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Show Conslilulional Amendment KKI.ATINt; TO MUNICIPAL. m CDUPOUATIONS A Joint rrs-ilution irool" tn nmfinlment tit Serllun , of ArlU-lr XI of ! cnll- tution of Ih Slut of LUnh. rUtln to muiiicipnl rnriiumtUiii. Br It rmolvrd by th !.BlUturf of th 8ttf of Htnh. two-third of nil the niim- bri cUclnl to rnch of th two hoiur vntintr l fnvor thereof I SKi'TlON 1. Section proposed to b mentleit. That it is propoHfil to nmend K.-cIion h ot Artu-le XI of the constitution of iho Stnte of Utuh. o thut Ihe lann will ( rend ii 9 fnllows : 8KCTION 5. Munlrlpnl corporation rented by ireneral Inw of leKialntur Incorporated In-corporated cities or town may frame and adopt chnrtrr manner preicribed charter to be- auhmittrd to electora copies to be dititrihuted city recorder to file with aec retnry of State amendments powera con-ferred con-ferred upon cities. Corporations for mu-nlclpnl mu-nlclpnl purposes shall not be created by special Inws. The letiislnture by (rei-eral laws shfill provide for the Incorporation, orpnnitntion and clnssiflcation of cities and towns in proportion to population, which taws mny be altered, amended or repealed- Any incorporated city or town may frame nd adopt a charter for its own government hi the follow in manner: The legislative authority of the city nay. by two-thirds vote of its members, nd upon petition of qualified electors to the number of fifteen per cent of all otea east at the next preceding election for the office of the mayor, shall forthwith pro-ride pro-ride by ordinance for the submission to the lectors 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 reculnr 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 1 designation. Such candidates shall be nominated nom-inated in the same manner as required by taw for nomination of city officers. If a majority of the electors voting on the question of choosing a commission shall rote in the affirmative, then the fifteen , candidates receiving a majority of the rotes cast at such election, shall constitute the charter commission, and shall proceed t frame a charter. Any charter so framed Bhall 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 m.iy 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 ths 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 lnws affecting the organization and government of such city which are now In conflict therewith Within thirty days after ita approval a copy at 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 offers of-fers of the secretary of State and the othr In the office of the city recorder, and thereafter all courts shall take judicial otice of such charter. Amendments to any such charter may bs framed and submitted by a charter ccm-mission ccm-mission in the same manner as providei far making of charters, or may be proposed pro-posed by the legislative authority of the Hty upon a two-thirds vote thereof, or by petition of qualified electors toa number num-ber equal to fifteen per cent of the total rotes cast for mayor on the next prcea-Ins prcea-Ins election, and anv such nmondmpnt mmr 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 th time fixed in such amendment and shall b certified and filed as provided in cast W charters. Each city forming its charter under this ction 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 nd similar regulations not in conflict with , tho 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 fo by general'law. nor be deemed to limit or restrict the power of the legislature in mat- ' ters relating to State affairs, to enact seneral laws applicable alike to all cities . of the State. The power to be conferred upon the cities 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 con-dpmnation, con-dpmnation, 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 ita 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 ft.hatl neeri. 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 tho revenues thereof, or both, including, In ths 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 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, do hereby certify that the foregoing is a full, true and correct cot;y of the Constitutional Amendment proposed pro-posed by the regular session of the legisla-, 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 Seal of ths State of Utah, this 6th day of September, Septem-ber, 1930. |