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First Substitute H.B. 24
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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 20A-7-502, as enacted by Chapter 272, Laws of Utah 1994
16 ENACTS:
17 10-3-205.5, Utah Code Annotated 1953
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 10-3-105 is amended to read:
20 10-3-105. Governing body in cities of the third class.
21 The governing body of cities of the third class shall be a council composed of six members,
22 one of whom shall be the mayor and the remaining five shall be [
23 Section 2. Section 10-3-203 is amended to read:
24 10-3-203. Election of officers in cities of the first class.
25 In cities of the first class, the election and terms of office of the officers shall be as follows:
26 (1) The offices of mayor and two commissioners shall be filled in municipal elections held
27 in 1979. The terms shall be for four years. The offices shall be filled every four years thereafter
1 in municipal elections.
2 (2) The offices of the other two commissioners and the city auditor shall be filled at a
3 municipal election held in 1977. The terms shall be for four years. These offices shall be filled
4 every four years thereafter in municipal elections.
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7 Section 3. Section 10-3-204 is amended to read:
8 10-3-204. Election of officers in cities of the second class.
9 In cities of the second class the election and terms of office of the officers shall be as
10 follows:
11 (1) The offices of mayor and one commissioner shall be filled in a municipal election held
12 in 1977. The terms shall be for four years. The offices shall be filled every four years thereafter
13 in municipal elections.
14 (2) The offices of the other commissioner and the city auditor shall be filled in municipal
15 elections held in 1979. The terms shall be for four years. These offices shall be filled in municipal
16 elections held every four years.
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19 Section 4. Section 10-3-205 is amended to read:
20 10-3-205. Election of officers in cities of the third class.
21 In cities of the third class, the election and terms of office shall be as follows:
22 (1) The offices of mayor and two [
23 municipal elections held in 1977. The terms shall be for four years. These offices shall be filled
24 every four years in municipal elections.
25 (2) The offices of the other three [
26 municipal election held in 1979. The terms shall be for four years. These offices shall be filled
27 every four years in municipal elections.
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30 Section 5. Section 10-3-205.5 is enacted to read:
31 10-3-205.5. At-large election of officers of first, second, and third class -- Election of
1 commissioners or council members.
2 (1) Except as provided in Subsection (2), the officers of each first, second, and third class
3 city shall be elected in an at-large election held at the time and in the manner provided for electing
4 municipal officers.
5 (2) (a) Notwithstanding Subsection (1), the governing body of a first, second, or third class
6 city may by ordinance provide for the election of some or all commissioners or council members,
7 as the case may be, by district equal in number to the number of commissioners or council
8 members elected by district.
9 (b) (i) Each district shall be of substantially equal population as the other districts.
10 (ii) Within six months after the Legislature completes its redistricting process, the
11 governing body of each municipality that has adopted an ordinance under Subsection (2)(a) shall
12 make any adjustments in the boundaries of the districts as may be required to maintain districts
13 of substantially equal population.
14 Section 6. Section 20A-7-502 is amended to read:
15 20A-7-502. Local initiative process -- Application procedures.
16 (1) Persons wishing to circulate an initiative petition shall file an application with the local
17 clerk.
18 (2) The application shall contain:
19 (a) the name and residence address of at least five sponsors of the initiative petition;
20 (b) a statement indicating that each of the sponsors:
21 (i) is a registered voter; and
22 (ii) (A) if the initiative seeks to enact a county ordinance, has voted in a regular general
23 election in Utah within the last three years; or
24 (B) if the initiative seeks to enact a municipal ordinance, has voted in a regular municipal
25 election in Utah:
26 (I) except as provided in Subsection (2)(b)(ii)(B)(II), within the last three years; or
27 (II) within the last five years, if the sponsor's failure to vote within the last three years is
28 due to the sponsor's residing in a municipal district that participates in a municipal election every
29 four years;
30 (c) the signature of each of the sponsors, attested to by a notary public; and
31 (d) a copy of the proposed law.
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