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Show Constitutional Amendment RELATING TO MUNICIPAL CORPORATIONS A joint resolution proposing an amendment to Section 5, of Article XI o( the constitution consti-tution of the State of Utah, relating t municipal corporations. Be it resolved by the Legislature of th State of Utah, two-thirds of all the members mem-bers elected to each of the two house voting in favor thereof: SECTION 1. Section proposed to be mended. That It is proposed to amend section 5 of Article XI of the constitution of the State of Utah, so that the same will rend s follows : SECTION 5. Municipal corporations created by genera! law of legislature incorporated in-corporated cities or towns may frame and adopt charter manner prescribed charter to be submitted to electors copies to be distributed city recorder to file with secretary sec-retary of State amendments powers conferred con-ferred upen cities. Corporations for municipal mu-nicipal purposes shall not be created by special laws. The legislature by fter.eral laws shall provide for the incorporation, organization and classification of cities and towns in proportion to population, which laws may be altered, amended or repealed. Any incorporated city or town may frame and adopt a charter for its own government In the following: manner: The legislative authority of tht city may. by two-thirds vote of its members, and upon petition of qualified electors to the number of fifteen per cent of all votes cast at the next preceding: election for the office of the mayor, shall forthwith provide pro-vide by ordinance for the submission to the electors of the question: "Shall commission commis-sion be chosen to frame a charter J" The ordinance shall require that the question be submitted to the electors at the next regular municipal election. The ballot containing con-taining such question shall also contain the names of candidates for members of the proposed commission, but without party designation. Such candidates shall be nominated nom-inated in the same manner as required by law for nomination of city officers. If a majority of the electors voting- on the question of choosing" a commission shall vote in the affirmative, then the fifteen candidates receiving a majority of the votes cast at such election, shall constitute the charter commission, and shall proceed to frame a charter. Any charter so framed shall be submitted submit-ted to the qualified electors of the citv at an election to be held at a time to be determined by the charter commission, which shall be not less than sixty days subsequent sub-sequent to its completion and distribution among the electors and not more than one year from such date. Alternative provisions provi-sions may also be submitted to be voteri upon separately. The commission shall make provisions for the distribution of copies of the proposed charter and of any alternative provisions to the qualified electors elec-tors of the city, not less than sixty days before be-fore the election at which it is voted upon. Such proposed charter and such alternative provisions as are approved by a majority of the electors voting: thereon, shall become an organic law of such city at such time as may be fixed therein, and shall supersede any existing- charter and all laws affectinc the organization and government of tuch city which are now in conflict therewith Within thirty days after Its approval a copy of such charter as adopted, certified by the mayor and city recorder and authenticated by the seal of such city, shall be made in duplicate and deposited, one In the office of-fice of the secretary of State and the other in the office of the city recorder, and thereafter all courts shall take judicial notice of such charter. Amendments to any such charter may be framed and submitted by a charter commission com-mission in the same manner as provided for making of charters, or may be proposed pro-posed by the legislative authority of the city upon a two-thirds vote thereof, or by petition of qualified electors to a number num-ber equal to fifteen per cent of the total votes cast for mayor on the next preceding preced-ing election, and any such amendment may be submitted at the next regular municipal mu-nicipal election, and having been approved by the majority ofthe electors voting thereon, there-on, shall become 'part of the charter at the time fixed in such amendment and shall be certified and filed as provided in case of charters. Each city forming its charter under this ection shall have, and is hereby granted, the authority to exercise all powers relating; to municipal affairs, and to adopt and enforce en-force within its limits, local police, sanitary and Bimilar regulations not in conflict with the general law, and no enumeration of powers in this constitution or any law shall be deemed to limit or restrict the general grant of authority hereby conferred; confer-red; but this grant of authority shall not include the power to regulate public utilities, util-ities, not municipally owned, if any such regulation of public utilities is provided for by general law, nor be deemed to limit or restrict the power of the legislature in matters mat-ters relating to State affairs, to enact general laws applicable alike to all cities of the State. The power to be conferred upon the citiae by this section shall include the following: (a) To levy, assess and collect taxes and borrow money, within the limits prescribed by general law, and to levy and collect special spe-cial assessments for benefits conferred. (b) To furnish all local public services; to purchase, hire, construct, own, maintain main-tain or operate, or lease, public utilities local in extent and use ; to acquire by condemnation, con-demnation, or otherwise, within or without with-out the corporate limits, property necessary neces-sary for any such purposes, subject to restrictions re-strictions imposed by general law for the protection of other communities; and to grant local public utility franchises and within iU powers regulate the exercise thereof. (c) To make local public improvement and to acquire by condemnation, or otherwise, other-wise, property within its corporate limit necessary for such improvements; and also to acquire an excess over than that needed need-ed for any such improvement and to sell or lease such excess property with restrictions, in order to protect and preserve the improvement. im-provement. (d) To issue and sell bonds on the security se-curity of any BUch excess property, or of any public utility owned by the city, or of the revenues thereof, or both, including, in the case of public utility, a franchise stating stat-ing the terms upon which, in case of foreclosure, fore-closure, the purchaser may operate such utility. SECTION 2. Duty of Secretary of State. The secretary of State is hereby directed to submit the proposed amendment to the electors of the State at the next generaJ election in the manner provided by law SECTION 3. To Take Effect. If adopted by the electors of this State, this amend-shail amend-shail effect on January 1st, I. M. H. Welling, Secretary of State erf the State of Utah, do hereby certify that the foregoing is a full, true and correet copy of the- Constitutional Amendment iro-posed iro-posed by the regular session of the legislature legisla-ture of 1931 as the same appears of record in my office. In witness whereof, I have hereunto set my hand and affixed the Great Sea of the State of Utah, this 5th day of September, Septem-ber, 1930. (ISAL) S.cr.Ur, ot StaU. (J |