S.B. 20

1

MUNICIPAL GOVERNMENT AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carlene M. Walker
5 House Sponsor: Aaron Tilton
6
7 LONG TITLE
8 Committee Note:
9 The Political Subdivisions Interim Committee recommended this bill.
10 The Local Issues Task Force recommended this bill.
11 General Description:
12 This bill modifies provisions of the Utah Municipal Code.
13 Highlighted Provisions:
14 This bill:
15 . rewrites and reorganizes provisions relating to forms of municipal government;
16 . repeals provisions relating to forms of municipal government that have been
17 rewritten or made obsolete by the rewritten provisions;
18 . clarifies the forms of government under which a municipality may operate;
19 . clarifies provisions relating to the council-mayor, six-member council, and
20 five-member council forms of municipal government;
21 . repeals provisions relating to the council-manager form of municipal government;
22 . provides for municipalities operating under the former council-manager form of
23 government to operate in the future under the five-member council form of
24 government, but allowing them to retain the same number of council members;
25 . provides for managers appointed under a former council-manager form of
26 government before the effective date of this bill to be paid severance payment upon
27 the dismissal of the manager; and

28 . makes technical and conforming changes.
29 Monies Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 10-2-303, as last amended by Laws of Utah 2004, Chapter 202
36 10-3-504, as last amended by Laws of Utah 2004, Chapter 202
37 10-3-507, as last amended by Laws of Utah 2004, Chapter 202
38 10-3-820, as enacted by Laws of Utah 1977, Chapter 48
39 10-3-902, as enacted by Laws of Utah 1977, Chapter 48
40 ENACTS:
41 10-3a-101, Utah Code Annotated 1953
42 10-3a-102, Utah Code Annotated 1953
43 10-3a-103, Utah Code Annotated 1953
44 10-3a-104, Utah Code Annotated 1953
45 10-3a-201, Utah Code Annotated 1953
46 10-3a-202, Utah Code Annotated 1953
47 10-3a-203, Utah Code Annotated 1953
48 10-3a-204, Utah Code Annotated 1953
49 10-3a-301, Utah Code Annotated 1953
50 10-3a-302, Utah Code Annotated 1953
51 10-3a-303, Utah Code Annotated 1953
52 10-3a-401, Utah Code Annotated 1953
53 10-3a-402, Utah Code Annotated 1953
54 10-3a-403, Utah Code Annotated 1953
55 10-3a-501, Utah Code Annotated 1953
56 10-3a-502, Utah Code Annotated 1953
57 REPEALS:
58 10-3-101, as last amended by Laws of Utah 2004, Chapter 202

59 10-3-102, as enacted by Laws of Utah 1977, Chapter 48
60 10-3-106, as last amended by Laws of Utah 2004, Chapters 90 and 202
61 10-3-207, as enacted by Laws of Utah 1977, Chapter 48
62 10-3-403, as enacted by Laws of Utah 1977, Chapter 48
63 10-3-404, as enacted by Laws of Utah 1977, Chapter 48
64 10-3-503, as last amended by Laws of Utah 1987, Chapter 92
65 10-3-801, as enacted by Laws of Utah 1977, Chapter 48
66 10-3-802, as last amended by Laws of Utah 1987, Chapter 92
67 10-3-803, as enacted by Laws of Utah 1977, Chapter 48
68 10-3-804, as last amended by Laws of Utah 1977, Chapter 39
69 10-3-805, as enacted by Laws of Utah 1977, Chapter 48
70 10-3-806, as last amended by Laws of Utah 1993, Chapter 4
71 10-3-807, as last amended by Laws of Utah 1977, Chapter 39
72 10-3-808, as last amended by Laws of Utah 2003, Chapter 292
73 10-3-809, as last amended by Laws of Utah 2003, Chapter 292
74 10-3-811, as last amended by Laws of Utah 2003, Chapter 292
75 10-3-812, as last amended by Laws of Utah 2003, Chapter 292
76 10-3-813, as enacted by Laws of Utah 1977, Chapter 48
77 10-3-814, as enacted by Laws of Utah 1977, Chapter 48
78 10-3-815, as enacted by Laws of Utah 1977, Chapter 48
79 10-3-816, as enacted by Laws of Utah 1977, Chapter 48
80 10-3-817, as enacted by Laws of Utah 1977, Chapter 48
81 10-3-830, as last amended by Laws of Utah 2007, Chapter 266
82 10-3-901, as enacted by Laws of Utah 1977, Chapter 48
83 10-3-1201, as enacted by Laws of Utah 1977, Chapter 48
84 10-3-1202, as enacted by Laws of Utah 1977, Chapter 48
85 10-3-1203, as last amended by Laws of Utah 2004, Chapters 202 and 371
86 10-3-1204, as enacted by Laws of Utah 1977, Chapter 48
87 10-3-1205, as enacted by Laws of Utah 1977, Chapter 48
88 10-3-1206, as last amended by Laws of Utah 1985, Chapter 222
89 10-3-1207, as enacted by Laws of Utah 1977, Chapter 48

90 10-3-1208, as last amended by Laws of Utah 2004, Chapter 202
91 10-3-1210, as enacted by Laws of Utah 1977, Chapter 48
92 10-3-1211, as enacted by Laws of Utah 1977, Chapter 48
93 10-3-1212, as last amended by Laws of Utah 2006, Chapter 14
94 10-3-1213, as enacted by Laws of Utah 1977, Chapter 48
95 10-3-1214, as enacted by Laws of Utah 1977, Chapter 48
96 10-3-1215, as enacted by Laws of Utah 1977, Chapter 48
97 10-3-1216, as last amended by Laws of Utah 1991, Chapter 54
98 10-3-1217, as last amended by Laws of Utah 1981, Chapter 47
99 10-3-1218, as repealed and reenacted by Laws of Utah 1993, Chapter 1
100 10-3-1219, as last amended by Laws of Utah 2004, Chapter 156
101 10-3-1219.5, as enacted by Laws of Utah 1979, Chapter 39
102 10-3-1220, as enacted by Laws of Utah 1977, Chapter 48
103 10-3-1221, as enacted by Laws of Utah 1977, Chapter 48
104 10-3-1222, as last amended by Laws of Utah 1993, Chapter 231
105 10-3-1223, as enacted by Laws of Utah 1977, Chapter 48
106 10-3-1224, as enacted by Laws of Utah 1977, Chapter 48
107 10-3-1225, as enacted by Laws of Utah 1977, Chapter 48
108 10-3-1226, as enacted by Laws of Utah 1977, Chapter 48
109 10-3-1227, as enacted by Laws of Utah 1977, Chapter 48
110 10-3-1228, as enacted by Laws of Utah 1977, Chapter 48
111
112 Be it enacted by the Legislature of the state of Utah:
113 Section 1. Section 10-2-303 is amended to read:
114 10-2-303. Effect of change in class.
115 (1) [(a)] If a municipality changes from one class to another:
116 [(i)] (a) all property, property rights, and other rights that belonged to or were vested in
117 the municipality at the time of the change shall belong to and be vested in it after the change;
118 [(ii)] (b) no contract, claim, or right of the municipality or demand or liability against it
119 shall be altered or affected in any way by the change;
120 [(iii)] (c) each ordinance, order, and resolution in force in the municipality when it

121 changes classes shall, to the extent that it is not inconsistent with law, not be affected by the
122 change and shall remain in effect until repealed or amended;
123 [(iv)] (d) the change shall not affect the identity of the municipality;
124 [(v)] (e) each municipal officer in office at the time of the change shall continue as an
125 officer until that officer's term expires and a successor is duly elected and qualified; and
126 [(vi)] (f) except as provided in Subsection (1)(b), the municipality maintains after the
127 change in class the same form of government that it had immediately before the change.
128 [(b) (i) If a town operating under a five-member council form of government changes
129 classes to a fifth class city, its form of government shall, upon issuance of the lieutenant
130 governor's certificate under Section 10-2-302 , change to a six-member council form.]
131 [(ii) As soon as practicable after the change in form of government under Subsection
132 (1)(b)(i), the governing body shall appoint a sixth council member to serve until a successor is
133 elected at the next municipal general election at which the mayor is not subject to election.]
134 (2) (a) A change in class does not affect an action at law, prosecution, business, or
135 work of the municipality changing classes, and proceedings shall continue and may be
136 conducted and proceed as if no change in class had occurred.
137 (b) Notwithstanding Subsection (2)(a), if the law applicable to a municipality under the
138 new class provides the municipality a different remedy with respect to a right that it possessed
139 at the time of the change, the remedy shall be cumulative to the remedy applicable before the
140 change in class.
141 Section 2. Section 10-3-504 is amended to read:
142 10-3-504. Quorum defined.
143 [(1)] The number of members of the [governing] legislative body necessary to
144 constitute a quorum is:
145 [(a)] (1) in a municipality operating under a five-member council-mayor form or a
146 six-member [city] or five-member council form of government [or a five-member
147 council-manager form of government], three or more; or
148 [(b)] (2) in a seven-member [council-manager] council-mayor form of government,
149 four or more.
150 [(2) The number of members of the legislative body of a municipality operating under
151 a council-mayor form of government necessary to constitute a quorum is:]

152 [(a) for a five-member council-mayor form, three; and]
153 [(b) for a seven-member council-mayor form, four.]
154 Section 3. Section 10-3-507 is amended to read:
155 10-3-507. Minimum vote required.
156 (1) [(a)] The minimum number of yes votes required to pass any ordinance or
157 resolution, or to take any action by the [governing] legislative body, unless otherwise
158 prescribed by law, [shall be a majority of the members of the quorum, but may never be less
159 than:] is the minimum number required for a quorum.
160 [(i) for a municipality operating under a five-member or six-member council form of
161 government or a five-member council-manager form of government, three; or]
162 [(ii) for a municipality operating under a seven-member council-manager form of
163 government, four.]
164 [(b) The minimum number of yes votes requires to pass an ordinance or resolution or
165 to take an action by the legislative body of a municipality operating under a council-mayor
166 form of government, unless otherwise prescribed by law, shall be a majority of the members of
167 the quorum, but may never be less than:]
168 [(i) for a five-member council-mayor form, three; and]
169 [(ii) for a seven-member council-mayor form, four.]
170 (2) (a) Any ordinance, resolution, or motion of the [governing] legislative body having
171 fewer favorable votes than required in this section shall be considered defeated and invalid[,
172 except].
173 (b) Notwithstanding Subsection (2)(a), a meeting may be adjourned to a specific time
174 by a majority vote of the [governing] legislative body even though [such] the majority vote is
175 less than that required in this section.
176 (3) A majority of the members of the [governing] legislative body, regardless of
177 number, may fill any vacancy in the [governing] legislative body.
178 Section 4. Section 10-3-820 is amended to read:
179 10-3-820. Cities of the first and second class.
180 In cities of the first and second class, the mayor and each [commissioner] council
181 member shall give a penal bond, with approved corporate surety, in the amount of not less than
182 $10,000 and the auditor shall give a penal bond with approved corporate surety in the sum of

183 not less than $20,000 conditioned for the faithful performance of the duties of their offices and
184 payment of all monies received by them according to law and the ordinances of the city.
185 Section 5. Section 10-3-902 is amended to read:
186 10-3-902. City engineer required to be licensed.
187 [In cities of the first and second class the board of commissioners shall appoint a
188 qualified person to each of the offices of recorder, treasurer, engineer and attorney, and may
189 create any other office that may be deemed necessary for the government of the city, and
190 regulate and prescribe the powers, duties and compensation of all officers of the city, except as
191 otherwise provided by law. The]
192 Each person [so] appointed as city engineer shall be a registered professional engineer
193 under Title 58, Chapter 22[. The board of commissioners may appoint all officers and agents as
194 may be provided for by law or ordinances, and fill all vacancies occurring therein],
195 Professional Engineers and Professional Land Surveyors Licensing Act.
196 Section 6. Section 10-3a-101 is enacted to read:
197 CHAPTER 3a. FORMS OF MUNICIPAL GOVERNMENT
198 Part 1. General Provisions
199 10-3a-101. Title.
200 This chapter is known as "Forms of Municipal Government."
201 Section 7. Section 10-3a-102 is enacted to read:
202 10-3a-102. Definitions.
203 As used in this chapter:
204 (1) "Council-mayor form of government" means the form of municipal government
205 described in Part 2, Council-Mayor Form of Municipal Government.
206 (2) "Five-member council form of government" means the form of municipal
207 government described in Part 4, Five-Member Council Form of Municipal Government.
208 (3) "Six-member council form of government" means the form of municipal
209 government described in Part 3, Six-Member Council Form of Municipal Government.
210 Section 8. Section 10-3a-103 is enacted to read:
211 10-3a-103. Forms of municipal government -- Form of government for towns --
212 Former council-manager form.
213 (1) Subject to Subsection (2), each municipality shall operate under:

214 (a) the council-mayor form of government, with a five-member or seven-member
215 council;
216 (b) the six-member council form of government; or
217 (c) the five-member council form of government.
218 (2) Unless it changes to another form of government under Part 5, Changing to
219 Another Form of Municipal Government, each town shall operate under a five-member council
220 form of government.
221 (3) A municipality retains the form of government under which it is operating unless it
222 changes its form as provided in Part 5, Changing to Another Form of Municipal Government.
223 (4) (a) A municipality operating on May 4, 2008 under the council-manager form of
224 government, as provided under the law then in effect:
225 (i) shall, on and after May 5, 2008, operate under the five-member council form of
226 government; and
227 (ii) notwithstanding Section 10-3a-401 regarding the number of council members in a
228 five-member council form of government, may continue to operate on and after May 5, 2008
229 with the same number of council members as before May 5, 2008.
230 (b) Subsection (4)(a) may not be construed to prevent a municipality described in that
231 subsection from changing to another form of government as provided in Part 5, Changing to
232 Another Form of Municipal Government.
233 Section 9. Section 10-3a-104 is enacted to read:
234 10-3a-104. Municipal council.
235 Under each form of municipal government, the council:
236 (1) is the legislative body of the municipality and exercises the legislative powers and
237 performs the legislative duties and functions of the municipality; and
238 (2) may:
239 (a) adopt rules and regulations, not inconsistent with statute, for the efficient
240 administration, organization, operation, conduct, and business of the municipality;
241 (b) require by ordinance that any or all appointed officers reside in the municipality;
242 (c) create any office that the council considers necessary for the government of the
243 municipality;
244 (d) provide for filling a vacancy in an elective or appointive office; and

245 (e) perform any function specifically provided for by statute or necessarily implied by
246 law.
247 Section 10. Section 10-3a-201 is enacted to read:
248 Part 2. Council-Mayor Form of Municipal Government
249 10-3a-201. Separate branches of government under a council-mayor form of
250 government.
251 The powers of municipal government in a municipality operating under the
252 council-mayor form of government are vested in two separate, independent, and equal branches
253 of municipal government consisting of:
254 (1) a council composed of five or seven members; and
255 (2) a mayor and, under the mayor's supervision, any executive or administrative
256 departments, divisions, and offices and any executive or administrative officers provided for by
257 municipal ordinance.
258 Section 11. Section 10-3a-202 is enacted to read:
259 10-3a-202. Mayor in council-mayor form of government.
260 The mayor in a municipality operating under the council-mayor form of government:
261 (1) is the chief executive and administrative officer of the municipality;
262 (2) exercises the executive and administrative powers and performs or supervises the
263 performance of the executive and administrative duties and functions of the municipality;
264 (3) shall:
265 (a) keep the peace and enforce the laws and ordinances of the municipality;
266 (b) execute the policies adopted by the council;
267 (c) appoint, with the council's advice and consent, a qualified person for each of the
268 following positions:
269 (i) recorder;
270 (ii) treasurer;
271 (iii) engineer; and
272 (iv) attorney;
273 (d) provide to the council, at intervals provided by ordinance, a written report to the
274 council setting forth:
275 (i) the amount of budget appropriations;

276 (ii) total disbursements from the appropriations;
277 (iii) the amount of indebtedness incurred or contracted against each appropriation,
278 including disbursements and indebtedness incurred and not paid; and
279 (iv) the percentage of the appropriations encumbered;
280 (e) inform the council of the condition and needs of the municipality;
281 (f) remit fines and forfeitures to the council at the council's next regular meeting after
282 the fines and forfeitures are collected;
283 (g) report to the council any release that the mayor grants under Subsection (4)(k); and
284 (h) perform each other duty:
285 (i) prescribed by this chapter; or
286 (ii) required by a municipal ordinance that is not inconsistent with this chapter;
287 (4) may:
288 (a) subject to budget constraints, appoint one or more administrative assistants to the
289 mayor;
290 (b) with the council's advice and consent and except as otherwise specifically limited
291 by statute, appoint:
292 (i) each department head of the municipality;
293 (ii) each statutory officer of the municipality; and
294 (iii) each member of a statutory commission, board, or committee of the municipality;
295 (c) dismiss any person appointed by the mayor;
296 (d) as provided in Section 10-3a-204 , veto an ordinance, tax levy, or appropriation
297 passed by the council;
298 (e) exercise control of and supervise each executive or administrative department,
299 division, or office of the municipality;
300 (f) within the general provisions of statute and ordinance, regulate and prescribe the
301 powers and duties of each other executive or administrative officer or employee of the
302 municipality;
303 (g) attend each council meeting, take part in discussions, and freely give advice to the
304 council;
305 (h) appoint a budget officer to serve in place of the mayor to comply with Title 10,
306 Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Chapter 6, Uniform Fiscal

307 Procedures Act for Utah Cities, as the case may be;
308 (i) if necessary, call on residents of the municipality over the age of 21 years to assist in
309 enforcing state laws and municipal ordinances;
310 (j) at any reasonable time, examine and inspect the official books, papers, records, or
311 documents of the municipality or of any officer, employee, or agent of the municipality;
312 (k) release a person imprisoned for a violation of a municipal ordinance; and
313 (l) execute an agreement on behalf of the municipality, or delegate, by written
314 executive order, the authority to execute an agreement on behalf of the municipality:
315 (i) if the obligation under the agreement is within certified budget appropriations; and
316 (ii) subject to Section 10-6-138 ; and
317 (5) may not vote on any matter before the council.
318 Section 12. Section 10-3a-203 is enacted to read:
319 10-3a-203. Council may elect chair.
320 The council in a municipality operating under a council-mayor form of government may
321 elect one of its members to be the chair of the council.
322 Section 13. Section 10-3a-204 is enacted to read:
323 10-3a-204. Presenting council action to mayor -- Veto -- Reconsideration -- When
324 ordinance, tax levy, or appropriation takes effect.
325 (1) The council in each municipality operating under a council-mayor form of
326 municipal government shall present to the mayor each ordinance, tax levy, and appropriation
327 passed by the council.
328 (2) (a) The mayor in a municipality operating under a council-mayor form of municipal
329 government may veto an ordinance or tax levy or all or any part of an appropriation passed by
330 the council.
331 (b) If a mayor vetoes an ordinance or tax levy or all or any part of an appropriation, the
332 mayor shall return the ordinance, tax levy, or appropriation to the council within 15 days after
333 the council presents the ordinance, tax levy, or appropriation to the mayor, with a statement
334 explaining the mayor's objections.
335 (3) At its next meeting following a mayor's veto under Subsection (2), the council shall
336 reconsider the vetoed ordinance, tax levy, or appropriation.
337 (4) Each ordinance, tax levy, and appropriation passed by the council shall take effect

338 after it has been recorded if:
339 (a) before it is recorded the mayor signs the ordinance, tax levy, or appropriation,
340 approving it;
341 (b) the mayor fails to sign the ordinance, tax levy, or appropriation within 15 days after
342 the council presents the ordinance, tax levy, or appropriation to the mayor; or
343 (c) following a veto, the council reconsiders the ordinance, tax levy, or appropriation
344 and passes it by a vote of at least two-thirds of all council members.
345 Section 14. Section 10-3a-301 is enacted to read:
346 Part 3. Six-Member Council Form of Municipal Government
347 10-3a-301. Municipal government powers vested in a six-member council.
348 The powers of municipal government in a municipality operating under the six-member
349 council form of government are vested in a council consisting of six members, one of which is
350 a mayor.
351 Section 15. Section 10-3a-302 is enacted to read:
352 10-3a-302. Mayor in six-member council form of government -- Mayor pro
353 tempore.
354 (1) The mayor in a municipality operating under a six-member council form of
355 municipal government:
356 (a) is, except as provided in Subsection (1)(b), a nonvoting member of the council;
357 (b) votes as a voting member of the council:
358 (i) on each matter for which there is a tie vote of the other council members present at a
359 council meeting; or
360 (ii) when the council is voting on:
361 (A) whether to appoint or dismiss a municipal manager; or
362 (B) an ordinance that enlarges or restricts the mayor's powers, duties, or functions;
363 (c) is the chair of the council and presides at all council meetings;
364 (d) exercises ceremonial functions for the municipality;
365 (e) may not veto an ordinance, tax levy, or appropriation passed by the council;
366 (f) exercises the executive and administrative powers and performs or supervises the
367 performance of executive and administrative duties and functions of the municipality, if and to
368 the extent provided by municipal ordinance; and

369 (g) if delegated executive or administrative powers, duties, or functions, may, within
370 budget constraints, appoint one or more administrative assistants to the mayor.
371 (2) (a) If the mayor is absent from a council meeting or is unable or refuses to act as
372 chair at a council meeting, the council may elect a member of the council as mayor pro tempore
373 to preside at the council meeting and to perform the duties and functions of mayor at the
374 meeting.
375 (b) The municipal clerk or recorder shall enter in the minutes of the council meeting
376 the election of a council member as mayor pro tempore under Subsection (2)(a).
377 Section 16. Section 10-3a-303 is enacted to read:
378 10-3a-303. Council in six-member form of government.
379