9-101

9-101. Incorporation; definition

A. When two-thirds of the qualified electors residing in a community containing a
population of fifteen hundred or more inhabitants 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 the petitioners desire to be incorporated, and
praying for the incorporation of the community into a city or town, and the board is
satisfied that two-thirds of the qualified electors residing in the community have signed
the petition, it shall, by an order entered of record, declare the community incorporated
as a city or town.

B. When ten per cent 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 call the election,
and the election shall take place on a date prescribed by section 16-204 but not more
than one hundred eighty days after the petition is filed, except that no such election
shall be called within twelve months from the date of a previous election for
incorporation of substantially the same territory. Only qualified electors of the
community shall vote on this question. If a majority of qualified electors voting thereon
votes for incorporation, then the board of supervisors shall, by an order entered of
record, declare the community incorporated as a city or town.

C. 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 an 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 number
of signatures.

D. 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.

E. For the purposes 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.

F. An area to be incorporated shall not include large areas of uninhabited, rural
or farm lands, but it shall be urban in nature.

G. 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.

H. 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.