Millcreek Incorporation: Timeline
January 7, 2011 – County Clerk’s office determined that it had received enough signatures for a petition requesting a feasibility study.
January 10, 2011 – Request for feasibility study certified by the County Clerk.
– The County Council hired the consultant to conduct the Millcreek feasibility study.
June 7, 2011 - The County Council was presented with the feasibility study findings. The County Council subsequently voted on and approved the feasibility study.
July 19, 2011 - First public hearing.
August 2, 2011 - Second public hearing.
June 6, 2012 - The County Clerk's office certified the petition to place the Millcreek Township incorporation issue on the ballot.
November 6, 2012 - Millcreek Township residents will vote on whether to become their own city or to remain as part of unincorporated Salt Lake County.
Voting on the Incorporation of a New City
At any time within 18 months after the last public hearing on the feasibility study, the sponsors may submit a petition for incorporation for the issue to be on ballot. Since the last public hearing was held on August 2, 2011, then the sponsors had until February 2, 2013 to submit a petition for incorporation.
The County Clerk then has 45 days to certify or reject the petition for incorporation.
Since the County Clerk certified the petition, the county legislative body (County Council) shall hold an election on the proposed incorporation “[a]t the next special election date … more than 45 days after the county legislative body’s receipt of the certified petition or certified modified petition.” The legislative body (County Council) received the certified petition, so the election will be held in November 2012.
The County Clerk then has 10 days after the canvass of the incorporation election to send the results to the Lieutenant Governor and, if the measure passes, to send the information regarding the newly incorporated city.
If the petition passes, the petition sponsors have within 25 days from the canvass determine the number of council or commission members and terms and submit the information to the county legislative body.
The County Clerk then has 20 days from the receipt of this information by the county legislative body to publish notice of the number of commission or council members.
The county legislative body shall hold a primary election (if permitted) and a final election for the election of city officials. No election may be held before 75 days after the incorporation election.
The County Clerk shall send the results of the election of city officers within 10 days of the canvass to the Lieutenant Governor. The mayor-elect of the new city shall file a copy of the impending boundary action and the final local entity plat within 30 days after the canvass.
The incorporation is effective upon the Lieutenant Governor’s issuance of a certificate of incorporation. The Lieutenant Governor has 10 days to issue the certificate from the date it receives notice of the boundary action if the request meets all the statutory requirements.