17-35b-304 - Consolidated city and county -- Structural form.
17-35b-304. Consolidated city and county -- Structural form.
(1) The structural form of county government known as the "consolidated city andcounty" form unites in a single consolidated city and county government the powers, duties, andfunctions which, immediately prior to its effective date, are vested in the county, the largest cityin the county, such other cities and towns as elect to merge in it, and all special taxing districts,public authorities, county service areas, and other local public entities functioning within theboundaries of the county, except school districts. The consolidated government shall with theconsent of the continuing municipalities have power to extend on a countywide basis anygovernmental service or function which is authorized by law or which the previous county, cities,and other local public agencies included in them were empowered to provide for their residents.No such service, however, shall be provided within an incorporated municipality which continuesto provide that such service for its own inhabitants, except upon a contract basis for themunicipality. No taxes, assessments, fees, or other charges shall be extended or collected by theconsolidated government within any municipality for the purpose of financing any service whichis not provided by the consolidated government within the municipality. "Largest city," as used inthis section, means a city or cities the population of which, as shown by the most recent decennialor special census, exceeds 35% of the total county population.
(2) The incorporated cities and towns, other than the largest city in the county, shall retainindependent corporate existence and shall continue to provide local services to their inhabitants ofthe type and to the extent provided in the plan; but any such city or town by majority vote of itsqualified voters cast either concurrently with the election at which the plan is approved orsubsequently to it, as provided by the governing body of the city or town, may cause the city ortown to be dissolved and its powers, duties, and functions vested in the consolidated government.
(3) The governing body of the consolidated government shall be a council composed ofnot less than five persons elected as specified in the plan. In addition to other powers vested in theconsolidated government by law or pursuant to this act, the county council shall have all thelegislative and policymaking powers which it is possible for the governing body of a county or acity to possess and which are not expressly denied by the constitution, by general law applicableto all cities or all counties, or by a specific restriction in the plan itself.
(4) Except as provided in this act, the qualifications, mode of election, term of office,method of removal, procedure to fill vacancies, compensation, or other appropriate provisionsrelating to membership on the county council shall be provided in the plan.
(5) Upon the effective date of the plan, as provided in it, all properties and assets,whether tangible or intangible, and all obligations, debts, and liabilities of those governmentalentities which are merged into the consolidated government shall become vested and transferredby operation of law in and to the consolidated government. The properties, assets, obligations,debts, and liabilities of any city or town not merged into the consolidated government, so far asallocated, used, or incurred primarily to discharge a function which under the plan will no longerbe a responsibility of the city or town, shall likewise be vested in and transferred to theconsolidated government. All transfers under this Subsection (5) shall be subject to equitableadjustments, conditions, and limitations provided in the plan and determined by proceduresspecified in the plan, but the contractual rights of any bondholder or creditor shall not beimpaired.
(6) Upon the effective date of the plan, and as provided in it, nonelective officers andemployees of the governmental entities which are merged into the consolidated government and
such officers and employees of nonmerged cities or towns whose qualifications and duties relateprimarily to functions which under the plan will no longer be a responsibility of those cities ortowns shall be blanketed in and transferred to the consolidated government as officers andemployees of it. Standards and procedures relating to such personnel transfers and for resolvingdisputes or grievances relating to them shall be provided in the plan.
Enacted by Chapter 369, 1998 General Session