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Show " T . Constitutional Amendment "I Klil.ATlNU TO MUNICIPAL ' COKl'OltATLONS A Joint rf!ohitiun proposing an amendment to iSertion 0. f Article l of the coitt-tutloit coitt-tutloit o( the tiirttc of I lull, rclullna lo iminitipnl corporations. Be ll resolved by the I f irtslaturg of lh State of lUiih. two-thirds of all the mom-h mom-h ri circled lo ouch of tli two hou voting In favor thereof: 8KCTION 1. Section proposed to be mended. That It is propt'd t amend s.vtion of Article XI of the constitution of the Statu of lltnh, to that tho anme will rend ft; follows : SECTION S. Municipal corporation rented by general law of legislature incorporated in-corporated cttlcit or town mat 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 eon-ferred eon-ferred upon cities. Corporations for municipal mu-nicipal purposes shall not be created by special law. The legislature by general laws shall provide for the incorporation, organisation and classification of cities and towns in proportion to population, which laws may be altei-ed. amended or repealed. Anv incorporated city or town may frame and adopt a charter for iU own government in the following manner: The legislative authority of the city may. by two-thirds vote of its members, and upon petition of qualified electors to the nuniher of fifteen per cent of all trt enst at the next preceding election for the office of the mayor, shall forthwith provide pro-vide by ordinance for the submission to the lectors of the question: "Shall a commission commis-sion be chosen to frame a charter T" The ordinance shall require that the question . be submitted to the electors at the next 't- 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 cit 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 voted 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 affecting the organization and government of such 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 of-fire of-fire of the secretary of State and the othr 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 aa 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 of the 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 section 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 similar 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 citiea by this section shall include the following: (a) To levy, asses? 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 purpose, subject to restrictions re-strictions imposed by general law for the protection of other communities ; and to grant local public utility franchises and within its powers regulate the exercise thereof. (c) To make local 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 need-ed 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 such excess property, or of any public utility owned by the city, or of tha 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. I 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 general election in the manner provided by law. SECTION 3. To Take Effect. If adopted by the electors of this State, this amendment amend-ment shall take effect on January 1st, 1933. I, M. H. Welling, Secretary of State of the State of Utah, da hereby certify that the foregoing is a full, true and correct copy of the Constitutional Amendment proposed pro-posed by the regular session of the iegisla- ture of 1931 as the same appears of record in my office. In witness whereof, I have hereunto get my hand and affixed the Great Seal of the State of Utah, this 5th day of September, Septem-ber, 1930. (SEAL) Secretary of State. ft |