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Chapter 69 of the Laws of 1894, respectively, and all acts and parts of acts inconsistent with this act are hereby repealed.

Approved April 5, 1896.

corporate.

CHAPTER CXXXI.

COUNTY GOVERNMENTS.

AN ACT to establish a Uniform System of County Government.

Be it enacted by the Legislature of the State of Utah: SECTION 1. The several counties of the State, as County a body they now exist, and such other counties as may hereafter be organized, according to law, are bodies corporate and politic, and as such have the powers specified in this act, and such other powers as are necessarily implied.

Power exer

cised by county

Sec. 2. Their powers can only be exercised by the board of county commissioners, or by agents and officommissioners, cers acting under their authority, or authority of law. The selectmen of the various counties of the State. now in office are hereby constituted county commissioners of their respective counties.

etc.

County to be designated by

name.

Powers of county.

Sec. 3. The name of the county designated in the law creating it is its corporate name, and it must be designated thereby in all actions and proceedings touching its corporate rights, property, and duties. Sec. 4. It has power:

1. To sue and be sued.

2. To purchase and hold land within its limits necessary and proper for county purposes and tax sales.

3. To make such contracts and to purchase and hold such personal property as may be necessary to the exercise of its powers.

4. To manage and dispose of its property as the interests of its inhabitants may require.

5. To levy and collect such taxes, for purposes under its exclusive jurisdiction, as are authorized by law.

credit, or to

of current year

to incur lia

Sec. 5. No county shall, in any manner, give or Not to loan loan its credit to or in aid of any person or corporation. exceed taxes No county shall incur any indebtedness or liability, as debt. in any manner or for any purpose exceeding in any one year the taxes for the current year, without the assent of a two-thirds majority of such qualified electors Assent of voters. thereof, as shall have paid a property tax therein in bility. the year preceding such election, voting at an election to be held for that purpose, nor unless, before or at the time of incurring such indebtedness, provisions shall be made for the collection of an annual tax suffi- Tax for extra liability. cient 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 twenty years from the time of contracting the same. An indebted- Excess indebtness or liability incurred contrary to this provision shall be void.

edness valid.

tracts, etc.

Sec. 6. All contracts, authorizations, allowances, Invalid conpayments, and liabilities to pay, made, or attempted to be made in violation of this act, shall be absolutely void, and shall never be the foundation or basis of a claim against the treasury of such county. And all officers of said county are charged with notice of the condition of the treasury of said county, and the extent of the claims against the same.

sioners liable

Sec. 7. All county commissioners, and any other County commisofficer authorizing, or aiding to authorize, or auditing for damages by or allowing any claim or demand upon or against said zation. treasury, or any fund thereof, in violation of any of the provisions of this act, shall be liable in person, and upon their several official bonds, to the person or persons damaged by such illegal authorization, to the extent of the loss by reason of the non-payment of his or their claims.

ney to sue when

without author

Sec. 8. Hereafter, whenever any board of county County attorcommissioners shall, without authority of law, order money is paid any money paid as a salary, fees or for any other pur-ity of law. poses, and such money shall have been actually paid; or whenever any other county officer has drawn any warrant or warrants in his own favor, or in favor of any other person, without being authorized thereto by the board of county commissioners, or by law, and the same shall have been paid, the county attorney of such county is hereby empowered, and it is hereby made his duty to institute suit, in the name of the county, against such person or persons, and their official bonds

Removal of

county seat.

men to recover the money; and no order of the board of county commissioners therefor shall be necessary to maintain such suit; and Provided, further, That when the money has not been paid on such order or warrants, upon receipt of notice thereof, to commence suit, in the name of the county, for restraining the payment of the same; and no order of the board of county commissioners shall be necessary in order to maintain such suit.

Sec. 9. Whenever there shall be presented to the board of county commissioners of any county a petition, signed by the qualified electors of such county, in number equal to a majority of the votes cast at the preceding general election, praying for the submission of the question of the removal of the county seat of said county, it shall be the duty of the board of county commissioners by due proclamation, to submit the question of such removal of the county seat at the next general election to the qualified electors of such county. The election shall be conducted and the returns canvassed in all respects as provided by law for the conducting of general elections and canvassing the returns thereof; but a proposition of removal of the county seat shall not be submitted in the same county more than once in four years, nor within four years from the time when any such proposition has been heretofore submitted.

commissioners.

BOARD OF COUNTY COMMISSIONERS.

Sec. 10. Each county must have a board of county Board of county commissioners, consisting of three members. And until their successors are elected and qualified the three selectmen now in office in the respective counties in the State, shall constitute the board of county commissioners, and county commissioners are hereby vested with all the powers and charged with all the duties heretofore by law exercised by county selectmen.

Sec. 11. Each member of the board of county Qualifications. commissioners shall be an elector of the county which he represents and must have been such for at least one year immediately preceding his election, and shall be elected by the qualified electors of the county at large.

Election.

Sec. 12. The county commissioners shall be elected at the general election held in the year 1896 and every two years thereafter, and shall hold office for

two years, and until their successors are qualified. They shall take their office on the first day of January after their election.

Sec. 13. Whenever a vacancy occurs in the board Vacancy. of county commissioners of the county, the board of county commissioners may fill the vacancy by appointment, and the appointee shall hold the office for the unexpired term.

and quorum.

Sec. 14. The county commissioners shall elect Organization one of their number chairman, who must preside at all meetings of the board, or in case of his absence or inability to act, the members present must, by an order entered on the records, select one of their number to act as chairman temporarily. Any member of the board may administer oaths to any person, when necessary, in the performance of his official duties. Not less than two members shall constitute a quorum for the transaction of business, and no act of the board shall be valid or binding unless two members concur therein.

Sec. 15. The county clerk is the clerk of the clerk. board of county commissioners. The records and minutes of the board must be signed by the chairman and the clerk.

CLERK OF BOARD.

Sec. 16. The clerk of the board must:

1.

Record all the proceedings of the board.

2. Make full entries of all their resolutions and decisions on all questions concerning the raising of money for and the allowance of accounts against the county.

3. Record the vote of each member on any question upon which there is a division.

4. Immediately after the adjournment of each meeting of the board, prepare and certify duplicate lists of all claims allowed and orders made for the payment of money, giving the name of the claimant or payee named in the claim or order, the amount and date of each claim or order and the date of the allowance thereof, which said lists shall be countersigned by the chairman of the board: and therefter said clerk shall deliver to and leave with the auditor one of said lists, and shall deliver to and leave with the treasurer the other list.

5.

File and preserve the reports of the county

Duties of clerk of board.

Board must keep minute book.

Allowance book.

Road book.

Franchise book.

treasurer of the receipts and disbursements of the county.

6. Preserve and file all accounts acted upon by the board.

7. Preserve and file all petitions and applications for franchises, and record the action of the board thereon.

8. Authenticate with his signature and the seal of the county clerk the proceedings of the board, whenever the same shall be ordered published.

9. Authenticate with his signature and the seal of the county clerk all the ordinances or laws passed by the board, and record the same at length in the "Ordinance Book."

10. Record all orders levying taxes; and

11.

Perform all other duties required by law, or any rule or order of the board.

Sec. 17. The board must cause to be kept:

1. "A "Minute Book" in which must be recorded all orders and decisions made by them, and the daily proceedings had at all regular and special meetings.

2. An "Allowance Book," in which must be recorded all orders for the allowance of money from the county treasury, to whom made, and on what account, dating, numbering and indexing the same through each year.

3. A "Road Book," containing all proceedings and adjudications relating to the establishment, maintenance, change and discontinuance of roads and road districts.

4. A "Franchise Book," containing all franchises granted by them, for what purpose, the length of time, and to whom granted, the amount of bond and license tax required.

5. A "Warrant Book," to be kept by the county Warrant book. auditor, in which must be entered, in the order of drawing, all warrants drawn on the treasury, with their number and reference to the order, on the minute book, with date, amount on what account, and name of payee. 6. An "Ordinance Book," in which must be entered all ordinances or laws duly passed by the board. Sec. 18. The board of county commissioners Regular meet- must, by ordinance, provide for the holding of regular meetings of the board at their respective county seats.

Ordinance book.

ings.

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