10-2-114. Determination of number of council members -- Determination of
election districts -- Hearings and notice.
(1) If the incorporation proposal passes, the petition sponsors shall, within 25 days of the
canvass of the election under Section 10-2-111:
(a) if the voters at the incorporation election choose the council-mayor form of
government, determine the number of council members that will constitute the council of the
future city;
(b) if the voters at the incorporation election vote to elect council members by district,
determine the number of council members to be elected by district and draw the boundaries of
those districts, which shall be substantially equal in population;
(c) determine the initial terms of the mayor and members of the city council so that:
(i) the mayor and approximately half the members of the city council are elected to serve
an initial term, of no less than one year, that allows their successors to serve a full four-year term
that coincides with the schedule established in Subsection 10-3-205(1); and
(ii) the remaining members of the city council are elected to serve an initial term, of no
less than one year, that allows their successors to serve a full four-year term that coincides with
the schedule established in Subsection 10-3-205(2); and
(d) submit in writing to the county legislative body the results of the sponsors'
determinations under Subsections (1)(a), (b), and (c).
(2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petition
sponsors shall hold a public hearing within the future city on the applicable issues under
Subsections (1)(a), (b), and (c).
(b) (i) The petition sponsors shall publish notice of the public hearing under Subsection
(2)(a):
(A) in a newspaper of general circulation within the future city at least once a week for
two successive weeks before the hearing; and
(B) in accordance with Section 45-1-101 for two weeks before the hearing.
(ii) The last publication of notice under Subsection (2)(b)(i)(A) shall be at least three
days before the public hearing under Subsection (2)(a).
(c) (i) In accordance with Subsection (2)(b)(i)(A), if there is no newspaper of general
circulation within the future city, the petition sponsors shall post at least one notice of the hearing
per 1,000 population in conspicuous places within the future city that are most likely to give
notice of the hearing to the residents of the future city.
(ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least seven
days before the hearing under Subsection (2)(a).
Amended by Chapter 388, 2009 General Session
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Last revised: Thursday, May 28, 2009