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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2-303

If a municipality changes class, its existing rights, ordinances, officers, government form, and pending proceedings generally continue unchanged.

Source excerpt

continuity of rights and liabilitieslocal ordinancesmunicipal administrationmunicipal governanceproperty succession
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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01

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“If a municipality changes class, its existing rights, ordinances, officers, government form, and pending proceedings generally continue unchanged.”

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Effect of change in class.

If a municipality changes class, its existing rights, ordinances, officers, government form, and pending proceedings generally continue unchanged.

Section 10-2-303

Subsection 10-2-303(1)(b)

A municipal contract, claim, right, demand, or liability is not to be altered or affected by the change.

Section 10-2-303(1)(b)

Subsection 10-2-303(2)

A change in a municipality’s class does not affect its legal actions, prosecutions, business, or work; proceedings continue as if no change occurred.

Section 10-2-303(2)

Subsection 10-2-303(2)(b)

If a municipality changes class and the new-class law gives it a different remedy for a right it already had, the earlier remedy becomes cumulative.

Section 10-2-303(2)(b)

04

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In force source record

Source record from le.utah.gov · Legal dates not recorded

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Showing 11 of 11 provisions

Provision 8Repeal 3

Part 10-2-3

part 10-2-3 Classification of Municipalities

§ 10-2-303Effect of change in class.Repeal

Source excerpt

If a municipality changes class, its existing rights, ordinances, officers, government form, and pending proceedings generally continue unchanged.

Effect of change in class. If a municipality changes from one class to another: all property, property rights, and other rights that belonged to or were vested in the municipality at the time of the change shall belong to and be vested in it after the change; no contract, claim, or right of the municipality or demand or liability against it shall be altered or affected in any way by the change; each ordinance, order, and resolution in force in the municipality when it changes classes shall, to the extent that it is not inconsistent with law, not be affected by the change and shall remain in effect until repealed or amended; the change may not affect the identity of the municipality; each municipal officer in office at the time of the change shall continue as an officer until that officer's term expires and a successor is duly elected and qualified; and the municipality maintains after the change in class the same form of government that it had immediately before the change. A change in class does not affect an action at law, prosecution, business, or work of the municipality changing classes, and proceedings shall continue and may be conducted and proceed as if no change in class had occurred. Notwithstanding Subsection (2)(a) , if the law applicable to a municipality under the new class provides the municipality a different remedy with respect to a right that it possessed at the time of the change, the remedy shall be cumulative to the remedy applicable before the change in class.
Section 10-2-303Verify source
§ 10-2-303(1)Subsection 10-2-303(1)Repeal

Source excerpt

If a municipality changes from one class to another: all property, property rights, and other rights that belonged to or were vested in the municipality at the time of the change shall belong to and be vested in it after the change; no

If a municipality changes from one class to another: all property, property rights, and other rights that belonged to or were vested in the municipality at the time of the change shall belong to and be vested in it after the change; no contract, claim, or right of the municipality or demand or liability against it shall be altered or affected in any way by the change; each ordinance, order, and resolution in force in the municipality when it changes classes shall, to the extent that it is not inconsistent with law, not be affected by the change and shall remain in effect until repealed or amended; the change may not affect the identity of the municipality; each municipal officer in office at the time of the change shall continue as an officer until that officer's term expires and a successor is duly elected and qualified; and the municipality maintains after the change in class the same form of government that it had immediately before the change.
Section 10-2-303(1)Verify source
§ 10-2-303(1)(a)Subsection 10-2-303(1)(a)Provision

Source excerpt

all property, property rights, and other rights that belonged to or were vested in the municipality at the time of the change shall belong to and be vested in it after the change;

all property, property rights, and other rights that belonged to or were vested in the municipality at the time of the change shall belong to and be vested in it after the change;
Section 10-2-303(1)(a)Verify source
§ 10-2-303(1)(b)Subsection 10-2-303(1)(b)Provision

Source excerpt

A municipal contract, claim, right, demand, or liability is not to be altered or affected by the change.

no contract, claim, or right of the municipality or demand or liability against it shall be altered or affected in any way by the change;
Section 10-2-303(1)(b)Verify source
§ 10-2-303(1)(c)Subsection 10-2-303(1)(c)Repeal

Source excerpt

Municipal ordinances, orders, and resolutions in force when the municipality changes classes are not affected by the change, to the extent they are consistent with law, and remain in effect until repealed or amended.

each ordinance, order, and resolution in force in the municipality when it changes classes shall, to the extent that it is not inconsistent with law, not be affected by the change and shall remain in effect until repealed or amended;
Section 10-2-303(1)(c)Verify source
§ 10-2-303(1)(d)Subsection 10-2-303(1)(d)Provision

Source excerpt

A change may not affect the municipality’s identity.

the change may not affect the identity of the municipality;
Section 10-2-303(1)(d)Verify source
§ 10-2-303(1)(e)Subsection 10-2-303(1)(e)Provision

Source excerpt

Municipal officers in office when the change occurs continue in office until their term ends and a successor is elected and qualified.

each municipal officer in office at the time of the change shall continue as an officer until that officer's term expires and a successor is duly elected and qualified; and
Section 10-2-303(1)(e)Verify source
§ 10-2-303(1)(f)Subsection 10-2-303(1)(f)Provision

Source excerpt

After a class change, the municipality keeps the same form of government it had before the change.

the municipality maintains after the change in class the same form of government that it had immediately before the change.
Section 10-2-303(1)(f)Verify source
§ 10-2-303(2)Subsection 10-2-303(2)Provision

Source excerpt

A change in a municipality’s class does not affect its legal actions, prosecutions, business, or work; proceedings continue as if no change occurred.

A change in class does not affect an action at law, prosecution, business, or work of the municipality changing classes, and proceedings shall continue and may be conducted and proceed as if no change in class had occurred. Notwithstanding Subsection (2)(a) , if the law applicable to a municipality under the new class provides the municipality a different remedy with respect to a right that it possessed at the time of the change, the remedy shall be cumulative to the remedy applicable before the change in class.
Section 10-2-303(2)Verify source
§ 10-2-303(2)(a)Subsection 10-2-303(2)(a)Provision

Source excerpt

A change in class does not affect an action at law, prosecution, business, or work of the municipality changing classes, and proceedings shall continue and may be conducted and proceed as if no change in class had occurred.

A change in class does not affect an action at law, prosecution, business, or work of the municipality changing classes, and proceedings shall continue and may be conducted and proceed as if no change in class had occurred.
Section 10-2-303(2)(a)Verify source
§ 10-2-303(2)(b)Subsection 10-2-303(2)(b)Provision

Source excerpt

If a municipality changes class and the new-class law gives it a different remedy for a right it already had, the earlier remedy becomes cumulative.

Notwithstanding Subsection (2)(a) , if the law applicable to a municipality under the new class provides the municipality a different remedy with respect to a right that it possessed at the time of the change, the remedy shall be cumulative to the remedy applicable before the change in class.
Section 10-2-303(2)(b)Verify source

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