Title 17 Counties
Chapter 35b Consolidation of Local Government Units
Section 304 Consolidated city and county -- Structural form.
17-35b-304. Consolidated city and county -- Structural form.
(1) The structural form of county government known as the "consolidated city and
county" 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, county service areas, and other local public entities functioning within the
boundaries of the county, except school districts. The consolidated government shall with the
consent of the continuing municipalities 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 in them were empowered to provide for their residents.
No such service, however, shall be provided within an incorporated municipality which continues
to provide that such service for its own inhabitants, except upon a contract basis for the
municipality. No taxes, assessments, fees, or other charges shall be extended or collected by the
consolidated government within any 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 consolidated government.
(3) The governing body of the consolidated government shall be a council composed of
not less than five persons elected as specified in the plan. In addition to other powers vested in the
consolidated government by law or pursuant to this act, the county council shall have all 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 general law applicable
to all cities or all counties, or by a specific restriction in the plan itself.
(4) Except as provided in this act, the qualifications, mode of election, term of office,
method of removal, procedure to fill vacancies, compensation, or other appropriate provisions
relating to membership on the county council shall be provided in the plan.
(5) Upon the effective date of the plan, 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 consolidated government shall become vested and transferred
by operation of law in and to the consolidated government. The properties, assets, obligations,
debts, and liabilities of any city or town not merged into the consolidated 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
consolidated government. All transfers under this Subsection (5) 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.
(6) Upon the effective date of the plan, and as provided in it, nonelective officers and
employees of the governmental entities which are merged into the consolidated 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 consolidated government as officers and
employees of it. Standards and procedures relating to such personnel transfers and for resolving
disputes or grievances relating to them shall be provided in the plan.
Enacted by Chapter 369, 1998 General Session
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