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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Cities and Towns
Chapter : FORMATION
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9-101.01 Incorporation, urbanized area
A. Notwithstanding any other provisions of law to the contrary, all territory
within six miles of an incorporated city or town, as the same now exists or may hereafter
be established, having a population of five thousand or more as shown by the most recent
federal census, 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 as shown by the most recent federal census is declared to be an urbanized
area.
B. No territory within an urbanized area shall hereafter be incorporated as a city
or town, and the board of supervisors shall have no jurisdiction to take any action upon
a petition to incorporate a city or town within such area, unless:
1. There is submitted with the petition for incorporation a resolution adopted by
the city or town causing the urbanized area to exist approving the proposed
incorporation; or
2. There is filed with the board of supervisors an affidavit stating that a proper
and legal petition has been presented to the city or town causing the urbanized area to
exist requesting annexation of the area proposed for incorporation and such petition has
not been approved by a valid ordinance of annexation within one hundred twenty days of
its presentation.
C. If such resolution or affidavit is filed with the board of supervisors, the
board shall proceed with incorporation of the area.
D. Notwithstanding any other provisions of this section to the contrary, no portion
of the territory of any city or town incorporated prior to the effective date of this
section shall be declared to be an urbanized area. In the event any such city or town
shall be declared to have been unlawfully incorporated by the final judgment of a court
of competent jurisdiction after the effective date of this section, all or any portion of
the territory thereof may be incorporated without regard to any of the provisions of this
section, provided petitions praying for the incorporation thereof or petitions praying
for the calling of an election for such purpose shall be filed with the board of
supervisors within one year from the date upon which such judgment shall become final.
9-101.02 Alternate method of incorporation for certain areas; definition
A. As an alternate procedure for incorporation, any unincorporated community
containing a population of seventy-five hundred persons or more, if such community
includes all of the territory of a district organized under title 48, chapter 19, which
itself includes all of the territory of a district organized under title 48, chapter 14,
may incorporate as a city or town if each of the following events occurs:
1. At least twenty per cent of the qualified electors of the community petition the
board of supervisors, setting forth the metes and bounds of the community, the name
proposed for such city or town, praying for the incorporation of the community into a
city or town and praying for the calling of an election for the purpose of deciding the
question of whether to incorporate. 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 the 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, if the
provisions of paragraph 2 of this subsection are complied with.
2. When, on the basis of a sufficient petition therefor under paragraph 1 of this
subsection, an election is required upon the question of incorporation the board of
supervisors shall also call, at the same time as the incorporation election is called,
separate elections among the qualified electors of each of such districts on the question
of ultimate dissolution of the district. For the purposes of such elections, a qualified
elector of a district shall be a person who is qualified to vote at the incorporation
election called pursuant to paragraph 1 of this subsection and who resides within the
district, and shall not be required to meet any additional qualifications. If a majority
of the qualified electors of each district voting on the question approves it, each
district shall be dissolved at the time and as otherwise provided in title 48, chapter 14
and chapter 19, respectively. Pending dissolution, the administration of district affairs
shall vest in trust in the governing body of the city or town created pursuant to the
election conducted under paragraph 1. Members of the governing body of such city or town
are trustees of the districts for all purposes of such districts and as such have the
powers and duties prescribed for the boards of directors of the districts organized
pursuant to title 48, chapters 14 and 19. Such trustees may, without limitation, except
as provided by law and within this section, operate the facilities of the district, may
cause the levy of district taxes and assessments to pay debts and operating charges of
the district and may issue and sell bonds previously authorized for improvements prior to
dissolution of the district. Indebtedness and obligations of or issued by or on behalf of
such districts shall not thereby become indebtedness or obligations of such city or town,
except that such city or town shall be responsible as trustees to insure that all
obligations and debts of the district shall be paid when due from funds available to the
trustees from the district. Until dissolution, nothing shall be deemed to preclude such a
district from otherwise continuing to carry on its activities and transacting its
business, or from entering into contracts and agreements otherwise authorized with such
city or town, or from transferring streets and other property to such city or town. At
elections conducted after incorporation in districts to which this section applies the
electors shall be qualified electors of the city or town who reside within the district,
shall be fully qualified to vote in a city or town election were one conducted at the
same time, and shall not be required to meet any additional qualifications.
B. Members of the boards of directors of the districts, if the terms of such
members have not expired, shall serve as an advisory board to the trustees until
expiration of the terms or earlier vacancy, and thereafter the office shall be deemed
abolished.
C. If the qualified electors voting in the election conducted pursuant to
subsection A, paragraph 1 of this section fail to approve incorporation or if the
qualified electors voting in either of the elections conducted pursuant to subsection A,
paragraph 2 of this section fail to approve dissolution, the community shall not at that
time become an incorporated city or town.
D. If incorporation is accomplished pursuant to this section, the order of the
board of supervisors 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. An area to be incorporated shall not include large areas of uninhabited, rural
or farm lands, but it shall be urban in nature.
F. Prior to the beginning of the first full fiscal year in which a city that is
incorporated under this section assumes the financial responsibility for a dissolved
special taxing district or districts formerly within the city's boundaries, the economic
estimates commission, pursuant to section 41-563, shall add to the city's 1979-1980 base
limit, for purposes of determining its expenditure limitation pursuant to article IX,
Constitution of ARIZONA, the actual expenditures of the district or districts for fiscal
year 1979-1980 as set forth in an audit by a certified public accountant done for fiscal
year 1979-1980. For purposes of making the adjustment to the city's expenditure
limitation pursuant to this subsection, notice shall be provided by a city to the
economic estimates commission no later than January 1 prior to the beginning of the
fiscal year in which a city proposes to assume the responsibility for a dissolved
district.
G. 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.
9-101.03 Alternate method of incorporation for an area containing a sanitary district and four road districts; definition
A. As an alternate procedure for incorporation, any unincorporated community
containing a population of two thousand five hundred persons or more, if such community
includes all of the territory of four districts organized under title 48, chapter 10 and
all of the territory of a district organized under title 48, chapter 14, may incorporate
as a city or town if each of the following events occurs:
1. At least twenty per cent of the qualified electors of the community petition the
board of supervisors, setting forth the metes and bounds of the community, stating the
name proposed for the city or town, praying for the incorporation of the community into a
city or town and praying for the calling of an election for the purpose of deciding the
question of whether to incorporate. The board shall within sixty days after filing the
petition call the election, and the election shall take place on such date as the board
may designate but not more than one hundred twenty days after the filing of such
petition, except that no such election may 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 the question. If a majority of the
qualified electors voting on the question votes for incorporation, the board of
supervisors shall, by an order entered of record, declare the community incorporated as a
city or town, if the provisions of paragraph 2 of this subsection are complied with.
2. If, on the basis of a sufficient petition under paragraph 1 of this subsection,
an election is required on the question of incorporation, the board of supervisors shall
also call, at the same time as the incorporation election is called, separate elections
among the qualified electors of each of the districts on the question of ultimate
dissolution of the districts. For the purposes of these elections, a qualified elector
of a district is a person who is qualified to vote at the incorporation election called
pursuant to paragraph 1 of this subsection and who resides within the district, and such
person is not required to meet any additional qualifications. If a majority of the
qualified electors of each district voting on the question approves it, each district
shall be dissolved at the time and as otherwise provided in title 48, chapter 10 and
chapter 14, respectively. Pending dissolution, the administration of district affairs
vests in trust in the governing body of the city or town created pursuant to the election
conducted under paragraph 1 of this subsection. Members of the governing body of such
city or town are trustees of the districts for all purposes of such districts and as such
have the powers and duties prescribed for the boards of directors of the districts
organized pursuant to title 48, chapters 10 and 14. Such trustees may, without
limitation, except as provided by law and within this section, operate the facilities of
the districts, may cause the levy of district taxes and assessments to pay debts and
operating charges of the districts and may issue and sell bonds previously authorized for
improvements before dissolution of the districts. Indebtedness and obligations of or
issued by or on behalf of such districts shall not become indebtedness or obligations of
such city or town, except that such city or town is responsible as a trustee to insure
that all obligations and debts of the districts are paid when due from funds available to
the trustees from the districts. Until dissolution, nothing is deemed to preclude such a
district from otherwise continuing to carry on its activities and transacting its
business, or from entering into contracts and agreements otherwise authorized with such
city or town, or from transferring streets and other property to such city or town. At
elections conducted after incorporation in districts to which this section applies, the
electors must be qualified electors of the city or town who reside within the district
and are fully qualified to vote in a city or town election if one was conducted at the
same time and shall not be required to meet any additional qualifications.
B. Members of the boards of directors of the districts, if the terms of such
members have not expired, shall serve as an advisory board to the trustees until
expiration of the terms or earlier vacancy, and thereafter the office is deemed
abolished.
C. If the qualified electors voting in the election conducted pursuant to
subsection A, paragraph 1 fail to approve incorporation or if the qualified electors
voting in either of the elections conducted pursuant to subsection A, paragraph 2 fail to
approve dissolution, the community shall not at that time become an incorporated city or
town.
D. If incorporation is accomplished pursuant to this section, the order of the
board of supervisors shall designate the name of the city or town and its metes and
bounds, and thereafter the inhabitants within the area so defined are a body politic and
corporate by the name designated.
E. An area to be incorporated shall not include large areas of uninhabited, rural
or farm lands, but it shall be urban in nature.
F. As used in 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 the people are acquainted and mingle in business, social, educational and
recreational activities.
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.
9-102 Disincorporation
A. The supervisors of the county in which a city or town is situated shall, upon
the petition of two-thirds of the qualified electors residing within the city or town
within sixty days of when the petition is filed, do either of the following:
1. Disincorporate the city or town, and appoint a trustee with authority to wind up
the affairs of the corporation, sell and convey its property, real and personal, pay the
debts of the city or town and deposit the surplus of the proceeds of the property in the
county treasury to be there disposed of for the benefit of the inhabitants of the
disincorporated city or town.
2. Call for an election for the purpose of deciding for or against the
disincorporation of the city or town. 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 disincorporation of the same city or town. Only qualified
electors of the city or town shall vote on this question. If a majority of the qualified
electors voting thereon votes for disincorporation, then the board of supervisors shall,
by an order entered of record, declare the city or town disincorporated and shall proceed
in the manner prescribed in paragraph 1 of this subsection.
B. If the incorporation of a city or town is rescinded or declared null and void by
a court of competent jurisdiction for any reason, the superior court in the county in
which that city or town is situated may appoint a trustee with authority to wind up the
affairs of the corporation, sell and convey its property, real and personal, and pay the
debts of the city or town. Any net proceeds remaining from the liquidation of such
property shall be spent for the benefit of the inhabitants of the disincorporated city or
town. An expenditure for the benefit of such inhabitants shall be determined in the
following manner:
1. The superior court shall conduct a public hearing to receive the recommendations
of the inhabitants for the disposition of such proceeds. The superior court shall
determine the object or objects for which such proceeds shall be spent by determining in
its discretion that such object or objects benefit and are in the best interests of the
majority of all age groups of the inhabitants. The object or objects may include
private, nonprofit organizations.
2. The superior court may appoint an advisory committee composed of the inhabitants
to assist it in rendering its decision and to ensure that such object or objects are
carried out and shall require the committee to provide a strict accounting of the
expenditure of such monies.
3. After receiving and approving a final accounting of the expenditure of such
monies, the superior court may discharge the advisory committee and trustee.
C. Indebtedness and obligations of or issued by or on behalf of such city or town
shall not become indebtedness or obligations of the county, except that the county is
responsible as a trustee to insure that all obligations and debts of the city or town are
paid. The indebtedness and obligations of such city or town shall be paid pursuant to
subsection D of this section. The city or town which is disincorporated shall continue
as a political subdivision until all of the debts and obligations of the city or town are
satisfied.
D. The appointed trustee shall annually estimate an amount to be levied as a tax on
all taxable property in the disincorporated city or town to pay the indebtedness or
obligations of the city or town. Subject to the limitation contained in subsection E of
this section, on or before June 30 the appointed trustee shall certify to the board of
supervisors the amount of taxes necessary to be levied for these purposes, and the board
of supervisors shall levy and cause the amount to be collected as secondary taxes at the
same time and in the same manner as levying and collecting general county taxes.
E. The taxes levied pursuant to subsection D of this section shall be levied until
such time as the indebtedness or obligations of the city or town shall have been
satisfied. The amount levied each year shall not exceed the amount levied for the tax
year preceding the year in which the city or town is disincorporated.
F. In addition to the authority provided in subsection A of this section, the
appointed trustee may operate the facilities of the city or town until such facilities
are sold or otherwise disposed of as determined by the county board of supervisors.
G. Before obtaining any signatures on a petition required by subsection A of this
section, a copy of the petition shall be filed with the clerk of the board of
supervisors. 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 have one hundred eighty days from the date of such filing to
obtain the required number of signatures.
H. The county recorder shall verify the names on the petition within thirty days
after the petition is completed and filed and, if valid, the board of supervisors shall
proceed as prescribed in subsection A, paragraph 1 or 2 of this section. If the city or
town is disincorporated pursuant to this section, the board of supervisors shall appoint
the trustee pursuant to subsection A of this section within thirty days after
disincorporation.
9-103 Reincorporation of existingmunicipalities; effect of change
A. A city or town heretofore incorporated desiring to be reincorporated may, upon
petition of a majority of its qualified electors to the board of supervisors of the
county in which the city or town is situated, by order of the board of county
supervisors, be disincorporated and reincorporated by whatever corporate name the
petition may designate. In such case, the officers of the city or town, at the date of
the disincorporation, shall deliver to the officers of the city or town so incorporated
all books, papers, records, money and other property pertaining to the city or town
disincorporated, and the city or town incorporated shall be liable for all debts and
liabilities of the city or town disincorporated, and shall be entitled to receive all
property and rights of action belonging to the disincorporated city or town.
B. The reincorporation of a city or town shall not affect or change title to any
property or rights therein, or any tax levy that may have been made, or outstanding
certificates of taxes, and the new corporation may issue necessary title papers under tax
sales, or other sales, the same as a city or town can do under existing laws.
C. The ordinances and resolutions existing in the city or town at the time the
petition is filed shall continue and be in force for sixty days thereafter, unless
repealed or changed by the proper authorities of the city or town reincorporated.
9-104 County services for newly incorporatedcity or town
A. When county territory is included within the boundaries of a newly incorporated
city or town, all codes, rules and regulations made, established, adopted or enacted by
such county, relating to zoning, building, plumbing, mechanical, electrical and health
and sanitation shall apply within such newly incorporated city or town and shall be
enforced by county officers from and after the date of such incorporation until July 1
next following such incorporation or until such time prior to the expiration of such
fiscal year as the governing body of such city or town, by resolution or conflicting
ordinance, supersedes such county code, rules or regulations.
B. All county services previously provided within such territory, including, but
not limited to, law enforcement, public safety, maintenance of streets and public
improvements, drainage, sewers and sewage disposal shall be continued through county
officers and at county expense during the period from and after the date of such
incorporation until July 1 next following such incorporation or until such time prior to
the end of such fiscal year as the governing body of such city or town, by resolution or
conflicting ordinances, provides such services.
C. The provisions of this section shall also apply to cities and towns incorporated
under article 3 of this chapter.
9-121 Consolidation of towns
A. When the common councils of two incorporated towns having a common boundary and
located in a county having a population of less than one hundred fifty thousand each pass
a resolution requesting an election for the purpose of consolidating the two towns into
one incorporated town, the board of supervisors of the county shall, within sixty days
after certified copies of the resolutions of the two towns are filed with the clerk of
the board of supervisors, adopt a resolution calling an election upon the question of the
consolidation, and the question of the name of the new proposed town, which election
shall be held on a date prescribed by section 16-204 but not more than one hundred eighty
days after the county resolution is filed. The resolution shall set forth the following:
1. The date on which the election is to be held.
2. The places where votes may be cast, and at least one place shall be designated
within the corporate limits of each of the two towns.
3. The hours between which the polling places will be open.
4. The name of the proposed consolidated town listing two to four choices.
B. The election resolution shall be published in full at least once, not less than
fifteen nor more than thirty days prior to the date of the election in a newspaper
published in the county. If there is no such newspaper, the resolution shall be posted
in five conspicuous places in each of the municipalities not less than fifteen nor more
than thirty days prior to the date of the election.
C. At the election, the ballot shall contain and may be limited to the following:
1. The phrases "for the consolidation" and "against the consolidation". To the
right of and opposite each phrase shall be placed a square approximately the size of
squares placed opposite the names of candidates on ballots. The voter shall indicate his
vote for the consolidation or against the consolidation by inserting the mark "X" in the
square opposite the appropriate phrase. No other question, word nor figure need be
printed on the ballot. The ballot need not be any particular size nor need sample
ballots be printed, posted or distributed.
2. The phrase "if consolidation is approved, choose one of the following as the
name of the new proposed town." To the right of and opposite each suggested name shall
be placed a square approximately the size of squares placed opposite the names of
candidates on ballots. The voter shall indicate the vote for the name of the new
proposed town by inserting the mark "X" in one square only opposite the name chosen.
D. Only qualified electors of the towns shall vote on the question. If a majority
of the qualified electors voting thereon, in each incorporated town, votes for
consolidation, then the board of supervisors shall by an order entered of record by the
board declare the two incorporated towns consolidated into one incorporated town, and the
order of the board shall designate the name of the town, which shall be the name chosen
by the most voters in the election as set forth in the resolution calling the election.
E. Except as otherwise provided in this article, the manner of conducting the
registration and election, keeping the poll lists, making the returns, declaring the
results and doing all acts relating to the election shall conform to the procedure
provided by law for the registration and qualification of electors and holding special
elections wherein the question of issuance of bonds of municipal corporations is
submitted to an election.
F. The first common council for the new town shall be appointed by the board of
supervisors in the manner provided in section 9-231, for towns newly incorporated.
G. The incorporated limits of the new town shall be the combined corporate limits
of the two former incorporated towns at the time of the election. The ordinances and
resolutions of the former towns shall continue in force unless repealed or changed by the
new common council. In case of conflict between ordinances or resolutions, the ordinance
or resolution of the former town having the largest population at the last federal
decennial census shall prevail. The new town shall be liable for all debts and
liabilities of the two former towns, and shall be entitled to receive all property and
rights of action belonging to the former towns.
H. Towns incorporated pursuant to the provisions of this article shall have all
powers, duties, rights and privileges granted to incorporated towns under the laws and
constitution of the state of ARIZONA.
9-122 Unification of a city and a town
A. If the common council of a city and the common council of a town whose
boundaries are within five miles of each other at one or more points pass a resolution
requesting an election for the purpose of unifying the city and the town into one
incorporated city, and a petition is received from the unincorporated areas which
separate the city or town boundaries or are contiguous to the boundaries and is signed by
at least ten per cent of the qualified electors in such unincorporated area, within sixty
days, the board of supervisors of the county shall adopt a resolution calling an election
on the question of the unification and the question of the name of the new proposed city.
The election shall be held on a date prescribed by section 16-204 but not more than one
hundred eighty days after the county resolution is filed. The resolution shall set forth
the following:
1. The date on which the election is to be held.
2. The places where votes may be cast. At least one place shall be designated
within the corporate limits of the city and the town and the unincorporated area
proposing the unification.
3. The hours between which the polling places will be open.
4. The name of the proposed unified city.
B. The election resolution shall be published in full at least once, not less than
thirty nor more than sixty days before the date of the election, in a newspaper published
in the county. If there is no such newspaper, the resolution shall be posted in five
conspicuous places in each of the municipalities and the affected unincorporated areas
not less than thirty nor more than sixty days before the date of the election.
C. At the election, the ballot shall contain and may be limited to the phrases "for
the unification" and "against the unification". A square approximately the size of the
squares placed opposite the names of candidates on ballots shall be placed to the right
of and opposite each phrase. A voter shall indicate a vote for the unification or against
the unification by marking the ballot pursuant to the ballot instructions. The ballot is
not required to be any particular size, and sample ballots are not required.
D. Only qualified electors of the city, the town and the unincorporated areas shall
vote on the question. If a majority of the qualified electors voting on the question in
each area votes for unification, the board of supervisors shall declare by an order
entered of record the city, town and unincorporated areas unified into one incorporated
city. The order of the board shall designate the name of the city.
E. Except as otherwise provided in this article, the manner of conducting the
registration and election, keeping the poll lists, making the returns, declaring the
results and doing all acts relating to the election shall conform to the procedure
provided by law for the registration and qualification of electors and holding special
elections in which the question of issuance of bonds of municipal corporations is
submitted to an election.
F. The board of supervisors shall appoint the first common council for the new
city. The board of supervisors shall appoint seven members at least two of whom shall be
from each of the three areas unified. Following appointment, the council shall designate
one of its members to serve as mayor. At the earliest possible date following the
formation of the new city, the new city shall be divided by the appointed council into
six districts, and an election shall be called to fill the six council districts and
elect at large a directly elected mayor. The mayor and council members shall serve four
year staggered terms. At the first election, the three council members with the highest
vote shall serve four year terms and the three other council members elected shall serve
two year terms in order to accomplish staggered terms for future elections.
G. The incorporated limits of the new city shall be those shown on the resolutions
from the incorporated city and town and shall be their combined corporate limits plus the
unincorporated areas that appear on the petition submitted pursuant to subsection A of
this section and that are between or adjacent to the city and the town. In no event shall
any such petition include land or improvements utilized for mining, metallurgical or
related environmental remediation purposes without written consent of the landowner. The
ordinances and resolutions of the former city, town and county shall continue in force
unless repealed or changed by the new common council, including franchises and
transaction privilege taxes. In the case of conflict between ordinances or resolutions,
the ordinances or resolutions of the former city or town with the larger population shall
prevail, except that zoning regulations applying to property at the time of unification
shall remain in effect until the council of the new unified city adopts a zoning
ordinance applying to the property. The new city shall be liable for all debts and
liabilities of the former city and town and shall be entitled to receive all property and
rights of action belonging to the former city and town.
H. A city incorporated pursuant to this article has all powers, duties, rights and
privileges granted to incorporated cities and towns under the laws and constitution of
this state. For purposes of state shared revenues, including state sales tax, state
income tax, vehicle license taxes, highway user revenues and local transportation
assistance fund monies, a combined amount which would have been distributed to the former
town and city unified shall be distributed to the new city until a combined census count
including the unincorporated areas can be obtained. Once the combined census count is
obtained, the updated census count shall be used for the distribution of the state shared
revenues retroactive to the first of the month following unification. The annual
population estimate of the unified city prepared by the department of economic security
shall be used for distribution of local transportation assistance fund monies.
I. The unified city shall have a property tax levy limit calculated as the combined
maximum allowable levy limit of the town and city unless another levy limit is approved
by the voters of the unified city at a regularly scheduled election. The expenditure
limit of the unified city shall be the alternative expenditure limitation of the largest
city until the fiscal year following the unified city's first general election. At such
election, the council may propose an alternative expenditure limitation or permanent base
adjustment and if not approved the unified city's expenditure limitation shall be
calculated using the formula provided for a newly incorporated city unless subsequently
changed by the voters.
9-131 Incorporation; definition
A. When two-thirds of the qualified electors in each county residing in a single
community containing a collective population of fifteen hundred or more inhabitants
petition their respective boards 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 respective
boards meeting in a joint session are satisfied that two-thirds of the qualified electors
residing in the community in each county have signed the petition, they shall by an order
entered of record by each board declare the community incorporated as a city or town.
B. When ten per cent of the qualified electors in each county residing in a single
community containing a collective population of fifteen hundred or more inhabitants
petition their respective boards of supervisors in the manner prescribed by subsection A
of this section, praying for the calling of an election for the purpose provided in this
section, the respective boards meeting in joint session shall within sixty days after the
filing of 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 in each county voting thereon votes for incorporation, then the boards
of supervisors again meeting in joint session shall by an order entered of record by each
board declare the community incorporated as a city or town.
C. The provisions of section 9-231 shall apply to cities and towns incorporated
under this article, except that the first common council shall be appointed by the boards
of supervisors of the respective counties meeting in joint session.
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.
9-132 Disincorporation
Upon petition of two-thirds of the qualified electors residing within a city or town
located in more than one county, the boards of supervisors of the respective counties,
meeting in joint session may disincorporate the city or town, and appoint a trustee with
authority to terminate the affairs of the corporation, sell and convey its property, real
and personal, pay the debts of the city or town and deposit the surplus of the proceeds
of the property in the county treasury to be there disposed of for the improvement of
roads in the vicinity in which the city or town is situated. Such proceeds shall be
distributed by the trustee to the respective counties in the proportion that the
population of the city or town within each county bore to the total population of the
city or town, according to the most recent regular or special federal census.
9-133 Reincorporation
The provisions of section 9-103 shall be applicable to incorporations under this
article, provided that petitions under this section shall be submitted to the respective
boards of supervisors. The boards of supervisors meeting in joint session may order the
city or town disincorporated and reincorporated.
9-134 Annexation
Any incorporated city or town may annex territory in an adjacent county pursuant to
the provisions of section 9-471.
9-135 Relations with county
If a city or town is located in more than one county, and the law requires the
filing or recording of any paper, document or notice of the taking of any action within a
county, such city or town shall perform such filing or recording or take such action
within the county in which the property affected is located. In addition, such city or
town may file or record any such paper, document or notice or take such action in each
county in which such city or town is located.
9-136 State or county collected taxes
The department of revenue, the county treasurers and every other state department,
agency or political subdivision, shall remit to cities and towns located in more than one
county their portion of taxes which are collected for and in behalf of the incorporated
cities and towns. Distribution of such taxes shall be on the same basis as now or
hereafter provided by law.
9-137 Powers and duties Cities and towns incorporated pursuant to the provisions of this article shall have all the powers, duties, rights and privileges granted to incorporated cities and towns under the laws and constitution of this state.
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