Second Substitute H.B. 219

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POWERS OF MAYORS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Peter C. Knudson
5 AN ACT RELATING TO CITIES AND TOWNS; MODIFYING THE VOTING AUTHORITY
6 OF A MAYOR OF A THIRD CLASS CITY; AND MAKING TECHNICAL CORRECTIONS.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 10-3-402, as enacted by Chapter 48, Laws of Utah 1977
10 10-3-809, as last amended by Chapter 33, Laws of Utah 1983
11 ENACTS:
12 10-3-830, Utah Code Annotated 1953
13 REPEALS:
14 10-3-924, as enacted by Chapter 48, Laws of Utah 1977
15 10-3-925, as enacted by Chapter 48, Laws of Utah 1977
16 10-3-926, as enacted by Chapter 48, Laws of Utah 1977
17 10-3-927, as enacted by Chapter 48, Laws of Utah 1977
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 10-3-402 is amended to read:
20 10-3-402. Mayor in third class city -- Mayor may not vote -- Exceptions.
21 The mayor in [cities] a city of the third class [shall] may not vote, except in case of a tie
22 vote of the council or in the appointment or dismissal of a city manager under Section 10-3-830.
23 Section 2. Section 10-3-809 is amended to read:
24 10-3-809. Powers of mayors in cities of third class and towns.
25 (1) The mayor in [cities] a city of the third class [and towns: (1) shall be] or a town is the
26 chief executive officer to whom all employees of the municipality shall report[;].
27 (2) The mayor shall:

1 (a) keep the peace and enforce the laws of the city or town;
2 [(3) shall] (b) remit fines and forfeitures [and may release any person imprisoned for
3 violation of any municipal ordinance];
4 [(4) shall] (c) report [such remittance or release] remittances under Subsection (2)(b) to
5 the council at its next regular session;
6 [(5) shall] (d) perform all duties prescribed by law, resolution, or ordinance;
7 [(6) shall] (e) ensure that all the laws [and], ordinances, and resolutions are faithfully
8 executed and observed;
9 [(7) may at any reasonable time examine and inspect the books, papers, records or
10 documents of the city or town or of any officer, employee or agent of the city or town;]
11 [(8) shall] (f) report to the council the condition of the city or town and recommend for
12 council consideration any measures [as deemed] that the mayor considers to be in the best interests
13 of the city or town;
14 [(9) shall,] (g) when necessary, call on the residents of the city or town over the age of
15 21 years to assist in enforcing the laws of the state and ordinances of the municipality; [and]
16 [(10) shall] (h) appoint, with the advice and consent of the council, persons to fill
17 municipal offices or vacancies on commissions or committees of the municipality[. This
18 subsection shall not apply to managers appointed under Section 10-3-924.]; and
19 (i) report to the council any release granted under Subsection (4)(b).
20 (3) Subsection (2)(h) does not apply to the appointment of a manager under Section
21 10-3-830.
22 (4) The mayor may:
23 (a) at any reasonable time, examine and inspect the official books, papers, records, or
24 documents of the city or town or any officer, employee, or agent of the city or town; and
25 (b) release any person imprisoned for violation of any municipal ordinance.
26 Section 3. Section 10-3-830 is enacted to read:
27 10-3-830. Appointment of city or town manager.
28 (1) The governing body of a city or town, organized as provided under Title 10, Chapter
29 3, Part 1, may by ordinance establish a manager form of government and appoint a person to act
30 as city or town manager, to serve at the pleasure of the governing body.
31 (2) The governing body of a city or town that appoints a manager under Subsection (1)

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1 shall, by ordinance or resolution, prescribe the powers, duties, and obligations of the manager.
2 (3) The governing body may not delegate to the manager:
3 (a) the mayor's legislative or judicial powers;
4 (b) the mayor's position as chairman of the governing body; or
5 (c) any ex officio position that the mayor holds.
6 Section 4. Repealer.
7 This act repeals:
8 Section 10-3-924, Appointment of manager.
9 Section 10-3-925, Term of office.
10 Section 10-3-926, Duties of the manager.
11 Section 10-3-927, Legislative powers and official position of the mayor not delegated.

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