State Codes and Statutes
Statutes > Utah > Title-17 > Chapter-52 > 17-52-40117-52-401. Contents of proposed optional plan.
(1) Each optional plan proposed under this chapter:
(a) shall propose the adoption of one of the forms of county government listed inSubsection 17-52-402(1)(a);
(b) shall contain detailed provisions relating to the transition from the existing form ofcounty government to the form proposed in the optional plan, including provisions relating tothe:
(i) election or appointment of officers specified in the optional plan for the new form ofcounty government;
(ii) retention, elimination, or combining of existing offices and, if an office is eliminated,the division or department of county government responsible for performing the duties of theeliminated office;
(iii) continuity of existing ordinances and regulations;
(iv) continuation of pending legislative, administrative, or judicial proceedings;
(v) making of interim and temporary appointments; and
(vi) preparation, approval, and adjustment of necessary budget appropriations;
(c) shall specify the date it is to become effective if adopted, which shall not be earlierthan the first day of January next following the election of officers under the new plan; and
(d) notwithstanding any other provision of this title and except with respect to anoptional plan that proposes the adoption of the county commission or expanded countycommission form of government, with respect to the county budget:
(i) may provide that the county auditor's role is to be the budget officer, to project countyrevenues, and to prepare a tentative budget to present to the county executive; and
(ii) shall provide that the county executive's role is to prepare and present a proposedbudget to the county legislative body, and the county legislative body's role is to adopt a finalbudget.
(2) Subject to Subsection (3), an optional plan may include provisions that areconsidered necessary or advisable to the effective operation of the proposed optional plan.
(3) An optional plan may not include any provision that is inconsistent with or prohibitedby the Utah Constitution or any statute.
(4) Each optional plan proposing to change the form of government to a form underSection 17-52-504 or 17-52-505 shall:
(a) provide for the same executive and legislative officers as are specified in theapplicable section for the form of government being proposed by the optional plan;
(b) provide for the election of the county council;
(c) specify the number of county council members, which shall be an odd number fromthree to nine;
(d) specify whether the members of the county council are to be elected from districts, atlarge, or by a combination of at large and by district;
(e) specify county council members' qualifications and terms and whether the terms areto be staggered;
(f) contain procedures for filling vacancies on the county council, consistent with theprovisions of Section 20A-1-508; and
(g) state the initial compensation, if any, of county council members and procedures forprescribing and changing compensation.
(5) Each optional plan proposing to change the form of government to the countycommission form under Section 17-52-501 or the expanded county commission form underSection 17-52-502 shall specify:
(a) (i) for the county commission form of government, that the county commission shallhave three members; or
(ii) for the expanded county commission form of government, whether the countycommission shall have five or seven members;
(b) the terms of office for county commission members and whether the terms are to bestaggered;
(c) whether members of the county commission are to be elected from districts, at large,or by a combination of at large and from districts; and
(d) if any members of the county commission are to be elected from districts, the districtresidency requirements for those commission members.
Amended by Chapter 131, 2003 General Session
