Download Zipped Introduced WordPerfect SB0020.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
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
The council in a municipality operating under a six-member council form of
380
government:
381
(1) exercises the executive and administrative powers and performs or supervises the
382
performance of the executive and administrative duties and functions of the municipality,
383
including the powers, duties, and functions stated in Section
10-3a-202
, except:
384
(a) to the extent that those powers, duties, or functions are delegated to the mayor by
385
municipal ordinance; and
386
(b) the power to veto under Subsection
10-3a-202
(4)(d);
387
(2) may:
388
(a) subject to Subsection
10-3a-302
(1)(b)(ii)(B), adopt an ordinance:
389
(i) delegating to the mayor any of the powers, duties, or functions of a mayor under a
390
council-mayor form of municipal government under Section
10-3a-202
, except the power to
391
veto an ordinance, tax levy, or appropriation passed by the council; or
392
(ii) removing from the mayor any power, duty, or function previously delegated to the
393
mayor by municipal ordinance;
394
(b) subject to Subsection10-3a-302(1)(b)(ii)(A):
395
(i) appoint a manager to perform executive and administrative duties or functions that
396
the council by ordinance delegates to the manager, subject to Subsection (3); and
397
(ii) dismiss a manager appointed under Subsection (2)(b)(i); and
398
(c) assign any or all council members, including the mayor, to supervise one or more
399
administrative departments of the municipality; and
400
(3) may not delegate to a manager appointed by the council:
401
(a) any of the mayor's legislative or judicial powers or ceremonial functions;
402
(b) the mayor's position as chair of the council; or
403
(c) any ex officio position that the mayor holds.
404
Section 17.
Section
10-3a-401
is enacted to read:
405
Part 4. Five-Member Council Form of Municipal Government
406
10-3a-401. Municipal government powers vested in a five-member council.
407
The powers of municipal government in a municipality operating under the
408
five-member council form of municipal government are vested in a council consisting of five
409
members, one of which is a mayor.
410
Section 18.
Section
10-3a-402
is enacted to read:
411
10-3a-402. Mayor in a five-member council form of government.
412
(1) The mayor in a municipality operating under a five-member council form of
413
municipal government:
414
(a) is a regular and voting member of the council;
415
(b) is the chair of the council and presides at all council meetings;
416
(c) exercises ceremonial functions for the municipality; and
417
(d) may not veto any ordinance, tax levy, or appropriation passed by the council.
418
(2) (a) If the mayor is absent from a council meeting or is unable or refuses to act as
419
chair at a council meeting, the council may elect another member of the council as mayor pro
420
tempore to preside at the council meeting and to perform the duties and functions of mayor at
421
the meeting.
422
(b) The municipal clerk or recorder shall enter in the minutes of the council meeting
423
the election of a council member as mayor pro tempore under Subsection (2)(a).
424
Section 19.
Section
10-3a-403
is enacted to read:
425
10-3a-403. Council in a five-member form of government.
426
(1) The council in a municipality operating under a five-member council form of
427
municipal government:
428
(a) exercises the executive and administrative powers and performs or supervises the
429
performance of the executive and administrative duties and functions of the municipality,
430
including the powers, duties, and functions stated in Section
10-3a-202
, except the power to
431
veto under Subsection
10-3a-202
(4)(d);
432
(b) may:
433
(i) appoint a manager to perform executive and administrative duties or functions that
434
the council by ordinance delegates to the manager, subject to Subsection (1)(c); and
435
(ii) subject to Subsection (2), dismiss a manager appointed under Subsection (1)(b)(i);
436
and
437
(iii) assign any or all council members, including the mayor, to supervise one or more
438
administrative departments of the municipality; and
439
(c) may not delegate to a manager appointed by the council:
440
(i) any of the mayor's legislative or judicial powers or ceremonial functions;
441
(ii) the mayor's position as chair of the council; or
442
(iii) any ex officio position that the mayor holds.
443
(2) If the legislative body of a municipality operating under a five-member council
444
form of government because of Subsection
10-3a-103
(4) dismisses a manager hired before
445
May 5, 2008, the council shall cause the manager to be paid, upon dismissal:
446
(a) any unpaid balance of the manager's salary due to the date of the dismissal; and
447
(b) the manager's salary at the same rate for the next six calendar months following the
448
dismissal.
449
Section 20.
Section
10-3a-501
is enacted to read:
450
Part 5. Changing to Another Form of Municipal Government
451
10-3a-501. Authority to change to another form of municipal government.
452
As provided in this part, a municipality may change from the form of government under
453
which it operates to:
454
(1) the council-mayor form of government with a five-member council;
455
(2) the council-mayor form of government with a seven-member council;
456
(3) the six-member form of government; or
457
(4) the five-member form of government.
458
Section 21.
Section
10-3a-502
is enacted to read:
459
10-3a-502. Voter approval required -- Election following resolution or petition --
460
Limitation on resolution and petition -- Ballot.
461
(1) A municipality may not change its form of government under this part unless voters
462
of the municipality approve the change at an election held for that purpose.
463
(2) (a) Subject to Subsection (3), the legislative body of a municipality shall hold an
464
election on a proposal to change the municipality's form of government under this part:
465
(i) if:
466
(A) the municipal legislative body adopts a resolution proposing a change; or
467
(B) a petition is filed, as provided in Title 20A, Chapter 7, Part 5, Local Initiatives -
468
Procedures, proposing a change; and
469
(ii) within 12 months after:
470
(A) for a resolution adopted under Subsection (2)(a)(i)(A), adoption of a resolution; or
471
(B) for an initiative petition filed under Subsection (2)(a)(i)(B), the petition is declared
472
sufficient under Section
20A-7-507
.
473
(b) Each resolution adopted under Subsection (2)(a)(i)(A) or petition filed under
474
Subsection (2)(a)(i)(B) shall:
475
(i) state the number, method of election, and initial terms of council members; and
476
(ii) specify the boundaries of districts substantially equal in population, if some or all
477
council members are to be elected by district.
478
(3) A resolution may not be adopted under Subsection (2)(a)(i)(A) and a petition may
479
not be filed under Subsection (2)(a)(i)(B) within:
480
(a) two years after an election at which voters reject a proposal to change the
481
municipality's form of government, if the resolution or petition proposes changing to the same
482
form of government that voters rejected at the election; or
483
(b) four years after the effective date of a change in the form of municipal government.
484
(4) The ballot at an election on a proposal to change the municipality's form of
485
government shall:
486
(a) state the ballot question substantially as follows: "Shall (state the municipality's
487
name), Utah change its form of government to the (state "council-mayor form, with a
488
five-member council," "council-mayor form, with a seven-member council," "six-member
489
council form," or "five-member council form," as applicable)?"; and
490
(b) provide a space or method for the voter to vote "yes" or "no."
491
Section 22. Repealer.
492
This bill repeals:
493
Section 10-3-101, Governing body -- Legislative and executive powers.
494
Section 10-3-102, Governing body -- Other functions.
495
Section 10-3-106, Governing body in towns.
496
Section 10-3-207, Determining two and four year terms.
497
Section 10-3-403, Mayor as presiding officer -- Mayor pro tempore.
498
Section 10-3-404, No veto.
499
Section 10-3-503, Quorum necessary to do business.
500
Section 10-3-801, Administrative powers in cities of the first class.
501
Section 10-3-802, Designation of department head in cities of the first class.
502
Section 10-3-803, Officers limited to one office -- Exceptions.
503
Section 10-3-804, Change in names, functions and superintendents of departments.
504
Section 10-3-805, Administrative powers in cities of the second class.
505
Section 10-3-806, Designation of department head in cities of the second class.
506
Section 10-3-807, Commissioners may administer two departments -- Change in
507
names, functions and superintendents.
508
Section 10-3-808, Administration vested in mayor.
509
Section 10-3-809, Powers of mayors in a city of third, fourth, or fifth class or a
510
town.
511
Section 10-3-811, Members of the governing body may be appointed to
512
administration in a city of the third, fourth, or fifth class or a town.
513
Section 10-3-812, Change of duties in a city of the third, fourth, or fifth class or a
514
town.
515
Section 10-3-813, General administrative powers of all municipalities.
516
Section 10-3-814, Personnel assigned to one or more departments.
517
Section 10-3-815, Rules and regulations for administration of municipality.
518
Section 10-3-816, Appointed officers -- Residency requirement authorized.
519
Section 10-3-817, Elected executives to appoint their deputies.
520
Section 10-3-830, Appointment of city or town manager.
521
Section 10-3-901, Creating offices -- Filling vacancies.
522
Section 10-3-1201, Citation of act.
523
Section 10-3-1202, Legislative finding.
524
Section 10-3-1203, Election requirements and procedure for organization under
525
different form of government.
526
Section 10-3-1204, Application of act.
527
Section 10-3-1205, Rights, powers, and duties of municipality operating under
528
optional form.
529
Section 10-3-1206, Limitation on changing form of government.
530
Section 10-3-1207, Disapproval of optional form by voters -- Limitation on
531
resubmission.
532
Section 10-3-1208, Election of officers -- When new government operative --
533
Compensation of officials without position in new government.
534
Section 10-3-1210, Functions of the council.
535
Section 10-3-1211, Council members -- Qualifications -- Terms of office.
536
Section 10-3-1212, Meetings of council -- Access to records.
537
Section 10-3-1213, Chairmen of councils -- Power to call witnesses and administer
538
oath -- Quorum -- Voting procedure.
539
Section 10-3-1214, Ordinance adoption under council-mayor form -- Powers of
540
mayor.
541
Section 10-3-1215, Rules and regulations for government of council.
542
Section 10-3-1216, Council members elected from districts -- Boundary --
543
Adjustments.
544
Section 10-3-1217, Limitations on actions and authority of council members --
545
Investigatory committees.
546
Section 10-3-1218, Vacancy in council.
547
Section 10-3-1219, Council-mayor form -- Powers and duties of mayor.
548
Section 10-3-1219.5, Council-mayor form -- Ordinances on transfer of municipal
549
property and regulation of subdivisions or annexations.
550
Section 10-3-1220, Council-mayor form -- Appointment of chief administrative
551
officer.
552
Section 10-3-1221, Municipal administrative code in council-mayor form.
553
Section 10-3-1222, Council-mayor form -- Vacancy in office of mayor.
554
Section 10-3-1223, Council-manager form -- Election and powers and duties of
555
mayor.
556
Section 10-3-1224, Council-manager form -- Appointment of municipal manager.
557
Section 10-3-1225, Manager -- Removal from office.
558
Section 10-3-1226, Manager -- Powers and duties.
559
Section 10-3-1227, Municipal administrative code in council-manager form.
560
Section 10-3-1228, Manager -- Working time and compensation.
Legislative Review Note
as of 11-14-07 2:05 PM