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H.B. 24

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MUNICIPAL DISTRICTS

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Don E. Bush

5    AN ACT RELATING TO CITIES AND TOWNS; AUTHORIZING FIRST, SECOND, AND
6    THIRD CLASS CITIES TO ADOPT AN ORDINANCE PROVIDING FOR THE ELECTION
7    OF MUNICIPAL OFFICERS BY DISTRICT; AND MAKING TECHNICAL
8    CORRECTIONS.
9    This act affects sections of Utah Code Annotated 1953 as follows:
10    AMENDS:
11         10-3-105, as enacted by Chapter 48, Laws of Utah 1977
12         10-3-203, as enacted by Chapter 48, Laws of Utah 1977
13         10-3-204, as enacted by Chapter 48, Laws of Utah 1977
14         10-3-205, as enacted by Chapter 48, Laws of Utah 1977
15    ENACTS:
16         10-3-205.5, Utah Code Annotated 1953
17    Be it enacted by the Legislature of the state of Utah:
18        Section 1. Section 10-3-105 is amended to read:
19         10-3-105. Governing body in cities of the third class.
20        The governing body of cities of the third class shall be a council composed of six members,
21    one of whom shall be the mayor and the remaining five shall be [councilmen] council members.
22        Section 2. Section 10-3-203 is amended to read:
23         10-3-203. Election of officers in cities of the first class.
24        In cities of the first class, the election and terms of office of the officers shall be as follows:
25        (1) The offices of mayor and two commissioners shall be filled in municipal elections held
26    in 1979. The terms shall be for four years. The offices shall be filled every four years thereafter
27    in municipal elections.


1        (2) The offices of the other two commissioners and the city auditor shall be filled at a
2    municipal election held in 1977. The terms shall be for four years. These offices shall be filled
3    every four years thereafter in municipal elections.
4        [(3) The officers shall be elected in at-large elections which are held at the time and in the
5    manner provided for electing municipal officers.]
6        Section 3. Section 10-3-204 is amended to read:
7         10-3-204. Election of officers in cities of the second class.
8        In cities of the second class the election and terms of office of the officers shall be as
9    follows:
10        (1) The offices of mayor and one commissioner shall be filled in a municipal election held
11    in 1977. The terms shall be for four years. The offices shall be filled every four years thereafter
12    in municipal elections.
13        (2) The offices of the other commissioner and the city auditor shall be filled in municipal
14    elections held in 1979. The terms shall be for four years. These offices shall be filled in municipal
15    elections held every four years.
16        [(3) The officers shall be elected in at-large elections which are held at the time and in the
17    manner provided for electing municipal officers.]
18        Section 4. Section 10-3-205 is amended to read:
19         10-3-205. Election of officers in cities of the third class.
20        In cities of the third class, the election and terms of office shall be as follows:
21        (1) The offices of mayor and two [councilmen] council members shall be filled in
22    municipal elections held in 1977. The terms shall be for four years. These offices shall be filled
23    every four years in municipal elections.
24        (2) The offices of the other three [councilmen] council members shall be filled in a
25    municipal election held in 1979. The terms shall be for four years. These offices shall be filled
26    every four years in municipal elections.
27        [(3) The officers shall be elected in at-large elections which are held at the time and in the
28    manner provided for electing municipal officers.]
29        Section 5. Section 10-3-205.5 is enacted to read:
30         10-3-205.5. At-large election of officers of first, second, and third class -- Election of
31     commissioners or council members.

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1        (1) Except as provided in Subsection (2), the officers of each first, second, and third class
2    city shall be elected in an at-large election held at the time and in the manner provided for electing
3    municipal officers.
4        (2) (a) Notwithstanding Subsection (1), the governing body of a first, second, or third class
5    city may by ordinance provide for the election of commissioners or council members, as the case
6    may be, by district equal in number to the number of commissioners or council members.
7        (b) (i) Each district shall be of substantially equal population as the other districts.
8        (ii) Within six months after the Legislature completes its redistricting process, the
9    governing body of each municipality that has adopted an ordinance under Subsection (2)(a) shall
10    make any adjustments in the boundaries of the districts as may be required to maintain districts
11    of substantially equal population.




Legislative Review Note
    as of 12-2-96 1:31 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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