reglab/housing_qa huggingface dataset:
UT Code § 10-1-310 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 1 - General Provisions|Part 3 - Municipal Energy Sales and Use Tax Act|Section 310 - Existing energy franchise taxes or contractual franchise fees.

10-1-310. Existing energy franchise taxes or contractual franchise fees.    (1) Except as authorized in Subsection (2), Section 59-12-203, or Section 10-1-304, a municipality may not:   (a) impose on, charge, or collect a franchise tax or contractual a franchise fee from an energy supplier; or     (b) collect a franchise tax or contractual franchise fee pursuant to a franchise agreement in effect on July 1, 1997.       (2) A municipality that collects a contractual franchise fee from an energy supplier pursuant to a franchise agreement in effect on July 1, 1997, may continue to collect that fee at the same rate for the remaining term of the franchise agreement, except the municipality shall provide a credit against the municipal energy sales and use tax in the amount of the contractual franchise fee paid by the energy supplier pursuant to Subsection 10-1-305(5).     (3)   (a) Subject to the requirements of Subsection (3)(b), a franchise agreement as defined in Subsection 10-1-303(6) between a municipality and an energy supplier may contain a provision that:   (i) requires the energy supplier by agreement to pay a contractual franchise fee that is otherwise prohibited under Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act; and     (ii) imposes the contractual franchise fee on or after the day on which Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act is:   (A) repealed, invalidated, or the maximum allowable rate provided in Section 10-1-304 is reduced; and     (B) is not superseded by a law imposing a substantially equivalent tax.         (b) A municipality may not charge a contractual franchise fee under the provisions permitted by Subsection (3)(a) unless the municipality charges an equal contractual franchise fee or a tax on all energy suppliers.       (4) This section may not affect the validity of any existing or future franchise agreement and any franchise agreement effective on July 1, 1997, shall remain in full force and effect, unless otherwise terminated or altered by agreement or applicable law.    Enacted by Chapter 280, 1996 General Session
UT Code § 10-1-401 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 1 - General Provisions|Part 4 - Municipal Telecommunications License Tax Act|Section 401 - Title.

10-1-401. Title.  This part is known as the "Municipal Telecommunications License Tax Act."  Enacted by Chapter 253, 2003 General Session
UT Code § 10-1-404 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 1 - General Provisions|Part 4 - Municipal Telecommunications License Tax Act|Section 404 - Municipal telecommunications license tax ordinance provisions.

10-1-404. Municipal telecommunications license tax ordinance provisions.  An ordinance required by Subsection 10-1-403(1) shall include a provision that:  (1) levies a municipal telecommunications license tax:   (a) on the gross receipts from telecommunications service attributed to the municipality in accordance with Section 10-1-407;     (b) at a rate:   (i) not to exceed the rate specified in Subsection 10-1-403(1)(c); and     (ii) subject to the requirements of Section 10-1-407; and       (c) beginning on a date:   (i) on or after July 1, 2004; and     (ii) subject to the requirements of Section 10-1-403;         (2) on or before the effective date of the ordinance, the municipality shall enter into the uniform interlocal agreement with the commission described in Section 10-1-405 under which the commission collects, enforces, and administers the municipal telecommunications license tax;     (3) exempts a municipality from the limitation on the rate that may be imposed under Subsection (1)(b)(i) if the exemption from the limitation on the rate that may be imposed under Subsection (1)(b)(i) is approved by a majority vote of the voters in the municipality that vote in:   (a) a municipal general election; or     (b) a regular general election; and       (4) incorporates the provisions of Section 10-1-408.    Amended by Chapter 415, 2013 General Session
UT Code § 10-1-406 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 1 - General Provisions|Part 4 - Municipal Telecommunications License Tax Act|Section 406 - Limitation of other telecommunications taxes or fees.

10-1-406. Limitation of other telecommunications taxes or fees.    (1) Subject to the other provisions of this section, a municipality may not levy or collect a telecommunications tax or fee on a person except for a telecommunications tax or fee imposed by the municipality:   (a) on a telecommunications provider to recover the management costs of the municipality caused by the activities of the telecommunications provider in the right-of-way of a municipality if the telecommunications tax or fee:   (i) is imposed in accordance with Section 72-7-102; and     (ii) is not related to:   (A) a municipality's loss of use of a highway as a result of the activities of the telecommunications provider in a right-of-way; or     (B) increased deterioration of a highway as a result of the activities of the telecommunications provider in a right-of-way; or         (b) on a person that:   (i) is not subject to a municipal telecommunications license tax under this part; and     (ii) locates telecommunications facilities, as defined in Section 72-7-108, in the municipality.         (2) Subsection (1)(a) may not be interpreted as exempting a telecommunications provider from complying with any ordinance:   (a) related to excavation, construction, or installation of a telecommunications facility; and     (b) that addresses the safety and quality standards of the municipality for excavation, construction, or installation.       (3) A telecommunications tax or fee imposed under Subsection (1)(b) shall be imposed:   (a) by ordinance; and     (b) on a competitively neutral basis.      Enacted by Chapter 253, 2003 General Session
UT Code § 10-1-407 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 1 - General Provisions|Part 4 - Municipal Telecommunications License Tax Act|Section 407 - Attributing the gross receipts from telecommunications service to a municipality -- Rate impact.

10-1-407. Attributing the gross receipts from telecommunications service to a municipality -- Rate impact.    (1) The gross receipts from a telecommunications service are attributed to a municipality if the gross receipts are from a transaction for telecommunications service that is located within the municipality:   (a) for purposes of sales and use taxes under Title 59, Chapter 12, Sales and Use Tax Act; and     (b) determined in accordance with Section 59-12-215.       (2)   (a) The rate imposed on the gross receipts for telecommunications service shall be determined in accordance with Subsection (2)(b) if the location of a transaction for telecommunications service is determined under Subsection (1) to be a municipality other than the municipality in which is located:   (i) for telecommunications service other than mobile telecommunications service, the customer's service address; or     (ii) for mobile telecommunications service, the customer's primary place of use.       (b) The rate imposed on the gross receipts for telecommunications service described in Subsection (2)(a) shall be the lower of:   (i) the rate imposed by the taxing jurisdiction in which the transaction is located under Subsection (1); or     (ii) the rate imposed by the municipality in which it is located:   (A) for telecommunications service other than mobile telecommunications service, the customer's service address; or     (B) for mobile telecommunications service, the customer's primary place of use.          Amended by Chapter 384, 2008 General Session
UT Code § 10-1-408 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 1 - General Provisions|Part 4 - Municipal Telecommunications License Tax Act|Section 408 - Procedure for taxes erroneously recovered from customers.

10-1-408. Procedure for taxes erroneously recovered from customers.  A customer may not bring a cause of action against a telecommunications provider on the basis that the telecommunications provider erroneously recovered from the customer municipal telecommunications license taxes authorized by this part unless the customer meets the same requirements that a purchaser is required to meet to bring a cause of action against a seller for a refund or credit as provided in Subsection 59-12-110.1(3).  Amended by Chapter 255, 2004 General Session
UT Code § 10-1-410 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 1 - General Provisions|Part 4 - Municipal Telecommunications License Tax Act|Section 410 - Transactions consisting of telecommunications service and nontelecommunications services.

10-1-410. Transactions consisting of telecommunications service and nontelecommunications services.    (1) For purposes of this section, "nontelecommunications services" means services or tangible personal property that are:   (a) not telecommunications service; and     (b) provided by a telecommunications provider to a customer.       (2) Except to the extent prohibited by federal law, if a telecommunications provider provides nontelecommunications services to a customer as part of the same transaction in which the telecommunications provider provides telecommunications service, the gross receipts from the nontelecommunications services provided by the telecommunications provider are subject to a tax under this part unless:   (a) the charge for the nontelecommunications services is separately identified in the statement of the transaction with the customer of the telecommunications service; or     (b) from the books and records of the telecommunications provider that are kept in the regular course of business, the telecommunications provider can reasonably identify the portion of the total charge for the transaction that is attributable to:   (i) the nontelecommunications services; and     (ii) the telecommunications service.        Enacted by Chapter 253, 2003 General Session
UT Code § 10-2-301 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities|Part 3 - Classification of Municipalities|Section 301 - Classification of municipalities according to population.

10-2-301. Classification of municipalities according to population.    (1) Each municipality shall be classified according to its population, as provided in this section.     (2)   (a) A municipality with a population of 100,000 or more is a city of the first class.     (b) A municipality with a population of 65,000 or more but less than 100,000 is a city of the second class.     (c) A municipality with a population of 30,000 or more but less than 65,000 is a city of the third class.     (d) A municipality with a population of 10,000 or more but less than 30,000 is a city of the fourth class.     (e) A municipality with a population of 1,000 or more but less than 10,000 is a city of the fifth class.     (f) A municipality with a population under 1,000 is a town.      Amended by Chapter 292, 2003 General Session
UT Code § 10-2-301.5 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities|Part 3 - Classification of Municipalities|Section 301.5 - Classification of metro townships according to population.

 Effective 5/12/2015  10-2-301.5. Classification of metro townships according to population.    (1) Each metro township, as defined in Section 10-2a-403, shall be classified according to its population, as provided in this section.     (2) A metro township with a population of:   (a) 1,000 or more is a metro township of the first class; and     (b) fewer than 1,000 is a metro township of the second class.      Enacted by Chapter 352, 2015 General Session
UT Code § 10-2-302 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities|Part 3 - Classification of Municipalities|Section 302 - Change of class of municipality.

 Effective 5/12/2015  10-2-302. Change of class of municipality.    (1) Each municipality shall retain its classification under Section 10-2-301 until changed as provided in this section or Subsection 67-1a-2(3).     (2)   (a) If a municipality's population, as determined by the lieutenant governor under Subsection 67-1a-2(3), indicates that the municipality's population has decreased below the limit for its current class, the legislative body of the municipality may petition the lieutenant governor to prepare a certificate indicating the class in which the municipality belongs based on the decreased population figure.     (b) Notwithstanding Subsection (2)(a), the legislative body of a metro township may not petition under this section to change from a metro township to a city or town.       (3) A municipality's change in class is effective on the date of the lieutenant governor's certificate under Subsection 67-1a-2(3).    Amended by Chapter 352, 2015 General Session
UT Code § 10-2-303 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities|Part 3 - Classification of Municipalities|Section 303 - Effect of change in class.

10-2-303. Effect of change in class.    (1) If a municipality changes from one class to another:   (a) 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;     (b) 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;     (c) 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;     (d) the change may not affect the identity of the municipality;     (e) 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     (f) the municipality maintains after the change in class the same form of government that it had immediately before the change.       (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 378, 2010 General Session
UT Code § 10-2-306 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities|Part 3 - Classification of Municipalities|Section 306 - Judicial notice taken of existence and class.

10-2-306. Judicial notice taken of existence and class.  All courts in this state shall take judicial notice of the existence and classification of any municipality.  Enacted by Chapter 48, 1977 General Session
UT Code § 10-2-408 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities|Part 4 - Annexation|Section 408 - Denying or approving the annexation petition -- Notice of approval.

 Effective 3/16/2021  10-2-408. Denying or approving the annexation petition -- Notice of approval.    (1) After receipt of the commission's decision on a protest under Subsection 10-2-416(2), a municipal legislative body may:   (a) deny the annexation petition; or     (b) subject to Subsection (2), if the commission approves the annexation, approve the annexation petition consistent with the commission's decision.       (2) A municipal legislative body shall exclude:   (a) rural real property, unless the owner of the rural real property gives written consent to include the rural real property; and     (b) private real property located in a mining protection area, unless the owner of the private real property gives written consent to include the private real property.      Amended by Chapter 112, 2021 General Session
UT Code § 10-2-409 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities|Part 4 - Annexation|Section 409 - Boundary commission -- Creation -- Members.

10-2-409. Boundary commission -- Creation -- Members.    (1) The legislative body of each county:   (a) may create a boundary commission on its own initiative at any time; and     (b) shall create a boundary commission within 30 days of the filing of a protest under Section 10-2-407.       (2) Each commission shall be composed of:   (a) in a county with two or more municipalities:   (i) two members who are elected county officers, appointed by:   (A)   (I) in a county of the first class operating under a form of government in which the executive and legislative functions are separated, the county executive with the advice and consent of the county legislative body; or     (II) in a county of the first class operating under a form of government in which the executive and legislative functions of the governing body are not separated, the county legislative body; or       (B) in a specified county, the county legislative body;       (ii) two members who are elected municipal officers from separate municipalities within the county, appointed by the municipal selection committee; and     (iii) three members who are residents of the county, none of whom is a county or municipal officer, appointed by the four other members of the boundary commission; and       (b) in a county with only one municipality:   (i) two members who are county elected officers, appointed by the county legislative body;     (ii) one member who is a municipal officer, appointed by the governing body of the municipality; and     (iii) two members who are residents of the county, neither of whom is a county or municipal officer, appointed by the other three members of the boundary commission.         (3) At the expiration of the term of each member appointed under this section, the member's successor shall be appointed by the same body that appointed the member whose term is expiring, as provided in this section.    Amended by Chapter 206, 2001 General Session
UT Code § 10-2-409.5 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities|Part 4 - Annexation|Section 409.5 - Municipal selection committee.

10-2-409.5. Municipal selection committee.    (1) In each county in which there are two or more municipalities there shall be a municipal selection committee consisting of the mayor of each municipality.     (2) A majority of the members of the municipal selection committee constitutes a quorum.     (3) The municipal selection committee shall appoint each municipal member of the county boundary commission under Subsection 10-2-409(2)(a)(iii) and fill each vacancy in that position as it occurs.    Enacted by Chapter 206, 2001 General Session
UT Code § 10-2-410 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities|Part 4 - Annexation|Section 410 - Boundary commission member terms -- Staggered terms -- Chair -- Quorum -- Vacancy.

10-2-410. Boundary commission member terms -- Staggered terms -- Chair -- Quorum -- Vacancy.    (1) Except as provided in Subsection (2), the term of each member of a boundary commission is four years and begins and expires the first Monday in January of the applicable year.     (2) Notwithstanding Subsection (1), the terms of the first members of a commission shall be staggered by lot so that:   (a) on a seven-member commission, the term of one member is approximately one year, the term of two members is approximately two years, the term of two members is approximately three years, and the term of two members is approximately four years; and     (b) on a five-member commission, the term of two members is approximately two years and the term of the other three members is approximately four years.       (3)   (a) The members of each boundary commission shall elect as chair a person from their number whose term on the boundary commission does not expire for at least two years.     (b) The term of a boundary commission chair is two years.       (4) A majority of the commission constitutes a quorum, and commission action requires a majority vote of the commission.     (5) Each vacancy on a commission of a member or an alternate member shall be filled for the remaining unexpired term of the vacating member by the body that appointed the vacating member under Section 10-2-409.    Amended by Chapter 206, 2001 General Session
UT Code § 10-2-411 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities|Part 4 - Annexation|Section 411 - Disqualification of commission member -- Alternate member.

 Effective 5/12/2015  10-2-411. Disqualification of commission member -- Alternate member.    (1) A member of the boundary commission is disqualified with respect to a protest before the commission if that member owns property:   (a) for a proposed annexation of an area located within a county of the first class:   (i) within the area proposed for annexation in a petition that is the subject of the protest; or     (ii) that is in the unincorporated area within 1/2 mile of the area proposed for annexation in a petition that is the subject of a protest under Subsection 10-2-407(1)(c); or       (b) for a proposed annexation of an area located in a specified county, within the area proposed for annexation.       (2) If a member is disqualified under Subsection (1), the body that appointed the disqualified member shall appoint an alternate member to serve on the commission for purposes of the protest as to which the member is disqualified.    Amended by Chapter 352, 2015 General Session