17-35b-303. Community council form of county government.
(1) The structural form of county government known as the "community council" form
unites in a single consolidated city and county government the powers, duties, and functions
which, immediately prior to its effective date, are vested in the county, the largest city in the
county, such other cities and towns as elect to merge in it, and all special taxing districts, public
authorities, service areas, and other local public entities functioning within the boundaries of the
county, except school districts. The consolidated government shall have power to extend on a
countywide basis any governmental service or function which is authorized by law or which the
previous county, cities, and other local public agencies included therein were empowered to
provide for their residents, but no such service shall be provided within an incorporated
municipality which continues to provide that service for its own inhabitants, except upon a
contract basis for the municipality, and no taxes, assessments, fees, or other charges shall be
extended or collected within the municipality for the purpose of financing any service which is
not provided by the consolidated government within the municipality. "Largest city," as used in
this section, means a city or cities the population of which, as shown by the most recent
decennial or special census, exceeds 35% of the total county population.
(2) The incorporated cities and towns, other than the largest city, in the county shall
retain independent corporate existence and shall continue to provide local services to their
inhabitants of the type and to the extent provided in the plan, but any such city or town, by
majority vote of its qualified voters, cast either concurrently with the election at which the plan is
approved or subsequently to it, as provided by the governing body of the city or town, may cause
the city or town to be dissolved and its powers, duties, and functions vested in the countywide
government.
(3) The county legislative body of the countywide government shall be a council
composed of not less than five persons as specified in the plan, elected respectively from
communities, which collectively include all of the territory within the county, having boundaries
described in the plan embracing substantially equal populations. In addition to other powers
vested in the countywide government by law or pursuant to this act, the county council shall have
all of the legislative and policymaking powers which it is possible for the governing body of a
county or a city to possess and which are not expressly denied by the constitution, by a general
law applicable to all cities or all counties, or by a specific restriction in the plan itself.
(4) The voters of each community shall elect a community council composed of the
community's elected member of the county council, who shall be chairman of the community
council, and not less than two nor more than four additional members elected either from districts
of substantially equal population within the community, or at large therein, as may be provided in
the plan. A community council shall have the power and duty, in conformity with guidelines
prescribed by the county council, to adopt policies and formulate specific programs relating to
and defining the kinds and levels of local governmental services necessary to satisfy the needs
and desires of the citizens within the community, but a community council shall have no power
to engage personnel or to acquire facilities, property, or equipment for the administration or
performance of such services. Authorized programs for local governmental services which have
been approved by a community council shall be submitted to the county council for
implementation and shall be carried into effect by the county council and county executive
unless, by a vote of not less than 3/4 of its entire membership, the county council determines that
a particular program, in whole or in part, should be rejected as contrary to the general welfare of
the county. A community council program for local governmental services within a community:
(a) shall include a method or methods for financing such services;
(b) may provide for supplying of such services by contract or by joint or cooperative
action pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, in which case the community
council shall be considered a "public agency" within the meaning of said act; and
(c) may provide for supplying of such services through the creation of service areas
pursuant to Title 17B, Chapter 2a, Part 9, Service Area Act.
(5) Notwithstanding Subsection (4), in any community which includes, in whole or in
part, the territory of a city or town, no community council program for local government services
above the minimum level of area-wide services provided countywide may be submitted to the
county council for implementation unless it first is submitted to the governing body of each such
city or town for review. Within 30 days after such submission, the governing body of the city or
town:
(a) may file with the community council a written statement of its comments,
suggestions, and recommendations relating to the program, and the community council shall give
due consideration thereto; or
(b) may, by resolution or ordinance, provide that any designated part of the community
council program relating to a service to be provided within the city or town shall be submitted to
the voters thereof at a general or special election to be held therein within 60 days after the date
of the resolution or ordinance. Any part of the program submitted to the voters of a city or town
under this Subsection (5) shall not be included in the program as submitted to the county council
unless it receives an approving vote at such election by majority of all votes cast on the question.
(6) Except as provided herein, the qualifications, mode of election, term of office,
method of removal, procedure to fill vacancies, compensation, and other appropriate provisions
relating to membership on the county council or community councils shall be provided in the
plan.
(7) Upon the effective date of the plan and as provided in it, all properties and assets,
whether tangible or intangible, and all obligations, debts, and liabilities, of those governmental
entities which are merged into the new countywide government shall become vested and
transferred by operation of law in and to the new countywide government. The properties, assets,
obligations, debts, and liabilities of any city or town not merged into the new countywide
government, so far as allocated, used, or incurred primarily to discharge a function which under
the plan will no longer be a responsibility of the city or town, shall likewise be vested in and
transferred to the new countywide government. All transfers under this Subsection (7) shall be
subject to equitable adjustments, conditions, and limitations provided in the plan and determined
by procedures specified in the plan, but the contractual rights of any bondholder or creditor shall
not be impaired.
(8) Upon the effective date of the plan and as provided in it, nonelective officers and
employees of governmental entities which are merged into the new countywide government and
such officers and employees of nonmerged cities or towns whose qualifications and duties relate
primarily to functions which under the plan will no longer be a responsibility of those cities or
towns, shall be blanketed in and transferred to the new countywide government as officers and
employees of it. Standards and procedures relating to such personnel transfers, and for resolving
disputes or grievances relating thereto, shall be provided in the plan.
Amended by Chapter 329, 2007 General Session
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Last revised: Thursday, May 28, 2009