Enrolled Copy S.B. 263
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Revisor's Corrections to Utah Code - Title 10
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: Jefferson Moss
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LONG TITLE
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General Description:
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This bill makes code revisions in Title 10, Utah Municipal Code.
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Highlighted Provisions:
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This bill:
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▸ replaces the term "this act" in Title 10, Utah Municipal Code, with a citation to the
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relevant title, chapter, or legislation;
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▸ replaces certain effective date language with the effective date of the referenced
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legislation;
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▸ establishes subsection structuring within code sections without structure;
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▸ repeals obsolete language; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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10-1-103, as enacted by Laws of Utah 1977, Chapter 48
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10-1-105, as last amended by Laws of Utah 2010, Chapter 378
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10-1-106, as enacted by Laws of Utah 1977, Chapter 48
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10-1-107, as enacted by Laws of Utah 1977, Chapter 48
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10-1-108, as last amended by Laws of Utah 2010, Chapter 378
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10-1-109, as last amended by Laws of Utah 2010, Chapter 378
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10-1-111, as enacted by Laws of Utah 1977, Chapter 48 S.B. 263 Enrolled Copy
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10-1-113, as last amended by Laws of Utah 2010, Chapter 378
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10-2-603, as last amended by Laws of Utah 1987, Chapter 92
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10-2-605, as enacted by Laws of Utah 1977, Chapter 48
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10-2-606, as last amended by Laws of Utah 1993, Chapter 227
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10-2-612, as enacted by Laws of Utah 1977, Chapter 48
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10-2-613, as enacted by Laws of Utah 1977, Chapter 48
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10-2-614, as last amended by Laws of Utah 2010, Chapter 378
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10-2-705, as last amended by Laws of Utah 2009, Chapter 350
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10-2-706, as last amended by Laws of Utah 1993, Chapter 227
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10-2-707, as last amended by Laws of Utah 1990, Chapter 59
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10-3-603, as enacted by Laws of Utah 1977, Chapter 48
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10-3-604, as last amended by Laws of Utah 1981, Chapter 49
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10-3-608, as last amended by Laws of Utah 2010, Chapter 378
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10-3-610, as enacted by Laws of Utah 1977, Chapter 48
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10-3-702, as last amended by Laws of Utah 2010, Chapter 378
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10-3-705, as last amended by Laws of Utah 1979, Chapter 38
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10-3-706, as enacted by Laws of Utah 1977, Chapter 48
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10-3-709, as enacted by Laws of Utah 1977, Chapter 48
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10-3-710, as enacted by Laws of Utah 1977, Chapter 48
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10-3-713, as enacted by Laws of Utah 1977, Chapter 48
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10-3-716, as last amended by Laws of Utah 2006, Chapter 55
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10-3-828, as last amended by Laws of Utah 1990, Chapter 59
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10-3-903, as enacted by Laws of Utah 1977, Chapter 48
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10-3-904, as enacted by Laws of Utah 1977, Chapter 48
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10-3-917, as last amended by Laws of Utah 2003, Chapter 292
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10-3-1004, as last amended by Laws of Utah 2010, Chapter 378
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10-3-1005, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1006, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1007, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1008, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1010, as last amended by Laws of Utah 1983, Chapter 29
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10-3-1012.5, as last amended by Laws of Utah 2010, Chapter 378
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10-3-1104, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1107, as last amended by Laws of Utah 1993, Chapter 4
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10-5-127, as enacted by Laws of Utah 1983, Chapter 34
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10-5-128, as enacted by Laws of Utah 1983, Chapter 34
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10-6-102, as enacted by Laws of Utah 1979, Chapter 26
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10-6-107, as last amended by Laws of Utah 1981, Chapter 52
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10-6-114, as enacted by Laws of Utah 1979, Chapter 26
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10-6-115, as enacted by Laws of Utah 1979, Chapter 26
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10-6-119, as last amended by Laws of Utah 1999, Chapter 300
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10-6-123, as last amended by Laws of Utah 2010, Chapter 378
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10-6-126, as enacted by Laws of Utah 1979, Chapter 26
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10-6-128, as last amended by Laws of Utah 1999, Chapter 300
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10-6-136, as enacted by Laws of Utah 1979, Chapter 26
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10-6-143, as enacted by Laws of Utah 1979, Chapter 26
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10-6-144, as enacted by Laws of Utah 1979, Chapter 26
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10-6-145, as enacted by Laws of Utah 1979, Chapter 26
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10-6-146, as enacted by Laws of Utah 1979, Chapter 26
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10-7-8, as last amended by Laws of Utah 2005, Chapter 105
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10-7-9, as last amended by Laws of Utah 1953, First Special Session, Chapters 2, 2
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10-7-14.1, as last amended by Laws of Utah 1953, First Special Session, Chapters 3, 3
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10-7-26, as last amended by Laws of Utah 1969, Chapter 27
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10-7-27, Utah Code Annotated 1953
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10-7-29, Utah Code Annotated 1953
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10-7-33, Utah Code Annotated 1953
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10-7-65, as last amended by Laws of Utah 1990, Chapter 59
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10-7-67, Utah Code Annotated 1953
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10-7-72, as last amended by Laws of Utah 2010, Chapter 378
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10-7-80, as enacted by Laws of Utah 1965, Chapter 16
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10-7-84, as enacted by Laws of Utah 1965, Chapter 16
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10-8-92, Utah Code Annotated 1953
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10-8-93, as last amended by Laws of Utah 2000, Chapter 133
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10-9a-514, as last amended by Laws of Utah 2011, Chapter 14
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10-15-2, as enacted by Laws of Utah 1966, Second Special Session, Chapters 2, 2
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10-15-3, as last amended by Laws of Utah 1997, Chapter 10
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10-15-4, as last amended by Laws of Utah 2010, Chapter 378
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10-15-5, as enacted by Laws of Utah 1966, Second Special Session, Chapters 2, 2
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10-15-6, as last amended by Laws of Utah 2008, Chapter 360
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REPEALS:
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10-1-101, as enacted by Laws of Utah 1977, Chapter 48
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10-1-102, as enacted by Laws of Utah 1977, Chapter 48
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10-1-110, as last amended by Laws of Utah 1993, Chapter 4
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10-1-112, as last amended by Laws of Utah 2010, Chapter 378
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10-1-114, as last amended by Laws of Utah 2016, Chapter 348
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10-1-115, as enacted by Laws of Utah 1977, Chapter 48
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10-15-1, as enacted by Laws of Utah 1966, Second Special Session, Chapters 2, 2
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 10-1-103 is amended to read:
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10-1-103 . Construction.
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The powers herein delegated to any municipality shall be liberally construed to permit
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the municipality to exercise the powers granted by this [act] title except in cases clearly
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contrary to the intent of the law.
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Section 2. Section 10-1-105 is amended to read:
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10-1-105 . No changes intended.
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(1) Unless otherwise specifically provided in this [act] title, the provisions of this [act]
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title may not operate in any way to affect the property or contract rights or other actions
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which may exist in favor of or against any municipality.[ ]
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(2) Nor shall this [act] title operate in any way to change or affect any ordinance, order or
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resolution in force in any municipality and such ordinances, orders and resolutions
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which are not repugnant to law, shall continue in full force and effect until repealed or
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amended.
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Section 3. Section 10-1-106 is amended to read:
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10-1-106 . Scope of title.
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This [act] title shall apply to all municipalities incorporated or existing under the law of
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the State of Utah except as otherwise specifically excepted by the home rule provisions of
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Article XI, Section 5 of the Constitution of the State of Utah.
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Section 4. Section 10-1-107 is amended to read:
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10-1-107 . Municipalities.
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All municipalities which have been incorporated under any previous act of the United
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States or of the State of Utah shall be treated as properly incorporated under [this act] Laws of
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Utah 1977, Chapter 48.
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Section 5. Section 10-1-108 is amended to read:
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10-1-108 . Cumulative powers -- Powers not in derogation of state agencies.
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(1) The provisions of this [act or any other act not expressly repealed by Section
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10-1-114] title or any other act not expressly repealed by Laws of Utah 1977, Chapter 48,
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Section 1, shall be considered as an alternative or additional power and not as a
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limitation on any other power granted to or possessed by municipalities.[ ]
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(2) The provisions of this [act] title may not be considered as impairing, altering, modifying
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or repealing any of the jurisdiction or powers possessed by any department, division,
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commission, board, or office of state government.
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Section 6. Section 10-1-109 is amended to read:
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10-1-109 . Saving clause.
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(1) The repeal of the titles, chapters, and sections specified in [Section 10-1-114] Laws
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of Utah 1977, Chapter 48, Section 1, do not:
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[(1)] (a) affect suits pending or rights existing immediately [prior to the effective date of
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this act] before July 1, 1977;
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[(2)] (b) impair, avoid, or affect any grant or conveyance made or right acquired or cause
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of action now existing under any repealed act or amendment thereto; or
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[(3)] (c) affect or impair the validity of any bonds or other obligation issued or sold prior
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to [the effective date of this act.] July 1, 1977.
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(2) The repeal of any validating act or part thereof does not avoid the effect of the
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validation.[ ]
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(3) No act repealed by [Section 10-1-114] Laws of Utah 1977, Chapter 48, Section 1, shall
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repeal any act or part thereof which embraces the same or similar subject matter as the
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act repealed.
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Section 7. Section 10-1-111 is amended to read:
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10-1-111 . Existing indebtedness.
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Any bond or other evidence of indebtedness issued under the provisions of any act
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repealed by [this act] Laws of Utah 1977, Chapter 48, which is outstanding and unpaid as of
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July 1, 1977, shall be amortized and retired by taxation or revenue in the manner provided by
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the act under which such indebtedness was incurred, notwithstanding repeal or change of the
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act.
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Section 8. Section 10-1-113 is amended to read:
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10-1-113 . Severability clause.
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If any chapter, part, section, paragraph or subsection of this [act] title, or the application
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thereof is held to be invalid, the remainder of this [act] title is not affected thereby.
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Section 9. Section 10-2-603 is amended to read:
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10-2-603 . Plan of consolidation.
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(1) The resolution for consolidation shall have attached a plan approved by the
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governing bodies, properly executed by the mayors and attested by the recorders setting
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forth the nature of the obligations, assets, and liabilities of the municipalities to be
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included within the proposed consolidated municipality.[ ]
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(2) The plan shall include a list of every public utility or property on which any debt is
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owed or due, all or any part of which is payable from the revenues of the utility or
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property, or from taxes which have been levied and which are outstanding at the time the
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proposed consolidation is to become effective.[ ]
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(3) The plan shall also specify the rights, duties, and obligations of the proposed
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consolidated municipality.
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Section 10. Section 10-2-605 is amended to read:
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10-2-605 . Effect of plan of consolidation.
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(1) The plan of consolidation shall be subordinate in all respects to the contract rights
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of all holders of any securities or obligations of the municipality outstanding at the
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effective date of the consolidation.[ ]
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(2) The plan shall be available to the public for inspection and copying.[ ]
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(3) The plan may extend for a period of up to 20 years, except that those provisions
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necessary for the protection of the holders of any securities or other obligations of any
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municipalities being consolidated shall extend for such longer time as may be necessary
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to ensure the payment of the securities and obligations.[ ]
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(4) Any person may enforce the provisions and terms of the plan during the period in which
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the plan is effective.[ ]
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(5) After the expiration of the period of the plan, the rights, duties and obligations stated in
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the plan shall be governed by the laws of the State of Utah and not by the plan.[ ]
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(6) The plan shall be effective only if the consolidation is approved by the voters of the
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respective municipalities to be consolidated.
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Section 11. Section 10-2-606 is amended to read:
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10-2-606 . Public hearings.
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(1) The governing body of each municipality in its plan for consolidation shall set a
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time and place for a public hearing or public hearings which shall be held at least 10
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days after the plan of consolidation and the dates of the public hearing have been
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submitted to the county legislative bodies.[ ]
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(2) The public hearing may be held jointly or separately by the governing bodies of each
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municipality to be consolidated.[ ]
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(3) Any interested person may be heard on any aspect of the proposed consolidation.[ ]
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(4) One or more certified copies of the plan of consolidation shall be available in the
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recorder's office of each municipality at least five days prior to the hearing.
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Section 12. Section 10-2-612 is amended to read:
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10-2-612 . New municipality -- Ownership of property -- Indebtedness of original
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municipalities.
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(1) Any consolidated municipality shall be deemed to be a continuation of the merged
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municipalities, except as herein expressly provided, and shall own all of the assets,
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property, records, seals, equipment, and be responsible for the liabilities of each and all
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of the municipalities dissolved by the consolidation.[ ]
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(2) The new municipality shall require the inhabitants of an original municipality included
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in the consolidation, by special tax levy, to satisfy any indebtedness incurred by the
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original municipalities provided inhabitants residing in other parts of the consolidated
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municipality did not or do not benefit by the revenue or services obtained by the
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expenditures causing the indebtedness.[ ]
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(3) The governing body of the consolidated municipality shall be subject to the terms of the
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consolidation plan.
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Section 13. Section 10-2-613 is amended to read:
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10-2-613 . Governing body until next election.
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(1) Until the next regular municipal election, the elected officials of the municipalities
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consolidated into the consolidated municipality shall constitute the governing body of
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the municipality.[ ]
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(2) The governing body shall elect one of their members to serve as mayor of the
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municipality and may appoint such other officers as deemed necessary to carry out the
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business of the municipality.
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Section 14. Section 10-2-614 is amended to read:
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10-2-614 . Ordinances, resolutions, and orders.
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(1) All ordinances, resolutions and orders, in force in any of the municipalities when it
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is consolidated, shall remain in full force and effect within the respective areas of the
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municipalities which existed prior to consolidation insofar as the ordinances, resolutions
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and orders are not repugnant to law, until repealed or amended, but may not in any case
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exceed three years.[ ]
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(2) The governing body of the new municipality shall as soon as possible adopt new
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ordinances, resolutions and orders for the uniform governance of the new municipality.
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Section 15. Section 10-2-705 is amended to read:
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10-2-705 . Judgment -- Determination of claims.
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(1) The vote shall be taken and canvassed in the same manner as in other municipal
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elections, and return thereof made to the district court.[ ]
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(2) If the district court finds that a majority of the votes cast favored dissolution, a judgment
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shall be entered approving the dissolution of the municipality and, upon dissolution, the
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corporate powers of such municipality shall cease, and the court shall cause notice to be
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given in a manner to be prescribed by it, requiring all claims against the municipality to
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be filed in the court within a time fixed in the notice, not exceeding six months, and all
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claims not so filed shall be forever barred.[ ]
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(3) At the expiration of the time so fixed the court shall adjudicate claims so filed, which
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shall be treated as denied, and any citizen of the municipality at the time the vote was
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taken may appear and defend against any claim so filed, or the court may in its
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discretion appoint some person for that purpose.
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Section 16. Section 10-2-706 is amended to read:
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10-2-706 . Taxes to meet municipal obligations.
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(1) The court shall have power to wind down the affairs of the municipality, to dispose
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of its property as provided by law, and to make provisions for the payment of all
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indebtedness thereof and for the performance of its contracts and obligations, and shall
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order such taxes levied from time to time as may be requisite therefore, which the
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county legislative body shall levy against the property within the municipality.[ ]
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(2) The taxes shall be collected by the county treasurer in the manner for collecting other
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property taxes and shall be paid out under the orders of the court, and the surplus, if any,
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shall be paid into the school fund for the district in which the taxes were levied.[ ]
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(3) All municipal property remaining after the winding down of the affairs of the
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municipality, shall be transferred to the board of education of such school district, which
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board hereby is empowered to enforce all claims for the same and to have the use of all
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property so vesting.
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Section 17. Section 10-2-707 is amended to read:
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10-2-707 . Disposition of records.
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(1) The books, documents, records, papers, and seal of any dissolved municipality
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shall be deposited with the county clerk for safekeeping and reference.[ ]
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(2) All court records of justice court judges shall be deposited with a justice court judge of
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the county to be designated by the court, and other records with the district court.[ ]
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(3) The courts respectively have authority to execute and complete all unfinished business
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standing on the same.
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Section 18. Section 10-3-603 is amended to read:
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10-3-603 . Public records.
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(1) The governing body of each municipality shall keep a journal of its proceedings.[ ]
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(2) The books, records, accounts and documents of each municipality shall be kept at the
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office of the recorder and approved copies shall be open and available to the public
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during regular business hours for examination and copying.[ ]
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(3) The governing body may by resolution establish reasonable charges for providing
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copies of its public records to individuals, except when by law the municipality must
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provide the records without cost to the public.
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Section 19. Section 10-3-604 is amended to read:
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10-3-604 . Annual examination of municipal finances -- Publication of results.
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(1) At the end of each fiscal year, the governing body of each city of the first and
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second class shall cause a full and complete examination of all books and accounts of
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the city to be made by certified public accountants, and shall publish the results of the
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examination and a detailed and itemized statement of all receipts and disbursements of
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the city in a summary of their proceedings and expenses during the fiscal year.[ ]
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(2) The city shall then provide printed copies to the newspapers of the city and to the city
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recorder who shall provide one copy of it to any person on request.
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Section 20. Section 10-3-608 is amended to read:
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10-3-608 . Rules of conduct for the public.
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(1) The governing body on a two-thirds vote may expel any person who is disorderly
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during the meeting of the governing body.[ ]
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(2) This section or any action taken by the governing body pursuant hereto does not
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preclude prosecution under any other provision of law.
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Section 21. Section 10-3-610 is amended to read:
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10-3-610 . Requiring attendance of witnesses-- Production of evidence.
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(1) The governing body of each municipality may require the attendance of any person
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to give testimony or produce records, documents or things for inspection, copying or
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examination necessary or useful for the governance of the municipality.[ ]
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(2) The governing body may by ordinance establish its own procedures for issuing
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subpoenas to require attendance and production under this section or it may issue
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subpoenas in its own name in the same manner as is provided in the Utah Rules of Civil
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Procedure.
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Section 22. Section 10-3-702 is amended to read:
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10-3-702 . Extent of power exercised by ordinance.
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(1) The governing body may pass any ordinance to regulate, require, prohibit, govern,
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control or supervise any activity, business, conduct or condition authorized by this [act]
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title or any other provision of law.[ ]
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(2) An officer of the municipality may not be convicted of a criminal offense where he
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relied on or enforced an ordinance he reasonably believed to be a valid ordinance.[ ]
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(3) It shall be a defense to any action for punitive damages that the official acted in good
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faith in enforcing an ordinance or that he enforced an ordinance on advice of legal
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counsel.
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Section 23. Section 10-3-705 is amended to read:
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10-3-705 . Requirements as to form -- Effective date.
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(1) Ordinances passed or enacted by the governing body shall be signed by the mayor,
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or if he is absent, by the mayor pro tempore, or by a quorum of the governing body, and
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shall be recorded before taking effect.[ ]
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(2) No ordinance shall be void or unlawful by reason of its failure to conform to the
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provisions of Subsection 10-3-704(1), (2), (3) or (4).[ ]
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(3) Ordinances which do not have an effective date shall become effective 20 days after
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publication or posting, or 30 days after final passage by the governing body, whichever
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is sooner.
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Section 24. Section 10-3-706 is amended to read:
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10-3-706 . Revision of ordinances.
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(1) The governing body by resolution may authorize and direct the mayor to appoint,
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with the advice and consent of the governing body, one or more persons to prepare and
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submit to the governing body a compilation, revision or codification of municipal
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ordinances.[ ]
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(2) The compensation for the service shall be fixed by resolution of the governing body and
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paid out of the municipal treasury.
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Section 25. Section 10-3-709 is amended to read:
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10-3-709 . Repeal of conflicting provisions -- Title.
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(1) Such revision shall be by one ordinance embracing all ordinances of a general and
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permanent character preserved as changed or added to and perfected by the revision,
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codification and compilation and shall be a repeal of all ordinances in conflict with the
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revision, codification and compilation, but all ordinances then enforced shall continue in
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force after the revision, codification and compilation for the purpose of all rights
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acquired, fines, penalties and forfeitures and liabilities incurred and actions therefor.[ ]
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(2) The only title necessary for such ordinance shall be "an ordinance revising, codifying
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and compiling the general ordinances of the city or town of ____ (inserting the name of
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the municipality)."
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Section 26. Section 10-3-710 is amended to read:
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10-3-710 . Publication in book, pamphlet, or looseleaf form -- State statutes.
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(1)(a) Ordinances revised, codified, compiled and published in book, pamphlet or
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looseleaf form by authority of the governing body need not be printed or published in
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any other manner, except that the ordinance adopting the revision, codification or
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compilation shall be published or posted in the manner provided by law.[ ]
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(b) Provisions of state law may be adopted by reference.[ ]
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(2) Any changes necessary to conform those state laws with municipal ordinance shall be
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noted.
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Section 27. Section 10-3-713 is amended to read:
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10-3-713 . Recording, numbering, and certification of passage.
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(1) The municipal recorder shall record, in a book used exclusively for that purpose, all
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ordinances passed by the governing body.[ ]
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(2) The recorder shall give each ordinance a number, if the governing body has not already
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so done.[ ]
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(3) Immediately following each ordinance, or codification of ordinances, the recorder shall
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make or cause to be made a certificate stating the date of passage and of the date of
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publication or posting, as required.[ ]
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(4) The record and memorandum, or a certified copy thereof, shall be prima facie evidence
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of the contents, passage, and publication or posting of the ordinance or codification.
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Section 28. Section 10-3-716 is amended to read:
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10-3-716 . Fines and forfeitures -- Disposition.
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(1) All fines, penalties, and forfeitures for the violation of any ordinance, when
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collected, shall be paid in accordance with Section 51-4-2.[ ]
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(2) A violation of this section constitutes a class C misdemeanor.[ ]
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(3) The retention or use of any fine, penalty, or forfeiture by any person for personal use or
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benefit constitutes a class B misdemeanor, except that if the amount or amounts exceed
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$1,000 the offense is a class A misdemeanor as defined in the Utah Criminal Code.
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Section 29. Section 10-3-828 is amended to read:
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10-3-828 . Oath -- Filing.
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(1) The oath of office required under this part shall be administered by any judge,
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notary public, or by the recorder of the municipality.[ ]
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(2) Elected officials shall take their oath of office at 12:00 noon on the first Monday in
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January following their election or as soon thereafter as is practical.[ ]
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(3) Appointed officers shall take their oath at any time before entering on their duties.[ ]
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(4) All oaths of office shall be filed with the recorder of the respective municipality.
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Section 30. Section 10-3-903 is amended to read:
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10-3-903 . City engineer -- Custodian of records of public improvements.
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(1) The city engineer's office in cities of the first and the second class shall be an office
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of record for all maps, plans, plats, profiles, drawings, final estimates, specifications and
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contracts which in any way relate to the public improvements and engineering affairs of
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the city.[ ]
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(2) The city engineer shall be custodian of all drawings and documents above mentioned.
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Section 31. Section 10-3-904 is amended to read:
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10-3-904 . Books and supplies -- Recording -- Filing -- Inspection.
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(1) The city engineer's office shall be supplied with all necessary books, cases and
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supplies for recording and filing as required.[ ]
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(2) The city engineer shall record and file all drawings and documents pertaining to public
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lands and improvements.[ ]
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(3) Those made in his office shall be placed on record as soon as completed and shall then
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be open for public inspections, and any person copying the same or taking notes
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therefrom may do so in pencil only.[ ]
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(4) He shall keep the records and files in good condition and turn the same over to his
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successor in office.[ ]
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(5) He shall allow no alteration, mutilation or changes to be made in any matter of record,
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and shall be held strictly accountable for the same.
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Section 32. Section 10-3-917 is amended to read:
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10-3-917 . Engineer in a city of the third, fourth, or fifth class or town.
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402
(1) The governing body of a city of the third, fourth, or fifth class or a town may by
403
ordinance establish the office of municipal engineer and prescribe the duties and
404
obligations for that office which are consistent with the duties and obligations of the city
405
engineer in cities of the first and second class.[ ]
406
(2) If a city of the third, fourth, or fifth class or town uses the engineer employed by the
407
county in which the municipality is located, the municipality may, by ordinance
408
prescribe for its municipal engineer either the duties of a municipal engineer or, if
409
different, the duties of the county engineer, or a combination of duties.
410
Section 33. Section 10-3-1004 is amended to read:
411
10-3-1004 . Qualifications of commissioners -- Salary -- Removal.
412
(1) Not more than two members of the civil service commission shall at any one time
413
be of the same political party.[ ]
414
(2) No member of the civil service commission shall during his tenure of office hold any
415
other public office, or be a candidate for any other public office.[ ]
416
(3) Each member shall receive $25 for each meeting of the commission which he shall
417
attend, but may not receive more than $100 in any one month.[ ]
418
(4) In case of misconduct, inability or willful neglect in the performance of the duties of the
419
office by any member, the member may be removed from office by the board of city
420
commissioners by a majority vote of the entire membership, but the member shall, if he
421
so desires, have opportunity to be heard in defense.
422
Section 34. Section 10-3-1005 is amended to read:
423
10-3-1005 . Organization of commission -- Secretary -- Offices.
424
(1) The civil service commission shall organize by selecting one of its members
425
chairman, and shall appoint as secretary one of the available officers or employees of the
426
city, who shall act and serve without additional compensation.[ ]
427
(2) The secretary shall keep a record of all meetings of the civil service commission and of
428
its work and shall perform such other services as the commission may require, and shall
429
have the custody of the books and records of the commission.[ ]
430
(3) The board of city commissioners shall provide suitable accommodations and equipment
431
to enable the civil service commission to attend to its business.
432
Section 35. Section 10-3-1006 is amended to read:
433
10-3-1006 . Rules and regulations -- Printing and distribution.
434
(1) The civil service commission shall make all necessary rules and regulations to
435
carry out the purposes of this part and for examinations, appointments and promotions.[ ]
- 13 - S.B. 263 Enrolled Copy
436
(2) All rules and regulations shall be printed by the civil service commission for
437
distribution.
438
Section 36. Section 10-3-1007 is amended to read:
439
10-3-1007 . Examinations.
440
(1) All applicants for employment in the classified civil service shall be subject to
441
examination, which shall be public, competitive and free.[ ]
442
(2) Examinations shall be held at such times and places as the civil service commission
443
shall from time to time determine, and shall be for the purpose of determining the
444
qualifications of applicants for positions.[ ]
445
(3) Examinations shall be practical and shall fairly test the fitness in every respect of the
446
persons examined to discharge the duties of the positions to which they seek to be
447
appointed, and shall include tests of physical qualifications and health.
448
Section 37. Section 10-3-1008 is amended to read:
449
10-3-1008 . Appointments from civil service list -- Probation period.
450
(1) In all cases the appointing power shall notify the civil service commission of each
451
separate position to be filled, and shall fill such place by the appointment of one of the
452
persons certified by the commission therefor.[ ]
453
(2) Such appointment shall be on probation, and of a character and for a period to be
454
prescribed by the civil service commission.
455
Section 38. Section 10-3-1010 is amended to read:
456
10-3-1010 . Promotions -- Basis -- Certification of applicants.
457
(1) The civil service commission shall provide for promotion in the classified civil
458
service on the basis of ascertained merit, seniority in service and standing obtained by
459
competitive examination, and shall provide, in all cases where practicable, that
460
vacancies shall be filled by promotion from the members of the next lower rank as
461
submit themselves for the examination and promotion.[ ]
462
(2) The civil service commission shall certify to the appointing power the names of not
463
more than five applicants having the highest rating for each promotion.
464
Section 39. Section 10-3-1012.5 is amended to read:
465
10-3-1012.5 . Appeal to Court of Appeals -- Scope of review.
466
(1) Any final action or order of the commission may be appealed to the Court of
467
Appeals for review.[ ]
468
(2) The notice of appeal shall be filed within 30 days of the issuance of the final action or
469
order of the commission.[ ]
- 14 - Enrolled Copy S.B. 263
470
(3) The review by Court of Appeals shall be on the record of the commission and shall be
471
for the purpose of determining if the commission has abused its discretion or exceeded
472
its authority.
473
Section 40. Section 10-3-1104 is amended to read:
474
10-3-1104 . Library personnel -- Monthly wage deductions and matching sums --
475
Time of inclusion.
476
(1)(a) The librarians, assistants and employees of any public library may, at the
477
discretion of the board of directors of the library, be included within and participate
478
in the pension, retirement, sickness, disability and death benefit system established
479
under Section 10-3-1103.[ ]
480
(b) In the event the librarian, assistants and employees of the municipality are included
481
within and participate in the system, there shall be deducted from the monthly wage
482
or salary of the librarian, assistants and employees and paid into the system, a
483
percentage of their wage or salary equal to the percentage of the monthly wage or
484
salary of other employees of the municipality which is paid into the system.[ ]
485
(c) Also there shall be paid monthly into the system from the funds of the library a
486
further sum equal to the total amount deducted monthly from the wage or salary of
487
the librarian, assistants and employees and paid into the retirement system.
488
(2)(a) Where the election by the board of directors of any library for inclusion of its
489
librarian, assistants and employees within the system of any municipality is
490
subsequent to the establishment of the system, the inclusion may begin as of the date
491
of the establishment of the system or as of the date of the election as shall be
492
determined by the board of directors.[ ]
493
(b) If inclusion is as of the date of the establishment of the system, there shall be paid
494
into the system in addition to the subsequent monthly wage deductions and matching
495
sums, a sum equal to the aggregate of monthly payroll deductions and matching sums
496
that would have accrued during the period beginning with the establishment of the
497
system and ending with the election had the librarian, assistants and employees been
498
included within the system from its establishment.
499
Section 41. Section 10-3-1107 is amended to read:
500
10-3-1107 . Cost of living adjustment -- Price index used.
501
(1)(a) The governing body of each municipality may, in their discretion, adopt a plan to
502
allow any person who qualifies under this part to receive a cost of living adjustment
503
in that person's monthly retirement allowance.[ ]
- 15 - S.B. 263 Enrolled Copy
504
(b) The adjustment allowed shall be a percentage, not to exceed 100%, of the sum as
505
would restore the full purchasing power of each person's original unmodified pension
506
allowance as it was in the calendar year in which the retirement giving rise to the
507
pension occurred.
508
(2) The amount necessary to restore the full purchasing power of the original unmodified
509
pension allowance shall be computed from the consumers price index published by the
510
United States Bureau of Labor Statistics.
511
(3)(a) Adjustments may be effective as of [the date of this act] July 1, 1977, or at any
512
subsequent date set by the governing body.[ ]
513
(b) A municipality may choose to pay any per cent to the maximum amount provided
514
that such percentage be paid to all qualified persons equally.
515
Section 42. Section 10-5-127 is amended to read:
516
10-5-127 . Signing of checks -- Determination of sufficiency of account.
517
(1) The town treasurer, or in his absence a deputy treasurer appointed by the council,
518
shall sign all checks prepared by the town clerk.[ ]
519
(2) Prior to affixing the signature, the treasurer or deputy treasurer shall determine that a
520
sufficient amount is on deposit in the appropriate bank account of the town to honor the
521
check.[ ]
522
(3) The council may also designate any town officer to countersign checks.
523
Section 43. Section 10-5-128 is amended to read:
524
10-5-128 . Deposit of town funds -- Commingling with personal funds prohibited
525
-- Suspension from office for unauthorized use or profit from town funds.
526
(1) The treasurer shall promptly deposit all town funds in the appropriate bank
527
accounts of the town.[ ]
528
(2) It shall be unlawful for any person to commingle town funds with his or her own money.[ ]
529
(3) Whenever it shall appear that the treasurer or any officer is making profit out of public
530
money, or is using the same for any purpose not authorized by law, such treasurer or
531
officer shall be suspended from office.
532
Section 44. Section 10-6-102 is amended to read:
533
10-6-102 . Legislative intent -- Purpose of chapter.
534
(1) This chapter is intended to provide uniform accounting, budgeting, and financial
535
reporting procedures for cities.[ ]
536
(2) It is the purpose of this chapter to enable cities to make financial plans for both current
537
and capital expenditures, to insure that their executive staffs administer their respective
- 16 - Enrolled Copy S.B. 263
538
functions in accordance with adopted budgets, to provide the public and investors with
539
information about the financial policies and administration of cities, to provide for the
540
optional use of performance budgeting and related accounting and reporting procedures,
541
and to enable larger cities to evaluate and measure operating performance and provide
542
data comparable with other cities.
543
Section 45. Section 10-6-107 is amended to read:
544
10-6-107 . Uniform accounting system.
545
(1) The accounting records of cities shall be established and maintained, and financial
546
statements prepared from those records in conformance with generally accepted
547
accounting principles promulgated from time to time by authoritative bodies in the
548
United States.[ ]
549
(2) The state auditor shall prescribe in the Uniform Accounting Manual for Utah Cities a
550
uniform system of accounting that conforms to generally accepted accounting principles.[ ]
551
(3) The state auditor shall maintain the manual so that it reflects current generally accepted
552
accounting principles.
553
Section 46. Section 10-6-114 is amended to read:
554
10-6-114 . Budget -- Public hearing on tentatively adopted budget.
555
(1) At the time and place advertised, or at any time and place to which the public
556
hearing may be adjourned, the governing body shall hold a public hearing on the
557
budgets tentatively adopted.[ ]
558
(2) All interested persons in attendance shall be given an opportunity to be heard, for or
559
against, the estimates of revenue and expenditures or any item thereof in the tentative
560
budget of any fund.
561
Section 47. Section 10-6-115 is amended to read:
562
10-6-115 . Budget -- Continuing authority of governing body.
563
(1) After the conclusion of the public hearing, the governing body may continue to
564
review any tentative budget and may insert such new items or may increase or decrease
565
items of expenditure that were the proper subject of consideration at the public hearing,
566
except there shall be no decrease in the amount appropriated for debt retirement and
567
interest or reduction of any existing deficits, as provided by Section 10-6-117.[ ]
568
(2) It shall also increase or decrease the total anticipated revenue to equal the net change in
569
proposed expenditures in the budget of each fund.
570
Section 48. Section 10-6-119 is amended to read:
571
10-6-119 . Budgets in effect for budget period -- Amendment -- Filing for public
- 17 - S.B. 263 Enrolled Copy
572
inspection.
573
(1) Upon final adoption, the budgets shall be in effect for the budget period, subject to
574
later amendment.[ ]
575
(2) A certified copy of the adopted budgets shall be filed in the office of the city auditor or
576
city recorder and shall be available to the public during regular business hours.
577
Section 49. Section 10-6-123 is amended to read:
578
10-6-123 . Expenditures or encumbrances in excess of appropriations prohibited
579
-- Processing claims.
580
(1) City officers may not make or incur expenditures or encumbrances in excess of
581
total appropriations for any department in the budget as adopted or as subsequently
582
amended.[ ]
583
(2) Any obligation contracted by any such officer may not be or become valid or
584
enforceable against the city.[ ]
585
(3) No check or warrant to cover any claim against any appropriation shall be drawn until
586
the claim has been processed as provided by this chapter.
587
Section 50. Section 10-6-126 is amended to read:
588
10-6-126 . Reduction of total budget appropriation of department by resolution --
589
Notice to governing body.
590
(1) The total budget appropriation of any department may be reduced for purposes
591
other than transfer to another department by resolution of the governing body at any
592
regular meeting, or special meeting, called for that purpose, if notice of the proposed
593
action is given to all members of the governing body at least five days before such
594
action.[ ]
595
(2) The notice may be waived in writing or orally during attendance at the meeting by any
596
member of the governing body.
597
Section 51. Section 10-6-128 is amended to read:
598
10-6-128 . Amendment and increase of individual fund budgets.
599
(1) After the conclusion of the hearing, the governing body, by resolution or ordinance,
600
may amend the budgets of the funds proposed to be increased, so as to make all or part
601
of the increases therein, both estimated revenues and appropriations, which were the
602
proper subject of consideration at the hearing.[ ]
603
(2) Final amendments in the current period to the budgets of any of the funds set forth in
604
Section 10-6-109 shall be adopted by the governing body on or before the last day of the
605
fiscal period.
- 18 - Enrolled Copy S.B. 263
606
Section 52. Section 10-6-136 is amended to read:
607
10-6-136 . Increase in appropriations for operating and capital budget funds --
608
Notice.
609
(1) The total budget appropriation of any fund described in Section 10-6-135 may be
610
increased by resolution of the governing body at any regular meeting, or special meeting
611
called for that purpose, provided that written notice of the time, place and purpose of the
612
meeting shall have been mailed or delivered to all members of the governing body at
613
least five days prior to the meeting.[ ]
614
(2) The notice may be waived in writing or orally during attendance at the meeting by any
615
member of the governing body.
616
Section 53. Section 10-6-143 is amended to read:
617
10-6-143 . City treasurer or deputy -- Duties with respect to issuance of checks.
618
(1) The treasurer, or in his absence a deputy treasurer appointed by the governing
619
body, shall sign all checks prepared by the auditor or recorder.[ ]
620
(2) Prior to affixing the signature, the treasurer or deputy treasurer shall determine that a
621
sufficient amount is on deposit in the appropriate bank account of the city to honor the
622
check.[ ]
623
(3) The governing body may also designate a person, other than the city auditor or the city
624
recorder, to countersign checks.
625
Section 54. Section 10-6-144 is amended to read:
626
10-6-144 . City treasurer -- Warrants -- Order of payment.
627
(1) In the absence of appropriate money, as set forth in Section 10-6-140, the treasurer
628
shall pay all warrants in the order in which presented and as money becomes available
629
for payment thereof in the appropriate funds of the city.[ ]
630
(2) The treasurer shall note upon the back of each warrant presented the date of presentation
631
and the date of payment.
632
Section 55. Section 10-6-145 is amended to read:
633
10-6-145 . City treasurer -- Special assessments -- Application of proceeds.
634
(1) All money received by the treasurer on any special assessment shall be applied to
635
the payment of the improvement for which the assessment was made.[ ]
636
(2) The money shall be used for the payment of interest and principal on bonds or other
637
indebtedness issued in settlement thereof, and shall be used for no other purpose
638
whatever, except as otherwise provided in Section 10-6-131.
639
Section 56. Section 10-6-146 is amended to read:
- 19 - S.B. 263 Enrolled Copy
640
10-6-146 . City treasurer -- Deposit of city funds -- Commingling with personal
641
funds unlawful -- Suspension from office.
642
(1) The treasurer shall promptly deposit all city funds in the appropriate bank accounts
643
of the city.[ ]
644
(2) It shall be unlawful for any person to commingle city funds with his or her own money.[ ]
645
(3) Whenever it shall appear that the treasurer or any other officer is making profit out of
646
public money, or is using the same for any purpose not authorized by law, such treasurer
647
or officer shall be suspended from office.
648
Section 57. Section 10-7-8 is amended to read:
649
10-7-8 . Resolution on bond issue -- Election as provided by Local Government
650
Bonding Act.
651
(1) When the board of commissioners, city council or the town board of trustees of any
652
city or town shall have decided that incurring such bonded indebtedness is advisable, it
653
shall by resolution specify the purpose for which the indebtedness is to be created and
654
the amount of bonds which it is proposed to issue, and shall provide for submitting the
655
question of the issue of such bonds to the qualified electors of the city or town at the
656
next general election, or at a special election to be called for that purpose by the board of
657
commissioners, city council or board of trustees in such manner and subject to such
658
conditions as is provided in Title 11, Chapter 14, Local Government Bonding Act.[ ]
659
(2) This section does not require an election for the issuance of refunding bonds or other
660
bonds not required by the Constitution to be voted at an election.
661
Section 58. Section 10-7-9 is amended to read:
662
10-7-9 . Sale of bonds -- Amount -- Tax levy to pay interest -- Utility rates --
663
Sinking fund -- Serial or term bonds.
664
(1) The board of commissioners, city council or board of trustees as the case may be
665
shall provide by ordinance for the issuance and disposal of such bonds; provided, that no
666
such bonds shall be sold for less than their face value.[ ]
667
(2) The board of commissioners, city council or board of trustees shall annually levy on all
668
taxable property within the boundaries of the issuer a sufficient tax to pay the interest on
669
such indebtedness as it falls due, and also to constitute a sinking fund for the payment of
670
the principal thereof within the time for which such bonds are issued which levy shall be
671
made without regard to any statutory limitation on the taxing power of such issuer which
672
may now exist or, unless an express contrary provision appears in the statute, which may
673
hereafter be enacted by the legislature; provided, that whenever bonds shall have been
- 20 - Enrolled Copy S.B. 263
674
issued for the purpose of supplying any city or town with artificial light, water or other
675
public utility the rates or charges for the service of the system or plant so constructed
676
may be made sufficient to meet such payments, in addition to operating and maintenance
677
expenses, and taxes shall be levied to meet any deficiencies.[ ]
678
(3) Water or sewer bonds may be issued for a period not exceeding 40 years; other bonds
679
may be issued for a period not exceeding 20 years.[ ]
680
(4) Such bonds may be either serial or term bonds.
681
Section 59. Section 10-7-14.1 is amended to read:
682
10-7-14.1 . Declaration of public policy.
683
(1) Whereas, the purification of drinking water and the treatment of raw sewage are
684
important to public health and welfare and create an unusual need for money with which
685
to create proper facilities for the protection of the people of the state of Utah, it is hereby
686
declared to be the public policy of this state to grant the privilege to municipalities to
687
raise funds to improve the aforementioned health standards, to encourage the
688
municipalities to provide that no waste shall be discharged into any waters of the state of
689
Utah without first being given proper treatment, to provide for the treatment of water to
690
be used for drinking purposes to protect the health of the citizens and to give
691
municipalities the discretion to determine the priority of development of the facilities
692
directed toward the elimination of health hazards and pollution of public waters.[ ]
693
(2) The construction of the facilities herein mentioned shall be given an early priority in
694
those areas where the present welfare of the people is endangered by the lack of such
695
facilities.
696
Section 60. Section 10-7-26 is amended to read:
697
10-7-26 . Streets and alleys used by railway companies.
698
(1) As used in this section and in Sections 10-7-27, 10-7-29, 10-7-30, 10-7-31, 10-7-32, and
699
10-7-33, the terms "railway company" or "street railway company" means any company
700
which owns or operates railway tracks on, along or across a street or alley in any city or
701
town.
702
(2)(a) Nothing contained in this section or in the sections referred to in Subsection (1)
703
shall be construed to exempt any railway company from keeping every portion of
704
every street and alley used by it and upon or across which tracks shall be constructed
705
at or near the grade of such streets in good and safe condition for public travel, but it
706
shall keep the same planked, paved, macadamized or otherwise in such condition for
707
public travel as the governing body of the city or town may from time to time direct,
- 21 - S.B. 263 Enrolled Copy
708
keeping the plank, pavement or other surface of the street or alley level with the top
709
of the rails of the track.[ ]
710
(b) The portions of the streets or alleys to be so kept and maintained by all such railway
711
companies shall include all the space between their different rails and tracks and also
712
a space outside of the outer rail of each outside track of at least two feet in width, and
713
the tracks herein referred to shall include not only the main tracks but also all
714
sidetracks, crossings and turnouts constructed for the use of such railways.
715
Section 61. Section 10-7-27 is amended to read:
716
10-7-27 . Street railway companies to restore streets.
717
(1) Every street railway company shall at its own expense restore the pavement,
718
including the foundation thereof, of every street disturbed by it in the construction,
719
reconstruction, removal or repair of its tracks, to the same condition as before the
720
disturbance thereof, to the satisfaction of the governing body having charge of such
721
street.[ ]
722
(2) The obligation imposed hereby shall, in cities other than cities of the first class, be in
723
lieu and substitution of any and all other obligations of any such company to pave,
724
repave or repair any street, or to pay any part of the cost thereof, and may be enforced in
725
the same manner as similar obligations are or may be enforced under the laws of this
726
state.[ ]
727
(3) Nothing herein contained shall be considered to relieve any such company from the
728
repayment of any money which has heretofore been advanced or expended by any city
729
for any paving heretofore done under or by virtue of a specific contract or agreement
730
made and entered into between the board of commissioners or the city council of any
731
city and such company providing for the repayment thereof, but the obligation for such
732
repayment shall be and remain enforceable as if this section had not been passed.
733
Section 62. Section 10-7-29 is amended to read:
734
10-7-29 . Railway companies to repave streets.
735
(1) All railway companies shall be required to pave or repave at their own cost all the
736
space between their different rails and tracks and also a space two feet wide outside of
737
the outer rails of the outside tracks in any city or town, including all sidetracks,
738
crossings and turnouts used by such companies.[ ]
739
(2) Where two or more companies occupy the same street or alley with separate tracks each
740
company shall be responsible for its proportion of the surface of the street or alley
741
occupied by all the parallel tracks as herein required.[ ]
- 22 - Enrolled Copy S.B. 263
742
(3) Such paving or repaving by such railway companies shall be done at the same time and
743
shall be of the same material and character as the paving or repaving of the streets or
744
alleys upon which the track or tracks are located, unless other material is specially
745
ordered by the municipality.[ ]
746
(4) Such railway companies shall be required to keep that portion of the street which they
747
are herein required to pave or repave in good and proper repair, using for that purpose
748
the same material as the street upon which the track or tracks are laid at the point of
749
repair or such other material as the governing body of the city may require and order;
750
and as streets are hereafter paved or repaved street railway companies shall be required
751
to lay in the best approved manner a rail to be approved by the governing body of the
752
city.[ ]
753
(5) The tracks of all railway companies when located upon the streets or avenues of a city
754
or town shall be kept in repair and safe in all respects for the use of the traveling public,
755
and such companies shall be liable for all damages resulting by reason of neglect to keep
756
such tracks in repair, or for obstructing the streets.[ ]
757
(6) For injuries to persons or property arising from the failure of any such company to keep
758
its tracks in proper repair and free from obstructions such company shall be liable and
759
the city or town shall be exempt from liability.[ ]
760
(7) The word "railway companies" as used in this section shall be taken to mean and
761
include any persons, companies, corporations or associations owning or operating any
762
street or other railway in any city or town.
763
Section 63. Section 10-7-33 is amended to read:
764
10-7-33 . Delinquent taxes -- Installment payments -- Election and waiver.
765
(1) It shall be competent for the governing body, upon the written application of any
766
company owning any such railway, to provide that such special taxes shall become
767
delinquent and be payable in installments as in case of taxes levied upon abutting real
768
estate as herein provided, but such application shall be taken and deemed a waiver of
769
any and all objections to such taxes and the validity thereof.[ ]
770
(2) Such application shall be made at or before the final levy of such taxes.
771
Section 64. Section 10-7-65 is amended to read:
772
10-7-65 . Party plaintiff -- Successive actions permitted.
773
(1) All actions brought to recover any fine or to enforce any penalty under an
774
ordinance of a city or town shall be brought in the corporate name of the city or town as
775
plaintiff.[ ]
- 23 - S.B. 263 Enrolled Copy
776
(2) No prosecution, recovery, or acquittal for the violation of any such ordinance shall
777
constitute a defense to any other prosecution of the same person for any other violation
778
of any such ordinance although the different causes of action existed at the same time
779
and if united would not have exceeded the jurisdiction of a justice court judge.
780
Section 65. Section 10-7-67 is amended to read:
781
10-7-67 . Pleading -- Reference to ordinance -- Judgment enforced by
782
imprisonment.
783
(1) In all actions for the violation of any ordinance it shall be sufficient if the
784
complaint refers to the title and section of the ordinance under which such action is
785
brought.[ ]
786
(2) Any person upon whom any fine or penalty shall be imposed may upon the order of the
787
court before whom the conviction is had be committed to the county jail or the city
788
prison or to such other place as may be provided for the incarceration of offenders until
789
such fine, penalty and costs shall be fully paid.
790
Section 66. Section 10-7-72 is amended to read:
791
10-7-72 . Appearance by agent of corporation -- Bench warrant for default.
792
(1) At the time appointed in the summons, the corporation shall appear by agent or
793
attorney and plead thereto the same as a natural person.[ ]
794
(2) In case no appearance is made on or before the hour appointed, the court may issue a
795
bench warrant for the person served as the officer or agent of the corporation, requiring
796
him to be brought forthwith before the court to plead on its behalf.
797
Section 67. Section 10-7-80 is amended to read:
798
10-7-80 . Development committee -- Appointment of members -- Terms,
799
compensation and expenses, vacancies and removal of members.
800
(1) The board of city commissioners or council of any city within the state is hereby
801
authorized and empowered to appoint by resolution an unpaid commission of three or
802
more members, to be known as the city resource development committee.[ ]
803
(2) One or more members of the board of city commissioners or council shall be designated
804
by the board of city commissioners or council as members of such committee.[ ]
805
(3) Each of the other members of the committee shall be a resident of the city.[ ]
806
(4) The term of appointed members of the committee shall be two years and until their
807
respective successors have been appointed.[ ]
808
(5) The members of the committee shall serve as such without compensation, except that
809
the board of city commissioners or council may provide for reimbursement of the
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810
members of the committee for actual expenses incurred, upon presentation of proper
811
receipts and vouchers.[ ]
812
(6) The board of city commissioners or council shall provide for the filling of vacancies in
813
the membership of the committee and for the removal of a member for nonperformance
814
of duty or misconduct.
815
Section 68. Section 10-7-84 is amended to read:
816
10-7-84 . Expenditure of city funds authorized.
817
The board of city commissioners or council may expend city funds as are deemed
818
advisable to carry out the purposes of this [act] part.
819
Section 69. Section 10-8-92 is amended to read:
820
10-8-92 . Joint board -- Membership -- Powers.
821
When two or more political subdivisions of the state of Utah join together under this [act]
822
part for the purposes set forth herein, there shall be set up by the political subdivisions so
823
joining, a joint board whose membership shall have equal representation from each of the
824
political subdivisions joining, and which said board shall be empowered with the
825
administration, operation, construction and maintenance of said joint hospital.
826
Section 70. Section 10-8-93 is amended to read:
827
10-8-93 . Control of funds and disbursements -- Auditing of accounts by county
828
auditor -- Transfer of county tax funds to board to cover deficiencies.
829
(1) The joint board created pursuant to this [act] part shall have the custody and control
830
of all funds collected in the joint operation of such hospital and the disbursement
831
thereof; provided that the county auditor of any county participating under the
832
provisions of this [act] part shall audit the accounts of said board quarterly or at more
833
frequent intervals, if public interest, in the judgment of such auditor requires a more
834
frequent audit.[ ]
835
(2) The county executive of any county participating in the operation and maintenance of
836
hospitals pursuant to this [act] part may pay over to the joint board of such hospitals any
837
funds yielded by a levy made pursuant to Section 17-53-221 that may be required to
838
cover any deficiencies incurred in the operation and maintenance of such hospital.
839
Section 71. Section 10-9a-514 is amended to read:
840
10-9a-514 . Manufactured homes.
841
(1)(a) For purposes of this section, a manufactured home is the same as defined in
842
Section 15A-1-302, except that the manufactured home shall be attached to a
843
permanent foundation in accordance with plans providing for vertical loads, uplift,
- 25 - S.B. 263 Enrolled Copy
844
and lateral forces and frost protection in compliance with the applicable building
845
code.[ ]
846
(b) All appendages, including carports, garages, storage buildings, additions, or
847
alterations shall be built in compliance with the applicable building code.
848
(2) A manufactured home may not be excluded from any land use zone or area in which a
849
single-family residence would be permitted, provided the manufactured home complies
850
with all local land use ordinances, building codes, and any restrictive covenants,
851
applicable to a single family residence within that zone or area.
852
(3) A municipality may not:
853
(a) adopt or enforce an ordinance or regulation that treats a proposed development that
854
includes manufactured homes differently than one that does not include
855
manufactured homes; or
856
(b) reject a development plan based on the fact that the development is expected to
857
contain manufactured homes.
858
Section 72. Section 10-15-2 is amended to read:
859
10-15-2 . Legislative findings and purposes.
860
(1) The Legislature hereby finds and declares that in certain areas in municipalities
861
within the state, and particularly in retail shopping areas thereof, there is need to
862
separate pedestrian travel from vehicular travel and that such separation is necessary to
863
protect the public safety or otherwise to serve the public interest and convenience.[ ]
864
(2) The Legislature further finds and declares that such objectives can, in part, be
865
accomplished by the establishment of pedestrian malls pursuant to this [act] chapter.
866
Section 73. Section 10-15-3 is amended to read:
867
10-15-3 . Definitions.
868
As used in this chapter:
869
(1)(a)(i) "Intersection street" means any street which meets or crosses a pedestrian
870
mall at a mall intersection but includes only those portions thereof on either side
871
of the mall intersection which lie between the mall intersection and the first
872
intersection of the intersecting street with a public street or highway open to
873
vehicular traffic.[ ]
874
(ii) If any portion of a pedestrian mall terminates on a street at a place thereon other
875
than at a place of intersection with a public street or highway open to vehicular
876
traffic, such intersecting street shall also include that portion of any street which
877
lies between such place of termination and the first intersection of such street with
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878
the public street or highway open to vehicular traffic.
879
(b) "Intersecting street" also includes any other street or portion of a street which the
880
legislative body declares to be such by resolution.
881
(2) "Legislative body" means the legislative body of the municipality.
882
(3) "Mall intersection" means any intersection of a street constituting a part of a pedestrian
883
mall with any street which intersection is itself part of a pedestrian mall.
884
(4) "Municipality" includes every city or town within this state.
885
(5) "Pedestrian mall" means one or more streets or portions thereof, on which vehicular
886
traffic is, or is to be, restricted in whole or in part and which is, or is to be, used
887
exclusively or primarily for pedestrian travel.
888
(6) "Street" means any public road, street, highway, alley, lane, court, way, or place of any
889
nature open to the use of the public, excluding state highways.
890
Section 74. Section 10-15-4 is amended to read:
891
10-15-4 . Powers of legislative body of municipality.
892
The legislative body of the municipalities of this state shall have the power:
893
(1) to establish pedestrian malls;
894
(2) to prohibit, in whole or in part, vehicular traffic on a pedestrian mall;
895
(3) to pay from the general funds of the municipality, or from other available money, or
896
from the proceeds of assessments levied on land benefited by the establishment of a
897
pedestrian mall, the damages, if any, allowed or awarded to any property owner by
898
reason of the establishment of the pedestrian mall;
899
(4) to acquire, construct, and maintain on the municipality's streets which are established as
900
a pedestrian mall, improvements of any kind or nature necessary or convenient to the
901
operation of such streets as a pedestrian mall, including paving, sidewalks, curbs,
902
gutters, sewers, drainage works, lighting facilities, fire protection facilities, flood
903
protection facilities, water distribution facilities, vehicular parking areas, retaining walls,
904
landscaping, tree planting, statuaries, fountains, decorative structures, benches, rest
905
rooms, child care facilities, display facilities, information booths, public assembly
906
facilities, and other structures, works or improvements necessary or convenient to serve
907
members of the public using such pedestrian malls, including the reconstruction or
908
relocation of existing municipally owned works, improvements, or facilities on such
909
municipal streets; which foregoing changes or any portions thereof, are referred to in
910
this [act] chapter as "improvements";
911
(5) to pay from the general funds of the municipality or other available money, or from the
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912
proceeds of assessments levied on property benefited by any such improvements, or
913
from the proceeds of special improvement warrants or bonds, the whole or any portion
914
of the costs of acquisition, construction, and maintenance of such improvements in
915
accordance with the provisions of Title 11, Chapter 42, Assessment Area Act, relating to
916
special improvement assessments; and
917
(6) to do any and all other acts or things necessary or convenient for the accomplishment of
918
the purposes of this chapter.
919
Section 75. Section 10-15-5 is amended to read:
920
10-15-5 . Powers of acquisition and improvement.
921
(1) The legislative body of the municipalities shall also have the power to acquire by
922
gift, purchase, eminent domain, or otherwise, land, real property or rights of way which
923
shall become part of the municipal street established as a pedestrian mall, or which shall
924
otherwise be used by the municipality as a part of, or for purposes connected with, a
925
pedestrian mall, and such lands, real property or rights of way may be improved in the
926
same manner as municipal streets may be improved.[ ]
927
(2) The legislative body shall also have the power to make such improvements on mall
928
intersections and intersecting streets or upon facilities acquired for parking and other
929
related purposes where such improvements are necessary or convenient to the operation
930
of the mall.[ ]
931
(3) The acquisitions and improvements authorized by this section shall be deemed
932
"improvements."
933
Section 76. Section 10-15-6 is amended to read:
934
10-15-6 . Public hearing -- Finance requirements.
935
(1) The designation of any street as a "mall" shall be by ordinance passed and
936
published after full investigation and ample public hearing into the necessity and
937
advisability of the creation of a mall.[ ]
938
(2) The ordinance shall designate the manner in which the project is to be financed, and, if
939
financed by levy of special taxes or special improvement warrants or bonds, shall be in
940
accordance with the provisions of Title 11, Chapter 42, Assessment Area Act.
941
Section 77. Repealer.
942
This bill repeals:
943
Section 10-1-101, Short title.
944
Section 10-1-102, Effective date.
945
Section 10-1-110, Continuation of prior law.
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946
Section 10-1-112, Headings do not limit sections.
947
Section 10-1-114, Repealer.
948
Section 10-1-115, Legislation enacted by Legislature.
949
Section 10-15-1, Short title.
950
Section 78. Effective Date.
951
This bill takes effect on May 7, 2025.
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