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First Substitute S.B. 20
Senator Carlene M. Walker proposes the following substitute bill:
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MUNICIPAL GOVERNMENT AMENDMENTS
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2008 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Carlene M. Walker
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House Sponsor:
Aaron Tilton
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LONG TITLE
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General Description:
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This bill modifies provisions of the Utah Municipal Code.
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Highlighted Provisions:
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This bill:
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. rewrites and reorganizes provisions relating to forms of municipal government and
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municipal administration;
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. repeals provisions relating to forms of municipal government that have been
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rewritten or made obsolete by the rewritten provisions;
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. clarifies the forms of government under which a municipality may operate;
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. clarifies provisions relating to the council-mayor, six-member council, and
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five-member council forms of municipal government;
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. requires municipalities to operate under a council mayor, six-member council, or
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five-member council form of government, except those currently operating under a
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specified council-manager form;
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. requires municipalities operating under the former council-manager form of
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government to continue to operate under that form of government, subject to a
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future potential change to another form; and
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. makes technical and conforming changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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10-2-112, as last amended by Laws of Utah 2004, Chapter 202
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10-2-114, as last amended by Laws of Utah 2004, Chapter 202
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10-2-125, as last amended by Laws of Utah 2007, Chapter 212
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10-2-303, as last amended by Laws of Utah 2004, Chapter 202
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10-3-301, as last amended by Laws of Utah 2000, Chapter 65
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10-3-502, as last amended by Laws of Utah 2003, Chapter 292
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10-3-504, as last amended by Laws of Utah 2004, Chapter 202
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10-3-507, as last amended by Laws of Utah 2004, Chapter 202
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10-3-820, as enacted by Laws of Utah 1977, Chapter 48
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10-3-902, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1106, as last amended by Laws of Utah 2004, Chapter 260
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10-6-151, as last amended by Laws of Utah 2005, Chapter 71
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10-9a-103, as last amended by Laws of Utah 2007, Chapters 188, 199, and 329
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20A-1-102, as last amended by Laws of Utah 2007, Chapters 75, 256, 285, and 329
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20A-1-506, as last amended by Laws of Utah 2006, Chapter 16
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20A-1-510, as last amended by Laws of Utah 2000, Chapter 3
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78-5-134, as last amended by Laws of Utah 2006, Chapter 16
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ENACTS:
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10-3b-101, Utah Code Annotated 1953
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10-3b-102, Utah Code Annotated 1953
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10-3b-103, Utah Code Annotated 1953
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10-3b-104, Utah Code Annotated 1953
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10-3b-201, Utah Code Annotated 1953
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10-3b-202, Utah Code Annotated 1953
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10-3b-203, Utah Code Annotated 1953
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10-3b-204, Utah Code Annotated 1953
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10-3b-205, Utah Code Annotated 1953
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10-3b-301, Utah Code Annotated 1953
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10-3b-302, Utah Code Annotated 1953
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10-3b-303, Utah Code Annotated 1953
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10-3b-401, Utah Code Annotated 1953
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10-3b-402, Utah Code Annotated 1953
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10-3b-403, Utah Code Annotated 1953
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10-3b-501, Utah Code Annotated 1953
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10-3b-502, Utah Code Annotated 1953
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10-3b-503, Utah Code Annotated 1953
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10-3b-504, Utah Code Annotated 1953
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10-3b-505, Utah Code Annotated 1953
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10-3b-506, Utah Code Annotated 1953
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10-3b-507, Utah Code Annotated 1953
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REPEALS:
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10-3-101, as last amended by Laws of Utah 2004, Chapter 202
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10-3-102, as enacted by Laws of Utah 1977, Chapter 48
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10-3-106, as last amended by Laws of Utah 2004, Chapters 90 and 202
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10-3-207, as enacted by Laws of Utah 1977, Chapter 48
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10-3-403, as enacted by Laws of Utah 1977, Chapter 48
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10-3-404, as enacted by Laws of Utah 1977, Chapter 48
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10-3-501, as last amended by Laws of Utah 1979, Chapter 30
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10-3-503, as last amended by Laws of Utah 1987, Chapter 92
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10-3-802, as last amended by Laws of Utah 1987, Chapter 92
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10-3-804, as last amended by Laws of Utah 1977, Chapter 39
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10-3-806, as last amended by Laws of Utah 1993, Chapter 4
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10-3-807, as last amended by Laws of Utah 1977, Chapter 39
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10-3-808, as last amended by Laws of Utah 2003, Chapter 292
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10-3-809, as last amended by Laws of Utah 2003, Chapter 292
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10-3-810, as last amended by Laws of Utah 2003, Chapter 292
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10-3-811, as last amended by Laws of Utah 2003, Chapter 292
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10-3-812, as last amended by Laws of Utah 2003, Chapter 292
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10-3-813, as enacted by Laws of Utah 1977, Chapter 48
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10-3-814, as enacted by Laws of Utah 1977, Chapter 48
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10-3-815, as enacted by Laws of Utah 1977, Chapter 48
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10-3-816, as enacted by Laws of Utah 1977, Chapter 48
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10-3-817, as enacted by Laws of Utah 1977, Chapter 48
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10-3-830, as last amended by Laws of Utah 2007, Chapter 266
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10-3-901, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1201, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1202, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1203, as last amended by Laws of Utah 2004, Chapters 202 and 371
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10-3-1204, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1205, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1206, as last amended by Laws of Utah 1985, Chapter 222
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10-3-1207, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1208, as last amended by Laws of Utah 2004, Chapter 202
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10-3-1210, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1211, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1212, as last amended by Laws of Utah 2006, Chapter 14
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10-3-1213, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1214, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1215, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1216, as last amended by Laws of Utah 1991, Chapter 54
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10-3-1217, as last amended by Laws of Utah 1981, Chapter 47
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10-3-1218, as repealed and reenacted by Laws of Utah 1993, Chapter 1
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10-3-1219, as last amended by Laws of Utah 2004, Chapter 156
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10-3-1219.5, as enacted by Laws of Utah 1979, Chapter 39
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10-3-1220, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1221, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1222, as last amended by Laws of Utah 1993, Chapter 231
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10-3-1223, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1224, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1225, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1226, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1227, as enacted by Laws of Utah 1977, Chapter 48
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10-3-1228, as enacted by Laws of Utah 1977, Chapter 48
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-2-112
is amended to read:
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10-2-112. Ballot used at the incorporation election.
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(1) The ballot at the incorporation election under Subsection
10-2-111
(1) shall pose the
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incorporation question substantially as follows:
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Shall the area described as (insert a description of the proposed city) be incorporated as
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the city of (insert the proposed name of the proposed city)?
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(2) The ballot shall provide a space for the voter to answer yes or no to the question in
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Subsection (1).
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(3) (a) The ballot at the incorporation election shall also pose the question relating to
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the form of government substantially as follows:
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If the above incorporation proposal passes, under what form of municipal government
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shall (insert the name of the proposed city) operate? Vote for one:
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Five-member [City] Council form
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Six-member [City] Council form
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[Council-Mayor] Five-member council-mayor form
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[Council-Manager form] Seven-member council-mayor form.
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(b) The ballot shall provide a space for the voter to vote for one form of government.
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(4) (a) The ballot at the incorporation election shall also pose the question of whether
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to elect city council members by district substantially as follows:
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If the above incorporation proposal passes, shall members of the city council of (insert
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the name of the proposed city) be elected by district?
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(b) The ballot shall provide a space for the voter to answer yes or no to the question in
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Subsection (4)(a).
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Section 2.
Section
10-2-114
is amended to read:
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10-2-114. Determination of number of council members -- Determination of
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election districts -- Hearings and notice.
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(1) If the incorporation proposal passes, the petition sponsors shall, within 25 days of
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the canvass of the election under Section
10-2-111
:
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(a) if the voters at the incorporation election choose [either] the council-mayor [or the
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council-manager] form of government, determine the number of council members that will
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constitute the council of the future city;
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(b) if the voters at the incorporation election vote to elect council members by district,
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determine the number of council members to be elected by district and draw the boundaries of
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those districts, which shall be substantially equal in population;
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(c) determine the initial terms of the mayor and members of the city council so that:
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(i) the mayor and approximately half the members of the city council are elected to
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serve an initial term, of no less than one year, that allows their successors to serve a full
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four-year term that coincides with the schedule established in Subsection
10-3-205
(1); and
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(ii) the remaining members of the city council are elected to serve an initial term, of no
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less than one year, that allows their successors to serve a full four-year term that coincides with
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the schedule established in Subsection
10-3-205
(2); and
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(d) submit in writing to the county legislative body the results of the sponsors'
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determinations under Subsections (1)(a), (b), and (c).
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(2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petition
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sponsors shall hold a public hearing within the future city on the applicable issues under
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Subsections (1)(a), (b), and (c).
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(b) (i) The petition sponsors shall publish notice of the public hearing under Subsection
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(2)(a) in a newspaper of general circulation within the future city at least once a week for two
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successive weeks before the hearing.
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(ii) The last publication of notice under Subsection (2)(b)(i) shall be at least three days
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before the public hearing under Subsection (2)(a).
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(c) (i) If there is no newspaper of general circulation within the future city, the petition
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sponsors shall post at least one notice of the hearing per 1,000 population in conspicuous
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places within the future city that are most likely to give notice of the hearing to the residents of
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the future city.
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(ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least seven
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days before the hearing under Subsection (2)(a).
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Section 3.
Section
10-2-125
is amended to read:
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10-2-125. Incorporation of a town.
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(1) As used in this section:
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(a) "Base petition" means a petition under this section proposing the incorporation of a
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town and signed by the owners of private real property that:
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(i) is located within the area proposed to be incorporated;
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(ii) covers at least a majority of the total private land area within the area proposed to
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be incorporated; and
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(iii) is equal in value to at least 1/3 but not more than 1/2 of the value of all private real
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property within the area proposed to be incorporated.
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(b) "Qualifying petition" means a petition under this section proposing the
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incorporation of a town and signed by the owners of private real property that:
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(i) is located within the area proposed to be incorporated;
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(ii) covers at least a majority of the total private land area within the area proposed to
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be incorporated; and
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(iii) is equal in value to more than 1/2 of the value of all private real property within
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the area proposed to be incorporated.
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(2) (a) A contiguous area of a county not within a municipality, with a population of at
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least 100 but less than 1,000, may incorporate as a town as provided in this section.
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(b) (i) The population figure under Subsection (2)(a) shall be derived from the most
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recent official census or census estimate of the United States Bureau of the Census.
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(ii) If the population figure is not available from the United States Bureau of the
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Census, the population figure shall be derived from the estimate from the Utah Population
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Estimates Committee.
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(3) (a) The process to incorporate an area as a town is initiated by filing a petition with
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the clerk of the county in which the area is located.
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(b) Each petition under Subsection (3)(a) shall:
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(i) be signed by the owners of private real property that:
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(A) is located within the area proposed to be incorporated;
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(B) covers a majority of the total private land area within the area; and
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(C) is equal in value to at least 1/3 of the value of all private real property within the
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area;
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(ii) state the legal description of the boundaries of the area proposed to be incorporated
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as a town;
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(iii) designate up to five signers of the petition as sponsors, one of whom shall be
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designated as the contact sponsor, with the mailing address of each owner signing as a sponsor;
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(iv) be accompanied by and circulated with an accurate map or plat, prepared by a
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licensed surveyor, showing the boundaries of the proposed town; and
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(v) substantially comply with and be circulated in the following form:
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PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
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town)
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To the Honorable County Legislative Body of (insert the name of the county in which
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the proposed town is located) County, Utah:
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We, the undersigned owners of real property within the area described in this petition,
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respectfully petition the county legislative body for the area described in this petition to be
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incorporated as a town. Each of the undersigned affirms that each has personally signed this
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petition and is an owner of real property within the described area, and that the current
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residence address of each is correctly written after the signer's name. The area proposed to be
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incorporated as a town is described as follows: (insert an accurate description of the area
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proposed to be incorporated).
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(c) A petition under this section may not describe an area that includes some or all of
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an area proposed for annexation in an annexation petition under Section
10-2-403
that:
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(i) was filed before the filing of the petition; and
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(ii) is still pending on the date the petition is filed.
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(4) Section
10-2-104
applies to a petition for incorporation as a town in any county,
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except that the notice under Subsection
10-2-104
(1) shall be sent within seven calendar days
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after the filing of a petition under Subsection (3).
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(5) (a) (i) The legislative body of each county with which a base petition is filed under
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this section shall commission and pay for a feasibility study as provided in Section
10-2-103
.
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(ii) If the results of the feasibility study under Subsection (5)(a)(i) meet the
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requirements of Subsection
10-2-109
(3), the county legislative body shall grant the petition.
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(iii) If the results of the feasibility study under Subsection (5)(a)(i) do not meet the
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requirements of Subsection
10-2-109
(3), the county legislative body may:
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(A) deny the petition;
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(B) grant the petition; or
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(C) with the consent of the petition sponsors, grant the petition, after:
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(I) imposing conditions to mitigate the fiscal inequities identified in the feasibility
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study; or
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(II) altering the boundaries of the area proposed to be incorporated as a town to
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approximate the boundaries necessary to meet the requirements of Subsection
10-2-109
(3).
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(iv) Each town that incorporates pursuant to a petition granted after the county
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legislative body imposes conditions under Subsection (5)(a)(iii)(C)(I) shall comply with those
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conditions.
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(b) The legislative body of each county of the second, third, fourth, fifth, or sixth class
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with which a qualifying petition is filed shall grant the petition.
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(6) (a) Upon the granting of a petition filed under this section, the legislative body of
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the county in which the proposed town is located shall appoint a mayor and members of the
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town council from a list of qualified individuals approved by the petition sponsors.
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(b) The officers appointed under Subsection (6)(a) shall hold office until the next
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regular municipal election and until their successors are elected and qualified.
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(7) Each newly incorporated town shall operate under the [six-member] five-member
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council form of government as [described] defined in Section [
10-3-101
]
10-3b-102
.
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(8) (a) Each mayor appointed under Subsection (6) shall, within seven days of
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appointment, file articles of incorporation of the new town with the lieutenant governor.
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(b) The articles of incorporation shall meet the requirements of Subsection
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10-2-119
(2).
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(9) A town is incorporated upon the lieutenant governor's issuance of a certificate of
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entity creation under Section
67-1a-6.5
.
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(10) The legislative body of the new town shall comply with the notice requirements of
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Section
10-1-116
.
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Section 4.
Section
10-2-303
is amended to read:
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10-2-303. Effect of change in class.
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(1) [(a)] If a municipality changes from one class to another:
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[(i)] (a) all property, property rights, and other rights that belonged to or were vested in
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the municipality at the time of the change shall belong to and be vested in it after the change;
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[(ii)] (b) no contract, claim, or right of the municipality or demand or liability against it
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shall be altered or affected in any way by the change;
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[(iii)] (c) each ordinance, order, and resolution in force in the municipality when it
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changes classes shall, to the extent that it is not inconsistent with law, not be affected by the
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change and shall remain in effect until repealed or amended;
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[(iv)] (d) the change shall not affect the identity of the municipality;
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[(v)] (e) each municipal officer in office at the time of the change shall continue as an
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officer until that officer's term expires and a successor is duly elected and qualified; and
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[(vi) except as provided in Subsection (1)(b),]
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(f) the municipality maintains after the change in class the same form of government
289
that it had immediately before the change.
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[(b) (i) If a town operating under a five-member council form of government changes
291
classes to a fifth class city, its form of government shall, upon issuance of the lieutenant
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governor's certificate under Section
10-2-302
, change to a six-member council form.]
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[(ii) As soon as practicable after the change in form of government under Subsection
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(1)(b)(i), the governing body shall appoint a sixth council member to serve until a successor is
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elected at the next municipal general election at which the mayor is not subject to election.]
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(2) (a) A change in class does not affect an action at law, prosecution, business, or
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work of the municipality changing classes, and proceedings shall continue and may be
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conducted and proceed as if no change in class had occurred.
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(b) Notwithstanding Subsection (2)(a), if the law applicable to a municipality under the
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new class provides the municipality a different remedy with respect to a right that it possessed
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at the time of the change, the remedy shall be cumulative to the remedy applicable before the
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change in class.
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Section 5.
Section
10-3-301
is amended to read:
304
10-3-301. Eligibility and residency requirements for elected municipal office.
305
(1) (a) A person filing a declaration of candidacy for a municipal office shall:
306
(i) have been a resident of the municipality in which the person seeks office for at least
307
365 consecutive days immediately before the date of the election; and
308
(ii) meet the other requirements of Section
20A-9-203
.
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(b) A person living in an area annexed to a municipality meets the residency
310
requirement of this subsection if that person resided within the area annexed to the
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municipality for at least 365 consecutive days before the date of the election.
312
(c) For purposes of determining whether a person meets the residency requirement of
313
Subsection (1)(a)(i) in a municipality that was incorporated less than 365 days before the
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election, the municipality shall be considered to have been incorporated 365 days before the
315
election.
316
(2) Any person elected to municipal office shall be a registered voter in the
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municipality in which the person was elected.
318
(3) (a) Each elected officer of a municipality shall maintain residency within the
319
boundaries of the municipality during the officer's term of office.
320
(b) If an elected officer of a municipality establishes a principal place of residence as
321
provided in Section
20A-2-105
outside the municipality during the officer's term of office, the
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office is automatically vacant.
323
(4) If an elected municipal officer is absent from the municipality any time during the
324
officer's term of office for a continuous period of more than 60 days without the consent of the
325
municipal legislative body, the municipal office is automatically vacant.
326
(5) (a) A mayor of a municipality may not also serve as the municipal recorder or
327
treasurer.
328
(b) The recorder of a municipality may not also serve as the municipal treasurer.
329
Section 6.
Section
10-3-502
is amended to read:
330
10-3-502. Meetings in cities of the third, fourth, or fifth class and towns.
331
[In each city of the third, fourth, or fifth class and each town, the governing body shall]
332
(1) The council of each municipality shall:
333
(a) by ordinance prescribe the time and place for holding its regular meeting [which
334
shall be held], subject to Subsection (1)(b); and
335
(b) hold a regular meeting at least once each month. [If at any time the business of
336
such city or town requires a special meeting of the governing body, such meeting may be
337
ordered by the mayor or any two members of the governing body. The order shall]
338
(2) (a) The mayor of a municipality or a majority of council members may order the
339
convening of a special meeting of the council.
340
(b) Each order convening a special meeting of the council shall:
341
(i) be entered in the minutes of the [governing body. The order shall] council; and
342
(ii) provide at least three hours' notice of the special meeting [and notice thereof shall
343
be served by the].
344
(c) The municipal recorder or clerk shall serve notice of the special meeting on each
345
council member who did not sign the order by delivering the notice personally or by leaving it
346
at the member's usual place of abode.
347
(d) The personal appearance by a council member at [any specially called] a special
348
meeting of the council constitutes a waiver of the notice required [in this section] under
349
Subsection (2)(c).
350
Section 7.
Section
10-3-504
is amended to read:
351
10-3-504. Quorum defined.
352
[(1)] The number of council members [of the governing body] necessary to constitute a
353
quorum [is:] of the council is a majority of all voting members, without considering any
354
vacancy in the council.
355
[(a) in a municipality operating under a five-member or six-member city council form
356
of government or a five-member council-manager form of government, three or more; or]
357
[(b) in a seven-member council-manager form of government, four or more.]
358
[(2) The number of members of the legislative body of a municipality operating under
359
a council-mayor form of government necessary to constitute a quorum is:]
360
[(a) for a five-member council-mayor form, three; and]
361
[(b) for a seven-member council-mayor form, four.]
362
Section 8.
Section
10-3-507
is amended to read:
363
10-3-507. Minimum vote required.
364
(1) [(a)] The minimum number of yes votes required to pass any ordinance or
365
resolution, or to take any action by the [governing body] council, unless otherwise prescribed
366
by law, [shall be a majority of the members of the quorum, but may never be less than:] is the
367
minimum number required for a quorum under Section
10-3-504
.
368
[(i) for a municipality operating under a five-member or six-member council form of
369
government or a five-member council-manager form of government, three; or]
370
[(ii) for a municipality operating under a seven-member council-manager form of
371
government, four.]
372
[(b) The minimum number of yes votes requires to pass an ordinance or resolution or
373
to take an action by the legislative body of a municipality operating under a council-mayor
374
form of government, unless otherwise prescribed by law, shall be a majority of the members of
375
the quorum, but may never be less than:]
376
[(i) for a five-member council-mayor form, three; and]
377
[(ii) for a seven-member council-mayor form, four.]
378
(2) (a) Any ordinance, resolution, or motion of the [governing body] council having