H.B. 126

1

ELECTION BY DISTRICT IN MUNICIPALITIES
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Zolman
5 AN ACT RELATING TO CITIES AND TOWNS; MODIFYING THE PROCEDURE FOR
6 INCORPORATING A MUNICIPALITY TO ALLOW COMMISSION OR COUNCIL
7 MEMBERS TO BE ELECTED BY DISTRICT IN NEWLY INCORPORATED
8 MUNICIPALITIES; AUTHORIZING FIRST, SECOND, AND THIRD CLASS CITIES TO
9 ADOPT AN ORDINANCE PROVIDING FOR THE ELECTION OF MUNICIPAL
10 OFFICERS BY DISTRICT; AND MAKING TECHNICAL CORRECTIONS.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 10-2-101, as last amended by Chapter 27, Laws of Utah 1983
14 10-2-102.8, as last amended by Chapter 308, Laws of Utah 1996
15 10-2-103, as last amended by Chapter 51, Laws of Utah 1988
16 10-2-105, as last amended by Chapter 227, Laws of Utah 1993
17 10-2-106.8, as enacted by Chapter 308, Laws of Utah 1996
18 10-2-107, as enacted by Chapter 48, Laws of Utah 1977
19 10-3-105, as enacted by Chapter 48, Laws of Utah 1977
20 10-3-203, as enacted by Chapter 48, Laws of Utah 1977
21 10-3-204, as enacted by Chapter 48, Laws of Utah 1977
22 10-3-205, as enacted by Chapter 48, Laws of Utah 1977
23 10-3-1203, as last amended by Chapter 79, Laws of Utah 1996
24 20A-7-502, as enacted by Chapter 272, Laws of Utah 1994
25 ENACTS:
26 10-3-205.5, Utah Code Annotated 1953
27 Be it enacted by the Legislature of the state of Utah:

1 Section 1. Section 10-2-101 is amended to read:
2 10-2-101. Petition to county clerk for incorporation.
3 (1) The registered voters of [any] a contiguous territory not included within the boundaries
4 of [another] a municipality may initiate organization towards municipal status by filing a written
5 petition for incorporation with the [county] clerk of the county in which the territory is located.
6 (2) (a) The petition shall bear signatures equal in number to 25% of all votes cast from the
7 unincorporated area proposed for municipal status at the last congressional election, or 1,000
8 signatures, whichever is less, except that there must be at least ten signatures from each of at least
9 50% of the voting [districts] precincts within the area.
10 (b) If only a portion of a voting precinct is located within the area proposed for municipal
11 incorporation, that portion within the area is considered a voting precinct for purposes of
12 Subsection (2)(a).
13 (3) No signature is valid, for purposes of this section, unless it is that of a registered voter
14 who is a resident within the unincorporated area proposed for municipal status.
15 (4) The petition for incorporation shall:
16 [(1)] (a) describe the territory proposed to be embraced in the city;
17 [(2)] (b) have annexed an accurate map or plat [thereof;] showing:
18 (i) the boundaries of the proposed city; and
19 (ii) if the petition proposes electing by district some or all of the members of the city
20 commission or council, the boundaries of those districts;
21 [(3)] (c) state the name proposed for the city; [and]
22 [(4)] (d) be accompanied [with] by reasonable proof of the number of inhabitants within
23 the proposed city's boundaries; and
24 (e) if the petition proposes electing by district some or all of the members of the city
25 commission or council, state the number of commission or council members to be elected by
26 district, the method of their election, the initial terms of the commission or council members to be
27 elected by district, and a description of the boundaries of the districts, which shall be substantially
28 equal in population.
29 Section 2. Section 10-2-102.8 is amended to read:
30 10-2-102.8. Decision on merits of proposal -- Election -- Publication of notice --
31 Order refusing election.

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1 [After] (1) Within 14 days after the public hearing is [finally] concluded, the county
2 legislative body shall determine, based on the feasibility study results and the information
3 presented at the public hearing, whether the proposal for municipal incorporation has sufficient
4 merit[, based on the results of the feasibility study and the public hearing,] to justify an election.
5 [The county legislative body's final decision on the merits of the proposal shall be made within
6 14 days after the hearing is concluded.]
7 [(1)] (2) If [it is determined] the county legislative body determines that the proposal for
8 municipal incorporation has sufficient merit, the county legislative body shall:
9 (a) designate the boundaries of the proposed municipality and of any proposed districts,
10 either as originally proposed or as modified by the county legislative body in view of the
11 feasibility study and public hearings, unless a majority of original petitioners express in writing
12 their disapproval of the proposed modifications[. An]; and
13 (b) hold an election [on the proposal for municipal incorporation shall be held], not less
14 than two nor more than four months after the county legislative body's decision, on:
15 (i) the proposal for municipal incorporation;
16 (ii) the form of municipal government if the proposal passes; and
17 (iii) if the incorporation petition proposed electing commission or council members by
18 district, whether to elect commission or council members by district.
19 (c) (i) Before the election is held, [however,] the county legislative body shall publish
20 notice of the election in a newspaper having general circulation within the area proposed for
21 municipal incorporation at least once a week for three successive weeks.
22 (ii) The last publication of notice shall be at least one day before the election.
23 (iii) The notice shall contain:
24 [(a)] (A) a statement of the contents of the petition;
25 [(b)] (B) a description of the area proposed for municipal incorporation; and
26 [(c)] (C) a statement of the time of the election and the location of polling places.
27 [(2) If it is determined that the proposal for municipal incorporation is not feasible, that
28 the incorporation proposed would be substantially detrimental to the structure of local government
29 in the county or be otherwise contrary to the public interest, or that withdrawal of support from a
30 majority of the petitioners for incorporation is presented in writing, the]
31 (3) (a) The county legislative body shall issue a written order refusing to hold an election

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1 if:
2 (i) the county legislative body determines that the proposal for municipal incorporation:
3 (A) is not feasible;
4 (B) would be substantially detrimental to the structure of local government in the county;
5 or
6 (C) would otherwise be contrary to the public interest; or
7 (ii) a majority of the petitioners in writing withdraw support for incorporation.
8 (b) The order shall be supported in writing with the reasons for the county legislative
9 body's action. If [such] the county legislative body issues an order [is issued] under Subsection
10 (3)(a), the incorporation proceedings are terminated, and no further petition for incorporation of
11 the same or substantially the same area may be considered by the county legislative body or
12 circulated within one year after the date of the order.
13 Section 3. Section 10-2-103 is amended to read:
14 10-2-103. Ballots used at election -- Election of officers on incorporation.
15 (1) (a) The ballots used at the election to determine the question of incorporation shall read
16 substantially as follows:
17

____________________________________________________________________________

18 Shall the territory described as
19 (insert description)

Yes

20 be incorporated as the city of
21 _______________________

No

22

____________________________________________________________________________

23 (b) The voter shall mark the ballot with a cross (x) opposite the words "yes" or "no."
24 (2) (a) On the same ballot, the question of the form of government shall read substantially
25 as follows:
26

____________________________________________________________________________

27 Under what form of municipal government shall (insert name of proposed city) operate?
28 Vote for one:
29 City (insert "Commission" for a city of the first or second
30 class or "Council" for a city of the third class) form ____
31 Council-Mayor form ____

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1 Council-Manager form ____
2

____________________________________________________________________________

3 (b) The voter shall mark the ballot with a cross (x) opposite the form of government
4 desired.
5 [(3) If the question to incorporate passes, the newly incorporated municipality shall hold
6 an election on the first Tuesday after the first Monday of the following November to fill the
7 elective offices in the form of municipal government chosen by the voters at the incorporation
8 election.]
9 (3) (a) If the petition under Section 10-2-101 proposed the election by district of some or
10 all of the members of the city commission or council, on the same ballot the question of whether
11 to elect city commission or council members by district shall read substantially as follows:
12 Shall (insert the number of commission or council members that the petition proposed to
13 be elected by district) members of the city (insert "commission" or "council," as the case may be)
14 of (insert name of proposed city) be elected by district?
15 Yes _______
16 No _______
17 (b) The voter shall mark the ballot with a cross (x) opposing the word "yes" or "no."
18 Section 4. Section 10-2-105 is amended to read:
19 10-2-105. Candidates for office.
20 Candidates for elective municipal office in an election required by Subsection [10-2-103
21 (3)] 10-2-106.8(1) shall file a declaration of candidacy with the county legislative body at least 30
22 days before the election to select municipal officers.
23 Section 5. Section 10-2-106.8 is amended to read:
24 10-2-106.8. Election of municipal officials.
25 (1) If the incorporation measure passes, the county clerk shall hold an election consistent
26 with this section to fill the elective offices:
27 (a) appropriate to the form of municipal government chosen by the voters at the
28 incorporation election; and
29 (b) consistent with the voters' decision about whether some or all members of the city
30 commission or council should be elected by district.
31 (2) If there are 70 or more days between the incorporation election and the November

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1 election, the county clerk shall hold a primary election 35 days before the November election and
2 shall hold a general election on the first Tuesday after the first Monday in November.
3 (3) If there are fewer than 70 days between the incorporation election and the November
4 election, the county clerk shall not hold a primary election but shall hold an election on the first
5 Tuesday after the first Monday in November.
6 (4) If there are fewer than 30 days between the incorporation election and the November
7 election, the county clerk shall hold a primary election 35 days before the November election of
8 the year following the incorporation election and shall hold a general election on the first Tuesday
9 after the first Monday in November of the year following the incorporation election.
10 (5) Until the municipality is incorporated, the county clerk is the election officer for all
11 purposes in an election of officials to the municipality approved at an incorporation election.
12 Section 6. Section 10-2-107 is amended to read:
13 10-2-107. Election of governing body.
14 (1) The person who receives the greater number of votes in the November election for the
15 office of mayor shall be mayor and shall serve a term of four years.
16 (2) The [number of] persons receiving the greater number of votes in the November
17 election for the corresponding number of positions to be filled shall be commissioners or
18 [councilmen] council members until the next municipal election at which all members of the
19 governing body shall be elected for two or four-year terms as the case may be.
20 (3) The officers elected under this section shall begin their term of office at 12 o'clock
21 noon on the first Monday in January following their election and shall be sworn in as soon as
22 practicable after that time.
23 Section 7. Section 10-3-105 is amended to read:
24 10-3-105. Governing body in cities of the third class.
25 The governing body of cities of the third class shall be a council composed of six members,
26 one of whom shall be the mayor and the remaining five shall be [councilmen] council members.
27 Section 8. Section 10-3-203 is amended to read:
28 10-3-203. Election of officers in cities of the first class.
29 In cities of the first class, the election and terms of office of the officers shall be as follows:
30 (1) The offices of mayor and two commissioners shall be filled in municipal elections held
31 in 1979. The terms shall be for four years. The offices shall be filled every four years thereafter

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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.
5 [(3) The officers shall be elected in at-large elections which are held at the time and in the
6 manner provided for electing municipal officers.]
7 Section 9. 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.
17 [(3) The officers shall be elected in at-large elections which are held at the time and in the
18 manner provided for electing municipal officers.]
19 Section 10. 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 [councilmen] council members shall be filled in
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 [councilmen] council members shall be filled in a
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.
28 [(3) The officers shall be elected in at-large elections which are held at the time and in the
29 manner provided for electing municipal officers.]
30 Section 11. 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 -- Option to

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1 elect commissioners or council members by district -- Adjustment of district boundaries.
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 elects some or all commission or council members by
12 district shall make any adjustments in the boundaries of the districts as may be required to
13 maintain districts of substantially equal population.
14 Section 12. Section 10-3-1203 is amended to read:
15 10-3-1203. Election requirements and procedure for organization under optional
16 form of government.
17 [Any] (1) A municipality [in the state, now incorporated, or area which may incorporate,]
18 may [organize] reorganize under any form of municipal government provided for in this part[. This
19 organization shall be] by approval of a majority of registered voters of the municipality [or area
20 concerned] voting in a special election held for that purpose.
21 (2) (a) The proposal to reorganize under a form of municipal government under this part
22 may be entered on the ballot by:
23 (i) resolution passed by the governing body of the municipality; or [by]
24 (ii) initiative as provided for in Title 20A, Chapter 7, [or as provided for areas wishing to
25 incorporate pursuant to Section 10-2-101] Issues Submitted to the Voters.
26 (b) The resolution or initiative petition shall:
27 (i) state the number, method of election, and initial terms of council members; and [shall]
28 (ii) specify the boundaries of districts substantially equal in population if some or all
29 council members are to be chosen from [these] districts.
30 (3) (a) The proposal shall be voted upon at a special election to be held not more than
31 twelve months after the resolution is passed or after receipt of a valid initiative petition.

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1 (b) The special election shall be held at least [ninety] 90 days before or after a regular
2 municipal [elections] election.
3 (c) The ballot for the special election to adopt or reject one of the forms of municipal
4 government shall be in substantially the following form:
5 ___________________________________________________________________________
6 Shall (name of municipality), Utah, adopt Yes
7 the (council-mayor) (council-manager) form of
8 municipal government? No
9 ___________________________________________________________________________
10 Section 13. Section 20A-7-502 is amended to read:
11 20A-7-502. Local initiative process -- Application procedures.
12 (1) Persons wishing to circulate an initiative petition shall file an application with the local
13 clerk.
14 (2) The application shall contain:
15 (a) the name and residence address of at least five sponsors of the initiative petition;
16 (b) a statement indicating that each of the sponsors:
17 (i) is a registered voter; and
18 (ii) (A) if the initiative seeks to enact a county ordinance, has voted in a regular general
19 election in Utah within the last three years; or
20 (B) if the initiative seeks to enact a municipal ordinance, has voted in a regular municipal
21 election in Utah:
22 (I) except as provided in Subsection (2)(b)(ii)(B)(II), within the last three years; or
23 (II) within the last five years, if the sponsor's failure to vote within the last three years is
24 due to the sponsor's residing in a municipal district that participates in a municipal election every
25 four years;
26 (c) the signature of each of the sponsors, attested to by a notary public; and
27 (d) a copy of the proposed law.


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Legislative Review Note
as of 1-27-97 10:41 AM

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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