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(1) At any time within one year after the day on which the lieutenant governor completes the public hearings described in Section 10-2a-207, individuals within the proposed municipality may proceed with the incorporation process by circulating and submitting to the lieutenant governor an incorporation petition that, to be certified under Subsection 10-2a-209(1)(b)(i), is required to be signed by:
(a) 10% of all registered voters within the area proposed to be incorporated as a municipality, as of the date the petition is filed;
(b) if the petition proposes the incorporation of a city, and subject to Subsection (4), 10% of all registered voters within 90% of the voting precincts within the area proposed to be incorporated as a city, as of the date the petition is filed; and
(c) the owners of private real property that:
(i) is located within the proposed municipality;
(ii) covers at least 10% of the total private land area within the proposed municipality; and
(iii) is equal in value to at least 7% of the value of all private real property within the proposed municipality.
(2) The petition sponsors shall ensure that the petition:
(a) includes the typed or printed name and current residence address of each voter that signs the petition;
(b) describes the area proposed to be incorporated as a municipality, as described in the feasibility study request or modified request that complies with Subsection 10-2a-205(6)(a);
(c) states the proposed name for the proposed municipality;
(d) designates five signers of the petition as petition sponsors, one of whom is designated as the contact sponsor, with the mailing address and telephone number of each;
(e) if the sponsors propose the incorporation of a city, states that the signers of the petition appoint the sponsors, if the incorporation measure passes, to represent the signers in:
(i) selecting the number of commission or council members the new city will have; and
(ii) drawing district boundaries for the election of council members, if the voters decide to elect council members by district;
(f) is accompanied by and circulated with an accurate plat or map, prepared by a licensed surveyor, showing the boundaries of the proposed municipality; and
(g) substantially complies with and is circulated in the following form: PETITION FOR INCORPORATION OF (insert the proposed name of the proposed municipality) To the Honorable Lieutenant Governor: We, the undersigned registered voters within the area described in this petition, respectfully petition the lieutenant governor to direct the county legislative body to submit to the registered voters residing within the area described in this petition, at the next regular general election, the question of whether the area should incorporate as a municipality. Each of the undersigned affirms that each has personally signed this petition and is a registered voter who resides within the described area, and that the current residence address of each is correctly written after the signer's name. The area proposed to be incorporated as a municipality is described as follows: (insert an accurate description of the area proposed to be incorporated).
(3) A valid signature on a request described in Section 10-2a-202 or a modified request described in Section 10-2a-206 may not be used toward fulfilling the signature requirement described in Subsection (1):
(a) if the request notified the signer in conspicuous language that the signature, unless withdrawn, would also be used for a petition for incorporation under this section; and
(b) unless the signer files with the lieutenant governor a written withdrawal of the signature before the petition is filed under this section with the lieutenant governor.
(4)
(a) A signature does not qualify under Subsection (1)(b) if the signature is gathered from a voting precinct that:
(i) except in a proposed municipality that will be a city of the fifth class, is not located entirely within the boundaries of a proposed city; or
(ii) includes less than 50 registered voters.
(b) A voting precinct that is not located entirely within the boundaries of the proposed city does not qualify as a voting precinct under Subsection (1)(b).