Show Constitutional Amendment nt j RELATING TO MUNICIPAL CORPORATION A Joint resolution proposing an n amendment to Section 5 of Article XI I of 01 th the constitution of th the State Stute of relating to corporation Br Be Be it resolved by the LC of th the th State Stole of Iwo thirds of nil ott the member mem b bens ber u elected to tack each of th tit the two house hou voting In ra nr thereof z SECTION 1 I. Section proposed to be bt intended amended d. d That It Is proposed to amend section 5 of oC Article XI of the thc constitution constitution I of the State of Ut Utah b so that bat the Iho same name will rend read us as follows z SECTION E. E Municipal corporations corporations' corporation created b by general law low of Ir legislature legislature legislature-in- In Incorporated cities or towns may fr frame me and adopt charter manner charter manner prescribed proscribed charter charter to be submitted to electors electors copies copies to bf b be distributed city dl distributed city recorder to ru flee with secretary see sec le of Slate powers Slate amendments powers conferred conferred con con- fund upon cities Corporations for municipal mu shall not be c created by b- b 4 special laws The Tho legislature by general laws shall provide for the Incorporation organization and cli ch of cities and towns In proportion to population which laws law may be altered amended or repealed Any Incorporated city or town may frame and adopt n a charter h for Cor Its It own Government In the follo following ving manner The Ics legislative Slat c authority of the city may by two thirds vote of its members member find and upon petition of QU qualified d electors to ta the number r of oC fifteen n per cent of all notes otH cn east t at nt the next preceding election for theoffice the office of th the mayor shall forthwith pro pro- Tide vido by ordinance for the submission to the lectors electors of the tho question Shall a com commission commis sion elon be chosen to frame n a charter 7 r The The ordinance shall require that the question be submitted to the electors at nt the tho next regular municipal election The ballot containing containing con con- such question shall also abD contain the names of of candidates for mem members rs of the proposed commission but without party designation Such candidates shall be nominated nominated nominated nom nom- in the same manner as required by bylaw bylaw law Jaw for nomination of oC city officers If a 8 majority of the electors voting on the th question of choosing a 1 commission shall shaH vote rote in the Affirmative then the fifteen candidates candidate receiving n a majority of the votes east St at t such ouch election shall constitute the charter harter commission and shall hall proc proceed d to frame a Ii charter Any charter chute eo co framed shall be submitted submitted submit submit- ted to the qualified eJ electors of the city cit it at an election eJection to be held at a time to be determined by Ly the charter charter- commission omm which shall be not less Jess than sixty days subsequent subsequent sub sub- sequent to its completion and distribution among the electors and not more than ono one year from such ouch date lIte Alternative e provisions provi alone alon may also aho be submitted submittal to b Ix be voted upon separately The commission lon shall make provisions for fon the distribution of ot copies ct of the proposed charter hl and of alternative provisions to the qualified electors elec eke tors ton of oC th the city not J less ls than sixty days daya before before be be- fore the election eJection at which It b u voted upon Such proposed charter find and such alternative ve provisions us na are arc approved by a Q majority of th the th electors eJectors voting thereon shall become an anor or organic law w of such city at such time i a-i may be fixed fLud therein and shall supersede any existing charter and all laws lows affecting the organization organisation and government of such ouch city which are arc now nov In conflict r therewith Within thirty dey after its it approval a Ii copy of such lueb charter as IS adopted d. certified by the mayor and city ity recorder and authenticated by the seal of such city shall be made in duplicate and deposited one on in the office office office of of- fice of the secretary of State and the th theother theother other in the office of the city recorder and thereafter all nIl courts shall take judicial notice of ot such charter Amendments to any such charter harter may maybe maybe may maybe be framed and submitted by a charter harter commission com com- commission mission in the same manner as provided provide for making of charters or may be pro proposed pr posed by the tho legislative authority of the city upon a two thirds vo vote thereof or orby orby orby by petition of qualified electors to a number number number num num- ber equal ual to fifteen per cent of the total votes l cast ost for mayor on the next preceding preceding In ing election and any such euch amendment may Ix be submitted at the next regular municipal mu mu municipal election find and having been approved by the majority of the electors voting thereon there thero- on shall haU become part of the charter at atthe atthe atthe the time fix fixed I In such amendment and shall ehan be certified and filed Wd as ns pro provided in case cos of charters Each ElIch city forming It its It charter under this a section shall have situ and t Is it hereby granted th the authority to exercise all aU powers relating to municipal affairs and to adopt and enforce enforce enforce en- en force within its It limits local Ial police pollee sanitary and similar regulations not In conflict with the general law Jaw and no enumeration numeration of of powers power in this constitution or any law lawshall lawshall shall be deemed 1 to limit or restrict the tho gen general grunt grant of authority hereby conferred conferred confer confer- r red but this grant of authority shall not Include the power to regulate public util utilities ties not municipally owned if any such ouch r regulation of oC public L utilities is provided for forby forby forby by general law nor be deemed to limit or restrict the power of the legislature In matters matten matters mat mat- ten relating to State affairs affaire to enact general general laws applicable alike to all cities of the State The TM power to be conferred oj r-on r on tho the cities by this section shall shan include th the following a e To levy Jevy assess and collect taxes and borrow money within the limits prescribed by general law Jaw and to levy Jovy and collect special spa spa- slat cial assessments for lor benefits conferred b To furnish all aU local public services to purchase hire construct own maintain main thin tain or operate or J lease nae public lublic utilities local in extent and use to acquire by condemnation con con- or otherwise within or without without with with- out the tho corporate limits limit property n necessary ca- ca sary for any such ouch purposes subject to re- re restriction restrictions re re- Im Imposed by general law for the tho th protection of other communities and to grant Joc local J public utility franchises franchisee and within its pern powers era regulate the exercise the thereof rc c To co make local public improvements and to acquire by condemnation or otherwise other other- wise property within its corporate limits necessary for lor such ouch improvements and also aJao alsoto alsoto to acquire an excess over than that needed needed needed need need- ed for any such improvement n tn and nd to sell seU or orlease orlease lease such cx excess ess property with restrIctions restriction in order to protect and preserve the improvement im Im- im- im provement d To issue and sell leU bonds on the security se cc- of any such suh extras excess pr property perty or of any acy public utility owned by the city or of the revenues thereof or both including Inthe in inthe the case ense of public utility n a franchise stat stat- stating stating ing the terms ns upon which In case e of foreclosure foreclosure foreclosure fore fore- closure the purchaser may moy operate such uch utility SECTION 2 T. Duty Duly of Secretary Secretory of State The secretary of State is hereby directed to submit the proposed amendment to the electors of the State Stute at the next gen general ral election In the manner provided by law Jaw SECTION 8 3 To Take Tok Effect If Ie adopted b by the electors of this State this tha amendment amendment amend amend- ment shall hoU take effect on January 1st bt 1933 1983 3 I I. I it M. M H. H Welling Secretary of State atthe ot at the State Stalo of Utah h. do hereby certify that the foregoing Is a 11 full true and ond correct copy COPT of th the the- Constitutional Amendment proposed pro posed by the regular session cession of the legislature legislature legisla legisla- ture of 1931 as a. the same elm OP appears of ot record la In m my office In witness whereof hereof I have havo hereunto unto Mt set my hand and affixed tho the Great Seal Seat of the State Stat a of Utah this day of Septem Septem- September ber 18 e BEAL SUI Secretary of State |