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Show Constitutional Amendment RELATING TO MUNICIPAL CORPORATIONS A Joint resolution proposing an amendment to Section 5, of Article XI of tht constitution consti-tution of the Siate of I'tah. relating to municipal corporations. Be It resolved by the Legislature of the I State of LTtah. two-thirds of all the members mem-bers elected to each of the two bouse Totinsr in favor thereof: SECTION 1. Section proposed to b amended. That it is proposed to amend section 5 of Article XI of the constitution of the State of Utah, so that the same will read as follows : SECTION 5. Municipal corporations created by general 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 aec-retary aec-retary of State amendments powers conferred con-ferred upon cities. Corporations for municipal mu-nicipal purposes shall not be created by special laws. The legislature by ffeneral 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organization and classification of cities and towns in proportion to population, which laws may be altered, amended or repealed.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 the city may, by two-thirds vote of its member, 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 a commission commis-sion be chosen to frame a charter?" 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 city at an election to be held at a time to be determined by the charter commission, which shall-bc 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 voted upon separately. The commission shall make provisions for the distribution of copies of the pvopnsed charter and of any alternative provisions to the qualified electors elec-tors of the cily, 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 electora 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 oil laws affecting the organization and government of such city which are now in "onflicl 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 th city upon a two-thirds vote thereof, or by petition of qualified electors to a number num-ber equal to fifteen per cent of tha total votes cast for mayor on the next preceding1 preced-ing1 election, and any such amendment may be submitted at the next regular mur-nicipal mur-nicipal election, and having been approved by the majority of the electors voting thereon, there-on, shall become part of the charter at tha-time fixed in such amendment and shall be certified and filed as provided in eaa of charters. Each city forming its charter under thii ection ahall have, and is hereby granted, tha authority to exercise all powers relating to municipal affairs, and to adopt and a-n-forc within Its limits, local police, sanitary and similar regulations not in conflict with tha general law, and no enumeration of powers In this constitution or any law hall 1 deemed to limit or restrict tha 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 tor by general law, nor be d-onied to limit or restrict tho power of the legislature in matters mat-ters relating to Stato affairs, to enact general laws applicable alike to nil cities of the State. Tha power to be conferred upon the citlea 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 nnd collect special spe-cial assessments for benefits conferred. (b) To furnish all local puhlic services; to purchase, hire, construct, own, maintain main-tain or operate, or lease, public utilities local in extent ami 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 lrcal public improvements and to acquire by condemnation, or otherwise, other-wise, property within its corporate limits 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 excels 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 such excess property, or of any public utility owned by the eity. or of the revenues thereof, or both, including, iii the caae of public utility, a franchise stating stat-ing the terms upon which, in ease of foro-clcsure, foro-clcsure, the purchaser may operate such utility. SECTION I. Duty of Secretary of SlaU. The secretary of State is hereby directed to submit the proposed amendment to thv electors of the State at tha next general election in the manner provided by law. SECTION 2. Te Taks Effect. If adopted r the electors of thi State, this amendment amend-ment shall take effect on January 1st. 1933. I. M. H. W-IIing, Secretary of 8tate at ' the State of Utah, do hereby certify that 1 the foregoing is a full, true snd correct copy of the Constitutional Amendment proposed pro-posed by the regular session of the legislature legisla-ture of 1931 aa the same appears of record in my office. fn witness whereof, I have hereunto set my hand and affixed the Grant Sl mt the STate of Utah, this 6ta dsy Ot September, Septem-ber, 1930. (tIA14 Soerlur oi Suu. f I |
