S.B. 41

1

FORMS OF MUNICIPAL GOVERNMENT
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carlene M. Walker
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill repeals a provision relating to a form of municipal government.
10 Highlighted Provisions:
11 This bill:
12 . repeals a provision authorizing the governing body of a municipality to change to a
13 manager form of government, appoint a person as a manager, and prescribe the
14 powers, duties, and obligations of the manager, by adopting an ordinance and
15 without voter approval.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 10-3-101, as last amended by Chapter 202, Laws of Utah 2004
23 10-3-809, as last amended by Chapter 292, Laws of Utah 2003
24 REPEALS:
25 10-3-830, as enacted by Chapter 147, Laws of Utah 1997
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 10-3-101 is amended to read:
29 10-3-101. Governing body -- Legislative and executive powers.
30 (1) (a) Each municipality, except a municipality operating under a council-mayor form
31 of government, shall have a governing body that consists of:
32 (i) in a five-member council form of government, five council members, of which one
33 is a mayor, who shall vote as a member of the governing body and who exercises ceremonial
34 and administrative functions, and four are council members;
35 (ii) in a six-member council form of government, six council members, of which one is
36 a mayor, who shall vote only in the case of a tie [or in the appointment or dismissal of a city
37 manager under Section 10-3-830 ] and who exercises ceremonial and administrative functions,
38 and five are council members; and
39 (iii) in a council-manager form of government, a council of five or seven members,
40 who shall appoint a manager.
41 (b) Each governing body under Subsection (1)(a) shall exercise the legislative and
42 executive powers of the municipality.
43 (2) The government of a municipality operating under the council-mayor form of
44 government is vested in two separate, independent, and equal branches of municipal
45 government consisting of:
46 (a) the mayor, who exercises executive powers and, under the mayor's supervision, the
47 administrative departments and officers; and
48 (b) a council of five or seven members, who exercise the legislative powers.
49 Section 2. Section 10-3-809 is amended to read:
50 10-3-809. Powers of mayors in a city of third, fourth, or fifth class or a town.
51 (1) The mayor in a city of the third, fourth, or fifth class or a town is the chief
52 executive officer to whom all employees of the municipality shall report.
53 (2) The mayor shall:
54 (a) keep the peace and enforce the laws of the city or town;
55 (b) remit fines and forfeitures;
56 (c) report remittances under Subsection (2)(b) to the council at its next regular session;
57 (d) perform all duties prescribed by law, resolution, or ordinance;
58 (e) ensure that all the laws, ordinances, and resolutions are faithfully executed and

59 observed;
60 (f) report to the council the condition of the city or town and recommend for council
61 consideration any measures that the mayor considers to be in the best interests of the city or
62 town;
63 (g) when necessary, call on the residents of the city or town over the age of 21 years to
64 assist in enforcing the laws of the state and ordinances of the municipality;
65 (h) appoint, with the advice and consent of the council, persons to fill municipal offices
66 or vacancies on commissions or committees of the municipality; and
67 (i) report to the council any release granted under Subsection [(4)] (3)(b).
68 [(3) Subsection (2)(h) does not apply to the appointment of a manager under Section
69 10-3-830 .]
70 [(4)] (3) The mayor may:
71 (a) at any reasonable time, examine and inspect the official books, papers, records, or
72 documents of the city or town or any officer, employee, or agent of the city or town; and
73 (b) release any person imprisoned for violation of any municipal ordinance.
74 Section 3. Repealer.
75 This bill repeals:
76 Section 10-3-830, Appointment of city or town manager.




Legislative Review Note
as of 11-15-06 1:52 PM

Office of Legislative Research and General Counsel