Utah State Constitutional Convention 1895 (2020 Edition)

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

Committee on Municipal Corporations

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Document introduced in:

Session 7497: 1895-03-13 10:00:00

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Proposition on Public Corporations [File No. 18]

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Proposition relative to Public Corporations. (File No. 18)

Public Corporations Introduced by Thoresen of Cache County

Section I. The several counties, cities, towns, and school districts in the Territory of Utah as they now exist are hereby declared to be public corporations of the State of Utah.

Section 2. The legislature shall pass … special law concerning(?) corporate powers, but all corporate powers shall be general and uniform in their application, to any and all of each class or corporations within the state.

Section 3. No county-, city, town, or school district in the State of Utah shall in any … create any ... unless exceeding two per centum of the assessed value of the taxable property in such county, city, town or school district as shown by the preceding years general assessment. Provided, however, that such corporation for obtaining water supplies or building sewerage or …, and additional indebtedness not exceeding four per centum may be created.

Section 4. No debt in excess of the revenue for the current year, shall in any number(?), be created by any public corporation in this state unless the creation of such debt shall have first been approved by a majority vote of the electors thereof.

Section 5. All debts, liabilities, tax levies, or assessments created by any corporations in excess of a provision of law, shall be void.

Section 6. The legislature shall by general law classify the several counties, cities, towns in the state, according to population and established subject to the provision of this article, system of governments for each class or such corporations, which shall be uniform throughout the State.

Section 7. Any county, city or town may make and enforce within its corporate limits all such local regulations as are or may be authorized by its charter or by general laws.

Section 8. The State shall never assume the debts of any public corporation unless such debts shall have been created to repel invasion or suppress insurrection or defend the state in war.

Section 9. No public corporation, by vote or its citizens or otherwise, shall ever become a stockholder in any … stock company or private corporation or associations or raise … … or … … or loan … credit …, or in aid or any such company corporation or association. Providing any public corporation may contract indebtedness for water sanitary and illuminating purposes, but such corporation shall own its just proportion or the property thus created and received from any income … therefrom its proportion to the whole .../so invested.

Municipal Corporations

Section (?). All cities and towns incorporated under the general laws or special charters or the Territory of Utah, may become organized under the general laws of this State, whenever a majority of the electors of such city or town, at a general elections, shall so determine … or such provisions therefor as may be made by law.

Section 15. No municipal corporation shall be organized nor shall any addition be made thereto after its organization, nor shall any such corporation disincorporate or restrict its limits, without the consent of a two-thirds majority vote or the electors residing within the district to be incorporated, disincorporated, added to, or cut off from such corporations, such consent to be obtained under such regulations as may be prescribed by law.

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