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H.B. 139
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CITIES AND TOWNS - CLASSIFICATION
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AND RELATED ISSUES
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2001 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Wayne A. Harper
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This act modifies provisions of the Utah Municipal Code relating to cities and towns. The
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act modifies provisions relating to the direction, control, and supervision of a chief of police
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or marshal in a third class city or town and their appointment of assistants. The act revises
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municipal classifications and adjusts certain town budgetary procedural requirements to be
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more consistent with those of cities. The act eliminates the requirement that cities of the first
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class have a civil service commission and makes the establishment of a civil service
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commission optional for cities of the first or second class. The act expands the authority of
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the civil service commission with respect to appeals of a suspension or discharge. The act
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establishes existing forms of government for first, second, and third class cities and towns
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as optional forms for all classes of municipalities. The act also makes technical changes.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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10-2-301, as repealed and reenacted by Chapter 318, Laws of Utah 2000
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10-3-918, as last amended by Chapter 33, Laws of Utah 1983
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10-3-1001, as enacted by Chapter 48, Laws of Utah 1977
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10-3-1002, as last amended by Chapter 44, Laws of Utah 1977
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10-3-1003, as enacted by Chapter 48, Laws of Utah 1977
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10-3-1012, as last amended by Chapter 221, Laws of Utah 1991
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10-3-1203, as last amended by Chapters 10 and 389, Laws of Utah 1997
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10-3-1209, as last amended by Chapter 39, Laws of Utah 1979
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10-5-107, as last amended by Chapter 3, Laws of Utah 1988
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10-5-108, as last amended by Chapter 118, Laws of Utah 1989
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10-5-109, as last amended by Chapter 118, Laws of Utah 1989
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-2-301
is amended to read:
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10-2-301. Classification of municipalities according to population.
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(1) Each municipality shall be classified according to its population, as provided in this
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section.
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(2) (a) A municipality with a population of 100,000 or more is a city of the first class.
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(b) A municipality with a population of 60,000 or more but less than 100,000 is a city of
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the second class.
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(c) A municipality with a population of [800] 1,000 or more but less than 60,000 is a city
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of the third class.
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(d) A municipality with a population under [800] 1,000 is a town.
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Section 2.
Section
10-3-918
is amended to read:
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10-3-918. Chief of police or marshal in third class cities and towns.
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[In cities of the third class and towns, the] The chief of police or marshal [shall] in a city
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of the third class or town:
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(1) shall:
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(a) exercise and perform [such] the duties [as may be] that are prescribed by the
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[governing] legislative body[. The chief of police or marshal shall]; and
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(b) be under the direction, control, and supervision of the [mayor. The chief of police or
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marshal may with the consent of the mayor] person or body that appointed the chief or marshal;
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and
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(2) may, with the consent of the person or body that appointed the chief or marshal,
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appoint assistants to the chief of police or marshal.
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Section 3.
Section
10-3-1001
is amended to read:
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10-3-1001. Subordinates in police, health, and fire departments to be appointed from
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list.
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[The] Subject to the rules and regulations of the civil service commission, the head of [each
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of] the police and fire departments [of cities] of [the] each first and second class city that chooses
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to establish a civil service commission and the health officer in [cities of the] each first class city
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that chooses to establish a civil service commission shall, from the classified civil service list
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furnished by the civil service commission and by and with the advice and consent of the [board
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of] city [commissioners, and subject to the rules and regulations of the civil service commission,]
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legislative body:
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(1) appoint [from the classified civil service list furnished by the civil service commission]
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all subordinate officers, employees, members, or agents in [his] the department[,]; and [in like
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manner]
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(2) fill [all] vacancies in the [same] positions listed in Subsection (1).
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Section 4.
Section
10-3-1002
is amended to read:
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10-3-1002. Classified civil service -- Employment constituting.
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(1) The classified civil service shall consist of all places of employment now existing or
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hereafter created in or under the police department and the fire department of each first or second
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class city [of the first and second class,] that chooses to establish a civil service commission and
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the health department in [cities of the] each first class[,] city that chooses to establish a civil
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service commission, except the head of the departments, deputy chiefs of the police and fire
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departments, and assistant chiefs of the police department in cities of the first and second class,
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and the members of the board of health of the departments.
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(2) No appointments to any of the places of employment constituting the classified civil
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service in the departments shall be made except according to law and under the rules and
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regulations of the civil service commission.
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(3) The head of each of the departments may, and the deputy chiefs of the police and fire
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departments and assistant chiefs of the police department shall, be appointed from the classified
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civil service, and upon the expiration of [his] the term or upon the appointment of a successor shall
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be returned thereto.
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Section 5.
Section
10-3-1003
is amended to read:
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10-3-1003. Commission -- Number, term, vacancies.
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[In each] (1) A city of the first [and] or second class [there shall be] may establish a civil
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service commission[, consisting] under this part.
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(2) Each civil service commission under this part shall consist of three members appointed
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by the [board of commissioners] city legislative body. [Their]
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(3) (a) The term of office of commission members shall be six years, but [they] members
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shall be appointed so that the term of office of one member shall expire on the 30th day of June
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of each even-numbered year.
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(b) If a vacancy occurs in the civil service commission, it shall be filled by appointment
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by the [board of] city [commissioners] legislative body for the unexpired term.
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Section 6.
Section
10-3-1012
is amended to read:
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10-3-1012. Suspension or discharge by department head -- Appeal to commission --
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Hearing and decision.
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(1) All persons in the classified civil service may be suspended as provided in Section
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10-3-912
, or removed from office or employment by the head of the department for misconduct,
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incompetency, failure to perform [his] duties, or failure to observe properly the rules of the
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department, but subject to appeal by the suspended or discharged person to the civil service
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commission.
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(2) Any person suspended or discharged may, within five days from the issuance by the
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head of the department of the order [suspending or discharging him] of suspension or discharge,
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appeal to the civil service commission, which shall fully hear and determine the matter.
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(3) The suspended or discharged person shall be entitled to appear in person and to have
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counsel and a public hearing.
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(4) (a) The civil service commission may accept, reject, or modify the order of suspension
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or discharge.
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(b) The finding and decision of the civil service commission upon the hearing shall be
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certified to the head of the department from whose order the appeal is taken, and shall be final and
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immediately enforced by [him] the head.
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Section 7.
Section
10-3-1203
is amended to read:
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10-3-1203. Election requirements and procedure for organization under optional
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form of government.
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(1) A municipality may reorganize under any form of municipal government provided for
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in this part or under Sections
10-3-103
,
10-3-104
,
10-3-105
, or
10-3-106
, regardless of the city's
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class under Section
10-2-301
.
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(2) Reorganization under Subsection (1) shall be by approval of a majority of registered
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voters of the municipality voting in a special election held for that purpose.
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(3) (a) The proposal may be entered on the ballot by resolution passed by the governing
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body of the municipality or by initiative as provided for in Title 20A, Chapter 7, Part 5, Local
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Initiatives - Procedures.
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(b) The resolution or petition shall state the number, method of election, and initial terms
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of council members and shall specify the boundaries of districts substantially equal in population
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if some or all council members are to be chosen from these districts.
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(4) (a) The proposal shall be voted upon at a special election to be held not more than
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twelve months after the resolution is passed or after receipt of a valid initiative petition.
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(b) The special election shall be held at least 90 days before or after regular municipal
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elections.
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(c) The ballot for the special election to adopt or reject one of the forms of municipal
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government shall be in substantially the following form:
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___________________________________________________________________________
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Shall (name of municipality), Utah, adopt Yes
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the (council-mayor) (council-manager)
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(five-member commission) (three-member commission)
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(six-member council) (five-member council) form of
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municipal government? No
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___________________________________________________________________________
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Section 8.
Section
10-3-1209
is amended to read:
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10-3-1209. Optional forms defined.
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(1) (a) The optional form of government known as the council-mayor form vests the
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government of a municipality [which] that adopts this form in two separate, independent, and equal
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branches of municipal government[;]: the executive branch, consisting of a mayor and the
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administrative departments and officers; and the legislative branch, consisting of a municipal
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council.
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(b) The optional form known as the council-manager form vests the government of the
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municipality in a municipal council, which [shall be deemed] is considered to be the governing
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body of the municipality, and a manager appointed by the council.
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(c) The optional form known as the five-member commission is as described in Section
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10-3-103
.
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(d) The optional form known as the three-member commission is as described in Section
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10-3-104
.
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(e) The optional form known as the six-member council is as described in Section
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10-3-105
.
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(f) The optional form known as the five-member council is as described in Section
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10-3-106
.
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(2) Notwithstanding language contained in Sections
10-3-103
,
10-3-104
,
10-3-105
, and
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10-3-106
indicating that those forms of municipal government are only for the class of
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municipality specified in those sections, any of those forms may be chosen by any class of
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municipality as an optional form under this part.
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(3) All provisions of this chapter that apply to the form of government specified in
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Sections
10-3-103
,
10-3-104
,
10-3-105
, and
10-3-106
shall apply equally to a municipality
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choosing one of those forms of government as an optional form under this part.
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Section 9.
Section
10-5-107
is amended to read:
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10-5-107. Tentative budgets required for public inspection -- Contents -- Adoption
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of tentative budget.
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(1) (a) [At least seven days prior to its adoption] On or before the first regularly scheduled
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town council meeting of May, the mayor shall:
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(i) prepare for the ensuing year, on forms provided by the state auditor, [and have available
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for public inspection,] a tentative budget for each fund for which a budget is required[.];
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(ii) make the tentative budget available for public inspection; and
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(iii) submit the tentative budget to the town council.
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(b) The tentative budget of each fund shall set forth in tabular form:
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[(a)] (i) actual revenues and expenditures in the last completed fiscal year;
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[(b)] (ii) estimated total revenues and expenditures for the current fiscal year; and
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[(c)] (iii) the mayor's estimates of revenues and expenditures for the budget year.
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(2) The mayor shall estimate the amount of revenue available to serve the needs of each
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fund, estimate the portion to be derived from all sources other than general property taxes, and
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estimate the portion that must be derived from general property taxes. From these estimates the
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mayor shall compute and disclose in the budget the lowest rate of property tax levy that will raise
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the required amount of revenue, calculating the levy on the latest taxable value.
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(3) (a) Before the public hearing required under Section
10-5-108
, the town council:
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(i) shall review, consider, and tentatively adopt the tentative budget in any regular meeting
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or special meeting called for that purpose; and
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(ii) may amend or revise the tentative budget.
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(b) At the meeting at which the town council adopts the tentative budget, the council shall
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establish the time and place of the public hearing required under Section
10-5-108
.
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Section 10.
Section
10-5-108
is amended to read:
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10-5-108. Budget hearing -- Notice -- Adjustments.
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(1) Prior to the adoption of the final budget, each town council shall hold a public hearing
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to receive public comment.
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(2) [Notice] The council shall provide notice of the place, purpose, and time of the public
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hearing [shall be published] by publishing notice at least seven days before the hearing at least
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once in a newspaper of general circulation in the town, but if there is no newspaper of general
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circulation, then [notice may be given] by posting the notice in three public places at least 48 hours
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prior to the hearing.
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(3) After the hearing, the council, subject to Section
10-5-110
, may adjust expenditures
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and revenues in conformity with this [act] chapter.
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Section 11.
Section
10-5-109
is amended to read:
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10-5-109. Adoption of budgets -- Filing.
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[Prior to] Before June [22] 30 of each year, or August [17] 31 in the case of a property tax
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increase under Sections
59-2-919
through
59-2-923
, the council shall by resolution or ordinance
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adopt a budget for the ensuing fiscal year for each fund for which a budget is required under this
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chapter. A copy of the final budget for each fund shall be filed with the state auditor within 30
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days after adoption.
Legislative Review Note
as of 1-31-01 5:06 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.