17-52a-302.  County legislative body initiation of adoption of optional plan — Procedure.

(1) 

Terms Used In Utah Code 17-52a-302

  • County: means a unit of local government that is a body corporate and politic and a legal subdivision of the state, with geographic boundaries as described in Section 17-50-104, and powers as provided in Part 3, County Powers. See Utah Code 17-50-101
  • County legislative body: means :Utah Code 68-3-12.5
  • Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
    (a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Optional plan: means a plan establishing an alternate form of government for a county as provided in Section 17-52a-404. See Utah Code 17-52a-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Study committee: means the committee that has five members appointed and charged with the duties as provided in Section 17-52a-403. See Utah Code 17-52a-102
  • (a)  A county legislative body may only initiate the process of adopting an optional plan by:

    (i)  approving a motion to establish a study committee to study changing the form of government; and

    (ii)  adopting a resolution to submit to the voters the question of whether the county should adopt an optional plan proposed by the study committee described in Subsection (1)(a)(i).

    (b)  The county legislative body may not submit to the voters an optional plan unless the optional plan complies with the requirements of Sections 17-52a-404 and 17-52a-405.
  • (2) 

    (a)  No later than 10 days after the day on which the county legislative body approves a motion as described in Subsection (1)(a)(i), the county legislative body shall notify the county executive of the county legislative body’s approval to establish a study committee.

    (b)  No later than 10 days after the day on which the county legislative body adopts a resolution as described in Subsection (1)(a)(ii), the legislative body shall send a copy of the optional plan that the legislative body recommends to:

    (i)  the county clerk; and

    (ii)  the county attorney for review in accordance with Section 17-52a-406.

    Amended by Chapter 47, 2020 General Session