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Incorporation Group
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Incorporation Definitions
If two-thirds of the qualified electors residing in a community containing a population of fifteen hundred or more f the or in a community within ten miles of the boundary of a national park or monument that contains a population of five hundred or more persons petition the board of supervisors, setting forth the metes and bounds of the community, and the name under which petitioners desire to be incorporated, abd praying for the incorporation of the community into a city or town, and the board
When ten percent of the qualified electors residing in a community containing a population of fifteen hundred or more persons or in a community within ten miles of the boundary of a national park or monument that contains a population of five hundred or more persons petition the board of supervisors in the manner prescribed in subsection A of this section, praying for the calling of an election for the purpose provided in this section, the board shall within sixty days after filing the petition
Prior to obtaining any signatures on a petition required by subsection A or B of this section, a copy of such petition shall be filed with the county recorder or, in a county having elections department, with the county elections department. The petition shall state its purpose clearly and concisely and shall be in the form and signed and verified as generally provided for initiative petitions. Petitioners shall have one hundred eighty days from the date of such filing to obtain the required num
By whichever proceeding the incorporation of a city or town is accomplished, the order shall designate the name of the city or town, and its metes and bounds, and thereafter the inhabitants within the area so defined shall be a body politic and corporate by the name designated.
For the purpose of this section "community" means a locality in which a body of people resides in more or less proximity having common interests in such services as public health, public protection, fire protection and water which bind together the people of the area, and where the people are acquainted and mingle in business, social, educational and recreational activities.
An area to be incorporated shall not include large areas of uninhabited, rural or farmlands, but it shall be urban in nature.
Territory shall not be incorporated if, as a result of such incorporation, unincorporated territory is completely surrounded by incorporated areas nor shall an area to be incorporated exclude interior county streets and roads, unless the board of supervisors approves the exclusion of such territory, streets and roads.
The board of supervisors shall exclude from the community proposed to be incorporated pursuant to subsection A or B of this section any territory which has been included in an annexation ordinance adopted by a city or town pursuant to law after the incorporation petition has been filed pursuant to subsection C of this section. If the remaining community fails to meet the qualifications for incorporation, the board of supervisors shall reject the petition.
For the purpose of this section, metes and bounds may be described by roads that make up the boundaries of the community.
Uninhabited includes land owned by a mining or metallurgical company.
A. Notwithstanding any other law, all territory within six miles of an incorporated city or town, as the same now exists or may hereafter be stablished, having a population of five thousand or more persons, and all territory within three miles of any incorporated city or town, as the same now exists or may hereafter be established, having a population of less than five thousand persons is declared to be an urbanized area.
Except as provided in subsection D of this section, territory within an urbanized area shall not hereafter be incorporated as a city or town, and the board of supervisors does not have any jurisdiction to take any action on a petition pursuant to section 9-101 to incorporate a city or town within such area, unless either
1. The petitioners for incorporation submit to the board of supervisors, before the petitioners obtain signatures, a resolution adopted by the city or town causing the urbanized
If a resolution or affidavit is submitted to the board of supervisors pursuant to subsection B of this section, the board shall take action on the petition pursuant to section 9-101 to incorporate the proposed area.
If the area proposed for incorporation has a population of fifteen thousand or more persons and that population is more than the population of the city or town that causes the urbanized area to exist and that opposes the proposed incorporation, the board of supervisors shall take action on the petition pursuant to section 9-101 to incorporate the proposed area without a resolution approving the proposed incorporation and adopted by the city or town causing the urbanized area to exist.
Notwithstanding any other provisions of this section, a portion of the territory of any city or town incorporated before June 20, 1968 shall not be declared to be an urbanized area. If any such city or town is declared to have been unlawfully incorporated by the final judgement of a court of competent jurisdiction after June 20, 1968, all or any portion of the territory of the city or town may be incorporated without regard to this section if petitions praying for incorporation thereof
or petitions praying for the calling of an election for such purpose are filed with the board of supervisors within one year after the date on which the judgment becomes final.
If during the period of declared control, a planned community association as defined in section 33-1802 notifies the board of its request to be excluded from the petition to incorporate, the board shall exclude from the community proposed to be incorporated the area or portion of the area covered by the planned community association after the petition has been submitted pursuant to section 9-101, subsection C, paragraph 3. The petitioners are not required to resubmit a petition if the remaining
area proposed for incorporation meets the population qualifications for incorporation pursuant to this section and section 9-101. If the remaining area proposed for incorporation fails to meet the population qualifications for incorporation pursuant to this section or section 9-101, the board shall reject the petition.
County Services for newly incorporated city or town.
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