Utah 2025 Regular Session

Utah Senate Bill SB0263 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Enrolled Copy~~ S.B. 263
	1	+	02-12 12:09 S.B. 263
2	2		1
3	3		Revisor's Corrections to Utah Code - Title 10
4	4		2025 GENERAL SESSION
5	5		STATE OF UTAH
6	6		Chief Sponsor: Kirk A. Cullimore
7	7		House Sponsor: Jefferson Moss
8	8		2
9	9
10	10		3
11	11		LONG TITLE
12	12		4
13	13		General Description:
14	14		5
15	15		This bill makes code revisions in Title 10, Utah Municipal Code.
16	16		6
17	17		Highlighted Provisions:
18	18		7
19	19		This bill:
20	20		8
21	21		▸ replaces the term "this act" in Title 10, Utah Municipal Code, with a citation to the
22	22		9
23	23		relevant title, chapter, or legislation;
24	24		10
25	25		▸ replaces certain effective date language with the effective date of the referenced
26	26		11
27	27		legislation;
28	28		12
29	29		▸ establishes subsection structuring within code sections without structure;
30	30		13
31	31		▸ repeals obsolete language; and
32	32		14
33	33		▸ makes technical and conforming changes.
34	34		15
35	35		Money Appropriated in this Bill:
36	36		16
37	37		None
38	38		17
39	39		Other Special Clauses:
40	40		18
41	41		None
42	42		19
43	43		Utah Code Sections Affected:
44	44		20
45	45		AMENDS:
46	46		21
47	47		10-1-103, as enacted by Laws of Utah 1977, Chapter 48
48	48		22
49	49		10-1-105, as last amended by Laws of Utah 2010, Chapter 378
50	50		23
51	51		10-1-106, as enacted by Laws of Utah 1977, Chapter 48
52	52		24
53	53		10-1-107, as enacted by Laws of Utah 1977, Chapter 48
54	54		25
55	55		10-1-108, as last amended by Laws of Utah 2010, Chapter 378
56	56		26
57	57		10-1-109, as last amended by Laws of Utah 2010, Chapter 378
58	58		27
59		-	10-1-111, as enacted by Laws of Utah 1977, Chapter 48 ~~S.B. 263 Enrolled Copy~~
	59	+	10-1-111, as enacted by Laws of Utah 1977, Chapter 48
60	60		28
61	61		10-1-113, as last amended by Laws of Utah 2010, Chapter 378
62	62		29
63	63		10-2-603, as last amended by Laws of Utah 1987, Chapter 92
64	64		30
65	65		10-2-605, as enacted by Laws of Utah 1977, Chapter 48
	66	+	S.B. 263 S.B. 263 02-12 12:09
66	67		31
67	68		10-2-606, as last amended by Laws of Utah 1993, Chapter 227
68	69		32
69	70		10-2-612, as enacted by Laws of Utah 1977, Chapter 48
70	71		33
71	72		10-2-613, as enacted by Laws of Utah 1977, Chapter 48
72	73		34
73	74		10-2-614, as last amended by Laws of Utah 2010, Chapter 378
74	75		35
75	76		10-2-705, as last amended by Laws of Utah 2009, Chapter 350
76	77		36
77	78		10-2-706, as last amended by Laws of Utah 1993, Chapter 227
78	79		37
79	80		10-2-707, as last amended by Laws of Utah 1990, Chapter 59
80	81		38
81	82		10-3-603, as enacted by Laws of Utah 1977, Chapter 48
82	83		39
83	84		10-3-604, as last amended by Laws of Utah 1981, Chapter 49
84	85		40
85	86		10-3-608, as last amended by Laws of Utah 2010, Chapter 378
86	87		41
87	88		10-3-610, as enacted by Laws of Utah 1977, Chapter 48
88	89		42
89	90		10-3-702, as last amended by Laws of Utah 2010, Chapter 378
90	91		43
91	92		10-3-705, as last amended by Laws of Utah 1979, Chapter 38
92	93		44
93	94		10-3-706, as enacted by Laws of Utah 1977, Chapter 48
94	95		45
95	96		10-3-709, as enacted by Laws of Utah 1977, Chapter 48
96	97		46
97	98		10-3-710, as enacted by Laws of Utah 1977, Chapter 48
98	99		47
99	100		10-3-713, as enacted by Laws of Utah 1977, Chapter 48
100	101		48
101	102		10-3-716, as last amended by Laws of Utah 2006, Chapter 55
102	103		49
103	104		10-3-828, as last amended by Laws of Utah 1990, Chapter 59
104	105		50
105	106		10-3-903, as enacted by Laws of Utah 1977, Chapter 48
106	107		51
107	108		10-3-904, as enacted by Laws of Utah 1977, Chapter 48
108	109		52
109	110		10-3-917, as last amended by Laws of Utah 2003, Chapter 292
110	111		53
111	112		10-3-1004, as last amended by Laws of Utah 2010, Chapter 378
112	113		54
113	114		10-3-1005, as enacted by Laws of Utah 1977, Chapter 48
114	115		55
115	116		10-3-1006, as enacted by Laws of Utah 1977, Chapter 48
116	117		56
117	118		10-3-1007, as enacted by Laws of Utah 1977, Chapter 48
118	119		57
119	120		10-3-1008, as enacted by Laws of Utah 1977, Chapter 48
120	121		58
121	122		10-3-1010, as last amended by Laws of Utah 1983, Chapter 29
122	123		59
123	124		10-3-1012.5, as last amended by Laws of Utah 2010, Chapter 378
124	125		60
125	126		10-3-1104, as enacted by Laws of Utah 1977, Chapter 48
126	127		61
127	128		10-3-1107, as last amended by Laws of Utah 1993, Chapter 4
128		-	- 2 - Enrolled Copy S.B. 263
129	129		62
130	130		10-5-127, as enacted by Laws of Utah 1983, Chapter 34
131	131		63
132	132		10-5-128, as enacted by Laws of Utah 1983, Chapter 34
133	133		64
134	134		10-6-102, as enacted by Laws of Utah 1979, Chapter 26
	135	+	- 2 - 02-12 12:09 S.B. 263
135	136		65
136	137		10-6-107, as last amended by Laws of Utah 1981, Chapter 52
137	138		66
138	139		10-6-114, as enacted by Laws of Utah 1979, Chapter 26
139	140		67
140	141		10-6-115, as enacted by Laws of Utah 1979, Chapter 26
141	142		68
142	143		10-6-119, as last amended by Laws of Utah 1999, Chapter 300
143	144		69
144	145		10-6-123, as last amended by Laws of Utah 2010, Chapter 378
145	146		70
146	147		10-6-126, as enacted by Laws of Utah 1979, Chapter 26
147	148		71
148	149		10-6-128, as last amended by Laws of Utah 1999, Chapter 300
149	150		72
150	151		10-6-136, as enacted by Laws of Utah 1979, Chapter 26
151	152		73
152	153		10-6-143, as enacted by Laws of Utah 1979, Chapter 26
153	154		74
154	155		10-6-144, as enacted by Laws of Utah 1979, Chapter 26
155	156		75
156	157		10-6-145, as enacted by Laws of Utah 1979, Chapter 26
157	158		76
158	159		10-6-146, as enacted by Laws of Utah 1979, Chapter 26
159	160		77
160	161		10-7-8, as last amended by Laws of Utah 2005, Chapter 105
161	162		78
162	163		10-7-9, as last amended by Laws of Utah 1953, First Special Session, Chapters 2, 2
163	164		79
164	165		10-7-14.1, as last amended by Laws of Utah 1953, First Special Session, Chapters 3, 3
165	166		80
166	167		10-7-26, as last amended by Laws of Utah 1969, Chapter 27
167	168		81
168	169		10-7-27, Utah Code Annotated 1953
169	170		82
170	171		10-7-29, Utah Code Annotated 1953
171	172		83
172	173		10-7-33, Utah Code Annotated 1953
173	174		84
174	175		10-7-65, as last amended by Laws of Utah 1990, Chapter 59
175	176		85
176	177		10-7-67, Utah Code Annotated 1953
177	178		86
178	179		10-7-72, as last amended by Laws of Utah 2010, Chapter 378
179	180		87
180	181		10-7-80, as enacted by Laws of Utah 1965, Chapter 16
181	182		88
182	183		10-7-84, as enacted by Laws of Utah 1965, Chapter 16
183	184		89
184	185		10-8-92, Utah Code Annotated 1953
185	186		90
186	187		10-8-93, as last amended by Laws of Utah 2000, Chapter 133
187	188		91
188	189		10-9a-514, as last amended by Laws of Utah 2011, Chapter 14
189	190		92
190	191		10-15-2, as enacted by Laws of Utah 1966, Second Special Session, Chapters 2, 2
191	192		93
192	193		10-15-3, as last amended by Laws of Utah 1997, Chapter 10
193	194		94
194	195		10-15-4, as last amended by Laws of Utah 2010, Chapter 378
195	196		95
196	197		10-15-5, as enacted by Laws of Utah 1966, Second Special Session, Chapters 2, 2
197		-	- 3 - S.B. 263 Enrolled Copy
198	198		96
199	199		10-15-6, as last amended by Laws of Utah 2008, Chapter 360
200	200		97
201	201		REPEALS:
202	202		98
203	203		10-1-101, as enacted by Laws of Utah 1977, Chapter 48
	204	+	- 3 - S.B. 263 02-12 12:09
204	205		99
205	206		10-1-102, as enacted by Laws of Utah 1977, Chapter 48
206	207		100
207	208		10-1-110, as last amended by Laws of Utah 1993, Chapter 4
208	209		101
209	210		10-1-112, as last amended by Laws of Utah 2010, Chapter 378
210	211		102
211	212		10-1-114, as last amended by Laws of Utah 2016, Chapter 348
212	213		103
213	214		10-1-115, as enacted by Laws of Utah 1977, Chapter 48
214	215		104
215	216		10-15-1, as enacted by Laws of Utah 1966, Second Special Session, Chapters 2, 2
216	217		105
217	218
218	219		106
219	220		Be it enacted by the Legislature of the state of Utah:
220	221		107
221	222		Section 1. Section 10-1-103 is amended to read:
222	223		108
223	224		10-1-103 . Construction.
224	225		109
225	226		The powers herein delegated to any municipality shall be liberally construed to permit
226	227		110
227	228		the municipality to exercise the powers granted by this [act] title except in cases clearly
228	229		111
229	230		contrary to the intent of the law.
230	231		112
231	232		Section 2. Section 10-1-105 is amended to read:
232	233		113
233	234		10-1-105 . No changes intended.
234	235		114
235	236		(1) Unless otherwise specifically provided in this [act] title, the provisions of this [act]
236	237		115
237	238		title may not operate in any way to affect the property or contract rights or other actions
238	239		116
239	240		which may exist in favor of or against any municipality.[ ]
240	241		117
241	242		(2) Nor shall this [act] title operate in any way to change or affect any ordinance, order or
242	243		118
243	244		resolution in force in any municipality and such ordinances, orders and resolutions
244	245		119
245	246		which are not repugnant to law, shall continue in full force and effect until repealed or
246	247		120
247	248		amended.
248	249		121
249	250		Section 3. Section 10-1-106 is amended to read:
250	251		122
251	252		10-1-106 . Scope of title.
252	253		123
253	254		This [act] title shall apply to all municipalities incorporated or existing under the law of
254	255		124
255	256		the State of Utah except as otherwise specifically excepted by the home rule provisions of
256	257		125
257	258		Article XI, Section 5 of the Constitution of the State of Utah.
258	259		126
259	260		Section 4. Section 10-1-107 is amended to read:
260	261		127
261	262		10-1-107 . Municipalities.
262	263		128
263	264		All municipalities which have been incorporated under any previous act of the United
264	265		129
265	266		States or of the State of Utah shall be treated as properly incorporated under [this act] Laws of
266		-	- 4 - Enrolled Copy S.B. 263
267	267		130
268	268		Utah 1977, Chapter 48.
269	269		131
270	270		Section 5. Section 10-1-108 is amended to read:
271	271		132
272	272		10-1-108 . Cumulative powers -- Powers not in derogation of state agencies.
	273	+	- 4 - 02-12 12:09 S.B. 263
273	274		133
274	275		(1) The provisions of this [act or any other act not expressly repealed by Section
275	276		134
276	277		10-1-114] title or any other act not expressly repealed by Laws of Utah 1977, Chapter 48,
277	278		135
278	279		Section 1, shall be considered as an alternative or additional power and not as a
279	280		136
280	281		limitation on any other power granted to or possessed by municipalities.[ ]
281	282		137
282	283		(2) The provisions of this [act] title may not be considered as impairing, altering, modifying
283	284		138
284	285		or repealing any of the jurisdiction or powers possessed by any department, division,
285	286		139
286	287		commission, board, or office of state government.
287	288		140
288	289		Section 6. Section 10-1-109 is amended to read:
289	290		141
290	291		10-1-109 . Saving clause.
291	292		142
292	293		(1) The repeal of the titles, chapters, and sections specified in [Section 10-1-114] Laws
293	294		143
294	295		of Utah 1977, Chapter 48, Section 1, do not:
295	296		144
296	297		[(1)] (a) affect suits pending or rights existing immediately [prior to the effective date of
297	298		145
298	299		this act] before July 1, 1977;
299	300		146
300	301		[(2)] (b) impair, avoid, or affect any grant or conveyance made or right acquired or cause
301	302		147
302	303		of action now existing under any repealed act or amendment thereto; or
303	304		148
304	305		[(3)] (c) affect or impair the validity of any bonds or other obligation issued or sold prior
305	306		149
306	307		to [the effective date of this act.] July 1, 1977.
307	308		150
308	309		(2) The repeal of any validating act or part thereof does not avoid the effect of the
309	310		151
310	311		validation.[ ]
311	312		152
312	313		(3) No act repealed by [Section 10-1-114] Laws of Utah 1977, Chapter 48, Section 1, shall
313	314		153
314	315		repeal any act or part thereof which embraces the same or similar subject matter as the
315	316		154
316	317		act repealed.
317	318		155
318	319		Section 7. Section 10-1-111 is amended to read:
319	320		156
320	321		10-1-111 . Existing indebtedness.
321	322		157
322	323		Any bond or other evidence of indebtedness issued under the provisions of any act
323	324		158
324	325		repealed by [this act] Laws of Utah 1977, Chapter 48, which is outstanding and unpaid as of
325	326		159
326	327		July 1, 1977, shall be amortized and retired by taxation or revenue in the manner provided by
327	328		160
328	329		the act under which such indebtedness was incurred, notwithstanding repeal or change of the
329	330		161
330	331		act.
331	332		162
332	333		Section 8. Section 10-1-113 is amended to read:
333	334		163
334	335		10-1-113 . Severability clause.
335		-	- 5 - S.B. 263 Enrolled Copy
336	336		164
337	337		If any chapter, part, section, paragraph or subsection of this [act] title, or the application
338	338		165
339	339		thereof is held to be invalid, the remainder of this [act] title is not affected thereby.
340	340		166
341	341		Section 9. Section 10-2-603 is amended to read:
	342	+	- 5 - S.B. 263 02-12 12:09
342	343		167
343	344		10-2-603 . Plan of consolidation.
344	345		168
345	346		(1) The resolution for consolidation shall have attached a plan approved by the
346	347		169
347	348		governing bodies, properly executed by the mayors and attested by the recorders setting
348	349		170
349	350		forth the nature of the obligations, assets, and liabilities of the municipalities to be
350	351		171
351	352		included within the proposed consolidated municipality.[ ]
352	353		172
353	354		(2) The plan shall include a list of every public utility or property on which any debt is
354	355		173
355	356		owed or due, all or any part of which is payable from the revenues of the utility or
356	357		174
357	358		property, or from taxes which have been levied and which are outstanding at the time the
358	359		175
359	360		proposed consolidation is to become effective.[ ]
360	361		176
361	362		(3) The plan shall also specify the rights, duties, and obligations of the proposed
362	363		177
363	364		consolidated municipality.
364	365		178
365	366		Section 10. Section 10-2-605 is amended to read:
366	367		179
367	368		10-2-605 . Effect of plan of consolidation.
368	369		180
369	370		(1) The plan of consolidation shall be subordinate in all respects to the contract rights
370	371		181
371	372		of all holders of any securities or obligations of the municipality outstanding at the
372	373		182
373	374		effective date of the consolidation.[ ]
374	375		183
375	376		(2) The plan shall be available to the public for inspection and copying.[ ]
376	377		184
377	378		(3) The plan may extend for a period of up to 20 years, except that those provisions
378	379		185
379	380		necessary for the protection of the holders of any securities or other obligations of any
380	381		186
381	382		municipalities being consolidated shall extend for such longer time as may be necessary
382	383		187
383	384		to ensure the payment of the securities and obligations.[ ]
384	385		188
385	386		(4) Any person may enforce the provisions and terms of the plan during the period in which
386	387		189
387	388		the plan is effective.[ ]
388	389		190
389	390		(5) After the expiration of the period of the plan, the rights, duties and obligations stated in
390	391		191
391	392		the plan shall be governed by the laws of the State of Utah and not by the plan.[ ]
392	393		192
393	394		(6) The plan shall be effective only if the consolidation is approved by the voters of the
394	395		193
395	396		respective municipalities to be consolidated.
396	397		194
397	398		Section 11. Section 10-2-606 is amended to read:
398	399		195
399	400		10-2-606 . Public hearings.
400	401		196
401	402		(1) The governing body of each municipality in its plan for consolidation shall set a
402	403		197
403	404		time and place for a public hearing or public hearings which shall be held at least 10
404		-	- 6 - Enrolled Copy S.B. 263
405	405		198
406	406		days after the plan of consolidation and the dates of the public hearing have been
407	407		199
408	408		submitted to the county legislative bodies.[ ]
409	409		200
410	410		(2) The public hearing may be held jointly or separately by the governing bodies of each
	411	+	- 6 - 02-12 12:09 S.B. 263
411	412		201
412	413		municipality to be consolidated.[ ]
413	414		202
414	415		(3) Any interested person may be heard on any aspect of the proposed consolidation.[ ]
415	416		203
416	417		(4) One or more certified copies of the plan of consolidation shall be available in the
417	418		204
418	419		recorder's office of each municipality at least five days prior to the hearing.
419	420		205
420	421		Section 12. Section 10-2-612 is amended to read:
421	422		206
422	423		10-2-612 . New municipality -- Ownership of property -- Indebtedness of original
423	424		207
424	425		municipalities.
425	426		208
426	427		(1) Any consolidated municipality shall be deemed to be a continuation of the merged
427	428		209
428	429		municipalities, except as herein expressly provided, and shall own all of the assets,
429	430		210
430	431		property, records, seals, equipment, and be responsible for the liabilities of each and all
431	432		211
432	433		of the municipalities dissolved by the consolidation.[ ]
433	434		212
434	435		(2) The new municipality shall require the inhabitants of an original municipality included
435	436		213
436	437		in the consolidation, by special tax levy, to satisfy any indebtedness incurred by the
437	438		214
438	439		original municipalities provided inhabitants residing in other parts of the consolidated
439	440		215
440	441		municipality did not or do not benefit by the revenue or services obtained by the
441	442		216
442	443		expenditures causing the indebtedness.[ ]
443	444		217
444	445		(3) The governing body of the consolidated municipality shall be subject to the terms of the
445	446		218
446	447		consolidation plan.
447	448		219
448	449		Section 13. Section 10-2-613 is amended to read:
449	450		220
450	451		10-2-613 . Governing body until next election.
451	452		221
452	453		(1) Until the next regular municipal election, the elected officials of the municipalities
453	454		222
454	455		consolidated into the consolidated municipality shall constitute the governing body of
455	456		223
456	457		the municipality.[ ]
457	458		224
458	459		(2) The governing body shall elect one of their members to serve as mayor of the
459	460		225
460	461		municipality and may appoint such other officers as deemed necessary to carry out the
461	462		226
462	463		business of the municipality.
463	464		227
464	465		Section 14. Section 10-2-614 is amended to read:
465	466		228
466	467		10-2-614 . Ordinances, resolutions, and orders.
467	468		229
468	469		(1) All ordinances, resolutions and orders, in force in any of the municipalities when it
469	470		230
470	471		is consolidated, shall remain in full force and effect within the respective areas of the
471	472		231
472	473		municipalities which existed prior to consolidation insofar as the ordinances, resolutions
473		-	- 7 - S.B. 263 Enrolled Copy
474	474		232
475	475		and orders are not repugnant to law, until repealed or amended, but may not in any case
476	476		233
477	477		exceed three years.[ ]
478	478		234
479	479		(2) The governing body of the new municipality shall as soon as possible adopt new
	480	+	- 7 - S.B. 263 02-12 12:09
480	481		235
481	482		ordinances, resolutions and orders for the uniform governance of the new municipality.
482	483		236
483	484		Section 15. Section 10-2-705 is amended to read:
484	485		237
485	486		10-2-705 . Judgment -- Determination of claims.
486	487		238
487	488		(1) The vote shall be taken and canvassed in the same manner as in other municipal
488	489		239
489	490		elections, and return thereof made to the district court.[ ]
490	491		240
491	492		(2) If the district court finds that a majority of the votes cast favored dissolution, a judgment
492	493		241
493	494		shall be entered approving the dissolution of the municipality and, upon dissolution, the
494	495		242
495	496		corporate powers of such municipality shall cease, and the court shall cause notice to be
496	497		243
497	498		given in a manner to be prescribed by it, requiring all claims against the municipality to
498	499		244
499	500		be filed in the court within a time fixed in the notice, not exceeding six months, and all
500	501		245
501	502		claims not so filed shall be forever barred.[ ]
502	503		246
503	504		(3) At the expiration of the time so fixed the court shall adjudicate claims so filed, which
504	505		247
505	506		shall be treated as denied, and any citizen of the municipality at the time the vote was
506	507		248
507	508		taken may appear and defend against any claim so filed, or the court may in its
508	509		249
509	510		discretion appoint some person for that purpose.
510	511		250
511	512		Section 16. Section 10-2-706 is amended to read:
512	513		251
513	514		10-2-706 . Taxes to meet municipal obligations.
514	515		252
515	516		(1) The court shall have power to wind down the affairs of the municipality, to dispose
516	517		253
517	518		of its property as provided by law, and to make provisions for the payment of all
518	519		254
519	520		indebtedness thereof and for the performance of its contracts and obligations, and shall
520	521		255
521	522		order such taxes levied from time to time as may be requisite therefore, which the
522	523		256
523	524		county legislative body shall levy against the property within the municipality.[ ]
524	525		257
525	526		(2) The taxes shall be collected by the county treasurer in the manner for collecting other
526	527		258
527	528		property taxes and shall be paid out under the orders of the court, and the surplus, if any,
528	529		259
529	530		shall be paid into the school fund for the district in which the taxes were levied.[ ]
530	531		260
531	532		(3) All municipal property remaining after the winding down of the affairs of the
532	533		261
533	534		municipality, shall be transferred to the board of education of such school district, which
534	535		262
535	536		board hereby is empowered to enforce all claims for the same and to have the use of all
536	537		263
537	538		property so vesting.
538	539		264
539	540		Section 17. Section 10-2-707 is amended to read:
540	541		265
541	542		10-2-707 . Disposition of records.
542		-	- 8 - Enrolled Copy S.B. 263
543	543		266
544	544		(1) The books, documents, records, papers, and seal of any dissolved municipality
545	545		267
546	546		shall be deposited with the county clerk for safekeeping and reference.[ ]
547	547		268
548	548		(2) All court records of justice court judges shall be deposited with a justice court judge of
	549	+	- 8 - 02-12 12:09 S.B. 263
549	550		269
550	551		the county to be designated by the court, and other records with the district court.[ ]
551	552		270
552	553		(3) The courts respectively have authority to execute and complete all unfinished business
553	554		271
554	555		standing on the same.
555	556		272
556	557		Section 18. Section 10-3-603 is amended to read:
557	558		273
558	559		10-3-603 . Public records.
559	560		274
560	561		(1) The governing body of each municipality shall keep a journal of its proceedings.[ ]
561	562		275
562	563		(2) The books, records, accounts and documents of each municipality shall be kept at the
563	564		276
564	565		office of the recorder and approved copies shall be open and available to the public
565	566		277
566	567		during regular business hours for examination and copying.[ ]
567	568		278
568	569		(3) The governing body may by resolution establish reasonable charges for providing
569	570		279
570	571		copies of its public records to individuals, except when by law the municipality must
571	572		280
572	573		provide the records without cost to the public.
573	574		281
574	575		Section 19. Section 10-3-604 is amended to read:
575	576		282
576	577		10-3-604 . Annual examination of municipal finances -- Publication of results.
577	578		283
578	579		(1) At the end of each fiscal year, the governing body of each city of the first and
579	580		284
580	581		second class shall cause a full and complete examination of all books and accounts of
581	582		285
582	583		the city to be made by certified public accountants, and shall publish the results of the
583	584		286
584	585		examination and a detailed and itemized statement of all receipts and disbursements of
585	586		287
586	587		the city in a summary of their proceedings and expenses during the fiscal year.[ ]
587	588		288
588	589		(2) The city shall then provide printed copies to the newspapers of the city and to the city
589	590		289
590	591		recorder who shall provide one copy of it to any person on request.
591	592		290
592	593		Section 20. Section 10-3-608 is amended to read:
593	594		291
594	595		10-3-608 . Rules of conduct for the public.
595	596		292
596	597		(1) The governing body on a two-thirds vote may expel any person who is disorderly
597	598		293
598	599		during the meeting of the governing body.[ ]
599	600		294
600	601		(2) This section or any action taken by the governing body pursuant hereto does not
601	602		295
602	603		preclude prosecution under any other provision of law.
603	604		296
604	605		Section 21. Section 10-3-610 is amended to read:
605	606		297
606		-	10-3-610 . Requiring attendance of witnesses-- Production of evidence.
	607	+	10-3-610 . Requiring attendance of witnesses, production of evidence.
607	608		298
608	609		(1) The governing body of each municipality may require the attendance of any person
609	610		299
610	611		to give testimony or produce records, documents or things for inspection, copying or
611		-	- 9 - S.B. 263 Enrolled Copy
612	612		300
613	613		examination necessary or useful for the governance of the municipality.[ ]
614	614		301
615	615		(2) The governing body may by ordinance establish its own procedures for issuing
616	616		302
617	617		subpoenas to require attendance and production under this section or it may issue
	618	+	- 9 - S.B. 263 02-12 12:09
618	619		303
619	620		subpoenas in its own name in the same manner as is provided in the Utah Rules of Civil
620	621		304
621	622		Procedure.
622	623		305
623	624		Section 22. Section 10-3-702 is amended to read:
624	625		306
625	626		10-3-702 . Extent of power exercised by ordinance.
626	627		307
627	628		(1) The governing body may pass any ordinance to regulate, require, prohibit, govern,
628	629		308
629	630		control or supervise any activity, business, conduct or condition authorized by this [act]
630	631		309
631	632		title or any other provision of law.[ ]
632	633		310
633	634		(2) An officer of the municipality may not be convicted of a criminal offense where he
634	635		311
635	636		relied on or enforced an ordinance he reasonably believed to be a valid ordinance.[ ]
636	637		312
637	638		(3) It shall be a defense to any action for punitive damages that the official acted in good
638	639		313
639	640		faith in enforcing an ordinance or that he enforced an ordinance on advice of legal
640	641		314
641	642		counsel.
642	643		315
643	644		Section 23. Section 10-3-705 is amended to read:
644	645		316
645	646		10-3-705 . Requirements as to form -- Effective date.
646	647		317
647	648		(1) Ordinances passed or enacted by the governing body shall be signed by the mayor,
648	649		318
649	650		or if he is absent, by the mayor pro tempore, or by a quorum of the governing body, and
650	651		319
651	652		shall be recorded before taking effect.[ ]
652	653		320
653	654		(2) No ordinance shall be void or unlawful by reason of its failure to conform to the
654	655		321
655	656		provisions of Subsection 10-3-704(1), (2), (3) or (4).[ ]
656	657		322
657	658		(3) Ordinances which do not have an effective date shall become effective 20 days after
658	659		323
659	660		publication or posting, or 30 days after final passage by the governing body, whichever
660	661		324
661	662		is sooner.
662	663		325
663	664		Section 24. Section 10-3-706 is amended to read:
664	665		326
665	666		10-3-706 . Revision of ordinances.
666	667		327
667	668		(1) The governing body by resolution may authorize and direct the mayor to appoint,
668	669		328
669	670		with the advice and consent of the governing body, one or more persons to prepare and
670	671		329
671	672		submit to the governing body a compilation, revision or codification of municipal
672	673		330
673	674		ordinances.[ ]
674	675		331
675	676		(2) The compensation for the service shall be fixed by resolution of the governing body and
676	677		332
677	678		paid out of the municipal treasury.
678	679		333
679	680		Section 25. Section 10-3-709 is amended to read:
680		-	- 10 - Enrolled Copy S.B. 263
681	681		334
682	682		10-3-709 . Repeal of conflicting provisions -- Title.
683	683		335
684	684		(1) Such revision shall be by one ordinance embracing all ordinances of a general and
685	685		336
686	686		permanent character preserved as changed or added to and perfected by the revision,
	687	+	- 10 - 02-12 12:09 S.B. 263
687	688		337
688	689		codification and compilation and shall be a repeal of all ordinances in conflict with the
689	690		338
690	691		revision, codification and compilation, but all ordinances then enforced shall continue in
691	692		339
692	693		force after the revision, codification and compilation for the purpose of all rights
693	694		340
694	695		acquired, fines, penalties and forfeitures and liabilities incurred and actions therefor.[ ]
695	696		341
696	697		(2) The only title necessary for such ordinance shall be "an ordinance revising, codifying
697	698		342
698	699		and compiling the general ordinances of the city or town of ____ (inserting the name of
699	700		343
700	701		the municipality)."
701	702		344
702	703		Section 26. Section 10-3-710 is amended to read:
703	704		345
704		-	10-3-710 . Publication in book, pamphlet, or looseleaf form -- State statutes.
	705	+	10-3-710 . Publication in book, pamphlet or looseleaf form -- State statutes.
705	706		346
706		-	(1~~)(a~~) Ordinances revised, codified, compiled and published in book, pamphlet or
	707	+	(1) Ordinances revised, codified, compiled and published in book, pamphlet or
707	708		347
708	709		looseleaf form by authority of the governing body need not be printed or published in
709	710		348
710	711		any other manner, except that the ordinance adopting the revision, codification or
711	712		349
712		-	compilation shall be published or posted in the manner provided by law.~~[ ]~~
	713	+	compilation shall be published or posted in the manner provided by law. Provisions of
713	714		350
714		-	~~(b) Provisions of~~ state law may be adopted by reference.[ ]
	715	+	state law may be adopted by reference.[ ]
715	716		351
716	717		(2) Any changes necessary to conform those state laws with municipal ordinance shall be
717	718		352
718	719		noted.
719	720		353
720	721		Section 27. Section 10-3-713 is amended to read:
721	722		354
722	723		10-3-713 . Recording, numbering, and certification of passage.
723	724		355
724	725		(1) The municipal recorder shall record, in a book used exclusively for that purpose, all
725	726		356
726	727		ordinances passed by the governing body.[ ]
727	728		357
728	729		(2) The recorder shall give each ordinance a number, if the governing body has not already
729	730		358
730	731		so done.[ ]
731	732		359
732	733		(3) Immediately following each ordinance, or codification of ordinances, the recorder shall
733	734		360
734	735		make or cause to be made a certificate stating the date of passage and of the date of
735	736		361
736	737		publication or posting, as required.[ ]
737	738		362
738	739		(4) The record and memorandum, or a certified copy thereof, shall be prima facie evidence
739	740		363
740	741		of the contents, passage, and publication or posting of the ordinance or codification.
741	742		364
742	743		Section 28. Section 10-3-716 is amended to read:
743	744		365
744	745		10-3-716 . Fines and forfeitures -- Disposition.
745	746		366
746	747		(1) All fines, penalties, and forfeitures for the violation of any ordinance, when
747	748		367
748	749		collected, shall be paid in accordance with Section 51-4-2.[ ]
749		-	- 11 - S.B. 263 Enrolled Copy
750	750		368
751	751		(2) A violation of this section constitutes a class C misdemeanor.[ ]
752	752		369
753	753		(3) The retention or use of any fine, penalty, or forfeiture by any person for personal use or
754	754		370
755	755		benefit constitutes a class B misdemeanor, except that if the amount or amounts exceed
	756	+	- 11 - S.B. 263 02-12 12:09
756	757		371
757	758		$1,000 the offense is a class A misdemeanor as defined in the Utah Criminal Code.
758	759		372
759	760		Section 29. Section 10-3-828 is amended to read:
760	761		373
761	762		10-3-828 . Oath -- Filing.
762	763		374
763	764		(1) The oath of office required under this part shall be administered by any judge,
764	765		375
765	766		notary public, or by the recorder of the municipality.[ ]
766	767		376
767	768		(2) Elected officials shall take their oath of office at 12:00 noon on the first Monday in
768	769		377
769	770		January following their election or as soon thereafter as is practical.[ ]
770	771		378
771	772		(3) Appointed officers shall take their oath at any time before entering on their duties.[ ]
772	773		379
773	774		(4) All oaths of office shall be filed with the recorder of the respective municipality.
774	775		380
775	776		Section 30. Section 10-3-903 is amended to read:
776	777		381
777	778		10-3-903 . City engineer -- Custodian of records of public improvements.
778	779		382
779	780		(1) The city engineer's office in cities of the first and the second class shall be an office
780	781		383
781	782		of record for all maps, plans, plats, profiles, drawings, final estimates, specifications and
782	783		384
783	784		contracts which in any way relate to the public improvements and engineering affairs of
784	785		385
785	786		the city.[ ]
786	787		386
787	788		(2) The city engineer shall be custodian of all drawings and documents above mentioned.
788	789		387
789	790		Section 31. Section 10-3-904 is amended to read:
790	791		388
791	792		10-3-904 . Books and supplies -- Recording -- Filing -- Inspection.
792	793		389
793	794		(1) The city engineer's office shall be supplied with all necessary books, cases and
794	795		390
795	796		supplies for recording and filing as required.[ ]
796	797		391
797	798		(2) The city engineer shall record and file all drawings and documents pertaining to public
798	799		392
799	800		lands and improvements.[ ]
800	801		393
801	802		(3) Those made in his office shall be placed on record as soon as completed and shall then
802	803		394
803	804		be open for public inspections, and any person copying the same or taking notes
804	805		395
805	806		therefrom may do so in pencil only.[ ]
806	807		396
807	808		(4) He shall keep the records and files in good condition and turn the same over to his
808	809		397
809	810		successor in office.[ ]
810	811		398
811	812		(5) He shall allow no alteration, mutilation or changes to be made in any matter of record,
812	813		399
813	814		and shall be held strictly accountable for the same.
814	815		400
815	816		Section 32. Section 10-3-917 is amended to read:
816	817		401
817	818		10-3-917 . Engineer in a city of the third, fourth, or fifth class or town.
818		-	- 12 - Enrolled Copy S.B. 263
819	819		402
820	820		(1) The governing body of a city of the third, fourth, or fifth class or a town may by
821	821		403
822	822		ordinance establish the office of municipal engineer and prescribe the duties and
823	823		404
824	824		obligations for that office which are consistent with the duties and obligations of the city
	825	+	- 12 - 02-12 12:09 S.B. 263
825	826		405
826	827		engineer in cities of the first and second class.[ ]
827	828		406
828	829		(2) If a city of the third, fourth, or fifth class or town uses the engineer employed by the
829	830		407
830	831		county in which the municipality is located, the municipality may, by ordinance
831	832		408
832	833		prescribe for its municipal engineer either the duties of a municipal engineer or, if
833	834		409
834	835		different, the duties of the county engineer, or a combination of duties.
835	836		410
836	837		Section 33. Section 10-3-1004 is amended to read:
837	838		411
838	839		10-3-1004 . Qualifications of commissioners -- Salary -- Removal.
839	840		412
840	841		(1) Not more than two members of the civil service commission shall at any one time
841	842		413
842	843		be of the same political party.[ ]
843	844		414
844	845		(2) No member of the civil service commission shall during his tenure of office hold any
845	846		415
846	847		other public office, or be a candidate for any other public office.[ ]
847	848		416
848	849		(3) Each member shall receive $25 for each meeting of the commission which he shall
849	850		417
850	851		attend, but may not receive more than $100 in any one month.[ ]
851	852		418
852	853		(4) In case of misconduct, inability or willful neglect in the performance of the duties of the
853	854		419
854	855		office by any member, the member may be removed from office by the board of city
855	856		420
856	857		commissioners by a majority vote of the entire membership, but the member shall, if he
857	858		421
858	859		so desires, have opportunity to be heard in defense.
859	860		422
860	861		Section 34. Section 10-3-1005 is amended to read:
861	862		423
862	863		10-3-1005 . Organization of commission -- Secretary -- Offices.
863	864		424
864	865		(1) The civil service commission shall organize by selecting one of its members
865	866		425
866	867		chairman, and shall appoint as secretary one of the available officers or employees of the
867	868		426
868	869		city, who shall act and serve without additional compensation.[ ]
869	870		427
870	871		(2) The secretary shall keep a record of all meetings of the civil service commission and of
871	872		428
872	873		its work and shall perform such other services as the commission may require, and shall
873	874		429
874	875		have the custody of the books and records of the commission.[ ]
875	876		430
876	877		(3) The board of city commissioners shall provide suitable accommodations and equipment
877	878		431
878	879		to enable the civil service commission to attend to its business.
879	880		432
880	881		Section 35. Section 10-3-1006 is amended to read:
881	882		433
882	883		10-3-1006 . Rules and regulations -- Printing and distribution.
883	884		434
884	885		(1) The civil service commission shall make all necessary rules and regulations to
885	886		435
886	887		carry out the purposes of this part and for examinations, appointments and promotions.[ ]
887		-	- 13 - S.B. 263 Enrolled Copy
888	888		436
889	889		(2) All rules and regulations shall be printed by the civil service commission for
890	890		437
891	891		distribution.
892	892		438
893	893		Section 36. Section 10-3-1007 is amended to read:
	894	+	- 13 - S.B. 263 02-12 12:09
894	895		439
895	896		10-3-1007 . Examinations.
896	897		440
897	898		(1) All applicants for employment in the classified civil service shall be subject to
898	899		441
899	900		examination, which shall be public, competitive and free.[ ]
900	901		442
901	902		(2) Examinations shall be held at such times and places as the civil service commission
902	903		443
903	904		shall from time to time determine, and shall be for the purpose of determining the
904	905		444
905	906		qualifications of applicants for positions.[ ]
906	907		445
907	908		(3) Examinations shall be practical and shall fairly test the fitness in every respect of the
908	909		446
909	910		persons examined to discharge the duties of the positions to which they seek to be
910	911		447
911	912		appointed, and shall include tests of physical qualifications and health.
912	913		448
913	914		Section 37. Section 10-3-1008 is amended to read:
914	915		449
915	916		10-3-1008 . Appointments from civil service list -- Probation period.
916	917		450
917	918		(1) In all cases the appointing power shall notify the civil service commission of each
918	919		451
919	920		separate position to be filled, and shall fill such place by the appointment of one of the
920	921		452
921	922		persons certified by the commission therefor.[ ]
922	923		453
923	924		(2) Such appointment shall be on probation, and of a character and for a period to be
924	925		454
925	926		prescribed by the civil service commission.
926	927		455
927	928		Section 38. Section 10-3-1010 is amended to read:
928	929		456
929	930		10-3-1010 . Promotions -- Basis -- Certification of applicants.
930	931		457
931	932		(1) The civil service commission shall provide for promotion in the classified civil
932	933		458
933	934		service on the basis of ascertained merit, seniority in service and standing obtained by
934	935		459
935	936		competitive examination, and shall provide, in all cases where practicable, that
936	937		460
937	938		vacancies shall be filled by promotion from the members of the next lower rank as
938	939		461
939	940		submit themselves for the examination and promotion.[ ]
940	941		462
941	942		(2) The civil service commission shall certify to the appointing power the names of not
942	943		463
943	944		more than five applicants having the highest rating for each promotion.
944	945		464
945	946		Section 39. Section 10-3-1012.5 is amended to read:
946	947		465
947	948		10-3-1012.5 . Appeal to Court of Appeals -- Scope of review.
948	949		466
949	950		(1) Any final action or order of the commission may be appealed to the Court of
950	951		467
951	952		Appeals for review.[ ]
952	953		468
953	954		(2) The notice of appeal shall be filed within 30 days of the issuance of the final action or
954	955		469
955	956		order of the commission.[ ]
956		-	- 14 - Enrolled Copy S.B. 263
957	957		470
958	958		(3) The review by Court of Appeals shall be on the record of the commission and shall be
959	959		471
960	960		for the purpose of determining if the commission has abused its discretion or exceeded
961	961		472
962	962		its authority.
	963	+	- 14 - 02-12 12:09 S.B. 263
963	964		473
964	965		Section 40. Section 10-3-1104 is amended to read:
965	966		474
966	967		10-3-1104 . Library personnel -- Monthly wage deductions and matching sums --
967	968		475
968	969		Time of inclusion.
969	970		476
970	971		(1)(a) The librarians, assistants and employees of any public library may, at the
971	972		477
972	973		discretion of the board of directors of the library, be included within and participate
973	974		478
974	975		in the pension, retirement, sickness, disability and death benefit system established
975	976		479
976	977		under Section 10-3-1103.[ ]
977	978		480
978	979		(b) In the event the librarian, assistants and employees of the municipality are included
979	980		481
980	981		within and participate in the system, there shall be deducted from the monthly wage
981	982		482
982	983		or salary of the librarian, assistants and employees and paid into the system, a
983	984		483
984	985		percentage of their wage or salary equal to the percentage of the monthly wage or
985	986		484
986	987		salary of other employees of the municipality which is paid into the system.[ ]
987	988		485
988	989		(c) Also there shall be paid monthly into the system from the funds of the library a
989	990		486
990	991		further sum equal to the total amount deducted monthly from the wage or salary of
991	992		487
992	993		the librarian, assistants and employees and paid into the retirement system.
993	994		488
994	995		(2)(a) Where the election by the board of directors of any library for inclusion of its
995	996		489
996	997		librarian, assistants and employees within the system of any municipality is
997	998		490
998	999		subsequent to the establishment of the system, the inclusion may begin as of the date
999	1000		491
1000	1001		of the establishment of the system or as of the date of the election as shall be
1001	1002		492
1002	1003		determined by the board of directors.[ ]
1003	1004		493
1004	1005		(b) If inclusion is as of the date of the establishment of the system, there shall be paid
1005	1006		494
1006	1007		into the system in addition to the subsequent monthly wage deductions and matching
1007	1008		495
1008	1009		sums, a sum equal to the aggregate of monthly payroll deductions and matching sums
1009	1010		496
1010	1011		that would have accrued during the period beginning with the establishment of the
1011	1012		497
1012	1013		system and ending with the election had the librarian, assistants and employees been
1013	1014		498
1014	1015		included within the system from its establishment.
1015	1016		499
1016	1017		Section 41. Section 10-3-1107 is amended to read:
1017	1018		500
1018	1019		10-3-1107 . Cost of living adjustment -- Price index used.
1019	1020		501
1020	1021		(1)(a) The governing body of each municipality may, in their discretion, adopt a plan to
1021	1022		502
1022	1023		allow any person who qualifies under this part to receive a cost of living adjustment
1023	1024		503
1024	1025		in that person's monthly retirement allowance.[ ]
1025		-	- 15 - S.B. 263 Enrolled Copy
1026	1026		504
1027	1027		(b) The adjustment allowed shall be a percentage, not to exceed 100%, of the sum as
1028	1028		505
1029	1029		would restore the full purchasing power of each person's original unmodified pension
1030	1030		506
1031	1031		allowance as it was in the calendar year in which the retirement giving rise to the
	1032	+	- 15 - S.B. 263 02-12 12:09
1032	1033		507
1033	1034		pension occurred.
1034	1035		508
1035	1036		(2) The amount necessary to restore the full purchasing power of the original unmodified
1036	1037		509
1037	1038		pension allowance shall be computed from the consumers price index published by the
1038	1039		510
1039	1040		United States Bureau of Labor Statistics.
1040	1041		511
1041	1042		(3)(a) Adjustments may be effective as of [the date of this act] July 1, 1977, or at any
1042	1043		512
1043	1044		subsequent date set by the governing body.[ ]
1044	1045		513
1045	1046		(b) A municipality may choose to pay any per cent to the maximum amount provided
1046	1047		514
1047	1048		that such percentage be paid to all qualified persons equally.
1048	1049		515
1049	1050		Section 42. Section 10-5-127 is amended to read:
1050	1051		516
1051	1052		10-5-127 . Signing of checks -- Determination of sufficiency of account.
1052	1053		517
1053	1054		(1) The town treasurer, or in his absence a deputy treasurer appointed by the council,
1054	1055		518
1055	1056		shall sign all checks prepared by the town clerk.[ ]
1056	1057		519
1057	1058		(2) Prior to affixing the signature, the treasurer or deputy treasurer shall determine that a
1058	1059		520
1059	1060		sufficient amount is on deposit in the appropriate bank account of the town to honor the
1060	1061		521
1061	1062		check.[ ]
1062	1063		522
1063	1064		(3) The council may also designate any town officer to countersign checks.
1064	1065		523
1065	1066		Section 43. Section 10-5-128 is amended to read:
1066	1067		524
1067	1068		10-5-128 . Deposit of town funds -- Commingling with personal funds prohibited
1068	1069		525
1069	1070		-- Suspension from office for unauthorized use or profit from town funds.
1070	1071		526
1071	1072		(1) The treasurer shall promptly deposit all town funds in the appropriate bank
1072	1073		527
1073	1074		accounts of the town.[ ]
1074	1075		528
1075	1076		(2) It shall be unlawful for any person to commingle town funds with his or her own money.[ ]
1076	1077		529
1077	1078		(3) Whenever it shall appear that the treasurer or any officer is making profit out of public
1078	1079		530
1079	1080		money, or is using the same for any purpose not authorized by law, such treasurer or
1080	1081		531
1081	1082		officer shall be suspended from office.
1082	1083		532
1083	1084		Section 44. Section 10-6-102 is amended to read:
1084	1085		533
1085	1086		10-6-102 . Legislative intent -- Purpose of chapter.
1086	1087		534
1087	1088		(1) This chapter is intended to provide uniform accounting, budgeting, and financial
1088	1089		535
1089	1090		reporting procedures for cities.[ ]
1090	1091		536
1091	1092		(2) It is the purpose of this chapter to enable cities to make financial plans for both current
1092	1093		537
1093	1094		and capital expenditures, to insure that their executive staffs administer their respective
1094		-	- 16 - Enrolled Copy S.B. 263
1095	1095		538
1096	1096		functions in accordance with adopted budgets, to provide the public and investors with
1097	1097		539
1098	1098		information about the financial policies and administration of cities, to provide for the
1099	1099		540
1100	1100		optional use of performance budgeting and related accounting and reporting procedures,
	1101	+	- 16 - 02-12 12:09 S.B. 263
1101	1102		541
1102	1103		and to enable larger cities to evaluate and measure operating performance and provide
1103	1104		542
1104	1105		data comparable with other cities.
1105	1106		543
1106	1107		Section 45. Section 10-6-107 is amended to read:
1107	1108		544
1108	1109		10-6-107 . Uniform accounting system.
1109	1110		545
1110	1111		(1) The accounting records of cities shall be established and maintained, and financial
1111	1112		546
1112	1113		statements prepared from those records in conformance with generally accepted
1113	1114		547
1114	1115		accounting principles promulgated from time to time by authoritative bodies in the
1115	1116		548
1116	1117		United States.[ ]
1117	1118		549
1118	1119		(2) The state auditor shall prescribe in the Uniform Accounting Manual for Utah Cities a
1119	1120		550
1120	1121		uniform system of accounting that conforms to generally accepted accounting principles.[ ]
1121	1122		551
1122	1123		(3) The state auditor shall maintain the manual so that it reflects current generally accepted
1123	1124		552
1124	1125		accounting principles.
1125	1126		553
1126	1127		Section 46. Section 10-6-114 is amended to read:
1127	1128		554
1128	1129		10-6-114 . Budget -- Public hearing on tentatively adopted budget.
1129	1130		555
1130	1131		(1) At the time and place advertised, or at any time and place to which the public
1131	1132		556
1132	1133		hearing may be adjourned, the governing body shall hold a public hearing on the
1133	1134		557
1134	1135		budgets tentatively adopted.[ ]
1135	1136		558
1136	1137		(2) All interested persons in attendance shall be given an opportunity to be heard, for or
1137	1138		559
1138	1139		against, the estimates of revenue and expenditures or any item thereof in the tentative
1139	1140		560
1140	1141		budget of any fund.
1141	1142		561
1142	1143		Section 47. Section 10-6-115 is amended to read:
1143	1144		562
1144	1145		10-6-115 . Budget -- Continuing authority of governing body.
1145	1146		563
1146	1147		(1) After the conclusion of the public hearing, the governing body may continue to
1147	1148		564
1148	1149		review any tentative budget and may insert such new items or may increase or decrease
1149	1150		565
1150	1151		items of expenditure that were the proper subject of consideration at the public hearing,
1151	1152		566
1152	1153		except there shall be no decrease in the amount appropriated for debt retirement and
1153	1154		567
1154	1155		interest or reduction of any existing deficits, as provided by Section 10-6-117.[ ]
1155	1156		568
1156	1157		(2) It shall also increase or decrease the total anticipated revenue to equal the net change in
1157	1158		569
1158	1159		proposed expenditures in the budget of each fund.
1159	1160		570
1160	1161		Section 48. Section 10-6-119 is amended to read:
1161	1162		571
1162	1163		10-6-119 . Budgets in effect for budget period -- Amendment -- Filing for public
1163		-	- 17 - S.B. 263 Enrolled Copy
1164	1164		572
1165	1165		inspection.
1166	1166		573
1167	1167		(1) Upon final adoption, the budgets shall be in effect for the budget period, subject to
1168	1168		574
1169	1169		later amendment.[ ]
	1170	+	- 17 - S.B. 263 02-12 12:09
1170	1171		575
1171	1172		(2) A certified copy of the adopted budgets shall be filed in the office of the city auditor or
1172	1173		576
1173	1174		city recorder and shall be available to the public during regular business hours.
1174	1175		577
1175	1176		Section 49. Section 10-6-123 is amended to read:
1176	1177		578
1177	1178		10-6-123 . Expenditures or encumbrances in excess of appropriations prohibited
1178	1179		579
1179	1180		-- Processing claims.
1180	1181		580
1181	1182		(1) City officers may not make or incur expenditures or encumbrances in excess of
1182	1183		581
1183	1184		total appropriations for any department in the budget as adopted or as subsequently
1184	1185		582
1185	1186		amended.[ ]
1186	1187		583
1187	1188		(2) Any obligation contracted by any such officer may not be or become valid or
1188	1189		584
1189	1190		enforceable against the city.[ ]
1190	1191		585
1191	1192		(3) No check or warrant to cover any claim against any appropriation shall be drawn until
1192	1193		586
1193	1194		the claim has been processed as provided by this chapter.
1194	1195		587
1195	1196		Section 50. Section 10-6-126 is amended to read:
1196	1197		588
1197	1198		10-6-126 . Reduction of total budget appropriation of department by resolution --
1198	1199		589
1199	1200		Notice to governing body.
1200	1201		590
1201	1202		(1) The total budget appropriation of any department may be reduced for purposes
1202	1203		591
1203	1204		other than transfer to another department by resolution of the governing body at any
1204	1205		592
1205	1206		regular meeting, or special meeting, called for that purpose, if notice of the proposed
1206	1207		593
1207	1208		action is given to all members of the governing body at least five days before such
1208	1209		594
1209	1210		action.[ ]
1210	1211		595
1211	1212		(2) The notice may be waived in writing or orally during attendance at the meeting by any
1212	1213		596
1213	1214		member of the governing body.
1214	1215		597
1215	1216		Section 51. Section 10-6-128 is amended to read:
1216	1217		598
1217	1218		10-6-128 . Amendment and increase of individual fund budgets.
1218	1219		599
1219	1220		(1) After the conclusion of the hearing, the governing body, by resolution or ordinance,
1220	1221		600
1221	1222		may amend the budgets of the funds proposed to be increased, so as to make all or part
1222	1223		601
1223	1224		of the increases therein, both estimated revenues and appropriations, which were the
1224	1225		602
1225	1226		proper subject of consideration at the hearing.[ ]
1226	1227		603
1227	1228		(2) Final amendments in the current period to the budgets of any of the funds set forth in
1228	1229		604
1229	1230		Section 10-6-109 shall be adopted by the governing body on or before the last day of the
1230	1231		605
1231	1232		fiscal period.
1232		-	- 18 - Enrolled Copy S.B. 263
1233	1233		606
1234	1234		Section 52. Section 10-6-136 is amended to read:
1235	1235		607
1236	1236		10-6-136 . Increase in appropriations for operating and capital budget funds --
1237	1237		608
1238	1238		Notice.
	1239	+	- 18 - 02-12 12:09 S.B. 263
1239	1240		609
1240	1241		(1) The total budget appropriation of any fund described in Section 10-6-135 may be
1241	1242		610
1242	1243		increased by resolution of the governing body at any regular meeting, or special meeting
1243	1244		611
1244	1245		called for that purpose, provided that written notice of the time, place and purpose of the
1245	1246		612
1246	1247		meeting shall have been mailed or delivered to all members of the governing body at
1247	1248		613
1248	1249		least five days prior to the meeting.[ ]
1249	1250		614
1250	1251		(2) The notice may be waived in writing or orally during attendance at the meeting by any
1251	1252		615
1252	1253		member of the governing body.
1253	1254		616
1254	1255		Section 53. Section 10-6-143 is amended to read:
1255	1256		617
1256	1257		10-6-143 . City treasurer or deputy -- Duties with respect to issuance of checks.
1257	1258		618
1258	1259		(1) The treasurer, or in his absence a deputy treasurer appointed by the governing
1259	1260		619
1260	1261		body, shall sign all checks prepared by the auditor or recorder.[ ]
1261	1262		620
1262	1263		(2) Prior to affixing the signature, the treasurer or deputy treasurer shall determine that a
1263	1264		621
1264	1265		sufficient amount is on deposit in the appropriate bank account of the city to honor the
1265	1266		622
1266	1267		check.[ ]
1267	1268		623
1268	1269		(3) The governing body may also designate a person, other than the city auditor or the city
1269	1270		624
1270	1271		recorder, to countersign checks.
1271	1272		625
1272	1273		Section 54. Section 10-6-144 is amended to read:
1273	1274		626
1274	1275		10-6-144 . City treasurer -- Warrants -- Order of payment.
1275	1276		627
1276	1277		(1) In the absence of appropriate money, as set forth in Section 10-6-140, the treasurer
1277	1278		628
1278	1279		shall pay all warrants in the order in which presented and as money becomes available
1279	1280		629
1280	1281		for payment thereof in the appropriate funds of the city.[ ]
1281	1282		630
1282	1283		(2) The treasurer shall note upon the back of each warrant presented the date of presentation
1283	1284		631
1284	1285		and the date of payment.
1285	1286		632
1286	1287		Section 55. Section 10-6-145 is amended to read:
1287	1288		633
1288	1289		10-6-145 . City treasurer -- Special assessments -- Application of proceeds.
1289	1290		634
1290	1291		(1) All money received by the treasurer on any special assessment shall be applied to
1291	1292		635
1292	1293		the payment of the improvement for which the assessment was made.[ ]
1293	1294		636
1294	1295		(2) The money shall be used for the payment of interest and principal on bonds or other
1295	1296		637
1296	1297		indebtedness issued in settlement thereof, and shall be used for no other purpose
1297	1298		638
1298	1299		whatever, except as otherwise provided in Section 10-6-131.
1299	1300		639
1300	1301		Section 56. Section 10-6-146 is amended to read:
1301		-	- 19 - S.B. 263 Enrolled Copy
1302	1302		640
1303	1303		10-6-146 . City treasurer -- Deposit of city funds -- Commingling with personal
1304	1304		641
1305	1305		funds unlawful -- Suspension from office.
1306	1306		642
1307	1307		(1) The treasurer shall promptly deposit all city funds in the appropriate bank accounts
	1308	+	- 19 - S.B. 263 02-12 12:09
1308	1309		643
1309	1310		of the city.[ ]
1310	1311		644
1311	1312		(2) It shall be unlawful for any person to commingle city funds with his or her own money.[ ]
1312	1313		645
1313	1314		(3) Whenever it shall appear that the treasurer or any other officer is making profit out of
1314	1315		646
1315	1316		public money, or is using the same for any purpose not authorized by law, such treasurer
1316	1317		647
1317	1318		or officer shall be suspended from office.
1318	1319		648
1319	1320		Section 57. Section 10-7-8 is amended to read:
1320	1321		649
1321	1322		10-7-8 . Resolution on bond issue -- Election as provided by Local Government
1322	1323		650
1323	1324		Bonding Act.
1324	1325		651
1325	1326		(1) When the board of commissioners, city council or the town board of trustees of any
1326	1327		652
1327	1328		city or town shall have decided that incurring such bonded indebtedness is advisable, it
1328	1329		653
1329	1330		shall by resolution specify the purpose for which the indebtedness is to be created and
1330	1331		654
1331	1332		the amount of bonds which it is proposed to issue, and shall provide for submitting the
1332	1333		655
1333	1334		question of the issue of such bonds to the qualified electors of the city or town at the
1334	1335		656
1335	1336		next general election, or at a special election to be called for that purpose by the board of
1336	1337		657
1337	1338		commissioners, city council or board of trustees in such manner and subject to such
1338	1339		658
1339	1340		conditions as is provided in Title 11, Chapter 14, Local Government Bonding Act.[ ]
1340	1341		659
1341	1342		(2) This section does not require an election for the issuance of refunding bonds or other
1342	1343		660
1343	1344		bonds not required by the Constitution to be voted at an election.
1344	1345		661
1345	1346		Section 58. Section 10-7-9 is amended to read:
1346	1347		662
1347	1348		10-7-9 . Sale of bonds -- Amount -- Tax levy to pay interest -- Utility rates --
1348	1349		663
1349	1350		Sinking fund -- Serial or term bonds.
1350	1351		664
1351	1352		(1) The board of commissioners, city council or board of trustees as the case may be
1352	1353		665
1353	1354		shall provide by ordinance for the issuance and disposal of such bonds; provided, that no
1354	1355		666
1355	1356		such bonds shall be sold for less than their face value.[ ]
1356	1357		667
1357	1358		(2) The board of commissioners, city council or board of trustees shall annually levy on all
1358	1359		668
1359	1360		taxable property within the boundaries of the issuer a sufficient tax to pay the interest on
1360	1361		669
1361	1362		such indebtedness as it falls due, and also to constitute a sinking fund for the payment of
1362	1363		670
1363	1364		the principal thereof within the time for which such bonds are issued which levy shall be
1364	1365		671
1365	1366		made without regard to any statutory limitation on the taxing power of such issuer which
1366	1367		672
1367	1368		may now exist or, unless an express contrary provision appears in the statute, which may
1368	1369		673
1369	1370		hereafter be enacted by the legislature; provided, that whenever bonds shall have been
1370		-	- 20 - Enrolled Copy S.B. 263
1371	1371		674
1372	1372		issued for the purpose of supplying any city or town with artificial light, water or other
1373	1373		675
1374	1374		public utility the rates or charges for the service of the system or plant so constructed
1375	1375		676
1376	1376		may be made sufficient to meet such payments, in addition to operating and maintenance
	1377	+	- 20 - 02-12 12:09 S.B. 263
1377	1378		677
1378	1379		expenses, and taxes shall be levied to meet any deficiencies.[ ]
1379	1380		678
1380	1381		(3) Water or sewer bonds may be issued for a period not exceeding 40 years; other bonds
1381	1382		679
1382	1383		may be issued for a period not exceeding 20 years.[ ]
1383	1384		680
1384	1385		(4) Such bonds may be either serial or term bonds.
1385	1386		681
1386	1387		Section 59. Section 10-7-14.1 is amended to read:
1387	1388		682
1388	1389		10-7-14.1 . Declaration of public policy.
1389	1390		683
1390	1391		(1) Whereas, the purification of drinking water and the treatment of raw sewage are
1391	1392		684
1392	1393		important to public health and welfare and create an unusual need for money with which
1393	1394		685
1394	1395		to create proper facilities for the protection of the people of the state of Utah, it is hereby
1395	1396		686
1396	1397		declared to be the public policy of this state to grant the privilege to municipalities to
1397	1398		687
1398	1399		raise funds to improve the aforementioned health standards, to encourage the
1399	1400		688
1400	1401		municipalities to provide that no waste shall be discharged into any waters of the state of
1401	1402		689
1402	1403		Utah without first being given proper treatment, to provide for the treatment of water to
1403	1404		690
1404	1405		be used for drinking purposes to protect the health of the citizens and to give
1405	1406		691
1406	1407		municipalities the discretion to determine the priority of development of the facilities
1407	1408		692
1408	1409		directed toward the elimination of health hazards and pollution of public waters.[ ]
1409	1410		693
1410	1411		(2) The construction of the facilities herein mentioned shall be given an early priority in
1411	1412		694
1412	1413		those areas where the present welfare of the people is endangered by the lack of such
1413	1414		695
1414	1415		facilities.
1415	1416		696
1416	1417		Section 60. Section 10-7-26 is amended to read:
1417	1418		697
1418	1419		10-7-26 . Streets and alleys used by railway companies.
1419	1420		698
1420	1421		(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
1421	1422		699
1422	1423		10-7-33, the terms "railway company" or "street railway company" means any company
1423	1424		700
1424	1425		which owns or operates railway tracks on, along or across a street or alley in any city or
1425	1426		701
1426	1427		town.
1427	1428		702
1428	1429		(2)(a) Nothing contained in this section or in the sections referred to in Subsection (1)
1429	1430		703
1430	1431		shall be construed to exempt any railway company from keeping every portion of
1431	1432		704
1432	1433		every street and alley used by it and upon or across which tracks shall be constructed
1433	1434		705
1434	1435		at or near the grade of such streets in good and safe condition for public travel, but it
1435	1436		706
1436	1437		shall keep the same planked, paved, macadamized or otherwise in such condition for
1437	1438		707
1438	1439		public travel as the governing body of the city or town may from time to time direct,
1439		-	- 21 - S.B. 263 Enrolled Copy
1440	1440		708
1441	1441		keeping the plank, pavement or other surface of the street or alley level with the top
1442	1442		709
1443	1443		of the rails of the track.[ ]
1444	1444		710
1445	1445		(b) The portions of the streets or alleys to be so kept and maintained by all such railway
	1446	+	- 21 - S.B. 263 02-12 12:09
1446	1447		711
1447	1448		companies shall include all the space between their different rails and tracks and also
1448	1449		712
1449	1450		a space outside of the outer rail of each outside track of at least two feet in width, and
1450	1451		713
1451	1452		the tracks herein referred to shall include not only the main tracks but also all
1452	1453		714
1453	1454		sidetracks, crossings and turnouts constructed for the use of such railways.
1454	1455		715
1455	1456		Section 61. Section 10-7-27 is amended to read:
1456	1457		716
1457	1458		10-7-27 . Street railway companies to restore streets.
1458	1459		717
1459	1460		(1) Every street railway company shall at its own expense restore the pavement,
1460	1461		718
1461	1462		including the foundation thereof, of every street disturbed by it in the construction,
1462	1463		719
1463	1464		reconstruction, removal or repair of its tracks, to the same condition as before the
1464	1465		720
1465	1466		disturbance thereof, to the satisfaction of the governing body having charge of such
1466	1467		721
1467	1468		street.[ ]
1468	1469		722
1469	1470		(2) The obligation imposed hereby shall, in cities other than cities of the first class, be in
1470	1471		723
1471	1472		lieu and substitution of any and all other obligations of any such company to pave,
1472	1473		724
1473	1474		repave or repair any street, or to pay any part of the cost thereof, and may be enforced in
1474	1475		725
1475	1476		the same manner as similar obligations are or may be enforced under the laws of this
1476	1477		726
1477	1478		state.[ ]
1478	1479		727
1479	1480		(3) Nothing herein contained shall be considered to relieve any such company from the
1480	1481		728
1481	1482		repayment of any money which has heretofore been advanced or expended by any city
1482	1483		729
1483	1484		for any paving heretofore done under or by virtue of a specific contract or agreement
1484	1485		730
1485	1486		made and entered into between the board of commissioners or the city council of any
1486	1487		731
1487	1488		city and such company providing for the repayment thereof, but the obligation for such
1488	1489		732
1489	1490		repayment shall be and remain enforceable as if this section had not been passed.
1490	1491		733
1491	1492		Section 62. Section 10-7-29 is amended to read:
1492	1493		734
1493	1494		10-7-29 . Railway companies to repave streets.
1494	1495		735
1495	1496		(1) All railway companies shall be required to pave or repave at their own cost all the
1496	1497		736
1497	1498		space between their different rails and tracks and also a space two feet wide outside of
1498	1499		737
1499	1500		the outer rails of the outside tracks in any city or town, including all sidetracks,
1500	1501		738
1501	1502		crossings and turnouts used by such companies.[ ]
1502	1503		739
1503	1504		(2) Where two or more companies occupy the same street or alley with separate tracks each
1504	1505		740
1505	1506		company shall be responsible for its proportion of the surface of the street or alley
1506	1507		741
1507	1508		occupied by all the parallel tracks as herein required.[ ]
1508		-	- 22 - Enrolled Copy S.B. 263
1509	1509		742
1510	1510		(3) Such paving or repaving by such railway companies shall be done at the same time and
1511	1511		743
1512	1512		shall be of the same material and character as the paving or repaving of the streets or
1513	1513		744
1514	1514		alleys upon which the track or tracks are located, unless other material is specially
	1515	+	- 22 - 02-12 12:09 S.B. 263
1515	1516		745
1516	1517		ordered by the municipality.[ ]
1517	1518		746
1518	1519		(4) Such railway companies shall be required to keep that portion of the street which they
1519	1520		747
1520	1521		are herein required to pave or repave in good and proper repair, using for that purpose
1521	1522		748
1522	1523		the same material as the street upon which the track or tracks are laid at the point of
1523	1524		749
1524	1525		repair or such other material as the governing body of the city may require and order;
1525	1526		750
1526	1527		and as streets are hereafter paved or repaved street railway companies shall be required
1527	1528		751
1528	1529		to lay in the best approved manner a rail to be approved by the governing body of the
1529	1530		752
1530	1531		city.[ ]
1531	1532		753
1532	1533		(5) The tracks of all railway companies when located upon the streets or avenues of a city
1533	1534		754
1534	1535		or town shall be kept in repair and safe in all respects for the use of the traveling public,
1535	1536		755
1536	1537		and such companies shall be liable for all damages resulting by reason of neglect to keep
1537	1538		756
1538	1539		such tracks in repair, or for obstructing the streets.[ ]
1539	1540		757
1540	1541		(6) For injuries to persons or property arising from the failure of any such company to keep
1541	1542		758
1542	1543		its tracks in proper repair and free from obstructions such company shall be liable and
1543	1544		759
1544	1545		the city or town shall be exempt from liability.[ ]
1545	1546		760
1546	1547		(7) The word "railway companies" as used in this section shall be taken to mean and
1547	1548		761
1548	1549		include any persons, companies, corporations or associations owning or operating any
1549	1550		762
1550	1551		street or other railway in any city or town.
1551	1552		763
1552	1553		Section 63. Section 10-7-33 is amended to read:
1553	1554		764
1554	1555		10-7-33 . Delinquent taxes -- Installment payments -- Election and waiver.
1555	1556		765
1556	1557		(1) It shall be competent for the governing body, upon the written application of any
1557	1558		766
1558	1559		company owning any such railway, to provide that such special taxes shall become
1559	1560		767
1560	1561		delinquent and be payable in installments as in case of taxes levied upon abutting real
1561	1562		768
1562	1563		estate as herein provided, but such application shall be taken and deemed a waiver of
1563	1564		769
1564	1565		any and all objections to such taxes and the validity thereof.[ ]
1565	1566		770
1566	1567		(2) Such application shall be made at or before the final levy of such taxes.
1567	1568		771
1568	1569		Section 64. Section 10-7-65 is amended to read:
1569	1570		772
1570	1571		10-7-65 . Party plaintiff -- Successive actions permitted.
1571	1572		773
1572	1573		(1) All actions brought to recover any fine or to enforce any penalty under an
1573	1574		774
1574	1575		ordinance of a city or town shall be brought in the corporate name of the city or town as
1575	1576		775
1576	1577		plaintiff.[ ]
1577		-	- 23 - S.B. 263 Enrolled Copy
1578	1578		776
1579	1579		(2) No prosecution, recovery, or acquittal for the violation of any such ordinance shall
1580	1580		777
1581	1581		constitute a defense to any other prosecution of the same person for any other violation
1582	1582		778
1583	1583		of any such ordinance although the different causes of action existed at the same time
	1584	+	- 23 - S.B. 263 02-12 12:09
1584	1585		779
1585	1586		and if united would not have exceeded the jurisdiction of a justice court judge.
1586	1587		780
1587	1588		Section 65. Section 10-7-67 is amended to read:
1588	1589		781
1589	1590		10-7-67 . Pleading -- Reference to ordinance -- Judgment enforced by
1590	1591		782
1591	1592		imprisonment.
1592	1593		783
1593	1594		(1) In all actions for the violation of any ordinance it shall be sufficient if the
1594	1595		784
1595	1596		complaint refers to the title and section of the ordinance under which such action is
1596	1597		785
1597	1598		brought.[ ]
1598	1599		786
1599	1600		(2) Any person upon whom any fine or penalty shall be imposed may upon the order of the
1600	1601		787
1601	1602		court before whom the conviction is had be committed to the county jail or the city
1602	1603		788
1603	1604		prison or to such other place as may be provided for the incarceration of offenders until
1604	1605		789
1605	1606		such fine, penalty and costs shall be fully paid.
1606	1607		790
1607	1608		Section 66. Section 10-7-72 is amended to read:
1608	1609		791
1609	1610		10-7-72 . Appearance by agent of corporation -- Bench warrant for default.
1610	1611		792
1611	1612		(1) At the time appointed in the summons, the corporation shall appear by agent or
1612	1613		793
1613	1614		attorney and plead thereto the same as a natural person.[ ]
1614	1615		794
1615	1616		(2) In case no appearance is made on or before the hour appointed, the court may issue a
1616	1617		795
1617	1618		bench warrant for the person served as the officer or agent of the corporation, requiring
1618	1619		796
1619	1620		him to be brought forthwith before the court to plead on its behalf.
1620	1621		797
1621	1622		Section 67. Section 10-7-80 is amended to read:
1622	1623		798
1623	1624		10-7-80 . Development committee -- Appointment of members -- Terms,
1624	1625		799
1625	1626		compensation and expenses, vacancies and removal of members.
1626	1627		800
1627	1628		(1) The board of city commissioners or council of any city within the state is hereby
1628	1629		801
1629	1630		authorized and empowered to appoint by resolution an unpaid commission of three or
1630	1631		802
1631	1632		more members, to be known as the city resource development committee.[ ]
1632	1633		803
1633	1634		(2) One or more members of the board of city commissioners or council shall be designated
1634	1635		804
1635	1636		by the board of city commissioners or council as members of such committee.[ ]
1636	1637		805
1637	1638		(3) Each of the other members of the committee shall be a resident of the city.[ ]
1638	1639		806
1639	1640		(4) The term of appointed members of the committee shall be two years and until their
1640	1641		807
1641	1642		respective successors have been appointed.[ ]
1642	1643		808
1643	1644		(5) The members of the committee shall serve as such without compensation, except that
1644	1645		809
1645	1646		the board of city commissioners or council may provide for reimbursement of the
1646		-	- 24 - Enrolled Copy S.B. 263
1647	1647		810
1648	1648		members of the committee for actual expenses incurred, upon presentation of proper
1649	1649		811
1650	1650		receipts and vouchers.[ ]
1651	1651		812
1652	1652		(6) The board of city commissioners or council shall provide for the filling of vacancies in
	1653	+	- 24 - 02-12 12:09 S.B. 263
1653	1654		813
1654	1655		the membership of the committee and for the removal of a member for nonperformance
1655	1656		814
1656	1657		of duty or misconduct.
1657	1658		815
1658	1659		Section 68. Section 10-7-84 is amended to read:
1659	1660		816
1660	1661		10-7-84 . Expenditure of city funds authorized.
1661	1662		817
1662	1663		The board of city commissioners or council may expend city funds as are deemed
1663	1664		818
1664	1665		advisable to carry out the purposes of this [act] part.
1665	1666		819
1666	1667		Section 69. Section 10-8-92 is amended to read:
1667	1668		820
1668	1669		10-8-92 . Joint board -- Membership -- Powers.
1669	1670		821
1670	1671		When two or more political subdivisions of the state of Utah join together under this [act]
1671	1672		822
1672	1673		part for the purposes set forth herein, there shall be set up by the political subdivisions so
1673	1674		823
1674	1675		joining, a joint board whose membership shall have equal representation from each of the
1675	1676		824
1676	1677		political subdivisions joining, and which said board shall be empowered with the
1677	1678		825
1678	1679		administration, operation, construction and maintenance of said joint hospital.
1679	1680		826
1680	1681		Section 70. Section 10-8-93 is amended to read:
1681	1682		827
1682	1683		10-8-93 . Control of funds and disbursements -- Auditing of accounts by county
1683	1684		828
1684	1685		auditor -- Transfer of county tax funds to board to cover deficiencies.
1685	1686		829
1686	1687		(1) The joint board created pursuant to this [act] part shall have the custody and control
1687	1688		830
1688	1689		of all funds collected in the joint operation of such hospital and the disbursement
1689	1690		831
1690	1691		thereof; provided that the county auditor of any county participating under the
1691	1692		832
1692	1693		provisions of this [act] part shall audit the accounts of said board quarterly or at more
1693	1694		833
1694	1695		frequent intervals, if public interest, in the judgment of such auditor requires a more
1695	1696		834
1696	1697		frequent audit.[ ]
1697	1698		835
1698	1699		(2) The county executive of any county participating in the operation and maintenance of
1699	1700		836
1700	1701		hospitals pursuant to this [act] part may pay over to the joint board of such hospitals any
1701	1702		837
1702	1703		funds yielded by a levy made pursuant to Section 17-53-221 that may be required to
1703	1704		838
1704	1705		cover any deficiencies incurred in the operation and maintenance of such hospital.
1705	1706		839
1706	1707		Section 71. Section 10-9a-514 is amended to read:
1707	1708		840
1708	1709		10-9a-514 . Manufactured homes.
1709	1710		841
1710	1711		(1)(a) For purposes of this section, a manufactured home is the same as defined in
1711	1712		842
1712	1713		Section 15A-1-302, except that the manufactured home shall be attached to a
1713	1714		843
1714	1715		permanent foundation in accordance with plans providing for vertical loads, uplift,
1715		-	- 25 - S.B. 263 Enrolled Copy
1716	1716		844
1717	1717		and lateral forces and frost protection in compliance with the applicable building
1718	1718		845
1719	1719		code.[ ]
1720	1720		846
1721	1721		(b) All appendages, including carports, garages, storage buildings, additions, or
	1722	+	- 25 - S.B. 263 02-12 12:09
1722	1723		847
1723	1724		alterations shall be built in compliance with the applicable building code.
1724	1725		848
1725	1726		(2) A manufactured home may not be excluded from any land use zone or area in which a
1726	1727		849
1727	1728		single-family residence would be permitted, provided the manufactured home complies
1728	1729		850
1729	1730		with all local land use ordinances, building codes, and any restrictive covenants,
1730	1731		851
1731	1732		applicable to a single family residence within that zone or area.
1732	1733		852
1733	1734		(3) A municipality may not:
1734	1735		853
1735	1736		(a) adopt or enforce an ordinance or regulation that treats a proposed development that
1736	1737		854
1737	1738		includes manufactured homes differently than one that does not include
1738	1739		855
1739	1740		manufactured homes; or
1740	1741		856
1741	1742		(b) reject a development plan based on the fact that the development is expected to
1742	1743		857
1743	1744		contain manufactured homes.
1744	1745		858
1745	1746		Section 72. Section 10-15-2 is amended to read:
1746	1747		859
1747	1748		10-15-2 . Legislative findings and purposes.
1748	1749		860
1749	1750		(1) The Legislature hereby finds and declares that in certain areas in municipalities
1750	1751		861
1751	1752		within the state, and particularly in retail shopping areas thereof, there is need to
1752	1753		862
1753	1754		separate pedestrian travel from vehicular travel and that such separation is necessary to
1754	1755		863
1755	1756		protect the public safety or otherwise to serve the public interest and convenience.[ ]
1756	1757		864
1757	1758		(2) The Legislature further finds and declares that such objectives can, in part, be
1758	1759		865
1759	1760		accomplished by the establishment of pedestrian malls pursuant to this [act] chapter.
1760	1761		866
1761	1762		Section 73. Section 10-15-3 is amended to read:
1762	1763		867
1763	1764		10-15-3 . Definitions.
1764	1765		868
1765	1766		As used in this chapter:
1766	1767		869
1767	1768		(1)(a)(i) "Intersection street" means any street which meets or crosses a pedestrian
1768	1769		870
1769	1770		mall at a mall intersection but includes only those portions thereof on either side
1770	1771		871
1771	1772		of the mall intersection which lie between the mall intersection and the first
1772	1773		872
1773	1774		intersection of the intersecting street with a public street or highway open to
1774	1775		873
1775	1776		vehicular traffic.[ ]
1776	1777		874
1777	1778		(ii) If any portion of a pedestrian mall terminates on a street at a place thereon other
1778	1779		875
1779	1780		than at a place of intersection with a public street or highway open to vehicular
1780	1781		876
1781	1782		traffic, such intersecting street shall also include that portion of any street which
1782	1783		877
1783	1784		lies between such place of termination and the first intersection of such street with
1784		-	- 26 - Enrolled Copy S.B. 263
1785	1785		878
1786	1786		the public street or highway open to vehicular traffic.
1787	1787		879
1788	1788		(b) "Intersecting street" also includes any other street or portion of a street which the
1789	1789		880
1790	1790		legislative body declares to be such by resolution.
	1791	+	- 26 - 02-12 12:09 S.B. 263
1791	1792		881
1792	1793		(2) "Legislative body" means the legislative body of the municipality.
1793	1794		882
1794	1795		(3) "Mall intersection" means any intersection of a street constituting a part of a pedestrian
1795	1796		883
1796	1797		mall with any street which intersection is itself part of a pedestrian mall.
1797	1798		884
1798	1799		(4) "Municipality" includes every city or town within this state.
1799	1800		885
1800	1801		(5) "Pedestrian mall" means one or more streets or portions thereof, on which vehicular
1801	1802		886
1802	1803		traffic is, or is to be, restricted in whole or in part and which is, or is to be, used
1803	1804		887
1804	1805		exclusively or primarily for pedestrian travel.
1805	1806		888
1806	1807		(6) "Street" means any public road, street, highway, alley, lane, court, way, or place of any
1807	1808		889
1808	1809		nature open to the use of the public, excluding state highways.
1809	1810		890
1810	1811		Section 74. Section 10-15-4 is amended to read:
1811	1812		891
1812	1813		10-15-4 . Powers of legislative body of municipality.
1813	1814		892
1814	1815		The legislative body of the municipalities of this state shall have the power:
1815	1816		893
1816	1817		(1) to establish pedestrian malls;
1817	1818		894
1818	1819		(2) to prohibit, in whole or in part, vehicular traffic on a pedestrian mall;
1819	1820		895
1820	1821		(3) to pay from the general funds of the municipality, or from other available money, or
1821	1822		896
1822	1823		from the proceeds of assessments levied on land benefited by the establishment of a
1823	1824		897
1824	1825		pedestrian mall, the damages, if any, allowed or awarded to any property owner by
1825	1826		898
1826	1827		reason of the establishment of the pedestrian mall;
1827	1828		899
1828	1829		(4) to acquire, construct, and maintain on the municipality's streets which are established as
1829	1830		900
1830	1831		a pedestrian mall, improvements of any kind or nature necessary or convenient to the
1831	1832		901
1832	1833		operation of such streets as a pedestrian mall, including paving, sidewalks, curbs,
1833	1834		902
1834	1835		gutters, sewers, drainage works, lighting facilities, fire protection facilities, flood
1835	1836		903
1836	1837		protection facilities, water distribution facilities, vehicular parking areas, retaining walls,
1837	1838		904
1838	1839		landscaping, tree planting, statuaries, fountains, decorative structures, benches, rest
1839	1840		905
1840	1841		rooms, child care facilities, display facilities, information booths, public assembly
1841	1842		906
1842	1843		facilities, and other structures, works or improvements necessary or convenient to serve
1843	1844		907
1844	1845		members of the public using such pedestrian malls, including the reconstruction or
1845	1846		908
1846	1847		relocation of existing municipally owned works, improvements, or facilities on such
1847	1848		909
1848	1849		municipal streets; which foregoing changes or any portions thereof, are referred to in
1849	1850		910
1850	1851		this [act] chapter as "improvements";
1851	1852		911
1852	1853		(5) to pay from the general funds of the municipality or other available money, or from the
1853		-	- 27 - S.B. 263 Enrolled Copy
1854	1854		912
1855	1855		proceeds of assessments levied on property benefited by any such improvements, or
1856	1856		913
1857	1857		from the proceeds of special improvement warrants or bonds, the whole or any portion
1858	1858		914
1859	1859		of the costs of acquisition, construction, and maintenance of such improvements in
	1860	+	- 27 - S.B. 263 02-12 12:09
1860	1861		915
1861	1862		accordance with the provisions of Title 11, Chapter 42, Assessment Area Act, relating to
1862	1863		916
1863	1864		special improvement assessments; and
1864	1865		917
1865	1866		(6) to do any and all other acts or things necessary or convenient for the accomplishment of
1866	1867		918
1867	1868		the purposes of this chapter.
1868	1869		919
1869	1870		Section 75. Section 10-15-5 is amended to read:
1870	1871		920
1871	1872		10-15-5 . Powers of acquisition and improvement.
1872	1873		921
1873	1874		(1) The legislative body of the municipalities shall also have the power to acquire by
1874	1875		922
1875	1876		gift, purchase, eminent domain, or otherwise, land, real property or rights of way which
1876	1877		923
1877	1878		shall become part of the municipal street established as a pedestrian mall, or which shall
1878	1879		924
1879	1880		otherwise be used by the municipality as a part of, or for purposes connected with, a
1880	1881		925
1881	1882		pedestrian mall, and such lands, real property or rights of way may be improved in the
1882	1883		926
1883	1884		same manner as municipal streets may be improved.[ ]
1884	1885		927
1885	1886		(2) The legislative body shall also have the power to make such improvements on mall
1886	1887		928
1887	1888		intersections and intersecting streets or upon facilities acquired for parking and other
1888	1889		929
1889	1890		related purposes where such improvements are necessary or convenient to the operation
1890	1891		930
1891	1892		of the mall.[ ]
1892	1893		931
1893	1894		(3) The acquisitions and improvements authorized by this section shall be deemed
1894	1895		932
1895	1896		"improvements."
1896	1897		933
1897	1898		Section 76. Section 10-15-6 is amended to read:
1898	1899		934
1899	1900		10-15-6 . Public hearing -- Finance requirements.
1900	1901		935
1901	1902		(1) The designation of any street as a "mall" shall be by ordinance passed and
1902	1903		936
1903	1904		published after full investigation and ample public hearing into the necessity and
1904	1905		937
1905	1906		advisability of the creation of a mall.[ ]
1906	1907		938
1907	1908		(2) The ordinance shall designate the manner in which the project is to be financed, and, if
1908	1909		939
1909	1910		financed by levy of special taxes or special improvement warrants or bonds, shall be in
1910	1911		940
1911	1912		accordance with the provisions of Title 11, Chapter 42, Assessment Area Act.
1912	1913		941
1913	1914		Section 77. Repealer.
1914	1915		942
1915	1916		This bill repeals:
1916	1917		943
1917	1918		Section 10-1-101, Short title.
1918	1919		944
1919	1920		Section 10-1-102, Effective date.
1920	1921		945
1921	1922		Section 10-1-110, Continuation of prior law.
1922		-	- 28 - Enrolled Copy S.B. 263
1923	1923		946
1924	1924		Section 10-1-112, Headings do not limit sections.
1925	1925		947
1926	1926		Section 10-1-114, Repealer.
1927	1927		948
1928	1928		Section 10-1-115, Legislation enacted by Legislature.
	1929	+	- 28 - 02-12 12:09 S.B. 263
1929	1930		949
1930	1931		Section 10-15-1, Short title.
1931	1932		950
1932	1933		Section 78. Effective Date.
1933	1934		951
1934	1935		This bill takes effect on May 7, 2025.
1935	1936		- 29 -