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H.B. 168
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5 AN ACT RELATING TO CITIES AND TOWNS; PROVIDING THAT A CHANGE IN A
6 MUNICIPALITY'S CLASS DOES NOT AFFECT ITS FORM OF GOVERNMENT; AND
7 MAKING TECHNICAL CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 10-2-303, as last amended by Chapter 92, Laws of Utah 1987
11 10-3-103, as enacted by Chapter 48, Laws of Utah 1977
12 10-3-104, as enacted by Chapter 48, Laws of Utah 1977
13 10-3-105, as last amended by Chapter 278, Laws of Utah 1997
14 10-3-106, as enacted by Chapter 48, Laws of Utah 1977
15 REPEALS:
16 10-2-304, as enacted by Chapter 48, Laws of Utah 1977
17 10-2-305, as enacted by Chapter 48, Laws of Utah 1977
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 10-2-303 is amended to read:
20 10-2-303. Effect of change in class.
21 [
22 (a) all property, property rights, and other rights [
23 were vested in the municipality at the time of the change shall belong to and be vested in it after
24 the change[
25 (b) no contract, claim, or right of the municipality or demand or liability against it shall
26 be altered or affected in any way by the change[
27 (c) each ordinance, order, and resolution in force in the municipality when it changes
28 classes shall, to the extent that it is not inconsistent with law, not be affected by the change and
29 shall remain in effect until repealed or amended;
30 (d) the change shall not affect the identity of the municipality;
31 (e) each municipal officer in office at the time of the change shall continue as an officer
32 until that officer's term expires and a successor is duly elected and qualified; and
33 (f) notwithstanding Sections 10-3-103 , 10-3-104 , and 10-3-105 , the municipality maintains
34 after the change in class the same form of government that it had immediately before the change.
35 (2) (a) A change [
36 law, prosecution, business, or work of the municipality changing classes, and proceedings shall
37 continue and may be conducted and proceed as if no change in [
38 class had [
39 (b) Notwithstanding Subsection (2)(a), if the law [
40 municipality under the new class provides the municipality a different remedy with respect to a
41 right [
42 remedy shall be cumulative to the remedy applicable before the change[
43 class.
44 Section 2. Section 10-3-103 is amended to read:
45 10-3-103. Governing body in cities of the first class.
46 [
47 each city of the first class that has not adopted an optional form of government under Part 12,
48 Alternative Forms of Municipal Government Act, shall be a commission of five members of which
49 one shall be the mayor and the remaining four shall be commissioners.
50 Section 3. Section 10-3-104 is amended to read:
51 10-3-104. Governing body in cities of the second class.
52 [
53 each city of the second class that has not adopted an optional form of government under Part 12,
54 Alternative Forms of Municipal Government Act, shall be a commission of three members of
55 which one shall be the mayor and the remaining two shall be commissioners.
56 Section 4. Section 10-3-105 is amended to read:
57 10-3-105. Governing body in cities of the third class.
58 [
59 each city of the third class that has not adopted an optional form of government under Part 12,
60 Alternative Forms of Municipal Government Act, shall be a council composed of six members,
61 one of whom shall be the mayor and the remaining five shall be council members.
62 Section 5. Section 10-3-106 is amended to read:
63 10-3-106. Governing body in towns.
64 The governing body of [
65 under Part 12, Alternative Forms of Municipal Government Act, shall be a council of five persons
66 one of whom shall be the mayor and the remaining four shall be councilmen.
67 Section 6. Repealer.
68 This act repeals:
69 Section 10-2-304, Ordinances to continue in force -- No change in identity.
70 Section 10-2-305, Change of classes -- Officers.
Legislative Review Note
as of 8-19-98 9:11 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Political Subdivisions Interim Committee recommended this bill.
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