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H.B. 130
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COUNTY STATUTES RECODIFICATION
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: David L. Gladwell
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AN ACT RELATING TO COUNTIES; RENUMBERING AND AMENDING PROVISIONS
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RELATING TO COUNTY BOUNDARIES AND POWERS, THE POWERS AND DUTIES OF
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COUNTY OFFICERS, AND OTHER MATTERS; REPEALING VARIOUS COUNTY
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PROVISIONS; PROVIDING FOR LEGISLATIVE AND EXECUTIVE POWERS, DUTIES,
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AND FUNCTIONS OF COUNTY OFFICERS; PROVIDING FOR A COUNTY RESOURCE
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DEVELOPMENT COMMITTEE; PROVIDING FOR AN EXPANDED COUNTY
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COMMISSION FORM OF COUNTY GOVERNMENT; MAKING TECHNICAL CHANGES;
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AND PROVIDING A COORDINATION CLAUSE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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ENACTS:
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17-50-101, Utah Code Annotated 1953
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17-50-201, Utah Code Annotated 1953
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17-50-204, Utah Code Annotated 1953
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17-50-401, Utah Code Annotated 1953
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17-52-102, Utah Code Annotated 1953
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17-52-207, Utah Code Annotated 1953
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17-52-502, Utah Code Annotated 1953
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17-53-102, Utah Code Annotated 1953
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17-53-103, Utah Code Annotated 1953
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17-53-201, Utah Code Annotated 1953
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17-53-212, Utah Code Annotated 1953
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17-53-301, Utah Code Annotated 1953
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17-53-302, Utah Code Annotated 1953
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17-53-303, Utah Code Annotated 1953
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17-53-304, Utah Code Annotated 1953
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17-53-306, Utah Code Annotated 1953
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17-53-312, Utah Code Annotated 1953
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RENUMBERS AND AMENDS:
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17-20-1.5, (Renumbered from 17-5-208, as renumbered and amended by Chapters 146 and
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147, Laws of Utah 1994)
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17-20-1.7, (Renumbered from 17-5-209, as renumbered and amended by Chapter 147,
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Laws of Utah 1994)
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17-36-46, (Renumbered from 17-4-6, as enacted by Chapter 25, Laws of Utah 1959)
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17-36-47, (Renumbered from 17-4-7, as last amended by Chapter 21, Laws of Utah 1963)
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17-36-48, (Renumbered from 17-4-9, as last amended by Chapter 5, Laws of Utah 1991)
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17-36-49, (Renumbered from 17-4-10, as enacted by Chapter 25, Laws of Utah 1959)
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17-36-50, (Renumbered from 17-4-11, as enacted by Chapter 25, Laws of Utah 1959)
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17-36-51, (Renumbered from 17-4-14, as last amended by Chapter 3, Laws of Utah 1988)
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17-36-52, (Renumbered from 17-4-15, as enacted by Chapter 69, Laws of Utah 1977)
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17-36-53, (Renumbered from 17-4-16, as last amended by Chapter 3, Laws of Utah 1988)
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17-36-54, (Renumbered from 17-4-17, as enacted by Chapter 69, Laws of Utah 1977)
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17-50-102, (Renumbered from 17-4-5, Utah Code Annotated 1953)
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17-50-202, (Renumbered from 17-1-2, Utah Code Annotated 1953)
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17-50-203, (Renumbered from 17-1-3, Utah Code Annotated 1953)
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17-50-205, (Renumbered from 17-1-4, Utah Code Annotated 1953)
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17-50-206, (Renumbered from 17-1-5, Utah Code Annotated 1953)
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17-50-207, (Renumbered from 17-1-6, Utah Code Annotated 1953)
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17-50-208, (Renumbered from 17-1-7, Utah Code Annotated 1953)
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17-50-209, (Renumbered from 17-1-8, Utah Code Annotated 1953)
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17-50-210, (Renumbered from 17-1-9, Utah Code Annotated 1953)
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17-50-211, (Renumbered from 17-1-10, as last amended by Chapter 67, Laws of Utah
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1977)
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17-50-212, (Renumbered from 17-1-11, Utah Code Annotated 1953)
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17-50-213, (Renumbered from 17-1-12, Utah Code Annotated 1953)
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17-50-214, (Renumbered from 17-1-13, Utah Code Annotated 1953)
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17-50-215, (Renumbered from 17-1-14, Utah Code Annotated 1953)
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17-50-216, (Renumbered from 17-1-15, Utah Code Annotated 1953)
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17-50-217, (Renumbered from 17-1-16, Utah Code Annotated 1953)
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17-50-218, (Renumbered from 17-1-17, Utah Code Annotated 1953)
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17-50-219, (Renumbered from 17-1-18, Utah Code Annotated 1953)
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17-50-220, (Renumbered from 17-1-19, Utah Code Annotated 1953)
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17-50-221, (Renumbered from 17-1-20, Utah Code Annotated 1953)
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17-50-222, (Renumbered from 17-1-21, Utah Code Annotated 1953)
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17-50-223, (Renumbered from 17-1-22, Utah Code Annotated 1953)
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17-50-224, (Renumbered from 17-1-23, Utah Code Annotated 1953)
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17-50-225, (Renumbered from 17-1-24, Utah Code Annotated 1953)
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17-50-226, (Renumbered from 17-1-25, Utah Code Annotated 1953)
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17-50-227, (Renumbered from 17-1-26, Utah Code Annotated 1953)
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17-50-228, (Renumbered from 17-1-27, as last amended by Chapter 67, Laws of Utah
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1977)
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17-50-229, (Renumbered from 17-1-28, Utah Code Annotated 1953)
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17-50-230, (Renumbered from 17-1-29, Utah Code Annotated 1953)
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17-50-231, (Renumbered from 17-1-30, Utah Code Annotated 1953)
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17-50-232, (Renumbered from 17-1-31, Utah Code Annotated 1953)
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17-50-233, (Renumbered from 17-1-32, Utah Code Annotated 1953)
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17-50-301, (Renumbered from 17-4-2, as last amended by Chapter 227, Laws of Utah
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1993)
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17-50-302, (Renumbered from 17-4-3, Utah Code Annotated 1953)
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17-50-303, (Renumbered from 17-4-4, as last amended by Chapter 227, Laws of Utah
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1993)
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17-50-304, (Renumbered from 17-5-219, as renumbered and amended by Chapter 147,
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Laws of Utah 1994)
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17-50-305, (Renumbered from 17-5-229, as renumbered and amended by Chapter 147,
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Laws of Utah 1994)
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17-50-306, (Renumbered from 17-5-232, as last amended by Chapter 365, Laws of Utah
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1999)
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17-50-307, (Renumbered from 17-5-233, as renumbered and amended by Chapter 147,
92
Laws of Utah 1994)
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17-50-308, (Renumbered from 17-5-234, as renumbered and amended by Chapter 147,
94
Laws of Utah 1994)
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17-50-309, (Renumbered from 17-5-235, as renumbered and amended by Chapter 147,
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Laws of Utah 1994)
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17-50-310, (Renumbered from 17-5-236, as renumbered and amended by Chapter 147,
98
Laws of Utah 1994)
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17-50-311, (Renumbered from 17-5-237, as last amended by Chapter 365, Laws of Utah
100
1999)
101
17-50-312, (Renumbered from 17-5-239, as last amended by Chapter 365, Laws of Utah
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1999)
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17-50-313, (Renumbered from 17-5-242, as renumbered and amended by Chapter 147,
104
Laws of Utah 1994)
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17-50-314, (Renumbered from 17-5-243, as renumbered and amended by Chapter 147,
106
Laws of Utah 1994)
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17-50-315, (Renumbered from 17-5-245, as renumbered and amended by Chapter 147,
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Laws of Utah 1994)
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17-50-316, (Renumbered from 17-5-256, as renumbered and amended by Chapter 147,
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Laws of Utah 1994)
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17-50-317, (Renumbered from 17-5-264, as renumbered and amended by Chapter 147,
112
Laws of Utah 1994)
113
17-50-318, (Renumbered from 17-5-265, as renumbered and amended by Chapters 12 and
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147, Laws of Utah 1994)
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17-50-319, (Renumbered from 17-5-271, as renumbered and amended by Chapter 147,
116
Laws of Utah 1994)
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17-50-320, (Renumbered from 17-5-275, as renumbered and amended by Chapter 147,
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Laws of Utah 1994)
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17-50-321, (Renumbered from 17-15-17, as last amended by Chapter 38, Laws of Utah
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1993)
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17-50-322, (Renumbered from 17-15-21, as enacted by Chapter 36, Laws of Utah 1977)
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17-50-402, (Renumbered from 17-15-10, as last amended by Chapter 227, Laws of Utah
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1993)
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17-50-403, (Renumbered from 17-15-11, Utah Code Annotated 1953)
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17-50-404, (Renumbered from 17-15-12, Utah Code Annotated 1953)
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17-50-405, (Renumbered from 17-15-13, as last amended by Chapter 227, Laws of Utah
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1993)
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17-50-406, (Renumbered from 17-15-14, as last amended by Chapter 146, Laws of Utah
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1994)
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17-50-407, (Renumbered from 17-15-15, Utah Code Annotated 1953)
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17-52-101, (Renumbered from 17-35a-102, as enacted by Chapter 369, Laws of Utah
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1998)
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17-52-201, (Renumbered from 17-35a-201, as enacted by Chapter 369, Laws of Utah
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1998)
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17-52-202, (Renumbered from 17-35a-202, as enacted by Chapter 369, Laws of Utah
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1998)
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17-52-203, (Renumbered from 17-35a-203, as last amended by Chapter 265, Laws of Utah
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1999)
139
17-52-204, (Renumbered from 17-35a-203.5, as enacted by Chapter 265, Laws of Utah
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1999)
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17-52-205, (Renumbered from 17-35a-203.7, as enacted by Chapter 265, Laws of Utah
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1999)
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17-52-206, (Renumbered from 17-35a-204, as last amended by Chapter 265, Laws of Utah
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1999)
145
17-52-301, (Renumbered from 17-35a-301, as enacted by Chapter 369, Laws of Utah
146
1998)
147
17-52-302, (Renumbered from 17-35a-302, as enacted by Chapter 369, Laws of Utah
148
1998)
149
17-52-303, (Renumbered from 17-35a-303, as enacted by Chapter 369, Laws of Utah
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1998)
151
17-52-401, (Renumbered from 17-35a-401, as enacted by Chapter 369, Laws of Utah
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1998)
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17-52-402, (Renumbered from 17-35a-402, as enacted by Chapter 369, Laws of Utah
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1998)
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17-52-403, (Renumbered from 17-35a-403, as enacted by Chapter 369, Laws of Utah
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1998)
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17-52-404, (Renumbered from 17-35a-404, as enacted by Chapter 369, Laws of Utah
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1998)
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17-52-501, (Renumbered from 17-5-101, as renumbered and amended by Chapter 147,
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Laws of Utah 1994)
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17-52-503, (Renumbered from 17-35a-501, as enacted by Chapter 369, Laws of Utah
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1998)
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17-52-504, (Renumbered from 17-35a-502, as last amended by Chapter 21, Laws of Utah
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1999)
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17-52-505, (Renumbered from 17-35a-503, as last amended by Chapter 21, Laws of Utah
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1999)
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17-52-506, (Renumbered from 17-35a-504, as enacted by Chapter 369, Laws of Utah
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1998)
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17-53-101, (Renumbered from 17-16-2, as last amended by Chapter 38, Laws of Utah
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1993)
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17-53-104, (Renumbered from 17-5-206, as last amended by Chapter 265, Laws of Utah
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1999)
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17-53-105, (Renumbered from 17-5-216, as last amended by Chapter 139, Laws of Utah
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1997)
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17-53-202, (Renumbered from 17-5-102, as renumbered and amended by Chapter 147,
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Laws of Utah 1994)
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17-53-203, (Renumbered from 17-5-201, as renumbered and amended by Chapters 146
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and 147, Laws of Utah 1994)
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17-53-204, (Renumbered from 17-5-202, as renumbered and amended by Chapters 146
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and 147, Laws of Utah 1994)
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17-53-205, (Renumbered from 17-5-203, as renumbered and amended by Chapter 147,
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Laws of Utah 1994)
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17-53-206, (Renumbered from 17-5-204, as renumbered and amended by Chapter 147,
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Laws of Utah 1994)
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17-53-207, (Renumbered from 17-5-205, as renumbered and amended by Chapters 146
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and 147, Laws of Utah 1994)
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17-53-208, (Renumbered from 17-15-1, as last amended by Chapter 244, Laws of Utah
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1999)
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17-53-209, (Renumbered from 17-5-210, as renumbered and amended by Chapter 147,
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Laws of Utah 1994)
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17-53-210, (Renumbered from 17-5-211, as renumbered and amended by Chapter 147,
192
Laws of Utah 1994)
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17-53-211, (Renumbered from 17-5-213, as renumbered and amended by Chapter 147,
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Laws of Utah 1994)
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17-53-213, (Renumbered from 17-5-215, as renumbered and amended by Chapter 147,
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Laws of Utah 1994)
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17-53-214, (Renumbered from 17-5-217, as renumbered and amended by Chapter 147,
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Laws of Utah 1994)
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17-53-215, (Renumbered from 17-5-220, as renumbered and amended by Chapter 147,
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Laws of Utah 1994)
201
17-53-216, (Renumbered from 17-5-221, as renumbered and amended by Chapter 147,
202
Laws of Utah 1994)
203
17-53-217, (Renumbered from 17-5-222, as renumbered and amended by Chapter 147,
204
Laws of Utah 1994)
205
17-53-218, (Renumbered from 17-5-228, as renumbered and amended by Chapter 147,
206
Laws of Utah 1994)
207
17-53-219, (Renumbered from 17-5-246, as renumbered and amended by Chapter 147,
208
Laws of Utah 1994)
209
17-53-220, (Renumbered from 17-5-247, as renumbered and amended by Chapter 147,
210
Laws of Utah 1994)
211
17-53-221, (Renumbered from 17-5-248, as renumbered and amended by Chapter 147,
212
Laws of Utah 1994)
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17-53-222, (Renumbered from 17-5-255, as renumbered and amended by Chapter 147,
214
Laws of Utah 1994)
215
17-53-223, (Renumbered from 17-5-258, as renumbered and amended by Chapter 147,
216
Laws of Utah 1994)
217
17-53-224, (Renumbered from 17-5-263, as renumbered and amended by Chapters 146
218
and 147, Laws of Utah 1994)
219
17-53-225, (Renumbered from 17-5-272, as renumbered and amended by Chapter 147,
220
Laws of Utah 1994)
221
17-53-226, (Renumbered from 17-5-273, as last amended by Chapter 123, Laws of Utah
222
1997)
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17-53-227, (Renumbered from 17-15-2, as last amended by Chapter 146, Laws of Utah
224
1994)
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17-53-305, (Renumbered from 17-5-218, as renumbered and amended by Chapter 147,
226
Laws of Utah 1994)
227
17-53-307, (Renumbered from 17-5-259, as renumbered and amended by Chapters 146
228
and 147, Laws of Utah 1994)
229
17-53-308, (Renumbered from 17-15-3, as last amended by Chapter 365, Laws of Utah
230
1999)
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17-53-309, (Renumbered from 17-15-4, as last amended by Chapter 265, Laws of Utah
232
1995)
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17-53-310, (Renumbered from 17-15-5, as last amended by Chapter 265, Laws of Utah
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1995)
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17-53-311, (Renumbered from 17-5-274, as last amended by Chapter 13, Laws of Utah
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1998)
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21-2-8, (Renumbered from 17-5-214, as last amended by Chapter 375, Laws of Utah 1997)
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REPEALS:
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17-1-1, Utah Code Annotated 1953
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17-1-33, as last amended by Chapter 227, Laws of Utah 1993
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17-4-1, Utah Code Annotated 1953
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17-4-12, as enacted by Chapter 69, Laws of Utah 1977
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17-4-13, as enacted by Chapter 69, Laws of Utah 1977
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17-5-103, as renumbered and amended by Chapter 147, Laws of Utah 1994
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17-5-104, as renumbered and amended by Chapter 147, Laws of Utah 1994
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17-5-207, as renumbered and amended by Chapter 147, Laws of Utah 1994
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17-5-223, as renumbered and amended by Chapter 147, Laws of Utah 1994
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17-5-224, as renumbered and amended by Chapter 147, Laws of Utah 1994
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17-5-225, as last amended by Chapter 182, Laws of Utah 1998
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17-5-226, as renumbered and amended by Chapter 147, Laws of Utah 1994
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17-5-227, as renumbered and amended by Chapter 147, Laws of Utah 1994
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17-5-230, as renumbered and amended by Chapter 147, Laws of Utah 1994
253
17-5-231, as renumbered and amended by Chapter 147, Laws of Utah 1994
254
17-5-238, as renumbered and amended by Chapter 147, Laws of Utah 1994
255
17-5-240, as renumbered and amended by Chapter 147, Laws of Utah 1994
256
17-5-241, as renumbered and amended by Chapter 147, Laws of Utah 1994
257
17-5-244, as renumbered and amended by Chapter 147, Laws of Utah 1994
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17-5-249, as renumbered and amended by Chapter 147, Laws of Utah 1994
259
17-5-250, as renumbered and amended by Chapter 147, Laws of Utah 1994
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17-5-251, as renumbered and amended by Chapter 147, Laws of Utah 1994
261
17-5-252, as renumbered and amended by Chapter 147, Laws of Utah 1994
262
17-5-253, as renumbered and amended by Chapter 147, Laws of Utah 1994
263
17-5-254, as renumbered and amended by Chapter 147, Laws of Utah 1994
264
17-5-257, as renumbered and amended by Chapter 147, Laws of Utah 1994
265
17-5-260, as renumbered and amended by Chapter 147, Laws of Utah 1994
266
17-5-261, as renumbered and amended by Chapter 147, Laws of Utah 1994
267
17-5-262, as renumbered and amended by Chapter 147, Laws of Utah 1994
268
17-5-266, as renumbered and amended by Chapter 147, Laws of Utah 1994
269
17-5-267, as renumbered and amended by Chapter 147, Laws of Utah 1994
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17-5-268, as renumbered and amended by Chapter 147, Laws of Utah 1994
271
17-5-269, as renumbered and amended by Chapter 147, Laws of Utah 1994
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17-5-270, as renumbered and amended by Chapter 147, Laws of Utah 1994
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17-35a-101, as enacted by Chapter 369, Laws of Utah 1998
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17-35a-103, as enacted by Chapter 369, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
17-20-1.5
, which is renumbered from Section 17-5-208 is renumbered
277
and amended to read:
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[17-5-208]. 17-20-1.5. County clerk is clerk of county legislative body.
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The county clerk is the clerk of the county legislative body. [The records and minutes of
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the county legislative body must be signed by the chairman and the clerk.]
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Section 2.
Section
17-20-1.7
, which is renumbered from Section 17-5-209 is renumbered
282
and amended to read:
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[17-5-209]. 17-20-1.7. Clerk's duties.
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The clerk [of the board must] shall:
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(1) [Record] record all [its] proceedings[.] of the county legislative body;
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(2) [Make] make full entries of all [its] resolutions and decisions of the county legislative
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body on all questions concerning the raising of money for, and the allowance of accounts against,
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the county[.];
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(3) [Record] record the vote of each member on any question upon which there is a
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division[.];
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(4) [Immediately] immediately after the adjournment of each meeting of the [board] county
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legislative body, prepare and certify duplicate lists of all claims passed upon [by the board],
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showing the amount and date of each claim or order and the date of the allowance or rejection
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[thereof] of the claim, which lists shall be countersigned by the [chairman] chair of the [board]
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county legislative body; [and thereafter the clerk shall]
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(5) deliver to and leave with the county auditor one of [said] the lists referred to in
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Subsection (4) and [shall] deliver to and leave with the county treasurer the other list[.];
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[(5) File] (6) file and preserve the reports of the county officers to the [board.] county
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legislative body;
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[(6) Preserve] (7) preserve and file all accounts acted upon by the [board] county
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legislative body, except such as are necessarily kept by the auditor[.];
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[(7) Preserve] (8) preserve and file all petitions and applications for franchises, and record
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the action of the [board thereon.] county legislative body on them;
304
[(8) Authenticate] (9) authenticate with [his] the clerk's signature and the seal of the
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county [clerk] the proceedings of the [board whenever] county legislative body if the [same shall
306
be] proceedings are ordered published[.];
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[(9) Authenticate] (10) authenticate with [his] the clerk's signature and the seal of the
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county [clerk] all ordinances or laws passed by the [board] county legislative body, and record [the
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same] them at length in the ordinance book[.];
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[(10) Record] (11) record all orders levying taxes[.];
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(12) keep all county books, records, and accounts at the clerk's office and keep them open
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at all times during regular business hours for public inspection; and
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[(11) Perform] (13) perform all other duties required by law or by any rule or order of the
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[board] county legislative body.
315
Section 3.
Section
17-36-46
, which is renumbered from Section 17-4-6 is renumbered and
316
amended to read:
317
[17-4-6]. 17-36-46. Reserve fund for capital improvements -- Creation -- Purpose
318
-- Limitation.
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(1) The [governing] legislative body of any county may establish and maintain, by
320
ordinance, a cumulative reserve fund to be accumulated by levy for the purpose of financing the
321
purchase of real property and the cost of planning, constructing or rehabilitating public buildings
322
or other public works and capital improvements.
323
(2) (a) Before [such] a reserve fund under Subsection (1) may be established, the county
324
legislative body shall designate by ordinance the specific purpose for which the fund is established
325
[shall be determined by the governing body of such county by ordinance and].
326
(b) Except as provided in Section
17-36-50
, all funds in a reserve fund under Subsection
327
(1) shall be expended for the designated purposes[, except, as provided in Section
17-4-11
].
328
Section 4.
Section
17-36-47
, which is renumbered from Section 17-4-7 is renumbered and
329
amended to read:
330
[17-4-7]. 17-36-47. Reserve fund for capital improvements -- Estimate of amount
331
required -- Tax levy -- Accumulation from year to year -- Restriction on use.
332
(1) The [governing] legislative body of [each such] a county that has established a reserve
333
fund under Section
17-36-46
may:
334
(a) include in the annual budget or estimate of amounts required to meet the public
335
expenses of such subdivision for the ensuing year such sum as it [may deem] considers necessary
336
for the uses and purposes of the fund[. Such sum may be included]; and
337
(b) include those amounts in the annual tax levy of the political subdivision.
338
(2) The moneys in [said] the fund shall be allowed to accumulate from year to year until
339
the governing body of the political subdivision [shall determine] determines to spend any money
340
in the fund for the purpose specified. [Any moneys]
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(3) Money in [said] the fund at the end of [the] a fiscal year shall remain intact as surplus
342
available for future use, and [shall] may not be transferred to any other fund or used for any other
343
purpose.
344
(4) This section does not apply if the reserve fund equals or exceeds .6% of the taxable
345
value of the county.
346
Section 5.
Section
17-36-48
, which is renumbered from Section 17-4-9 is renumbered and
347
amended to read:
348
[17-4-9]. 17-36-48. Reserve fund for capital improvements -- Transfer to fund
349
of unencumbered surplus funds of political subdivisions -- When tax levy not required.
350
At any time after the creation of [such] a reserve fund under Section
17-36-46
, the
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[governing] county legislative body may transfer to the fund any unencumbered surplus county
352
funds remaining [on hand in the political subdivisions] at the end of [any] a fiscal year. [In all
353
cases when the reserve is equivalent to .6% of the taxable value of the county, the provisions of
354
Section
17-4-7
do not apply.]
355
Section 6.
Section
17-36-49
, which is renumbered from Section 17-4-10 is renumbered
356
and amended to read:
357
[17-4-10]. 17-36-49. Reserve fund for capital improvements -- Investment --
358
Interest and income from investments part of fund.
359
(1) All moneys belonging to [the] a reserve fund created [by this act] under Section
360
17-36-46
shall be invested in such securities as are legal for other funds of the political
361
subdivisions.
362
(2) The interest and income from the investments shall be a part of the fund.
363
Section 7.
Section
17-36-50
, which is renumbered from Section 17-4-11 is renumbered
364
and amended to read:
365
[17-4-11]. 17-36-50. Reserve fund for capital improvements -- Use for projects
366
other than originally specified -- Special election.
367
(1) The [governing] legislative body of any county may submit the proposition of using
368
[such reserve] funds in a reserve fund established under Section
17-36-46
for projects other than
369
originally specified to the electors of such political subdivisions or taxing bodies at a special
370
election, provided, such projects are for the purposes set forth in Section [
17-4-6
]
17-36-46
. [When
371
such]
372
(2) If a proposition under Subsection (1) is proposed, the [governing] county legislative
373
body [of such county] shall fix a time and place for a special election on the proposition [which
374
shall], to be held as provided by law.
375
Section 8.
Section
17-36-51
, which is renumbered from Section 17-4-14 is renumbered
376
and amended to read:
377
[17-4-14]. 17-36-51. Establishment of tax stability and trust funds -- Increase in
378
tax levy.
379
(1) (a) Notwithstanding anything to the contrary contained in [this chapter or elsewhere
380
in the statutes of this state] statute, the [governing] legislative body of any county may by
381
ordinance establish and maintain a tax stability and trust fund [by adopting an ordinance to that
382
effect], for the purpose of preserving funds during years with favorable tax revenues for use during
383
years with less favorable tax revenues. [The]
384
(b) Each fund under Subsection (1)(a) shall be subject to all of the limitations and
385
restrictions imposed by this section and Sections [
17-4-12
through
17-4-16
and the]
17-36-52
and
386
17-36-53.
387
(c) The principal of the fund shall [comprise] consist of all sums transferred to it in
388
accordance with Subsection (2) and interest or other income retained in the fund under Subsection
389
[
17-4-15
]
17-36-52
(2).
390
(2) After [the establishment of] establishing a tax stability and trust fund [by a county] as
391
provided in Subsection (1), the [governing] legislative body, in establishing the levy for the
392
property tax levied by the county under Section
59-2-908
, may establish the levy at a level not to
393
exceed [a] .0001 per dollar of taxable value of taxable property increase per year [which] that will
394
permit the county to receive during that fiscal year sums in excess of what may be required to
395
provide for the purposes of the county. Any excess sums so received are to be transferred from
396
the General Fund of the county into the tax stability and trust fund.
397
Section 9.
Section
17-36-52
, which is renumbered from Section 17-4-15 is renumbered
398
and amended to read:
399
[17-4-15]. 17-36-52. Deposit or investment of funds -- Use of interest or other
400
income.
401
(1) All amounts in the tax stability and trust fund [of any] established by a county under
402
Section
17-36-51
may be deposited or invested as provided in Section
51-7-11
. These amounts
403
may also be transferred by the county treasurer to the state treasurer under Section
51-7-5
for [his]
404
the treasurer's management and control under [the] Title 51, Chapter 7, State Money Management
405
Act [of 1974].
406
(2) The interest or other income realized from amounts in the tax stability and trust fund
407
shall be returned to the general fund of the county during the fiscal year in which the income or
408
interest is paid to the extent the interest or income is required by the county to provide for its
409
purposes during that fiscal year. Any amounts so returned may be used for all purposes as other
410
amounts in such general fund. Any interest or income not so returned to the county's general fund
411
shall be added to the principal of that county's tax stability and trust fund.
412
Section 10.
Section
17-36-53
, which is renumbered from Section 17-4-16 is renumbered
413
and amended to read:
414
[17-4-16]. 17-36-53. Amount in trust fund limited -- Disposition of excess.
415
(1) The total amount in [the] a county's tax stability and trust fund [of any county]
416
established under Section
17-36-51
shall be limited to the percentage of the total taxable value of
417
property in that county not to exceed the limits provided in the following schedule:
418
Total Taxable Value Fund Limits but not to
419
Percentage of exceed:
420
Taxable Value
421
Less than $500,000,000 1.6% $5,000,000
422
From 500,000,000
423
to 1,500,000,000 1.0% 7,500,000
424
Over 1,500,000,000 .5% 15,000,000
425
(2) If any excess occurs in the tax stability and trust fund over the percentage or maximum
426
dollar amounts specified in Subsection (1), this excess shall be transferred to the general fund of
427
the county and may be used for all purposes as other amounts in the general fund are used.
428
(3) If any excess in the fund exists because of a decrease in total taxable value, that excess
429
may remain in the fund, but if the excess amount in the fund is decreased below the limitations of
430
the fund for any reason, the fund limitations established under Subsection (1) apply.
431
Section 11.
Section
17-36-54
, which is renumbered from Section 17-4-17 is renumbered
432
and amended to read:
433
[17-4-17]. 17-36-54. Use of principal of fund -- Determination of necessity --
434
Election.
435
If the [governing] legislative body of [any] a county [shall determine] that has established
436
a tax stability and trust fund under Section
17-36-51
determines that it is necessary for purposes
437
of that county to use any portion of the principal of the [tax stability and trust] fund [that the
438
county had established], the [governing] county legislative body shall submit this proposition to
439
the electorate of that county in a special election called and held in the manner provided for in [the]
440
Title 11, Chapter 14, Utah Municipal Bond Act [(Title 11, Chapter 14)], for the holding of bond
441
elections. If the proposition is approved at this special election by a majority of the qualified
442
electors of the county voting at the election, then that portion of the principal of the fund covered
443
by the proposition may be transferred to the county's general fund for use for purposes of that
444
county.
445
Section 12.
Section
17-50-101
is enacted to read:
446
CHAPTER 50. GENERAL PROVISIONS
447
Part 1. General Provisions
448
17-50-101. Definitions.
449
As used in this title:
450
(1) "County" means a unit of local government that is a body corporate and politic and a
451
legal subdivision of the state, with geographic boundaries as provided in Part 2, Boundaries, and
452
powers as provided in Part 3, County Powers.
453
(2) "Executive," when used to describe the powers, duties, or functions of a person or body
454
elected or appointed as the county executive, manager, or administrative officer, refers to:
455
(a) the power and duty to carry laws and ordinances into effect and secure their due
456
observance; and
457
(b) those powers, duties, and functions that have, through long usage and accepted practice
458
and custom at the federal and state level, come to be regarded as belonging to the executive branch
459
of government.
460
(3) "Legislative," when used to describe the powers, duties, or functions of a county
461
commission or council, refers to:
462
(a) the power and duty to enact ordinances; and
463
(b) those powers, duties, and functions that have, through long usage and accepted practice
464
and custom at the federal and state level, come to be regarded as belonging to the legislative branch
465
of government.
466
Section 13.
Section
17-50-102
, which is renumbered from Section 17-4-5 is renumbered
467
and amended to read:
468
[17-4-5]. 17-50-102. Unlawful liabilities void.
469
[All contracts, authorizations, allowances, payments] Each contract, authorization,
470
allowance, payment, and purported [liabilities] liability to pay made or attempted to be made in
471
violation of this title shall be absolutely void and shall never be the foundation or basis of a claim
472
against the county. [And all officers of a county are charged with notice of the condition of its
473
treasury and the extent of the claims against the same.]
474
Section 14.
Section
17-50-201
is enacted to read:
475
Part 2. Boundaries
476
17-50-201. Definitions.
477
As used in this part:
478
(1) "Range" refers to the Salt Lake meridian and base line of the United States survey,
479
unless the context plainly indicates otherwise.
480
(2) "Section" refers to the Salt Lake meridian and base line of the United States survey,
481
unless the context plainly indicates otherwise.
482
(3) "Township" refers to the Salt Lake meridian and base line of the United States survey.
483
Section 15.
Section
17-50-202
, which is renumbered from Section 17-1-2 is renumbered
484
and amended to read:
485
[17-1-2]. 17-50-202. True courses employed.
486
In the description of courses in this part, the words "north," "south," "east" and "west" shall
487
be [construed] considered to mean true courses.
488
Section 16.
Section
17-50-203
, which is renumbered from Section 17-1-3 is renumbered
489
and amended to read:
490
[17-1-3]. 17-50-203. Existing counties.
491
The [several] counties [as they are in this chapter named and] whose geographic boundaries
492
are described in this part are the counties of the state until [otherwise] changed by law.
493
Section 17.
Section
17-50-204
is enacted to read:
494
17-50-204. Disputed boundaries.
495
(1) If a dispute or uncertainty arises as to the true location of a county boundary described
496
in this part, the surveyors of each county whose boundary is the subject of the dispute or
497
uncertainty may determine the true location.
498
(2) (a) If the county surveyors fail to agree on or otherwise fail to establish the true
499
location of the county boundary, the county executive of either or both of the affected counties
500
shall engage the services of the state engineer.
501
(b) After being engaged under Subsection (2)(a), the state engineer shall notify the
502
surveyor of each county whose boundary is the subject of the dispute or uncertainty of the
503
procedure the state engineer will use to determine the true location of the boundary.
504
(c) With the assistance of each surveyor who chooses to participate, the state engineer shall
505
determine permanently the true location of the boundary by marking surveys and erecting suitable
506
monuments to designate the boundary.
507
(d) Each boundary established under this Subsection (2) shall be considered permanent
508
until superseded by legislative enactment.
509
(3) Nothing in this section may be construed to give the county surveyors or state engineer
510
any authority other than to erect suitable monuments to designate county boundaries as they are
511
described in this part.
512
Section 18.
Section
17-50-205
, which is renumbered from Section 17-1-4 is renumbered
513
and amended to read:
514
[17-1-4]. 17-50-205. Beaver County -- Description.
515
The geographic boundaries of Beaver County are described as follows: Beginning at a point
516
on the summit of the range separating the Beaver and Pavant Valleys from Sevier Valley east of
517
a point two miles south of the south side of Fort Wilden on Cove Creek, thence west to the state
518
boundary; thence south to the line separating townships 30 and 31 south; thence east to the summit
519
of said range; thence northerly along said summit to the point of beginning.
520
Section 19.
Section
17-50-206
, which is renumbered from Section 17-1-5 is renumbered
521
and amended to read:
522
[17-1-5]. 17-50-206. Box Elder County -- Description.
523
The geographic boundaries of Box Elder County are described as follows: Beginning at the
524
intersection of the northern boundary of the state and the summit of the range next east of Malad
525
Valley, thence west to the northwest corner of the state; thence south to the forty-first parallel of
526
north latitude; thence east to the western shore of Great Salt Lake; thence northeasterly along, and
527
to the middle point of, a straight line drawn between said point on the lake and a point on the east
528
shore thereof due west of the middle of the channel of the Weber River at a point north of the
529
northwest corner of Kingston's Fort; thence northeasterly along a straight line drawn from said
530
middle point of said line to a point on the west line of range 3 west, due west from the Hot Springs
531
situated at the point of the mountain north of Ogden; thence east to said springs; thence
532
northeasterly along the summit of the spur range terminating at said springs to, and thence along,
533
the summit of the Wasatch Mountains, passing around the headwaters of Box Elder and Willow
534
creeks, and crossing the Bear River at the middle point of its lower canyon, to, and thence
535
northerly along, the summit of the range of mountains next east of Malad Valley to the point of
536
beginning.
537
Section 20.
Section
17-50-207
, which is renumbered from Section 17-1-6 is renumbered
538
and amended to read:
539
[17-1-6]. 17-50-207. Cache County -- Description.
540
The geographic boundaries of Cache County are described as follows: Beginning at the
541
intersection of the northern boundary of the state and the summit of the watershed separating the
542
Cache and Bear Lake Valleys, thence west along the said boundary to the summit of the range next
543
east of Malad Valley; thence southerly along the summit of the last mentioned range crossing the
544
Bear River at the middle point of its lower canyon to, and thence along, the summit of the Wasatch
545
Range, passing round the headwaters of Box Elder and Willow Creeks; and thence easterly along
546
the summit of said range to its intersection with, and thence northerly along, the summit of the
547
watershed between the Cache and Bear Lake Valleys to the point of beginning.
548
Section 21.
Section
17-50-208
, which is renumbered from Section 17-1-7 is renumbered
549
and amended to read:
550
[17-1-7]. 17-50-208. Carbon County -- Description.
551
The geographic boundaries of Carbon County are described as follows: Beginning at the
552
middle of the channel of the Green River where intersected by the line dividing townships 11 and
553
12 south, thence west along said line to the section line running north and south through the middle
554
of range 6 east; thence south to the summit of the watershed next east of Huntington Creek; thence
555
southeasterly along said summit to the third standard parallel south; thence east to the middle of
556
the main channel of the Green River; thence northerly up said channel to the point of beginning.
557
Section 22.
Section
17-50-209
, which is renumbered from Section 17-1-8 is renumbered
558
and amended to read:
559
[17-1-8]. 17-50-209. Daggett County -- Description.
560
The geographic boundaries of Daggett County are described as follows: Beginning at the
561
point of intersection of the boundaries of Utah, Wyoming, and Colorado, thence west along the
562
Utah state line to a point which would intersect a line running south through the center of section
563
fifteen (15), township 3 north, range 17 east of the Salt Lake base and meridian; thence south
564
through the center of sections fifteen (15), twenty-two (22), twenty-seven (27) and thirty-four (34),
565
of township 3 north of range 17 east; thence south through the center of sections three (3), ten (10),
566
fifteen (15), twenty-two (22), twenty-seven (27), and thirty-four (34), township 2 north of range
567
17 east of the Salt Lake base and meridian; thence south through the center of sections three (3),
568
ten (10), fifteen (15), and twenty-two (22), of township 1 north of range 17 east of Salt Lake base
569
and meridian to the intersection of the easterly and westerly line of the summit of the Uintah
570
Mountains; thence easterly along the summit of said Uintah Mountains and following the water
571
parting line dividing the watershed of streams flowing generally northerly from those flowing
572
generally southerly to the monument at the top of Mt. Lena; thence easterly to the west quarter (W
573
1/4) corner section twenty-five (25), township one (1) north, range twenty-two (22) east; thence
574
north along the west boundary line of sections twenty-five (25), twenty-four (24), thirteen (13),
575
twelve (12) and one (1), township one (1) north, range twenty-two (22) east to the northwest corner
576
of section one (1), township one (1) north, range twenty-two (22) east; thence east along the south
577
boundary lines of township 2 north, ranges twenty-two (22), twenty-three (23) and twenty-four (24)
578
east to the northwest corner of section three (3), township one (1) north of range twenty-four (24)
579
east; thence south along the west boundary lines of sections three (3), ten (10), fifteen (15),
580
twenty-two (22) and twenty-seven (27) all in township one (1) north of range twenty-four (24) east;
581
thence east along the south boundary lines of sections twenty-seven (27), and twenty-six (26) to
582
the northwest corner of section thirty-six (36), all in township one (1) north of range twenty-four
583
(24) east; thence south along the west line of said section thirty-six (36), to the southwest corner
584
of said section; thence east to the northwest corner of township one (1) south of range twenty-five
585
(25) east; thence south along the west boundary line of township one (1) south of range twenty-five
586
(25) east to the southwest corner of said township; thence east along the south boundary lines of
587
sections thirty-one (31) and thirty-two (32), township one (1) south of range twenty-five (25) east
588
to the northwest corner of section four (4), township two (2) south of range twenty-five (25) east;
589
thence south along the west boundary lines of sections four (4) and nine (9), to the west quarter
590
corner of section nine (9), township two (2) south of range twenty-five (25) east; thence east along
591
the center lines of sections nine (9), ten (10), eleven (11), and twelve (12) township two (2) south
592
of range twenty-five (25) east to the Colorado state line; thence north along the Colorado state line
593
to the point of beginning.
594
Section 23.
Section
17-50-210
, which is renumbered from Section 17-1-9 is renumbered
595
and amended to read:
596
[17-1-9]. 17-50-210. Davis County -- Description.
597
The geographic boundaries of Davis County are described as follows: Beginning at a point
598
in the middle of the channel of the Weber River where crossed by the summit line of the Wasatch
599
Range, thence westerly down the middle of said channel to a point north of the northwest corner
600
of Kingston's Fort; thence west to the east shore of Great Salt Lake; thence southwesterly along
601
and to the middle point of a straight line running between said point on the east shore and a point
602
on the west shore of said lake at latitude 41 degrees north; thence southeasterly along a straight line
603
running between Black Rock on the southern shore of said lake and said middle point of said line
604
to the base line of the United States survey; thence northeasterly and equidistant between Antelope
605
Island and the south shore of said lake to a point west of the mouth of the Jordan River on the west
606
line of range 1 west; thence east to the mouth of the Jordan River; thence southeasterly up the
607
middle of the channel of the Jordan River to a point west of a point 136 rods north of hot spring
608
in the northern part of Salt Lake City; thence east to the summit of the spur range terminating at
609
said hot spring; thence northeasterly along said last mentioned summit to its intersection with, and
610
thence northerly along, the summit of the Wasatch Range to the point of beginning.
611
Section 24.
Section
17-50-211
, which is renumbered from Section 17-1-10 is renumbered
612
and amended to read:
613
[17-1-10]. 17-50-211. Duchesne County -- Description.
614
The geographic boundaries of Duchesne County are described as follows: Beginning at a
615
point on the summit of the Uintah mountains two sections and one-fifth mile west of the point
616
where the Uintah special meridian intersects the summit of the Uintah Mountains, thence
617
southwesterly along the summit of the mountains to a point due north of the center line between
618
the east and west range lines of range 9 west of the Uintah special meridian; thence south
619
intersecting and thence following the center line of range 9 west of the Uintah special meridian to
620
a point where it intersects with the second standard parallel south, Salt Lake base and meridian
621
(which point is also an extension east from the Salt Lake base and meridian); thence east to the line
622
between ranges 9 and 10 east of Salt Lake meridian; thence south to the township line between
623
townships 11 and 12 south of the Salt Lake base and meridian; thence east along this township line
624
to a point south of a point located two sections and one-fifth mile west of the Uintah special
625
meridian at the south boundary of the former Uintah Indian Reservation; thence north parallel with
626
the 110 degrees and 00 minutes west longitude to said point; thence northerly, adjacent to and west
627
of the Uintah special meridian a distance of two sections and one-fifth mile to the point of
628
beginning.
629
Section 25.
Section
17-50-212
, which is renumbered from Section 17-1-11 is renumbered
630
and amended to read:
631
[17-1-11]. 17-50-212. Emery County -- Description.
632
The geographic boundaries of Emery County are described as follows: Beginning at the
633
intersection of the third standard parallel south with the middle of the main channel of the Green
634
River, thence west to the summit of the watershed next east of Huntington Creek; thence
635
northwesterly along said summit to the section line running north and south through the middle
636
of range 6 east; thence south to the third standard parallel south; thence west to the line between
637
ranges 5 and 6 east; thence south to parallel 38 degrees 30 minutes north latitude, thence east to
638
the middle of the main channel of the Green River; thence northerly up the middle of said channel
639
to the point of beginning.
640
Section 26.
Section
17-50-213
, which is renumbered from Section 17-1-12 is renumbered
641
and amended to read:
642
[17-1-12]. 17-50-213. Garfield County -- Description.
643
The geographic boundaries of Garfield County are described as follows: Beginning at the
644
intersection of the main channel of the Colorado River with the line between townships 30 and 31
645
south, thence west along said township line to the line between ranges 5 and 6 west; thence south
646
to the line between townships 33 and 34 south; thence west to the line between ranges 6 and 7
647
west; thence south to the line between townships 34 and 35 south; thence west to the line between
648
ranges 7 and 8 west; thence south to the line between townships 37 and 38 south; thence east along
649
said line to the main channel of the Colorado River; thence northeasterly up said channel to the
650
point of beginning.
651
Section 27.
Section
17-50-214
, which is renumbered from Section 17-1-13 is renumbered
652
and amended to read:
653
[17-1-13]. 17-50-214. Grand County -- Description.
654
The geographic boundaries of Grand County are described as follows: Beginning at the
655
intersection of the summit of the Brown Cliffs with the eastern boundary of the state, thence
656
westerly along the summit of said cliffs to the third standard parallel south; thence west to the
657
middle of the main channel of the Green River; thence southerly down the middle of said channel
658
to parallel 38 degrees 30 minutes north latitude; thence east to the state boundary; thence north to
659
the point of beginning.
660
Section 28.
Section
17-50-215
, which is renumbered from Section 17-1-14 is renumbered
661
and amended to read:
662
[17-1-14]. 17-50-215. Iron County -- Description.
663
The geographic boundaries of Iron County are described as follows: Beginning at the
664
northwest corner of township 31 south, range 5 west, thence west to the boundary of the state;
665
thence south to the line between townships 36 and 37 south; thence east to the line between ranges
666
16 and 15 west; thence north to the northwest corner of township 37 south, range 15 west; thence
667
east to the northeast corner of township 37 south, range 15 west; thence south to the southeast
668
corner of township 37 south, range 15 west; thence east to the southeast corner of township 37
669
south, range 13 west; thence south to the northeast corner of section 24, township 38 south, range
670
13 west; thence east on the section lines to the intersection of the range line between ranges 12 and
671
11 west; thence south on that range line to the southwest corner of section 18, township 38 south,
672
range 11 west; thence east on the section lines to the intersection of the range line between ranges
673
11 and 10 west; thence north along the range line to the southwest corner of section 18, township
674
38 south, range 10 west; thence east on the section lines to the intersection of the range line
675
between ranges 11 and 10 west, at the northeast corner of section 24, township 38 south, range 10
676
west; thence north to the line separating townships 37 and 38 south; thence east to the line between
677
ranges 8 and 7 west; thence north to the northwest corner of township 35 south, range 7 west;
678
thence east to the northeast corner of said township 35 south, range 7 west; thence north to the
679
northwest corner of township 34 south, range 6 west; thence east to the northeast corner of
680
township 34 south, range 6 west; thence north to the point of beginning.
681
Section 29.
Section
17-50-216
, which is renumbered from Section 17-1-15 is renumbered
682
and amended to read:
683
[17-1-15]. 17-50-216. Juab County -- Description.
684
The geographic boundaries of Juab County are described as follows: Beginning at the
685
intersection of the second standard parallel south with the divide between Cherry and Faust Creeks,
686
thence west to the boundary of the state; thence south to a point due west of the mouth of the lower
687
canyon of the Sevier River; thence east on township line between townships 14 and 15 south to
688
the middle of the channel of said river; thence northeasterly up the channel of said river to its point
689
of intersection with the summit, if prolonged, of the range separating Oak Creek District from
690
Little Valley; thence southerly along the summit of said last mentioned range to the summit of the
691
high ground and mountains between the Round and Little Valleys; thence east on section line
692
nearest the last mentioned summit to the southeast corner of section 16, township 17 south, range
693
2 west; thence south to the southwest corner of section 22 near the top of the dugway on Sevier
694
Hill; thence east on the section line to the southeast corner of section 24, township 17 south, range
695
2 west; thence north on the range line between ranges 1 west and 2 west to the northwest corner
696
of lot 11 in section 18, township 17 south, range 1 west, Salt Lake base and meridian; thence east
697
on section line to the southwest corner of section 8, township 17 south, range 1 west, Salt Lake
698
base and meridian; thence north on section line to the southwest corner of section 32, township 16
699
south, range 1 west, said section corner being about half a mile northerly of the Upper Bluffs or
700
Painted Rocks on the Sevier River; thence east on the township line to the southwest corner of
701
section 34, township 16 south, range 1 west; thence north on section line to the northwest corner
702
of said section 34; thence east on section line to the southeast corner of section 25, township 16
703
south, range 1 east; thence north on the range line between ranges 1 and 2 east to the northwest
704
corner of township 16 south, range 2 east; thence east on township line between townships 15 and
705
16 south, range 2 east, to the northwest corner of section 4, township 16 south, range 2 east; thence
706
north on section line to the northwest corner of section 16, township 13 south, range 2 east; thence
707
east on section line to the quarter section corner common to sections 10 and 15 of said township
708
and range; thence north on quarter line through section 10 to the quarter corner common to
709
sections 3 and 10; thence east on section line to the southwest corner of section 2; thence north on
710
section line to the quarter corner common to sections 2 and 3; thence east on the quarter section
711
line through said section 2 to the quarter corner common to sections 1 and 2; thence north to the
712
northeast corner of said section 2; thence east on the township line between townships 12 and 13
713
south to the southwest corner of township 12 south, range 3 east; thence north on range line
714
between ranges 2 and 3 east to the northwest corner of section 31, township 12 south, range 3 east;
715
thence east on section line to the southwest corner of section 27; thence north on section line to
716
the southeast corner of section 9; thence west on section line to the southwest corner of section 8;
717
thence north on section line to the northwest corner of section 8; thence west on section line to the
718
southwest corner of section 6; thence north on range line between ranges 2 and 3 east to the
719
northwest corner of township 12 south, range 3 east; thence west on township line between
720
townships 11 and 12 south to the summit of the Nebo Range; thence northerly along the summit
721
of the Nebo Range to the summit of the high ground and range between the Utah and Juab Valleys;
722
thence along the last mentioned summit and the summit between the Goshen and Juab Valleys and
723
the summit between the Tintic Valley and the Cedar and Goshen Valleys and the summit between
724
the Tintic and Rush Valleys to the point of beginning.
725
Section 30.
Section
17-50-217
, which is renumbered from Section 17-1-16 is renumbered
726
and amended to read:
727
[17-1-16]. 17-50-217. Kane County -- Description.
728
The geographic boundaries of Kane County are described as follows: Beginning at the
729
middle of the main channel of the Colorado river where intersected by the line separating
730
townships 37 and 38 south, thence west to the line separating ranges 9 and 10 west; thence south
731
to the boundary of the state; thence east to the middle of the main channel of the Colorado river;
732
thence northeasterly up the middle of said channel to the point of beginning.
733
Section 31.
Section
17-50-218
, which is renumbered from Section 17-1-17 is renumbered
734
and amended to read:
735
[17-1-17]. 17-50-218. Millard County -- Description.
736
The geographic boundaries of Millard County are described as follows: Beginning at the
737
southeast corner of section 24, township 17 south, range 2 west, Salt Lake base and meridian, on
738
range line between ranges 1 and 2 west, thence west to the southwest corner of section 22 near the
739
summit of Sevier Hill; thence north to the southeast corner of section 16; thence west on section
740
line to the summit of the range separating Oak Creek district from the Little Valley; thence
741
northerly following the last mentioned summit to its point of intersection, if prolonged, with the
742
middle of the channel of the Sevier River; thence southwesterly down the middle of said channel
743
to the mouth of the lower Sevier Canyon; thence west on the township line between townships 14
744
and 15 south to the boundary of the state; thence south to a point west of a point two miles south
745
of the south side of Fort Wilden on Cove Creek; thence east to the summit of the range separating
746
the Sevier Valley from the Pavant and Round Valleys; thence to the southwest corner of section
747
31, township 25 south, range 5 west; thence east one-half mile; thence north two miles; thence east
748
one mile; thence north three miles; thence east one-half mile; thence north one mile to the
749
northwest corner, section 4, township 25 south, range 5 west; thence east one-half mile; thence
750
north one mile; thence east one mile; thence north one-half mile; thence east five miles to the
751
center of section 28, township 24 south, range 4-1/2 west; thence south one-half mile; thence east
752
two and one-half miles; thence north one-half mile; thence east one mile; thence north one-fourth
753
of a mile; thence east one-half mile; thence north one mile; thence east one-half mile; thence north
754
one-fourth mile to the northwest corner of section 20, township 24 south, range 4 west; thence east
755
one mile; thence north one-half mile; thence east three-fourths miles; thence north one-half mile;
756
thence east one-fourth of a mile to the southwest corner of section 10, township 24 south, range
757
4 west; thence north one-half mile; thence east one mile; thence north two and one-half miles;
758
thence west one-half mile; thence north five miles to the quarter section corner on the north side
759
of section 3, township 23 south, range 4 west; thence north along section line between sections 31
760
and 32 to the northwest corner of section 32, township 22 south, range 3 west; thence east two
761
miles to the southeast corner section 28, township 22 south, range 3 west; thence north one mile;
762
thence east one mile; thence north two miles; thence east one mile; thence east one mile to the
763
southeast corner of section 36, township 21 south, range 3 west; thence north one and one-half
764
miles more or less to the southwest corner of section 21, township 21 south, range 2-1/2 west;
765
thence east to the quarter section corner on the south side of section 19, township 21 south, range
766
2 west; thence north two miles; thence east one-half mile to the southeast corner of section 7,
767
township 21 south, range 2 west; thence north one-half mile; thence east two miles; thence north
768
to the northwest corner of section 3, township 21 south, range 2 west; thence east to the southeast
769
corner of section 36, township 20 south, range 2 west: thence north on the range line between
770
ranges 1-1/2 and 2 west to the southeast corner of section 24, township 17 south, range 2 west, Salt
771
Lake base and meridian to the point of beginning.
772
Section 32.
Section
17-50-219
, which is renumbered from Section 17-1-18 is renumbered
773
and amended to read:
774
[17-1-18]. 17-50-219. Morgan County -- Description.
775
The geographic boundaries of Morgan County are described as follows: Beginning at the
776
point on the summit of the Wasatch range of mountains nearest to the eastern headwaters of the
777
Ogden river, thence southwesterly along the summit of said range passing south around the
778
headwaters of the Ogden river to the summit of the main Wasatch range southeast of Ogden City;
779
thence southerly along the summit of said range crossing the Weber canyon and river to the
780
summit of the cross range through which the upper canyon of East Canyon creek runs; thence
781
easterly along the summit of said last mentioned range to, and thence northerly along, the summit
782
of the range between East Canyon creek and the Weber river to the Weber river; thence
783
northeasterly across said river and along the summit of the high land between Lost and Echo
784
Canyon creeks to the summit of the Wasatch range separating the valley of the Bear river from the
785
valley of the Weber river; thence northwesterly along the last mentioned summit to the point of
786
beginning.
787
Section 33.
Section
17-50-220
, which is renumbered from Section 17-1-19 is renumbered
788
and amended to read:
789
[17-1-19]. 17-50-220. Piute County -- Description.
790
The geographic boundaries of Piute County are described as follows: Beginning at the
791
northeast corner of the southeast quarter of the southwest quarter of section 35, township 26 south,
792
range 1 east of the Salt Lake meridian; thence westerly along the 40-line parallel to section line to
793
the range line between 2 and 3 west; thence north on range line to the northeast corner of the
794
southeast quarter of the northeast quarter of section 25, township 26 south, range 3 west of the Salt
795
Lake meridian; thence westerly along the 40-line parallel to the section line, to the northwest
796
corner of the southwest quarter of the northwest quarter of section 34, township 26 south, range
797
6 west to the summit of the range separating Beaver and Pavant Valleys from Sevier Valley; thence
798
southerly following said last mentioned summit to the line between townships 30 and 31 south;
799
thence east to the Salt Lake meridian; thence north to the intersection of said meridian with the
800
summit of the range separating Grass and Rabbit Valleys; thence northeasterly along said summit
801
to the point of beginning.
802
Section 34.
Section
17-50-221
, which is renumbered from Section 17-1-20 is renumbered
803
and amended to read:
804
[17-1-20]. 17-50-221. Rich County -- Description.
805
The geographic boundaries of Rich County are described as follows: Beginning at the point
806
of intersection of the boundaries of Utah, Idaho and Wyoming, thence west to the summit of the
807
watershed separating Cache and Bear Lake Valleys; thence southerly along the summit of said
808
watershed to the summit of the Wasatch Range lying north and east of the headwaters of the Ogden
809
River; thence southeasterly along the summit of the last mentioned range to, and thence along the
810
summit of the mountains separating the valley of the Bear River from the valley of the Weber
811
River to a point opposite and nearest to the Union Pacific Railroad, one mile east of Wasatch
812
Station; thence southerly to the north side of said railroad; thence northeasterly along the north side
813
of said railroad to the summit west of the Bear River Valley; thence east to the state boundary;
814
thence north to the point of beginning.
815
Section 35.
Section
17-50-222
, which is renumbered from Section 17-1-21 is renumbered
816
and amended to read:
817
[17-1-21]. 17-50-222. Salt Lake County -- Description.
818
The geographic boundaries of Salt Lake County are described as follows: Beginning at the
819
intersection of the summit of the Wasatch Range with the summit of the spur range terminating
820
at the hot spring in the northern part of Salt Lake City, thence southwesterly along said last
821
mentioned summit to a point east of a point 136 rods north of said hot spring; thence west to the
822
middle of the channel of the Jordan River; thence down the middle of said channel to the mouth
823
of said river; thence west to the west line of range 1 west; thence southwesterly and equidistant
824
between Antelope Island and the south shore of Great Salt Lake to the base line of the United
825
States Survey where intersected by a straight line drawn between Black Rock on the south shore
826
of said lake and the middle point of a line running from the west shore of the said lake at latitude
827
41 degrees north to a point on the east shore of said lake west of the middle channel of the Weber
828
River where said channel lies north of the northwest corner of Kingston's Fort; thence
829
southeasterly through Black Rock to the northern end of, and thence along, the summit of the
830
Oquirrh Range to the summit of the cross range between the Oquirrh and Wasatch Ranges; thence
831
easterly along said last mentioned summit to the summit of the Wasatch Range; thence
832
northwesterly along said last mentioned summit to the point of beginning.
833
Section 36.
Section
17-50-223
, which is renumbered from Section 17-1-22 is renumbered
834
and amended to read:
835
[17-1-22]. 17-50-223. San Juan County -- Description.
836
The geographic boundaries of San Juan County are described as follows: Beginning on the
837
eastern boundary of the state at latitude 38 degrees and 30 minutes north, thence west to the middle
838
of the main channel of the Green River; thence southwesterly down the middle of the channels of
839
the Green and Colorado Rivers to the southern boundary of the state; thence east to the eastern
840
boundary of the state; thence north to the point of beginning.
841
Section 37.
Section
17-50-224
, which is renumbered from Section 17-1-23 is renumbered
842
and amended to read:
843
[17-1-23]. 17-50-224. Sanpete County -- Description.
844
The geographic boundaries of Sanpete County are described as follows: Beginning at the
845
intersection of the line between townships 11 and 12 south and the section line running north and
846
south through the middle of range 6 east, Salt Lake meridian, thence west along the township line
847
between townships 11 and 12 south to the northwest corner of township 12 south, range 3 east;
848
thence south on range line between ranges 2 and 3 east to the southwest corner of section 6,
849
township 12 south, range 3 east; thence east on section line to the northwest corner of section 8;
850
thence south on section line to the southwest corner of section 8; thence east on section line to the
851
southeast corner of section 9; thence south on section line to the southwest corner of section 27;
852
thence west on section line to the northwest corner of section 31; thence south on the range line
853
between ranges 2 and 3 east, to the southwest corner of township 12 south, range 3 east; thence
854
west on township line between townships 12 and 13 south to the northeast corner of section 2,
855
township 13 south, range 2 east; thence south on section line to the quarter corner common to
856
sections 1 and 2; thence west on the quarter section line through said section 2 to quarter corner
857
common to sections 2 and 3; thence south on section line to the southwest corner of section 2;
858
thence west on section line to quarter corner common to sections 3 and 10; thence south on quarter
859
line through section 10 to the quarter corner common to sections 10 and 15; thence west on section
860
line to the northwest corner of section 16; thence south on section line to the northwest corner of
861
section 4, township 16 south, range 2 east; thence west on township line between townships 15 and
862
16 south, range 2 east to the northwest corner of township 16 south, range 2 east; thence south on
863
range line between ranges 1 and 2 east to the southeast corner of section 25, township 16 south,
864
range 1 east; thence west on the section line to the northwest corner of section 34, township 16
865
south, range 1 west; thence south on section lines to the southwest corner of section 34; thence
866
west on the township line to the southwest corner of section 32, township 16 south, range 1 west,
867
said section corner being about half a mile northerly of the Upper Bluffs or Painted Rocks on the
868
Sevier River; thence south on section line to the southwest corner of section 8, township 17 south,
869
range 1 west; thence west on section line to the northwest corner of lot 11 in section 18, township
870
17 south, range 1 west; thence south on the range line between ranges 1 and 2 west and between
871
ranges 1-1/2 west and 2 west to a point west of the point where the road between Gunnison and
872
Salina crosses Willow Creek at the forks of said creek; thence east to the east bank of the Sevier
873
River; thence southerly along the east bank of said river to a point one mile north of the fourth
874
standard parallel south; thence east to the line between ranges 5 and 6 east; thence north to the
875
third standard parallel south; thence east to the line running north and south through the middle
876
of range 6 east; thence north to the point of beginning.
877
Section 38.
Section
17-50-225
, which is renumbered from Section 17-1-24 is renumbered
878
and amended to read:
879
[17-1-24]. 17-50-225. Sevier County -- Description.
880
The geographic boundaries of Sevier County are described as follows: Beginning at a point
881
on the line between the ranges 5 and 6 east one mile north of fourth standard parallel south, thence
882
west to the east bank of the Sevier River; thence northerly along the east bank of said river to a
883
point west of a point where the road between Gunnison and Salina crosses Willow Creek at the
884
forks of said creek; thence west to the range line between ranges 1-1/2 and 2 west, township 20
885
south; thence south to the southeast corner, section 36, township 20 south, range 2 west; thence
886
west to the northwest corner, section 3, township 21 south, range 2 west; thence south to the
887
one-fourth corner on the east side of section 9, township 21 south, range 2 west; thence west two
888
miles; thence south one-half mile; thence west one-half mile; thence south two miles; thence west
889
one-half mile to the southwest corner of section 19, township 21 south, range 2 west; thence west
890
to the southwest corner of section 21, township 21 south, range 2-1/2 west; thence south to the
891
southeast corner of section 36, township 21 south, range 3 west; thence west one mile; thence
892
south two miles; thence west one mile; thence south two miles; thence west one mile; thence south
893
one mile; thence west two miles to the southeast corner of section 30, township 22 south, range
894
3 west; thence south along the section line between sections 31 and 32 to the quarter corner on the
895
north side of section 3, township 23 south, range 4 west; thence south five miles; thence east
896
one-half mile; thence south one mile to the southeast corner of section 34, township 23 south,
897
range 4 west; thence south one and one-half miles; thence west one mile; thence south one-half
898
mile; thence west one-fourth mile; thence south one-half mile; thence west three-fourths mile;
899
thence south one-half mile; thence west one mile; thence south one-fourth mile; thence west
900
one-half mile; thence south one mile; thence west one-half mile; thence south one-fourth mile;
901
thence west one mile; thence south one-half mile to the southeast corner of section 26, township
902
24 south, range 4-1/2 west; thence west two and one-half miles; thence north one-half mile; thence
903
west five miles; thence south one-half mile; thence west one mile; thence south one mile; thence
904
west one-half mile to the southeast corner of section 32, township 24 south, range 5 west; thence
905
one mile south; thence one-half mile west; thence south three miles; thence west one mile; thence
906
south two miles; thence west one-half mile to the southwest corner of section 31, township 25
907
south, range 5 west; thence to the northeast corner of Beaver County at the summit of the range
908
separating Sevier Valley from Round and Pavant Valleys; thence southwesterly along the summit
909
of said range to the northwest corner of the southwest quarter of the northwest quarter of section
910
34, township 26 south, range 6 west; thence easterly along the 40-line parallel to the section line
911
to the range line between 2 and 3 west; thence south on range line to the 40-line running east
912
through the south one-half of section 31, township 26 south, range 2 west of the Salt Lake
913
meridian; thence easterly along said 40-line parallel to the section line to the northeast corner of
914
the southeast quarter of the southwest quarter of section 35, township 26 south, range 1 east, Salt
915
Lake meridian to the summit of the range separating Grass and Rabbit Valleys; thence
916
northeasterly along said summit to a point due east of the point at which the wagon road crosses
917
the summit between Marysvale and Monroe; thence east to the line between ranges 5 and 6 east;
918
thence north to the point of beginning.
919
Section 39.
Section
17-50-226
, which is renumbered from Section 17-1-25 is renumbered
920
and amended to read:
921
[17-1-25]. 17-50-226. Summit County -- Description.
922
The geographic boundaries of Summit County are described as follows: Beginning on the
923
northern boundary of the state at longitude 110 degrees west, thence west to the southwest corner
924
of Wyoming; thence north to a point east of the point where the north side of the Union Pacific
925
Railroad crosses the summit first west of Bear River Valley; thence west to the north side of said
926
railroad; thence southwesterly along the north side of said road to a point one mile east of Wasatch
927
Station; thence northerly to the nearest point of the summit of the range of mountains between
928
Bear River and Weber Valleys; thence southwesterly along said last mentioned summit to its
929
intersection with the summit of the high land between Echo and Lost Creeks; thence southwesterly
930
down said last mentioned summit to and directly across the Weber River; thence southerly along
931
the summit of the range separating East Canyon from Weber Valley to the summit of the cross
932
range through which the upper canyon of East Canyon Creek runs; thence westerly to the summit
933
of the Wasatch Range; thence southeasterly along said summit to the summit of the range next
934
south of the headwaters of Silver and East Canyon Creeks; thence easterly along said last
935
mentioned summit to the point where it is crossed by the road between Rhoads Valley and Salt
936
Lake City; thence southerly to the middle of the channel of the Provo River at the high bluff below
937
Goddard's Ranch; thence easterly along the middle of said channel to the headwaters of the said
938
river farthest east; thence east to the summit of the Uintah Range; thence northeasterly to the one
939
hundred and tenth meridian of west longitude; thence north to the point of beginning.
940
Section 40.
Section
17-50-227
, which is renumbered from Section 17-1-26 is renumbered
941
and amended to read:
942
[17-1-26]. 17-50-227. Tooele County -- Description.
943
The geographic boundaries of Tooele County are described as follows: Beginning at the
944
middle point of a straight line drawn between a point on the west shore of Great Salt Lake at
945
latitude 41 degrees north and a point on the east shore of said lake due west of the middle of the
946
channel of the Weber River and north of the northwest corner of Kingston's Fort, thence
947
southwesterly along said line to the west shore of said lake; thence west to the western boundary
948
of the state; thence south to the second standard parallel south; thence east to the summit of the
949
divide between Cherry and Faust Creeks; thence along the summit of the range next east of the
950
Rush and Tooele Valleys to the northern end of said summit; thence northeasterly on a straight line
951
through Black Rock on the shore of Great Salt Lake to the point of beginning.
952
Section 41.
Section
17-50-228
, which is renumbered from Section 17-1-27 is renumbered
953
and amended to read:
954
[17-1-27]. 17-50-228. Uintah County -- Description.
955
The geographic boundaries of Uintah County are described as follows: Beginning at a point
956
on the summit of the Uintah Mountains two sections and one-fifth mile west of a point where the
957
Uintah special meridian intersects the summit of the Uintah Mountains, thence southerly, adjacent
958
to and west of the Uintah special meridian a distance of two sections and one-fifth mile to the
959
south boundary of the former Uintah Indian Reservation; thence south parallel with the 110
960
degrees and 00 minutes west longitude to the line between townships 11 and 12 south, Salt Lake
961
base and meridian; thence east to the middle of the main channel of the Green River; thence down
962
the channel to the third standard parallel south; thence east to the summit of the Brown Cliffs;
963
thence northeasterly to the state boundary; thence north to the east quarter corner of section twelve
964
(12), township 2 south of range 25 east of Salt Lake base and meridian; thence west along the
965
center lines of sections twelve (12), eleven (11), ten (10), and nine (9), to the west quarter corner
966
of section nine (9), township 2 south of range 25 east; thence north along the west boundary lines
967
of sections nine (9), and four (4) to the northwest corner of section four (4), township 2 south of
968
range 25 east; thence west along the south boundary lines of sections thirty-two (32), and
969
thirty-one (31) township 1 south of range 25 east to the southwest corner of said township; thence
970
north along the west boundary line of said township 1 south of range 25 east to the northwest
971
corner of the township and range; thence west along the south boundary line of township 1 north
972
of range 24 east to the southwest corner of section thirty-six (36), township 1 north of range 24
973
east; thence north along the west boundary line of section thirty-six (36), to the northwest corner
974
of said section thirty-six (36); thence west along the south boundary lines of sections twenty-six
975
(26), and twenty-seven (27), township 1 north of range 24 east to the southwest corner of section
976
twenty-seven (27), or range and township; thence north along the west boundary lines of sections
977
twenty-seven (27), twenty-two (22), fifteen (15), ten (10) and three (3) to the northwest corner of
978
section three (3), township 1 north of range 24 east; thence west along the south boundary lines
979
of townships 2 north of ranges 24, 23 and 22 east to the northwest corner of section one (1),
980
township one (1) north of range twenty-two (22) east; thence south along the west boundary line
981
of sections one (1), twelve (12), thirteen (13), twenty-four (24) and twenty-five (25), township one
982
(1) north of range twenty-two (22) east to the west quarter corner section twenty-five (25),
983
township one (1) north, range twenty-two (22) east; thence westerly to the monument at the top
984
of Mt. Lena, thence in a westerly direction following the water parting line along the summit of
985
the Uintah Mountains to the point of beginning.
986
Section 42.
Section
17-50-229
, which is renumbered from Section 17-1-28 is renumbered
987
and amended to read:
988
[17-1-28]. 17-50-229. Utah County -- Description.
989
The geographic boundaries of Utah County are described as follows: Beginning at the point
990
of intersection of the Wasatch Range with the summit of the range crossing from the Wasatch to
991
the Oquirrh Mountains, thence westerly along said last mentioned summit to the summit of the
992
range between the Cedar and Rush Valleys; thence southerly along said summit to the summit of
993
the range between the Tintic Valley and the Goshen and CedarValleys; thence southerly along said
994
last mentioned summit to, and thence easterly along, the summit between Goshen and Juab Valleys
995
to, and thence northeasterly along, the summit of the high ground and range of mountains between
996
Utah and Juab Valleys to the summit of the Nebo Range; thence southeasterly along said summit
997
to the line between townships 11 and 12 south; thence east to the line between ranges 9 and 10
998
east; thence north to the township line between townships 10 and 11 south; thence west to a point
999
due south of the point where the wagon road from Spanish Fork to White River as it existed in
1000
February, 1880, crossed the summit of the divide south of the Strawberry Valley; thence north to
1001
said last mentioned point of crossing; thence northwesterly along the summit of the range passing
1002
around the headwaters of Spanish Fork and Hobble Creeks to a point south of the point on the
1003
Provo River one-fourth of a mile upstream from the middle of the mouth of the north fork of said
1004
river; thence north to the summit of the range passing around the headwaters of Battle and
1005
American Fork Creeks; thence following said summit to the point of beginning.
1006
Section 43.
Section
17-50-230
, which is renumbered from Section 17-1-29 is renumbered
1007
and amended to read:
1008
[17-1-29]. 17-50-230. Wasatch County -- Description.
1009
The geographic boundaries of Wasatch County are described as follows: Beginning at a
1010
point on the summit of the Uintah Range due north of the center line between the east and west
1011
range line of range 9 west of the Uintah special meridian, thence southwesterly along the summit
1012
of said range to a point east of the headwaters of the Provo River farthest east; thence west to the
1013
said headwaters; thence down the middle of the channel of said river to the high bluff below
1014
Goddard's Ranch; thence northerly to the point where the road between the Rhodes Valley and Salt
1015
Lake City crosses the summit of the range south and east of the headwaters of East Canyon and
1016
Silver Creeks; thence north to said point of crossing; thence southwesterly along said last
1017
mentioned summit to the summit of the Wasatch Range at a point north of a point on the Provo
1018
River one-fourth of a mile upstream from the middle of the mouth of the north fork of said river;
1019
thence south to the summit of the range east of the headwaters of Hobble and Spanish Fork Creeks;
1020
thence southeasterly along said last mentioned summit to the point where the White River and
1021
Spanish Fork Road crossed said summit in February, 1880; thence south to the second standard
1022
parallel south, Salt Lake base and meridian (which point is also an extension east from the Salt
1023
Lake base line of the line between townships 10 and 11 south of Salt Lake meridian); thence east
1024
along this line to its intersection with the center line between the east and west range lines of range
1025
9 west of the Uintah special meridian; thence following the center line of the said range 9 west of
1026
the Uintah special meridian to its northern extremity; thence due north to the point of beginning.
1027
Section 44.
Section
17-50-231
, which is renumbered from Section 17-1-30 is renumbered
1028
and amended to read:
1029
[17-1-30]. 17-50-231. Washington County -- Description.
1030
The geographic boundaries of Washington County are described as follows: Beginning at
1031
the intersection of the line between townships 36 and 37 south and the western boundary of the
1032
state of Utah, thence east to the line between ranges 15 and 16 west; thence north to the northwest
1033
corner of township 37 south, range 15 west; thence east to the northeast corner of township 37
1034
south, range 15 west; thence south to the southeast corner of township 37 south, range 15 west;
1035
thence east to the southeast corner of township 37 south, range 13 west; thence south to the
1036
northeast corner of section 24, township 38 south, range 13 west; thence east on the section line
1037
to the intersection of the range line between ranges 11 and 12 west; thence south on that range line
1038
to the southwest corner of section 18, township 38 south, range 11 west; thence east on the section
1039
line to the intersection of the range line between ranges 10 and 11 west; thence north along the
1040
range line to the southwest corner of section 18, township 38 south, range 10 west; thence east on
1041
the section line to the intersection of the range line between ranges 9 and 10 west at the northeast
1042
corner of section 24, township 38 south, range 10 west; thence south on that range line to the south
1043
boundary line of the state of Utah; thence west along the Utah-Arizona boundary line to the west
1044
boundary line of the state of Utah; thence north along said west boundary line to the point of
1045
beginning.
1046
Section 45.
Section
17-50-232
, which is renumbered from Section 17-1-31 is renumbered
1047
and amended to read:
1048
[17-1-31]. 17-50-232. Wayne County -- Description.
1049
The geographic boundaries of Wayne County are described as follows: Beginning at the
1050
middle of the channel of the Green River at latitude 38 degrees and 30 minutes north, thence west
1051
to the line between ranges 5 and 6 east; thence north to a point east of the point where the wagon
1052
road crosses the summit between Marysvale and Monroe; thence west to the summit of the range
1053
between the Rabbit and Grass Valleys; thence southwesterly along said summit to the Salt Lake
1054
meridian; thence south to the line between townships 30 and 31 south; thence east to the middle
1055
of the channel of the Colorado River; thence northerly up the channels of the Colorado and Green
1056
Rivers to the point of beginning.
1057
Section 46.
Section
17-50-233
, which is renumbered from Section 17-1-32 is renumbered
1058
and amended to read:
1059
[17-1-32]. 17-50-233. Weber County -- Description.
1060
The geographic boundaries of Weber County are described as follows: Beginning at the
1061
intersection of the summit of the Wasatch Range north and east of the Ogden Valley and the
1062
summit of the range separating the Bear Lake Valley from the Cache Valley, thence westerly to
1063
the hot springs near the county road north of Ogden along the summits of the Wasatch Range and
1064
the spur range terminating at said hot springs; thence west to the line between ranges 3 and 4 west;
1065
thence southwesterly in a straight line to the middle point of a line drawn from a point on the east
1066
shore of Great Salt Lake west of the middle of the channel of the Weber River north of the
1067
northwest corner of Kingston's Fort to a point on the west shore of said lake at latitude 41 degrees
1068
north; thence northeasterly along said last described line to the east shore of Great Salt Lake;
1069
thence east to the middle of the channel of the Weber River; thence up the middle of said channel
1070
to a point where crossed by the summit line of the Wasatch Range; thence northeasterly along the
1071
summit of said range around the headwaters of the Ogden River to the point of beginning.
1072
Section 47.
Section
17-50-301
, which is renumbered from Section 17-4-2 is renumbered
1073
and amended to read:
1074
Part 3. County Powers
1075
[17-4-2]. 17-50-301. Exercise of county powers.
1076
The powers of a county [can] may be exercised only by the county executive and county
1077
legislative body or by agents and officers acting under their authority or under authority of law.
1078
Section 48.
Section
17-50-302
, which is renumbered from Section 17-4-3 is renumbered
1079
and amended to read:
1080
[17-4-3]. 17-50-302. General county powers.
1081
(1) A county may:
1082
(a) as prescribed by statute, levy, assess, and collect taxes, borrow money, and levy and
1083
collect special assessments for benefits conferred; and
1084
(b) provide services, exercise powers, and perform functions that are reasonably related
1085
to the safety, health, morals, and welfare of their inhabitants, except as limited or prohibited by
1086
statute.
1087
(2) A county [has power] may:
1088
[(1) To] (a) sue and be sued[.];
1089
[(2) To] (b) acquire land, including at a tax sale, and hold [land within its limits] it as
1090
necessary and proper for county purposes[, and on tax sales.];
1091
[(3) To] (c) make such contracts and [to] purchase and hold such personal property as may
1092
be necessary to the exercise of its powers[.]; and
1093
[(4) To] (d) manage and dispose of its property as the interests of its inhabitants may
1094
require.
1095
[(5) To levy and collect such taxes for purposes under its exclusive jurisdiction as are
1096
authorized by law.]
1097
Section 49.
Section
17-50-303
, which is renumbered from Section 17-4-4 is renumbered
1098
and amended to read:
1099
[17-4-4]. 17-50-303. County borrowing authorized -- Issuance of tax anticipation
1100
notes -- Purposes.
1101
(1) [No county shall in any manner give or lend its credit to or in aid of any person or
1102
corporation, or appropriate money in aid of any private enterprise. The] A county [legislative body]
1103
may borrow money in anticipation of the collection of taxes and other county revenues [of the
1104
county] in the manner and subject to the conditions of [the] Title 11, Chapter 14, Utah Municipal
1105
Bond Act. [This]
1106
(2) A county may incur indebtedness [may be incurred] under Subsection (1) for any
1107
purpose for which funds of the county may be expended.
1108
Section 50.
Section
17-50-304
, which is renumbered from Section 17-5-219 is renumbered
1109
and amended to read:
1110
[17-5-219]. 17-50-304. Actions -- Control and direction.
1111
[They] A county may control and direct the prosecution and defense of all actions to which
1112
the county is a party, and, when necessary [may], employ counsel to assist the county attorney or
1113
district attorney in conducting [the same] those actions or any other cases where the county
1114
attorney or district attorney is authorized by law to act.
1115
Section 51.
Section
17-50-305
, which is renumbered from Section 17-5-229 is renumbered
1116
and amended to read:
1117
[17-5-229]. 17-50-305. Police, building, and sanitary regulations.
1118
[They] A county may make and enforce within the limits of the county, outside the limits
1119
of [incorporated] cities and towns, all such local, police, building, and sanitary regulations as are
1120
not in conflict with general laws.
1121
Section 52.
Section
17-50-306
, which is renumbered from Section 17-5-232 is renumbered
1122
and amended to read:
1123
[17-5-232]. 17-50-306. County roads and airports -- Acquisition and control --
1124
Retainage.
1125
(1) [They] A county may:
1126
(a) contract for, purchase, or otherwise acquire, when necessary, rights of way for county
1127
roads over private property, and may institute proceedings for acquiring such rights of way as
1128
provided by law[, and];
1129
(b) lay out, construct, maintain, control, and manage county roads, sidewalks, ferries and
1130
bridges within the county, outside of [incorporated] cities[, may] and towns;
1131
(c) designate the county roads to be maintained by the county within or extending through
1132
any [incorporated] city or town, which [in no case shall] may not be more than three in the same
1133
direction[, and may];
1134
(d) abolish or abandon [such] county roads [as] that are unnecessary for the use of the
1135
public, in the manner provided by law[. They may also ]; and
1136
(e) lay out, construct, maintain, control, and manage landing fields and hangars for the use
1137
of airplanes or other vehicles for aerial travel [anywhere within the county].
1138
(2) If any payment on a contract with a private contractor to construct county roads,
1139
sidewalks, ferries, and bridges under this section is retained or withheld, it shall be retained or
1140
withheld and released as provided in Section
13-8-5
.
1141
Section 53.
Section
17-50-307
, which is renumbered from Section 17-5-233 is renumbered
1142
and amended to read:
1143
[17-5-233]. 17-50-307. Granting franchises over public roads -- Limitation.
1144
[They] (1) A county may grant franchises along and over the public roads and highways
1145
for all lawful purposes, upon such terms, conditions, and restrictions as in the judgment of the
1146
[board may be] county legislative body are necessary and proper, to be exercised in such manner
1147
as to present the least possible obstruction and inconvenience to the traveling public[, but such
1148
permission shall].
1149
(2) A franchise under Subsection (1) may not be granted for a [longer] period longer than
1150
50 years.
1151
Section 54.
Section
17-50-308
, which is renumbered from Section 17-5-234 is renumbered
1152
and amended to read:
1153
[17-5-234]. 17-50-308. Franchises for toll roads.
1154
[They] (1) Subject to Subsection (2), a county may grant, on such terms, conditions, and
1155
restrictions as in the judgment of the [board may be] county executive are necessary and proper,
1156
licenses and franchises for taking tolls on public roads or highways whenever in the judgment of
1157
the [board] county executive the expense of operating or maintaining [such] the roads or highways
1158
as free public highways is too great to justify the county in operating or maintaining them[;
1159
provided, that it shall always be a condition attached to the granting of such licenses and
1160
franchises].
1161
(2) Each license and franchise granted under Subsection (1) shall contain the condition that
1162
[such] the roads and highways shall be kept in reasonable repair by the persons to whom such
1163
licenses or franchises [may be] are granted.
1164
Section 55.
Section
17-50-309
, which is renumbered from Section 17-5-235 is renumbered
1165
and amended to read:
1166
[17-5-235]. 17-50-309. Franchises for ferries and bridges.
1167
[They] (1) A county may grant licenses and franchises for constructing and keeping in
1168
repair roads, bridges, and ferries and for the taking of tolls [thereon] on them. [All persons]
1169
(2) Each person operating any toll boat or ferry for the transportation of persons, vehicles,
1170
or livestock across any stream, river, or body of water in this state shall obtain a franchise for [the]
1171
its operation [of the same] from the county executive of the county [or counties] in which such
1172
boat or ferry is operated. [Whenever]
1173
(3) If such boat or ferry is operated on a stream or body of water forming the boundary line
1174
between two adjoining counties, the person operating the boat or ferry shall obtain a franchise
1175
[shall be obtained] from the county executive of each [of such counties] county.
1176
Section 56.
Section
17-50-310
, which is renumbered from Section 17-5-236 is renumbered
1177
and amended to read:
1178
[17-5-236]. 17-50-310. Regulation of use of roads.
1179
[They] A county may enact ordinances and make regulations not in conflict with law for
1180
the control, construction, alteration, repair, and use of all public roads and highways in the county
1181
outside of [incorporated] cities and towns.
1182
Section 57.
Section
17-50-311
, which is renumbered from Section 17-5-237 is renumbered
1183
and amended to read:
1184
[17-5-237]. 17-50-311. Water and water rights -- Acquisition and control --
1185
Retainage.
1186
(1) [They] A county may:
1187
(a) purchase, receive by donation, or lease any real or personal property or water rights
1188
necessary for the use of the county; [may]
1189
(b) purchase or otherwise acquire the necessary real estate upon which to sink wells to
1190
obtain water for sprinkling roads and for other county purposes and [may] erect thereon pumping
1191
apparatus, tanks, and reservoirs for [the] obtaining and [storage of] storing water for such
1192
purposes[; may] and preserve, take care of, manage, and control the [same] water; [may]
1193
(c) purchase, receive by donation, or lease any water rights or stock or rights in reservoirs
1194
or storage companies or associations for the use of citizens of the county; [may]
1195
(d) construct dams and canals for the storage and distribution of [such] waters referred to
1196
in Subsection (1)(c); and [may]
1197
(e) fix the price for and sell [such] water, water rights, stock, or rights in reservoir or
1198
storage companies or associations, with the dams and canals, as are not required for public use to
1199
citizens of the county.
1200
(2) If any payment on a contract with a private contractor to construct dams and canals
1201
under this section is retained or withheld, it shall be retained or withheld and released as provided
1202
in Section
13-8-5
.
1203
Section 58.
Section
17-50-312
, which is renumbered from Section 17-5-239 is renumbered
1204
and amended to read:
1205
[17-5-239]. 17-50-312. Courthouse, jail, hospital, and other public buildings --
1206
Acquisition and control -- Retainage.
1207
(1) [They] A county may erect, repair or rebuild, and furnish a courthouse, jail, hospital,
1208
and such other public buildings as may be necessary, and join with cities and towns in the
1209
construction, ownership, and operation of hospitals.
1210
(2) If any payment on a contract with a private contractor to erect, repair, or rebuild public
1211
buildings under this section is retained or withheld, it shall be retained or withheld and released
1212
as provided in Section
13-8-5
.
1213
Section 59.
Section
17-50-313
, which is renumbered from Section 17-5-242 is renumbered
1214
and amended to read:
1215
[17-5-242]. 17-50-313. Acquisition, management, and disposal of property.
1216
(1) [The] A county may purchase, receive, hold, sell, lease, convey, or otherwise acquire
1217
and dispose of any real or personal property or any interest in such property that it determines to
1218
be in the public interest.
1219
(2) Any property interest acquired by the county shall be held in the name of the county
1220
unless specifically otherwise provided by law.
1221
(3) The county legislative body shall provide by ordinance, resolution, rule, or regulation
1222
for the manner in which property shall be acquired, managed, and disposed of.
1223
Section 60.
Section
17-50-314
, which is renumbered from Section 17-5-243 is renumbered
1224
and amended to read:
1225
[17-5-243]. 17-50-314. Provisions for general health -- Creation of health
1226
department.
1227
[The board of health] Each county shall:
1228
(1) make provisions for the preservation of health in the county and pay the related
1229
expenses; and
1230
(2) in cooperation with municipalities in the county, create a local health department as
1231
provided in Title 26A, Chapter 1, Part 1, Local Health Department Act.
1232
Section 61.
Section
17-50-315
, which is renumbered from Section 17-5-245 is renumbered
1233
and amended to read:
1234
[17-5-245]. 17-50-315. Powers of cities and towns not affected.
1235
Nothing [contained] in this chapter [is intended] may be construed to diminish, impair, or
1236
[in any wise] affect the power conferred upon [incorporated] cities and towns.
1237
Section 62.
Section
17-50-316
, which is renumbered from Section 17-5-256 is renumbered
1238
and amended to read:
1239
[17-5-256]. 17-50-316. Deposit of tax moneys.
1240
All [such] taxes shall as rapidly as they are collected be deposited into the county treasury.
1241
Section 63.
Section
17-50-317
, which is renumbered from Section 17-5-264 is renumbered
1242
and amended to read:
1243
[17-5-264]. 17-50-317. Study and improvement of county government -- Charges
1244
and expenses.
1245
(1) [The several counties of the state of Utah are authorized and empowered, either singly]
1246
A county may, individually or in association with other counties, [to] study the processes and
1247
methods of county government with a view to improvement and [to] cause to be assembled and
1248
presented to the Legislature [of the state of Utah] or the Congress of the United States, or to or
1249
before the appropriate committees of either or both, such information and factual data with respect
1250
to the effect upon [said] counties, the taxpayers, and the people, of existing, pending or proposed
1251
legislation, as in the judgment of county executives and legislative bodies, will be in the interest
1252
of and beneficial to [said] counties, taxpayers, and people[; and the].
1253
(2) The charges and expenses incurred under Subsection (1) shall be proper claim against
1254
[the] county funds [of such counties], to be audited and paid as other county claims.
1255
Section 64.
Section
17-50-318
, which is renumbered from Section 17-5-265 is renumbered
1256
and amended to read:
1257
[17-5-265]. 17-50-318. Development of county resources.
1258
[The county legislative bodies of the respective counties within the state are authorized and
1259
empowered to] A county may provide for the development of the county's mineral, water,
1260
manpower, industrial, historical, cultural, and other resources.
1261
Section 65.
Section
17-50-319
, which is renumbered from Section 17-5-271 is renumbered
1262
and amended to read:
1263
[17-5-271]. 17-50-319. Expenditure of county funds authorized to develop county
1264
resources.
1265
[The] A county [legislative body] may expend county funds as are considered advisable
1266
to [carry out the purposes of this act] develop county resources.
1267
Section 66.
Section
17-50-320
, which is renumbered from Section 17-5-275 is renumbered
1268
and amended to read:
1269
[17-5-275]. 17-50-320. Mental health and substance abuse services.
1270
[The county legislative body of each] Each county shall provide mental health services in
1271
accordance with Title 62A, Chapter 12, Mental Health, and substance abuse services in accordance
1272
with Title 62A, Chapter 8, Substance Abuse.
1273
Section 67.
Section
17-50-321
, which is renumbered from Section 17-15-17 is renumbered
1274
and amended to read:
1275
[17-15-17]. 17-50-321. County expenses enumerated.
1276
County charges are:
1277
(1) those incurred against the county by any law;
1278
(2) the necessary expenses of the county attorney or district attorney incurred in criminal
1279
cases arising in the county, and all other expenses necessarily incurred by [him] the county or
1280
district attorney in the prosecution of criminal cases, except jury and witness fees;
1281
(3) the expenses necessarily incurred in the support of persons charged with or convicted
1282
of a criminal offense and committed to the county jail;
1283
(4) [the sums required by law to be paid to jurors in civil cases] for [counties] a county not
1284
within the state district court administrative system, the sum required by law to be paid jurors in
1285
civil cases;
1286
(5) all charges and accounts for services rendered by any justice court judge for services
1287
in the trial and examination of persons charged with a criminal offense not otherwise provided for
1288
by law;
1289
(6) the contingent expenses necessarily incurred for the use and benefit of the county;
1290
(7) every other sum directed by law to be raised for any county purposes under the
1291
direction of the [governing] county legislative body [of the county] or declared a county charge;
1292
(8) the fees of constables for services rendered in criminal cases;
1293
(9) the necessary expenses of the sheriff and [his] deputies incurred in civil and criminal
1294
cases arising in the county, and all other expenses necessarily incurred by the sheriff and [his]
1295
deputies performing the duties imposed upon them by law; and
1296
(10) the sums required by law to be paid by the county to jurors and witnesses serving at
1297
inquests and in criminal cases in justice courts.
1298
Section 68.
Section
17-50-322
, which is renumbered from Section 17-15-21 is renumbered
1299
and amended to read:
1300
[17-15-21]. 17-50-322. Support of the arts by counties -- Appropriations --
1301
Guidelines.
1302
[The governing body of any] A county may provide for and appropriate funds for the
1303
support of the arts, including [but not limited to]:
1304
(1) music, dance, theatre, crafts and visual, folk and literary art, for the purpose of
1305
enriching the lives of its residents; and [may]
1306
(2) establish guidelines for the support of the arts.
1307
Section 69.
Section
17-50-401
is enacted to read:
1308
Part 4. Claims Against the County
1309
17-50-401. Claims presented to county executive -- Auditor review -- Attorney review
1310
-- Approval of claim.
1311
(1) A person with a claim against a county may present it to the county executive for
1312
review.
1313
(2) (a) The county executive shall forward all claims requesting payment for goods or
1314
services to the county auditor for the auditor's review and recommendation to the county executive.
1315
(b) The county executive shall forward all claims regarding liability to the county attorney
1316
or, in a county with no county attorney, to the district attorney for the attorney's review and
1317
recommendation to the county executive regarding liability and payment.
1318
(3) The county executive may approve payment of a claim that appears to the county
1319
executive to be just, lawful, and properly due and owing to the claimant.
1320
Section 70.
Section
17-50-402
, which is renumbered from Section 17-15-10 is renumbered
1321
and amended to read:
1322
[17-15-10]. 17-50-402. Claims against county -- Presentation.
1323
(1) The county executive [shall] may not hear or consider any claim of any person against
1324
the county, nor may the county executive credit or allow any claim or bill against the county,
1325
unless the [same] claim is itemized, giving names, dates, and particular service rendered, or until
1326
it has been [passed upon] reviewed by the county auditor.
1327
(2) (a) If the claim is for service of process, it shall state the character of process served,
1328
upon whom, the number of days engaged, and the number of miles traveled[; if].
1329
(b) If the claim is for materials furnished, it shall state to whom the materials were
1330
furnished, by whom ordered, and the quantity and price agreed upon. [Every]
1331
(3) Each claim against the county [must] shall be:
1332
(a) presented to the county [auditor] executive within a year after the last item of the
1333
account or claim accrued[. In all cases, claims shall be]; and
1334
(b) duly substantiated as to [their] its correctness and as to the fact that [they are] it is justly
1335
due.
1336
(4) If the county executive [shall refuse] refuses to hear or consider a claim because it is
1337
not properly made out, [he] the county executive shall cause notice of the fact to be given to the
1338
claimant or [to his] the claimant's agent and shall allow sufficient time for the [same] claim to be
1339
properly itemized and substantiated.
1340
Section 71.
Section
17-50-403
, which is renumbered from Section 17-15-11 is renumbered
1341
and amended to read:
1342
[17-15-11]. 17-50-403. Payment or rejection of claims.
1343
[When the board] (1) If the county executive finds that any claim presented is not payable
1344
by the county or is not a proper county charge [it must be rejected], the county executive shall
1345
reject the claim.
1346
(2) (a) If [it] the claim is found to be a proper county charge, but greater in amount than
1347
is justly due, the [board] county executive may allow the claim in part and may order a warrant
1348
drawn for the portion allowed.
1349
(b) If the claimant is unwilling to receive [such] the amount in full payment, the [claim]
1350
county executive may [be] again [considered by the board] consider the claim.
1351
Section 72.
Section
17-50-404
, which is renumbered from Section 17-15-12 is renumbered
1352
and amended to read:
1353
[17-15-12]. 17-50-404. Action on rejected claim -- Limitation.
1354
(1) A claimant dissatisfied with the rejection of [his] a claim or demand or with the
1355
amount allowed [him] on [his] an account may sue the county [therefor] on the claim, demand, or
1356
account at any time within one year after the first rejection [thereof] of the claim, demand, or
1357
account by the [board] county executive, but not afterward.
1358
(2) If in such action judgment is recovered for more than the [board] county executive
1359
allowed, costs shall be taxed against the county, but if no more is recovered than the [board]
1360
county executive allowed, costs shall be taxed against the plaintiff.
1361
(3) On presentation of a certified copy of [the] a judgment against the county, the [board
1362
must] county executive shall allow and pay the same.
1363
Section 73.
Section
17-50-405
, which is renumbered from Section 17-15-13 is renumbered
1364
and amended to read:
1365
[17-15-13]. 17-50-405. Judgments against county -- Payment.
1366
[When any] (1) If a judgment is obtained against a county, [the same must] it shall be paid
1367
as are other county charges.
1368
(2) The county legislative body shall levy and authorize the collection of a sufficient
1369
amount of revenue to pay off and discharge such judgment in addition to the ordinary expenses of
1370
the county, but the property of the county and of the persons owning property situated or liable to
1371
taxation [therein shall in no case] in the county may not be liable to judgment lien or to seizure or
1372
sale upon execution or other process of any court.
1373
Section 74.
Section
17-50-406
, which is renumbered from Section 17-15-14 is renumbered
1374
and amended to read:
1375
[17-15-14]. 17-50-406. County legislative body claim for expenses -- County
1376
auditor recommendation.
1377
[All claims] (1) Each claim against the county presented by any member of the county
1378
legislative body for expenses [must] shall:
1379
(a) be itemized and verified as other claims[, and must];
1380
(b) state that the service has been actually rendered[,]; and[, before allowance, such claims
1381
must]
1382
(c) be presented to the county [attorney, who must endorse thereon, in writing, his opinion
1383
as to the legality thereof. If the county attorney declares the claim illegal, he must state specifically
1384
wherein it is illegal, and the claim must then be rejected by the county legislative body] auditor.
1385
(2) The county auditor shall make a recommendation to the county executive regarding
1386
payment of each claim presented under Subsection (1).
1387
Section 75.
Section
17-50-407
, which is renumbered from Section 17-15-15 is renumbered
1388
and amended to read:
1389
[17-15-15]. 17-50-407. Officers not to advocate claims -- Right to oppose claims.
1390
(1) No county officer [shall] may, except for [his] the officer's own services, present any
1391
claim, account, or demand for allowance against the county or in any way advocate the relief asked
1392
in the claim or demand made by any other person.
1393
(2) Notwithstanding Subsection (1), a county officer may forward to the county executive
1394
a claim made by another and may endorse on the claim the officer's recommendation to the county
1395
executive regarding payment of the claim.
1396
(3) Any person may appear before the [board] county executive and oppose the allowance
1397
of any claim or demand made against the county.
1398
Section 76.
Section
17-52-101
, which is renumbered from Section 17-35a-102 is
1399
renumbered and amended to read:
1400
CHAPTER 52. FORMS OF COUNTY GOVERNMENT
1401
Part 1. General Provisions
1402
[17-35a-102]. 17-52-101. Definitions.
1403
As used in this chapter:
1404
(1) "Appointment council" means a group of persons consisting of:
1405
(a) the governor or the governor's designee;
1406
(b) the speaker of the House of Representatives or the speaker's designee;
1407
(c) the president of the Senate or the president's designee;
1408
(d) a resident of the county in which the optional plan is proposed, designated by the
1409
county legislative body;
1410
(e) a resident of the county in which the optional plan is proposed, designated by majority
1411
vote of the mayors of all cities and towns in the county in which the optional plan is proposed; and
1412
(f) four other residents of the county in which the optional plan is proposed, designated
1413
by majority vote of the five other members of the appointment council.
1414
(2) "Optional plan" means a plan establishing an alternate form of government for a county
1415
as provided in Section [
17-35a-401
]
17-52-401
.
1416
(3) "Reasonable notice" means, at a minimum:
1417
(a) (i) publication in a newspaper of general circulation within the county at least once a
1418
week for at least two consecutive weeks ending no more than ten and no fewer than three days
1419
before the event that is the subject of the notice; or
1420
(ii) if there is no newspaper of general circulation within the county, posting at least one
1421
notice per 1,000 population within the county, for at least a week ending no more than three days
1422
before the event that is the subject of the notice, at locations throughout the county that are most
1423
likely to give actual notice to county residents; and
1424
(b) if the county has an Internet home page, posting an electronic notice on the Internet for
1425
at least seven days immediately before the event that is the subject of the notice.
1426
(4) "Study committee" means a group of persons:
1427
(a) (i) elected pursuant to a resolution adopted under Subsection [
17-35a-202
]
1428
17-52-202
(3)(a) or [
17-35a-203
]
17-52-203
(3)(d)(i)(B) in which the county legislative body
1429
specifies that the members should be elected; or
1430
(ii) appointed under Section [
17-35a-301
]
17-52-301
; and
1431
(b) charged with the duties provided in Section [
17-35a-303
]
17-52-303
.
1432
Section 77.
Section
17-52-102
is enacted to read:
1433
17-52-102. Allowed forms of county government -- Unless another is adopted, county
1434
to operate under county commission form.
1435
(1) Each county shall operate under one of the following forms of county government:
1436
(a) the county commission form under Section
17-52-501
;
1437
(b) the expanded county commission form under Section
17-52-502
;
1438
(c) the executive and chief administrative officer-council form under Section
17-52-503
;
1439
(d) the county executive and council form under Section
17-52-504
;
1440
(e) the council-manager form under Section
17-52-505
; or
1441
(f) the council and county administrative officer form under Section
17-52-506
.
1442
(2) Unless it adopts another form of government as provided in this chapter, each county
1443
shall operate under the county commission form of government under Section
17-52-501
.
1444
Section 78.
Section
17-52-201
, which is renumbered from Section 17-35a-201 is
1445
renumbered and amended to read:
1446
Part 2. Procedure
1447
[17-35a-201]. 17-52-201. Procedure for initiating adoption of optional plan
1448
-- Limitations -- Pending proceedings.
1449
(1) An optional plan proposing an alternate form of government for a county may be
1450
adopted as provided in this chapter.
1451
(2) The process to adopt an optional plan establishing an alternate form of county
1452
government may be initiated by:
1453
(a) the county legislative body as provided in Section [
17-35a-202
]
17-52-202
; or
1454
(b) registered voters of the county as provided in Section [
17-35a-203
]
17-52-203
.
1455
(3) (a) If the process to adopt an optional plan has been initiated under Chapter 26, Laws
1456
of Utah 1973, Section 3, 4, or 5, or Section [
17-35a-202
]
17-52-202
or [
17-35a-203
]
17-52-203
,
1457
the county legislative body may not initiate the process again under Section [
17-35a-202
]
1458
17-52-202
unless the earlier proceeding:
1459
(i) has been concluded by the county legislative body rejecting the optional plan;
1460
(ii) has been concluded by an affirmative or negative vote of registered voters; or
1461
(iii) has not been concluded but has been pending for at least two years.
1462
(b) A county legislative body may not initiate the process to adopt an optional plan under
1463
Section [
17-35a-202
]
17-52-202
within four years of an election at which voters approved or
1464
rejected an optional plan proposed as a result of a process initiated by the county legislative body.
1465
(c) Registered voters of a county may not initiate the process to adopt an optional plan
1466
under Section [
17-35a-203
]
17-52-203
within four years of an election at which voters approved
1467
or rejected an optional plan proposed as a result of a process initiated by registered voters.
1468
[(4) (a) A proceeding to adopt an optional form of county government commenced under
1469
Chapter 26, Laws of Utah 1973, as amended, and pending on the effective date of this section may
1470
continue under the applicable provisions of this chapter.]
1471
[(b) No part of a proceeding to adopt an optional form of county government commenced
1472
under Chapter 26, Laws of Utah 1973, as amended, and pending on the effective date of this
1473
section, may be considered invalid because of a failure to meet a requirement of this chapter that
1474
was not included in Chapter 26, Laws of Utah 1973, as amended.]
1475
Section 79.
Section
17-52-202
, which is renumbered from Section 17-35a-202 is
1476
renumbered and amended to read:
1477
[17-35a-202]. 17-52-202. County legislative body initiation of adoption of
1478
optional plan -- Procedure.
1479
(1) A county legislative body may initiate the process of adopting an optional plan by:
1480
(a) adopting a resolution of intent as provided in Subsection (2)(a);
1481
(b) adopting a resolution to submit to the voters the question of whether a study committee
1482
should be established as provided in Subsection (3)(a); or
1483
(c) adopting a resolution to approve the establishment of a study committee as provided
1484
in Subsection (4)(a).
1485
(2) (a) A county legislative body may adopt a resolution indicating its intent to propose
1486
the adoption of an optional plan.
1487
(b) Each resolution under Subsection (2)(a) shall: