§ 3-2-7 — Incorporation; notice of the election results; publication or

posting; filing of results; limitation on resubmission. A. The board of county commissioners shall file a copy of the election results in the office of the county clerk. B. If a majority of the votes cast favor the incorporation of the territory as a municipality, the county clerk shall publish a notice containing the results of the election in a newspaper of general circulation within the territory proposed to be incorporated. If there is no newspaper of general circulation within the territory proposed to be incorporated, notice of the results of the election shall be posted in five public places within the territory proposed to be incorporated. C. If a majority of the votes cast favor the incorporation of the territory as a municipality, the county clerk shall file in the office of the county clerk and in the office of the secretary of state certified copies of the: (1) map or plat of the territory being incorporated; (2) papers and records relating to the determinations made by the board of county commissioners; and (3) notice of the election results, together with the: (a) publisher's affidavit of publication; or (b) county clerk's affidavit of posting. D. If a majority of the votes cast favor the incorporation of the territory as a municipality, the county clerk shall transmit within fifteen days to the secretary of finance and administration and the secretary of taxation and revenue certified copies of the map or plat of the territory being incorporated. E. In the event the question of incorporation of the territory fails, it shall not be resubmitted to the electors of the territory or any portion thereof for a period of two years after the date of the election at which the question failed.

Legislative History

1953 Comp., § 14-2-6, enacted by Laws 1965, ch. 300; 1979, ch. 318, § 1;