17-35b-302 - Urban county structural form of county government.
17-35b-302. Urban county structural form of county government.
(1) The structural form of county government known as the "urban county" form retains,without change or modification, except to the extent that changes or modifications may beeffectuated under other proceedings authorized by law, all existing incorporated cities and towns,special taxing districts, public authorities, service areas, and other local public entitiesfunctioning within the boundaries of the county. Under this form of government, the countyremains vested with all powers and duties vested in counties by general law, but in addition isvested with and empowered to exercise within the unincorporated territory of the county allpowers and duties which, by general law, are conferred upon cities whose population is equal tothat of the unincorporated territory of such county.
(2) The urban county is empowered to enter into contractual arrangements for the jointexercise of powers or for performance of services and, for that purpose, may employ and besubject to the provisions of Title 11, Chapter 13, Interlocal Cooperation Act. By contract, theurban county may perform for any city, town, special taxing district, public authority, servicearea, or other local public entity within the county any governmental service or function whichsuch entity is lawfully empowered to perform for itself within its own territory, or which thecounty is lawfully empowered to perform anywhere within the county boundaries. No contractservice or function shall be performed by the county except for a consideration which is at leastsubstantially equal to the cost of performing it.
(3) The plan for an urban county form of county government may provide fororganization of the unincorporated territory of the county into one or more service areas and, forthis purpose, may provide for special organizing or implementing procedures which differ fromthose provided in Title 17B, Chapter 2a, Part 9, Service Area Act. Except to the extent that theplan provides to the contrary, all noncontract services and functions lawfully performed by thecounty solely within unincorporated territory and not on a countywide basis shall, after theeffective date of the plan, be considered performed and extended solely as services of, andfinanced by and through, the county service area. The plan may provide for, limit, or conditionthe services and functions which the urban county is authorized to perform and extend within theterritory of incorporated cities and towns within the county and may provide procedures by whichsuch provisions, limits, or conditions may be established and changed from time to time.
(4) The plan for the urban county shall provide for the election of a county council,composed of not less than three members. The council shall be the county legislative body andshall exercise all legislative powers authorized by law. The plan shall specify:
(a) whether the members of the council are to be elected from districts, at large, or by acombination of district and at-large constituencies;
(b) their qualifications and terms of office, and whether such terms are concurrent oroverlapping;
(c) grounds for and methods for removal of council members from office;
(d) procedures for filling vacancies on the council, provided that the procedures shallconform with Section 20A-1-508; and
(e) the compensation, if any, of council members together with procedures forprescribing and changing such compensation from time to time.
Amended by Chapter 329, 2007 General Session