Utah State Constitutional Convention 1895 (2020 Edition)

Proceedings and Debates of the Convention Assembled to Adopt a Constitution for the State of Utah

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Session 7357: 1895-03-20 14:00:00

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Report from the Committee on Municipal Corporations [Report No. 4]

There are 0 proposed amendments related to this document on which decisions have not been taken.

Your committee on municipal corporations respectfully report for your consideration the accompanying article on municipal corporations and recommend its adoption.

We also report back the following propositions reported to us_some of the provisions of which we have utilized, in part or in whole, and some we have not:

File No. 10, by Eichnor, of Salt Lake City.

File No. 11, by Chidester, of Garfield County.

File No. 18, by Thoreson, of Cache County.

File No. 43, by Allen, of Piute County.

File No. 62, by Cushing, of Salt Lake County.

File No. 64, by Eichnor, of Salt Lake County.

File No. 75, by Peters, of Box Elder County.

File No. 79, by Francis, of Morgan County.

File No. 81, by Francis, of Morgan County.

File No. 106, by Cushing, of Salt Lake County.

File No. 107, by Cushing, of Salt Lake County.

File No. 108, by Shurtliff, of Salt Lake County.

File No. 116, by Thoreson, of Cache County.

We also recommend that files No. 18 and 107 be referred to the committee on revenue and taxation.

EICHNOR,

Chairman.

Section 1. —The several counties of the territory of Utah, existing at the time of the adoption of this constitution are hereby recognized as legal sub-divisions of this state, and the precincts and school districts as now existing in the said counties as legal sub-divisions thereof, and shall continue until change by law in pursuance of this article.

Sec. 2. —No county seat shall be removed unless two-thirds of the qualified electors of the county voting on the proposition at the general election shall vote in favor of such removal and two-thirds of the votes cast on the proposition shall be required to re-locate a county seat. A proposition of removal shall not be submitted in the same county more than once in four years.

Sec. 3. —There shall be no territory stricken from any county unless a majority of the voters living in such territory shall vote therefor, and then only under such other conditions as may be prescribed by a general law applicable to the whole state. Every county which shall be enlarged or created from territory taken from any other county or counties shall be liable for a just proportion of the existing debts and liabilities of the county or counties from which such territory shall be taken, provided, that in such accounting neither county shall be charged with the debt or liabilities then existing incurred in the purchase of any county property or in the purchase or under construction of any county buildings then in use or under construction which shall fall within and be retained by the county.

Sec. 4. —The legislature shall establish a system of county government which shall be uniform throughout the state and by general laws shall provide for precinct or township organization under which any county may organize when ever a majority of the qualified electors of such of such county voting at the general election shall so determine, and whenever a county shall adopt precinct or township organization, the assessments and collection of the revenue shall be made, and the business of such county, and the local affairs of the several precincts or townships therein,, shall be managed and transacted in the manner prescribed by such general law.

Sec. 5. —Corporations for municipal purposes shall not be created by special laws; but the legislature, by general laws, shall provide for the incorporation, organization and classification, in proportion to population of cities and towns, which laws may be altered, amended or repealed. Cities ad towns heretofore organized or incorporated, may become organized under such general laws when ever a majority of the electors voting at a general or special election shall so determine and shall organize in conformity therewith; and cities or towns heretofore organized, and all charters thereof framed by authority of this constitution, shall be subject to and controlled by general laws.

Sec. 6. —No municipal corporation shall in any manner, directly or indirectly, lease, sell, alien or dispose of any water works, water rights or sources of water supply now or hereafter owned or controlled by it, but all of such water works, water rights and sources of water supply now owned or hereafter acquired by any municipal corporation shall be preserved maintained and operated by it for the supply of its inhabitants with water at reasonable charges: provided, that nothing herein contained shall be construed to prevent any such municipal corporation from exchanging any water rights or sources of water supply for other water rights or sources of water supply of equal value and to be devoted in like manner to the public supply of its inhabitants.

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