H.B. 502
         INCORPORATION AMENDMENTS

House Committee Amendments

Amendment 1 February 23, 2012 10:59 AM



Representative Melvin R. Brown proposes the following amendments:

1.    Page 9, Lines 260 through 271 :    

             260          
{   (4) (a) For purposes of this Subsection (4), "pending" means that the process to

             261      incorporate an unincorporated area has been initiated by the filing of a request for incorporation
             262      under Section 10-2-103 but that, as of May 12, 2012, a petition described in Section 10-2-109
             263      has not yet been filed for final certification with the county clerk in accordance with Section
             264      10-2-110 .
             265          (b) The amendments to Subsections (1) through (3) that become effective on May 12,
             266      2012:
             267          (i) apply to each pending proceeding proposing the incorporation of an unincorporated
             268      area; and
             269          (ii) do not apply to a municipal incorporation proceeding under this part in which a
             270      petition described in Section 10-2-109 has been filed for final certification with the county
             271      clerk in accordance with Section 10-2-110 .   }
  (4)(a) For purposes of this Subsection (4), "pending" means that the process to incorporate an unincorporated area has been initiated by:

     (i) the certification of a request for a feasibility study under the prior provisions of this Chapter; or
    (ii) the filing of a request for incorporation under Section 10-2-103 if, as of May 8, 2012, a petition described in Section 10-2-109 has not yet been filed for final certification with the county clerk in accordance with Section 10-2-110 .
(b) The amendments to Subsections (1) through (3) that become effective on May 8, 2012:
    (i) apply to a pending proceeding proposing the incorporation of an unincorporated area; and
    (ii) do not apply to a municipal incorporation proceeding under this part in which a petition described in Section 10-2-109 has been filed for final certification with the county clerk in accordance with Section 10-2-110.  



2.    Page 11, Lines 323 through 325 :    

             323          (6) The requirements of this section that become effective on May
{   12   }        (8)       , 2012, do not

             324      apply to a petition for incorporation certified by the county clerk, in accordance with Section
             325      10-2-110 , before May
{   12   }        (8)       , 2012.


3.    Page 12, Lines 358 through 359 :    


             358          
{   (3) If a majority of the registered voters residing within the area boundaries of the

             359      proposed city vote to incorporate as a city, the area shall incorporate.   }
  (3) If a majority of those casting votes within the area boundaries of the proposed city vote to incorporate as a city, the area shall incorporate.      


4.    Page 25, Lines 763 through 764 :    

             763          
{   (5) If a majority of the registered voters residing within the area boundaries of the

             764      proposed town vote to incorporate as a town, the area shall incorporate.   }
  (5) If a majority of those casting votes within the area boundaries of the proposed town vote to incorporate as a town, the area shall incorporate.      

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