Utah Code 10-3b-603. Resolution or petition proposing a change in the form of government

10-3b-603. Resolution or petition proposing a change in the form of government.

(1)

The process to change the form of government under which a municipality operates is initiated by:

Terms Used In Utah Code 10-3b-603

Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Council-mayor form of government: means the form of municipal government that:

(a)

(i)	is provided for in Laws of Utah 1977, Chapter 48;

(ii)	may not be adopted without voter approval; and

(iii)

consists of two separate, independent, and equal branches of municipal government; and

(b)

on and after May 5, 2008, is described in 2. 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 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(a)	the council’s adoption of a resolution proposing a change; or

(b)	the filing of a petition, as provided in 5, proposing a change.

(2)	Within 45 days after the adoption of a resolution under Subsection (1)(a) or the declaring of a petition filed under Subsection (1)(b) as sufficient under Section 20A-7-507, the council shall hold at least two public hearings on the proposed change.

(3)

(a)

Except as provided in Subsection (3)(b), the council shall hold an election on the proposed change in the form of government at the next municipal general election or regular general election that is more than 75 days after, as the case may be:

(i)	a resolution under Subsection (1)(a) is adopted; or

(ii)	a petition filed under Subsection (1)(b) is declared sufficient under Section 20A-7-507.

(b)

Notwithstanding Subsection (3)(a), an election on a proposed change in the form of government may not be held if:

(i)	in the case of a proposed change initiated by the council’s adoption of a resolution under Subsection (1)(a), the council rescinds the resolution within 60 days after adopting it; or

(ii)	in the case of a proposed change initiated by a petition under Subsection (1)(b), enough signatures are withdrawn from the petition within 60 days after the petition is declared sufficient under Section 20A-7-507 that the petition is no longer sufficient.

(4)

Each resolution adopted under Subsection (1)(a) or petition filed under Subsection (1)(b) shall:

(a)	state the method of election and initial terms of council members; and

(b)	specify the boundaries of districts substantially equal in population, if some or all council members are to be elected by district.

(5)

A resolution under Subsection (1)(a) or petition under Subsection (1)(b) proposing a change to a council-mayor form of government may require that, if the change is adopted, the mayor appoint, with the council’s advice and consent and subject to Section 10-3b-202, a chief administrative officer, to exercise the administrative powers and perform the duties that the mayor prescribes.

Enacted by Chapter 352, 2015 General Session

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