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Show Constitutional Amendment RELATING TO MUNICIPAL CORPORATIONS A joint resolution proposing n amendment to Section 5. of Article XI of the constitution consti-tution of the State of Utah, relating to municipal corporations. Be It resolved by the Legislature of the State of Utah, two-thirds of all the members mem-bers elected to each of the two house Toting in faror thereof: SECTION 1. Section proposed to be mended. Thnt 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 in corpora ted 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 con-ferred con-ferred upon cities. Corporations for municipal mu-nicipal purposes shall not be created by special laws. The legislature by general laws shall provide for the incorporation, organization and classification of cities an-1 towns in proportion to population, which laws may be altered, amended or repealed.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 itj member, and upon petition of qualified electors to the number of fifteen per cent of all ot-s 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: "Shnll 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 member of the proposed commission, but without party designation. Such candidates shall be nom- i innted in the same manner as required by law for nomination of city officers. If a majority of the electors voting on the question of choosir.ir a commission shall rote 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 b determin'-? by the charter commission, which sh:ill be not Irs than sixty days sub-seiu?nt sub-seiu?nt to it completion and distribution among the electors and nt more than one year from s'ich date. Alternative provisions provi-sions mr.y also be submitted to be voted upon separably. Th? comnu-sion shall make provisions for the distribution of copies of the proposed charter an-i of any alternative provisions to the qualified eU'C- I tors of the city, riot less than sixty days before be-fore th election at which it i voted upon. Such proposed charter and such ah'-mntive pro.isions as are approved Ly a majority of . the electors voting tiie-con, ehnll become an i orennic of surh city nt su-h time at may le f'xed therein, r.nd ?hn!l survrnetle any exi?tir.rr charter find all laws afrVctini the organization and government of s::ch city which ore now in onf lict th" row ith. Within thirty days after its approval a copy of such charter as ndopti-d. certified by th mayor and city recorder and itithrnticat d by the seal of such city. bail be mane in duplicate and deposited, one in the office of-fice of th-? secretary of State and the other in the office of the city record.' r . and thereafter a'l courts shall take jud.cial notice of such charter. Amendments to any such charter mny he framed and submitted by a charter r m-mission m-mission in the flnme manner a.- provide I for making of charters, or may be proposed pro-posed by the legislative authority of the ei'.y upon a two-thirds vote thereof, or by petition of qualified electors to a num ber equal to fifteen per cent of the total i votes cast for mayor on the next prece1- fng election, and any such amendment may be submitted at the next regular piu- j nicipal election, and having been approved by the majority of the electors voting thereon, there-on, shall become part of the charter at the time fixed in such amendment and shall he certified and filed aa provided in caae I of charters. I Each city forming it chuter under this ection shall have-, and is hereby granted, the authority to exercise all powers roUtin to- municipal affairs, and to adnpt and enforce en-force within Us limits, local police. snnitry and rbnilar regulations not in conflict with the general law, and no ennmeration of powers in this ou Dili tut ion or any law hall 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 publio utilities, util-ities, not munirjpnlly owned, if any such regulation of public utilities is provided fo-by fo-by rnvral law, nor be deemed to limit or restrict the power of the legislature in matter mat-ter relating to Stat affairs, to enact general laws applicable alike to all citie of the State. The power to be conferred upon the citlee by this section shall include the following: (a) To levy, nsso and collect taxes and borrow money, within the limits prescribed by genera) law. and tn levy and collect special spe-cial assessments for lnnrf its con ferred. (b) To furnish ull local public service; to purchase, hire, construct, own, mnin-tain mnin-tain or operate, or lease, puhlic utilities local in extent and use; to acquire by condemnation, con-demnation, or otherwise, within or without with-out the forpnrnt limits, property neces-ary neces-ary for any such purposes, subject to restrictions re-strictions imposed by general Juw for th protection of other communities : and to grant local public utility franchises and within its powers regulate the exercise thereof. f c I To mnke local public improvement nd to acquire by condemnation, or otherwise, other-wise, property within its corporate limit neccsnary for such improvements; and also to acquire an excena over thnn (that) needed need-ed for any such improvement and 1o sell or lenne auch excess property with restrictions, in order to protect and prenerve tho Improvement. Im-provement. (d) To lusue and sell bonds on the eurity of any such excess pn.perty, or of any public utility owned by the city, or ot the revenues thereof, or both, including, it. 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. HKCTION 2. Duty of Secretary of SlaU. The secretary of State is hnrvby directed to submit the proposal nivmlmant tn th- letra of the State at the next ffnrai election in the manner provided by law. HKCTION 3. To Take Kffecl. If adopted by the electors of this State, this anv-nd. mnt ahall take effect on January 1st, ma. 1. M. H. W-fllng. Secretary of State 1 the State of Utah, do heretry cortify that the foregoing Is a full, true and correct copy of the Constitutional Amendment proposed pro-posed by tho regular session of the kictsla-ture kictsla-ture of IBM as the unit appears of reeord in my office. fn witness whtrof, I have hereunto tt my hnnd and afTlxed the (Irent Seal of the State of Utah, this fr.h day of September, Septem-ber, lif-10. (8KAL) Bocr.Urj of SUU. I |