§ 31-2-209 — Special procedure for adopting a charter upon incorporation

(1)
Proceedings to adopt a home rule charter may be initiated at the time of
incorporation.

(2) In order to initiate home rule at the time of incorporation, the petition for
incorporation shall be in the form and meet the requirements required by the
provisions of section 31-2-101, except that:

(a) The petition shall be signed by at least five percent of the registered
electors of the territory to be embraced within the boundaries of the proposed
municipality, notwithstanding any provision of section 31-2-101; and

(b) The petition for incorporation shall request the initiation of proceedings
for the adoption of a home rule charter pursuant to the provisions of this part 2.

(3) The election commissioners appointed by the court pursuant to section
31-2-102 shall exercise, to the extent practicable, the powers, functions, and
responsibilities otherwise assigned by this part 2 to the governing body or clerk,
and the procedures for incorporation and adoption of a home rule charter shall be
modified as necessary to effectuate concurrent consideration.

(4) At the incorporation election, conducted under the provisions of section
31-2-102, the registered electors shall vote upon:

(a) The question of incorporation, as set forth in section 31-2-102 (5);

(b) The question of whether a charter commission should be formed, as set
forth in section 31-2-205 (1); and

(c) The election of charter commission members, as set forth in section 31-2-205 (2).

(5) If a majority of the registered electors voting thereon vote for
incorporation and for formation of a charter commission, the first election of
officers shall be stayed pending drafting and approval of the charter pursuant to
sections 31-2-206 and 31-2-207. Upon ratification of the charter or after rejection of
a charter and revised charter pursuant to section 31-2-207, the election
commissioners shall proceed to the first election of officers and to completion of
incorporation pursuant to part 1 of this article.

(6) If a majority of the registered electors voting thereon vote for
incorporation but against the formation of a charter commission, the procedures set
forth in part 1 of this article shall be followed as if the petition for incorporation had
not included a request for the adoption of home rule at the time of incorporation.

Legislative History

Source: L. 75: Entire title R&RE, p. 1016, � 1, effective July 1. L. 84: (2)(a) amended, p. 831, � 2, effective April 15. L. 85: (2)(a) amended, p. 1346, � 14, effective April 30.