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H.B. 244
This document includes House Floor Amendments incorporated into the bill on Fri, Feb 21,
2003 at 10:50 AM by bhilbert. -->
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MUNICIPAL GOVERNMENT AMENDMENTS
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2003 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Wayne A. Harper
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This act modifies city classification provisions and adds new classifications. The act
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modifies the population size of cities to which certain meeting requirements apply. The
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act modifies the population size of cities subject to certain animal shelter provisions. The
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act modifies the population size of cities to which a maximum charge for newspaper
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official notices applies. The act also makes conforming and technical changes. h
THE ACT
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PROVIDES A COORDINATION CLAUSE.
h
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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9-2-404, as last amended by Chapters 275 and 334, Laws of Utah 1998
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10-1-104, as last amended by Chapter 209, Laws of Utah 2000
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10-2-112, as repealed and reenacted by Chapter 389, Laws of Utah 1997
15
10-2-114, as repealed and reenacted by Chapter 389, Laws of Utah 1997
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10-2-125, as last amended by Chapter 318, Laws of Utah 2000
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10-2-301, as last amended by Chapter 178, Laws of Utah 2001
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10-2-405, as last amended by Chapter 29, Laws of Utah 2002
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10-3-105, as last amended by Chapter 17, Laws of Utah 1999
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10-3-205, as last amended by Chapter 278, Laws of Utah 1997
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10-3-205.5, as enacted by Chapter 278, Laws of Utah 1997
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10-3-208, as last amended by Chapter 272, Laws of Utah 2002
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10-3-402, as last amended by Chapter 147, Laws of Utah 1997
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10-3-502, as enacted by Chapter 48, Laws of Utah 1977
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10-3-504, as enacted by Chapter 48, Laws of Utah 1977
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10-3-507, as enacted by Chapter 48, Laws of Utah 1977
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10-3-609, as enacted by Chapter 48, Laws of Utah 1977
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10-3-808, as enacted by Chapter 48, Laws of Utah 1977
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10-3-809, as last amended by Chapter 147, Laws of Utah 1997
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10-3-810, as last amended by Chapter 59, Laws of Utah 1990
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10-3-811, as enacted by Chapter 48, Laws of Utah 1977
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10-3-812, as enacted by Chapter 48, Laws of Utah 1977
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10-3-916, as last amended by Chapter 207, Laws of Utah 1987
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10-3-917, as enacted by Chapter 48, Laws of Utah 1977
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10-3-918, as last amended by Chapter 219, Laws of Utah 2002
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10-3-919, as enacted by Chapter 48, Laws of Utah 1977
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10-3-920, as last amended by Chapter 186, Laws of Utah 1991
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10-3-1208, as enacted by Chapter 48, Laws of Utah 1977
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10-3-1212, as last amended by Chapter 47, Laws of Utah 1981
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10-6-106, as last amended by Chapter 300, Laws of Utah 1999
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10-6-111, as last amended by Chapter 300, Laws of Utah 1999
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10-6-135, as last amended by Chapter 12, Laws of Utah 2002
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10-6-139, as enacted by Chapter 26, Laws of Utah 1979
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10-6-148, as enacted by Chapter 26, Laws of Utah 1979
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10-6-153, as last amended by Chapter 243, Laws of Utah 1996
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10-6-154, as last amended by Chapter 4, Laws of Utah 1993
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10-6-157, as last amended by Chapter 119, Laws of Utah 1985
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10-7-7, as last amended by Chapter 2, Laws of Utah 1970
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10-8-90, Utah Code Annotated 1953
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10-8-91, as last amended by Chapter 3, Laws of Utah 1988
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10-9-307, as last amended by Chapter 159, Laws of Utah 2002
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10-11-1, Utah Code Annotated 1953
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10-17-102, as last amended by Chapter 318, Laws of Utah 2000
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11-14-3, as last amended by Chapter 270, Laws of Utah 2000
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17-42-102, as last amended by Chapter 318, Laws of Utah 2000
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17A-2-1302, as last amended by Chapter 1, Laws of Utah 2000
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17A-2-1308, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-3-306, as last amended by Chapter 84, Laws of Utah 1997
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17A-3-317, as last amended by Chapter 5, Laws of Utah 1991
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17A-3-407, as last amended by Chapter 84, Laws of Utah 1997
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20A-5-301, as last amended by Chapter 228, Laws of Utah 1993
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20A-7-601, as last amended by Chapter 45, Laws of Utah 1999
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20A-9-404, as last amended by Chapter 328, Laws of Utah 2000
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32A-2-101, as last amended by Chapter 132, Laws of Utah 1991
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32A-3-101, as last amended by Chapter 354, Laws of Utah 2001
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32A-4-101, as last amended by Chapter 87, Laws of Utah 2002
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32A-5-101, as last amended by Chapter 132, Laws of Utah 1991
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32A-10-201, as last amended by Chapter 87, Laws of Utah 2002
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45-1-2, as last amended by Chapter 43, Laws of Utah 1983
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53-6-106, as last amended by Chapter 243, Laws of Utah 1996
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57-11-4, as last amended by Chapter 165, Laws of Utah 1991
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67-3-8, as last amended by Chapter 300, Laws of Utah 1999
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72-3-104, as last amended by Chapter 324, Laws of Utah 2000
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72-8-102, as renumbered and amended by Chapter 270, 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
9-2-404
is amended to read:
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9-2-404. Criteria for designation of enterprise zones -- Application.
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(1) A county applicant seeking designation as an enterprise zone shall file an
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application with the department that, in addition to complying with other requirements of this
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part:
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(a) verifies that the entire county is not located in a metropolitan statistical area that is
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entirely located within Utah;
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(b) verifies that the county has a population of 50,000 or less; and
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(c) provides clear evidence of the need for development in the county.
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(2) A municipal applicant seeking designation as an enterprise zone shall file an
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application with the department that, in addition to complying with other requirements of this
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part:
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(a) verifies that the municipality [has a population of 10,000 persons or less] is a city of
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the fifth class or a town;
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(b) verifies that the municipality is within a county that has a population of 50,000 or
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less; and
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(c) provides clear evidence of the need for development in the municipality.
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(3) An application filed under Subsection (1) or (2) shall be in a form and in accordance
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with procedures approved by the department, and shall include the following information:
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(a) a plan developed by the county applicant or municipal applicant that identifies local
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contributions meeting the requirements of Section
9-2-405
;
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(b) the county applicant or municipal applicant has a development plan that outlines:
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(i) the types of investment and development within the zone that the county applicant
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or municipal applicant expects to take place if the incentives specified in this part are provided;
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(ii) the specific investment or development reasonably expected to take place;
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(iii) any commitments obtained from businesses;
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(iv) the projected number of jobs that will be created and the anticipated wage level of
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those jobs;
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(v) any proposed emphasis on the type of jobs created, including any affirmative action
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plans; and
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(vi) a copy of the county applicant's or municipal applicant's economic development
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plan to demonstrate coordination between the zone and overall county or municipal goals;
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(c) the county applicant's or municipal applicant's proposed means of assessing the
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effectiveness of the development plan or other programs to be implemented within the zone
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once they have been implemented;
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(d) any additional information required by the department; and
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(e) any additional information the county applicant or municipal applicant considers
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relevant to its designation as an enterprise zone.
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Section 2.
Section
10-1-104
is amended to read:
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10-1-104. Definitions.
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As used in this title:
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(1) "City" [includes] means a municipality that is classified by population as a city of
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the first class, a city of the second class, [and] a city of the third class, [as classified in] a city of
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the fourth class, or a city of the fifth class, under Section
10-2-301
.
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(2) "Contiguous" means:
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(a) if used to described an area, continuous, uninterrupted, and without an island of
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territory not included as part of the area; and
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(b) if used to describe an area's relationship to another area, sharing a common
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boundary.
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(3) "Governing body" means collectively the legislative body and the executive of any
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municipality. Unless otherwise provided:
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(a) in a city of the first or second class, the governing body is the city commission;
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(b) in a city of the third, fourth, or fifth class, the governing body is the city council;
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and
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(c) in a town, the governing body is the town council.
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(4) "Municipal" means of or relating to a municipality.
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(5) "Municipality" means a city of the first class, city of the second class, city of the
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third class, city of the fourth class, city of the fifth class, or a town, as classified in Section
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10-2-301
.
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(6) "Peninsula," when used to describe an unincorporated area, means an area
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surrounded on more than 1/2 of its boundary distance, but not completely, by incorporated
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territory and situated so that the length of a line drawn across the unincorporated area from an
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incorporated area to an incorporated area on the opposite side shall be less than 25% of the
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total aggregate boundaries of the unincorporated area.
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(7) "Person" means an individual, corporation, partnership, organization, association,
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trust, governmental agency, or any other legal entity.
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(8) "Provisions of law" shall include other statutes of the state of Utah and ordinances,
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rules, and regulations properly adopted by any municipality unless the construction is clearly
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contrary to the intent of state law.
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(9) "Recorder," unless clearly inapplicable, includes and applies to a town clerk.
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(10) "Town" means a municipality classified by population as a town [as classified in]
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under Section
10-2-301
.
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(11) "Unincorporated" means not within a municipality.
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Section 3.
Section
10-2-112
is amended to read:
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10-2-112. Ballot used at the incorporation election.
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(1) The ballot at the incorporation election under Subsection
10-2-111
(1) shall pose the
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incorporation question substantially as follows:
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Shall the area described as (insert a description of the proposed city) be incorporated as
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the city of (insert the proposed name of the proposed city)?
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(2) The ballot shall provide a space for the voter to answer yes or no to the question in
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Subsection (1).
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(3) (a) The ballot at the incorporation election shall also pose the question relating to
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the form of government substantially as follows:
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If the above incorporation proposal passes, under what form of municipal government
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shall (insert the name of the proposed city) operate? Vote for one:
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City (insert "Commission" for a city of the first or second class or "Council" for a city
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of the third, fourth, or fifth class) form
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Council-Mayor form
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Council-Manager form.
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(b) The ballot shall provide a space for the voter to vote for one form of government.
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(4) (a) The ballot at the incorporation election shall also pose the question of whether
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to elect city commission or council members by district substantially as follows:
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If the above incorporation proposal passes, shall members of the city (insert
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"commission" or "council," as the case may be) of (insert the name of the proposed city) be
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elected by district?
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(b) The ballot shall provide a space for the voter to answer yes or no to the question in
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Subsection (4)(a).
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Section 4.
Section
10-2-114
is amended to read:
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10-2-114. Determination of number of commission or council members --
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Determination of election districts -- Hearings and notice.
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(1) If the incorporation proposal passes, the petition sponsors shall, within 25 days of
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the canvass of the election under Section
10-2-111
:
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(a) if the voters at the incorporation election choose either the council-mayor or the
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council-manager form of government, determine the number of commission or council
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members that will constitute the commission or council of the future city;
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(b) if the voters at the incorporation election vote to elect commission or council
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members by district, determine the number of commission or council members to be elected by
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district and draw the boundaries of those districts, which shall be substantially equal in
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population;
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(c) determine the initial terms of the mayor and members of the city commission or
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council so that:
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(i) the mayor and approximately half the members of the city commission or council
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are elected to serve an initial term, of no less than one year, that allows their successors to serve
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a full four-year term that coincides with the schedule established in Subsection
10-3-203
(1) for
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a first class city, Subsection
10-3-204
(1) for a second class city, and Subsection
10-3-205
(1)
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for a third, fourth, or fifth class city; and
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(ii) the remaining members of the city commission or council are elected to serve an
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initial term, of no less than one year, that allows their successors to serve a full four-year term
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that coincides with the schedule established in Subsection
10-3-203
(2) for a first class city,
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Subsection
10-3-204
(2) for a second class city, and Subsection
10-3-205
(2) for a third, fourth,
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or fifth class city; and
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(d) submit in writing to the county legislative body the results of the sponsors'
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determinations under Subsections (1)(a), (b), and (c).
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(2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petition
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sponsors shall hold a public hearing within the future city on the applicable issues under
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Subsections (1)(a), (b), and (c).
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(b) (i) The petition sponsors shall publish notice of the public hearing under Subsection
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(2)(a) in a newspaper of general circulation within the future city at least once a week for two
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successive weeks before the hearing.
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(ii) The last publication of notice under Subsection (2)(b)(i) shall be at least three days
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before the public hearing under Subsection (2)(a).
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(c) (i) If there is no newspaper of general circulation within the future city, the petition
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sponsors shall post at least one notice of the hearing per 1,000 population in conspicuous
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places within the future city that are most likely to give notice of the hearing to the residents of
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the future city.
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(ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least seven
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days before the hearing under Subsection (2)(a).
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Section 5.
Section
10-2-125
is amended to read:
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10-2-125. Incorporation of a town.
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(1) (a) A contiguous area of a county not within a municipality, with a population of at
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least 100 but [not more] less than [800] 1,000, may incorporate as a town as provided in this
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section.
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(b) (i) The population figure under Subsection (1)(a) shall be derived from the most
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recent official census or census estimate of the United States Bureau of the Census.
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(ii) If the population figure is not available from the United States Bureau of the
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Census, the population figure shall be derived from the estimate from the Utah Population
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Estimates Committee.
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(2) (a) The process to incorporate an area as a town is initiated by filing a petition with
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the clerk of the county in which the area is located.
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(b) Each petition under Subsection (2)(a) shall:
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(i) be signed by the owners of private real property that:
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(A) is located within the area proposed to be incorporated;
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(B) covers a majority of the total private land area within the area; and
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(C) is equal in value to at least 1/3 of the value of all private real property within the
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area;
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(ii) state the legal description of the boundaries of the area proposed to be incorporated
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as a town; and
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(iii) substantially comply with and be circulated in the following form:
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PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
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town)
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To the Honorable County Legislative Body of (insert the name of the county in which
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the proposed town is located) County, Utah:
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We, the undersigned owners of real property within the area described in this petition,
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respectfully petition the county legislative body to examine the question of whether the area
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should incorporate as a town. Each of the undersigned affirms that each has personally signed
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this petition and is an owner of real property within the described area, and that the current
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residence address of each is correctly written after the signer's name. The area proposed to be
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incorporated as a town is described as follows: (insert an accurate description of the area
244
proposed to be incorporated).
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(c) A petition under this section may not describe an area that includes some or all of
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an area proposed for annexation in an annexation petition under Section
10-2-403
that:
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(i) was filed before the filing of the petition; and
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(ii) is still pending on the date the petition is filed.
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(3) Section
10-2-104
applies to a petition for incorporation as a town, except that the
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notice under Subsection
10-2-104
(1) shall be sent within seven calendar days of the filing of a
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petition under Subsection (2).
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(4) (a) A county legislative body may treat a petition filed under Subsection (2) as a
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request for a feasibility study under Section
10-2-103
and process it as a request under that
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section would be processed under this part to determine whether the feasibility study results
255
meet the requirements of Subsection
10-2-109
(3).
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(b) If the results of a feasibility study under Subsection (4)(a) do not meet the
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requirements of Subsection
10-2-109
(3), the county legislative body may not approve the
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incorporation petition.
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(c) If the results of the feasibility study under Subsection (4)(a) meet the requirements
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of Subsection
10-2-109
(3), the county legislative body may approve the incorporation petition,
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if the county legislative body determines that the incorporation is in the best interests of the
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citizens of the county and the proposed town.
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(5) Upon approval of a petition filed under Subsection (2), the legislative body of the
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county in which the proposed town is located shall appoint a mayor and members of the town
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council who shall hold office until the next regular municipal election and until their
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successors are elected and qualified.
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(6) (a) (i) Each mayor appointed under Subsection (5) shall, within seven days of
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appointment, file articles of incorporation of the new town with the lieutenant governor.
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(ii) The articles of incorporation shall meet the requirements of Subsection
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10-2-119
(2).
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(b) Within ten days of receipt of the articles of incorporation, the lieutenant governor
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shall:
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(i) certify the articles of incorporation;
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(ii) return a copy of the articles of incorporation to the appointed mayor; and
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(iii) send a copy of the articles of incorporation to the recorder of the county in which
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the town is located.
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(7) A town is incorporated upon the lieutenant governor's certification of the articles of
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incorporation.
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(8) (a) Within 30 days of incorporation, the legislative body of the new town shall
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record with the recorder of the county in which the new town is located a plat or map, prepared
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by a licensed surveyor and approved by the legislative body, showing the boundaries of the
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town.
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(b) The legislative body of the new town shall comply with the notice requirements of
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Section
10-1-116
.
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Section 6.
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] 65,000 or more but less than 100,000
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is a city of the second class.
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(c) A municipality with a population of [1,000] 30,000 or more but less than [60,000]
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65,000 is a city of the third class.
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(d) A municipality with a population of 10,000 or more but less than 30,000 is a city of
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the fourth class.
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(e) A municipality with a population of 1,000 or more but less than 10,000 is a city of
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the fifth class.
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[(d)] (f) A municipality with a population under 1,000 is a town.
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Section 7.
Section
10-2-405
is amended to read:
300
10-2-405. Acceptance or rejection of an annexation petition -- Modified petition.
301
(1) (a) (i) (A) A municipal legislative body may:
302
(I) except as provided in Subsection (1)(b) and subject to Subsection (1)(a)(i)(B), deny
303
a petition filed under Section
10-2-403
; or
304
(II) accept the petition for further consideration under this part.
305
(B) A petition shall be considered to have been accepted for further consideration
306
under this part if a municipal legislative body fails to act to deny or accept the petition under
307
Subsection (1)(a)(i)(A):
308
(I) in the case of a city of the first or second class, within 14 days after the filing of the
309
petition; or
310
(II) in the case of a city of the third, fourth, or fifth class or a town, at the next regularly
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scheduled meeting of the municipal legislative body that is at least 14 days after the date the
312
petition was filed.
313
(ii) If a municipal legislative body denies a petition under Subsection (1)(a)(i)(A), it
314
shall, within five days of the denial, mail written notice of the denial to the contact sponsor, the
315
clerk of the county in which the area proposed for annexation is located, and the chair of the
316
planning commission of each township in which any part of the area proposed for annexation is
317
located.
318
(b) A municipal legislative body may not deny a petition filed under Section
10-2-403
319
proposing to annex an area located in a county of the first class if:
320
(i) the petition contains the signatures of the owners of private real property that:
321
(A) is located within the area proposed for annexation;
322
(B) covers a majority of the private land area within the area proposed for annexation;
323
and
324
(C) is equal in value to at least 1/2 of the value of all private real property within the
325
area proposed for annexation;
326
(ii) the population in the area proposed for annexation does not exceed 10% of the
327
population of the proposed annexing municipality;
328
(iii) the property tax rate for municipal services in the area proposed to be annexed is
329
higher than the property tax rate of the proposed annexing municipality; and
330
(iv) all annexations by the proposed annexing municipality during the year that the
331
petition was filed have not increased the municipality's population by more than 20%.
332
(2) If the municipal legislative body accepts a petition under Subsection (1)(a)(i)(A) or
333
is considered to have accepted the petition under Subsection (1)(a)(i)(B), the city recorder or
334
town clerk, as the case may be, shall, within 30 days of that acceptance:
335
(a) with the assistance of the municipal attorney and of the clerk, surveyor, and
336
recorder of the county in which the area proposed for annexation is located, determine whether
337
the petition meets the requirements of Subsections
10-2-403
(2), (3), and (4); and
338
(b) (i) if the city recorder or town clerk determines that the petition meets those
339
requirements, certify the petition and mail or deliver written notification of the certification to
340
the municipal legislative body, the contact sponsor, the county legislative body, and the chair of
341
the planning commission of each township in which any part of the area proposed for
342
annexation is located; or
343
(ii) if the city recorder or town clerk determines that the petition fails to meet any of
344
those requirements, reject the petition and mail or deliver written notification of the rejection
345
and the reasons for the rejection to the municipal legislative body, the contact sponsor, the
346
county legislative body, and the chair of the planning commission of each township in which
347
any part of the area proposed for annexation is located.
348
(3) (a) (i) If the city recorder or town clerk rejects a petition under Subsection (2)(b)(ii),
349
the petition may be modified to correct the deficiencies for which it was rejected and then
350
refiled with the city recorder or town clerk, as the case may be.
351
(ii) A signature on an annexation petition filed under Section
10-2-403
may be used
352
toward fulfilling the signature requirement of Subsection
10-2-403
(2)(b) for the petition as
353
modified under Subsection (3)(a)(i).
354
(b) If a petition is refiled under Subsection (3)(a) after having been rejected by the city
355
recorder or town clerk under Subsection (2)(b)(ii), the refiled petition shall be treated as a
356
newly filed petition under Subsection
10-2-403
(1).
357
(4) Each county clerk, surveyor, and recorder shall cooperate with and assist a city
358
recorder or town clerk in the determination under Subsection (2)(a).
359
Section 8.
Section
10-3-105
is amended to read:
360
10-3-105. Governing body in cities of the third, fourth, and fifth class.
361
Except as provided under Subsection
10-2-303
(1)(f), the governing body of each city of
362
the third, fourth, or fifth class that has not adopted an optional form of government under Part
363
12, Alternative Forms of Municipal Government Act, shall be a council composed of six
364
members, one of whom shall be the mayor and the remaining five shall be council members.
365
Section 9.
Section
10-3-205
is amended to read:
366
10-3-205. Election of officers in cities of the third, fourth, and fifth class.
367
In [cities] each city of the third, fourth, or fifth class, the election and terms of office
368
shall be as follows:
369
(1) The offices of mayor and two council members shall be filled in municipal
370
elections held in 1977. The terms shall be for four years. These offices shall be filled every
371
four years in municipal elections.
372
(2) The offices of the other three council members shall be filled in a municipal
373
election held in 1979. The terms shall be for four years. These offices shall be filled every
374
four years in municipal elections.
375
Section 10.
Section
10-3-205.5
is amended to read:
376
10-3-205.5. At-large election of officers of first, second, and third class -- Election
377
of commissioners or council members.
378
(1) Except as provided in Subsection (2), the officers of each [first, second, and third
379
class] city shall be elected in an at-large election held at the time and in the manner provided
380
for electing municipal officers.
381
(2) (a) Notwithstanding Subsection (1), the governing body of a [first, second, or third
382
class] city may by ordinance provide for the election of some or all commissioners or council
383
members, as the case may be, by district equal in number to the number of commissioners or
384
council members elected by district.
385
(b) (i) Each district shall be of substantially equal population as the other districts.
386
(ii) Within six months after the Legislature completes its redistricting process, the
387
governing body of each [municipality] city that has adopted an ordinance under Subsection
388
(2)(a) shall make any adjustments in the boundaries of the districts as may be required to
389
maintain districts of substantially equal population.
390
Section 11.
Section
10-3-208
is amended to read:
391
10-3-208. Campaign financial disclosure in municipal elections.
392
(1) (a) (i) [By August 1, 1995, each] Each first [and], second [class city and each],
393
third, and fourth class city [having a population of 10,000 or more] shall adopt an ordinance
394
establishing campaign finance disclosure requirements for candidates for city office.
395
(ii) [By August 1, 2001, each third] Each fifth class city [with a population under
396
10,000] and [each] town shall adopt an ordinance establishing campaign finance disclosure
397
requirements for candidates for city or town office who:
398
(A) receive more than $750 in campaign contributions; or
399
(B) spend more than $750 on their campaign for city or town office.
400
(b) The ordinance required under Subsection (1)(a) shall include:
401
(i) a requirement that each candidate for municipal office to whom the ordinance
402
applies report the candidate's itemized and total campaign contributions and expenditures at
403
least once seven days before the municipal general election and at least once 30 days after the
404
municipal general election;
405
(ii) a definition of "contribution" and "expenditure" that requires reporting of
406
nonmonetary contributions such as in-kind contributions and contributions of tangible things;
407
and
408
(iii) a requirement that the financial reports identify:
409
(A) for each contribution of more than $50, the name of the donor of the contribution
410
and the amount of the contribution; and
411
(B) for each expenditure, the name of the recipient and the amount of the expenditure.
412
(2) (a) Except as provided in Subsection (2)(b), if a city or town fails to adopt a
413
campaign finance disclosure ordinance as required under Subsection (1), candidates for office
414
in that city or town shall comply with the financial reporting requirements contained in
415
Subsections (3) through (6).
416
(b) (i) If a city or town adopts a campaign finance disclosure ordinance that meets the
417
requirements of Subsection (1), that city or town need not comply with the requirements of
418
Subsections (3) through (6).
419
(ii) Subsection (2)(a) and the financial reporting requirements of Subsections (3)
420
through (6) do not apply to a candidate for municipal office who:
421
(A) is a candidate for municipal office in a fifth class city [with a population under
422
10,000] or a town; and
423
(B) (I) receives $750 or less in campaign contributions; and
424
(II) spends $750 or less on the candidate's campaign for municipal office.
425
(3) If there is no municipal ordinance meeting the requirements of this section upon the
426
dates specified in Subsection (1), each candidate for elective municipal office shall file a signed
427
campaign financial statement with the city recorder:
428
(a) seven days before the date of the municipal general election, reporting each
429
contribution of more than $50 and each expenditure as of ten days before the date of the
430
municipal general election; and
431
(b) no later than 30 days after the date of the municipal general election.
432
(4) (a) The statement filed seven days before the municipal general election shall
433
include:
434
(i) a list of each contribution of more than $50 received by the candidate, and the name
435
of the donor;
436
(ii) an aggregate total of all contributions of $50 or less received by the candidate; and
437
(iii) a list of each expenditure for political purposes made during the campaign period,
438
and the recipient of each expenditure.
439
(b) The statement filed 30 days after the municipal general election shall include:
440
(i) a list of each contribution of more than $50 received after the cutoff date for the
441
statement filed seven days before the election, and the name of the donor;
442
(ii) an aggregate total of all contributions of $50 or less received by the candidate after
443
the cutoff date for the statement filed seven days before the election; and
444
(iii) a list of all expenditures for political purposes made by the candidate after the
445
cutoff date for the statement filed seven days before the election, and the recipient of each
446
expenditure.
447
(5) Candidates for elective municipal office who are eliminated at a primary election
448
shall file a signed campaign financial statement containing the information required by this
449
section not later than 30 days after the primary election.
450
(6) Any person who fails to comply with this section is guilty of an infraction.
451
(7) A city or town may, by ordinance, enact requirements that:
452
(a) require greater disclosure of campaign contributions and expenditures; and
453
(b) impose additional penalties.
454
(8) (a) If a candidate fails to file an interim report due before the municipal general
455
election, the city recorder shall, after making a reasonable attempt to discover if the report was
456
timely mailed, inform the appropriate election officials who:
457
(i) shall, if practicable, remove the name of the candidate by blacking out the
458
candidate's name before the ballots are delivered to voters; or
459
(ii) shall, if removing the candidate's name from the ballot is not practicable, inform
460
the voters by any practicable method that the candidate has been disqualified and that votes
461
cast for the candidate will not be counted; and
462
(iii) may not count any votes for that candidate.
463
(b) Notwithstanding Subsection (8)(a), a candidate is not disqualified if:
464
(i) the candidate files the reports required by this section;
465
(ii) those reports are completed, detailing accurately and completely the information
466
required by this section except for inadvertent omissions or insignificant errors or inaccuracies;
467
and
468
(iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
469
the next scheduled report.
470
(9) (a) Any private party in interest may bring a civil action in district court to enforce
471
the provisions of this section or any ordinance adopted under this section.
472
(b) In a civil action filed under Subsection (9)(a), the court may award costs and
473
attorney's fees to the prevailing party.
474
Section 12.
Section
10-3-402
is amended to read:
475
10-3-402. Mayor in third, fourth, or fifth class city -- Mayor may not vote --
476
Exceptions.
477
The mayor in a city of the third, fourth, or fifth class may not vote, except in case of a
478
tie vote of the council or in the appointment or dismissal of a city manager under Section
479
10-3-830
.
480
Section 13.
Section
10-3-502
is amended to read:
481
10-3-502. Meetings in cities of the third, fourth, or fifth class and towns.
482
In [cities] each city of the third, fourth, or fifth class and [towns] each town, the
483
governing body shall by ordinance prescribe the time and place for holding its regular meeting
484
which shall be held at least once each month. If at any time the business of such city or town
485
requires a special meeting of the governing body, such meeting may be ordered by the mayor or
486
any two members of the governing body. The order shall be entered in the minutes of the
487
governing body. The order shall provide at least three hours' notice of the special meeting and
488
notice thereof shall be served by the recorder or clerk on each member who did not sign the
489
order by delivering the notice personally or by leaving it at the member's usual place of abode.
490
The personal appearance by a member at any specially called meeting constitutes a waiver of
491
the notice required in this section.
492
Section 14.
Section
10-3-504
is amended to read:
493
10-3-504. Quorum defined.
494
The number of members of the governing body necessary to constitute a quorum is, in:
495
[(a) cities] (1) a city of the first class, three or more;
496
[(b) cities] (2) a city of the second class, two or more;
497
[(c) cities] (3) a city of the third, fourth, or fifth class, three or more;
498
[(d) towns] (4) a town, three or more.
499
Section 15.
Section
10-3-507
is amended to read:
500
10-3-507. Minimum vote required.
501
(1) The minimum number of yes votes required to pass any ordinance, resolution, or to
502
take any action by the governing body unless otherwise prescribed by law, shall be a majority
503
of the members of the quorum, but shall never be less than:
504
(a) three in [cities] a city of the first class;
505
(b) two in [cities] a city of the second class;
506
(c) three in [cities] a city of the third, fourth, or fifth class; and
507
(d) three in [towns] a town.
508
(2) Any ordinance, resolution, or motion of the governing body having fewer favorable
509
votes than required [herein] in this section shall be [deemed] considered defeated and invalid,
510
except a meeting may be adjourned to a specific time by a majority vote of the governing body
511
even though such majority vote is less than that required [herein] in this section.
512
(3) A majority of the members of the governing body, regardless of number, may fill
513
any vacancy in the governing body.
514
Section 16.
Section
10-3-609
is amended to read:
515
10-3-609. Action on committee reports.
516
Final action on any report of any committee appointed by the governing body shall be
517
deferred to the next regular meeting of the governing body on the request of any two members,
518
except that the council in [cities] a city of the third, fourth, or fifth class [and towns] or a town
519
may call a special meeting to consider final action.
520
Section 17.
Section
10-3-808
is amended to read:
521
10-3-808. Administration vested in mayor.
522
The administrative powers, authority, and duties in [cities] a city of the third, fourth, or
523
fifth class and [towns] a town are vested in the mayor.
524
Section 18.
Section
10-3-809
is amended to read:
525
10-3-809. Powers of mayors in a city of third, fourth, or fifth class or a town.
526
(1) The mayor in a city of the third, fourth, or fifth class or a town is the chief
527
executive officer to whom all employees of the municipality shall report.
528
(2) The mayor shall:
529
(a) keep the peace and enforce the laws of the city or town;
530
(b) remit fines and forfeitures;
531
(c) report remittances under Subsection (2)(b) to the council at its next regular session;
532
(d) perform all duties prescribed by law, resolution, or ordinance;
533
(e) ensure that all the laws, ordinances, and resolutions are faithfully executed and
534
observed;
535
(f) report to the council the condition of the city or town and recommend for council
536
consideration any measures that the mayor considers to be in the best interests of the city or
537
town;
538
(g) when necessary, call on the residents of the city or town over the age of 21 years to
539
assist in enforcing the laws of the state and ordinances of the municipality;
540
(h) appoint, with the advice and consent of the council, persons to fill municipal offices
541
or vacancies on commissions or committees of the municipality; and
542
(i) report to the council any release granted under Subsection (4)(b).
543
(3) Subsection (2)(h) does not apply to the appointment of a manager under Section
544
10-3-830
.
545
(4) The mayor may:
546
(a) at any reasonable time, examine and inspect the official books, papers, records, or
547
documents of the city or town or any officer, employee, or agent of the city or town; and
548
(b) release any person imprisoned for violation of any municipal ordinance.
549
Section 19.
Section
10-3-810
is amended to read:
550
10-3-810. Additional powers and duties of elected officials in a city of the third,
551
fourth, or fifth class or a town.
552
[All cities] A city of the third, fourth, or fifth class [and towns] or a town may by
553
resolution prescribe additional duties, powers, and responsibilities for any elected or appointed
554
official which are not prohibited by any specific statute, except that the mayor may not serve as
555
recorder and neither the mayor nor the recorder may serve as treasurer. A justice court judge
556
may not hold any other municipal office or position of employment with the municipality.
557
Section 20.
Section
10-3-811
is amended to read:
558
10-3-811. Members of the governing body may be appointed to administration in
559
a city of the third, fourth, or fifth class or a town.
560
The mayor of any city of the third, fourth, or fifth class or the mayor of any town may,
561
with the advice and consent of the majority of the governing body, assign or appoint any
562
member or members of the governing body to administer one or more departments of the
563
municipality and shall by ordinance provide the salary for the administrator or administrators.
564
Section 21.
Section
10-3-812
is amended to read:
565
10-3-812. Change of duties in a city of the third, fourth, or fifth class or a town.
566
The mayor of a city of the third, fourth, or fifth class or a town may, with the
567
concurrence of a majority of the governing body, change the administrative assignment of any
568
member of the governing body who is serving in any administrative position in the municipal
569
government.
570
Section 22.
Section
10-3-916
is amended to read:
571
10-3-916. Appointment of recorder and treasurer in a city of third, fourth, or
572
fifth class or a town -- Vacancies in office.
573
(1) In each city of the third, fourth, or fifth class and in each town, on or before the first
574
Monday in February following a municipal election, the mayor, with the advice and consent of
575
the city council, shall appoint a qualified person to each of the offices of city recorder and
576
treasurer.
577
(2) The city recorder is ex officio the city auditor and shall perform the duties of that
578
office.
579
(3) The mayor, with the advice and consent of the council, may also appoint and fill
580
vacancies in all offices provided for by law or ordinance.
581
(4) All appointed officers shall continue in office until their successors are appointed
582
and qualified.
583
Section 23.
Section
10-3-917
is amended to read:
584
10-3-917. Engineer in a city of the third, fourth, or fifth class or town.
585
The governing body of [cities] a city of the third, fourth, or fifth class [and towns] or a
586
town may by ordinance establish the office of municipal engineer and prescribe the duties and
587
obligations for that office which are consistent with the duties and obligations of the city
588
engineer in cities of the first and second class. [Where] If a city of the third, fourth, or fifth
589
class or town uses the engineer employed by the county in which the municipality is located,
590
the municipality may, by ordinance prescribe for its municipal engineer either the duties of a
591
municipal engineer or, if different, the duties of the county engineer, or a combination of
592
duties.
593
Section 24.
Section
10-3-918
is amended to read:
594
10-3-918. Chief of police or marshal in a city of the third, fourth, or fifth class or
595
town.
596
The chief of police or marshal in [a] each city of the third, fourth, or fifth class or town:
597
(1) shall:
598
(a) exercise and perform the duties that are prescribed by the legislative body;
599
(b) be under the direction, control, and supervision of the person or body that appointed
600
the chief or marshal; and
601
(c) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
602
detention, or search of any person when the action is solely motivated by considerations of
603
race, color, ethnicity, age, or gender; and
604
(2) may, with the consent of the person or body that appointed the chief or marshal,
605
appoint assistants to the chief of police or marshal.
606
Section 25.
Section
10-3-919
is amended to read:
607
10-3-919. Powers, duties, and obligations of police chief, marshal, and their
608
assistants in a city of the third, fourth, or fifth class or town.
609
The chief of police, marshals, and their assistants in [cities] a city of the third, fourth, or
610
fifth class [and towns] or town shall have all of the powers, rights, and duties respectively
611
conferred on such officers in Sections
10-3-913
through
10-3-915
.
612
Section 26.
Section
10-3-920
is amended to read:
613
10-3-920. Bail commissioner -- Powers and duties.
614
(1) With the advice and consent of the city council and the board of commissioners in
615
other cities, the mayor of a city of the third, fourth, or fifth class may appoint from among the
616
officers and members of the police department of the city one or more discreet persons as a bail
617
commissioner.
618
(2) A bail commissioner shall have authority to fix and receive bail for a person
619
arrested within the corporate limits of the city in accordance with the uniform bail schedule
620
adopted by the Judicial Council or a reasonable bail for city ordinances not contained in the
621
schedule for:
622
(a) misdemeanors under the laws of the state; or
623
(b) violation of the city ordinances.
624
(3) A person who has been ordered by a bail commissioner to give bail may deposit
625
with the bail commissioner the amount:
626
(a) in money, by cash, certified or cashier's check, personal check with check guarantee
627
card, money order, or credit card, if the bail commissioner has chosen to establish any of those
628
options; or
629
(b) by a bond issued by a bail bond surety qualified under the rules of the Judicial
630
Council.
631
(4) Any money or bond collected by a bail commissioner shall be delivered to the
632
appropriate court within three days of receipt of the money or bond.
633
(5) The court may review the amount of bail ordered by a bail commissioner and
634
modify the amount of bail required for good cause.
635
Section 27.
Section
10-3-1208
is amended to read:
636
10-3-1208. Election of officers -- When new government operative --
637
Compensation of officials without position in new government.
638
Upon approval of an optional form of government by a municipality pursuant to this
639
part, election of officers shall be held in the municipality on the Tuesday next following the
640
first Monday in November following approval of the optional form, or on the same day in the
641
year next following, whichever day falls in an odd-numbered year. The new government shall
642
become effective at 12 [o'clock] noon on the first Monday of January following the election of
643
officers. Elected officials of the municipality whose positions would no longer exist as a result
644
of the adoption of a form of government provided for in this [act] part shall be paid at the same
645
rate until the date on which their terms would have expired, if they hold no municipal office in
646
the new government for which they are regularly compensated. At their option, former
647
commissioners of a first and second class [cities] city, council members of third, fourth, or fifth
648
class [cities] city, or board members of [towns] a town may serve as one of the council
649
members for the remainder of their term.
650
Section 28.
Section
10-3-1212
is amended to read:
651
10-3-1212. Meetings of council -- Access to records.
652
(1) In municipalities organized under an optional form of government provided for in
653
this [act] part, the council shall prescribe by ordinance the time and place of its regular
654
meetings provided that the council shall hold at least two public meetings each month in [cities
655
with 3,000 or more population] a city of the first, second, third, or fourth class and at least one
656
meeting each month in [municipalities with less than 3,000 population] a city of the fifth class
657
or town. All meetings of the council shall be held in compliance with the provisions of Title
658
52, Chapter 4, [relating to] Open and Public Meetings.
659
(2) The books, records, and accounts of the council shall be kept at the office of the
660
city recorder or town clerk. Individual citizens or citizen groups may have access to all public
661
records with the exception of personnel records, which have not been classified as confidential
662
for public policy purposes.
663
Section 29.
Section
10-6-106
is amended to read:
664
10-6-106. Definitions.
665
As used in this chapter:
666
(1) "Account group" is defined by generally accepted accounting principles as reflected
667
in the Uniform Accounting Manual for Utah Cities.
668
(2) "Appropriation" means an allocation of money by the governing body for a specific
669
purpose.
670
(3) (a) "Budget" means a plan of financial operations for a fiscal period which
671
embodies estimates of proposed expenditures for given purposes and the proposed means of
672
financing them.
673
(b) "Budget" may refer to the budget of a particular fund for which a budget is required
674
by law or it may refer collectively to the budgets for all such funds.
675
(4) "Budgetary fund" means a fund for which a budget is required.
676
(5) "Budget officer" means the city auditor in [cities] a city of the first and second
677
class, the mayor or some person appointed by the mayor with the approval of the city council in
678
[cities] a city of the third, fourth, or fifth class, the mayor in the council-mayor optional form of
679
government, or the person designated by the charter in a charter [cities] city.
680
(6) "Budget period" means the fiscal period for which a budget is prepared.
681
(7) "Check" means an order in a specific amount drawn upon a depository by an
682
authorized officer of a city.
683
(8) "Current period" means the fiscal period in which a budget is prepared and adopted,
684
i.e., the fiscal period next preceding the budget period.
685
(9) "Department" means any functional unit within a fund that carries on a specific
686
activity, such as a fire or police department within a General Fund.
687
(10) "Encumbrance system" means a method of budgetary control in which part of an
688
appropriation is reserved to cover a specific expenditure by charging obligations, such as
689
purchase orders, contracts, or salary commitments to an appropriation account at their time of
690
origin. Such obligations cease to be encumbrances when paid or when the actual liability is
691
entered on the city's books of account.
692
(11) "Estimated revenue" means the amount of revenue estimated to be received from
693
all sources during the budget period in each fund for which a budget is being prepared.
694
(12) "Financial officer" means the mayor in the council-mayor optional form of
695
government or the city official as authorized by Section
10-6-158
.
696
(13) "Fiscal period" means the annual or biennial period for accounting for fiscal
697
operations in each city.
698
(14) "Fund" is as defined by generally accepted accounting principles as reflected in
699
the Uniform Accounting Manual for Utah Cities.
700
(15) "Fund balance," "retained earnings," and "deficit" have the meanings commonly
701
accorded such terms under generally accepted accounting principles as reflected in the Uniform
702
Accounting Manual for Utah Cities.
703
(16) "Governing body" means a city council, or city commission, as the case may be,
704
but the authority to make any appointment to any position created by this chapter is vested in
705
the mayor in the council-mayor optional form of government.
706
(17) "Interfund loan" means a loan of cash from one fund to another, subject to future
707
repayment and does not constitute an expenditure or a use of retained earnings or fund balance
708
of the lending fund or revenue to the borrowing fund.
709
(18) "Last completed fiscal period" means the fiscal period next preceding the current
710
period.
711
(19) "Public funds" means any money or payment collected or received by an officer or
712
employee of the city acting in an official capacity and includes money or payment to the officer
713
or employee for services or goods provided by the city, or the officer or employee while acting
714
within the scope of employment or duty. Public funds do not include money or payments
715
collected or received by an officer or employee of a city for charitable purposes if the mayor or
716
city council has consented to the officer's or employee's participation in soliciting contributions
717
for a charity.
718
(20) "Special fund" means any fund other than the General Fund.
719
(21) "Warrant" means an order drawn upon the city treasurer, in the absence of
720
sufficient money in the city's depository, by an authorized officer of a city for the purpose of
721
paying a specified amount out of the city treasury to the person named or to the bearer as
722
money becomes available.
723
Section 30.
Section
10-6-111
is amended to read:
724
10-6-111. Tentative budget to be prepared -- Contents -- Estimate of expenditures
725
-- Budget message -- Review by governing body.
726
(1) On or before the first regularly scheduled meeting of the governing body in the last
727
May of the current period, the budget officer shall prepare for the ensuing fiscal period, on
728
forms provided by the state auditor, and file with the governing body, a tentative budget for
729
each fund for which a budget is required. The tentative budget of each fund shall set forth in
730
tabular form the following:
731
(a) Actual revenues and expenditures in the last completed fiscal period.
732
(b) Budget estimates for the current fiscal period.
733
(c) Actual revenues and expenditures for a period of [six] 6 to 21 months, as
734
appropriate, of the current fiscal period.
735
(d) Estimated total revenues and expenditures for the current fiscal period.
736
(e) The budget officer's estimates of revenues and expenditures for the budget period,
737
computed in the following manner:
738
(i) The budget officer shall estimate, on the basis of demonstrated need, the
739
expenditures for the budget period after a review of the budget requests and estimates of the
740
department heads. Each department head shall be heard by the budget officer prior to making
741
of the final estimates, but the officer may revise any department's estimate as the officer
742
considers advisable for the purpose of presenting the budget to the governing body.
743
(ii) The budget officer shall estimate the amount of revenue available to serve the
744
needs of each fund, estimate the portion to be derived from all sources other than general
745
property taxes, and estimate the portion that must be derived from general property taxes.
746
From the latter estimate the officer shall compute and disclose in the budget the lowest rate of
747
property tax levy that will raise the required amount of revenue, calculating the levy upon the
748
latest taxable value.
749
(f) If the governing body elects, actual performance experience to the extent
750
established by Section
10-6-154
and available in work units, unit costs, man hours, or man
751
years for each budgeted fund on an actual basis for the last completed fiscal period, and
752
estimated for the current fiscal period and for the ensuing budget period.
753
(2) (a) Each tentative budget, when filed by the budget officer with the governing body,
754
shall contain the estimates of expenditures submitted by department heads, together with
755
specific work programs and such other supporting data as this chapter requires or the governing
756
body may request. [First and second-class cities] Each city of the first or second class shall,
757
and [third-class cities] a city of the third, fourth, or fifth class may, submit a supplementary
758
estimate of all capital projects which each department head believes should be undertaken
759
within the next three succeeding years.
760
(b) Each tentative budget submitted by the budget officer to the governing body shall
761
be accompanied by a budget message, which shall explain the budget, contain an outline of the
762
proposed financial policies of the city for the budget period, and shall describe the important
763
features of the budgetary plan. It shall set forth the reasons for salient changes from the
764
previous fiscal period in appropriation and revenue items and shall explain any major changes
765
in financial policy.
766
(3) Each tentative budget shall be reviewed, considered, and tentatively adopted by the
767
governing body in any regular meeting or special meeting called for the purpose and may be
768
amended or revised in such manner as is considered advisable prior to public hearings, except
769
that no appropriation required for debt retirement and interest or reduction of any existing
770
deficits pursuant to Section
10-6-117
, or otherwise required by law or ordinance, may be
771
reduced below the minimums so required.
772
(4) [In the event] If the municipality is acting pursuant to Section
10-2-120
, the
773
tentative budget shall be submitted to the governing body 60 days prior to the intended filing of
774
the articles of incorporation and shall cover each fund for which a budget is required from the
775
date of incorporation to the end of the fiscal year. The governing body shall substantially
776
comply with all other provisions of this act, and the budget shall be passed upon incorporation.
777
Section 31.
Section
10-6-135
is amended to read:
778
10-6-135. Operating and capital budgets.
779
(1) On or before the time the governing body adopts budgets for the funds set forth in
780
Section
10-6-109
, it shall adopt for the ensuing fiscal period an "operating and capital budget"
781
for each enterprise fund and shall adopt the type of budget for other special funds as required
782
by the Uniform Accounting Manual for Utah Cities.
783
(2) An "operating and capital budget," for purposes of this section, means a plan of
784
financial operation for an enterprise or other required special fund, embodying estimates of
785
operating resources and expenses and other outlays for a fiscal period. Except as otherwise
786
expressly provided, the reference to "budget" or "budgets" and the procedures and controls
787
relating to them in other sections of this chapter do not apply or refer to the "operating and
788
capital budgets" provided for in this section.
789
(3) "Operating and capital budgets" shall be adopted and administered in the following
790
manner:
791
(a) On or before the first regularly scheduled meeting of the governing body in the last
792
May of the current period, the budget officer shall prepare for the ensuing fiscal period and file
793
with the governing body a tentative operating and capital budget for each enterprise fund and
794
for other required special funds, together with specific work programs as submitted by the
795
department head and any other supporting data required by the governing body.
796
(b) [First and second-class cities] Each city of the first or second class shall, and
797
[third-class cities] a city of the third, fourth, or fifth class may, submit a supplementary
798
estimate of all capital projects which the department head believes should be undertaken within
799
the three next succeeding fiscal periods.
800
(c) The budget officer shall prepare estimates in cooperation with the appropriate
801
department heads. Each department head shall be heard by the budget officer prior to making
802
final estimates, but thereafter the officer may revise any department's estimate for the purpose
803
of presenting the budget to the governing body.
804
(d) If within any enterprise fund, allocations or transfers which cannot be defined as a
805
reasonable allocation of costs between funds are included in a tentative budget, a written notice
806
as to date, time, place, and purpose of the hearing is to be mailed to utility fund customers at
807
least seven days prior to the hearing.
808
(4) The tentative budget or budgets shall be reviewed and considered by the governing
809
body at any regular meeting or special meeting called for that purpose. The governing body
810
may make changes in the tentative budgets.
811
(5) Budgets for enterprise or other required special funds shall comply with the public
812
hearing requirements established in Sections
10-6-113
and
10-6-114
.
813
(6) Before the last June 30 of each fiscal period, or, in the case of a property tax
814
increase under Sections
59-2-919
through
59-2-923
, before August 31 of the year for which a
815
property tax increase is proposed, the governing body shall adopt an operating and capital
816
budget for each applicable fund for the ensuing fiscal period. A copy of the budget as finally
817
adopted for each fund shall be:
818
(a) certified by the budget officer;
819
(b) filed by the officer in the office of the city auditor or city recorder;
820
(c) available to the public during regular business hours; and
821
(d) filed with the state auditor within 30 days after adoption.
822
(7) Upon final adoption, the operating and capital budget shall be in effect for the
823
budget period, subject to later amendment. During the budget period the governing body may,
824
in any regular meeting or special meeting called for that purpose, review any one or more of the
825
operating and capital budgets for the purpose of determining if the total of any of them should
826
be increased. [In the event] If the governing body decides that the budget total of one or more
827
of these funds should be increased, the procedures set forth in Section
10-6-136
shall be
828
followed.
829
(8) Expenditures from operating and capital budgets shall conform to the requirements
830
relating to budgets specified in Sections
10-6-121
through
10-6-126
.
831
Section 32.
Section
10-6-139
is amended to read:
832
10-6-139. City auditor or recorder -- Bookkeeping duties -- Duties with respect to
833
payment of claims.
834
(1) The city auditor in [cities] each city of the first and second class, and the city
835
recorder in [cities] each city of the third, fourth, or fifth class shall maintain the general books
836
for each fund of the city and all subsidiary records relating thereto, including a list of the
837
outstanding bonds, their purpose, amount, terms, date, and place payable.
838
(2) (a) The city auditor or city recorder, as appropriate, shall keep accounts with all
839
receiving and disbursing officers of the city, shall preaudit all claims and demands against the
840
city before they are allowed, and shall prepare the necessary checks in payment. [Such]
841
(b) Those checks shall include an appropriate certification pursuant to Section
11-1-1
,
842
examples of which shall be presented in the Uniform Accounting Manual for Utah Cities.
843
(c) The city auditor or city recorder shall also certify on the voucher or check copy, as
844
appropriate, that:
845
[(1)] (i) the claim has been preaudited and documented[,];
846
[(2)] (ii) the claim has been approved in one of the following ways:
847
[(a)] (A) purchase order directly approved by the mayor in the council-mayor optional
848
form of government, or the governing body or its delegate in other cities;
849
[(b)] (B) claim directly approved by the governing body; or
850
[(c)] (C) claim approved by the financial officer[,];
851
[(3)] (iii) the claim is within the lawful debt limit of the city[,]; and
852
[(4)] (iv) the claim does not overexpend the appropriate departmental budget
853
established by the governing body.
854
Section 33.
Section
10-6-148
is amended to read:
855
10-6-148. Monthly and quarterly financial reports -- Cities of the third, fourth,
856
and fifth class.
857
The city recorder or other delegated person in [cities] each city of the third, fourth, or
858
fifth class shall prepare and present to the governing body monthly summary financial reports
859
and quarterly detail financial reports, prepared in the manner prescribed in the Uniform
860
Accounting Manual for Utah Cities.
861
Section 34.
Section
10-6-153
is amended to read:
862
10-6-153. Municipal government fiscal committee created -- Members -- Terms --
863
Vacancies -- Recommendations.
864
(1) There is hereby created a municipal government fiscal committee, the members of
865
which shall be:
866
(a) all auditors of cities of the first class and two auditors from cities of the second
867
class appointed by the state auditor;
868
(b) four elected or appointed municipal officials, two of whom shall be from larger
869
cities of the third class [and two], one of whom shall be from [smaller] cities of the [third]
870
fourth class, and one of whom shall be from cities of the fifth class, appointed by the state
871
auditor from a list recommended by the Utah League of Cities and Towns; and
872
(c) two additional members who are knowledgeable in the area of municipal fiscal
873
affairs appointed by the state auditor.
874
(2) (a) Members shall be appointed to four-year terms on the committee, provided that
875
the term of an elected or appointed official shall terminate upon ceasing to be an elected
876
official or an employee of the city for which such person worked when appointed.
877
(b) Notwithstanding the requirements of Subsection (2)(a), the auditor shall, at the time
878
of appointment or reappointment, adjust the length of terms to ensure that the terms of
879
committee members are staggered so that approximately half of the committee is appointed
880
every two years.
881
(3) Any vacancy shall be filled by the state auditor from the same class as the original
882
appointment as described in Subsection (1). Members may be reappointed.
883
(4) The advisory committee shall assist, advise, and make recommendations to the
884
state auditor in the preparation of uniform accounting and reporting procedures and program
885
and performance accounting, budgeting, and reporting for cities.
886
(5) (a) Members shall receive no compensation or benefits for their services, but may
887
receive per diem and expenses incurred in the performance of the member's official duties at
888
the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
889
(b) Members may decline to receive per diem and expenses for their service.
890
(c) Local government members who do not receive salary, per diem, or expenses from
891
the entity that they represent for their service may receive per diem and expenses incurred in
892
the performance of their official duties at the rates established by the Division of Finance under
893
Sections
63A-3-106
and
63A-3-107
.
894
(d) Local government members may decline to receive per diem and expenses for their
895
service.
896
Section 35.
Section
10-6-154
is amended to read:
897
10-6-154. Duties of state auditor and committee -- Adoption and expansion of
898
uniform system.
899
(1) The state auditor with the assistance, advice, and recommendations of the
900
municipal government fiscal committee shall:
901
(a) prescribe uniform accounting and reporting procedures for cities, in conformity
902
with generally accepted accounting principles;
903
(b) conduct a continuing review and modification of such procedures to improve them;
904
(c) prepare and supply each city with suitable budget and reporting forms; and
905
(d) prepare instructional materials, conduct training programs and render other services
906
deemed necessary to assist cities in implementing the uniform accounting, budgeting and
907
reporting procedures.
908
(2) The Uniform Accounting Manual for Utah Cities shall prescribe reasonable
909
exceptions and modifications for [smaller third] fourth and fifth class cities to the uniform
910
system of accounting, budgeting, and reporting.
911
(3) The advisory committee shall establish and conduct a continuing review of
912
suggested measurements and procedures for program and performance budgeting and reporting
913
which may be evaluated on a statewide basis.
914
(4) Cities may expand the uniform accounting and reporting procedures to better serve
915
their needs; however, no deviations from or alterations to the basic prescribed classification
916
systems for the identity of funds and accounts shall be made.
917
Section 36.
Section
10-6-157
is amended to read:
918
10-6-157. Director of finance in certain cities.
919
The governing body of [third] a city of the third, fourth, or fifth class [cities] may, and
920
the cities under an optional form of city government shall, by resolution or ordinance, create a
921
director of finance position to perform the financial duties and responsibilities of the city
922
recorder in third, fourth, and fifth class cities or the city auditor in first and second class cities,
923
as established by this chapter. The director of finance shall be a qualified person appointed and
924
removed with the advice and consent of the governing body, and may not assume the duties of
925
the city treasurer. The governing body may also adopt the financial administrative duties of the
926
director of finance prescribed in the Uniform Accounting Manual for Utah Cities.
927
Section 37.
Section
10-7-7
is amended to read:
928
10-7-7. Bond issues for water, light, and sewers.
929
[Any] (1) A city of the first or second class may incur an indebtedness, not exceeding
930
in the aggregate with all other indebtedness [eight per cent] 8% of the value of the taxable
931
property [therein] in the city, for the purpose of supplying [such] the city with water, artificial
932
light, or sewers, when the works for supplying [such] the water, light, and sewers [shall be] are
933
owned and controlled by the [municipality] city. [Any]
934
(2) A city of the third, fourth, or fifth class [and any] or a town may become indebted
935
to an amount not exceeding in the aggregate with all other indebtedness [twelve per cent] 12%
936
of the value of the taxable property [therein] in the city or town for the purpose of supplying
937
[such] the city or town with water, artificial light, or sewers, when the works for supplying
938
[such] the water, light, and sewers [shall be] are owned and controlled by the [municipality]
939
city or town.
940
Section 38.
Section
10-8-90
is amended to read:
941
10-8-90. Ownership and operation of hospitals.
942
[Cities] Each city of the third, fourth, or fifth class and [towns] each town of the state
943
[of Utah are hereby] is authorized to construct, own, and operate hospitals and to join with
944
other cities, towns, and counties in the construction, ownership, and operation of hospitals.
945
Section 39.
Section
10-8-91
is amended to read:
946
10-8-91. Levy of tax by cities of the third, fourth, and fifth class and towns.
947
[Cities] A city of the third, fourth, or fifth class [and towns of the state are authorized
948
to] or a town may levy a tax not exceeding .001 per dollar of taxable value of taxable property
949
for the purposes [above-mentioned] stated in Section
10-8-90
.
950
Section 40.
Section
10-9-307
is amended to read:
951
10-9-307. Plans for moderate income housing.
952
(1) The availability of moderate income housing is an issue of statewide concern. To
953
this end:
954
(a) municipalities should afford a reasonable opportunity for a variety of housing,
955
including moderate income housing, to meet the needs of people desiring to live there; and
956
(b) moderate income housing should be encouraged to allow persons with moderate
957
incomes to benefit from and to fully participate in all aspects of neighborhood and community
958
life.
959
(2) As used in this section:
960
(a) "Moderate income housing" means housing occupied or reserved for occupancy by
961
households with a gross household income equal to or less than 80% of the median gross
962
income of the metropolitan statistical area for households of the same size.
963
(b) "Plan for moderate income housing" or "plan" means a written document adopted
964
by a municipal legislative body that includes:
965
(i) an estimate of the existing supply of moderate income housing located within the
966
municipality;
967
(ii) an estimate of the need for moderate income housing in the municipality for the
968
next five years as revised annually;
969
(iii) a survey of total residential zoning;
970
(iv) an evaluation of how existing zoning densities affect opportunities for moderate
971
income housing; and
972
(v) a description of the municipality's program to encourage an adequate supply of
973
moderate income housing.
974
(3) Before December 31, 1998, each municipal legislative body shall, as part of its
975
general plan, adopt a plan for moderate income housing within that municipality.
976
(4) A plan may provide moderate income housing by any means or combination of
977
techniques which provide a realistic opportunity to meet estimated needs. The plan may include
978
an analysis of why the means or techniques selected provide a realistic opportunity to meet the
979
objectives of this section. Such techniques may include:
980
(a) rezoning for densities necessary to assure the economic viability of inclusionary
981
developments, either through mandatory set asides or density bonuses;
982
(b) infrastructure expansion and rehabilitation that will facilitate the construction of
983
moderate income housing;
984
(c) rehabilitation of existing uninhabitable housing stock;
985
(d) consideration of waiving construction related fees generally imposed by the
986
municipality;
987
(e) utilization of state or federal funds or tax incentives to promote the construction of
988
moderate income housing;
989
(f) utilization of programs offered by the Utah Housing Corporation within that
990
agency's funding capacity; and
991
(g) utilization of affordable housing programs administered by the Department of
992
Community and Economic Development.
993
(5) (a) After adoption of a plan for moderate income housing under Subsection (3), the
994
legislative body of each city that is located within a county of the first or second class and of
995
each other city [with a population over 10,000] of the first, second, third, or fourth class shall
996
annually:
997
(i) review the plan and its implementation; and
998
(ii) prepare a report setting forth the findings of the review.
999
(b) Each report under Subsection (5)(a)(ii) shall include a description of:
1000
(i) efforts made by the municipality to reduce, mitigate, or eliminate local regulatory
1001
barriers to moderate income housing;
1002
(ii) actions taken by the municipality to encourage preservation of existing moderate
1003
income housing and development of new moderate income housing;
1004
(iii) progress made within the municipality to provide moderate income housing, as
1005
measured by permits issued for new units of moderate income housing; and
1006
(iv) efforts made by the municipality to coordinate moderate income housing plans and
1007
actions with neighboring municipalities.
1008
(c) The legislative body of each city that is located within a county of the first or
1009
second class and of each other city [with a population over 10,000] of the first, second, third, or
1010
fourth class shall send a copy of the report under Subsection (5)(a)(ii) to the Department of
1011
Community and Economic Development and the association of governments in which the
1012
municipality is located.
1013
Section 41.
Section
10-11-1
is amended to read:
1014
10-11-1. Abatement of weeds, garbage, refuse, and unsightly objects.
1015
[The city commissioners of cities of the first and second class and the city councils of
1016
the cities of the third class, and the board of trustees of towns,] A municipal legislative body
1017
may designate, and regulate the abatement of, injurious and noxious weeds, garbage, refuse, or
1018
any unsightly or deleterious objects or structures, and may appoint a [city] municipal inspector
1019
for the purpose of carrying out the provisions of this chapter.
1020
Section 42.
Section
10-17-102
is amended to read:
1021
10-17-102. Definitions.
1022
As used in this chapter:
1023
(1) "Animal" means a cat or dog.
1024
(2) "Animal shelter" means a facility or program:
1025
(a) providing services for stray, lost, or unwanted animals, including holding and
1026
placing the animals for adoption, but does not include an institution conducting research on
1027
animals, as defined in Section
26-26-1
; and
1028
(b) operated by:
1029
(i) a first or second class county as defined in Section
17-50-501
;
1030
(ii) a [municipality with a population of 40,000 or greater] city of the first, second, or
1031
third class;
1032
(iii) a first or second class county operating the shelter jointly with any municipality; or
1033
(iv) a private humane society or private animal welfare organization located within a
1034
first or second class county or within a [municipality with a population of 40,000 or greater]
1035
city of the first, second, or third class.
1036
(3) "Person" means an individual, an entity, or a representative of an entity.
1037
(4) "Proof of sterilization" means a written document signed by a veterinarian licensed
1038
under Title 58, Chapter 28, Veterinary Practice Act, stating:
1039
(a) a specified animal has been sterilized;
1040
(b) the date on which the sterilization was performed; and
1041
(c) the location where the sterilization was performed.
1042
(5) "Recipient" means the person to whom an animal shelter transfers an animal for
1043
adoption.
1044
(6) "Sterilization deposit" means the portion of a fee charged by an animal shelter to a
1045
recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in
1046
accordance with an agreement between the recipient or the claimant and the animal shelter.
1047
(7) "Sterilized" means that an animal has been surgically altered, either by the spaying
1048
of a female animal or by the neutering of a male animal, so it is unable to reproduce.
1049
(8) "Transfer" means that an animal shelter sells, gives away, places for adoption, or
1050
transfers an animal to a recipient.
1051
Section 43.
Section
11-14-3
is amended to read:
1052
11-14-3. Notice of election -- Contents -- Publication -- Mailing.
1053
(1) (a) Notice of the election shall be published once a week during three consecutive
1054
weeks in a newspaper designated in accordance with Section
11-14-21
, the first publication to
1055
be not less than 21 nor more than 35 days before the election.
1056
(b) If no official newspaper is designated, the notices shall be published in a newspaper
1057
published in the municipality, or if no newspaper is published in the municipality, the notices
1058
shall be published in a newspaper having general circulation in the municipality.
1059
(2) When the debt service on the bonds to be issued will increase the property tax
1060
imposed upon the average value of a residence by an amount that is greater than or equal to $15
1061
per year, the governing body shall, at least seven days but not more than 30 days before the
1062
bond election, if the bond election is not held on the date of a regular primary election, a
1063
municipal primary election, a regular general election, or a municipal general election, either
1064
mail:
1065
(a) written notice of the bond election on a minimum three inch by five inch postcard
1066
to every household containing a registered voter who is eligible to vote on the bonds; or
1067
(b) a voter information pamphlet prepared by the governing body, if one is prepared,
1068
that includes the information required by Subsection (4).
1069
(3) (a) Except as provided in Subsection (3)(b), election notice given for any bond
1070
election held in this state need not be posted by any persons.
1071
(b) (i) In a city of the third, fourth, or fifth class [cities] or [towns] a town where no
1072
newspaper is published, the governing body may require that notice of a bond election be given
1073
by posting in lieu of the publication requirements of Subsection (1).
1074
(ii) When the governing body imposes a posting requirement, the city recorder, town
1075
clerk, or other officer designated by the governing body shall post notice of the bond election in
1076
at least five public places in the city or town at least 21 days before the election.
1077
(4) The printed, posted, and mailed notice required by this section shall identify:
1078
(a) the date and place of the election;
1079
(b) the hours during which the polls will be open; and
1080
(c) the purpose for which the bonds are to be issued, the maximum amount of bonds to
1081
be issued, and the maximum number of years to maturity of the bonds.
1082
(5) The governing body shall pay the costs associated with the printed, posted, and
1083
mailed notice required by this section.
1084
Section 44.
Section
17-42-102
is amended to read:
1085
17-42-102. Definitions.
1086
As used in this chapter:
1087
(1) "Animal" means a cat or dog.
1088
(2) "Animal shelter" means a facility or program:
1089
(a) providing services for stray, lost, or unwanted animals, including holding and
1090
placing the animals for adoption, but does not include an institution conducting research on
1091
animals, as defined in Section
26-26-1
; and
1092
(b) operated by:
1093
(i) a first or second class county as defined in Section
17-50-501
;
1094
(ii) a [municipality with a population of 40,000 or greater] city of the first, second, or
1095
third class;
1096
(iii) a first or second class county operating the shelter jointly with any municipality; or
1097
(iv) a private humane society or private animal welfare organization located within a
1098
first or second class county or within a [municipality with a population of 40,000 or greater]
1099
city of the first, second, or third class.
1100
(3) "Person" means an individual, an entity, or a representative of an entity.
1101
(4) "Proof of sterilization" means a written document signed by a veterinarian licensed
1102
under Title 58, Chapter 28, Veterinary Practice Act, stating:
1103
(a) a specified animal has been sterilized;
1104
(b) the date on which the sterilization was performed; and
1105
(c) the location where the sterilization was performed.
1106
(5) "Recipient" means the person to whom an animal shelter transfers an animal for
1107
adoption.
1108
(6) "Sterilization deposit" means the portion of a fee charged by an animal shelter to a
1109
recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in
1110
accordance with an agreement between the recipient or the claimant and the animal shelter.
1111
(7) "Sterilized" means that an animal has been surgically altered either by the spaying
1112
of a female animal or by the neutering of a male animal, so it is unable to reproduce.
1113
(8) "Transfer" means that an animal shelter sells, gives away, places for adoption, or
1114
transfers an animal to a recipient.
1115
Section 45.
Section
17A-2-1302
is amended to read:
1116
17A-2-1302. Definitions.
1117
As used in this part:
1118
(1) "County" means a county of this state and includes any such county regardless of
1119
the form of government under which it is operating.
1120
(2) "Facility" or "facilities" means any structure, building, system, land, water right,
1121
and other real and personal property required to provide any service authorized by Section
1122
17A-2-1304
, including, without limitation, all related and appurtenant easements and
1123
rights-of-way, improvements, utilities, landscaping, sidewalks, roads, curbs and gutters, and
1124
equipment and furnishings.
1125
(3) "Governing authority" means the board or body, however designated, in which the
1126
general legislative powers of a county, municipality, or improvement district are vested [and
1127
includes the board of commissioners of a county or a city of the first or second class, the city
1128
council of a city of the third class, the town council of a town, and the board of trustees of an
1129
improvement district].
1130
(4) "Guaranteed bonds" mean bonds the annual debt service on which is or will be
1131
guaranteed by one or more taxpayers owning property within the boundaries of the service
1132
district.
1133
(5) "Improvement district" means an improvement district established under Chapter 2,
1134
Part 3, County Improvement Districts for Water, Sewerage, Flood Control, Electric and Gas.
1135
(6) "Municipality" means a city or town of this state.
1136
(7) "Service district" means a special service district established in the manner
1137
provided by this part under Article XIV, Section 8 of the Constitution of Utah.
1138
Section 46.
Section
17A-2-1308
is amended to read:
1139
17A-2-1308. Publication of notice.
1140
The notice of intention to establish a service district shall be published at least once a
1141
week during three consecutive weeks, the first publication to be not less than 21 days nor more
1142
than 35 days before the hearing, in a newspaper having general circulation in the county or
1143
municipality proposing the establishment of the service district; except for service districts
1144
located entirely within [cities] a city of the third, fourth, or fifth class or [towns] a town where
1145
there is no newspaper published in the city or town, the governing authority of that city or town
1146
may provide that the notice of intention may be given by posting in lieu of publication of the
1147
notice. In this event the notice of intention shall be posted by the city recorder, town clerk, or
1148
other officer designated by the governing authority in at least five public places in the city or
1149
town at least 21 days before the hearing. If the service district proposed to be established by a
1150
county includes any part of another county or counties or improvement district or if proposed
1151
by a municipality includes any part of another municipality or improvement district, the notice
1152
of intention shall also be published or posted in each such other county or counties,
1153
municipality or municipalities, or improvement district, as the case may be.
1154
Section 47.
Section
17A-3-306
is amended to read:
1155
17A-3-306. Notice of intention to create district -- Publication -- Mailing.
1156
(1) (a) The notice of intention shall be published in a newspaper published in the
1157
municipality, or if there is no newspaper published in the municipality, then in a newspaper
1158
having general circulation in the municipality.
1159
(b) In a city of the third, fourth, or fifth class or a town where there is no newspaper
1160
published or of general circulation in the city or town, the governing body may provide that the
1161
notice of intention be given by posting in lieu of publication of this notice.
1162
(2) If the notice is published, it shall be published once during each week for four
1163
successive weeks, the last publication to be at least five days and not more than 20 days prior to
1164
the time fixed in the notice as the last day for filing of protests.
1165
(3) If the notice is posted, it shall be posted in at least three public places in the
1166
municipality at least 20 and not more than 35 days prior to the time fixed in the notice as the
1167
last day for the filing of protests.
1168
(4) (a) No later than ten days after the first publication or posting of the notice, it shall
1169
be mailed, postage prepaid:
1170
(i) addressed to each owner of property to be assessed within the special improvement
1171
district at the last-known address of that owner using for this purpose the names and addresses
1172
appearing on the last completed real property assessment rolls of the county in which the
1173
property is located; and
1174
(ii) addressed to "owner" at the street number of each piece of improved property to be
1175
assessed.
1176
(b) If a street number has not been assigned, then the post office box, rural route
1177
number, or any other mailing address of the improved property shall be used for the mailing of
1178
the notice under Subsection (4)(a)(ii).
1179
Section 48.
Section
17A-3-317
is amended to read:
1180
17A-3-317. Assessment list -- Board of equalization and review -- Hearings --
1181
Appeal -- Corrections -- Report -- Waiver of objections.
1182
(1) Before an assessment is levied, an assessment list shall be prepared designating
1183
each parcel of property proposed to be assessed and the amount of the assessment apportioned
1184
to this property as provided in this part.
1185
(2) (a) Upon completion of the assessment list, the governing body shall:
1186
(i) appoint a board of equalization and review consisting of three or more of the
1187
members of the governing body or, at the option of the governing body of any municipality,
1188
consisting of the municipal recorder or a designee, the municipal engineer or public works
1189
director or a designee, or the municipal attorney or a designee; and
1190
(ii) give public notice of the completion of the assessment list and of the time and place
1191
of the holding of public hearings relating to the proposed assessments.
1192
(b) If the board of equalization and review consists of other than members of the
1193
governing body of the municipality, appeal from a decision of the board of equalization and
1194
review shall be taken to the governing body of the municipality by filing a written notice of
1195
appeal in the offices of the city or town recorder within 15 days from the date the board's final
1196
report to the governing body is mailed to the affected property owners as provided in
1197
Subsection (7).
1198
(3) (a) The notice shall be published in a newspaper published in the municipality or, if
1199
there is no newspaper published in the municipality, in a newspaper having general circulation
1200
in the municipality. In [cities] a city of the third, fourth, or fifth class or [towns] a town where
1201
there is no newspaper published, the governing body may provide that the notice be given by
1202
posting in lieu of publication.
1203
(b) The notice shall be published at least one time or, if posted, shall be posted in at
1204
least three public places in the municipality. In either case, the first publication or posting shall
1205
be at least 20 and not more than 35 days prior to the date the board will begin its hearings.
1206
(4) Not later than ten days after the first publication or posting of the notice, the notice
1207
shall be mailed, postage prepaid:
1208
(a) addressed to each owner of property to be assessed within the special improvement
1209
district at the last-known address of the owner, using for this purpose the names and addresses
1210
appearing on the last completed real property assessment rolls of the county in which the
1211
property is located; and
1212
(b) addressed to "owner" at the street number of each piece of improved property to be
1213
assessed. If a street number has not been assigned, then the post office box, rural route
1214
number, or any other mailing address of the improved property shall be used for the mailing of
1215
the notice.
1216
(5) The board of equalization and review shall convene at the time and place specified
1217
in the notice. Hearings shall be held on not less than three consecutive days for at least one
1218
hour between [9:00] 9 a.m. and [9:00] 9 p.m. as specified in the notice. The hearings may be
1219
adjourned or recessed from time to time to a specific place and a specific hour and day until the
1220
work of the board shall have been completed. At each hearing the board shall hear arguments
1221
from any person who believes himself to be aggrieved, including arguments relating to the
1222
benefits accruing to any tract, block, lot, or parcel of property in the district or relating to the
1223
amount of the proposed assessment against that tract, block, lot, or parcel.
1224
(6) (a) After the hearings have been completed, the board shall consider all facts and
1225
arguments presented and shall make those corrections in any proposed assessment as it may
1226
consider just and equitable. These corrections may eliminate one or more pieces of property or
1227
may increase or decrease the amount of the assessment proposed to be levied against any piece
1228
of property.
1229
(b) If the corrections result in an increase of any proposed assessment, before
1230
approving the corrected assessment list, the board shall cause to be mailed, to each owner of
1231
property whose assessment is to be increased, a notice stating that the assessment will be
1232
increased, the amount of the proposed new assessment, that a hearing will be held at which the
1233
owner may appear and make any objections to the increase, and the time and place of the
1234
hearing. The notice shall be mailed to the last known address of the owner, using for this
1235
purpose the names and addresses appearing on the last completed real property assessment rolls
1236
of the county where the affected property is located. A copy of the notice shall be addressed to
1237
"owner" and shall be so mailed addressed to the street number of each piece of improved
1238
property to be affected by the increased assessment. If a street number has not been assigned,
1239
then the post office box, rural route number, or any other mailing address of the improved
1240
property shall be used for the mailing of the notice. The notice shall be mailed at least 15 days
1241
prior to the date stated in the notice for the holding of the new hearing.
1242
(7) (a) After all corrections have been made and all hearings, including hearings under
1243
Subsection (6), have been held, the board shall report to the governing body its findings that
1244
each piece of property within the special improvement district will be benefited in an amount
1245
not less than the assessment to be levied against the property, and that no piece of property
1246
listed on the assessment will bear more than its proportionate share of the cost of the
1247
improvement.
1248
(b) The board shall cause to be mailed a copy of the board's final report to each owner
1249
of property who objected at the hearings of the board to the assessment proposed to be levied
1250
against his property.
1251
(c) The findings of the board, when approved by the governing body or after passage of
1252
time for appeal and review by the governing body of the city, shall be final and, except as
1253
provided in Subsection (2)(b), no appeal may be taken from them.
1254
(d) After receipt of the report from the board and the running of the appeal period
1255
provided in Subsection (2)(b), if applicable, the governing body may proceed with the levy of
1256
the assessments.
1257
(8) Each person whose property is subject to assessment and who fails to appear before
1258
the board of equalization and review to raise his objections to the levy of the assessment shall
1259
be deemed to have waived all objections to the levy except the objection that the governing
1260
body failed to obtain jurisdiction to order the making of the improvements which the
1261
assessment is intended to pay.
1262
Section 49.
Section
17A-3-407
is amended to read:
1263
17A-3-407. Publication or posting of notice.
1264
(1) The notice of intention to establish a district shall be published at least once a week
1265
during three consecutive weeks, the first publication to be not less than 21 days nor more than
1266
35 days before the hearing, in a newspaper published or of general circulation in the county or
1267
municipality proposing the establishment of the district.
1268
(2) (a) If a district is located entirely within a city of the third, fourth, or fifth class or
1269
town where there is no newspaper published or of general circulation in the city or town, the
1270
governing authority of that city or town may provide that the notice of intention may be given
1271
by posting in lieu of publication of the notice.
1272
(b) The notice of intention under Subsection (2)(a) shall be posted by the city recorder,
1273
town clerk, or other officer designated by the governing authority in at least five public places
1274
in the city or town at least 21 days before the hearing.
1275
Section 50.
Section
20A-5-301
is amended to read:
1276
20A-5-301. Combined voting precincts -- Municipalities.
1277
(1) (a) The municipal legislative body of [cities] a city of the first [and] or second class
1278
may combine two regular county voting precincts into one municipal voting precinct for
1279
purposes of a municipal election if they designate the location and address of each of those
1280
combined voting precincts.
1281
(b) The polling place shall be within the combined voting precinct or within 1/2 mile
1282
of the boundaries of the voting precinct.
1283
(2) (a) The municipal legislative body of [cities] a city of the third, fourth, or fifth class
1284
[and towns] or town may combine two or more regular county voting precincts into one
1285
municipal voting precinct for purposes of an election if [they designate] it designates the
1286
location and address of that combined voting precinct.
1287
(b) If only two precincts are combined, the polling place shall be within the combined
1288
precinct or within 1/2 mile of the boundaries of the combined voting precinct.
1289
(c) If more than two precincts are combined, the polling place should be as near as
1290
practical to the middle of the combined precinct.
1291
Section 51.
Section
20A-7-601
is amended to read:
1292
20A-7-601. Referenda -- General signature requirements -- Signature
1293
requirements for land use laws -- Time requirements.
1294
(1) Except as provided in Subsection (2), a person seeking to have a law passed by the
1295
local legislative body submitted to a vote of the people shall obtain legal signatures equal to:
1296
(a) 10% of all the votes cast in the county, city, or town for all candidates for governor
1297
at the last election at which a governor was elected if the total number of votes exceeds 25,000;
1298
(b) 12-1/2% of all the votes cast in the county, city, or town for all candidates for
1299
governor at the last election at which a governor was elected if the total number of votes does
1300
not exceed 25,000 but is more than 10,000;
1301
(c) 15% of all the votes cast in the county, city, or town for all candidates for governor
1302
at the last election at which a governor was elected if the total number of votes does not exceed
1303
10,000 but is more than 2,500;
1304
(d) 20% of all the votes cast in the county, city, or town for all candidates for governor
1305
at the last election at which a governor was elected if the total number of votes does not exceed
1306
2,500 but is more than 500;
1307
(e) 25% of all the votes cast in the county, city, or town for all candidates for governor
1308
at the last election at which a governor was elected if the total number of votes does not exceed
1309
500 but is more than 250; and
1310
(f) 30% of all the votes cast in the county, city, or town for all candidates for governor
1311
at the last election at which a governor was elected if the total number of votes does not exceed
1312
250.
1313
(2) (a) As used in this Subsection (2), "land use law" includes a land use development
1314
code, an annexation ordinance, and comprehensive zoning ordinances.
1315
(b) A person seeking to have a land use law passed by the local legislative body
1316
submitted to a vote of the people shall obtain legal signatures equal to:
1317
(i) in [counties and] a county or in a city of the first [and] or second class [cities], 20%
1318
of all votes cast in the county or city for all candidates for governor at the last election at which
1319
a governor was elected; and
1320
(ii) in a city of the third, fourth, or fifth class [cities and towns] or a town, 35% of all
1321
the votes cast in the city or town for all candidates for governor at the last election at which a
1322
governor was elected.
1323
(3) (a) Sponsors of any referendum petition challenging, under Subsection (1) or (2),
1324
any local law passed by a local legislative body shall file the petition within 35 days after the
1325
passage of the local law.
1326
(b) The local law remains in effect until repealed by the voters via referendum.
1327
(4) If the referendum passes, the local law that was challenged by the referendum is
1328
repealed as of the date of the election.
1329
Section 52.
Section
20A-9-404
is amended to read:
1330
20A-9-404. Municipal primary elections.
1331
(1) (a) Except as otherwise provided in this section, candidates for municipal office in
1332
all municipalities shall be nominated at a municipal primary election.
1333
(b) Municipal primary elections shall be held:
1334
(i) on the Tuesday following the first Monday in the October before the regular
1335
municipal election; and
1336
(ii) whenever possible, at the same polling places as the regular municipal election.
1337
(2) If the number of candidates for a particular municipal office does not exceed twice
1338
the number of persons needed to fill that office, a primary election for that office may not be
1339
held and the candidates are considered nominated.
1340
(3) (a) For purposes of this Subsection (3), "convention" means an organized assembly
1341
of voters or delegates.
1342
(b) (i) By ordinance adopted before the June 1 before a regular municipal election, any
1343
third, fourth, or fifth class city or town may exempt itself from a primary election by providing
1344
that the nomination of candidates for municipal office to be voted upon at a municipal election
1345
be nominated by a political party convention or committee.
1346
(ii) Any primary election exemption ordinance adopted under the authority of this
1347
subsection remains in effect until repealed by ordinance.
1348
(c) (i) A convention or committee may not nominate more than one group of
1349
candidates or have placed on the ballot more than one group of candidates for the municipal
1350
offices to be voted upon at the municipal election.
1351
(ii) A convention or committee may nominate a person who has been nominated by a
1352
different convention or committee.
1353
(iii) A political party may not have more than one group of candidates placed upon the
1354
ballot and may not group the same candidates on different tickets by the same party under a
1355
different name or emblem.
1356
(d) (i) The convention or committee shall prepare a certificate of nomination for each
1357
person nominated.
1358
(ii) The certificate of nomination shall:
1359
(A) contain the name of the office for which each person is nominated, the name, post
1360
office address, and, if in a city, the street number of residence and place of business, if any, of
1361
each person nominated;
1362
(B) designate in not more than five words the political party that the convention or
1363
committee represents;
1364
(C) contain a copy of the resolution passed at the convention that authorized the
1365
committee to make the nomination;
1366
(D) contain a statement certifying that the name of the candidate nominated by the
1367
political party will not appear on the ballot as a candidate for any other political party;
1368
(E) be signed by the presiding officer and secretary of the convention or committee;
1369
and
1370
(F) contain a statement identifying the residence and post office address of the
1371
presiding officer and secretary and certifying that the presiding officer and secretary were
1372
officers of the convention or committee and that the certificates are true to the best of their
1373
knowledge and belief.
1374
(iii) Certificates of nomination shall be filed with the clerk not later than the sixth
1375
Tuesday before the November municipal election.
1376
(e) A committee appointed at a convention, if authorized by an enabling resolution,
1377
may also make nominations or fill vacancies in nominations made at a convention.
1378
(f) The election ballot shall substantially comply with the form prescribed in Title 20A,
1379
Chapter 6, Part 4, Ballot Form Requirements for Municipal Elections, but the party name shall
1380
be included with the candidate's name.
1381
(4) (a) Any third, fourth, or fifth class city may adopt an ordinance before the July 1
1382
before the regular municipal election that:
1383
(i) exempts the city from the other methods of nominating candidates to municipal
1384
office provided in this section; and
1385
(ii) provides for a partisan primary election method of nominating candidates as
1386
provided in this Subsection (4).
1387
(b) (i) Any party that was a registered political party at the last regular general election
1388
or regular municipal election is a municipal political party under this section.
1389
(ii) Any political party may qualify as a municipal political party by presenting a
1390
petition to the city recorder that:
1391
(A) is signed by registered voters within the municipality equal to at least 20% of the
1392
number of votes cast for all candidates for mayor in the last municipal election at which a
1393
mayor was elected;
1394
(B) is filed with the city recorder by the seventh Tuesday before the date of the
1395
municipal primary election;
1396
(C) is substantially similar to the form of the signature sheets described in Section
1397
20A-7-303
; and
1398
(D) contains the name of the municipal political party using not more than five words.
1399
(c) (i) If the number of candidates for a particular office does not exceed twice the
1400
number of offices to be filled at the regular municipal election, no partisan primary election for
1401
that office shall be held and the candidates are considered to be nominated.
1402
(ii) If the number of candidates for a particular office exceeds twice the number of
1403
offices to be filled at the regular municipal election, those candidates for municipal office shall
1404
be nominated at a partisan primary election.
1405
(d) The clerk shall ensure that:
1406
(i) the partisan municipal primary ballot is similar to the ballot forms required by
1407
Sections
20A-6-401
and
20A-6-401.1
;
1408
(ii) the candidates for each municipal political party are listed in one or more columns
1409
under their party name and emblem;
1410
(iii) the names of candidates of all parties are printed on the same ballot, but under
1411
their party designation;
1412
(iv) every ballot is folded and perforated so as to separate the candidates of one party
1413
from those of the other parties and so as to enable the elector to separate the part of the ballot
1414
containing the names of the party of his choice from the remainder of the ballot; and
1415
(v) the side edges of all ballots are perforated so that the outside sections of the ballots,
1416
when detached, are similar in appearance to inside sections when detached.
1417
(e) After marking a municipal primary ballot, the voter shall:
1418
(i) detach the part of the ballot containing the names of the candidates of the party he
1419
has voted from the rest of the ballot;
1420
(ii) fold the detached part so that its face is concealed and deposit it in the ballot box;
1421
and
1422
(iii) fold the remainder of the ballot containing the names of the candidates of the
1423
parties for whom the elector did not vote and deposit it in the blank ballot box.
1424
(f) Immediately after the canvass, the election judges shall, without examination,
1425
destroy the tickets deposited in the blank ballot box.
1426
Section 53.
Section
32A-2-101
is amended to read:
1427
32A-2-101. Commission's power to establish state stores -- Limitations.
1428
(1) The commission may establish state stores in numbers and at places, owned or
1429
leased by the department, it considers proper for the sale of liquor, by employees of the state, in
1430
accordance with this title and the rules made under this title. Employees of state stores are
1431
considered employees of the department and shall meet all qualification requirements for
1432
employment outlined in Section
32A-1-111
.
1433
(2) The total number of state stores may not at any time aggregate more than that
1434
number determined by dividing the population of the state by 48,000. Population shall be
1435
determined by the most recent United States decennial or special census or by any other
1436
population determination made by the United States or state governments.
1437
(3) (a) A state store may not be established within 600 feet of any public or private
1438
school, church, public library, public playground, or park as measured by the method in
1439
Subsection (4).
1440
(b) A state store may not be established within 200 feet of any public or private school,
1441
church, public library, public playground, or park measured in a straight line from the nearest
1442
entrance of the proposed state store to the nearest property boundary of the public or private
1443
school, church, public library, public playground, or park.
1444
(c) The restrictions contained in Subsections (3)(a) and (b) govern unless one of the
1445
following exceptions applies:
1446
(i) The commission finds after full investigation that the premises are located within a
1447
city of the third, fourth, or fifth class or a town, and compliance with the distance requirements
1448
would result in peculiar and exceptional practical difficulties or exceptional and undue
1449
hardships in the establishment of a state store. In that event, the commission may, after giving
1450
full consideration to all of the attending circumstances, following a public hearing in the city or
1451
town, and where practical in the neighborhood concerned, authorize a variance from the
1452
distance requirements to relieve the difficulties or hardships if the variance may be granted
1453
without substantial detriment to the public good and without substantially impairing the intent
1454
and purpose of this title.
1455
(ii) With respect to the establishment of a state store in any location, the commission
1456
may, after giving full consideration to all of the attending circumstances, following a public
1457
hearing in the county, and where practical in the neighborhood concerned, reduce the proximity
1458
requirements in relation to a church if the local governing body of the church in question gives
1459
its written approval.
1460
(4) With respect to any public or private school, church, public library, public
1461
playground, or park, the 600 foot limitation is measured from the nearest entrance of the state
1462
store by following the shortest route of either ordinary pedestrian traffic or, where applicable,
1463
vehicular travel along public thoroughfares, whichever is the closer, to the property boundary
1464
of the public or private school, church, public library, public playground, school playground, or
1465
park.
1466
(5) Nothing in this section prevents the commission from considering the proximity of
1467
any educational, religious, and recreational facility, or any other relevant factor in reaching a
1468
decision on a proposed location. For purposes of this subsection, "educational facility"
1469
includes nursery schools, infant day care centers, and trade and technical schools.
1470
Section 54.
Section
32A-3-101
is amended to read:
1471
32A-3-101. Commission's power to establish package agencies -- Limitations.
1472
(1) (a) The commission may, when considered necessary, create package agencies by
1473
entering into contractual relationships with persons to sell liquor in sealed packages from
1474
premises other than those owned or leased by the state.
1475
(b) The commission shall authorize a person to operate a package agency by issuing a
1476
certificate from the commission that designates the person in charge of the agency as a
1477
"package agent" as defined under Section
32A-1-105
.
1478
(2) (a) Subject to this Subsection (2), the total number of package agencies may not at
1479
any time aggregate more than that number determined by dividing the population of the state
1480
by 18,000.
1481
(b) For purposes of Subsection (2)(a), population shall be determined by:
1482
(i) the most recent United States decennial or special census; or
1483
(ii) any other population determination made by the United States or state
1484
governments.
1485
(c) The commission may establish seasonal package agencies established in areas and
1486
for periods it considers necessary. A seasonal package agency may not be operated for a period
1487
longer than nine consecutive months subject to the restrictions stated in Subsections (2)(c)(i)
1488
through (iii).
1489
(i) A package agency established for operation during a summer time period is known
1490
as a "Seasonal A" package agency. The period of operation for a "Seasonal A" agency may
1491
begin as early as February 1 and may continue until October 31.
1492
(ii) A package agency established for operation during a winter time period is known as
1493
a "Seasonal B" package agency. The period of operation for a "Seasonal B" agency may begin
1494
as early as September 1 and may continue until May 31.
1495
(iii) In determining the number of package agencies that the commission may establish
1496
under this section:
1497
(A) a seasonal package agency is counted as one half of one package agency;
1498
(B) each "Seasonal A" agency shall be paired with a "Seasonal B" agency; and
1499
(C) the total number of months that each combined pair may be established for
1500
operation may not exceed 12 months for each calendar year.
1501
(d) (i) If the location, design, and construction of a hotel may require more than one
1502
package agency sales location to serve the public convenience, the commission may authorize a
1503
single package agent to sell liquor at as many as three locations within the hotel under one
1504
package agency if:
1505
(A) the hotel has a minimum of 150 guest rooms; and
1506
(B) all locations under the agency are:
1507
(I) within the same hotel facility; and
1508
(II) on premises that are managed or operated and owned or leased by the package
1509
agent.
1510
(ii) Facilities other than hotels may not have more than one sales location under a
1511
single package agency.
1512
(3) (a) As measured by the method in Subsection (4), a package agency may not be
1513
established within 600 feet of any:
1514
(i) public or private school;
1515
(ii) church;
1516
(iii) public library;
1517
(iv) public playground; or
1518
(v) park.
1519
(b) A package agency may not be established within 200 feet of any public or private
1520
school, church, public library, public playground, or park, measured in a straight line from the
1521
nearest entrance of the proposed package agency to the nearest property boundary of the public
1522
or private school, church, public library, public playground, or park.
1523
(c) The restrictions contained in Subsections (3)(a) and (b) govern unless Subsection
1524
(3)(c)(i) or (ii) applies.
1525
(i) If the commission finds after full investigation that the premises are located within a
1526
city of the third, fourth, or fifth class or a town, and compliance with the distance requirements
1527
would result in peculiar and exceptional practical difficulties or exceptional and undue
1528
hardships in the establishment of a package agency, the commission may authorize a variance
1529
from the distance requirement to relieve the difficulties or hardships:
1530