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H.B. 24 Enrolled

    

MUNICIPAL DISTRICTS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Don E. Bush

    AN ACT RELATING TO CITIES AND TOWNS; AUTHORIZING FIRST, SECOND, AND
    THIRD CLASS CITIES TO ADOPT AN ORDINANCE PROVIDING FOR THE
    ELECTION OF MUNICIPAL OFFICERS BY DISTRICT; AND MAKING TECHNICAL
    CORRECTIONS.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         10-3-105, as enacted by Chapter 48, Laws of Utah 1977
         10-3-203, as enacted by Chapter 48, Laws of Utah 1977
         10-3-204, as enacted by Chapter 48, Laws of Utah 1977
         10-3-205, as enacted by Chapter 48, Laws of Utah 1977
         20A-7-502, as enacted by Chapter 272, Laws of Utah 1994
    ENACTS:
         10-3-205.5, Utah Code Annotated 1953
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 10-3-105 is amended to read:
         10-3-105. Governing body in cities of the third class.
        The governing body of cities of the third class shall be a council composed of six members,
    one of whom shall be the mayor and the remaining five shall be [councilmen] council members.
        Section 2. Section 10-3-203 is amended to read:
         10-3-203. Election of officers in cities of the first class.
        In cities of the first class, the election and terms of office of the officers shall be as follows:
        (1) The offices of mayor and two commissioners shall be filled in municipal elections held
    in 1979. The terms shall be for four years. The offices shall be filled every four years thereafter
    in municipal elections.
        (2) The offices of the other two commissioners and the city auditor shall be filled at a


    municipal election held in 1977. The terms shall be for four years. These offices shall be filled every
    four years thereafter in municipal elections.
        [(3) The officers shall be elected in at-large elections which are held at the time and in the
    manner provided for electing municipal officers.]
        Section 3. Section 10-3-204 is amended to read:
         10-3-204. Election of officers in cities of the second class.
        In cities of the second class the election and terms of office of the officers shall be as follows:
        (1) The offices of mayor and one commissioner shall be filled in a municipal election held
    in 1977. The terms shall be for four years. The offices shall be filled every four years thereafter in
    municipal elections.
        (2) The offices of the other commissioner and the city auditor shall be filled in municipal
    elections held in 1979. The terms shall be for four years. These offices shall be filled in municipal
    elections held every four years.
        [(3) The officers shall be elected in at-large elections which are held at the time and in the
    manner provided for electing municipal officers.]
        Section 4. Section 10-3-205 is amended to read:
         10-3-205. Election of officers in cities of the third class.
        In cities of the third class, the election and terms of office shall be as follows:
        (1) The offices of mayor and two [councilmen] council members shall be filled in municipal
    elections held in 1977. The terms shall be for four years. These offices shall be filled every four
    years in municipal elections.
        (2) The offices of the other three [councilmen] council members shall be filled in a
    municipal election held in 1979. The terms shall be for four years. These offices shall be filled every
    four years in municipal elections.
        [(3) The officers shall be elected in at-large elections which are held at the time and in the
    manner provided for electing municipal officers.]
        Section 5. Section 10-3-205.5 is enacted to read:
         10-3-205.5. At-large election of officers of first, second, and third class -- Election of

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     commissioners or council members.
        (1) Except as provided in Subsection (2), the officers of each first, second, and third class
    city shall be elected in an at-large election held at the time and in the manner provided for electing
    municipal officers.
        (2) (a) Notwithstanding Subsection (1), the governing body of a first, second, or third class
    city may by ordinance provide for the election of some or all commissioners or council members,
    as the case may be, by district equal in number to the number of commissioners or council members
    elected by district.
        (b) (i) Each district shall be of substantially equal population as the other districts.
        (ii) Within six months after the Legislature completes its redistricting process, the governing
    body of each municipality that has adopted an ordinance under Subsection (2)(a) shall make any
    adjustments in the boundaries of the districts as may be required to maintain districts of substantially
    equal population.
        Section 6. Section 20A-7-502 is amended to read:
         20A-7-502. Local initiative process -- Application procedures.
        (1) Persons wishing to circulate an initiative petition shall file an application with the local
    clerk.
        (2) The application shall contain:
        (a) the name and residence address of at least five sponsors of the initiative petition;
        (b) a statement indicating that each of the sponsors:
        (i) is a registered voter; and
        (ii) (A) if the initiative seeks to enact a county ordinance, has voted in a regular general
    election in Utah within the last three years; or
        (B) if the initiative seeks to enact a municipal ordinance, has voted in a regular municipal
    election in Utah:
        (I) except as provided in Subsection (2)(b)(ii)(B)(II), within the last three years; or
        (II) within the last five years, if the sponsor's failure to vote within the last three years is due
    to the sponsor's residing in a municipal district that participates in a municipal election every four

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    years;
        (c) the signature of each of the sponsors, attested to by a notary public; and
        (d) a copy of the proposed law.

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