(A) Authority and establishment. Pursuant to Utah Constitution Article XI, § 4, (the “optional plan statute”), this plan (the “plan”) establishes the “general county (modified)” structural form of county government, within the county. The governing body of the county shall be the County Commission (the “Commission”) as provided in § 31.01 of this code. The management arrangement for the county shall remain as provided by UCA Title 17, or other general laws applicable to county government.
(B) Continuity. This plan shall not change or disrupt the corporate existence, identity, contractual obligations or jurisdiction of the county. As provided in the optional plan statute, the county remains vested with all powers and duties vested in counties by general laws. Except as provided in this plan with respect to the predecessor County Commissioners and a new Council, the terms of office of elected county officers shall not be affected by this plan, and, except for the change from the predecessor County Commissioners to a new Council, the elected county officers shall retain their respective functions, responsibilities, powers and duties under applicable general law. Appointed county officers and members of county boards and commissions shall continue in their respective present offices, and county employees shall continue in their respective present offices, and county employees shall continue in their respective present positions, unless and until otherwise directed by the governing body, subject to applicable law. Existing county ordinances, resolutions and regulations shall not be affected by this plan, except as provided in § 30.02(D) of this code. Pending legislative, administrative or judicial proceedings shall not be affected by this plan (but shall be under the direction of a new Council when it takes office, subject to applicable law). This plan does not affect any school district, circuit or justice court, city, town, special taxing district, public authority, county service area or other local public entity within the county.
(C) Transition.
(1) This plan shall become effective immediately upon its approval by the voters of the county; provided, that the predecessor County Commissioners shall remain in office until new Council members take office pursuant to § 31.01(B)(3) of this code, at which time the terms of office of all of the predecessor County Commissioners shall expire. Immediately upon voter approval of this plan, the County Clerk shall file a certified true and correct copy of this plan with the Lieutenant Governor, as required by the optional plan statute.
(2) (a) As soon as practicable after this plan becomes effective, the County Clerk shall:
1. Select a date for the special election for members of the new Council, which date shall be a Tuesday not less than 85 nor more than 100 days after the election at which this plan was approved; and
2. Publish a notice stating that individuals wishing to run for office as Council members must submit nomination petitions in accordance with § 31.01(B)(4) of this code no later than the deadline date stated in the notice, which shall be not less than 55 nor more than 65 days prior to the date set for the special election for a new Council.
(b) If more than two timely and sufficient nomination petitions are received for the seat for any one district (as defined in § 31.01(B)(1)) of this code, or if more than four timely and sufficient nomination petitions are received for the two at large Council seats, the County Clerk shall schedule a primary election with respect to such Council seat or seats for a Tuesday not less than 20 nor more than 35 days prior to the date set for the special election for the new Council, and only the two candidates for each such Council district seat receiving the two highest vote totals at such special primary election, and only the four at large Council candidates receiving the four highest vote totals at such special primary election, shall be listed on the ballot at the special election for the new Council. The special election for the new Council and the special primary election, if any, shall be conducted, and notice of such elections shall be given, in substantially the manner provided by law for other county special elections.
(3) As soon as practicable after the new Council takes office, it shall determine to what extent, if any, implementation of this plan requires adjustments to the county budget appropriations, and the Council shall prepare and approve such adjustments, if any, in the manner provided by law (including, without limitation, compliance with any applicable notice and hearing requirements).
(Prior Code, § 1-5-1)
Editor’s note:
Per document dated 7-14-1997