10-3b-504.  Council in a metro township that is included in a municipal services district.

(1)  The council in a metro township that is included in a municipal services district:

Terms Used In Utah Code 10-3b-504

  • Ex officio: Literally, by virtue of one's office.
  • Metro township: means the same as that term is defined in Section 10-2a-403. See Utah Code 10-3b-102
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
(b) a town, as classified in Section 10-2-301; or
(c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Writing: includes :Utah Code 68-3-12.5
  • (a)  exercises any executive or administrative power and performs or supervises the performance of any executive or administrative power, duty, or function that has not been given to the mayor under Section 10-3b-503 unless the council removes that power, duty, or function from the mayor in accordance with Subsection (2);

    (b)  may:

    (i)  subject to Subsections (1)(c) and (2), adopt an ordinance:

    (A)  removing from the mayor any power, duty, or function of the mayor; and

    (B)  reinstating to the mayor any power, duty, or function previously removed under Subsection (1)(b)(i)(A); and

    (ii)  adopt an ordinance delegating to the mayor any executive or administrative power, duty, or function that the council has under Subsection (1)(a); and

    (c)  may not remove from the mayor or delegate:

    (i)  any of the mayor’s legislative or judicial powers or ceremonial functions;

    (ii)  the mayor’s position as chair of the council; or

    (iii)  any ex officio position that the mayor holds.

    (2)  Adopting an ordinance under Subsection (1)(b)(i) removing from or reinstating to the mayor a power, duty, or function provided for in Section 10-3b-503 requires the affirmative vote of:

    (a)  the mayor and a majority of all other council members; or

    (b)  all council members except the mayor.

    (3)  The metro township council of a metro township that is included in a municipal services district:

    (a)  shall:

    (i)  by ordinance, provide for the manner in which a subdivision is approved, disapproved, or otherwise regulated;

    (ii)  review municipal administration and pass ordinances;

    (iii)  perform all duties that the law imposes on the council; and

    (iv)  elect one of its members to be mayor of the metro township and the chair of the council;

    (b)  may:

    (i) 

    (A)  notwithstanding Subsection (3)(c), appoint a committee of council members or citizens to conduct an investigation into an officer, department, or agency of the municipality, or any other matter relating to the welfare of the municipality; and

    (B)  delegate to an appointed committee powers of inquiry that the council considers necessary;

    (ii)  make and enforce any additional rule or regulation for the government of the council, the preservation of order, and the transaction of the council’s business that the council considers necessary; and

    (iii)  take any action allowed under Section 10-8-84 that is reasonably related to the safety, health, morals, and welfare of the metro township inhabitants; and

    (c)  may not:

    (i)  direct or request, other than in writing, the appointment of a person to or the removal of a person from an executive municipal office;

    (ii)  interfere in any way with an executive officer’s performance of the officer’s duties; or

    (iii)  publicly or privately give orders to a subordinate of the mayor.

    (4)  A member of a metro township council as described in this section may not have any other compensated employment with the metro township.

    Amended by Chapter 174, 2018 General Session