ing into or leaving within the county, of persons afflicted with, or who have but recently been exposed to, any contagious disease. [C. L. § 187, sub. 27. Penalty for bringing insane person into the state, 2205. Power of county commissioners over insane persons, etc., 222171, 2187, 2200, 2205. REMOVAL OF COUNTY SEATS. 512. County seats. Removal. The county seats of the respective counties of this state, as now fixed by law, are hereby recognized as and declared to be the county seats of the respective counties. No county seat shall be removed unless two-thirds of the qualified electors of the county, voting on the proposition at a general election, shall vote in favor of such removal, and two-thirds of the votes cast on the proposition shall be required to relocate a county seat. Grounds for contest of location or relocation of art. 11, sec. 2. Special law for removal of county county seat, 914. Removal of county seat, Con. seat forbidden, Con. art. 6, sec. 26. 513. Id. Petition. Election. 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, at the next general election, to the qualified electors of such county; and such 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. 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. [C. L. §§ 212221*; '96, p. 518. FUNDING COUNTY INDEBTEDNESS. 514. County debts existing Jan. 4, 1896. Bond. The board of county commissioners of any county having an outstanding indebtedness on the fourth day of January, eighteen hundred and ninety-six, evidenced by bonds or warrants thereof, by an affirmative vote of all the members thereof, is empowered to fund and refund the same, and to issue bonds of the county therefor, in sums not less than one hundred dollars nor more than one thousand dollars each, having not more than twenty years to run, and bearing interest at a rate not to exceed five per cent per annum, payable semi-annually, which bonds shall be substantially in the following form: The county of No. promises to pay (twenty years (ten years after dollars, lawful money per cent per annum. in the state of Utah, for value received, or order, at the office of the treasurer of said county, in -, on the first day of hundred and after date), or at any time before that date and after date), at the pleasure of the county, the sum of of the United States, with interest at the rate of payable at the office of said treasurer, semi-annually, on the first day of and in each year, on presentation and surrender of the interest coupons hereto attached. This bond is issued by the board of county commissioners, in conformity to a resolution of said board, dated the day of , and under authority conferred upon said board by the provisions of an act of the legislature of Utah, entitled, (insert title of act and date of approval). hundred and In testimony whereof, the said county, by its board of county commissioners, has caused this bond to be signed by the chairman of the board, and attested by the county clerk, with his seal attached, this hundred and day of eighteen Chairman of the board of county commissioners. Attest: County clerk. And the interest coupons shall be substantially in the following form: The treasurer of -county, Utah, will pay to the holder hereof, on the day of eighteen hundred and dollars, lawful money, for interest on county bond No. at his office in Chairman of board of county commissioners. Attest: -, County clerk. ['96, pp. 524-5*. 515. Id. Duties of county treasurer. Sale of bonds. Whenever bonds so issued shall be duly executed, numbered consecutively, and sealed, they shall be delivered to the county treasurer and his receipt taken therefor, and he shall stand charged on his official bond with all bonds delivered to him and the proceeds thereof, and he shall sell or exchange the same under the direction of the board of county commissioners, on the best available terms, for any legal indebtedness of the county outstanding on the fourth day of January, eighteen hundred and ninety-six, but such bonds shall not be sold or exchanged for a less sum than their face value, together with accrued interest at the date of such sale or exchange; and if any portion of such bonds are sold for money, the proceeds thereof shall be applied exclusively to the payment of liabilities existing against the county at and before the date above named. When they are exchanged for bonds or warrants or other legal evidences of county indebtedness, the treasurer shall at once proceed to cancel the old bond and such other evidences of indebtedness, by stamping on the face thereof the amount for which they were received. the word "canceled," and the date of cancellation. He shall also keep a record of bonds sold or exchanged by him, by number, date of sale, amount, date of maturity, the name and postoffice address of purchasers, and, if exchanged, what evidence of indebtedness was received therefor; which record shall be open at all times for inspection by the public. Whenever the holder of any bond shall sell or transfer it, the purchaser shall notify the treasurer of such sale or transfer, giving at the same time the number of the bonds transferred and his postoffice address, and every transfer shall be noted on the record. The treasurer shall also report, under oath, to the board, semi-annually, a statement of all bonds sold or exchanged by him since the preceding report, and the date of such sale or exchange, and, when exchanged, a list or description of the county indebtedness exchanged therefor, and the amount of accrued interest received by him on such sale or exchange, which latter sum shall be charged to him as money received by him on bond fund, and so entered by him on his books; but such bonds shall not be sold or exchanged for any indebtedness of the county, except by the approval of the board of county commissioners of said county. No sale shall be made of any such bonds except to the highest bidder, after advertising bids for the purchase of the same for not less than three weeks in at least one newspaper published in the county, if there be a newspaper published in the county, and if not, then in some newspaper of general circulation published in the state, the right being reserved in such advertisement to reject any and all such bids. ['96, pp. 525-6. 516. Tax levy to pay interest and principal. The board of county commissioners shall cause to be assessed and levied each year, upon the taxable property in the county, in addition to the levy authorized for other purposes, a sufficient tax to pay the interest on outstanding bonds issued in conformity with the provisions of this chapter, accruing before the next annual levy, and in the tenth year after the issue of such bonds and in each year thereafter, a tax sufficient to pay one-tenth of the total amount of bonds issued; and the money arising from such levies shall be known as the bond fund, and shall be used for the payment of bonds and interest coupons, and for no other purpose whatever ; and the treasurer shall open and keep in his books a separate and special account thereof, which shall at all times show the exact condition of said bond fund. ['96, p. 526. 517. Bond fund. Payment of bonds. Whenever, after ten years from the date of the bond, the amount in the hands of the treasurer belonging to the bond fund, after setting aside the sum required to pay the interest maturing before the next levy, is sufficient to redeem five or more bonds, he shall notify by mail the owner of such bond or bonds, that he is prepared to pay the same. with all interest accrued thereon, and that if not presented for payment or redemption within forty days after the date of such notice, the interest on such bond shall cease, and the amount due thereon shall be set aside for its payment whenever presented. The notice shall be directed to the owner's postoffice address, as shown by the record kept in the treasurer's office. If said bonds are not so presented, interest shall cease, and the amount due shall be set aside as specified in said advertisement. All redemptions shall be made in the exact order of their issuance, beginning at the lowest or first number, and the notice herein required shall be directed to the postoffice address of the owner, as shown by the record kept in the treasurer's office. ['96, pp. 526-7. CREATING BONDED INDEBTEDNESS. 518. Submitting question to voters. Bonds. Sinking fund. The board of county commissioners can contract a bonded indebtedness other than such as is authorized by section five hundred and fourteen only as follows: the board shall by order specify the particular purpose for which the indebtedness is to be created, and the amount of bonds which it is proposed to issue; and shall further provide for submitting the question of the issue of said bonds to the qualified electors of the county, at the next general election, or at a special election to be called by the board for that purpose, and none but such qualified voters as shall have paid a property tax in the county in which the election is being held in the year next preceding such election shall be permitted to vote upon the question of bonds. If the question is submitted at a special election. it shall be held, except as herein otherwise provided, as nearly as possible in conformity with the general election laws of the state. Notice shall be given of such election by publication in some newspaper or newspapers published in the county, for four weeks prior thereto; if there be no newspaper so published. then by posting notices for the same time in each election district in the county and at the court house door. Ballots shall be printed by the board and furnished to the qualified electors, which shall read: For the issue of bonds," "Yes." "No" If a majority of those voting thereon shall have voted in favor of incurring such debt, and not otherwise, the board may proceed to issue the amount of bonds specified, in the manner provided in this chapter for funding the floating indebtedness of the county, and all the provisions of this chapter relating to the issue and payment of bonds in the latter case shall apply to bonds issued under this section, except that such bonds may be made payable in such kind of money as the board may decide upon, and the board shall levy the tax necessary to create a sinking fund for the payment of the principal of said bonds in each and every year after their issue, until the indebtedness is finally paid. The revenue derived from the sale of said bonds shall be applied to the purpose or purposes specified in the order of the board, and no other. there be any surplus, it shall be applied to the payment of said bonds, and in no event shall any county in this state ever become indebted to an amount, including existing indebtedness, exceeding two per cent of the value of the taxable property therein, the value to be ascertained by the last assessment for county purposes previous to the incurring of such indebtedness. ['96, pp. 5324*. Limitation on county indebtedness, Con, art. 14, secs. 3, 4. Limitations on county indebtedness and decisions thereon, 492. ORDINANCES. Should 519. Enacting clause. Attesting. Taking effect. Publication. The enacting clause of all ordinances of the board shall be as follows: "The board of county commissioners of the county of ordains as follows:" Every ordinance shall be signed by the chairman of the board and attested by the clerk. On the passage of all ordinances the votes of the several members of the board shall be entered on the minutes and all ordinances shall be entered at length in the ordinance book." No ordinance passed by the board shall take effect within less than fifteen days after its passage, and before the expiration of the said fifteen days the same shall be published, with the names of the members voting for and against the same, for at least one week, in some newspaper published in the County, if there be one, and if there be none published in the county, then such ordinance shall be posted at the court house door at least one week. An order entered on the minutes of the board that such ordinance has been duly published or posted shall be prima facie proof of such publication or posting. ['96, pp. 530-1*. Ordinances for government of highways, etc., 511, sub. 27. WITNESSES BEFORE THE BOARD. 520. Subpoena. Whenever the board of county commissioners of any county shall deem it necessary or important to examine any person as a witness upon any subject or matter within the jurisdiction of such board, or to examine any officer of the county in relation to the discharge of his official duties, as to the receipt, possession, or disposition by him of any money or other property belonging to the county, or to use, inspect, or examine any book, account, voucher, or document in the possession of such officer or other person, or under his control, relating to the affairs or interests of such county, the chairman of such board shall issue a subpoena, commanding such person or officer to appear before such board, at a time and place therein specified, to be examined as a witness, and such subpoena may contain a clause requiring such person or officer to produce on such examination all books, papers, and documents in his possession or under his control, relating to the affairs or interests of the county. [C. L. § 189; '96, p. 531. Contempt in such cases, 3372. 521. Id. Service. It shall be the duty of the sheriff or any deputy sheriff of the county to whom the subpoena may be delivered, to serve the same in the manner provided by law for serving subpoenas, and his official return thereon, of the time and place of such service, shall be prima facie evidence thereof. [C. L. $190; '96, pp. 531-2*. 522. Powers of committee. Whenever the board of county commissioners shall have appointed any member of its body a committee upon any subject or matter of which the board has jurisdiction, and shall have conferred upon such committee power to send for persons and papers, such committee for such purposes shall possess all the powers and be liable to all the duties herein given to and imposed upon the chairman of the board of county commissioners. [C. L. § 191; '96, p. 532. 523. Compensation of witnesses. The witnesses summoned to testify on behalf of the county in matters of public concern before the board of county commissioners are not entitled to have their fees prepaid; but the board must allow them reasonable compensation for their attendance. [C. L. § 194; '96, p. 532. CONTRACTS. 524. Buildings and bridges erected and repaired by contract. The board of county commissioners shall not erect, construct, or repair any courthouse. jail, hospital, or other public building, or any bridge, the cost of which will exceed two hundred dollars, until the plans and specifications shall have been made therefor and shall have been adopted by the board. All such buildings and bridges must be erected or repaired by contract let to the lowest responsible bidder, after publication of notice for at least twenty days in a newspaper of general circulation published in the county, or, if there be no newspaper published in the county, after posting such notice for at least twenty days, in at least five public places in the county; provided, that the board of county commissioners may reject any and all bids. The person to whom any such contract is awarded shall be required to execute a bond, to be approved by the board, for the faithful performance of such contract. ['96, p. 522, sub. 4*; p. 523, sub. 9*. 525. Changing plans after adoption. Whenever the board of county commissioners shall have adopted plans and specifications for the erection, alteration, construction, or repair of any public building, bridge, or other public structure, such plans and specifications shall not be altered or changed in any manner whereby the cost of such building, bridge, or structure shall be increased, unless the board shall first so order by a unanimous vote. ['96, p. 534. 526. Alterations of contract, how made. Extras. Whenever the board of county commissioners shall have entered into a contract for the erection, construction, alteration, or repair of any public building, bridge, or other public structure, such contract shall not be altered or changed in any manner unless the board shall, by a unanimous vote, and with the consent of the contractor, first so order. And whenever any such change or alteration shall be so ordered, the particular change or alteration shall be specified in writing, and the cost thereof agreed upon between the board and the contractor. In no other case shall the board ever pay or become liable to pay for any extra work done on such building or public structures. ['96, p. 534. Extra allowance forbidden, Con. art. 6, sec. 30. 527. Stationery for certain counties. Bids. Bids. It shall be the duty of the county auditor of each county having a population of ten thousand or more. on or before the first day of June of each year, to prepare separate estimates of the books, blanks, and stationery required for the use of the county officers during the year beginning July first; and, during the first week in June, he shall publish for one week a brief advertisement in a newspaper published in the county, or having general circulation therein, stating the probable quantity of each item of books, blanks, and stationery required by such county during the ensuing year, and inviting bids therefor, which bids shall be filed with the auditor on or before the first day of July. All bids shall state separately the price of each item of books, blanks, and stationery to be furnished. ['96, p. 528*. Neb. (1895) 2259*. 528. Id. Contract to lowest bidder. The board of county commissioners shall, at its first meeting in July of each year, open said bids and award to the lowest competent bidder the contract for the furnishing of such books, blanks, and stationery; provided, that the board may accept or reject any or all bids, or may accept or reject a part of any bid. The person to whom the contract is awarded shall give a bond for the faithful performance of his contract. $187, sub. 19*; '96, p. Neb. (1895) 2260. 528*. [C. L. 529. Bids for publishing notices, etc. Contract. At the time of inviting bids for books, blanks, and stationery, the auditor shall also invite bids for the publishing of county reports, notices, and advertisements during the ensu ing year beginning July first. The bids for the same must be filed with the auditor on or before the first day of July, and at the time of opening bids for furnishing books, blanks, and stationery, the board of county commissioners shall open the bids for publishing reports, notices, and advertisements, and shall award the same to the lowest competent bidder, circulation considered; provided, that the board of county commissioners may reject any or all bids and readvertise. ['96, p. 528*. 530. Accounts for stationery, how paid. Distribution of stationThe accounts for books, blanks, and stationery furnished under such ery, etc. |