Second 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 20A-9-203, as last amended by Laws of Utah 2007, Chapters 83, 97, and 256
49 78-5-134, as last amended by Laws of Utah 2006, Chapter 16
50 ENACTS:
51 10-3b-101, Utah Code Annotated 1953
52 10-3b-102, Utah Code Annotated 1953
53 10-3b-103, Utah Code Annotated 1953
54 10-3b-104, Utah Code Annotated 1953
55 10-3b-105, Utah Code Annotated 1953
56 10-3b-201, Utah Code Annotated 1953

57 10-3b-202, Utah Code Annotated 1953
58 10-3b-203, Utah Code Annotated 1953
59 10-3b-204, Utah Code Annotated 1953
60 10-3b-205, Utah Code Annotated 1953
61 10-3b-301, Utah Code Annotated 1953
62 10-3b-302, Utah Code Annotated 1953
63 10-3b-303, Utah Code Annotated 1953
64 10-3b-401, Utah Code Annotated 1953
65 10-3b-402, Utah Code Annotated 1953
66 10-3b-403, Utah Code Annotated 1953
67 10-3b-501, Utah Code Annotated 1953
68 10-3b-502, Utah Code Annotated 1953
69 10-3b-503, Utah Code Annotated 1953
70 10-3b-504, Utah Code Annotated 1953
71 10-3b-505, Utah Code Annotated 1953
72 10-3b-506, Utah Code Annotated 1953
73 10-3b-507, Utah Code Annotated 1953
74 REPEALS:
75 10-3-101, as last amended by Laws of Utah 2004, Chapter 202
76 10-3-102, as enacted by Laws of Utah 1977, Chapter 48
77 10-3-106, as last amended by Laws of Utah 2004, Chapters 90 and 202
78 10-3-206, as last amended by Laws of Utah 2004, Chapter 202
79 10-3-207, as enacted by Laws of Utah 1977, Chapter 48
80 10-3-403, as enacted by Laws of Utah 1977, Chapter 48
81 10-3-404, as enacted by Laws of Utah 1977, Chapter 48
82 10-3-501, as last amended by Laws of Utah 1979, Chapter 30
83 10-3-503, as last amended by Laws of Utah 1987, Chapter 92
84 10-3-802, as last amended by Laws of Utah 1987, Chapter 92
85 10-3-804, as last amended by Laws of Utah 1977, Chapter 39
86 10-3-806, as last amended by Laws of Utah 1993, Chapter 4
87 10-3-807, as last amended by Laws of Utah 1977, Chapter 39

88 10-3-808, as last amended by Laws of Utah 2003, Chapter 292
89 10-3-809, as last amended by Laws of Utah 2003, Chapter 292
90 10-3-810, as last amended by Laws of Utah 2003, Chapter 292
91 10-3-811, as last amended by Laws of Utah 2003, Chapter 292
92 10-3-812, as last amended by Laws of Utah 2003, Chapter 292
93 10-3-813, as enacted by Laws of Utah 1977, Chapter 48
94 10-3-814, as enacted by Laws of Utah 1977, Chapter 48
95 10-3-815, as enacted by Laws of Utah 1977, Chapter 48
96 10-3-816, as enacted by Laws of Utah 1977, Chapter 48
97 10-3-817, as enacted by Laws of Utah 1977, Chapter 48
98 10-3-830, as last amended by Laws of Utah 2007, Chapter 266
99 10-3-901, as enacted by Laws of Utah 1977, Chapter 48
100 10-3-1201, as enacted by Laws of Utah 1977, Chapter 48
101 10-3-1202, as enacted by Laws of Utah 1977, Chapter 48
102 10-3-1203, as last amended by Laws of Utah 2004, Chapters 202 and 371
103 10-3-1204, as enacted by Laws of Utah 1977, Chapter 48
104 10-3-1205, as enacted by Laws of Utah 1977, Chapter 48
105 10-3-1206, as last amended by Laws of Utah 1985, Chapter 222
106 10-3-1207, as enacted by Laws of Utah 1977, Chapter 48
107 10-3-1208, as last amended by Laws of Utah 2004, Chapter 202
108 10-3-1210, as enacted by Laws of Utah 1977, Chapter 48
109 10-3-1211, as enacted by Laws of Utah 1977, Chapter 48
110 10-3-1212, as last amended by Laws of Utah 2006, Chapter 14
111 10-3-1213, as enacted by Laws of Utah 1977, Chapter 48
112 10-3-1214, as enacted by Laws of Utah 1977, Chapter 48
113 10-3-1215, as enacted by Laws of Utah 1977, Chapter 48
114 10-3-1216, as last amended by Laws of Utah 1991, Chapter 54
115 10-3-1217, as last amended by Laws of Utah 1981, Chapter 47
116 10-3-1218, as repealed and reenacted by Laws of Utah 1993, Chapter 1
117 10-3-1219, as last amended by Laws of Utah 2004, Chapter 156
118 10-3-1219.5, as enacted by Laws of Utah 1979, Chapter 39

119 10-3-1220, as enacted by Laws of Utah 1977, Chapter 48
120 10-3-1221, as enacted by Laws of Utah 1977, Chapter 48
121 10-3-1222, as last amended by Laws of Utah 1993, Chapter 231
122 10-3-1223, as enacted by Laws of Utah 1977, Chapter 48
123 10-3-1224, as enacted by Laws of Utah 1977, Chapter 48
124 10-3-1225, as enacted by Laws of Utah 1977, Chapter 48
125 10-3-1226, as enacted by Laws of Utah 1977, Chapter 48
126 10-3-1227, as enacted by Laws of Utah 1977, Chapter 48
127 10-3-1228, as enacted by Laws of Utah 1977, Chapter 48
128
129 Be it enacted by the Legislature of the state of Utah:
130 Section 1. Section 10-2-112 is amended to read:
131 10-2-112. Ballot used at the incorporation election.
132 (1) The ballot at the incorporation election under Subsection 10-2-111 (1) shall pose the
133 incorporation question substantially as follows:
134 Shall the area described as (insert a description of the proposed city) be incorporated as
135 the city of (insert the proposed name of the proposed city)?
136 (2) The ballot shall provide a space for the voter to answer yes or no to the question in
137 Subsection (1).
138 (3) (a) The ballot at the incorporation election shall also pose the question relating to
139 the form of government substantially as follows:
140 If the above incorporation proposal passes, under what form of municipal government
141 shall (insert the name of the proposed city) operate? Vote for one:
142 Five-member [City] Council form
143 Six-member [City] Council form
144 [Council-Mayor] Five-member council-mayor form
145 [Council-Manager form] Seven-member council-mayor form.
146 (b) The ballot shall provide a space for the voter to vote for one form of government.
147 (4) (a) The ballot at the incorporation election shall also pose the question of whether
148 to elect city council members by district substantially as follows:
149 If the above incorporation proposal passes, shall members of the city council of (insert

150 the name of the proposed city) be elected by district?
151 (b) The ballot shall provide a space for the voter to answer yes or no to the question in
152 Subsection (4)(a).
153 Section 2. Section 10-2-114 is amended to read:
154 10-2-114. Determination of number of council members -- Determination of
155 election districts -- Hearings and notice.
156 (1) If the incorporation proposal passes, the petition sponsors shall, within 25 days of
157 the canvass of the election under Section 10-2-111 :
158 (a) if the voters at the incorporation election choose [either] the council-mayor [or the
159 council-manager] form of government, determine the number of council members that will
160 constitute the council of the future city;
161 (b) if the voters at the incorporation election vote to elect council members by district,
162 determine the number of council members to be elected by district and draw the boundaries of
163 those districts, which shall be substantially equal in population;
164 (c) determine the initial terms of the mayor and members of the city council so that:
165 (i) the mayor and approximately half the members of the city council are elected to
166 serve an initial term, of no less than one year, that allows their successors to serve a full
167 four-year term that coincides with the schedule established in Subsection 10-3-205 (1); and
168 (ii) the remaining members of the city council are elected to serve an initial term, of no
169 less than one year, that allows their successors to serve a full four-year term that coincides with
170 the schedule established in Subsection 10-3-205 (2); and
171 (d) submit in writing to the county legislative body the results of the sponsors'
172 determinations under Subsections (1)(a), (b), and (c).
173 (2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petition
174 sponsors shall hold a public hearing within the future city on the applicable issues under
175 Subsections (1)(a), (b), and (c).
176 (b) (i) The petition sponsors shall publish notice of the public hearing under Subsection
177 (2)(a) in a newspaper of general circulation within the future city at least once a week for two
178 successive weeks before the hearing.
179 (ii) The last publication of notice under Subsection (2)(b)(i) shall be at least three days
180 before the public hearing under Subsection (2)(a).

181 (c) (i) If there is no newspaper of general circulation within the future city, the petition
182 sponsors shall post at least one notice of the hearing per 1,000 population in conspicuous
183 places within the future city that are most likely to give notice of the hearing to the residents of
184 the future city.
185 (ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least seven
186 days before the hearing under Subsection (2)(a).
187 Section 3. Section 10-2-125 is amended to read:
188 10-2-125. Incorporation of a town.
189 (1) As used in this section:
190 (a) "Base petition" means a petition under this section proposing the incorporation of a
191 town and signed by the owners of private real property that:
192 (i) is located within the area proposed to be incorporated;
193 (ii) covers at least a majority of the total private land area within the area proposed to
194 be incorporated; and
195 (iii) is equal in value to at least 1/3 but not more than 1/2 of the value of all private real
196 property within the area proposed to be incorporated.
197 (b) "Qualifying petition" means a petition under this section proposing the
198 incorporation of a town and signed by the owners of private real property that:
199 (i) is located within the area proposed to be incorporated;
200 (ii) covers at least a majority of the total private land area within the area proposed to
201 be incorporated; and
202 (iii) is equal in value to more than 1/2 of the value of all private real property within
203 the area proposed to be incorporated.
204 (2) (a) A contiguous area of a county not within a municipality, with a population of at
205 least 100 but less than 1,000, may incorporate as a town as provided in this section.
206 (b) (i) The population figure under Subsection (2)(a) shall be derived from the most
207 recent official census or census estimate of the United States Bureau of the Census.
208 (ii) If the population figure is not available from the United States Bureau of the
209 Census, the population figure shall be derived from the estimate from the Utah Population
210 Estimates Committee.
211 (3) (a) The process to incorporate an area as a town is initiated by filing a petition with

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

243 after the filing of a petition under Subsection (3).
244 (5) (a) (i) The legislative body of each county with which a base petition is filed under
245 this section shall commission and pay for a feasibility study as provided in Section 10-2-103 .
246 (ii) If the results of the feasibility study under Subsection (5)(a)(i) meet the
247 requirements of Subsection 10-2-109 (3), the county legislative body shall grant the petition.
248 (iii) If the results of the feasibility study under Subsection (5)(a)(i) do not meet the
249 requirements of Subsection 10-2-109 (3), the county legislative body may:
250 (A) deny the petition;
251 (B) grant the petition; or
252 (C) with the consent of the petition sponsors, grant the petition, after:
253 (I) imposing conditions to mitigate the fiscal inequities identified in the feasibility
254 study; or
255 (II) altering the boundaries of the area proposed to be incorporated as a town to
256 approximate the boundaries necessary to meet the requirements of Subsection 10-2-109 (3).
257 (iv) Each town that incorporates pursuant to a petition granted after the county
258 legislative body imposes conditions under Subsection (5)(a)(iii)(C)(I) shall comply with those
259 conditions.
260 (b) The legislative body of each county of the second, third, fourth, fifth, or sixth class
261 with which a qualifying petition is filed shall grant the petition.
262 (6) (a) Upon the granting of a petition filed under this section, the legislative body of
263 the county in which the proposed town is located shall appoint a mayor and members of the
264 town council from a list of qualified individuals approved by the petition sponsors.
265 (b) The officers appointed under Subsection (6)(a) shall hold office until the next
266 regular municipal election and until their successors are elected and qualified.
267 (7) Each newly incorporated town shall operate under the [six-member] five-member
268 council form of government as [described] defined in Section [ 10-3-101 ] 10-3b-102 .
269 (8) (a) Each mayor appointed under Subsection (6) shall, within seven days of
270 appointment, file articles of incorporation of the new town with the lieutenant governor.
271 (b) The articles of incorporation shall meet the requirements of Subsection
272 10-2-119 (2).
273 (9) A town is incorporated upon the lieutenant governor's issuance of a certificate of

274 entity creation under Section 67-1a-6.5 .
275 (10) The legislative body of the new town shall comply with the notice requirements of
276 Section 10-1-116 .
277 Section 4. Section 10-2-303 is amended to read:
278 10-2-303. Effect of change in class.
279 (1) [(a)] If a municipality changes from one class to another:
280 [(i)] (a) all property, property rights, and other rights that belonged to or were vested in
281 the municipality at the time of the change shall belong to and be vested in it after the change;
282 [(ii)] (b) no contract, claim, or right of the municipality or demand or liability against it
283 shall be altered or affected in any way by the change;
284 [(iii)] (c) each ordinance, order, and resolution in force in the municipality when it
285 changes classes shall, to the extent that it is not inconsistent with law, not be affected by the
286 change and shall remain in effect until repealed or amended;
287 [(iv)] (d) the change shall not affect the identity of the municipality;
288 [(v)] (e) each municipal officer in office at the time of the change shall continue as an
289 officer until that officer's term expires and a successor is duly elected and qualified; and
290 [(vi) except as provided in Subsection (1)(b),]
291 (f) the municipality maintains after the change in class the same form of government
292 that it had immediately before the change.
293 [(b) (i) If a town operating under a five-member council form of government changes
294 classes to a fifth class city, its form of government shall, upon issuance of the lieutenant
295 governor's certificate under Section 10-2-302 , change to a six-member council form.]
296 [(ii) As soon as practicable after the change in form of government under Subsection
297 (1)(b)(i), the governing body shall appoint a sixth council member to serve until a successor is
298 elected at the next municipal general election at which the mayor is not subject to election.]
299 (2) (a) A change in class does not affect an action at law, prosecution, business, or
300 work of the municipality changing classes, and proceedings shall continue and may be
301 conducted and proceed as if no change in class had occurred.
302 (b) Notwithstanding Subsection (2)(a), if the law applicable to a municipality under the
303 new class provides the municipality a different remedy with respect to a right that it possessed
304 at the time of the change, the remedy shall be cumulative to the remedy applicable before the

305 change in class.
306 Section 5. Section 10-3-301 is amended to read:
307 10-3-301. Eligibility and residency requirements for elected municipal office.
308 (1) [(a)] A person filing a declaration of candidacy for a municipal office shall[: (i)
309 have been a resident of the municipality in which the person seeks office for at least 365
310 consecutive days immediately before the date of the election; and (ii)] meet the [other]
311 requirements of Section 20A-9-203 .
312 [(b) A person living in an area annexed to a municipality meets the residency
313 requirement of this subsection if that person resided within the area annexed to the
314 municipality for at least 365 consecutive days before the date of the election.]
315 [(c) For purposes of determining whether a person meets the residency requirement of
316 Subsection (1)(a)(i) in a municipality that was incorporated less than 365 days before the
317 election, the municipality shall be considered to have been incorporated 365 days before the
318 election.]
319 (2) Any person elected to municipal office shall be a registered voter in the
320 municipality in which the person was elected.
321 (3) (a) Each elected officer of a municipality shall maintain residency within the
322 boundaries of the municipality during the officer's term of office.
323 (b) If an elected officer of a municipality establishes a principal place of residence as
324 provided in Section 20A-2-105 outside the municipality during the officer's term of office, the
325 office is automatically vacant.
326 (4) If an elected municipal officer is absent from the municipality any time during the
327 officer's term of office for a continuous period of more than 60 days without the consent of the
328 municipal legislative body, the municipal office is automatically vacant.
329 (5) (a) A mayor of a municipality may not also serve as the municipal recorder or
330 treasurer.
331 (b) The recorder of a municipality may not also serve as the municipal treasurer.
332 Section 6. Section 10-3-502 is amended to read:
333 10-3-502. Regular and special council meetings.
334 [In each city of the third, fourth, or fifth class and each town, the governing body shall]
335 (1) The council of each municipality shall:

336 (a) by ordinance prescribe the time and place for holding its regular meeting [which
337 shall be held], subject to Subsection (1)(b); and
338 (b) hold a regular meeting at least once each month. [If at any time the business of
339 such city or town requires a special meeting of the governing body, such meeting may be
340 ordered by the mayor or any two members of the governing body. The order shall]
341 (2) (a) The mayor of a municipality or two council members may order the convening
342 of a special meeting of the council.
343 (b) Each order convening a special meeting of the council shall:
344 (i) be entered in the minutes of the [governing body. The order shall] council; and
345 (ii) provide at least three hours' notice of the special meeting [and notice thereof shall
346 be served by the].
347 (c) The municipal recorder or clerk shall serve notice of the special meeting on each
348 council member who did not sign the order by delivering the notice personally or by leaving it
349 at the member's usual place of abode.
350 (d) The personal appearance by a council member at [any specially called] a special
351 meeting of the council constitutes a waiver of the notice required [in this section] under
352 Subsection (2)(c).
353 Section 7. Section 10-3-504 is amended to read:
354 10-3-504. Quorum defined.
355 [(1)] The number of council members [of the governing body] necessary to constitute a
356 quorum is:
357 [(a) in a municipality operating under a five-member or six-member city council form
358 of government or a five-member council-manager form of government, three or more; or]
359 [(b) in a seven-member council-manager form of government, four or more.]
360 [(2) The number of members of the legislative body of a municipality operating under
361 a council-mayor form of government necessary to constitute a quorum is:]
362 [(a) for a five-member council-mayor form, three; and]
363 [(b) for a seven-member council-mayor form, four.]
364 (1) in a municipality with a seven-member council, four;
365 (2) in a municipality with a five-member council, three; and
366 (3) in a municipality operating under a six-member council form of government, three,

367 excluding the mayor.
368 Section 8. Section 10-3-507 is amended to read:
369 10-3-507. Minimum vote required.
370 (1) [(a)] The minimum number of yes votes required to pass any ordinance or
371 resolution, or to take any action by the [governing body] council, unless otherwise prescribed
372 by law, [shall be] is a majority of [the] all voting members of the [quorum, but may never be
373 less than:] council, without considering any vacancy in the council.
374 [(i) for a municipality operating under a five-member or six-member council form of
375 government or a five-member council-manager form of government, three; or]
376 [(ii) for a municipality operating under a seven-member council-manager form of
377 government, four.]
378 [(b) The minimum number of yes votes requires to pass an ordinance or resolution or
379