2006 Utah Code - 10-2-303 — Effect of change in class.

     10-2-303.   Effect of change in class.
     (1) (a) If a municipality changes from one class to another:
     (i) 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;
     (ii) 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;
     (iii) 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to the extent that it is not inconsistent with law, not be affected by the change and shall remain in effect until repealed or amended;
     (iv) the change shall not affect the identity of the municipality;
     (v) 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
     (vi) except as provided in Subsection (1)(b), the municipality maintains after the change in class the same form of government that it had immediately before the change.
     (b) (i) If a town operating under a five-member council form of government changes classes to a fifth class city, its form of government shall, upon issuance of the lieutenant governor's certificate under Section 10-2-302, change to a six-member council form.
     (ii) As soon as practicable after the change in form of government under Subsection (1)(b)(i), the governing body shall appoint a sixth council member to serve until a successor is elected at the next municipal general election at which the mayor is not subject to election.
     (2) (a) 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.
     (b) 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.

Amended by Chapter 202, 2004 General Session