First Substitute S.B. 20

Senator Carlene M. Walker proposes the following substitute bill:

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 General Description:
9 This bill modifies provisions of the Utah Municipal Code.
10 Highlighted Provisions:
11 This bill:
12 . rewrites and reorganizes provisions relating to forms of municipal government and
13 municipal administration;
14 . repeals provisions relating to forms of municipal government that have been
15 rewritten or made obsolete by the rewritten provisions;
16 . clarifies the forms of government under which a municipality may operate;
17 . clarifies provisions relating to the council-mayor, six-member council, and
18 five-member council forms of municipal government;
19 . requires municipalities to operate under a council mayor, six-member council, or
20 five-member council form of government, except those currently operating under a
21 specified council-manager form;
22 . requires municipalities operating under the former council-manager form of
23 government to continue to operate under that form of government, subject to a
24 future potential change to another form; and
25 . makes technical and conforming changes.

26 Monies Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 10-2-112, as last amended by Laws of Utah 2004, Chapter 202
33 10-2-114, as last amended by Laws of Utah 2004, Chapter 202
34 10-2-125, as last amended by Laws of Utah 2007, Chapter 212
35 10-2-303, as last amended by Laws of Utah 2004, Chapter 202
36 10-3-301, as last amended by Laws of Utah 2000, Chapter 65
37 10-3-502, as last amended by Laws of Utah 2003, Chapter 292
38 10-3-504, as last amended by Laws of Utah 2004, Chapter 202
39 10-3-507, as last amended by Laws of Utah 2004, Chapter 202
40 10-3-820, as enacted by Laws of Utah 1977, Chapter 48
41 10-3-902, as enacted by Laws of Utah 1977, Chapter 48
42 10-3-1106, as last amended by Laws of Utah 2004, Chapter 260
43 10-6-151, as last amended by Laws of Utah 2005, Chapter 71
44 10-9a-103, as last amended by Laws of Utah 2007, Chapters 188, 199, and 329
45 20A-1-102, as last amended by Laws of Utah 2007, Chapters 75, 256, 285, and 329
46 20A-1-506, as last amended by Laws of Utah 2006, Chapter 16
47 20A-1-510, as last amended by Laws of Utah 2000, Chapter 3
48 78-5-134, as last amended by Laws of Utah 2006, Chapter 16
49 ENACTS:
50 10-3b-101, Utah Code Annotated 1953
51 10-3b-102, Utah Code Annotated 1953
52 10-3b-103, Utah Code Annotated 1953
53 10-3b-104, Utah Code Annotated 1953
54 10-3b-201, Utah Code Annotated 1953
55 10-3b-202, Utah Code Annotated 1953
56 10-3b-203, Utah Code Annotated 1953

57 10-3b-204, Utah Code Annotated 1953
58 10-3b-205, Utah Code Annotated 1953
59 10-3b-301, Utah Code Annotated 1953
60 10-3b-302, Utah Code Annotated 1953
61 10-3b-303, Utah Code Annotated 1953
62 10-3b-401, Utah Code Annotated 1953
63 10-3b-402, Utah Code Annotated 1953
64 10-3b-403, Utah Code Annotated 1953
65 10-3b-501, Utah Code Annotated 1953
66 10-3b-502, Utah Code Annotated 1953
67 10-3b-503, Utah Code Annotated 1953
68 10-3b-504, Utah Code Annotated 1953
69 10-3b-505, Utah Code Annotated 1953
70 10-3b-506, Utah Code Annotated 1953
71 10-3b-507, Utah Code Annotated 1953
72 REPEALS:
73 10-3-101, as last amended by Laws of Utah 2004, Chapter 202
74 10-3-102, as enacted by Laws of Utah 1977, Chapter 48
75 10-3-106, as last amended by Laws of Utah 2004, Chapters 90 and 202
76 10-3-207, as enacted by Laws of Utah 1977, Chapter 48
77 10-3-403, as enacted by Laws of Utah 1977, Chapter 48
78 10-3-404, as enacted by Laws of Utah 1977, Chapter 48
79 10-3-501, as last amended by Laws of Utah 1979, Chapter 30
80 10-3-503, as last amended by Laws of Utah 1987, Chapter 92
81 10-3-802, as last amended by Laws of Utah 1987, Chapter 92
82 10-3-804, as last amended by Laws of Utah 1977, Chapter 39
83 10-3-806, as last amended by Laws of Utah 1993, Chapter 4
84 10-3-807, as last amended by Laws of Utah 1977, Chapter 39
85 10-3-808, as last amended by Laws of Utah 2003, Chapter 292
86 10-3-809, as last amended by Laws of Utah 2003, Chapter 292
87 10-3-810, as last amended by Laws of Utah 2003, Chapter 292

88 10-3-811, as last amended by Laws of Utah 2003, Chapter 292
89 10-3-812, as last amended by Laws of Utah 2003, Chapter 292
90 10-3-813, as enacted by Laws of Utah 1977, Chapter 48
91 10-3-814, as enacted by Laws of Utah 1977, Chapter 48
92 10-3-815, as enacted by Laws of Utah 1977, Chapter 48
93 10-3-816, as enacted by Laws of Utah 1977, Chapter 48
94 10-3-817, as enacted by Laws of Utah 1977, Chapter 48
95 10-3-830, as last amended by Laws of Utah 2007, Chapter 266
96 10-3-901, as enacted by Laws of Utah 1977, Chapter 48
97 10-3-1201, as enacted by Laws of Utah 1977, Chapter 48
98 10-3-1202, as enacted by Laws of Utah 1977, Chapter 48
99 10-3-1203, as last amended by Laws of Utah 2004, Chapters 202 and 371
100 10-3-1204, as enacted by Laws of Utah 1977, Chapter 48
101 10-3-1205, as enacted by Laws of Utah 1977, Chapter 48
102 10-3-1206, as last amended by Laws of Utah 1985, Chapter 222
103 10-3-1207, as enacted by Laws of Utah 1977, Chapter 48
104 10-3-1208, as last amended by Laws of Utah 2004, Chapter 202
105 10-3-1210, as enacted by Laws of Utah 1977, Chapter 48
106 10-3-1211, as enacted by Laws of Utah 1977, Chapter 48
107 10-3-1212, as last amended by Laws of Utah 2006, Chapter 14
108 10-3-1213, as enacted by Laws of Utah 1977, Chapter 48
109 10-3-1214, as enacted by Laws of Utah 1977, Chapter 48
110 10-3-1215, as enacted by Laws of Utah 1977, Chapter 48
111 10-3-1216, as last amended by Laws of Utah 1991, Chapter 54
112 10-3-1217, as last amended by Laws of Utah 1981, Chapter 47
113 10-3-1218, as repealed and reenacted by Laws of Utah 1993, Chapter 1
114 10-3-1219, as last amended by Laws of Utah 2004, Chapter 156
115 10-3-1219.5, as enacted by Laws of Utah 1979, Chapter 39
116 10-3-1220, as enacted by Laws of Utah 1977, Chapter 48
117 10-3-1221, as enacted by Laws of Utah 1977, Chapter 48
118 10-3-1222, as last amended by Laws of Utah 1993, Chapter 231

119 10-3-1223, as enacted by Laws of Utah 1977, Chapter 48
120 10-3-1224, as enacted by Laws of Utah 1977, Chapter 48
121 10-3-1225, as enacted by Laws of Utah 1977, Chapter 48
122 10-3-1226, as enacted by Laws of Utah 1977, Chapter 48
123 10-3-1227, as enacted by Laws of Utah 1977, Chapter 48
124 10-3-1228, as enacted by Laws of Utah 1977, Chapter 48
125
126 Be it enacted by the Legislature of the state of Utah:
127 Section 1. Section 10-2-112 is amended to read:
128 10-2-112. Ballot used at the incorporation election.
129 (1) The ballot at the incorporation election under Subsection 10-2-111 (1) shall pose the
130 incorporation question substantially as follows:
131 Shall the area described as (insert a description of the proposed city) be incorporated as
132 the city of (insert the proposed name of the proposed city)?
133 (2) The ballot shall provide a space for the voter to answer yes or no to the question in
134 Subsection (1).
135 (3) (a) The ballot at the incorporation election shall also pose the question relating to
136 the form of government substantially as follows:
137 If the above incorporation proposal passes, under what form of municipal government
138 shall (insert the name of the proposed city) operate? Vote for one:
139 Five-member [City] Council form
140 Six-member [City] Council form
141 [Council-Mayor] Five-member council-mayor form
142 [Council-Manager form] Seven-member council-mayor form.
143 (b) The ballot shall provide a space for the voter to vote for one form of government.
144 (4) (a) The ballot at the incorporation election shall also pose the question of whether
145 to elect city council members by district substantially as follows:
146 If the above incorporation proposal passes, shall members of the city council of (insert
147 the name of the proposed city) be elected by district?
148 (b) The ballot shall provide a space for the voter to answer yes or no to the question in
149 Subsection (4)(a).

150 Section 2. Section 10-2-114 is amended to read:
151 10-2-114. Determination of number of council members -- Determination of
152 election districts -- Hearings and notice.
153 (1) If the incorporation proposal passes, the petition sponsors shall, within 25 days of
154 the canvass of the election under Section 10-2-111 :
155 (a) if the voters at the incorporation election choose [either] the council-mayor [or the
156 council-manager] form of government, determine the number of council members that will
157 constitute the council of the future city;
158 (b) if the voters at the incorporation election vote to elect council members by district,
159 determine the number of council members to be elected by district and draw the boundaries of
160 those districts, which shall be substantially equal in population;
161 (c) determine the initial terms of the mayor and members of the city council so that:
162 (i) the mayor and approximately half the members of the city council are elected to
163 serve an initial term, of no less than one year, that allows their successors to serve a full
164 four-year term that coincides with the schedule established in Subsection 10-3-205 (1); and
165 (ii) the remaining members of the city council are elected to serve an initial term, of no
166 less than one year, that allows their successors to serve a full four-year term that coincides with
167 the schedule established in Subsection 10-3-205 (2); and
168 (d) submit in writing to the county legislative body the results of the sponsors'
169 determinations under Subsections (1)(a), (b), and (c).
170 (2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petition
171 sponsors shall hold a public hearing within the future city on the applicable issues under
172 Subsections (1)(a), (b), and (c).
173 (b) (i) The petition sponsors shall publish notice of the public hearing under Subsection
174 (2)(a) in a newspaper of general circulation within the future city at least once a week for two
175 successive weeks before the hearing.
176 (ii) The last publication of notice under Subsection (2)(b)(i) shall be at least three days
177 before the public hearing under Subsection (2)(a).
178 (c) (i) If there is no newspaper of general circulation within the future city, the petition
179 sponsors shall post at least one notice of the hearing per 1,000 population in conspicuous
180 places within the future city that are most likely to give notice of the hearing to the residents of

181 the future city.
182 (ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least seven
183 days before the hearing under Subsection (2)(a).
184 Section 3. Section 10-2-125 is amended to read:
185 10-2-125. Incorporation of a town.
186 (1) As used in this section:
187 (a) "Base petition" means a petition under this section proposing the incorporation of a
188 town and signed by the owners of private real property that:
189 (i) is located within the area proposed to be incorporated;
190 (ii) covers at least a majority of the total private land area within the area proposed to
191 be incorporated; and
192 (iii) is equal in value to at least 1/3 but not more than 1/2 of the value of all private real
193 property within the area proposed to be incorporated.
194 (b) "Qualifying petition" means a petition under this section proposing the
195 incorporation of a town and signed by the owners of private real property that:
196 (i) is located within the area proposed to be incorporated;
197 (ii) covers at least a majority of the total private land area within the area proposed to
198 be incorporated; and
199 (iii) is equal in value to more than 1/2 of the value of all private real property within
200 the area proposed to be incorporated.
201 (2) (a) A contiguous area of a county not within a municipality, with a population of at
202 least 100 but less than 1,000, may incorporate as a town as provided in this section.
203 (b) (i) The population figure under Subsection (2)(a) shall be derived from the most
204 recent official census or census estimate of the United States Bureau of the Census.
205 (ii) If the population figure is not available from the United States Bureau of the
206 Census, the population figure shall be derived from the estimate from the Utah Population
207 Estimates Committee.
208 (3) (a) The process to incorporate an area as a town is initiated by filing a petition with
209 the clerk of the county in which the area is located.
210 (b) Each petition under Subsection (3)(a) shall:
211 (i) be signed by the owners of private real property that:

212 (A) is located within the area proposed to be incorporated;
213 (B) covers a majority of the total private land area within the area; and
214 (C) is equal in value to at least 1/3 of the value of all private real property within the
215 area;
216 (ii) state the legal description of the boundaries of the area proposed to be incorporated
217 as a town;
218 (iii) designate up to five signers of the petition as sponsors, one of whom shall be
219 designated as the contact sponsor, with the mailing address of each owner signing as a sponsor;
220 (iv) be accompanied by and circulated with an accurate map or plat, prepared by a
221 licensed surveyor, showing the boundaries of the proposed town; and
222 (v) substantially comply with and be circulated in the following form:
223 PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
224 town)
225 To the Honorable County Legislative Body of (insert the name of the county in which
226 the proposed town is located) County, Utah:
227 We, the undersigned owners of real property within the area described in this petition,
228 respectfully petition the county legislative body for the area described in this petition to be
229 incorporated as a town. Each of the undersigned affirms that each has personally signed this
230 petition and is an owner of real property within the described area, and that the current
231 residence address of each is correctly written after the signer's name. The area proposed to be
232 incorporated as a town is described as follows: (insert an accurate description of the area
233 proposed to be incorporated).
234 (c) A petition under this section may not describe an area that includes some or all of
235 an area proposed for annexation in an annexation petition under Section 10-2-403 that:
236 (i) was filed before the filing of the petition; and
237 (ii) is still pending on the date the petition is filed.
238 (4) Section 10-2-104 applies to a petition for incorporation as a town in any county,
239 except that the notice under Subsection 10-2-104 (1) shall be sent within seven calendar days
240 after the filing of a petition under Subsection (3).
241 (5) (a) (i) The legislative body of each county with which a base petition is filed under
242 this section shall commission and pay for a feasibility study as provided in Section 10-2-103 .

243 (ii) If the results of the feasibility study under Subsection (5)(a)(i) meet the
244 requirements of Subsection 10-2-109 (3), the county legislative body shall grant the petition.
245 (iii) If the results of the feasibility study under Subsection (5)(a)(i) do not meet the
246 requirements of Subsection 10-2-109 (3), the county legislative body may:
247 (A) deny the petition;
248 (B) grant the petition; or
249 (C) with the consent of the petition sponsors, grant the petition, after:
250 (I) imposing conditions to mitigate the fiscal inequities identified in the feasibility
251 study; or
252 (II) altering the boundaries of the area proposed to be incorporated as a town to
253 approximate the boundaries necessary to meet the requirements of Subsection 10-2-109 (3).
254 (iv) Each town that incorporates pursuant to a petition granted after the county
255 legislative body imposes conditions under Subsection (5)(a)(iii)(C)(I) shall comply with those
256 conditions.
257 (b) The legislative body of each county of the second, third, fourth, fifth, or sixth class
258 with which a qualifying petition is filed shall grant the petition.
259 (6) (a) Upon the granting of a petition filed under this section, the legislative body of
260 the county in which the proposed town is located shall appoint a mayor and members of the
261 town council from a list of qualified individuals approved by the petition sponsors.
262 (b) The officers appointed under Subsection (6)(a) shall hold office until the next
263 regular municipal election and until their successors are elected and qualified.
264 (7) Each newly incorporated town shall operate under the [six-member] five-member
265 council form of government as [described] defined in Section [ 10-3-101 ] 10-3b-102 .
266 (8) (a) Each mayor appointed under Subsection (6) shall, within seven days of
267 appointment, file articles of incorporation of the new town with the lieutenant governor.
268 (b) The articles of incorporation shall meet the requirements of Subsection
269 10-2-119 (2).
270 (9) A town is incorporated upon the lieutenant governor's issuance of a certificate of
271 entity creation under Section 67-1a-6.5 .
272 (10) The legislative body of the new town shall comply with the notice requirements of
273 Section 10-1-116 .

274 Section 4. Section 10-2-303 is amended to read:
275 10-2-303. Effect of change in class.
276 (1) [(a)] If a municipality changes from one class to another:
277 [(i)] (a) all property, property rights, and other rights that belonged to or were vested in
278 the municipality at the time of the change shall belong to and be vested in it after the change;
279 [(ii)] (b) no contract, claim, or right of the municipality or demand or liability against it
280 shall be altered or affected in any way by the change;
281 [(iii)] (c) each ordinance, order, and resolution in force in the municipality when it
282 changes classes shall, to the extent that it is not inconsistent with law, not be affected by the
283 change and shall remain in effect until repealed or amended;
284 [(iv)] (d) the change shall not affect the identity of the municipality;
285 [(v)] (e) each municipal officer in office at the time of the change shall continue as an
286 officer until that officer's term expires and a successor is duly elected and qualified; and
287 [(vi) except as provided in Subsection (1)(b),]
288 (f) the municipality maintains after the change in class the same form of government
289 that it had immediately before the change.
290 [(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
292 governor's certificate under Section 10-2-302 , change to a six-member council form.]
293 [(ii) As soon as practicable after the change in form of government under Subsection
294 (1)(b)(i), the governing body shall appoint a sixth council member to serve until a successor is
295 elected at the next municipal general election at which the mayor is not subject to election.]
296 (2) (a) A change in class does not affect an action at law, prosecution, business, or
297 work of the municipality changing classes, and proceedings shall continue and may be
298 conducted and proceed as if no change in class had occurred.
299 (b) Notwithstanding Subsection (2)(a), if the law applicable to a municipality under the
300 new class provides the municipality a different remedy with respect to a right that it possessed
301 at the time of the change, the remedy shall be cumulative to the remedy applicable before the
302 change in class.
303 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 .
309 (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
311 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
314 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
317 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
322 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