§ 10-2a-510 — Transitioning from a preliminary municipality to a town -- Petition -- Election of officers.

(1) Within 30 days after the day on which the population of a preliminary municipality exceeds 99 people, a person who filed the application to incorporate as a preliminary municipality or a resident of the preliminary municipality shall file with the lieutenant governor a petition to transition the preliminary municipality into a town.
(2) A petition to transition a preliminary municipality into a town shall include:
(2)(a) a request that the lieutenant governor certify the transition of the preliminary municipality to, and the incorporation of the preliminary municipality as, a town;
(2)(b) the name, address, and phone number of the person filing the request;
(2)(c) the map or plat of the preliminary municipality;
(2)(d) a legal description of the boundaries of the preliminary municipality;
(2)(e) information regarding the preliminary municipality, including:
(2)(e)(i) the number of residences in the preliminary municipality;
(2)(e)(ii) the population of the preliminary municipality;
(2)(e)(iii) the number of adults and the number of children who reside in the preliminary municipality; and
(2)(e)(iv) information regarding the providers of municipal services and emergency services to the preliminary municipality;
(2)(f) the proposed name for the town; and
(2)(g) a signature sheet containing the names, addresses, and signatures of a majority of the adult residents of the preliminary municipality, supporting the proposed name for the town.
(3) Within 30 days after the day on which a person files a petition to transition a preliminary municipality into a town, the lieutenant governor shall:
(3)(a) determine whether the preliminary municipality has a population of more than 99 people;
(3)(b) examine the petition to determine whether the petition complies with Subsection (2);
(3)(c) if the lieutenant governor determines that the preliminary municipality has a population of more than 99 people and that the petition complies with Subsection (2), proceed to transition the preliminary municipality as a town in accordance with Subsection (4);
(3)(d) if the lieutenant governor determines that the preliminary municipality has a population of less than 100 people, deny the petition, inform the person who filed the petition of the determination, and request that the person refile the petition when the population exceeds 99 people; and
(3)(e) if the lieutenant governor determines that the petition fails to comply with Subsection (2), deny the petition, inform the person who filed the petition of the denial and the reason for the denial, and request that the person correct and refile the petition.
(4) After making the determination described in Subsection (3)(c), the lieutenant governor shall:
(4)(a) inform the person who filed the petition of the determination;
(4)(b) inform the county in which the preliminary municipality is located of the determination; and
(4)(c) direct the county to conduct an election for mayor and city council of the future town, to be held on the date of the next regular general election described in Section 20A-1-201, or the next municipal general election described in Section 20A-1-202, that is at least 65 days after the day on which the lieutenant governor directs the county to hold the election.
(5) The county shall:
(5)(a) comply with the direction given by the lieutenant governor under Subsection (4)(c);
(5)(b) determine the initial terms of the mayor and municipal council members to ensure that:
(5)(b)(i) the mayor and two of the municipal county members are elected in the next municipal general election;
(5)(b)(ii) the remaining municipal council members are elected at elections that result in the staggering of council member terms; and
(5)(b)(iii) the council members who receive the highest number of votes are assigned the longer initial terms; and
(5)(c) provide notice of the election for the preliminary municipality as a class B notice under Section 63G-30-102, for at least three weeks before the day of the election.
(6) The notice described in Subsection (5)(c) shall include:
(6)(a) a statement of the contents of the petition to transition the preliminary municipality to a town;
(6)(b) a description of the area to be incorporated as a town;
(6)(c) the name of the town;
(6)(d) information about the deadline for an individual to file a declaration of candidacy to become a candidate for mayor or municipal council;
(6)(e) information about the initial terms of office;
(6)(f) a statement of the date and time of the election and the location of polling places; and
(6)(g) a statement that the purpose of the election is to elect a mayor and a council to govern the town upon the town's incorporation.
(7) (7)(a) In addition to the notice described in Subsection (6), the county clerk shall publish and distribute, before the election is held, a voter information pamphlet:
(7)(a)(i) in accordance with the procedures and requirements of Section 20A-7-402;
(7)(a)(ii) in consultation with the lieutenant governor; and
(7)(a)(iii) in a manner that the county clerk determines is adequate.
(7)(b) The voter information pamphlet described in Subsection (7)(a):
(7)(b)(i) shall inform the public of the election and the purpose of the election; and
(7)(b)(ii) may include additional information regarding the election of the elected officials and the incorporation of the town.
(8) An individual may not vote in the election described in this section unless the individual is a registered voter who is a resident, as defined in Section 20A-1-102, within the boundaries of the preliminary municipality.
(9) The town, incorporated under Subsection (10)(b), shall pay to the county the cost of running the election described in this section.
(10) On the day after the day on which the canvass for the election is completed:
(10)(a) the elected mayor and council members shall take office and replace the board chair and board members of the preliminary municipality;
(10)(b) the lieutenant governor shall issue a certification that the preliminary municipality has transitioned to, and is incorporated as, a town; and
(10)(c) subject to Subsection (14), the town holds all authority and power of a town.
(11) The former mayor and council members for the preliminary municipality shall assist the newly-elected mayor of the town and the newly-elected council members of the town with the transition to a town and the transfer of power to the elected government of the town.
(12) The initial government of a town incorporated under this section is the five member council form of government described in Chapter 3b, Part 4, Five-Member Council Form of Municipal Government, with the mayor and counsel members elected at large.
(13) Within 30 days after the day on which the mayor takes office under Subsection (10)(a), the mayor shall record the certification described in Subsection (10)(b), and a copy of the plat for the municipality, with the county recorder.
(14) Until the mayor complies with Subsection (13), the municipality may not:
(14)(a) levy or collect a property tax on property within the municipality;
(14)(b) levy or collect an assessment on property within the municipality; or
(14)(c) charge or collect a fee for a service provided to property within the municipality.
(15) Section 10-2a-220 applies to a town incorporated under this section.

Legislative History

Enacted by Chapter 534, 2024 General Session