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H.B. 130
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5 AN ACT RELATING TO COUNTIES; RENUMBERING AND AMENDING PROVISIONS
6 RELATING TO COUNTY BOUNDARIES AND POWERS, THE POWERS AND DUTIES OF
7 COUNTY OFFICERS, AND OTHER MATTERS; REPEALING VARIOUS COUNTY
8 PROVISIONS; PROVIDING FOR LEGISLATIVE AND EXECUTIVE POWERS, DUTIES,
9 AND FUNCTIONS OF COUNTY OFFICERS; PROVIDING FOR A COUNTY RESOURCE
10 DEVELOPMENT COMMITTEE; PROVIDING FOR AN EXPANDED COUNTY
11 COMMISSION FORM OF COUNTY GOVERNMENT; MAKING TECHNICAL CHANGES;
12 AND PROVIDING A COORDINATION CLAUSE.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 ENACTS:
15 17-50-101, Utah Code Annotated 1953
16 17-50-201, Utah Code Annotated 1953
17 17-50-204, Utah Code Annotated 1953
18 17-50-401, Utah Code Annotated 1953
19 17-52-102, Utah Code Annotated 1953
20 17-52-207, Utah Code Annotated 1953
21 17-52-502, Utah Code Annotated 1953
22 17-53-102, Utah Code Annotated 1953
23 17-53-103, Utah Code Annotated 1953
24 17-53-201, Utah Code Annotated 1953
25 17-53-212, Utah Code Annotated 1953
26 17-53-301, Utah Code Annotated 1953
27 17-53-302, Utah Code Annotated 1953
28 17-53-303, Utah Code Annotated 1953
29 17-53-304, Utah Code Annotated 1953
30 17-53-306, Utah Code Annotated 1953
31 17-53-312, Utah Code Annotated 1953
32 RENUMBERS AND AMENDS:
33 17-20-1.5, (Renumbered from 17-5-208, as renumbered and amended by Chapters 146 and
34 147, Laws of Utah 1994)
35 17-20-1.7, (Renumbered from 17-5-209, as renumbered and amended by Chapter 147,
36 Laws of Utah 1994)
37 17-36-46, (Renumbered from 17-4-6, as enacted by Chapter 25, Laws of Utah 1959)
38 17-36-47, (Renumbered from 17-4-7, as last amended by Chapter 21, Laws of Utah 1963)
39 17-36-48, (Renumbered from 17-4-9, as last amended by Chapter 5, Laws of Utah 1991)
40 17-36-49, (Renumbered from 17-4-10, as enacted by Chapter 25, Laws of Utah 1959)
41 17-36-50, (Renumbered from 17-4-11, as enacted by Chapter 25, Laws of Utah 1959)
42 17-36-51, (Renumbered from 17-4-14, as last amended by Chapter 3, Laws of Utah 1988)
43 17-36-52, (Renumbered from 17-4-15, as enacted by Chapter 69, Laws of Utah 1977)
44 17-36-53, (Renumbered from 17-4-16, as last amended by Chapter 3, Laws of Utah 1988)
45 17-36-54, (Renumbered from 17-4-17, as enacted by Chapter 69, Laws of Utah 1977)
46 17-50-102, (Renumbered from 17-4-5, Utah Code Annotated 1953)
47 17-50-202, (Renumbered from 17-1-2, Utah Code Annotated 1953)
48 17-50-203, (Renumbered from 17-1-3, Utah Code Annotated 1953)
49 17-50-205, (Renumbered from 17-1-4, Utah Code Annotated 1953)
50 17-50-206, (Renumbered from 17-1-5, Utah Code Annotated 1953)
51 17-50-207, (Renumbered from 17-1-6, Utah Code Annotated 1953)
52 17-50-208, (Renumbered from 17-1-7, Utah Code Annotated 1953)
53 17-50-209, (Renumbered from 17-1-8, Utah Code Annotated 1953)
54 17-50-210, (Renumbered from 17-1-9, Utah Code Annotated 1953)
55 17-50-211, (Renumbered from 17-1-10, as last amended by Chapter 67, Laws of Utah
56 1977)
57 17-50-212, (Renumbered from 17-1-11, Utah Code Annotated 1953)
58 17-50-213, (Renumbered from 17-1-12, Utah Code Annotated 1953)
59 17-50-214, (Renumbered from 17-1-13, Utah Code Annotated 1953)
60 17-50-215, (Renumbered from 17-1-14, Utah Code Annotated 1953)
61 17-50-216, (Renumbered from 17-1-15, Utah Code Annotated 1953)
62 17-50-217, (Renumbered from 17-1-16, Utah Code Annotated 1953)
63 17-50-218, (Renumbered from 17-1-17, Utah Code Annotated 1953)
64 17-50-219, (Renumbered from 17-1-18, Utah Code Annotated 1953)
65 17-50-220, (Renumbered from 17-1-19, Utah Code Annotated 1953)
66 17-50-221, (Renumbered from 17-1-20, Utah Code Annotated 1953)
67 17-50-222, (Renumbered from 17-1-21, Utah Code Annotated 1953)
68 17-50-223, (Renumbered from 17-1-22, Utah Code Annotated 1953)
69 17-50-224, (Renumbered from 17-1-23, Utah Code Annotated 1953)
70 17-50-225, (Renumbered from 17-1-24, Utah Code Annotated 1953)
71 17-50-226, (Renumbered from 17-1-25, Utah Code Annotated 1953)
72 17-50-227, (Renumbered from 17-1-26, Utah Code Annotated 1953)
73 17-50-228, (Renumbered from 17-1-27, as last amended by Chapter 67, Laws of Utah
74 1977)
75 17-50-229, (Renumbered from 17-1-28, Utah Code Annotated 1953)
76 17-50-230, (Renumbered from 17-1-29, Utah Code Annotated 1953)
77 17-50-231, (Renumbered from 17-1-30, Utah Code Annotated 1953)
78 17-50-232, (Renumbered from 17-1-31, Utah Code Annotated 1953)
79 17-50-233, (Renumbered from 17-1-32, Utah Code Annotated 1953)
80 17-50-301, (Renumbered from 17-4-2, as last amended by Chapter 227, Laws of Utah
81 1993)
82 17-50-302, (Renumbered from 17-4-3, Utah Code Annotated 1953)
83 17-50-303, (Renumbered from 17-4-4, as last amended by Chapter 227, Laws of Utah
84 1993)
85 17-50-304, (Renumbered from 17-5-219, as renumbered and amended by Chapter 147,
86 Laws of Utah 1994)
87 17-50-305, (Renumbered from 17-5-229, as renumbered and amended by Chapter 147,
88 Laws of Utah 1994)
89 17-50-306, (Renumbered from 17-5-232, as last amended by Chapter 365, Laws of Utah
90 1999)
91 17-50-307, (Renumbered from 17-5-233, as renumbered and amended by Chapter 147,
92 Laws of Utah 1994)
93 17-50-308, (Renumbered from 17-5-234, as renumbered and amended by Chapter 147,
94 Laws of Utah 1994)
95 17-50-309, (Renumbered from 17-5-235, as renumbered and amended by Chapter 147,
96 Laws of Utah 1994)
97 17-50-310, (Renumbered from 17-5-236, as renumbered and amended by Chapter 147,
98 Laws of Utah 1994)
99 17-50-311, (Renumbered from 17-5-237, as last amended by Chapter 365, Laws of Utah
100 1999)
101 17-50-312, (Renumbered from 17-5-239, as last amended by Chapter 365, Laws of Utah
102 1999)
103 17-50-313, (Renumbered from 17-5-242, as renumbered and amended by Chapter 147,
104 Laws of Utah 1994)
105 17-50-314, (Renumbered from 17-5-243, as renumbered and amended by Chapter 147,
106 Laws of Utah 1994)
107 17-50-315, (Renumbered from 17-5-245, as renumbered and amended by Chapter 147,
108 Laws of Utah 1994)
109 17-50-316, (Renumbered from 17-5-256, as renumbered and amended by Chapter 147,
110 Laws of Utah 1994)
111 17-50-317, (Renumbered from 17-5-264, as renumbered and amended by Chapter 147,
112 Laws of Utah 1994)
113 17-50-318, (Renumbered from 17-5-265, as renumbered and amended by Chapters 12 and
114 147, Laws of Utah 1994)
115 17-50-319, (Renumbered from 17-5-271, as renumbered and amended by Chapter 147,
116 Laws of Utah 1994)
117 17-50-320, (Renumbered from 17-5-275, as renumbered and amended by Chapter 147,
118 Laws of Utah 1994)
119 17-50-321, (Renumbered from 17-15-17, as last amended by Chapter 38, Laws of Utah
120 1993)
121 17-50-322, (Renumbered from 17-15-21, as enacted by Chapter 36, Laws of Utah 1977)
122 17-50-402, (Renumbered from 17-15-10, as last amended by Chapter 227, Laws of Utah
123 1993)
124 17-50-403, (Renumbered from 17-15-11, Utah Code Annotated 1953)
125 17-50-404, (Renumbered from 17-15-12, Utah Code Annotated 1953)
126 17-50-405, (Renumbered from 17-15-13, as last amended by Chapter 227, Laws of Utah
127 1993)
128 17-50-406, (Renumbered from 17-15-14, as last amended by Chapter 146, Laws of Utah
129 1994)
130 17-50-407, (Renumbered from 17-15-15, Utah Code Annotated 1953)
131 17-52-101, (Renumbered from 17-35a-102, as enacted by Chapter 369, Laws of Utah
132 1998)
133 17-52-201, (Renumbered from 17-35a-201, as enacted by Chapter 369, Laws of Utah
134 1998)
135 17-52-202, (Renumbered from 17-35a-202, as enacted by Chapter 369, Laws of Utah
136 1998)
137 17-52-203, (Renumbered from 17-35a-203, as last amended by Chapter 265, Laws of Utah
138 1999)
139 17-52-204, (Renumbered from 17-35a-203.5, as enacted by Chapter 265, Laws of Utah
140 1999)
141 17-52-205, (Renumbered from 17-35a-203.7, as enacted by Chapter 265, Laws of Utah
142 1999)
143 17-52-206, (Renumbered from 17-35a-204, as last amended by Chapter 265, Laws of Utah
144 1999)
145 17-52-301, (Renumbered from 17-35a-301, as enacted by Chapter 369, Laws of Utah
146 1998)
147 17-52-302, (Renumbered from 17-35a-302, as enacted by Chapter 369, Laws of Utah
148 1998)
149 17-52-303, (Renumbered from 17-35a-303, as enacted by Chapter 369, Laws of Utah
150 1998)
151 17-52-401, (Renumbered from 17-35a-401, as enacted by Chapter 369, Laws of Utah
152 1998)
153 17-52-402, (Renumbered from 17-35a-402, as enacted by Chapter 369, Laws of Utah
154 1998)
155 17-52-403, (Renumbered from 17-35a-403, as enacted by Chapter 369, Laws of Utah
156 1998)
157 17-52-404, (Renumbered from 17-35a-404, as enacted by Chapter 369, Laws of Utah
158 1998)
159 17-52-501, (Renumbered from 17-5-101, as renumbered and amended by Chapter 147,
160 Laws of Utah 1994)
161 17-52-503, (Renumbered from 17-35a-501, as enacted by Chapter 369, Laws of Utah
162 1998)
163 17-52-504, (Renumbered from 17-35a-502, as last amended by Chapter 21, Laws of Utah
164 1999)
165 17-52-505, (Renumbered from 17-35a-503, as last amended by Chapter 21, Laws of Utah
166 1999)
167 17-52-506, (Renumbered from 17-35a-504, as enacted by Chapter 369, Laws of Utah
168 1998)
169 17-53-101, (Renumbered from 17-16-2, as last amended by Chapter 38, Laws of Utah
170 1993)
171 17-53-104, (Renumbered from 17-5-206, as last amended by Chapter 265, Laws of Utah
172 1999)
173 17-53-105, (Renumbered from 17-5-216, as last amended by Chapter 139, Laws of Utah
174 1997)
175 17-53-202, (Renumbered from 17-5-102, as renumbered and amended by Chapter 147,
176 Laws of Utah 1994)
177 17-53-203, (Renumbered from 17-5-201, as renumbered and amended by Chapters 146
178 and 147, Laws of Utah 1994)
179 17-53-204, (Renumbered from 17-5-202, as renumbered and amended by Chapters 146
180 and 147, Laws of Utah 1994)
181 17-53-205, (Renumbered from 17-5-203, as renumbered and amended by Chapter 147,
182 Laws of Utah 1994)
183 17-53-206, (Renumbered from 17-5-204, as renumbered and amended by Chapter 147,
184 Laws of Utah 1994)
185 17-53-207, (Renumbered from 17-5-205, as renumbered and amended by Chapters 146
186 and 147, Laws of Utah 1994)
187 17-53-208, (Renumbered from 17-15-1, as last amended by Chapter 244, Laws of Utah
188 1999)
189 17-53-209, (Renumbered from 17-5-210, as renumbered and amended by Chapter 147,
190 Laws of Utah 1994)
191 17-53-210, (Renumbered from 17-5-211, as renumbered and amended by Chapter 147,
192 Laws of Utah 1994)
193 17-53-211, (Renumbered from 17-5-213, as renumbered and amended by Chapter 147,
194 Laws of Utah 1994)
195 17-53-213, (Renumbered from 17-5-215, as renumbered and amended by Chapter 147,
196 Laws of Utah 1994)
197 17-53-214, (Renumbered from 17-5-217, as renumbered and amended by Chapter 147,
198 Laws of Utah 1994)
199 17-53-215, (Renumbered from 17-5-220, as renumbered and amended by Chapter 147,
200 Laws of Utah 1994)
201 17-53-216, (Renumbered from 17-5-221, as renumbered and amended by Chapter 147,
202 Laws of Utah 1994)
203 17-53-217, (Renumbered from 17-5-222, as renumbered and amended by Chapter 147,
204 Laws of Utah 1994)
205 17-53-218, (Renumbered from 17-5-228, as renumbered and amended by Chapter 147,
206 Laws of Utah 1994)
207 17-53-219, (Renumbered from 17-5-246, as renumbered and amended by Chapter 147,
208 Laws of Utah 1994)
209 17-53-220, (Renumbered from 17-5-247, as renumbered and amended by Chapter 147,
210 Laws of Utah 1994)
211 17-53-221, (Renumbered from 17-5-248, as renumbered and amended by Chapter 147,
212 Laws of Utah 1994)
213 17-53-222, (Renumbered from 17-5-255, as renumbered and amended by Chapter 147,
214 Laws of Utah 1994)
215 17-53-223, (Renumbered from 17-5-258, as renumbered and amended by Chapter 147,
216 Laws of Utah 1994)
217 17-53-224, (Renumbered from 17-5-263, as renumbered and amended by Chapters 146
218 and 147, Laws of Utah 1994)
219 17-53-225, (Renumbered from 17-5-272, as renumbered and amended by Chapter 147,
220 Laws of Utah 1994)
221 17-53-226, (Renumbered from 17-5-273, as last amended by Chapter 123, Laws of Utah
222 1997)
223 17-53-227, (Renumbered from 17-15-2, as last amended by Chapter 146, Laws of Utah
224 1994)
225 17-53-305, (Renumbered from 17-5-218, as renumbered and amended by Chapter 147,
226 Laws of Utah 1994)
227 17-53-307, (Renumbered from 17-5-259, as renumbered and amended by Chapters 146
228 and 147, Laws of Utah 1994)
229 17-53-308, (Renumbered from 17-15-3, as last amended by Chapter 365, Laws of Utah
230 1999)
231 17-53-309, (Renumbered from 17-15-4, as last amended by Chapter 265, Laws of Utah
232 1995)
233 17-53-310, (Renumbered from 17-15-5, as last amended by Chapter 265, Laws of Utah
234 1995)
235 17-53-311, (Renumbered from 17-5-274, as last amended by Chapter 13, Laws of Utah
236 1998)
237 21-2-8, (Renumbered from 17-5-214, as last amended by Chapter 375, Laws of Utah 1997)
238 REPEALS:
239 17-1-1, Utah Code Annotated 1953
240 17-1-33, as last amended by Chapter 227, Laws of Utah 1993
241 17-4-1, Utah Code Annotated 1953
242 17-4-12, as enacted by Chapter 69, Laws of Utah 1977
243 17-4-13, as enacted by Chapter 69, Laws of Utah 1977
244 17-5-103, as renumbered and amended by Chapter 147, Laws of Utah 1994
245 17-5-104, as renumbered and amended by Chapter 147, Laws of Utah 1994
246 17-5-207, as renumbered and amended by Chapter 147, Laws of Utah 1994
247 17-5-223, as renumbered and amended by Chapter 147, Laws of Utah 1994
248 17-5-224, as renumbered and amended by Chapter 147, Laws of Utah 1994
249 17-5-225, as last amended by Chapter 182, Laws of Utah 1998
250 17-5-226, as renumbered and amended by Chapter 147, Laws of Utah 1994
251 17-5-227, as renumbered and amended by Chapter 147, Laws of Utah 1994
252 17-5-230, as renumbered and amended by Chapter 147, Laws of Utah 1994
253 17-5-231, as renumbered and amended by Chapter 147, Laws of Utah 1994
254 17-5-238, as renumbered and amended by Chapter 147, Laws of Utah 1994
255 17-5-240, as renumbered and amended by Chapter 147, Laws of Utah 1994
256 17-5-241, as renumbered and amended by Chapter 147, Laws of Utah 1994
257 17-5-244, as renumbered and amended by Chapter 147, Laws of Utah 1994
258 17-5-249, as renumbered and amended by Chapter 147, Laws of Utah 1994
259 17-5-250, as renumbered and amended by Chapter 147, Laws of Utah 1994
260 17-5-251, as renumbered and amended by Chapter 147, Laws of Utah 1994
261 17-5-252, as renumbered and amended by Chapter 147, Laws of Utah 1994
262 17-5-253, as renumbered and amended by Chapter 147, Laws of Utah 1994
263 17-5-254, as renumbered and amended by Chapter 147, Laws of Utah 1994
264 17-5-257, as renumbered and amended by Chapter 147, Laws of Utah 1994
265 17-5-260, as renumbered and amended by Chapter 147, Laws of Utah 1994
266 17-5-261, as renumbered and amended by Chapter 147, Laws of Utah 1994
267 17-5-262, as renumbered and amended by Chapter 147, Laws of Utah 1994
268 17-5-266, as renumbered and amended by Chapter 147, Laws of Utah 1994
269 17-5-267, as renumbered and amended by Chapter 147, Laws of Utah 1994
270 17-5-268, as renumbered and amended by Chapter 147, Laws of Utah 1994
271 17-5-269, as renumbered and amended by Chapter 147, Laws of Utah 1994
272 17-5-270, as renumbered and amended by Chapter 147, Laws of Utah 1994
273 17-35a-101, as enacted by Chapter 369, Laws of Utah 1998
274 17-35a-103, as enacted by Chapter 369, Laws of Utah 1998
275 Be it enacted by the Legislature of the state of Utah:
276 Section 1. Section 17-20-1.5 , which is renumbered from Section 17-5-208 is renumbered
277 and amended to read:
278 [
279 The county clerk is the clerk of the county legislative body. [
280
281 Section 2. Section 17-20-1.7 , which is renumbered from Section 17-5-209 is renumbered
282 and amended to read:
283 [
284 The clerk [
285 (1) [
286 (2) [
287 body on all questions concerning the raising of money for, and the allowance of accounts against,
288 the county[
289 (3) [
290 division[
291 (4) [
292 legislative body, prepare and certify duplicate lists of all claims passed upon [
293 showing the amount and date of each claim or order and the date of the allowance or rejection
294 [
295 county legislative body; [
296 (5) deliver to and leave with the county auditor one of [
297 Subsection (4) and [
298 [
299 legislative body;
300 [
301 legislative body, except such as are necessarily kept by the auditor[
302 [
303 the action of the [
304 [
305 county [
306
307 [
308 county [
309
310 [
311 (12) keep all county books, records, and accounts at the clerk's office and keep them open
312 at all times during regular business hours for public inspection; and
313 [
314 [
315 Section 3. Section 17-36-46 , which is renumbered from Section 17-4-6 is renumbered and
316 amended to read:
317 [
318 -- Limitation.
319 (1) The [
320 ordinance, a cumulative reserve fund to be accumulated by levy for the purpose of financing the
321 purchase of real property and the cost of planning, constructing or rehabilitating public buildings
322 or other public works and capital improvements.
323 (2) (a) Before [
324 legislative body shall designate by ordinance the specific purpose for which the fund is established
325 [
326 (b) Except as provided in Section 17-36-50 , all funds in a reserve fund under Subsection
327 (1) shall be expended for the designated purposes[
328 Section 4. Section 17-36-47 , which is renumbered from Section 17-4-7 is renumbered and
329 amended to read:
330 [
331 required -- Tax levy -- Accumulation from year to year -- Restriction on use.
332 (1) The [
333 fund under Section 17-36-46 may:
334 (a) include in the annual budget or estimate of amounts required to meet the public
335 expenses of such subdivision for the ensuing year such sum as it [
336 for the uses and purposes of the fund[
337 (b) include those amounts in the annual tax levy of the political subdivision.
338 (2) The moneys in [
339 the governing body of the political subdivision [
340 in the fund for the purpose specified. [
341 (3) Money in [
342 available for future use, and [
343 purpose.
344 (4) This section does not apply if the reserve fund equals or exceeds .6% of the taxable
345 value of the county.
346 Section 5. Section 17-36-48 , which is renumbered from Section 17-4-9 is renumbered and
347 amended to read:
348 [
349 of unencumbered surplus funds of political subdivisions -- When tax levy not required.
350 At any time after the creation of [
351 [
352 funds remaining [
353
354
355 Section 6. Section 17-36-49 , which is renumbered from Section 17-4-10 is renumbered
356 and amended to read:
357 [
358 Interest and income from investments part of fund.
359 (1) All moneys belonging to [
360 17-36-46 shall be invested in such securities as are legal for other funds of the political
361 subdivisions.
362 (2) The interest and income from the investments shall be a part of the fund.
363 Section 7. Section 17-36-50 , which is renumbered from Section 17-4-11 is renumbered
364 and amended to read:
365 [
366 other than originally specified -- Special election.
367 (1) The [
368 [
369 originally specified to the electors of such political subdivisions or taxing bodies at a special
370 election, provided, such projects are for the purposes set forth in Section [
371
372 (2) If a proposition under Subsection (1) is proposed, the [
373 body [
374
375 Section 8. Section 17-36-51 , which is renumbered from Section 17-4-14 is renumbered
376 and amended to read:
377 [
378 tax levy.
379 (1) (a) Notwithstanding anything to the contrary contained in [
380
381 ordinance establish and maintain a tax stability and trust fund [
382
383 years with less favorable tax revenues. [
384 (b) Each fund under Subsection (1)(a) shall be subject to all of the limitations and
385 restrictions imposed by this section and Sections [
386 17-36-53.
387 (c) The principal of the fund shall [
388 accordance with Subsection (2) and interest or other income retained in the fund under Subsection
389 [
390 (2) After [
391 provided in Subsection (1), the [
392 property tax levied by the county under Section 59-2-908 , may establish the levy at a level not to
393 exceed [
394 permit the county to receive during that fiscal year sums in excess of what may be required to
395 provide for the purposes of the county. Any excess sums so received are to be transferred from
396 the General Fund of the county into the tax stability and trust fund.
397 Section 9. Section 17-36-52 , which is renumbered from Section 17-4-15 is renumbered
398 and amended to read:
399 [
400 income.
401 (1) All amounts in the tax stability and trust fund [
402 Section 17-36-51 may be deposited or invested as provided in Section 51-7-11 . These amounts
403 may also be transferred by the county treasurer to the state treasurer under Section 51-7-5 for [
404 the treasurer's management and control under [
405 Act [
406 (2) The interest or other income realized from amounts in the tax stability and trust fund
407 shall be returned to the general fund of the county during the fiscal year in which the income or
408 interest is paid to the extent the interest or income is required by the county to provide for its
409 purposes during that fiscal year. Any amounts so returned may be used for all purposes as other
410 amounts in such general fund. Any interest or income not so returned to the county's general fund
411 shall be added to the principal of that county's tax stability and trust fund.
412 Section 10. Section 17-36-53 , which is renumbered from Section 17-4-16 is renumbered
413 and amended to read:
414 [
415 (1) The total amount in [
416 established under Section 17-36-51 shall be limited to the percentage of the total taxable value of
417 property in that county not to exceed the limits provided in the following schedule:
418 Total Taxable Value Fund Limits but not to
419 Percentage of exceed:
420 Taxable Value
421 Less than $500,000,000 1.6% $5,000,000
422 From 500,000,000
423 to 1,500,000,000 1.0% 7,500,000
424 Over 1,500,000,000 .5% 15,000,000
425 (2) If any excess occurs in the tax stability and trust fund over the percentage or maximum
426 dollar amounts specified in Subsection (1), this excess shall be transferred to the general fund of
427 the county and may be used for all purposes as other amounts in the general fund are used.
428 (3) If any excess in the fund exists because of a decrease in total taxable value, that excess
429 may remain in the fund, but if the excess amount in the fund is decreased below the limitations of
430 the fund for any reason, the fund limitations established under Subsection (1) apply.
431 Section 11. Section 17-36-54 , which is renumbered from Section 17-4-17 is renumbered
432 and amended to read:
433 [
434 Election.
435 If the [
436 a tax stability and trust fund under Section 17-36-51 determines that it is necessary for purposes
437 of that county to use any portion of the principal of the [
438
439 the electorate of that county in a special election called and held in the manner provided for in [
440 Title 11, Chapter 14, Utah Municipal Bond Act [
441 elections. If the proposition is approved at this special election by a majority of the qualified
442 electors of the county voting at the election, then that portion of the principal of the fund covered
443 by the proposition may be transferred to the county's general fund for use for purposes of that
444 county.
445 Section 12. Section 17-50-101 is enacted to read:
446
447
448 17-50-101. Definitions.
449 As used in this title:
450 (1) "County" means a unit of local government that is a body corporate and politic and a
451 legal subdivision of the state, with geographic boundaries as provided in Part 2, Boundaries, and
452 powers as provided in Part 3, County Powers.
453 (2) "Executive," when used to describe the powers, duties, or functions of a person or body
454 elected or appointed as the county executive, manager, or administrative officer, refers to:
455 (a) the power and duty to carry laws and ordinances into effect and secure their due
456 observance; and
457 (b) those powers, duties, and functions that have, through long usage and accepted practice
458 and custom at the federal and state level, come to be regarded as belonging to the executive branch
459 of government.
460 (3) "Legislative," when used to describe the powers, duties, or functions of a county
461 commission or council, refers to:
462 (a) the power and duty to enact ordinances; and
463 (b) those powers, duties, and functions that have, through long usage and accepted practice
464 and custom at the federal and state level, come to be regarded as belonging to the legislative branch
465 of government.
466 Section 13. Section 17-50-102 , which is renumbered from Section 17-4-5 is renumbered
467 and amended to read:
468 [
469 [
470 allowance, payment, and purported [
471 violation of this title shall be absolutely void and shall never be the foundation or basis of a claim
472 against the county. [
473
474 Section 14. Section 17-50-201 is enacted to read:
475
476 17-50-201. Definitions.
477 As used in this part:
478 (1) "Range" refers to the Salt Lake meridian and base line of the United States survey,
479 unless the context plainly indicates otherwise.
480 (2) "Section" refers to the Salt Lake meridian and base line of the United States survey,
481 unless the context plainly indicates otherwise.
482 (3) "Township" refers to the Salt Lake meridian and base line of the United States survey.
483 Section 15. Section 17-50-202 , which is renumbered from Section 17-1-2 is renumbered
484 and amended to read:
485 [
486 In the description of courses in this part, the words "north," "south," "east" and "west" shall
487 be [
488 Section 16. Section 17-50-203 , which is renumbered from Section 17-1-3 is renumbered
489 and amended to read:
490 [
491 The [
492 are described in this part are the counties of the state until [
493 Section 17. Section 17-50-204 is enacted to read:
494 17-50-204. Disputed boundaries.
495 (1) If a dispute or uncertainty arises as to the true location of a county boundary described
496 in this part, the surveyors of each county whose boundary is the subject of the dispute or
497 uncertainty may determine the true location.
498 (2) (a) If the county surveyors fail to agree on or otherwise fail to establish the true
499 location of the county boundary, the county executive of either or both of the affected counties
500 shall engage the services of the state engineer.
501 (b) After being engaged under Subsection (2)(a), the state engineer shall notify the
502 surveyor of each county whose boundary is the subject of the dispute or uncertainty of the
503 procedure the state engineer will use to determine the true location of the boundary.
504 (c) With the assistance of each surveyor who chooses to participate, the state engineer shall
505 determine permanently the true location of the boundary by marking surveys and erecting suitable
506 monuments to designate the boundary.
507 (d) Each boundary established under this Subsection (2) shall be considered permanent
508 until superseded by legislative enactment.
509 (3) Nothing in this section may be construed to give the county surveyors or state engineer
510 any authority other than to erect suitable monuments to designate county boundaries as they are
511 described in this part.
512 Section 18. Section 17-50-205 , which is renumbered from Section 17-1-4 is renumbered
513 and amended to read:
514 [
515 The geographic boundaries of Beaver County are described as follows: Beginning at a point
516 on the summit of the range separating the Beaver and Pavant Valleys from Sevier Valley east of
517 a point two miles south of the south side of Fort Wilden on Cove Creek, thence west to the state
518 boundary; thence south to the line separating townships 30 and 31 south; thence east to the summit
519 of said range; thence northerly along said summit to the point of beginning.
520 Section 19. Section 17-50-206 , which is renumbered from Section 17-1-5 is renumbered
521 and amended to read:
522 [
523 The geographic boundaries of Box Elder County are described as follows: Beginning at the
524 intersection of the northern boundary of the state and the summit of the range next east of Malad
525 Valley, thence west to the northwest corner of the state; thence south to the forty-first parallel of
526 north latitude; thence east to the western shore of Great Salt Lake; thence northeasterly along, and
527 to the middle point of, a straight line drawn between said point on the lake and a point on the east
528 shore thereof due west of the middle of the channel of the Weber River at a point north of the
529 northwest corner of Kingston's Fort; thence northeasterly along a straight line drawn from said
530 middle point of said line to a point on the west line of range 3 west, due west from the Hot Springs
531 situated at the point of the mountain north of Ogden; thence east to said springs; thence
532 northeasterly along the summit of the spur range terminating at said springs to, and thence along,
533 the summit of the Wasatch Mountains, passing around the headwaters of Box Elder and Willow
534 creeks, and crossing the Bear River at the middle point of its lower canyon, to, and thence
535 northerly along, the summit of the range of mountains next east of Malad Valley to the point of
536 beginning.
537 Section 20. Section 17-50-207 , which is renumbered from Section 17-1-6 is renumbered
538 and amended to read:
539 [
540 The geographic boundaries of Cache County are described as follows: Beginning at the
541 intersection of the northern boundary of the state and the summit of the watershed separating the
542 Cache and Bear Lake Valleys, thence west along the said boundary to the summit of the range next
543 east of Malad Valley; thence southerly along the summit of the last mentioned range crossing the
544 Bear River at the middle point of its lower canyon to, and thence along, the summit of the Wasatch
545 Range, passing round the headwaters of Box Elder and Willow Creeks; and thence easterly along
546 the summit of said range to its intersection with, and thence northerly along, the summit of the
547 watershed between the Cache and Bear Lake Valleys to the point of beginning.
548 Section 21. Section 17-50-208 , which is renumbered from Section 17-1-7 is renumbered
549 and amended to read:
550 [
551 The geographic boundaries of Carbon County are described as follows: Beginning at the
552 middle of the channel of the Green River where intersected by the line dividing townships 11 and
553 12 south, thence west along said line to the section line running north and south through the middle
554 of range 6 east; thence south to the summit of the watershed next east of Huntington Creek; thence
555 southeasterly along said summit to the third standard parallel south; thence east to the middle of
556 the main channel of the Green River; thence northerly up said channel to the point of beginning.
557 Section 22. Section 17-50-209 , which is renumbered from Section 17-1-8 is renumbered
558 and amended to read:
559 [
560 The geographic boundaries of Daggett County are described as follows: Beginning at the
561 point of intersection of the boundaries of Utah, Wyoming, and Colorado, thence west along the
562 Utah state line to a point which would intersect a line running south through the center of section
563 fifteen (15), township 3 north, range 17 east of the Salt Lake base and meridian; thence south
564 through the center of sections fifteen (15), twenty-two (22), twenty-seven (27) and thirty-four (34),
565 of township 3 north of range 17 east; thence south through the center of sections three (3), ten (10),
566 fifteen (15), twenty-two (22), twenty-seven (27), and thirty-four (34), township 2 north of range
567 17 east of the Salt Lake base and meridian; thence south through the center of sections three (3),
568 ten (10), fifteen (15), and twenty-two (22), of township 1 north of range 17 east of Salt Lake base
569 and meridian to the intersection of the easterly and westerly line of the summit of the Uintah
570 Mountains; thence easterly along the summit of said Uintah Mountains and following the water
571 parting line dividing the watershed of streams flowing generally northerly from those flowing
572 generally southerly to the monument at the top of Mt. Lena; thence easterly to the west quarter (W
573 1/4) corner section twenty-five (25), township one (1) north, range twenty-two (22) east; thence
574 north along the west boundary line of sections twenty-five (25), twenty-four (24), thirteen (13),
575 twelve (12) and one (1), township one (1) north, range twenty-two (22) east to the northwest corner
576 of section one (1), township one (1) north, range twenty-two (22) east; thence east along the south
577 boundary lines of township 2 north, ranges twenty-two (22), twenty-three (23) and twenty-four (24)
578 east to the northwest corner of section three (3), township one (1) north of range twenty-four (24)
579 east; thence south along the west boundary lines of sections three (3), ten (10), fifteen (15),
580 twenty-two (22) and twenty-seven (27) all in township one (1) north of range twenty-four (24) east;
581 thence east along the south boundary lines of sections twenty-seven (27), and twenty-six (26) to
582 the northwest corner of section thirty-six (36), all in township one (1) north of range twenty-four
583 (24) east; thence south along the west line of said section thirty-six (36), to the southwest corner
584 of said section; thence east to the northwest corner of township one (1) south of range twenty-five
585 (25) east; thence south along the west boundary line of township one (1) south of range twenty-five
586 (25) east to the southwest corner of said township; thence east along the south boundary lines of
587 sections thirty-one (31) and thirty-two (32), township one (1) south of range twenty-five (25) east
588 to the northwest corner of section four (4), township two (2) south of range twenty-five (25) east;
589 thence south along the west boundary lines of sections four (4) and nine (9), to the west quarter
590 corner of section nine (9), township two (2) south of range twenty-five (25) east; thence east along
591 the center lines of sections nine (9), ten (10), eleven (11), and twelve (12) township two (2) south
592 of range twenty-five (25) east to the Colorado state line; thence north along the Colorado state line
593 to the point of beginning.
594 Section 23. Section 17-50-210 , which is renumbered from Section 17-1-9 is renumbered
595 and amended to read:
596 [
597 The geographic boundaries of Davis County are described as follows: Beginning at a point
598 in the middle of the channel of the Weber River where crossed by the summit line of the Wasatch
599 Range, thence westerly down the middle of said channel to a point north of the northwest corner
600 of Kingston's Fort; thence west to the east shore of Great Salt Lake; thence southwesterly along
601 and to the middle point of a straight line running between said point on the east shore and a point
602 on the west shore of said lake at latitude 41 degrees north; thence southeasterly along a straight line
603 running between Black Rock on the southern shore of said lake and said middle point of said line
604 to the base line of the United States survey; thence northeasterly and equidistant between Antelope
605 Island and the south shore of said lake to a point west of the mouth of the Jordan River on the west
606 line of range 1 west; thence east to the mouth of the Jordan River; thence southeasterly up the
607 middle of the channel of the Jordan River to a point west of a point 136 rods north of hot spring
608 in the northern part of Salt Lake City; thence east to the summit of the spur range terminating at
609 said hot spring; thence northeasterly along said last mentioned summit to its intersection with, and
610 thence northerly along, the summit of the Wasatch Range to the point of beginning.
611 Section 24. Section 17-50-211 , which is renumbered from Section 17-1-10 is renumbered
612 and amended to read:
613 [
614 The geographic boundaries of Duchesne County are described as follows: Beginning at a
615 point on the summit of the Uintah mountains two sections and one-fifth mile west of the point
616 where the Uintah special meridian intersects the summit of the Uintah Mountains, thence
617 southwesterly along the summit of the mountains to a point due north of the center line between
618 the east and west range lines of range 9 west of the Uintah special meridian; thence south
619 intersecting and thence following the center line of range 9 west of the Uintah special meridian to
620 a point where it intersects with the second standard parallel south, Salt Lake base and meridian
621 (which point is also an extension east from the Salt Lake base and meridian); thence east to the line
622 between ranges 9 and 10 east of Salt Lake meridian; thence south to the township line between
623 townships 11 and 12 south of the Salt Lake base and meridian; thence east along this township line
624 to a point south of a point located two sections and one-fifth mile west of the Uintah special
625 meridian at the south boundary of the former Uintah Indian Reservation; thence north parallel with
626 the 110 degrees and 00 minutes west longitude to said point; thence northerly, adjacent to and west
627 of the Uintah special meridian a distance of two sections and one-fifth mile to the point of
628 beginning.
629 Section 25. Section 17-50-212 , which is renumbered from Section 17-1-11 is renumbered
630 and amended to read:
631 [
632 The geographic boundaries of Emery County are described as follows: Beginning at the
633 intersection of the third standard parallel south with the middle of the main channel of the Green
634 River, thence west to the summit of the watershed next east of Huntington Creek; thence
635 northwesterly along said summit to the section line running north and south through the middle
636 of range 6 east; thence south to the third standard parallel south; thence west to the line between
637 ranges 5 and 6 east; thence south to parallel 38 degrees 30 minutes north latitude, thence east to
638 the middle of the main channel of the Green River; thence northerly up the middle of said channel
639 to the point of beginning.
640 Section 26. Section 17-50-213 , which is renumbered from Section 17-1-12 is renumbered
641 and amended to read:
642 [
643 The geographic boundaries of Garfield County are described as follows: Beginning at the
644 intersection of the main channel of the Colorado River with the line between townships 30 and 31
645 south, thence west along said township line to the line between ranges 5 and 6 west; thence south
646 to the line between townships 33 and 34 south; thence west to the line between ranges 6 and 7
647 west; thence south to the line between townships 34 and 35 south; thence west to the line between
648 ranges 7 and 8 west; thence south to the line between townships 37 and 38 south; thence east along
649 said line to the main channel of the Colorado River; thence northeasterly up said channel to the
650 point of beginning.
651 Section 27. Section 17-50-214 , which is renumbered from Section 17-1-13 is renumbered
652 and amended to read:
653 [
654 The geographic boundaries of Grand County are described as follows: Beginning at the
655 intersection of the summit of the Brown Cliffs with the eastern boundary of the state, thence
656 westerly along the summit of said cliffs to the third standard parallel south; thence west to the
657 middle of the main channel of the Green River; thence southerly down the middle of said channel
658 to parallel 38 degrees 30 minutes north latitude; thence east to the state boundary; thence north to
659 the point of beginning.
660 Section 28. Section 17-50-215 , which is renumbered from Section 17-1-14 is renumbered
661 and amended to read:
662 [
663 The geographic boundaries of Iron County are described as follows: Beginning at the
664 northwest corner of township 31 south, range 5 west, thence west to the boundary of the state;
665 thence south to the line between townships 36 and 37 south; thence east to the line between ranges
666 16 and 15 west; thence north to the northwest corner of township 37 south, range 15 west; thence
667 east to the northeast corner of township 37 south, range 15 west; thence south to the southeast
668 corner of township 37 south, range 15 west; thence east to the southeast corner of township 37
669 south, range 13 west; thence south to the northeast corner of section 24, township 38 south, range
670 13 west; thence east on the section lines to the intersection of the range line between ranges 12 and
671 11 west; thence south on that range line to the southwest corner of section 18, township 38 south,
672 range 11 west; thence east on the section lines to the intersection of the range line between ranges
673 11 and 10 west; thence north along the range line to the southwest corner of section 18, township
674 38 south, range 10 west; thence east on the section lines to the intersection of the range line
675 between ranges 11 and 10 west, at the northeast corner of section 24, township 38 south, range 10
676 west; thence north to the line separating townships 37 and 38 south; thence east to the line between
677 ranges 8 and 7 west; thence north to the northwest corner of township 35 south, range 7 west;
678 thence east to the northeast corner of said township 35 south, range 7 west; thence north to the
679 northwest corner of township 34 south, range 6 west; thence east to the northeast corner of
680 township 34 south, range 6 west; thence north to the point of beginning.
681 Section 29. Section 17-50-216 , which is renumbered from Section 17-1-15 is renumbered
682 and amended to read:
683 [
684 The geographic boundaries of Juab County are described as follows: Beginning at the
685 intersection of the second standard parallel south with the divide between Cherry and Faust Creeks,
686 thence west to the boundary of the state; thence south to a point due west of the mouth of the lower
687 canyon of the Sevier River; thence east on township line between townships 14 and 15 south to
688 the middle of the channel of said river; thence northeasterly up the channel of said river to its point
689 of intersection with the summit, if prolonged, of the range separating Oak Creek District from
690 Little Valley; thence southerly along the summit of said last mentioned range to the summit of the
691 high ground and mountains between the Round and Little Valleys; thence east on section line
692 nearest the last mentioned summit to the southeast corner of section 16, township 17 south, range
693 2 west; thence south to the southwest corner of section 22 near the top of the dugway on Sevier
694 Hill; thence east on the section line to the southeast corner of section 24, township 17 south, range
695 2 west; thence north on the range line between ranges 1 west and 2 west to the northwest corner
696 of lot 11 in section 18, township 17 south, range 1 west, Salt Lake base and meridian; thence east
697 on section line to the southwest corner of section 8, township 17 south, range 1 west, Salt Lake
698 base and meridian; thence north on section line to the southwest corner of section 32, township 16
699 south, range 1 west, said section corner being about half a mile northerly of the Upper Bluffs or
700 Painted Rocks on the Sevier River; thence east on the township line to the southwest corner of
701 section 34, township 16 south, range 1 west; thence north on section line to the northwest corner
702 of said section 34; thence east on section line to the southeast corner of section 25, township 16
703 south, range 1 east; thence north on the range line between ranges 1 and 2 east to the northwest
704 corner of township 16 south, range 2 east; thence east on township line between townships 15 and
705 16 south, range 2 east, to the northwest corner of section 4, township 16 south, range 2 east; thence
706 north on section line to the northwest corner of section 16, township 13 south, range 2 east; thence
707 east on section line to the quarter section corner common to sections 10 and 15 of said township
708 and range; thence north on quarter line through section 10 to the quarter corner common to
709 sections 3 and 10; thence east on section line to the southwest corner of section 2; thence north on
710 section line to the quarter corner common to sections 2 and 3; thence east on the quarter section
711 line through said section 2 to the quarter corner common to sections 1 and 2; thence north to the
712 northeast corner of said section 2; thence east on the township line between townships 12 and 13
713 south to the southwest corner of township 12 south, range 3 east; thence north on range line
714 between ranges 2 and 3 east to the northwest corner of section 31, township 12 south, range 3 east;
715 thence east on section line to the southwest corner of section 27; thence north on section line to
716 the southeast corner of section 9; thence west on section line to the southwest corner of section 8;
717 thence north on section line to the northwest corner of section 8; thence west on section line to the
718 southwest corner of section 6; thence north on range line between ranges 2 and 3 east to the
719 northwest corner of township 12 south, range 3 east; thence west on township line between
720 townships 11 and 12 south to the summit of the Nebo Range; thence northerly along the summit
721 of the Nebo Range to the summit of the high ground and range between the Utah and Juab Valleys;
722 thence along the last mentioned summit and the summit between the Goshen and Juab Valleys and
723 the summit between the Tintic Valley and the Cedar and Goshen Valleys and the summit between
724 the Tintic and Rush Valleys to the point of beginning.
725 Section 30. Section 17-50-217 , which is renumbered from Section 17-1-16 is renumbered
726 and amended to read:
727 [
728 The geographic boundaries of Kane County are described as follows: Beginning at the
729 middle of the main channel of the Colorado river where intersected by the line separating
730 townships 37 and 38 south, thence west to the line separating ranges 9 and 10 west; thence south
731 to the boundary of the state; thence east to the middle of the main channel of the Colorado river;
732 thence northeasterly up the middle of said channel to the point of beginning.
733 Section 31. Section 17-50-218 , which is renumbered from Section 17-1-17 is renumbered
734 and amended to read:
735 [
736 The geographic boundaries of Millard County are described as follows: Beginning at the
737 southeast corner of section 24, township 17 south, range 2 west, Salt Lake base and meridian, on
738 range line between ranges 1 and 2 west, thence west to the southwest corner of section 22 near the
739 summit of Sevier Hill; thence north to the southeast corner of section 16; thence west on section
740 line to the summit of the range separating Oak Creek district from the Little Valley; thence
741 northerly following the last mentioned summit to its point of intersection, if prolonged, with the
742 middle of the channel of the Sevier River; thence southwesterly down the middle of said channel
743 to the mouth of the lower Sevier Canyon; thence west on the township line between townships 14
744 and 15 south to the boundary of the state; thence south to a point west of a point two miles south
745 of the south side of Fort Wilden on Cove Creek; thence east to the summit of the range separating
746 the Sevier Valley from the Pavant and Round Valleys; thence to the southwest corner of section
747 31, township 25 south, range 5 west; thence east one-half mile; thence north two miles; thence east
748 one mile; thence north three miles; thence east one-half mile; thence north one mile to the
749 northwest corner, section 4, township 25 south, range 5 west; thence east one-half mile; thence
750 north one mile; thence east one mile; thence north one-half mile; thence east five miles to the
751 center of section 28, township 24 south, range 4-1/2 west; thence south one-half mile; thence east
752 two and one-half miles; thence north one-half mile; thence east one mile; thence north one-fourth
753 of a mile; thence east one-half mile; thence north one mile; thence east one-half mile; thence north
754 one-fourth mile to the northwest corner of section 20, township 24 south, range 4 west; thence east
755 one mile; thence north one-half mile; thence east three-fourths miles; thence north one-half mile;
756 thence east one-fourth of a mile to the southwest corner of section 10, township 24 south, range
757 4 west; thence north one-half mile; thence east one mile; thence north two and one-half miles;
758 thence west one-half mile; thence north five miles to the quarter section corner on the north side
759 of section 3, township 23 south, range 4 west; thence north along section line between sections 31
760 and 32 to the northwest corner of section 32, township 22 south, range 3 west; thence east two
761 miles to the southeast corner section 28, township 22 south, range 3 west; thence north one mile;
762 thence east one mile; thence north two miles; thence east one mile; thence east one mile to the
763 southeast corner of section 36, township 21 south, range 3 west; thence north one and one-half
764 miles more or less to the southwest corner of section 21, township 21 south, range 2-1/2 west;
765 thence east to the quarter section corner on the south side of section 19, township 21 south, range
766 2 west; thence north two miles; thence east one-half mile to the southeast corner of section 7,
767 township 21 south, range 2 west; thence north one-half mile; thence east two miles; thence north
768 to the northwest corner of section 3, township 21 south, range 2 west; thence east to the southeast
769 corner of section 36, township 20 south, range 2 west: thence north on the range line between
770 ranges 1-1/2 and 2 west to the southeast corner of section 24, township 17 south, range 2 west, Salt
771 Lake base and meridian to the point of beginning.
772 Section 32. Section 17-50-219 , which is renumbered from Section 17-1-18 is renumbered
773 and amended to read:
774 [
775 The geographic boundaries of Morgan County are described as follows: Beginning at the
776 point on the summit of the Wasatch range of mountains nearest to the eastern headwaters of the
777 Ogden river, thence southwesterly along the summit of said range passing south around the
778 headwaters of the Ogden river to the summit of the main Wasatch range southeast of Ogden City;
779 thence southerly along the summit of said range crossing the Weber canyon and river to the
780 summit of the cross range through which the upper canyon of East Canyon creek runs; thence
781 easterly along the summit of said last mentioned range to, and thence northerly along, the summit
782 of the range between East Canyon creek and the Weber river to the Weber river; thence
783 northeasterly across said river and along the summit of the high land between Lost and Echo
784 Canyon creeks to the summit of the Wasatch range separating the valley of the Bear river from the
785 valley of the Weber river; thence northwesterly along the last mentioned summit to the point of
786 beginning.
787 Section 33. Section 17-50-220 , which is renumbered from Section 17-1-19 is renumbered
788 and amended to read:
789 [
790 The geographic boundaries of Piute County are described as follows: Beginning at the
791 northeast corner of the southeast quarter of the southwest quarter of section 35, township 26 south,
792 range 1 east of the Salt Lake meridian; thence westerly along the 40-line parallel to section line to
793 the range line between 2 and 3 west; thence north on range line to the northeast corner of the
794 southeast quarter of the northeast quarter of section 25, township 26 south, range 3 west of the Salt
795 Lake meridian; thence westerly along the 40-line parallel to the section line, to the northwest
796 corner of the southwest quarter of the northwest quarter of section 34, township 26 south, range
797 6 west to the summit of the range separating Beaver and Pavant Valleys from Sevier Valley; thence
798 southerly following said last mentioned summit to the line between townships 30 and 31 south;
799 thence east to the Salt Lake meridian; thence north to the intersection of said meridian with the
800 summit of the range separating Grass and Rabbit Valleys; thence northeasterly along said summit
801 to the point of beginning.
802 Section 34. Section 17-50-221 , which is renumbered from Section 17-1-20 is renumbered
803 and amended to read:
804 [
805 The geographic boundaries of Rich County are described as follows: Beginning at the point
806 of intersection of the boundaries of Utah, Idaho and Wyoming, thence west to the summit of the
807 watershed separating Cache and Bear Lake Valleys; thence southerly along the summit of said
808 watershed to the summit of the Wasatch Range lying north and east of the headwaters of the Ogden
809 River; thence southeasterly along the summit of the last mentioned range to, and thence along the
810 summit of the mountains separating the valley of the Bear River from the valley of the Weber
811 River to a point opposite and nearest to the Union Pacific Railroad, one mile east of Wasatch
812 Station; thence southerly to the north side of said railroad; thence northeasterly along the north side
813 of said railroad to the summit west of the Bear River Valley; thence east to the state boundary;
814 thence north to the point of beginning.
815 Section 35. Section 17-50-222 , which is renumbered from Section 17-1-21 is renumbered
816 and amended to read:
817 [
818 The geographic boundaries of Salt Lake County are described as follows: Beginning at the
819 intersection of the summit of the Wasatch Range with the summit of the spur range terminating
820 at the hot spring in the northern part of Salt Lake City, thence southwesterly along said last
821 mentioned summit to a point east of a point 136 rods north of said hot spring; thence west to the
822 middle of the channel of the Jordan River; thence down the middle of said channel to the mouth
823 of said river; thence west to the west line of range 1 west; thence southwesterly and equidistant
824 between Antelope Island and the south shore of Great Salt Lake to the base line of the United
825 States Survey where intersected by a straight line drawn between Black Rock on the south shore
826 of said lake and the middle point of a line running from the west shore of the said lake at latitude
827 41 degrees north to a point on the east shore of said lake west of the middle channel of the Weber
828 River where said channel lies north of the northwest corner of Kingston's Fort; thence
829 southeasterly through Black Rock to the northern end of, and thence along, the summit of the
830 Oquirrh Range to the summit of the cross range between the Oquirrh and Wasatch Ranges; thence
831 easterly along said last mentioned summit to the summit of the Wasatch Range; thence
832 northwesterly along said last mentioned summit to the point of beginning.
833 Section 36. Section 17-50-223 , which is renumbered from Section 17-1-22 is renumbered
834 and amended to read:
835 [
836 The geographic boundaries of San Juan County are described as follows: Beginning on the
837 eastern boundary of the state at latitude 38 degrees and 30 minutes north, thence west to the middle
838 of the main channel of the Green River; thence southwesterly down the middle of the channels of
839 the Green and Colorado Rivers to the southern boundary of the state; thence east to the eastern
840 boundary of the state; thence north to the point of beginning.
841 Section 37. Section 17-50-224 , which is renumbered from Section 17-1-23 is renumbered
842 and amended to read:
843 [
844 The geographic boundaries of Sanpete County are described as follows: Beginning at the
845 intersection of the line between townships 11 and 12 south and the section line running north and
846 south through the middle of range 6 east, Salt Lake meridian, thence west along the township line
847 between townships 11 and 12 south to the northwest corner of township 12 south, range 3 east;
848 thence south on range line between ranges 2 and 3 east to the southwest corner of section 6,
849 township 12 south, range 3 east; thence east on section line to the northwest corner of section 8;
850 thence south on section line to the southwest corner of section 8; thence east on section line to the
851 southeast corner of section 9; thence south on section line to the southwest corner of section 27;
852 thence west on section line to the northwest corner of section 31; thence south on the range line
853 between ranges 2 and 3 east, to the southwest corner of township 12 south, range 3 east; thence
854 west on township line between townships 12 and 13 south to the northeast corner of section 2,
855 township 13 south, range 2 east; thence south on section line to the quarter corner common to
856 sections 1 and 2; thence west on the quarter section line through said section 2 to quarter corner
857 common to sections 2 and 3; thence south on section line to the southwest corner of section 2;
858 thence west on section line to quarter corner common to sections 3 and 10; thence south on quarter
859 line through section 10 to the quarter corner common to sections 10 and 15; thence west on section
860 line to the northwest corner of section 16; thence south on section line to the northwest corner of
861 section 4, township 16 south, range 2 east; thence west on township line between townships 15 and
862 16 south, range 2 east to the northwest corner of township 16 south, range 2 east; thence south on
863 range line between ranges 1 and 2 east to the southeast corner of section 25, township 16 south,
864 range 1 east; thence west on the section line to the northwest corner of section 34, township 16
865 south, range 1 west; thence south on section lines to the southwest corner of section 34; thence
866 west on the township line to the southwest corner of section 32, township 16 south, range 1 west,
867 said section corner being about half a mile northerly of the Upper Bluffs or Painted Rocks on the
868 Sevier River; thence south on section line to the southwest corner of section 8, township 17 south,
869 range 1 west; thence west on section line to the northwest corner of lot 11 in section 18, township
870 17 south, range 1 west; thence south on the range line between ranges 1 and 2 west and between
871 ranges 1-1/2 west and 2 west to a point west of the point where the road between Gunnison and
872 Salina crosses Willow Creek at the forks of said creek; thence east to the east bank of the Sevier
873 River; thence southerly along the east bank of said river to a point one mile north of the fourth
874 standard parallel south; thence east to the line between ranges 5 and 6 east; thence north to the
875 third standard parallel south; thence east to the line running north and south through the middle
876 of range 6 east; thence north to the point of beginning.
877 Section 38. Section 17-50-225 , which is renumbered from Section 17-1-24 is renumbered
878 and amended to read:
879 [
880 The geographic boundaries of Sevier County are described as follows: Beginning at a point
881 on the line between the ranges 5 and 6 east one mile north of fourth standard parallel south, thence
882 west to the east bank of the Sevier River; thence northerly along the east bank of said river to a
883 point west of a point where the road between Gunnison and Salina crosses Willow Creek at the
884 forks of said creek; thence west to the range line between ranges 1-1/2 and 2 west, township 20
885 south; thence south to the southeast corner, section 36, township 20 south, range 2 west; thence
886 west to the northwest corner, section 3, township 21 south, range 2 west; thence south to the
887 one-fourth corner on the east side of section 9, township 21 south, range 2 west; thence west two
888 miles; thence south one-half mile; thence west one-half mile; thence south two miles; thence west
889 one-half mile to the southwest corner of section 19, township 21 south, range 2 west; thence west
890 to the southwest corner of section 21, township 21 south, range 2-1/2 west; thence south to the
891 southeast corner of section 36, township 21 south, range 3 west; thence west one mile; thence
892 south two miles; thence west one mile; thence south two miles; thence west one mile; thence south
893 one mile; thence west two miles to the southeast corner of section 30, township 22 south, range
894 3 west; thence south along the section line between sections 31 and 32 to the quarter corner on the
895 north side of section 3, township 23 south, range 4 west; thence south five miles; thence east
896 one-half mile; thence south one mile to the southeast corner of section 34, township 23 south,
897 range 4 west; thence south one and one-half miles; thence west one mile; thence south one-half
898 mile; thence west one-fourth mile; thence south one-half mile; thence west three-fourths mile;
899 thence south one-half mile; thence west one mile; thence south one-fourth mile; thence west
900 one-half mile; thence south one mile; thence west one-half mile; thence south one-fourth mile;
901 thence west one mile; thence south one-half mile to the southeast corner of section 26, township
902 24 south, range 4-1/2 west; thence west two and one-half miles; thence north one-half mile; thence
903 west five miles; thence south one-half mile; thence west one mile; thence south one mile; thence
904 west one-half mile to the southeast corner of section 32, township 24 south, range 5 west; thence
905 one mile south; thence one-half mile west; thence south three miles; thence west one mile; thence
906 south two miles; thence west one-half mile to the southwest corner of section 31, township 25
907 south, range 5 west; thence to the northeast corner of Beaver County at the summit of the range
908 separating Sevier Valley from Round and Pavant Valleys; thence southwesterly along the summit
909 of said range to the northwest corner of the southwest quarter of the northwest quarter of section
910 34, township 26 south, range 6 west; thence easterly along the 40-line parallel to the section line
911 to the range line between 2 and 3 west; thence south on range line to the 40-line running east
912 through the south one-half of section 31, township 26 south, range 2 west of the Salt Lake
913 meridian; thence easterly along said 40-line parallel to the section line to the northeast corner of
914 the southeast quarter of the southwest quarter of section 35, township 26 south, range 1 east, Salt
915 Lake meridian to the summit of the range separating Grass and Rabbit Valleys; thence
916 northeasterly along said summit to a point due east of the point at which the wagon road crosses
917 the summit between Marysvale and Monroe; thence east to the line between ranges 5 and 6 east;
918 thence north to the point of beginning.
919 Section 39. Section 17-50-226 , which is renumbered from Section 17-1-25 is renumbered
920 and amended to read:
921 [
922 The geographic boundaries of Summit County are described as follows: Beginning on the
923 northern boundary of the state at longitude 110 degrees west, thence west to the southwest corner
924 of Wyoming; thence north to a point east of the point where the north side of the Union Pacific
925 Railroad crosses the summit first west of Bear River Valley; thence west to the north side of said
926 railroad; thence southwesterly along the north side of said road to a point one mile east of Wasatch
927 Station; thence northerly to the nearest point of the summit of the range of mountains between
928 Bear River and Weber Valleys; thence southwesterly along said last mentioned summit to its
929 intersection with the summit of the high land between Echo and Lost Creeks; thence southwesterly
930 down said last mentioned summit to and directly across the Weber River; thence southerly along
931 the summit of the range separating East Canyon from Weber Valley to the summit of the cross
932 range through which the upper canyon of East Canyon Creek runs; thence westerly to the summit
933 of the Wasatch Range; thence southeasterly along said summit to the summit of the range next
934 south of the headwaters of Silver and East Canyon Creeks; thence easterly along said last
935 mentioned summit to the point where it is crossed by the road between Rhoads Valley and Salt
936 Lake City; thence southerly to the middle of the channel of the Provo River at the high bluff below
937 Goddard's Ranch; thence easterly along the middle of said channel to the headwaters of the said
938 river farthest east; thence east to the summit of the Uintah Range; thence northeasterly to the one
939 hundred and tenth meridian of west longitude; thence north to the point of beginning.
940 Section 40. Section 17-50-227 , which is renumbered from Section 17-1-26 is renumbered
941 and amended to read:
942 [
943 The geographic boundaries of Tooele County are described as follows: Beginning at the
944 middle point of a straight line drawn between a point on the west shore of Great Salt Lake at
945 latitude 41 degrees north and a point on the east shore of said lake due west of the middle of the
946 channel of the Weber River and north of the northwest corner of Kingston's Fort, thence
947 southwesterly along said line to the west shore of said lake; thence west to the western boundary
948 of the state; thence south to the second standard parallel south; thence east to the summit of the
949 divide between Cherry and Faust Creeks; thence along the summit of the range next east of the
950 Rush and Tooele Valleys to the northern end of said summit; thence northeasterly on a straight line
951 through Black Rock on the shore of Great Salt Lake to the point of beginning.
952 Section 41. Section 17-50-228 , which is renumbered from Section 17-1-27 is renumbered
953 and amended to read:
954 [
955 The geographic boundaries of Uintah County are described as follows: Beginning at a point
956 on the summit of the Uintah Mountains two sections and one-fifth mile west of a point where the
957 Uintah special meridian intersects the summit of the Uintah Mountains, thence southerly, adjacent
958 to and west of the Uintah special meridian a distance of two sections and one-fifth mile to the
959 south boundary of the former Uintah Indian Reservation; thence south parallel with the 110
960 degrees and 00 minutes west longitude to the line between townships 11 and 12 south, Salt Lake
961 base and meridian; thence east to the middle of the main channel of the Green River; thence down
962 the channel to the third standard parallel south; thence east to the summit of the Brown Cliffs;
963 thence northeasterly to the state boundary; thence north to the east quarter corner of section twelve
964 (12), township 2 south of range 25 east of Salt Lake base and meridian; thence west along the
965 center lines of sections twelve (12), eleven (11), ten (10), and nine (9), to the west quarter corner
966 of section nine (9), township 2 south of range 25 east; thence north along the west boundary lines
967 of sections nine (9), and four (4) to the northwest corner of section four (4), township 2 south of
968 range 25 east; thence west along the south boundary lines of sections thirty-two (32), and
969 thirty-one (31) township 1 south of range 25 east to the southwest corner of said township; thence
970 north along the west boundary line of said township 1 south of range 25 east to the northwest
971 corner of the township and range; thence west along the south boundary line of township 1 north
972 of range 24 east to the southwest corner of section thirty-six (36), township 1 north of range 24
973 east; thence north along the west boundary line of section thirty-six (36), to the northwest corner
974 of said section thirty-six (36); thence west along the south boundary lines of sections twenty-six
975 (26), and twenty-seven (27), township 1 north of range 24 east to the southwest corner of section
976 twenty-seven (27), or range and township; thence north along the west boundary lines of sections
977 twenty-seven (27), twenty-two (22), fifteen (15), ten (10) and three (3) to the northwest corner of
978 section three (3), township 1 north of range 24 east; thence west along the south boundary lines
979 of townships 2 north of ranges 24, 23 and 22 east to the northwest corner of section one (1),
980 township one (1) north of range twenty-two (22) east; thence south along the west boundary line
981 of sections one (1), twelve (12), thirteen (13), twenty-four (24) and twenty-five (25), township one
982 (1) north of range twenty-two (22) east to the west quarter corner section twenty-five (25),
983 township one (1) north, range twenty-two (22) east; thence westerly to the monument at the top
984 of Mt. Lena, thence in a westerly direction following the water parting line along the summit of
985 the Uintah Mountains to the point of beginning.
986 Section 42. Section 17-50-229 , which is renumbered from Section 17-1-28 is renumbered
987 and amended to read:
988 [
989 The geographic boundaries of Utah County are described as follows: Beginning at the point
990 of intersection of the Wasatch Range with the summit of the range crossing from the Wasatch to
991 the Oquirrh Mountains, thence westerly along said last mentioned summit to the summit of the
992 range between the Cedar and Rush Valleys; thence southerly along said summit to the summit of
993 the range between the Tintic Valley and the Goshen and CedarValleys; thence southerly along said
994 last mentioned summit to, and thence easterly along, the summit between Goshen and Juab Valleys
995 to, and thence northeasterly along, the summit of the high ground and range of mountains between
996 Utah and Juab Valleys to the summit of the Nebo Range; thence southeasterly along said summit
997 to the line between townships 11 and 12 south; thence east to the line between ranges 9 and 10
998 east; thence north to the township line between townships 10 and 11 south; thence west to a point
999 due south of the point where the wagon road from Spanish Fork to White River as it existed in
1000 February, 1880, crossed the summit of the divide south of the Strawberry Valley; thence north to
1001 said last mentioned point of crossing; thence northwesterly along the summit of the range passing
1002 around the headwaters of Spanish Fork and Hobble Creeks to a point south of the point on the
1003 Provo River one-fourth of a mile upstream from the middle of the mouth of the north fork of said
1004 river; thence north to the summit of the range passing around the headwaters of Battle and
1005 American Fork Creeks; thence following said summit to the point of beginning.
1006 Section 43. Section 17-50-230 , which is renumbered from Section 17-1-29 is renumbered
1007 and amended to read:
1008 [
1009 The geographic boundaries of Wasatch County are described as follows: Beginning at a
1010 point on the summit of the Uintah Range due north of the center line between the east and west
1011 range line of range 9 west of the Uintah special meridian, thence southwesterly along the summit
1012 of said range to a point east of the headwaters of the Provo River farthest east; thence west to the
1013 said headwaters; thence down the middle of the channel of said river to the high bluff below
1014 Goddard's Ranch; thence northerly to the point where the road between the Rhodes Valley and Salt
1015 Lake City crosses the summit of the range south and east of the headwaters of East Canyon and
1016 Silver Creeks; thence north to said point of crossing; thence southwesterly along said last
1017 mentioned summit to the summit of the Wasatch Range at a point north of a point on the Provo
1018 River one-fourth of a mile upstream from the middle of the mouth of the north fork of said river;
1019 thence south to the summit of the range east of the headwaters of Hobble and Spanish Fork Creeks;
1020 thence southeasterly along said last mentioned summit to the point where the White River and
1021 Spanish Fork Road crossed said summit in February, 1880; thence south to the second standard
1022 parallel south, Salt Lake base and meridian (which point is also an extension east from the Salt
1023 Lake base line of the line between townships 10 and 11 south of Salt Lake meridian); thence east
1024 along this line to its intersection with the center line between the east and west range lines of range
1025 9 west of the Uintah special meridian; thence following the center line of the said range 9 west of
1026 the Uintah special meridian to its northern extremity; thence due north to the point of beginning.
1027 Section 44. Section 17-50-231 , which is renumbered from Section 17-1-30 is renumbered
1028 and amended to read:
1029 [
1030 The geographic boundaries of Washington County are described as follows: Beginning at
1031 the intersection of the line between townships 36 and 37 south and the western boundary of the
1032 state of Utah, thence east to the line between ranges 15 and 16 west; thence north to the northwest
1033 corner of township 37 south, range 15 west; thence east to the northeast corner of township 37
1034 south, range 15 west; thence south to the southeast corner of township 37 south, range 15 west;
1035 thence east to the southeast corner of township 37 south, range 13 west; thence south to the
1036 northeast corner of section 24, township 38 south, range 13 west; thence east on the section line
1037 to the intersection of the range line between ranges 11 and 12 west; thence south on that range line
1038 to the southwest corner of section 18, township 38 south, range 11 west; thence east on the section
1039 line to the intersection of the range line between ranges 10 and 11 west; thence north along the
1040 range line to the southwest corner of section 18, township 38 south, range 10 west; thence east on
1041 the section line to the intersection of the range line between ranges 9 and 10 west at the northeast
1042 corner of section 24, township 38 south, range 10 west; thence south on that range line to the south
1043 boundary line of the state of Utah; thence west along the Utah-Arizona boundary line to the west
1044 boundary line of the state of Utah; thence north along said west boundary line to the point of
1045 beginning.
1046 Section 45. Section 17-50-232 , which is renumbered from Section 17-1-31 is renumbered
1047 and amended to read:
1048 [
1049 The geographic boundaries of Wayne County are described as follows: Beginning at the
1050 middle of the channel of the Green River at latitude 38 degrees and 30 minutes north, thence west
1051 to the line between ranges 5 and 6 east; thence north to a point east of the point where the wagon
1052 road crosses the summit between Marysvale and Monroe; thence west to the summit of the range
1053 between the Rabbit and Grass Valleys; thence southwesterly along said summit to the Salt Lake
1054 meridian; thence south to the line between townships 30 and 31 south; thence east to the middle
1055 of the channel of the Colorado River; thence northerly up the channels of the Colorado and Green
1056 Rivers to the point of beginning.
1057 Section 46. Section 17-50-233 , which is renumbered from Section 17-1-32 is renumbered
1058 and amended to read:
1059 [
1060 The geographic boundaries of Weber County are described as follows: Beginning at the
1061 intersection of the summit of the Wasatch Range north and east of the Ogden Valley and the
1062 summit of the range separating the Bear Lake Valley from the Cache Valley, thence westerly to
1063 the hot springs near the county road north of Ogden along the summits of the Wasatch Range and
1064 the spur range terminating at said hot springs; thence west to the line between ranges 3 and 4 west;
1065 thence southwesterly in a straight line to the middle point of a line drawn from a point on the east
1066 shore of Great Salt Lake west of the middle of the channel of the Weber River north of the
1067 northwest corner of Kingston's Fort to a point on the west shore of said lake at latitude 41 degrees
1068 north; thence northeasterly along said last described line to the east shore of Great Salt Lake;
1069 thence east to the middle of the channel of the Weber River; thence up the middle of said channel
1070 to a point where crossed by the summit line of the Wasatch Range; thence northeasterly along the
1071 summit of said range around the headwaters of the Ogden River to the point of beginning.
1072 Section 47. Section 17-50-301 , which is renumbered from Section 17-4-2 is renumbered
1073 and amended to read:
1074
1075 [
1076 The powers of a county [
1077 legislative body or by agents and officers acting under their authority or under authority of law.
1078 Section 48. Section 17-50-302 , which is renumbered from Section 17-4-3 is renumbered
1079 and amended to read:
1080 [
1081 (1) A county may:
1082 (a) as prescribed by statute, levy, assess, and collect taxes, borrow money, and levy and
1083 collect special assessments for benefits conferred; and
1084 (b) provide services, exercise powers, and perform functions that are reasonably related
1085 to the safety, health, morals, and welfare of their inhabitants, except as limited or prohibited by
1086 statute.
1087 (2) A county [
1088 [
1089 [
1090 necessary and proper for county purposes[
1091 [
1092 be necessary to the exercise of its powers[
1093 [
1094 require.
1095 [
1096
1097 Section 49. Section 17-50-303 , which is renumbered from Section 17-4-4 is renumbered
1098 and amended to read:
1099 [
1100 notes -- Purposes.
1101 (1) [
1102
1103 may borrow money in anticipation of the collection of taxes and other county revenues [
1104
1105 Bond Act. [
1106 (2) A county may incur indebtedness [
1107 purpose for which funds of the county may be expended.
1108 Section 50. Section 17-50-304 , which is renumbered from Section 17-5-219 is renumbered
1109 and amended to read:
1110 [
1111 [
1112 the county is a party, and, when necessary [
1113 district attorney in conducting [
1114 attorney or district attorney is authorized by law to act.
1115 Section 51. Section 17-50-305 , which is renumbered from Section 17-5-229 is renumbered
1116 and amended to read:
1117 [
1118 [
1119 of [
1120 not in conflict with general laws.
1121 Section 52. Section 17-50-306 , which is renumbered from Section 17-5-232 is renumbered
1122 and amended to read:
1123 [
1124 Retainage.
1125 (1) [
1126 (a) contract for, purchase, or otherwise acquire, when necessary, rights of way for county
1127 roads over private property, and may institute proceedings for acquiring such rights of way as
1128 provided by law[
1129 (b) lay out, construct, maintain, control, and manage county roads, sidewalks, ferries and
1130 bridges within the county, outside of [
1131 (c) designate the county roads to be maintained by the county within or extending through
1132 any [
1133 direction[
1134 (d) abolish or abandon [
1135 public, in the manner provided by law[
1136 (e) lay out, construct, maintain, control, and manage landing fields and hangars for the use
1137 of airplanes or other vehicles for aerial travel [
1138 (2) If any payment on a contract with a private contractor to construct county roads,
1139 sidewalks, ferries, and bridges under this section is retained or withheld, it shall be retained or
1140 withheld and released as provided in Section 13-8-5 .
1141 Section 53. Section 17-50-307 , which is renumbered from Section 17-5-233 is renumbered
1142 and amended to read:
1143 [
1144 [
1145 for all lawful purposes, upon such terms, conditions, and restrictions as in the judgment of the
1146 [
1147 as to present the least possible obstruction and inconvenience to the traveling public[
1148
1149 (2) A franchise under Subsection (1) may not be granted for a [
1150 50 years.
1151 Section 54. Section 17-50-308 , which is renumbered from Section 17-5-234 is renumbered
1152 and amended to read:
1153 [
1154 [
1155 restrictions as in the judgment of the [
1156 licenses and franchises for taking tolls on public roads or highways whenever in the judgment of
1157 the [
1158 as free public highways is too great to justify the county in operating or maintaining them[
1159
1160
1161 (2) Each license and franchise granted under Subsection (1) shall contain the condition that
1162 [
1163 licenses or franchises [
1164 Section 55. Section 17-50-309 , which is renumbered from Section 17-5-235 is renumbered
1165 and amended to read:
1166 [
1167 [
1168 repair roads, bridges, and ferries and for the taking of tolls [
1169 (2) Each person operating any toll boat or ferry for the transportation of persons, vehicles,
1170 or livestock across any stream, river, or body of water in this state shall obtain a franchise for [
1171 its operation [
1172 boat or ferry is operated. [
1173 (3) If such boat or ferry is operated on a stream or body of water forming the boundary line
1174 between two adjoining counties, the person operating the boat or ferry shall obtain a franchise
1175 [
1176 Section 56. Section 17-50-310 , which is renumbered from Section 17-5-236 is renumbered
1177 and amended to read:
1178 [
1179 [
1180 the control, construction, alteration, repair, and use of all public roads and highways in the county
1181 outside of [
1182 Section 57. Section 17-50-311 , which is renumbered from Section 17-5-237 is renumbered
1183 and amended to read:
1184 [
1185 Retainage.
1186 (1) [
1187 (a) purchase, receive by donation, or lease any real or personal property or water rights
1188 necessary for the use of the county; [
1189 (b) purchase or otherwise acquire the necessary real estate upon which to sink wells to
1190 obtain water for sprinkling roads and for other county purposes and [
1191 apparatus, tanks, and reservoirs for [
1192 purposes[
1193 (c) purchase, receive by donation, or lease any water rights or stock or rights in reservoirs
1194 or storage companies or associations for the use of citizens of the county; [
1195 (d) construct dams and canals for the storage and distribution of [
1196 in Subsection (1)(c); and [
1197 (e) fix the price for and sell [
1198 storage companies or associations, with the dams and canals, as are not required for public use to
1199 citizens of the county.
1200 (2) If any payment on a contract with a private contractor to construct dams and canals
1201 under this section is retained or withheld, it shall be retained or withheld and released as provided
1202 in Section 13-8-5 .
1203 Section 58. Section 17-50-312 , which is renumbered from Section 17-5-239 is renumbered
1204 and amended to read:
1205 [
1206 Acquisition and control -- Retainage.
1207 (1) [
1208 and such other public buildings as may be necessary, and join with cities and towns in the
1209 construction, ownership, and operation of hospitals.
1210 (2) If any payment on a contract with a private contractor to erect, repair, or rebuild public
1211 buildings under this section is retained or withheld, it shall be retained or withheld and released
1212 as provided in Section 13-8-5 .
1213 Section 59. Section 17-50-313 , which is renumbered from Section 17-5-242 is renumbered
1214 and amended to read:
1215 [
1216 (1) [
1217 and dispose of any real or personal property or any interest in such property that it determines to
1218 be in the public interest.
1219 (2) Any property interest acquired by the county shall be held in the name of the county
1220 unless specifically otherwise provided by law.
1221 (3) The county legislative body shall provide by ordinance, resolution, rule, or regulation
1222 for the manner in which property shall be acquired, managed, and disposed of.
1223 Section 60. Section 17-50-314 , which is renumbered from Section 17-5-243 is renumbered
1224 and amended to read:
1225 [
1226 department.
1227 [
1228 (1) make provisions for the preservation of health in the county and pay the related
1229 expenses; and
1230 (2) in cooperation with municipalities in the county, create a local health department as
1231 provided in Title 26A, Chapter 1, Part 1, Local Health Department Act.
1232 Section 61. Section 17-50-315 , which is renumbered from Section 17-5-245 is renumbered
1233 and amended to read:
1234 [
1235 Nothing [
1236 [
1237 Section 62. Section 17-50-316 , which is renumbered from Section 17-5-256 is renumbered
1238 and amended to read:
1239 [
1240 All [
1241 Section 63. Section 17-50-317 , which is renumbered from Section 17-5-264 is renumbered
1242 and amended to read:
1243 [
1244 and expenses.
1245 (1) [
1246 A county may, individually or in association with other counties, [
1247 methods of county government with a view to improvement and [
1248 presented to the Legislature [
1249 before the appropriate committees of either or both, such information and factual data with respect
1250 to the effect upon [
1251 legislation, as in the judgment of county executives and legislative bodies, will be in the interest
1252 of and beneficial to [
1253 (2) The charges and expenses incurred under Subsection (1) shall be proper claim against
1254 [
1255 Section 64. Section 17-50-318 , which is renumbered from Section 17-5-265 is renumbered
1256 and amended to read:
1257 [
1258 [
1259
1260 manpower, industrial, historical, cultural, and other resources.
1261 Section 65. Section 17-50-319 , which is renumbered from Section 17-5-271 is renumbered
1262 and amended to read:
1263 [
1264 resources.
1265 [
1266 to [
1267 Section 66. Section 17-50-320 , which is renumbered from Section 17-5-275 is renumbered
1268 and amended to read:
1269 [
1270 [
1271 accordance with Title 62A, Chapter 12, Mental Health, and substance abuse services in accordance
1272 with Title 62A, Chapter 8, Substance Abuse.
1273 Section 67. Section 17-50-321 , which is renumbered from Section 17-15-17 is renumbered
1274 and amended to read:
1275 [
1276 County charges are:
1277 (1) those incurred against the county by any law;
1278 (2) the necessary expenses of the county attorney or district attorney incurred in criminal
1279 cases arising in the county, and all other expenses necessarily incurred by [
1280 district attorney in the prosecution of criminal cases, except jury and witness fees;
1281 (3) the expenses necessarily incurred in the support of persons charged with or convicted
1282 of a criminal offense and committed to the county jail;
1283 (4) [
1284 within the state district court administrative system, the sum required by law to be paid jurors in
1285 civil cases;
1286 (5) all charges and accounts for services rendered by any justice court judge for services
1287 in the trial and examination of persons charged with a criminal offense not otherwise provided for
1288 by law;
1289 (6) the contingent expenses necessarily incurred for the use and benefit of the county;
1290 (7) every other sum directed by law to be raised for any county purposes under the
1291 direction of the [
1292 (8) the fees of constables for services rendered in criminal cases;
1293 (9) the necessary expenses of the sheriff and [
1294 cases arising in the county, and all other expenses necessarily incurred by the sheriff and [
1295 deputies performing the duties imposed upon them by law; and
1296 (10) the sums required by law to be paid by the county to jurors and witnesses serving at
1297 inquests and in criminal cases in justice courts.
1298 Section 68. Section 17-50-322 , which is renumbered from Section 17-15-21 is renumbered
1299 and amended to read:
1300 [
1301 Guidelines.
1302 [
1303 support of the arts, including [
1304 (1) music, dance, theatre, crafts and visual, folk and literary art, for the purpose of
1305 enriching the lives of its residents; and [
1306 (2) establish guidelines for the support of the arts.
1307 Section 69. Section 17-50-401 is enacted to read:
1308
1309 17-50-401. Claims presented to county executive -- Auditor review -- Attorney review
1310 -- Approval of claim.
1311 (1) A person with a claim against a county may present it to the county executive for
1312 review.
1313 (2) (a) The county executive shall forward all claims requesting payment for goods or
1314 services to the county auditor for the auditor's review and recommendation to the county executive.
1315 (b) The county executive shall forward all claims regarding liability to the county attorney
1316 or, in a county with no county attorney, to the district attorney for the attorney's review and
1317 recommendation to the county executive regarding liability and payment.
1318 (3) The county executive may approve payment of a claim that appears to the county
1319 executive to be just, lawful, and properly due and owing to the claimant.
1320 Section 70. Section 17-50-402 , which is renumbered from Section 17-15-10 is renumbered
1321 and amended to read:
1322 [
1323 (1) The county executive [
1324 the county, nor may the county executive credit or allow any claim or bill against the county,
1325 unless the [
1326 it has been [
1327 (2) (a) If the claim is for service of process, it shall state the character of process served,
1328 upon whom, the number of days engaged, and the number of miles traveled[
1329 (b) If the claim is for materials furnished, it shall state to whom the materials were
1330 furnished, by whom ordered, and the quantity and price agreed upon. [
1331 (3) Each claim against the county [
1332 (a) presented to the county [
1333 account or claim accrued[
1334 (b) duly substantiated as to [
1335 due.
1336 (4) If the county executive [
1337 not properly made out, [
1338 claimant or [
1339 properly itemized and substantiated.
1340 Section 71. Section 17-50-403 , which is renumbered from Section 17-15-11 is renumbered
1341 and amended to read:
1342 [
1343 [
1344 by the county or is not a proper county charge [
1345 reject the claim.
1346 (2) (a) If [
1347 is justly due, the [
1348 drawn for the portion allowed.
1349 (b) If the claimant is unwilling to receive [
1350 county executive may [
1351 Section 72. Section 17-50-404 , which is renumbered from Section 17-15-12 is renumbered
1352 and amended to read:
1353 [
1354 (1) A claimant dissatisfied with the rejection of [
1355 amount allowed [
1356 account at any time within one year after the first rejection [
1357 account by the [
1358 (2) If in such action judgment is recovered for more than the [
1359 allowed, costs shall be taxed against the county, but if no more is recovered than the [
1360 county executive allowed, costs shall be taxed against the plaintiff.
1361 (3) On presentation of a certified copy of [
1362
1363 Section 73. Section 17-50-405 , which is renumbered from Section 17-15-13 is renumbered
1364 and amended to read:
1365 [
1366 [
1367 as are other county charges.
1368 (2) The county legislative body shall levy and authorize the collection of a sufficient
1369 amount of revenue to pay off and discharge such judgment in addition to the ordinary expenses of
1370 the county, but the property of the county and of the persons owning property situated or liable to
1371 taxation [
1372 sale upon execution or other process of any court.
1373 Section 74. Section 17-50-406 , which is renumbered from Section 17-15-14 is renumbered
1374 and amended to read:
1375 [
1376 auditor recommendation.
1377 [
1378 legislative body for expenses [
1379 (a) be itemized and verified as other claims[
1380 (b) state that the service has been actually rendered[
1381
1382 (c) be presented to the county [
1383
1384
1385 (2) The county auditor shall make a recommendation to the county executive regarding
1386 payment of each claim presented under Subsection (1).
1387 Section 75. Section 17-50-407 , which is renumbered from Section 17-15-15 is renumbered
1388 and amended to read:
1389 [
1390 (1) No county officer [
1391 claim, account, or demand for allowance against the county or in any way advocate the relief asked
1392 in the claim or demand made by any other person.
1393 (2) Notwithstanding Subsection (1), a county officer may forward to the county executive
1394 a claim made by another and may endorse on the claim the officer's recommendation to the county
1395 executive regarding payment of the claim.
1396 (3) Any person may appear before the [
1397 of any claim or demand made against the county.
1398 Section 76. Section 17-52-101 , which is renumbered from Section 17-35a-102 is
1399 renumbered and amended to read:
1400
1401
1402 [
1403 As used in this chapter:
1404 (1) "Appointment council" means a group of persons consisting of:
1405 (a) the governor or the governor's designee;
1406 (b) the speaker of the House of Representatives or the speaker's designee;
1407 (c) the president of the Senate or the president's designee;
1408 (d) a resident of the county in which the optional plan is proposed, designated by the
1409 county legislative body;
1410 (e) a resident of the county in which the optional plan is proposed, designated by majority
1411 vote of the mayors of all cities and towns in the county in which the optional plan is proposed; and
1412 (f) four other residents of the county in which the optional plan is proposed, designated
1413 by majority vote of the five other members of the appointment council.
1414 (2) "Optional plan" means a plan establishing an alternate form of government for a county
1415 as provided in Section [
1416 (3) "Reasonable notice" means, at a minimum:
1417 (a) (i) publication in a newspaper of general circulation within the county at least once a
1418 week for at least two consecutive weeks ending no more than ten and no fewer than three days
1419 before the event that is the subject of the notice; or
1420 (ii) if there is no newspaper of general circulation within the county, posting at least one
1421 notice per 1,000 population within the county, for at least a week ending no more than three days
1422 before the event that is the subject of the notice, at locations throughout the county that are most
1423 likely to give actual notice to county residents; and
1424 (b) if the county has an Internet home page, posting an electronic notice on the Internet for
1425 at least seven days immediately before the event that is the subject of the notice.
1426 (4) "Study committee" means a group of persons:
1427 (a) (i) elected pursuant to a resolution adopted under Subsection [
1428 17-52-202 (3)(a) or [
1429 specifies that the members should be elected; or
1430 (ii) appointed under Section [
1431 (b) charged with the duties provided in Section [
1432 Section 77. Section 17-52-102 is enacted to read:
1433 17-52-102. Allowed forms of county government -- Unless another is adopted, county
1434 to operate under county commission form.
1435 (1) Each county shall operate under one of the following forms of county government:
1436 (a) the county commission form under Section 17-52-501 ;
1437 (b) the expanded county commission form under Section 17-52-502 ;
1438 (c) the executive and chief administrative officer-council form under Section 17-52-503 ;
1439 (d) the county executive and council form under Section 17-52-504 ;
1440 (e) the council-manager form under Section 17-52-505 ; or
1441 (f) the council and county administrative officer form under Section 17-52-506 .
1442 (2) Unless it adopts another form of government as provided in this chapter, each county
1443 shall operate under the county commission form of government under Section 17-52-501 .
1444 Section 78. Section 17-52-201 , which is renumbered from Section 17-35a-201 is
1445 renumbered and amended to read:
1446
1447 [
1448 -- Limitations -- Pending proceedings.
1449 (1) An optional plan proposing an alternate form of government for a county may be
1450 adopted as provided in this chapter.
1451 (2) The process to adopt an optional plan establishing an alternate form of county
1452 government may be initiated by:
1453 (a) the county legislative body as provided in Section [
1454 (b) registered voters of the county as provided in Section [
1455 (3) (a) If the process to adopt an optional plan has been initiated under Chapter 26, Laws
1456 of Utah 1973, Section 3, 4, or 5, or Section [
1457 the county legislative body may not initiate the process again under Section [
1458 17-52-202 unless the earlier proceeding:
1459 (i) has been concluded by the county legislative body rejecting the optional plan;
1460 (ii) has been concluded by an affirmative or negative vote of registered voters; or
1461 (iii) has not been concluded but has been pending for at least two years.
1462 (b) A county legislative body may not initiate the process to adopt an optional plan under
1463 Section [
1464 rejected an optional plan proposed as a result of a process initiated by the county legislative body.
1465 (c) Registered voters of a county may not initiate the process to adopt an optional plan
1466 under Section [
1467 or rejected an optional plan proposed as a result of a process initiated by registered voters.
1468 [
1469
1470
1471 [
1472
1473
1474
1475 Section 79. Section 17-52-202 , which is renumbered from Section 17-35a-202 is
1476 renumbered and amended to read:
1477 [
1478 optional plan -- Procedure.
1479 (1) A county legislative body may initiate the process of adopting an optional plan by:
1480 (a) adopting a resolution of intent as provided in Subsection (2)(a);
1481 (b) adopting a resolution to submit to the voters the question of whether a study committee
1482 should be established as provided in Subsection (3)(a); or
1483 (c) adopting a resolution to approve the establishment of a study committee as provided
1484 in Subsection (4)(a).
1485 (2) (a) A county legislative body may adopt a resolution indicating its intent to propose
1486 the adoption of an optional plan.
1487 (b) Each resolution under Subsection (2)(a) shall:
1488 (i) contain a general description of the proposed optional plan;
1489 (ii) set a public hearing or series of public hearings on the proposed optional plan; and
1490 (iii) require that reasonable notice be given of the public hearing or series of public
1491 hearings.
1492 (c) A county legislative body may appoint an advisory committee to assist it in preparing
1493 the optional plan that the county legislative body intends to propose for adoption.
1494 (d) Each county legislative body adopting a resolution under Subsection (2)(a) shall:
1495 (i) hold a public hearing or series of public hearings, as the county legislative body
1496 determines, on the proposed optional plan beginning no less than 15 days after adoption of the
1497 resolution;
1498 (ii) beginning the day after the resolution is adopted, maintain at least three complete
1499 copies of the proposed optional plan at the office of the county clerk for inspection and copying
1500 by the public; and
1501 (iii) in each notice or publication of the public hearing or series of public hearings, refer
1502 to the complete proposed optional plan and its availability for inspection and copying in the county
1503 clerk's office.
1504 (e) (i) At the conclusion of the public hearing or series of hearings required under
1505 Subsection (2)(d)(i), a county legislative body may adopt a resolution recommending the adoption
1506 of the proposed optional plan by registered voters.
1507 (ii) Before adopting a resolution under Subsection (2)(e)(i), a county legislative body may
1508 modify the proposed optional plan.
1509 (iii) Each resolution under Subsection (2)(e)(i) shall provide for submitting the proposed
1510 optional plan to the voters at an election held under Section [
1511 (f) Failure to adopt a resolution under Subsection (2)(e)(i) within six months of the
1512 adoption of a resolution under Subsection (2)(a) shall be considered a rejection of the proposed
1513 optional plan.
1514 (g) A county legislative body may reconsider its action in proposing an optional plan under
1515 this Subsection (2) and terminate the process to adopt the optional plan if the reconsideration and
1516 termination occur:
1517 (i) within six months after the adoption of a resolution under Subsection (2)(e)(i); and
1518 (ii) no later than six months before the date on which an election under Section
1519 [
1520 (3) (a) As an alternative to the procedure under Subsection (2), a county legislative body
1521 may adopt a resolution to submit to the registered voters of the county the question of whether a
1522 study committee should be established.
1523 (b) Each resolution adopted under Subsection (3)(a) shall:
1524 (i) require the question to be submitted to the registered voters of the county at a general
1525 or special election, as the county legislative body determines, no less than 90 days and no more
1526 than 180 days after adoption of the resolution under Subsection (3)(a);
1527 (ii) specify the number of members of the proposed study committee, subject to Subsection
1528 [
1529 (iii) if the members are to be elected, provide procedures for the nonpartisan nomination
1530 of the members of the proposed study committee and their nonpartisan election at the same
1531 election at which the question of the establishment of the study committee is submitted.
1532 (c) If the members of the proposed study committee are to be appointed, their appointment
1533 shall be governed by Section [
1534 (4) (a) As an alternative to the procedures under Subsections (2) and (3), a county
1535 legislative body may adopt a resolution approving the establishment of a study committee with
1536 appointed members.
1537 (b) Each resolution under Subsection (4)(a) shall:
1538 (i) specify the number of members of the study committee, subject to Subsection
1539 [
1540 (ii) provide for the appointment of the members as provided in Section [
1541 17-52-301 .
1542 Section 80. Section 17-52-203 , which is renumbered from Section 17-35a-203 is
1543 renumbered and amended to read:
1544 [
1545 plan -- Procedure.
1546 (1) Registered voters of a county may initiate the process of adopting an optional plan by:
1547 (a) filing copies of a proposed optional plan, as provided in Subsection (2)(c), in
1548 anticipation of filing a petition under Subsection (2)(a); or
1549 (b) filing a petition under Subsection (3).
1550 (2) (a) Registered voters of a county may file a petition requiring the county legislative
1551 body to submit a proposed optional plan to the registered voters of the county.
1552 (b) Each petition under Subsection (2)(a) shall:
1553 (i) be signed by registered voters residing in the county equal in number to at least 15%
1554 of the total number of votes cast in the county at the most recent election for governor;
1555 (ii) contain a general description of the proposed optional plan;
1556 (iii) indicate that a complete copy of the proposed optional plan is available for inspection
1557 and copying at the county clerk's office;
1558 (iv) designate up to five of the petition signers as sponsors, one of whom shall be
1559 designated as the contact sponsor, with the mailing address and telephone number of each; and
1560 (v) be filed in the office of the clerk of the county in which the petition signers reside.
1561 (c) Before circulating a petition under Subsection (2)(a) for signature, the petition sponsors
1562 shall file with the county clerk at least three complete copies of the proposed optional plan that is
1563 the subject of the petition.
1564 (d) A county legislative body may not alter an optional plan proposed under this
1565 Subsection (2).
1566 (e) Within 30 days after the county clerk's receipt of the attorney general statement under
1567 Section [
1568 (4)(a)(ii)(A), each county legislative body shall establish the date for an election to be held as
1569 provided under Section [
1570 (3) (a) Registered voters of a county may file a petition requiring the county legislative
1571 body to adopt a resolution for the establishment of a study committee.
1572 (b) Each petition under Subsection (3)(a) shall:
1573 (i) request the county legislative body to choose between:
1574 (A) adopting a resolution that establishes a study committee with members appointed
1575 under Section [
1576 (B) adopting a resolution submitting to the county's registered voters the question of
1577 whether a study committee should be established;
1578 (ii) be signed by registered voters residing in the county equal in number to at least 10%
1579 of the total number of votes cast in the county at the most recent election for governor;
1580 (iii) designate up to five of the petition signers as sponsors, one of whom shall be
1581 designated as the contact sponsor, with the mailing address and telephone number of each; and
1582 (iv) be filed in the office of the clerk of the county in which the petition signers reside.
1583 (c) (i) Within 90 days of the certification of the petition under Subsection (4)(a)(ii)(A), the
1584 county legislative body shall hold a public hearing or series of public hearings, as the county
1585 legislative body determines, on the petition.
1586 (ii) The county legislative body shall give reasonable notice of the public hearing or series
1587 of public hearings under Subsection (3)(c)(i).
1588 (d) (i) At the conclusion of the public hearing or series of public hearings required under
1589 Subsection (3)(c)(i), the county legislative body shall:
1590 (A) adopt a resolution approving the establishment of a study committee with members
1591 appointed under Section [
1592 appointed, subject to Subsection [
1593 (B) adopt a resolution submitting to the county's registered voters the question of whether
1594 a study committee under Section [
1595 (ii) Each resolution under Subsection (3)(d)(i)(B) shall comply with the requirements of
1596 Subsection [
1597 (4) (a) Within 30 days of the filing of a petition under Subsection (2)(a) or (3)(a) or an
1598 amended or supplemental petition under Subsection (4)(b), the county clerk shall:
1599 (i) determine whether the petition or amended or supplemental petition has been signed
1600 by the required number of registered voters; and
1601 (ii) (A) if so:
1602 (I) certify the petition or amended or supplemental petition and deliver it to the county
1603 legislative body; and
1604 (II) notify in writing the contact sponsor of the certification; or
1605 (B) if not, reject the petition or the amended or supplemental petition and notify in writing
1606 the county legislative body and the contact sponsor of the rejection and the reasons for the
1607 rejection.
1608 (b) If a county clerk rejects a petition or an amended or supplemental petition under
1609 Subsection (4)(a)(ii)(B), the petition may be amended or supplemented or an amended or
1610 supplemental petition may be further amended or supplemented with additional signatures and
1611 refiled within 20 days of the date of rejection.
1612 (5) With the unanimous approval of petition sponsors, a petition filed under Subsection
1613 (2)(a) or (3) may be withdrawn at any time within 90 days after petition certification but no later
1614 than 45 days before an election under Section [
1615 if:
1616 (a) the petition notified signers in conspicuous language that the petition sponsors are
1617 authorized to withdraw the petition; and
1618 (b) there are at least three sponsors of the petition.
1619 Section 81. Section 17-52-204 , which is renumbered from Section 17-35a-203.5 is
1620 renumbered and amended to read:
1621 [
1622 -- Conflict with statutory or constitutional provisions -- Processing of optional plan after
1623 attorney general review.
1624 (1) The county clerk shall send to the attorney general a copy of each proposed optional
1625 plan within ten days after:
1626 (a) for an optional plan proposed in a resolution adopted under Subsection [
1627 17-52-202 (2)(e), adoption of the resolution;
1628 (b) for an optional plan proposed by registered voters under Section [
1629 17-52-203 :
1630 (i) the filing of a request for attorney general review under Subsection (6); or
1631 (ii) if the optional plan has not already been reviewed by the attorney general pursuant to
1632 a request under Subsection (6), certification of a petition under Subsection [
1633 17-52-203 (4)(a)(ii)(A).
1634 (2) Within 45 days after receipt of the proposed optional plan from the county clerk under
1635 Subsection (1), the attorney general shall send a written report to the county clerk containing the
1636 information required under Subsection (3).
1637 (3) Each report from the attorney general under Subsection (2) shall:
1638 (a) state the attorney general's opinion as to whether implementation of the optional plan
1639 as proposed would result in a violation of any applicable statutory or constitutional provision;
1640 (b) if the attorney general concludes that a violation would result:
1641 (i) identify specifically each statutory or constitutional provision that would be violated
1642 by implementation of the optional plan as proposed;
1643 (ii) identify specifically each provision or feature of the proposed optional plan that would
1644 result in a statutory or constitutional violation if the plan is implemented as proposed;
1645 (iii) state whether, in the attorney general's opinion, any of the provisions or features
1646 identified in Subsection (3)(b)(ii) are so integral to the proposed optional plan that having
1647 previously changed the specified provision or feature to avoid the violation would have affected
1648 the decision of a legislative body member or study committee member who favored the proposed
1649 optional plan or a reasonable petitioner who signed a petition proposing the optional plan; and
1650 (iv) if all the provisions or features identified in Subsection (3)(b)(ii) do not meet the
1651 standard of Subsection (3)(b)(iii), recommend how the proposed optional plan may be amended
1652 to avoid the statutory or constitutional violation.
1653 (4) (a) If the attorney general's statement under Subsection (3) identifies provisions or
1654 features under Subsection (3)(b)(ii) that meet the standard of Subsection (3)(b)(iii), the proposed
1655 optional plan may not be presented to the voters under Section [
1656 that:
1657 (i) for an optional plan proposed by a resolution under Subsection [
1658 17-52-202 (2)(e), the county legislative body may amend the optional plan to avoid the violation
1659 and then adopt a new resolution under Subsection [
1660 treated as any other resolution under that subsection; and
1661 (ii) for an optional plan proposed in a study committee report under Subsection
1662 [
1663 violation and then adopt a new report under Subsection [
1664 treated as any other report under that subsection.
1665 (b) (i) If the attorney general's statement under Subsection (3) identifies provisions or
1666 features under Subsection (3)(b)(ii) that do not meet the standard of Subsection (3)(b)(iii), the
1667 optional plan may be amended to avoid the statutory or constitutional violations and then:
1668 (A) submitted to the voters at an election under Section [
1669 optional plan is proposed in a resolution adopted under Subsection [
1670 a petition that has been certified under Subsection [
1671 committee report filed under Subsection [
1672 (B) the subject of a petition that is circulated for signatures under Subsection [
1673 17-52-203 (2), if the attorney general's statement results from a request under Subsection (6).
1674 (ii) Each amendment to an optional plan under Subsection (4)(b)(i) shall be made by:
1675 (A) for an optional plan proposed in a resolution adopted under Subsection [
1676 17-52-202 (2)(e), the county legislative body;
1677 (B) for an optional plan proposed in a petition under Section [
1678 petition sponsors; and
1679 (C) for an optional plan proposed in a study committee report filed under Subsection
1680 [
1681 (5) If the attorney general's statement under Subsection (3) does not identify any provisions
1682 or features of the proposed optional plan that, if implemented, would violate a statutory or
1683 constitutional provision, the proposed optional plan may be:
1684 (a) submitted to the voters at an election under Section [
1685 optional plan is proposed in a resolution adopted under Subsection [
1686 a petition that has been certified under Subsection [
1687 committee report filed under Subsection [
1688 (b) the subject of a petition that is circulated for signatures under Subsection [
1689 17-52-203 (2), if the attorney general's statement results from a request under Subsection (6).
1690 (6) The attorney general review required under this section for each proposed optional plan
1691 may be obtained in conjunction with the filing of a proposed optional plan under Subsection
1692 [
1693 registered voters residing in the county.
1694 Section 82. Section 17-52-205 , which is renumbered from Section 17-35a-203.7 is
1695 renumbered and amended to read:
1696 [
1697 (1) In anticipation of an election under Section [
1698 legislative body may prepare a voter information pamphlet to inform the public of the proposed
1699 optional plan.
1700 (2) In preparing a voter information pamphlet under this section, the county legislative
1701 body may:
1702 (a) allow proponents and opponents of the proposed optional plan to provide written
1703 statements to be included in the pamphlet; and
1704 (b) use as a guideline the provisions of Title 20A, Chapter 7, Part 7, Voter Information
1705 Pamphlet.
1706 (3) Each county legislative body preparing a voter information pamphlet under this section
1707 shall cause the publication and distribution of the pamphlet in a manner determined by the county
1708 legislative body to be adequate.
1709 Section 83. Section 17-52-206 , which is renumbered from Section 17-35a-204 is
1710 renumbered and amended to read:
1711 [
1712 (1) Subject to Section [
1713 election if an optional plan is proposed:
1714 (a) by a resolution adopted under Subsection [
1715 (b) in a petition filed under Subsection [
1716 Subsection [
1717 (c) in a study committee report filed under Subsection [
1718 (2) Each election under Subsection (1) shall be held at the next [
1719
1720 months after the county clerk's receipt of the attorney general statement under Section
1721 [
1722 (3) The county legislative body shall prepare the ballot for each election under Subsection
1723 (1) so that the question on the ballot:
1724 (a) clearly, accurately, and impartially presents the proposition to be voted on; and
1725 (b) does not constitute an argument or create prejudice for or against the proposition.
1726 (4) The county legislative body shall:
1727 (a) cause the complete text of the proposed optional plan to be published in a newspaper
1728 of general circulation within the county at least once during two different calendar weeks within
1729 the 30-day period immediately before the date of the election under Subsection (1);
1730 (b) make a complete copy of the optional plan available free of charge to any member of
1731 the public who requests a copy; and
1732 (c) if the optional plan is proposed by a study committee report filed under Subsection
1733 [
1734 of charge to any member of the public who requests a copy.
1735 (5) If an optional plan proposed as a result of a process initiated by the county legislative
1736 body and an optional plan proposed as a result of a process initiated by registered voters are both
1737 scheduled for the same election:
1738 (a) both proposals shall appear on the same ballot;
1739 (b) a voter may vote for or against each proposal; and
1740 (c) if both proposals receive a majority vote of those voting, the proposal with more votes
1741 shall prevail and the other shall be considered rejected.
1742 Section 84. Section 17-52-207 is enacted to read:
1743 17-52-207. Election of officers under optional plan.
1744 If an optional plan is adopted by voters at an election under Section 17-52-206 , the elected
1745 county officers specified in the plan shall be elected according to the procedure and schedule
1746 established under Title 20A, Election Code, for the election of county officers.
1747 Section 85. Section 17-52-301 , which is renumbered from Section 17-35a-301 is
1748 renumbered and amended to read:
1749
1750 [
1751 committee.
1752 (1) Each appointed member of a study committee shall be appointed by an appointment
1753 council as provided in this section.
1754 (2) (a) The county legislative body shall convene a meeting of the five members of the
1755 appointment council referred to in Subsections [
1756 within ten days [
1757 (i) the adoption of a resolution under Subsection [
1758 [
1759 (ii) the canvass of an election pursuant to a resolution adopted under Subsection
1760 [
1761 (A) the resolution specified that study committee members would be appointed; and
1762 (B) a majority of those voting voted in favor of establishing a study committee.
1763 (b) Within ten days of the convening of the first meeting under Subsection (2)(a), the five
1764 members of the appointment council shall designate the remaining four members referred to in
1765 Subsection [
1766 (3) (a) Within 30 days of the designation of the remaining four members under Subsection
1767 (2)(b), the appointment council shall:
1768 (i) appoint the members to the study committee; and
1769 (ii) notify in writing the appointees and the county legislative body of the appointments.
1770 (b) In making appointments to the study committee, the appointment council shall work
1771 to achieve a broadly representative membership.
1772 (c) The appointment council may not appoint a person to the study committee unless that
1773 person:
1774 (i) is a registered voter in the county whose form of government will be studied by the
1775 study committee; and
1776 (ii) does not hold any public office or employment other than membership on the
1777 appointment council.
1778 Section 86. Section 17-52-302 , which is renumbered from Section 17-35a-302 is
1779 renumbered and amended to read:
1780 [
1781 The county legislative body shall convene the first meeting of the study committee within
1782 ten days of:
1783 (1) receipt of notification of the study committee members' appointment under Subsection
1784 [
1785 (2) the canvass of an election at which study committee members were elected pursuant
1786 to a resolution adopted under Subsection [
1787 17-52-203 (3)(d)(i)(B).
1788 Section 87. Section 17-52-303 , which is renumbered from Section 17-35a-303 is
1789 renumbered and amended to read:
1790 [
1791 -- Report -- Services provided by county.
1792 (1) (a) Each study committee shall consist of at least seven but no more than 11 members.
1793 (b) A member of a study committee may not receive compensation for service on the
1794 committee.
1795 (c) The county legislative body shall reimburse each member of a study committee for
1796 necessary expenses incurred in performing the member's duties on the study committee.
1797 (2) A study committee may:
1798 (a) adopt rules for its own organization and procedure and to fill a vacancy in its
1799 membership;
1800 (b) establish advisory boards or committees and include on them persons who are not
1801 members of the study committee; and
1802 (c) request the assistance and advice of any officers or employees of any agency of state
1803 or local government.
1804 (3) Each study committee shall:
1805 (a) study the form of government within the county and compare it with other forms
1806 available under this chapter;
1807 (b) determine whether the administration of local government in the county could be
1808 strengthened, made more clearly responsive or accountable to the people, or significantly improved
1809 in the interest of economy and efficiency by a change in the form of county government;
1810 (c) hold public hearings and community forums and other means the committee considers
1811 appropriate to disseminate information and stimulate public discussion of the committee's
1812 purposes, progress, and conclusions; and
1813 (d) file a written report of its findings and recommendations with the county legislative
1814 body no later than one year after the convening of its first meeting under Section [
1815 17-52-302 .
1816 (4) Each study committee report under Subsection (3)(d) shall include:
1817 (a) the study committee's recommendation as to whether the form of county government
1818 should be changed to an optional form authorized under this chapter;
1819 (b) if the study committee recommends changing the form of government, a complete
1820 detailed draft of a proposed plan to change the form of county government, including all necessary
1821 implementing provisions; and
1822 (c) any additional recommendations the study committee considers appropriate to improve
1823 the efficiency and economy of the administration of local government within the county.
1824 (5) (a) If the study committee's report recommends a change in the form of county
1825 government, the study committee may conduct additional public hearings after filing the report
1826 under Subsection (3)(d) and, following the hearings and subject to Subsection (5)(b), alter the
1827 report.
1828 (b) Notwithstanding Subsection (5)(a), the study committee may not make an alteration
1829 to the report:
1830 (i) that would recommend the adoption of an optional form different from that
1831 recommended in the original report; or
1832 (ii) within the 120-day period before the election under Section [
1833 (6) Each meeting held by the study committee shall be open to the public.
1834 (7) The county legislative body shall provide for the study committee:
1835 (a) suitable meeting facilities;
1836 (b) necessary secretarial services;
1837 (c) necessary printing and photocopying services;
1838 (d) necessary clerical and staff assistance; and
1839 (e) adequate funds for the employment of independent legal counsel and professional
1840 consultants that the study committee reasonably determines to be necessary to help the study
1841 committee fulfill its duties.
1842 Section 88. Section 17-52-401 , which is renumbered from Section 17-35a-401 is
1843 renumbered and amended to read:
1844
1845 [
1846 (1) Each optional plan proposed under this chapter shall:
1847 (a) [
1848 government [
1849 (b) contain detailed provisions relating to the transition from the existing form of county
1850 government to the form proposed in the optional plan, including provisions relating to the:
1851 (i) election or appointment of officers specified in the optional plan for the new form of
1852 county government;
1853 (ii) continuity of existing offices and officers;
1854 (iii) continuity of existing ordinances and regulations;
1855 (iv) continuation of pending legislative, administrative, or judicial proceedings;
1856 (v) making of interim and temporary appointments; and
1857 (vi) preparation, approval, and adjustment of necessary budget appropriations; and
1858 (c) notwithstanding any other provision of this title and except with respect to an optional
1859 plan that proposes the adoption of the county commission or expanded county commission form
1860 of government, provide that, with respect to the county budget, the county auditor's role is to be
1861 the budget officer and to project county revenues, the county executive's role is to propose the
1862 budget, and the county legislative body's role is to adopt the budget.
1863 (2) Subject to Subsection (3), an optional plan may include provisions that are considered
1864 necessary or advisable to the effective operation of the proposed optional plan.
1865 (3) An optional plan may not include any provision that is inconsistent with or prohibited
1866 by the Utah Constitution or any statute.
1867 (4) Each optional plan proposing to change the form of government to a form under
1868 Section [
1869 [
1870 (a) provide for the same executive and legislative officers as are specified in the applicable
1871 section for the form of government being proposed by the optional plan;
1872 [
1873 (c) specify the number of county council members, which shall be an odd number from
1874 three to seven;
1875 [
1876 districts, at large, or by a combination of at large and by district;
1877 [
1878 are to be staggered;
1879 [
1880 [
1881 provisions of Sections 17-5-104 and 20A-1-508 ; and
1882 [
1883 prescribing and changing compensation.
1884 (5) Each optional plan proposing to change the form of government to the expanded
1885 county commission form under Section 17-52-502 shall specify:
1886 (a) whether the county commission shall have five or seven members;
1887 (b) the terms of office for county commission members and whether the terms are to be
1888 staggered;
1889 (c) whether members of the county commission are to be elected from districts, at large,
1890 or by a combination of at large and from districts; and
1891 (d) if any members of the county commission are to be elected from districts, the district
1892 residency requirements for those commission members.
1893 Section 89. Section 17-52-402 , which is renumbered from Section 17-35a-402 is
1894 renumbered and amended to read:
1895 [
1896 government -- County executive -- Plan may propose change of structural form.
1897 (1) (a) An optional plan may propose changing the form of county government to:
1898 [
1899
1900 (ii) the expanded county commission form under Section 17-52-502 ;
1901 [
1902 [
1903 [
1904 [
1905 [
1906 17-52-506 .
1907 (b) An optional plan may not:
1908 (i) propose changing the form of government to a form not included in Subsection (1)(a);
1909 (ii) provide for the nonpartisan election of elected officers;
1910 (iii) impose a limit on the number of terms or years that an elected officer may serve; or
1911 (iv) provide for elected officers to be subject to a recall election.
1912 (2) (a) If an optional plan proposes changing the form of county government to a form that
1913 has a county executive, the county executive may be:
1914 (i) an individual elected at large in the county; or
1915 (ii) a county executive body consisting of at least three members, elected at large or by
1916 district or a combination of both, as provided in the optional plan.
1917 (b) An optional plan that proposes changing to a form of government with an executive
1918 body, as provided in Subsection (2)(a)(ii), may divide the executive duties among the members of
1919 the executive body.
1920 (3) In addition to proposing the adoption of any one of the optional forms of county
1921 government under Subsection (1)(a), an optional plan may also propose the adoption of any one
1922 of the structural forms of county government provided under Chapter 35b, Part 3, Structural Forms
1923 of County Government.
1924 Section 90. Section 17-52-403 , which is renumbered from Section 17-35a-403 is
1925 renumbered and amended to read:
1926 [
1927 (1) If a proposed optional plan is approved at an election held under Section [
1928 17-52-206 :
1929 (a) the proposed optional plan becomes effective according to its terms and at the time
1930 specified in it, is public record open to inspection by the public, and is judicially noticeable by all
1931 courts;
1932 (b) the county clerk shall, within ten days of the canvass of the election, file with the
1933 lieutenant governor a copy of the optional plan, certified by the clerk to be a true and correct copy;
1934 (c) all public officers and employees shall cooperate fully in making the transition between
1935 forms of county government; and
1936 (d) the county legislative body may enact and enforce necessary ordinances to bring about
1937 an orderly transition to the new form of government, including any transfer of power, records,
1938 documents, properties, assets, funds, liabilities, or personnel that are consistent with the approved
1939 optional plan and necessary or convenient to place it into full effect.
1940 (2) Adoption of an optional plan changing only the form of county government without
1941 adopting one of the structural forms under Chapter 35b, Part 3, Structural Forms of County
1942 Government, does not alter or affect the boundaries, organization, powers, duties, or functions of
1943 any:
1944 (a) school district;
1945 (b) justice court;
1946 (c) independent special district established under Title 17A, Chapter 2, Independent
1947 Special Districts;
1948 (d) city or town; or
1949 (e) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
1950 Cooperation Act.
1951 (3) After the adoption of an optional plan, the county remains vested with all powers and
1952 duties vested generally in counties by statute.
1953 Section 91. Section 17-52-404 , which is renumbered from Section 17-35a-404 is
1954 renumbered and amended to read:
1955 [
1956 (1) Subject to Subsection (2), an optional plan, after going into effect following an election
1957 held under Section [
1958 of the county legislative body.
1959 (2) Notwithstanding Subsection (1), an amendment to an optional plan in effect may not
1960 take effect until approved by a majority of registered voters voting in a general or special election
1961 at which the amendment is proposed, if the amendment changes:
1962 (a) the size or makeup of the legislative body, except for adjustments necessary due to
1963 decennial reapportionment;
1964 (b) the distribution of powers between the executive and legislative branches of county
1965 government; or
1966 (c) the status of the county executive or legislative body from full-time to part-time or vice
1967 versa.
1968 Section 92. Section 17-52-501 , which is renumbered from Section 17-5-101 is renumbered
1969 and amended to read:
1970
1971 [
1972 (1) Each county operating under the county commission form of government shall [
1973 be governed by a [
1974 (2) A county commission under a county commission form of government is both the
1975 county legislative body and the county executive and has the powers, duties, and functions of a
1976 county legislative body under Chapter 53, Part 2, County Legislative Body, and the powers, duties,
1977 and functions of a county executive under Chapter 53, Part 3, County Executive.
1978 (3) (a) The term of office of each county commission member is four years.
1979 (b) The terms of county commission members shall be staggered so that two members are
1980 elected at a regular general election date that alternates with the regular general election date of
1981 the other member.
1982 (c) Each county commission member shall be elected at large.
1983 (4) (a) If two county commission positions are vacant for an election, the positions shall
1984 be designated "county commission seat A" and "county commission seat B."
1985 (b) Each candidate who files a declaration of candidacy when two positions are vacant
1986 shall designate on the declaration of candidacy form whether the candidate is a candidate for seat
1987 A or seat B.
1988 (c) No person may file a declaration of candidacy for, be a candidate for, or be elected to
1989 two county commission positions in the same election.
1990 Section 93. Section 17-52-502 is enacted to read:
1991 17-52-502. Expanded county commission form of government.
1992 (1) Each county operating under an expanded county commission form of government
1993 shall be governed by a county commission consisting of five or seven members.
1994 (2) A county commission under the expanded county commission form of government is
1995 both the county legislative body and the county executive and has the powers, duties, and functions
1996 of a county legislative body under Chapter 53, Part 2, County Legislative Body, and the powers,
1997 duties, and functions of a county executive under Chapter 53, Part 3, County Executive.
1998 (3) (a) Except as otherwise provided in an optional plan:
1999 (i) the term of office of each county commission member is four years;
2000 (ii) the terms of county commission members shall be staggered so that approximately half
2001 the members are elected at alternating regular general election dates; and
2002 (iii) each county commission member shall be elected at large.
2003 (4) (a) If multiple at-large county commission positions are vacant for an election, the
2004 positions shall be designated "county commission seat A," "county commission seat B," and so on
2005 as necessary for the number of vacant positions.
2006 (b) Each candidate who files a declaration of candidacy when multiple positions are vacant
2007 shall designate the letter of the county commission seat for which the candidate is a candidate.
2008 (c) No person may file a declaration of candidacy for, be a candidate for, or be elected to
2009 two county commission positions in the same election.
2010 Section 94. Section 17-52-503 , which is renumbered from Section 17-35a-501 is
2011 renumbered and amended to read:
2012 [
2013 officer-council form of county government.
2014 (1) A county operating under the form of government known as the "county executive and
2015 chief administrative officer-council" form shall be governed by the county council, a county
2016 executive, an appointed chief administrative officer, and such other officers and employees as are
2017 authorized by law. The optional plan shall provide for the qualifications, time and manner of
2018 election, term of office, compensation, and removal of the county executive.
2019 (2) The county executive shall be the chief executive officer or body of the county[
2020
2021 [
2022
2023 [
2024 [
2025 [
2026
2027 [
2028
2029
2030 [
2031
2032
2033
2034
2035 [
2036
2037
2038 [
2039
2040 (3) The chief administrative officer shall:
2041 (a) be appointed and removed by the county executive, with the approval of the council,
2042 except that the plan may specifically provide for the appointment and removal of the chief
2043 administrative officer by the council; and
2044 (b) have the qualifications, training, and experience and receive compensation as provided
2045 in the optional plan.
2046 (4) The chief administrative officer shall be principal staff assistant to the county executive
2047 and, under the direction and supervision of the county executive, shall:
2048 (a) exercise supervisory control over all functions of the executive branch;
2049 (b) study and make recommendations to the county executive with respect to the
2050 administration of county affairs and the efficiency and economy of county programs and
2051 operations;
2052 (c) maintain a continuing review of expenditures and of the effectiveness of departmental
2053 budgetary controls;
2054 (d) develop systems and procedures, not inconsistent with statutes, for planning,
2055 programming, budgeting, and accounting for all activities of the county; and
2056 (e) perform any other functions and duties required of him by the optional plan, by any
2057 applicable statutes or ordinances, or by the county executive.
2058 (5) All powers and duties of the county shall be allocated for administrative and executive
2059 purposes to departments of the county as designated by the optional plan. Transfers of employees
2060 and reallocation of powers and duties between departments may be made within budgetary
2061 constraints by and at the discretion of the county executive, except as otherwise provided in the
2062 plan or by ordinance.
2063 (6) In the county executive and chief administrative officer-council form of county
2064 government, the legislative powers of the county shall be vested in the county council, and the
2065 executive powers of the county shall be vested in the county executive.
2066 (7) A reference in statute or state rule to the "governing body" or the "board of county
2067 commissioners" of the county, in the county executive and chief administrative officer-council
2068 form of county government, means:
2069 (a) the county council, with respect to legislative functions, duties, and powers; and
2070 (b) the county executive, with respect to executive functions, duties, and powers.
2071 Section 95. Section 17-52-504 , which is renumbered from Section 17-35a-502 is
2072 renumbered and amended to read:
2073 [
2074 government.
2075 (1) (a) A county operating under the form of government known as the "county
2076 executive-council" form shall be governed by the county council, a county executive, and such
2077 other officers and employees as are authorized by law.
2078 (b) The optional plan shall provide for the qualifications, time, and manner of election,
2079 term of office, compensation, and removal of the county executive.
2080 (2) The county executive shall be the chief executive officer or body of the county [
2081
2082 (3) In the county executive-council form of county government, the legislative powers of
2083 the county shall be vested in the county council, and the executive powers of the county shall be
2084 vested in the county executive.
2085 (4) References in any statute or state rule to the "governing body" or the "board of county
2086 commissioners" of the county, in the county executive-council form of county government, means:
2087 (a) the county council, with respect to legislative functions, duties, and powers; and
2088 (b) the county executive, with respect to executive functions, duties, and powers.
2089 Section 96. Section 17-52-505 , which is renumbered from Section 17-35a-503 is
2090 renumbered and amended to read:
2091 [
2092 (1) A county operating under the form of government known as the "council-manager"
2093 form shall be governed by the county council, a county manager appointed by the council, and such
2094 other officers and employees as are authorized by law. The optional plan shall provide for the
2095 qualifications, time and manner of appointment, term of office, compensation, and removal of the
2096 county manager.
2097 (2) The county manager shall be the administrative head of the county government and
2098 shall have the powers and duties of a county executive, [
2099 that the county manager shall not have any power of veto over ordinances enacted by the council.
2100 (3) No member of the council shall directly or indirectly, by suggestion or otherwise,
2101 attempt to influence or coerce the manager in the making of any appointment or removal of any
2102 officer or employee or in the purchase of supplies, attempt to exact any promise relative to any
2103 appointment from any candidate for manager, or discuss directly or indirectly with him the matter
2104 of specific appointments to any county office or employment. A violation of the foregoing
2105 provisions of this Subsection (3) shall forfeit the office of the offending member of the council.
2106 Nothing in this section shall be construed, however, as prohibiting the council while in open
2107 session from fully and freely discussing with or suggesting to the manager anything pertaining to
2108 county affairs or the interests of the county. Neither manager nor any person in the employ of the
2109 county shall take part in securing, or contributing any money toward, the nomination or election
2110 of any candidate for a county office. The optional plan may provide procedures for implementing
2111 this Subsection (3).
2112 (4) In the council-manager form of county government, the legislative powers of the
2113 county shall be vested in the county council, and the executive powers of the county shall be vested
2114 in the county manager.
2115 (5) A reference in statute or state rule to the "governing body" or the "board of county
2116 commissioners" of the county, in the council-manager form of county government, means:
2117 (a) the county council, with respect to legislative functions, duties, and powers; and
2118 (b) the county manager, with respect to executive functions, duties, and powers.
2119 Section 97. Section 17-52-506 , which is renumbered from Section 17-35a-504 is
2120 renumbered and amended to read:
2121 [
2122 government.
2123 (1) A county operating under the form of government known as the "council-county
2124 administrative officer" form shall be governed by:
2125 (a) a county council;
2126 (b) a county administrative officer appointed by the county council; and
2127 (c) other officers and employees that are authorized by law.
2128 (2) (a) The optional plan submitted to the voters shall require that the county council
2129 establish by ordinance, maintain, and keep filled a permanent position of county administrative
2130 officer.
2131 (b) The optional plan submitted to the voters shall establish the qualifications, time, and
2132 manner of employment, term of office, compensation, and procedures for removal of the county
2133 administrative officer.
2134 (c) The optional plan submitted to the voters shall require that the county administrative
2135 officer be appointed solely on the basis of his abilities, integrity, and prior experience as related
2136 to the duties of his office.
2137 (d) The optional plan submitted to the voters shall designate the position of county
2138 administrative officer as either exempt or not exempt from any applicable county merit system.
2139 (3) The county administrative officer shall administer the functions, responsibilities,
2140 powers, and duties of his office as set forth in the optional plan adopted by the voters, subject to
2141 the direction and control of the county council, and acting as its agent.
2142 (4) The county council may assign additional functions, responsibilities, powers, and
2143 duties to the county administrative officer that do not conflict with the functions, responsibilities,
2144 powers, and duties set forth in the optional plan.
2145 Section 98. Section 17-53-101 , which is renumbered from Section 17-16-2 is renumbered
2146 and amended to read:
2147
2148
2149
2150 [
2151 (1) The officers of a county are: [
2152 (a) (i) in a county operating under a county commission or expanded county commission
2153 form of government, county commission members; or
2154 (ii) in a county operating under one of the other forms of county government under
2155 Subsection 17-52-402 (1)(a), county legislative body members and the county executive, manager,
2156 or administrative officer;
2157 (b) a county treasurer, a sheriff, a county clerk, a county auditor, a county recorder, a
2158 county attorney, a district attorney in a county which is part of a prosecution district, a county
2159 surveyor, and a county assessor[
2160 (c) any others provided by law[
2161 (2) Notwithstanding Subsection (1), in counties having a taxable value of less than
2162 $100,000,000 the county clerk shall be ex officio auditor of the county and shall perform the duties
2163 of the office without extra compensation.
2164 Section 99. Section 17-53-102 is enacted to read:
2165 17-53-102. Officers charged with notice of treasury and claims.
2166 Each county officer is charged with notice of the condition of the county treasury and of
2167 the extent of the claims against it.
2168 Section 100. Section 17-53-103 is enacted to read:
2169 17-53-103. Officers term of office.
2170 Each person elected to a county officer shall take office on the first Monday in January
2171 following the election and shall hold office for the term for which elected and until a successor is
2172 elected and has qualified.
2173 Section 101. Section 17-53-104 , which is renumbered from Section 17-5-206 is
2174 renumbered and amended to read:
2175 [
2176 another county attorney -- Action to enjoin or recover payment.
2177 (1) (a) If a county [
2178 paid for any purpose, or if any other county officer draws a warrant in the officer's own favor or
2179 in favor of any other person without being authorized to do so by the county legislative body or
2180 by law, the county attorney of that county shall request a county attorney from another county to
2181 investigate whether an unauthorized payment has been ordered or an unauthorized warrant drawn.
2182 (b) If the county attorney requests a county attorney from another county to investigate
2183 under Subsection (1)(a), the county attorney shall deputize the investigating county attorney.
2184 (2) If an investigating county attorney determines that an unauthorized payment has been
2185 ordered or that an unauthorized warrant has been drawn, that county attorney may commence and
2186 prosecute an action in the name of the county:
2187 (a) if the payment has not been made or the warrant paid, to enjoin the payment of the
2188 unauthorized payment or of the unauthorized warrant; or
2189 (b) if the payment has been made or the warrant paid, to recover from the payee or the
2190 county officer and the officer's official bondsman the amount paid.
2191 (3) An order of the county legislative body is not necessary in order to maintain an action
2192 under Subsection (2).
2193 Section 102. Section 17-53-105 , which is renumbered from Section 17-5-216 is
2194 renumbered and amended to read:
2195 [
2196 county attorney or district attorney.
2197 (1) [
2198 as provided in Section 20A-1-508 .
2199 (2) A vacancy in the office of county attorney or district attorney shall be filled as provided
2200 in Sections 20A-1-509.1 , 20A-1-509.2 , and 20A-1-509.3 .
2201 Section 103. Section 17-53-201 is enacted to read:
2202
2203 17-53-201. General powers and functions of county legislative body.
2204 Except as expressly provided otherwise in statute, each county legislative body shall
2205 exercise all legislative powers, have all legislative duties, and perform all legislative functions of
2206 the county, including those enumerated in this part.
2207 Section 104. Section 17-53-202 , which is renumbered from Section 17-5-102 is
2208 renumbered and amended to read:
2209 [
2210 Each member of [
2211 (1) be [
2212 [
2213 (2) have been [
2214 the member's election[
2215 Section 105. Section 17-53-203 , which is renumbered from Section 17-5-201 is
2216 renumbered and amended to read:
2217 [
2218 (1) Each county legislative body shall elect one of their number chair.
2219 (2) The chair shall preside at all meetings of the county legislative body, and in case of
2220 [
2221 in their minutes, select one of their number to act as chair temporarily.
2222 (3) Any member of the county legislative body may administer oaths to any person when
2223 necessary in the performance of [
2224 (4) Not less than [
2225 of business, and no act of the county legislative body shall be valid or binding unless [
2226 majority of members [
2227 Section 106. Section 17-53-204 , which is renumbered from Section 17-5-202 is
2228 renumbered and amended to read:
2229 [
2230 (1) (a) The county legislative body [
2231 regular meetings of the county legislative body [
2232 (b) The county legislative body may cancel a regular meeting as the county legislative
2233 body considers appropriate.
2234 (2) (a) Except as provided in Subsection (2)(b), each regular meeting of the county
2235 legislative body shall be held at the county seat.
2236 (b) If approved by a vote of the county legislative body, a county legislative body may hold
2237 an occasional meeting outside the county seat as the public business requires.
2238 Section 107. Section 17-53-205 , which is renumbered from Section 17-5-203 is
2239 renumbered and amended to read:
2240 [
2241 (1) If [
2242 body, such meeting may be ordered by a majority of the legislative body or by the chair [
2243 [
2244 (2) Each order [
2245 (a) be signed by the members or chair calling [
2246 (b) be entered in the minutes of the legislative body[
2247
2248 (c) specify the business to be transacted at [
2249 (3) No business other than that specified [
2250 a special meeting unless all [
2251 consent [
2252 (4) The county clerk shall give five days notice of each special meeting to each member
2253 of a county legislative body that does not join in the order calling the meeting.
2254 Section 108. Section 17-53-206 , which is renumbered from Section 17-5-204 is
2255 renumbered and amended to read:
2256 [
2257 [
2258
2259
2260 Meetings.
2261 (2) The chair and clerk of the county legislative body shall sign the records and minutes
2262 of the county legislative body.
2263 Section 109. Section 17-53-207 , which is renumbered from Section 17-5-205 is
2264 renumbered and amended to read:
2265 [
2266 transaction of business.
2267 The county legislative body [
2268 regulations for the government of itself, the preservation of order, and the transaction of business
2269 as may be necessary.
2270 Section 110. Section 17-53-208 , which is renumbered from Section 17-15-1 is renumbered
2271 and amended to read:
2272 [
2273 ordinances printed in book form.
2274 (1) The enacting clause of all ordinances of the county legislative body shall be as follows:
2275 "The County Legislative Body of [
2276 (2) Every ordinance shall be signed by the [
2277 and attested by the clerk. On the passage of all ordinances the votes of the several members of the
2278 county legislative body shall be entered on the minutes, and all ordinances shall be entered at
2279 length in the ordinance book.
2280 (3) (a) No ordinance passed by the county legislative body may take effect within less than
2281 15 days after its passage.
2282 (b) The legislative body of each county adopting an ordinance shall, before the ordinance
2283 may take effect:
2284 (i) deposit a copy of the ordinance in the office of the county clerk; and
2285 (ii) (A) publish a short summary of the ordinance, together with a statement that a
2286 complete copy of the ordinance is available at the county clerk's office and with the name of the
2287 members voting for and against the ordinance, for at least one publication in:
2288 (I) a newspaper published in and having general circulation in the county, if there is one;
2289 or
2290 (II) if there is none published in the county, in a newspaper of general circulation within
2291 the county; or
2292 (B) post a complete copy of the ordinance in nine public places within the county.
2293 (4) Any ordinance printed by authority of the county legislative body in book form, or any
2294 general revision of county ordinances printed in book form, may be adopted by an ordinance
2295 making reference to such printed ordinance or revision if not less than three copies of such
2296 ordinance or revision are filed in the office of the county clerk at the time of adoption for use and
2297 examination by the public.
2298 (5) Ordinances establishing rules and regulations for the construction of buildings, the
2299 installation of plumbing, the installation of electric wiring or other related or similar work, where
2300 such rules and regulations have been printed as a code in book form, may be adopted by reference
2301 to such codes if not less than three copies thereof are filed in the office of the county clerk at the
2302 time of the adoption of such ordinance for use and examination by the public.
2303 (6) Ordinances that in the opinion of the county legislative body are necessary for the
2304 immediate preservation of the peace, health, or safety of the county and the county's inhabitants
2305 may, if so provided in the ordinance, take effect immediately upon publication in one issue of a
2306 newspaper published in and having general circulation in the county, if there is one, and if there
2307 is none published in the county, then immediately after posting at the courthouse door.
2308 (7) An ordinance may take effect at a later date than provided in this section, if the
2309 ordinance so provides.
2310 (8) An order entered in the minutes of the county legislative body that an ordinance has
2311 been duly published or posted shall be prima facie proof of such publication or posting.
2312 Section 111. Section 17-53-209 , which is renumbered from Section 17-5-210 is
2313 renumbered and amended to read:
2314 [
2315 The [
2316 (1) [
2317 by the [
2318 meetings[
2319 (2) [
2320 allowance of money from the county treasury, to whom made and on what account, dating,
2321 numbering, and indexing the same through each year[
2322 (3) [
2323 establishment, maintenance, charge, and discontinuance of roads and road districts, and all
2324 contracts and other matters pertaining thereto[
2325 (4) [
2326 purpose, the length of time, and to whom granted, the amount of bond and license tax required or
2327 other consideration to be paid[
2328 (5) [
2329 passed by the [
2330 (6) [
2331 in the order of drawing all warrants drawn on the treasurer, with their number and reference to the
2332 order on the minute [
2333 Section 112. Section 17-53-210 , which is renumbered from Section 17-5-211 is
2334 renumbered and amended to read:
2335 [
2336 [
2337 body may divide the county into precincts [
2338 entities as permitted or required by law, and may change [
2339 convenience requires.
2340 Section 113. Section 17-53-211 , which is renumbered from Section 17-5-213 is
2341 renumbered and amended to read:
2342 [
2343 [
2344 officers and officers of all precincts, districts, and other subdivisions of the county, [
2345 municipal corporations[
2346 delinquencies, and, when necessary, require them to renew their official bonds, make reports, and
2347 present their books and accounts for inspection.
2348 Section 114. Section 17-53-212 is enacted to read:
2349 17-53-212. Fees for services -- Exceptions.
2350 The legislative body of each county shall adopt an ordinance establishing fees for services
2351 provided by each county officer, except:
2352 (1) fees for the recorder, sheriff, and county constables; and
2353 (2) fees established by statute.
2354 Section 115. Section 17-53-213 , which is renumbered from Section 17-5-215 is
2355 renumbered and amended to read:
2356 [
2357 [
2358 the care, management, collection, or disbursement of moneys belonging to the county or
2359 appropriated by law or otherwise for its use and benefit.
2360 Section 116. Section 17-53-214 , which is renumbered from Section 17-5-217 is
2361 renumbered and amended to read:
2362 [
2363 [
2364 as [
2365 county, and may transfer money from one fund to another as the public interest [
2366 requires, except as otherwise specifically provided in statute.
2367 Section 117. Section 17-53-215 , which is renumbered from Section 17-5-220 is
2368 renumbered and amended to read:
2369 [
2370 [
2371 (1) adopt a seal for the county [
2372 "State of Utah, County [
2373
2374 (2) file an impression [
2375 and with the Division of Archives.
2376 Section 118. Section 17-53-216 , which is renumbered from Section 17-5-221 is
2377 renumbered and amended to read:
2378 [
2379 [
2380 of the county shall:
2381 (1) provide a seal for the clerk of the district court of the county, the impression of which
2382 shall contain the words "District Court, State of Utah," together with the name of the county; and
2383 (2) file an impression [
2384 and with the Division of Archives.
2385 Section 119. Section 17-53-217 , which is renumbered from Section 17-5-222 is
2386 renumbered and amended to read:
2387 [
2388 to be transmitted to the county assessor.
2389 (1) For the purpose of this section, "business" means any enterprise carried on for the
2390 purpose of gain or economic profit, except that the acts of employees rendering services to
2391 employers are not included in this definition.
2392 (2) The [
2393 the licensing of businesses within the unincorporated areas of the county for the purpose of
2394 regulation and revenue [
2395 (3) All license fees and taxes shall be uniform in respect to the class upon which they are
2396 imposed.
2397 (4) The county business licensing agency shall transmit the information from each
2398 approved business license application to the county assessor within 60 days following the approval
2399 of the application.
2400 (5) This section may not be construed to enhance, diminish, or otherwise alter the taxing
2401 power of counties existing prior to the effective date of Chapter 144, Laws of Utah 1988.
2402 Section 120. Section 17-53-218 , which is renumbered from Section 17-5-228 is
2403 renumbered and amended to read:
2404 [
2405 [
2406 citations, or other process issued by the [
2407 deputy all meetings of the [
2408 Section 121. Section 17-53-219 , which is renumbered from Section 17-5-246 is
2409 renumbered and amended to read:
2410 [
2411 [
2412 equalization as are [
2413 Section 122. Section 17-53-220 , which is renumbered from Section 17-5-247 is
2414 renumbered and amended to read:
2415 [
2416 [
2417 its direction prior to the annual meeting for levying taxes a statement showing[
2418 indebtedness of the county, funded and floating, stating the amount of each class and the rate of
2419 interest borne by such indebtedness or any part [
2420 [
2421
2422 Section 123. Section 17-53-221 , which is renumbered from Section 17-5-248 is
2423 renumbered and amended to read:
2424 [
2425 [
2426 within the county for all county purposes [
2427
2428
2429
2430
2431
2432 Section 124. Section 17-53-222 , which is renumbered from Section 17-5-255 is
2433 renumbered and amended to read:
2434 [
2435 [
2436 expedient so to do, annually at [
2437 is fixed and levied, assess and levy a tax for [
2438 [
2439 having a lawful settlement in the county;
2440 [
2441 county temporarily residing therein, and for the burial of such indigent persons who [
2442 within the county;
2443 [
2444 [
2445 [
2446 and any other necessary help [
2447 [
2448 poor and other duties as provided by law.
2449 (2) The taxes [
2450 collected in the same manner as other county taxes are assessed, levied, and collected.
2451 Section 125. Section 17-53-223 , which is renumbered from Section 17-5-258 is
2452 renumbered and amended to read:
2453 [
2454 [
2455 within [
2456 collecting, preparing, and maintaining an exhibit of the products and industries of the county at any
2457 domestic or foreign exposition, fair, or livestock show for the purpose of encouraging immigration
2458 and increasing trade in the products of the state and for the purpose of maintaining, conducting,
2459 and furnishing facilities for livestock or other exhibitions or for the purpose of promoting and
2460 making water surveys, collecting data relating to the supply, distribution and use of water or the
2461 necessity for drainage or other reclamation work and the compilation of data or information to
2462 encourage the conservation of water for the reclamation of lands within the county or counties of
2463 the state [
2464 pecuniary profit, organized for that purpose.
2465 Section 126. Section 17-53-224 , which is renumbered from Section 17-5-263 is
2466 renumbered and amended to read:
2467 [
2468 [
2469 (a) pass all ordinances and rules and make all regulations, not repugnant to law, necessary
2470 for carrying into effect or discharging the powers and duties conferred by this title, and as are
2471 necessary and proper to provide for the safety, and preserve the health, promote the prosperity,
2472 improve the morals, peace, and good order, comfort, and convenience of the county and its
2473 inhabitants, and for the protection of property in the county; [
2474 (b) enforce obedience to ordinances with fines or penalties as the legislative body
2475 considers proper[
2476
2477
2478 (c) pass ordinances to control air pollution.
2479 (2) Punishment imposed under Subsection (1)(b) shall be by fine, not to exceed the
2480 maximum fine for a class B misdemeanor under Section 76-3-301 , imprisonment, or by both fine
2481 and imprisonment.
2482 Section 127. Section 17-53-225 , which is renumbered from Section 17-5-272 is
2483 renumbered and amended to read:
2484 [
2485 of county property.
2486 (1) [
2487 county treasury for the offering and payment of rewards for information which directly assists in
2488 the enforcement of law and protection of county property.
2489 (b) The offering and payment of rewards shall be made under conditions and limitations
2490 as established by the county legislative body.
2491 (2) With the prior approval of the county legislative body, any county officer or agency
2492 [
2493 Subsection (1).
2494 Section 128. Section 17-53-226 , which is renumbered from Section 17-5-273 is
2495 renumbered and amended to read:
2496 [
2497 professional architect, engineer, or surveyor.
2498 (1) [
2499 of Title 63, Chapter 56, Utah Procurement Code, or the rules promulgated pursuant to that code.
2500 (2) Notwithstanding Subsection (1), the legislative body of each county that engages the
2501 services of a professional architect, engineer, or surveyor and considers more than one such
2502 professional for the engagement:
2503 (a) shall consider, as a minimum, in the selection process:
2504 (i) the qualifications, experience, and background of each firm submitting a proposal;
2505 (ii) the specific individuals assigned to the project and the time commitments of each to
2506 the project; and
2507 (iii) the project schedule and the approach to the project that the firm will take; and
2508 (b) may engage the services of a professional architect, engineer, or surveyor based on the
2509 criteria under Subsection (2)(a) rather than solely on lowest cost.
2510 Section 129. Section 17-53-227 , which is renumbered from Section 17-15-2 is renumbered
2511 and amended to read:
2512 [
2513 [
2514 or its business or affairs or any county officer [
2515 witnesses and take evidence [
2516 (2) At such investigations, any member of the county legislative body may administer
2517 oaths to witnesses. [
2518 (3) If the county legislative body [
2519 a committee upon any subject or matter and [
2520 member power to hear or take evidence [
2521 the premises as the county legislative body itself.
2522 Section 130. Section 17-53-301 is enacted to read:
2523
2524 17-53-301. General powers and functions of county executive.
2525 (1) The county executive is the chief executive office of the county.
2526 (2) Except as expressly provided otherwise in statute and except as contrary to the powers
2527 and duties of other county officers expressly provided for in Chapters 16, 17, 18, 19, 20, 21, 22,
2528 23, and 24, each county executive shall exercise all executive powers, have all executive duties,
2529 and perform all executive functions of the county, including those enumerated in this part.
2530 Section 131. Section 17-53-302 is enacted to read:
2531 17-53-302. County executive duties.
2532 Each county executive shall:
2533 (1) exercise supervisory control over all functions of the executive branch of county
2534 government;
2535 (2) direct and organize the management of the county in a manner consistent with state
2536 law, county ordinance, and the county's optional plan of county government;
2537 (3) carry out programs and policies established by the county legislative body;
2538 (4) faithfully ensure compliance with all applicable laws and county ordinances;
2539 (5) exercise supervisory and coordinating control over all departments of county
2540 government;
2541 (6) except as otherwise vested in the county legislative body by state law or by the optional
2542 plan of county government, appoint, suspend, and remove the directors of all county departments
2543 and all appointive officers of boards and commissions;
2544 (7) except as otherwise delegated by statute to another county officer, exercise
2545 administrative and auditing control over all funds and assets, tangible and intangible, of the county;
2546 (8) except as otherwise delegated by statute to another county officer, supervise and direct
2547 centralized budgeting, accounting, personnel management, purchasing, and other service functions
2548 of the county;
2549 (9) conduct planning studies and make recommendations to the county legislative body
2550 relating to financial, administrative, procedural, and operational plans, programs, and
2551 improvements in county government;
2552 (10) maintain a continuing review of expenditures and of the effectiveness of departmental
2553 budgetary controls;
2554 (11) develop systems and procedures, not inconsistent with statute, for planning,
2555 programming, budgeting, and accounting for all activities of the county;
2556 (12) if the county executive is an elected county executive, exercise a power of veto over
2557 ordinances enacted by the county legislative body, including an item veto upon budget
2558 appropriations, in the manner provided by the optional plan of county government; and
2559 (13) perform all other functions and duties required of the executive by state law, county
2560 ordinance, and the optional plan of county government.
2561 Section 132. Section 17-53-303 is enacted to read:
2562 17-53-303. Examination and audit of accounts.
2563 The county executive may examine and audit the accounts of all officers having the care,
2564 management, collection, or disbursement of moneys belonging to the county or appropriated by
2565 law or otherwise for its use and benefit.
2566 Section 133. Section 17-53-304 is enacted to read:
2567 17-53-304. Commanding services of sheriff.
2568 The county executive may direct the county sheriff to serve notices, subpoenas, citations,
2569 or other process issued by the executive, and to attend in person or by deputy all meetings
2570 conducted by the executive to preserve order.
2571 Section 134. Section 17-53-305 , which is renumbered from Section 17-5-218 is
2572 renumbered and amended to read:
2573 [
2574 [
2575 the county, after [
2576 to be drawn on the county treasurer [
2577 Section 135. Section 17-53-306 is enacted to read:
2578 17-53-306. Warrants -- Required information -- Payment -- Registration.
2579 (1) Each warrant drawn by order of the county executive on the county treasurer for current
2580 expenses during each year shall specify the liability for which it is drawn, when it accrued, and the
2581 funds from which it is to be paid.
2582 (2) Each warrant shall be paid in the order of presentation to the treasurer.
2583 (3) If the fund is insufficient to pay a warrant, the treasurer shall register the warrant and
2584 pay it in the order of registration.
2585 (4) Accounts for county charges of every description shall be presented to the auditor and
2586 county executive to be audited as prescribed in statute.
2587 Section 136. Section 17-53-307 , which is renumbered from Section 17-5-259 is
2588 renumbered and amended to read:
2589 [
2590 -- Oath.
2591 (1) The county executive, with the advice and consent of the county legislative body, in
2592 each county having a taxable value in excess of $500,000,000 may appoint a county purchasing
2593 agent.
2594 (2) The agent shall qualify by taking, subscribing, and filing the constitutional oath and
2595 giving bond to the county in a sum fixed by the county legislative body.
2596 (3) The county purchasing agent shall, under the direction and supervision of the county
2597 executive:
2598 (a) negotiate for the purchase of or contract for all supplies and materials required by the
2599 county;
2600 (b) submit all contracts and purchases negotiated by the purchasing agent under Subsection
2601 (3)(a) to the county legislative body for approval and ratification; and
2602 (c) keep an accurate and complete record of all purchases and a detailed disposition of
2603 them and, when required by the county legislative body, make a complete and detailed report to
2604 it of business transacted.
2605 (4) The county executive may exclude from the purchasing agent's responsibility a county
2606 clerk's duties concerning elections or a sheriff's duties under Section 17-22-8 .
2607 Section 137. Section 17-53-308 , which is renumbered from Section 17-15-3 is renumbered
2608 and amended to read:
2609 [
2610 Contracts -- Bids -- Payment and performance bonds -- Retainage.
2611 (1) (a) [
2612 construction of any courthouse, jail, hospital, or other public building to be paid for out of the
2613 general funds of the county, the county executive shall require plans and specifications to be drawn
2614 up and an estimate of the cost to be made.
2615 (ii) If the estimated cost exceeds $25,000, the county may not repair, alter, or construct any
2616 building except through contract let to the low responsive and responsible bidder.
2617 (b) All buildings for which the estimated cost exceeds $25,000 shall be repaired, altered,
2618 or constructed by contract let to the low responsive and responsible bidder after publication of
2619 notice at least once a week for three consecutive weeks in a newspaper of general circulation
2620 published in the county, or, if there is no such newspaper, then after posting such notice for at least
2621 20 days in at least five public places in the county.
2622 (c) The county executive may reject any or all bids.
2623 (d) (i) In seeking bids and awarding a contract for the repair, alteration, or construction
2624 work, the county legislative body may elect to follow the provisions of Title 63, Chapter 56, Utah
2625 Procurement Code, as the county legislative body considers appropriate under the circumstances
2626 for specification preparation, source selection, or contract formation.
2627 (ii) The election may be made on a case-by-case basis, unless the county has previously
2628 adopted the Utah Procurement Code as permitted by Subsection 63-56-2 (3)(e).
2629 (iii) If an election is made, it shall be done in an open meeting of the county legislative
2630 body and the portions of the Utah Procurement Code to be followed for the work under
2631 consideration shall be specified in the legislative body's action.
2632 (e) (i) This chapter may not be construed to prohibit the county legislative body from
2633 adopting the procedures of [
2634 (ii) An election to adopt the procedures of the code may not excuse the county from
2635 complying with the requirements to award a contract for work in excess of $25,000 and to publish
2636 notice of the intent to award.
2637 (f) The person to whom any contract to erect or repair buildings is awarded shall execute
2638 bonds under Sections 14-1-18 and 63-56-38 .
2639 (g) Nothing in this section may be construed to prohibit a public entity from contracting
2640 with another public entity under Title 11, Chapter 13, Interlocal Cooperation Act.
2641 (2) Any payment on a contract with a private contractor to erect or repair buildings under
2642 this section that is retained or withheld shall be retained or withheld and released as provided in
2643 Section 13-8-5 .
2644 Section 138. Section 17-53-309 , which is renumbered from Section 17-15-4 is renumbered
2645 and amended to read:
2646 [
2647 specifications -- Delegation.
2648 (1) [
2649 construction, or repair of any public building or other public structure, the plans and specifications
2650 may not be altered or changed in any manner that would increase the cost of altering, constructing,
2651 or repairing the building or structure, unless the county legislative body, in a regularly scheduled
2652 open and public meeting, approves the alteration or change in the plans and specifications.
2653 (2) The county legislative body may adopt policies and procedures to delegate authority
2654 to approve alterations or changes in plans and specifications to a county employee, including the
2655 county engineer, architect, surveyor, or director of the department or division responsible for the
2656 work.
2657 Section 139. Section 17-53-310 , which is renumbered from Section 17-15-5 is renumbered
2658 and amended to read:
2659 [
2660 (1) [
2661 alteration, or repair of any public building or other public structure, the contract may be altered or
2662 changed only:
2663 (a) by vote of the county legislative body made in a regularly scheduled open and public
2664 meeting; and
2665 (b) [
2666 (2) [
2667 (a) the particular change or alteration shall be specified in writing; and
2668 (b) the increase or decrease in cost due to the change or alteration shall be established by
2669 the county executive according to either the provisions of the contract or established principles of
2670 the construction industry.
2671 (3) (a) The county legislative body may adopt policies and procedures to delegate authority
2672 for approval of changes or alterations in the contract to a county employee, including the county
2673 executive, county engineer, architect, surveyor, or director of the department or division
2674 responsible for the work.
2675 (b) Unless the requirements of this section are met, the county is not liable for any extra
2676 work done on the buildings or public structures.
2677 Section 140. Section 17-53-311 , which is renumbered from Section 17-5-274 is
2678 renumbered and amended to read:
2679 [
2680 construction of jails.
2681 (1) (a) With the approval of the sheriff, [
2682 contractors for management, maintenance, operation, and construction of county jails.
2683 (b) [
2684 building authority created under the provisions of Title 17A, Chapter 3, Part 9, Municipal Building
2685 Authorities, to construct or acquire a jail facility.
2686 (c) [
2687 jail facility meet any federal, state, or local standards for the construction of jails.
2688 (2) If [
2689 operation of a jail, the county executive shall include provisions in the contract that:
2690 (a) require the private contractor to post a performance bond in the amount set by the
2691 county legislative body;
2692 (b) establish training standards that must be met by jail personnel;
2693 (c) require the private contractor to provide and fund training for jail personnel so that the
2694 personnel meet the standards established in the contract and any other federal, state, or local
2695 standards for the operation of jails and the treatment of jail prisoners;
2696 (d) require the private contractor to indemnify the county for errors, omissions,
2697 defalcations, and other activities committed by the private contractor that result in liability to the
2698 county;
2699 (e) require the private contractor to show evidence of liability insurance protecting the
2700 county and its officers, employees, and agents from liability arising from the construction,
2701 operation, or maintenance of the jail, in an amount not less than those specified in Title 63,
2702 Chapter 30, Utah Governmental Immunity Act;
2703 (f) require the private contractor to:
2704 (i) receive all prisoners committed to the jail by competent authority; and
2705 (ii) provide them with necessary food, clothing, and bedding in the manner prescribed by
2706 the governing body; and
2707 (g) prohibit the use of inmates by the private contractor for private business purposes of
2708 any kind.
2709 (3) A contractual provision requiring the private contractor to maintain liability insurance
2710 in an amount not less than the liability limits established by Title 63, Chapter 30, Utah
2711 Governmental Immunity Act, may not be construed as waiving the limitation on damages
2712 recoverable from a governmental entity or its employees established by that chapter.
2713 Section 141. Section 17-53-312 is enacted to read:
2714 17-53-312. County resource development committee -- Membership -- Term --
2715 Compensation and expenses -- Duties.
2716 (1) (a) A county executive may, with the advice and consent of the county legislative body,
2717 appoint a county resource development committee of three or more members, at least one of which
2718 shall be a member of the county legislative body.
2719 (b) Each member of a county resource development committee shall be a resident of the
2720 county.
2721 (2) (a) The term of each member of a county resource development committee shall be two
2722 years and until a successor has been appointed.
2723 (b) The legislative body of each county with a county resource development committee
2724 shall provide by ordinance for the filling of a vacancy in the membership of the committee and for
2725 the removal of a member for nonperformance of duty or misconduct.
2726 (3) (a) Each member shall serve without compensation.
2727 (b) The county legislative body may reimburse a member for actual expenses incurred in
2728 performing the member's duties and responsibilities on the committee, upon presentation of proper
2729 receipts and vouchers.
2730 (4) The committee may elect such officers from its members as it considers appropriate
2731 and may, with the consent and approval of the county legislative body, employ an executive
2732 director for the committee.
2733 (5) The committee shall:
2734 (a) assist in promoting the development of the county's mineral, water, manpower,
2735 industrial, historical, cultural, and other resources; and
2736 (b) make such recommendations to the county for resource development as the committee
2737 considers advisable.
2738 (6) The county executive may cooperate and enter into contracts with municipalities, local
2739 communities, other counties, and the state for the purpose of promoting the development of the
2740 economic, historical, and cultural resources of the county.
2741 Section 142. Section 21-2-8 , which is renumbered from Section 17-5-214 is renumbered
2742 and amended to read:
2743 [
2744 (1) As used in this section, "county officer" means all of the county officers enumerated
2745 in Section 17-16-2 except county recorders, county constables, and county sheriffs.
2746 [
2747
2748 [
2749 benefit:
2750 (i) all fees established by the county legislative body under this section; and
2751 (ii) any other fees authorized or required by law.
2752 (b) As long as the displaced homemaker program is authorized by Section 35A-3-114 , the
2753 county clerk shall:
2754 (i) assess $20 in addition to whatever fee for a marriage license is established under
2755 authority of this section; and
2756 (ii) transmit $20 from each marriage license fee to the Division of Finance to be credited
2757 to the displaced homemaker program.
2758 (c) As long as the Children's Legal Defense Account is authorized by Section 63-63a-8 ,
2759 the county clerk shall:
2760 (i) assess $10 in addition to whatever fee for a marriage license is established under
2761 authority of this section and in addition to the $20 assessed for the displaced homemaker program;
2762 and
2763 (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit in
2764 the Children's Legal Defense Account.
2765 [
2766 collected by county officers.
2767 Section 143. Repealer.
2768 This act repeals:
2769 Section 17-1-1,"Range," "township," "section" defined.
2770 Section 17-1-33, Disputed boundaries -- Determination.
2771 Section 17-4-1, Counties are bodies corporate and politic.
2772 Section 17-4-12, Citation.
2773 Section 17-4-13, Purpose of act.
2774 Section 17-5-103, Term of office -- Two vacancies in same election.
2775 Section 17-5-104, Vacancies on the County Commission.
2776 Section 17-5-207, Breach of duty by commissioners -- Penalty.
2777 Section 17-5-223, Destruction of pests.
2778 Section 17-5-224, Dogs -- Tax and regulation.
2779 Section 17-5-225, Protection of fish and wildlife.
2780 Section 17-5-226, Working prisoners.
2781 Section 17-5-227, Inspecting and grading merchandise.
2782 Section 17-5-230, Explosives.
2783 Section 17-5-231, Stationary engineers, examination and licensing -- Boiler inspection.
2784 Section 17-5-238, Donations for county purposes.
2785 Section 17-5-240, Rooms where building not available.
2786 Section 17-5-241, Insurance of buildings and furniture.
2787 Section 17-5-244, Omnibus authority.
2788 Section 17-5-249, Cemeteries and burials.
2789 Section 17-5-250, Burial of indigents.
2790 Section 17-5-251, Farm -- Convalescent and nursing care facilities -- Social services.
2791 Section 17-5-252, Transient indigents and insane persons.
2792 Section 17-5-253, Lawful settlement, how acquired.
2793 Section 17-5-254, Relief of sick persons.
2794 Section 17-5-257, County fire department.
2795 Section 17-5-260, Powers and duties of purchasing agent.
2796 Section 17-5-261, Restriction of powers and duties.
2797 Section 17-5-262, Water survey -- Cooperation with Utah Water Users' Association
2798 or subsidiary organization.
2799 Section 17-5-266, Historic and cultural resource programs.
2800 Section 17-5-267, County resource development committee -- Appointment of
2801 members -- Terms -- Compensation and expenses -- Vacancies -- Removal of members.
2802 Section 17-5-268, County resource development committee -- Election of officers --
2803 Employment of executive director.
2804 Section 17-5-269, Functions of committee.
2805 Section 17-5-270, County resources -- Power of county executives to contract with
2806 other authorities.
2807 Section 17-35a-101, Title.
2808 Section 17-35a-103, Legislative intent.
2809 Section 144. Coordination clause.
2810 (1) If this bill and S.B. 58, Optional Forms of County Government Amendments, both
2811 pass, it is the intent of the Legislature that the amendments in this bill supersede the amendments
2812 in S.B. 58.
2813 (2) If this bill and S.B. 206, State and Local Amendments, both pass, it is the intent of the
2814 Legislature that Sections 17-1a-101 and 17-1a-102 , as enacted in S.B. 206, be renumbered to
2815 17-50-103 and 17-50-104 , respectively, and that references to those sections in S.B. 206 be
2816 amended accordingly.
Legislative Review Note
as of 2-10-00 8:49 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.