2006 Utah Code - 10-2-125 — Incorporation of a town.

     10-2-125.   Incorporation of a town.
     (1) (a) A contiguous area of a county not within a municipality, with a population of at least 100 but less than 1,000, may incorporate as a town as provided in this section.
     (b) (i) The population figure under Subsection (1)(a) shall be derived from the most recent official census or census estimate of the United States Bureau of the Census.
     (ii) If the population figure is not available from the United States Bureau of the Census, the population figure shall be derived from the estimate from the Utah Population Estimates Committee.
     (2) (a) The process to incorporate an area as a town is initiated by filing a petition with the clerk of the county in which the area is located.
     (b) Each petition under Subsection (2)(a) shall:
     (i) be signed by the owners of private real property that:
     (A) is located within the area proposed to be incorporated;
     (B) covers a majority of the total private land area within the area; and
     (C) is equal in value to at least 1/3 of the value of all private real property within the area;
     (ii) state the legal description of the boundaries of the area proposed to be incorporated as a town; and
     (iii) substantially comply with and be circulated in the following form:
     PETITION FOR INCORPORATION OF (insert the proposed name of the proposed town)
     To the Honorable County Legislative Body of (insert the name of the county in which the proposed town 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 examine the question of whether the area should incorporate as a town. Each of the undersigned affirms that each has personally signed this petition and is an owner of real property within the described area, and that the current residence address of each is correctly written after the signer's name. The area proposed to be incorporated as a town is described as follows: (insert an accurate description of the area proposed to be incorporated).
     (c) A petition under this section may not describe an area that includes some or all of an area proposed for annexation in an annexation petition under Section 10-2-403 that:
     (i) was filed before the filing of the petition; and
     (ii) is still pending on the date the petition is filed.
     (3) Section 10-2-104 applies to a petition for incorporation as a town, except that the notice under Subsection 10-2-104(1) shall be sent within seven calendar days of the filing of a petition under Subsection (2).
     (4) (a) A county legislative body may treat a petition filed under Subsection (2) as a request for a feasibility study under Section 10-2-103 and process it as a request under that section would be processed under this part to determine whether the feasibility study results meet the requirements of Subsection 10-2-109(3).
     (b) If the results of a feasibility study under Subsection (4)(a) do not meet the requirements of Subsection 10-2-109(3), the county legislative body may not approve the incorporation petition.
     (c) If the results of the feasibility study under Subsection (4)(a) meet the requirements of

Subsection 10-2-109(3), the county legislative body may approve the incorporation petition, if the county legislative body determines that the incorporation is in the best interests of the citizens of the county and the proposed town.
     (5) Upon approval of a petition filed under Subsection (2), the legislative body of the county in which the proposed town is located shall appoint a mayor and members of the town council who shall hold office until the next regular municipal election and until their successors are elected and qualified.
     (6) (a) Each mayor appointed under Subsection (5) shall, within seven days of appointment, file articles of incorporation of the new town with the lieutenant governor.
     (b) The articles of incorporation shall meet the requirements of Subsection 10-2-119(2).
     (7) A town is incorporated upon the lieutenant governor's issuance of a certificate of entity creation under Section 67-1a-6.5.
     (8) The legislative body of the new town shall comply with the notice requirements of Section 10-1-116.

Amended by Chapter 233, 2005 General Session