10-7 - Miscellaneous Powers of Cities and Towns
Title 10 > 10-7
Sections (14)
10-7-8 - Resolution on bond issue — Election as provided by Local Government Bonding Act.
10-7-8(1) When the board of commissioners, city council or the town board of trustees of any city or town shall have decided that incurring such bonded indebtedness is advisable, it shall by resolution specify the purpose for which the indebtedness is to be created and the amount of bonds which it is proposed to issue, and shall provide for submitting the question of the issue of such bonds to the qualified electors of the city or town at the next general election, or at a special election to be called for that purpose by the board of commissioners, city council or board of trustees in such manner and subject to such conditions as is provided in Title 11, Chapter 14, Local Government Bonding Act. 10-7-8(2) This section does not require an election for the issuance of refunding bonds or other bonds not required by the Constitution to be voted at an election.
10-7-9 - Sale of bonds — Amount — Tax levy to pay interest — Utility rates — Sinking fund — Serial or term bonds.
10-7-9(1) The board of commissioners, city council or board of trustees as the case may be shall provide by ordinance for the issuance and disposal of such bonds; provided, that no such bonds shall be sold for less than their face value. 10-7-9(2) The board of commissioners, city council or board of trustees shall annually levy on all taxable property within the boundaries of the issuer a sufficient tax to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within the time for which such bonds are issued which levy shall be made without regard to any statutory limitation on the taxing power of such issuer which may now exist or, unless an express contrary provision appears in the statute, which may hereafter be enacted by the legislature; provided, that whenever bonds shall have been issued for the purpose of supplying any city or town with artificial light, water or other public utility the rates or charges for the service of the system or plant so constructed may be made sufficient to meet such payments, in addition to operating and maintenance expenses, and taxes shall be levied to meet any deficiencies. 10-7-9(3) Water or sewer bonds may be issued for a period not exceeding 40 years; other bonds may be issued for a period not exceeding 20 years. 10-7-9(4) Such bonds may be either serial or term bonds.
10-7-14.1 - Declaration of public policy.
10-7-14.1(1) Whereas, the purification of drinking water and the treatment of raw sewage are important to public health and welfare and create an unusual need for money with which to create proper facilities for the protection of the people of the state of Utah, it is hereby declared to be the public policy of this state to grant the privilege to municipalities to raise funds to improve the aforementioned health standards, to encourage the municipalities to provide that no waste shall be discharged into any waters of the state of Utah without first being given proper treatment, to provide for the treatment of water to be used for drinking purposes to protect the health of the citizens and to give municipalities the discretion to determine the priority of development of the facilities directed toward the elimination of health hazards and pollution of public waters. 10-7-14.1(2) The construction of the facilities herein mentioned shall be given an early priority in those areas where the present welfare of the people is endangered by the lack of such facilities.
10-7-26 - Streets and alleys used by railway companies.
10-7-26(1) As used in this section and in Sections 10-7-27, 10-7-29, 10-7-30, 10-7-31, 10-7-32, and 10-7-33, the terms “railway company” or “street railway company” means any company which owns or operates railway tracks on, along or across a street or alley in any city or town. 10-7-26(2) Nothing contained in this section or in the sections referred to in Subsection (1) shall be construed to exempt any railway company from keeping every portion of every street and alley used by it and upon or across which tracks shall be constructed at or near the grade of such streets in good and safe condition for public travel, but it shall keep the same planked, paved, macadamized or otherwise in such condition for public travel as the governing body of the city or town may from time to time direct, keeping the plank, pavement or other surface of the street or alley level with the top of the rails of the track.The portions of the streets or alleys to be so kept and maintained by all such railway companies shall include all the space between their different rails and tracks and also a space outside of the outer rail of each outside track of at least two feet in width, and the tracks herein referred to shall include not only the main tracks but also all sidetracks, crossings and turnouts constructed for the use of such railways.
10-7-27 - Street railway companies to restore streets.
10-7-27(1) Every street railway company shall at its own expense restore the pavement, including the foundation thereof, of every street disturbed by it in the construction, reconstruction, removal or repair of its tracks, to the same condition as before the disturbance thereof, to the satisfaction of the governing body having charge of such street. 10-7-27(2) The obligation imposed hereby shall, in cities other than cities of the first class, be in lieu and substitution of any and all other obligations of any such company to pave, repave or repair any street, or to pay any part of the cost thereof, and may be enforced in the same manner as similar obligations are or may be enforced under the laws of this state. 10-7-27(3) Nothing herein contained shall be considered to relieve any such company from the repayment of any money which has heretofore been advanced or expended by any city for any paving heretofore done under or by virtue of a specific contract or agreement made and entered into between the board of commissioners or the city council of any city and such company providing for the repayment thereof, but the obligation for such repayment shall be and remain enforceable as if this section had not been passed.
10-7-29 - Railway companies to repave streets.
10-7-29(1) All railway companies shall be required to pave or repave at their own cost all the space between their different rails and tracks and also a space two feet wide outside of the outer rails of the outside tracks in any city or town, including all sidetracks, crossings and turnouts used by such companies. 10-7-29(2) Where two or more companies occupy the same street or alley with separate tracks each company shall be responsible for its proportion of the surface of the street or alley occupied by all the parallel tracks as herein required. 10-7-29(3) Such paving or repaving by such railway companies shall be done at the same time and shall be of the same material and character as the paving or repaving of the streets or alleys upon which the track or tracks are located, unless other material is specially ordered by the municipality. 10-7-29(4) Such railway companies shall be required to keep that portion of the street which they are herein required to pave or repave in good and proper repair, using for that purpose the same material as the street upon which the track or tracks are laid at the point of repair or such other material as the governing body of the city may require and order; and as streets are hereafter paved or repaved street railway companies shall be required to lay in the best approved manner a rail to be approved by the governing body of the city. 10-7-29(5) The tracks of all railway companies when located upon the streets or avenues of a city or town shall be kept in repair and safe in all respects for the use of the traveling public, and such companies shall be liable for all damages resulting by reason of neglect to keep such tracks in repair, or for obstructing the streets. 10-7-29(6) For injuries to persons or property arising from the failure of any such company to keep its tracks in proper repair and free from obstructions such company shall be liable and the city or town shall be exempt from liability. 10-7-29(7) The word “railway companies” as used in this section shall be taken to mean and include any persons, companies, corporations or associations owning or operating any street or other railway in any city or town.
10-7-33 - Delinquent taxes — Installment payments — Election and waiver.
10-7-33(1) It shall be competent for the governing body, upon the written application of any company owning any such railway, to provide that such special taxes shall become delinquent and be payable in installments as in case of taxes levied upon abutting real estate as herein provided, but such application shall be taken and deemed a waiver of any and all objections to such taxes and the validity thereof. 10-7-33(2) Such application shall be made at or before the final levy of such taxes.
10-7-65 - Party plaintiff — Successive actions permitted.
10-7-65(1) All actions brought to recover any fine or to enforce any penalty under an ordinance of a city or town shall be brought in the corporate name of the city or town as plaintiff. 10-7-65(2) No prosecution, recovery, or acquittal for the violation of any such ordinance shall constitute a defense to any other prosecution of the same person for any other violation of any such ordinance although the different causes of action existed at the same time and if united would not have exceeded the jurisdiction of a justice court judge.
10-7-67 - Pleading — Reference to ordinance — Judgment enforced by imprisonment.
10-7-67(1) In all actions for the violation of any ordinance it shall be sufficient if the complaint refers to the title and section of the ordinance under which such action is brought. 10-7-67(2) Any person upon whom any fine or penalty shall be imposed may upon the order of the court before whom the conviction is had be committed to the county jail or the city prison or to such other place as may be provided for the incarceration of offenders until such fine, penalty and costs shall be fully paid.
10-7-72 - Appearance by agent of corporation — Bench warrant for default.
10-7-72(1) At the time appointed in the summons, the corporation shall appear by agent or attorney and plead thereto the same as a natural person. 10-7-72(2) In case no appearance is made on or before the hour appointed, the court may issue a bench warrant for the person served as the officer or agent of the corporation, requiring him to be brought forthwith before the court to plead on its behalf.
10-7-80 - Development committee — Appointment of members — Terms, compensation and expenses, vacancies and removal of members.
10-7-80(1) The board of city commissioners or council of any city within the state is hereby authorized and empowered to appoint by resolution an unpaid commission of three or more members, to be known as the city resource development committee. 10-7-80(2) One or more members of the board of city commissioners or council shall be designated by the board of city commissioners or council as members of such committee. 10-7-80(3) Each of the other members of the committee shall be a resident of the city. 10-7-80(4) The term of appointed members of the committee shall be two years and until their respective successors have been appointed. 10-7-80(5) The members of the committee shall serve as such without compensation, except that the board of city commissioners or council may provide for reimbursement of the members of the committee for actual expenses incurred, upon presentation of proper receipts and vouchers. 10-7-80(6) The board of city commissioners or council shall provide for the filling of vacancies in the membership of the committee and for the removal of a member for nonperformance of duty or misconduct.
10-7-84 - Expenditure of city funds authorized.
The board of city commissioners or council may expend city funds as are deemed advisable to carry out the purposes of this part.
10-7-87 - Cities authorized to appoint, contract with constables.
10-7-87(1) A city may appoint or contract with a constable to provide services described in Title 17, Chapter 78, Part 6, Constables, the same as if the city were a county. 10-7-87(2) A constable that is appointed or contracted with a city shall comply with the provisions of Title 17, Chapter 78, Part 6, Constables, in regard to the city the same as if the city were a county.
10-7-88 - Municipalities to approve, protect certain protection areas.
17, Chapter 81 , Agriculture, Industrial, and Critical Infrastructure Materials, the same as if the municipality were a county: 10-7-88(1) Section 17-81-101, Definitions; 10-7-88(2) Part 2, Proposal and Approval of Protection Area; 10-7-88(3) Part 3, Protection of Land in a Protection Area; 10-7-88(4) Part 4, Vested Mining Use; and 10-7-88(5) Part 5, Open Land and Working Agricultural Land Use.