United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-3b-103, 2008

Forms of municipal government -- Form of government for towns -- Former council-manager form. A municipality operating on May 4, 2008, under the council-mayor form of government: shall, on and after May 5, 2008: operate…

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“Forms of municipal government -- Form of government for towns -- Former council-manager form. A municipality operating on May 4, 2008, under the council-mayor form of government: shall, on and after May 5, 2008: operate under a”

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Subsection 10-3b-103(9)

This section does not prevent or limit a municipality from changing to another form of government under Part 6.

Section 10-3b-103(9)

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Source record from le.utah.gov · Enacted 2008

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Provision 70

Part 10-3b-1

part 10-3b-1 General Provisions

§ 10-3b-103Forms of municipal government -- Form of government for towns -- Former council-manager form.Provision

Forms of municipal government -- Form of government for towns -- Former council-manager form. A municipality operating on May 4, 2008, under the council-mayor form of government: shall, on and after May 5, 2008: operate under a

Forms of municipal government -- Form of government for towns -- Former council-manager form. A municipality operating on May 4, 2008, under the council-mayor form of government: shall, on and after May 5, 2008: operate under a council-mayor form of government, as defined in Section 10-3b-102 ; and be subject to: this part; Part 2, Council-Mayor Form of Municipal Government; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (1)(b), other applicable provisions of this title; and is not subject to: Part 3, Six-Member Council Form of Municipal Government; or Part 4, Five-Member Council Form of Municipal Government. A municipality operating on May 4, 2008 under a form of government known under the law then in effect as the six-member council form: shall, on and after May 5, 2008, and whether or not the council has adopted an ordinance appointing a manager for the municipality: operate under a six-member council form of government, as defined in Section 10-3b-102 ; be subject to: this part; Part 3, Six-Member Council Form of Municipal Government; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (2)(b), other applicable provisions of this title; and is not subject to: Part 2, Council-Mayor Form of Municipal Government; or Part 4, Five-Member Council Form of Municipal Government. A municipality operating on May 4, 2008, under a form of government known under the law then in effect as the five-member council form: shall, on and after May 5, 2008: operate under a five-member council form of government, as defined in Section 10-3b-102 ; be subject to: this part; Part 4, Five-Member Council Form of Municipal Government; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (3)(b), other applicable provisions of this title; and is not subject to: Part 2, Council-Mayor Form of Municipal Government; or Part 3, Six-Member Council Form of Municipal Government. Subject to Subsection (5), each municipality incorporated on or after May 5, 2008, shall operate under: the council-mayor form of government, with a five-member council; the council-mayor form of government, with a seven-member council; the six-member council form of government; or the five-member council form of government. Each town shall operate under a five-member council form of government unless: before May 5, 2008, the town has changed to another form of municipal government; or on or after May 5, 2008, the town changes its form of government as provided in Part 6, Changing to Another Form of Municipal Government. As used in this Subsection (6), "council-manager form of government" means the form of municipal government: provided for in Laws of Utah 1977, Chapter 48; that cannot be adopted without voter approval; and that provides for, subject to Subsections (7) and (8), an appointed manager with duties and responsibilities established in Laws of Utah 1977, Chapter 48. A municipality operating on May 4, 2008, under the council-manager form of government: shall: continue to operate, on and after May 5, 2008, under the council-manager form of government according to the applicable provisions of Laws of Utah 1977, Chapter 48; and be subject to: this Subsection (6) and other applicable provisions of this part; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (7)(b)(ii), other applicable provisions of this title; and is not subject to: Part 2, Council-Mayor Form of Municipal Government; Part 3, Six-Member Council Form of Municipal Government; or Part 4, Five-Member Council Form of Municipal Government. As used in this Subsection (7), "interim vacancy period" means the period of time that: begins on the day on which a municipal general election described in Section 10-3-201 is held to elect a council member; and ends on the day on which the council member-elect begins the council member's term. The council may not appoint a manager during an interim vacancy period. Notwithstanding Subsection (7)(b)(i): the council may appoint an interim manager during an interim vacancy period; and the interim manager's term shall expire once a new manager is appointed by the new administration after the interim vacancy period has ended. Subsection (7)(b) does not apply if all the council members who held office on the day of the municipal general election whose term of office was vacant for the election are re-elected to the council for the following term. A council that appoints a manager in accordance with this section may not, on or after May 10, 2011, enter into an employment contract that contains an automatic renewal provision with the manager. Nothing in this section may be construed to prevent or limit a municipality operating under any form of municipal government from changing to another form of government as provided in Part 6, Changing to Another Form of Municipal Government.
Section 10-3b-103Verify source
§ 10-3b-103(1)Subsection 10-3b-103(1)Provision

A municipality that was operating on May 4, 2008, under the council-mayor form of government must continue that form on and after May 5, 2008, and is not subject to the listed alternative municipal government parts.

A municipality operating on May 4, 2008, under the council-mayor form of government: shall, on and after May 5, 2008: operate under a council-mayor form of government, as defined in Section 10-3b-102 ; and be subject to: this part; Part 2, Council-Mayor Form of Municipal Government; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (1)(b), other applicable provisions of this title; and is not subject to: Part 3, Six-Member Council Form of Municipal Government; or Part 4, Five-Member Council Form of Municipal Government.
Section 10-3b-103(1)Verify source
§ 10-3b-103(1)(a)Subsection 10-3b-103(1)(a)Provision

The municipality must operate under a council-mayor form of government and follow the listed municipal-government provisions, subject to the stated exception.

shall, on and after May 5, 2008: operate under a council-mayor form of government, as defined in Section 10-3b-102 ; and be subject to: this part; Part 2, Council-Mayor Form of Municipal Government; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (1)(b), other applicable provisions of this title; and
Section 10-3b-103(1)(a)Verify source
§ 10-3b-103(1)(a)(i)Subsection 10-3b-103(1)(a)(i)Provision

operate under a council-mayor form of government, as defined in Section 10-3b-102 ; and

operate under a council-mayor form of government, as defined in Section 10-3b-102 ; and
Section 10-3b-103(1)(a)(i)Verify source
§ 10-3b-103(1)(a)(ii)Subsection 10-3b-103(1)(a)(ii)Provision

be subject to: this part; Part 2, Council-Mayor Form of Municipal Government; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (1)(b), other applicable provisions of this title; and

be subject to: this part; Part 2, Council-Mayor Form of Municipal Government; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (1)(b), other applicable provisions of this title; and
Section 10-3b-103(1)(a)(ii)Verify source
§ 10-3b-103(1)(a)(ii)(A)Subsection 10-3b-103(1)(a)(ii)(A)Provision

this part;

this part;
Section 10-3b-103(1)(a)(ii)(A)Verify source
§ 10-3b-103(1)(a)(ii)(B)Subsection 10-3b-103(1)(a)(ii)(B)Provision

Part 2, Council-Mayor Form of Municipal Government;

Part 2, Council-Mayor Form of Municipal Government;
Section 10-3b-103(1)(a)(ii)(B)Verify source
§ 10-3b-103(1)(a)(ii)(C)Subsection 10-3b-103(1)(a)(ii)(C)Provision

Part 6, Changing to Another Form of Municipal Government; and

Part 6, Changing to Another Form of Municipal Government; and
Section 10-3b-103(1)(a)(ii)(C)Verify source
§ 10-3b-103(1)(a)(ii)(D)Subsection 10-3b-103(1)(a)(ii)(D)Provision

except as provided in Subsection (1)(b), other applicable provisions of this title; and

except as provided in Subsection (1)(b), other applicable provisions of this title; and
Section 10-3b-103(1)(a)(ii)(D)Verify source
§ 10-3b-103(1)(b)Subsection 10-3b-103(1)(b)Provision

is not subject to: Part 3, Six-Member Council Form of Municipal Government; or Part 4, Five-Member Council Form of Municipal Government.

is not subject to: Part 3, Six-Member Council Form of Municipal Government; or Part 4, Five-Member Council Form of Municipal Government.
Section 10-3b-103(1)(b)Verify source
§ 10-3b-103(1)(b)(i)Subsection 10-3b-103(1)(b)(i)Provision

Part 3, Six-Member Council Form of Municipal Government; or

Part 3, Six-Member Council Form of Municipal Government; or
Section 10-3b-103(1)(b)(i)Verify source
§ 10-3b-103(1)(b)(ii)Subsection 10-3b-103(1)(b)(ii)Provision

Part 4, Five-Member Council Form of Municipal Government.

Part 4, Five-Member Council Form of Municipal Government.
Section 10-3b-103(1)(b)(ii)Verify source
§ 10-3b-103(2)Subsection 10-3b-103(2)Provision

A municipality that was operating on May 4, 2008 under the six-member council form must continue under that form after May 5, 2008, even if no manager ordinance was adopted.

A municipality operating on May 4, 2008 under a form of government known under the law then in effect as the six-member council form: shall, on and after May 5, 2008, and whether or not the council has adopted an ordinance appointing a manager for the municipality: operate under a six-member council form of government, as defined in Section 10-3b-102 ; be subject to: this part; Part 3, Six-Member Council Form of Municipal Government; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (2)(b), other applicable provisions of this title; and is not subject to: Part 2, Council-Mayor Form of Municipal Government; or Part 4, Five-Member Council Form of Municipal Government.
Section 10-3b-103(2)Verify source
§ 10-3b-103(2)(a)Subsection 10-3b-103(2)(a)Provision

A municipality must operate under a six-member council form of government on and after May 5, 2008, even if the council has not adopted an ordinance appointing a manager.

shall, on and after May 5, 2008, and whether or not the council has adopted an ordinance appointing a manager for the municipality: operate under a six-member council form of government, as defined in Section 10-3b-102 ; be subject to: this part; Part 3, Six-Member Council Form of Municipal Government; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (2)(b), other applicable provisions of this title; and
Section 10-3b-103(2)(a)Verify source
§ 10-3b-103(2)(a)(i)Subsection 10-3b-103(2)(a)(i)Provision

The government must operate under a six-member council form of government, as defined elsewhere in the code.

operate under a six-member council form of government, as defined in Section 10-3b-102 ;
Section 10-3b-103(2)(a)(i)Verify source
§ 10-3b-103(2)(a)(ii)Subsection 10-3b-103(2)(a)(ii)Provision

This provision says the subject is governed by this part, Part 3, Part 6, and other applicable provisions of the title, except as provided in Subsection (2)(b).

be subject to: this part; Part 3, Six-Member Council Form of Municipal Government; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (2)(b), other applicable provisions of this title; and
Section 10-3b-103(2)(a)(ii)Verify source
§ 10-3b-103(2)(a)(ii)(A)Subsection 10-3b-103(2)(a)(ii)(A)Provision

this part;

this part;
Section 10-3b-103(2)(a)(ii)(A)Verify source
§ 10-3b-103(2)(a)(ii)(B)Subsection 10-3b-103(2)(a)(ii)(B)Provision

Part 3, Six-Member Council Form of Municipal Government;

Part 3, Six-Member Council Form of Municipal Government;
Section 10-3b-103(2)(a)(ii)(B)Verify source
§ 10-3b-103(2)(a)(ii)(C)Subsection 10-3b-103(2)(a)(ii)(C)Provision

Part 6, Changing to Another Form of Municipal Government; and

Part 6, Changing to Another Form of Municipal Government; and
Section 10-3b-103(2)(a)(ii)(C)Verify source
§ 10-3b-103(2)(a)(ii)(D)Subsection 10-3b-103(2)(a)(ii)(D)Provision

This text says the rule is subject to an exception in Subsection (2)(b) and to other applicable provisions of this title.

except as provided in Subsection (2)(b), other applicable provisions of this title; and
Section 10-3b-103(2)(a)(ii)(D)Verify source
§ 10-3b-103(2)(b)Subsection 10-3b-103(2)(b)Provision

This provision says the referenced subject is not subject to Part 2 or Part 4.

is not subject to: Part 2, Council-Mayor Form of Municipal Government; or Part 4, Five-Member Council Form of Municipal Government.
Section 10-3b-103(2)(b)Verify source
§ 10-3b-103(2)(b)(i)Subsection 10-3b-103(2)(b)(i)Provision

Part 2, Council-Mayor Form of Municipal Government; or

Part 2, Council-Mayor Form of Municipal Government; or
Section 10-3b-103(2)(b)(i)Verify source
§ 10-3b-103(2)(b)(ii)Subsection 10-3b-103(2)(b)(ii)Provision

Part 4, Five-Member Council Form of Municipal Government.

Part 4, Five-Member Council Form of Municipal Government.
Section 10-3b-103(2)(b)(ii)Verify source
§ 10-3b-103(3)Subsection 10-3b-103(3)Provision

A municipality that was operating on May 4, 2008, as a five-member council municipality must continue under that five-member council form starting May 5, 2008, and is not subject to the listed alternative municipal government parts.

A municipality operating on May 4, 2008, under a form of government known under the law then in effect as the five-member council form: shall, on and after May 5, 2008: operate under a five-member council form of government, as defined in Section 10-3b-102 ; be subject to: this part; Part 4, Five-Member Council Form of Municipal Government; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (3)(b), other applicable provisions of this title; and is not subject to: Part 2, Council-Mayor Form of Municipal Government; or Part 3, Six-Member Council Form of Municipal Government.
Section 10-3b-103(3)Verify source
§ 10-3b-103(3)(a)Subsection 10-3b-103(3)(a)Provision

On and after May 5, 2008, the municipality must operate under a five-member council form of government and follow the listed statutory provisions, except as provided in Subsection (3)(b).

shall, on and after May 5, 2008: operate under a five-member council form of government, as defined in Section 10-3b-102 ; be subject to: this part; Part 4, Five-Member Council Form of Municipal Government; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (3)(b), other applicable provisions of this title; and
Section 10-3b-103(3)(a)Verify source
§ 10-3b-103(3)(a)(i)Subsection 10-3b-103(3)(a)(i)Provision

operate under a five-member council form of government, as defined in Section 10-3b-102 ;

operate under a five-member council form of government, as defined in Section 10-3b-102 ;
Section 10-3b-103(3)(a)(i)Verify source
§ 10-3b-103(3)(a)(ii)Subsection 10-3b-103(3)(a)(ii)Provision

This provision states that the listed parts of the title apply, except where Subsection (3)(b) provides otherwise.

be subject to: this part; Part 4, Five-Member Council Form of Municipal Government; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (3)(b), other applicable provisions of this title; and
Section 10-3b-103(3)(a)(ii)Verify source
§ 10-3b-103(3)(a)(ii)(A)Subsection 10-3b-103(3)(a)(ii)(A)Provision

this part;

this part;
Section 10-3b-103(3)(a)(ii)(A)Verify source
§ 10-3b-103(3)(a)(ii)(B)Subsection 10-3b-103(3)(a)(ii)(B)Provision

Part 4, Five-Member Council Form of Municipal Government;

Part 4, Five-Member Council Form of Municipal Government;
Section 10-3b-103(3)(a)(ii)(B)Verify source
§ 10-3b-103(3)(a)(ii)(C)Subsection 10-3b-103(3)(a)(ii)(C)Provision

Part 6, Changing to Another Form of Municipal Government; and

Part 6, Changing to Another Form of Municipal Government; and
Section 10-3b-103(3)(a)(ii)(C)Verify source
§ 10-3b-103(3)(a)(ii)(D)Subsection 10-3b-103(3)(a)(ii)(D)Provision

except as provided in Subsection (3)(b), other applicable provisions of this title; and

except as provided in Subsection (3)(b), other applicable provisions of this title; and
Section 10-3b-103(3)(a)(ii)(D)Verify source
§ 10-3b-103(3)(b)Subsection 10-3b-103(3)(b)Provision

This provision says the referenced subject is not subject to Part 2 or Part 3 of the municipal government provisions.

is not subject to: Part 2, Council-Mayor Form of Municipal Government; or Part 3, Six-Member Council Form of Municipal Government.
Section 10-3b-103(3)(b)Verify source
§ 10-3b-103(3)(b)(i)Subsection 10-3b-103(3)(b)(i)Provision

Part 2, Council-Mayor Form of Municipal Government; or

Part 2, Council-Mayor Form of Municipal Government; or
Section 10-3b-103(3)(b)(i)Verify source
§ 10-3b-103(3)(b)(ii)Subsection 10-3b-103(3)(b)(ii)Provision

Part 3, Six-Member Council Form of Municipal Government.

Part 3, Six-Member Council Form of Municipal Government.
Section 10-3b-103(3)(b)(ii)Verify source
§ 10-3b-103(4)Subsection 10-3b-103(4)Provision

Subject to Subsection (5), municipalities incorporated on or after May 5, 2008 must operate under one of four listed forms of government.

Subject to Subsection (5), each municipality incorporated on or after May 5, 2008, shall operate under: the council-mayor form of government, with a five-member council; the council-mayor form of government, with a seven-member council; the six-member council form of government; or the five-member council form of government.
Section 10-3b-103(4)Verify source
§ 10-3b-103(4)(a)Subsection 10-3b-103(4)(a)Provision

the council-mayor form of government, with a five-member council;

the council-mayor form of government, with a five-member council;
Section 10-3b-103(4)(a)Verify source
§ 10-3b-103(4)(b)Subsection 10-3b-103(4)(b)Provision

the council-mayor form of government, with a seven-member council;

the council-mayor form of government, with a seven-member council;
Section 10-3b-103(4)(b)Verify source
§ 10-3b-103(4)(c)Subsection 10-3b-103(4)(c)Provision

the six-member council form of government; or

the six-member council form of government; or
Section 10-3b-103(4)(c)Verify source
§ 10-3b-103(4)(d)Subsection 10-3b-103(4)(d)Provision

the five-member council form of government.

the five-member council form of government.
Section 10-3b-103(4)(d)Verify source
§ 10-3b-103(5)Subsection 10-3b-103(5)Provision

Each town must operate under a five-member council form of government unless one of the stated exceptions applies.

Each town shall operate under a five-member council form of government unless: before May 5, 2008, the town has changed to another form of municipal government; or on or after May 5, 2008, the town changes its form of government as provided in Part 6, Changing to Another Form of Municipal Government.
Section 10-3b-103(5)Verify source
§ 10-3b-103(5)(a)Subsection 10-3b-103(5)(a)Provision

before May 5, 2008, the town has changed to another form of municipal government; or

before May 5, 2008, the town has changed to another form of municipal government; or
Section 10-3b-103(5)(a)Verify source
§ 10-3b-103(5)(b)Subsection 10-3b-103(5)(b)Provision

On or after May 5, 2008, the town changes its form of government under Part 6.

on or after May 5, 2008, the town changes its form of government as provided in Part 6, Changing to Another Form of Municipal Government.
Section 10-3b-103(5)(b)Verify source
§ 10-3b-103(6)Subsection 10-3b-103(6)Provision

A municipality operating under the council-manager form of government on May 4, 2008, must continue operating under that form on and after May 5, 2008.

As used in this Subsection (6), "council-manager form of government" means the form of municipal government: provided for in Laws of Utah 1977, Chapter 48; that cannot be adopted without voter approval; and that provides for, subject to Subsections (7) and (8), an appointed manager with duties and responsibilities established in Laws of Utah 1977, Chapter 48. A municipality operating on May 4, 2008, under the council-manager form of government: shall: continue to operate, on and after May 5, 2008, under the council-manager form of government according to the applicable provisions of Laws of Utah 1977, Chapter 48; and be subject to: this Subsection (6) and other applicable provisions of this part; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (7)(b)(ii), other applicable provisions of this title; and is not subject to: Part 2, Council-Mayor Form of Municipal Government; Part 3, Six-Member Council Form of Municipal Government; or Part 4, Five-Member Council Form of Municipal Government.
Section 10-3b-103(6)Verify source
§ 10-3b-103(6)(a)Subsection 10-3b-103(6)(a)Provision

This subsection defines “council-manager form of government” and says it cannot be adopted without voter approval.

As used in this Subsection (6), "council-manager form of government" means the form of municipal government: provided for in Laws of Utah 1977, Chapter 48; that cannot be adopted without voter approval; and that provides for, subject to Subsections (7) and (8), an appointed manager with duties and responsibilities established in Laws of Utah 1977, Chapter 48.
Section 10-3b-103(6)(a)Verify source
§ 10-3b-103(6)(a)(i)Subsection 10-3b-103(6)(a)(i)Provision

provided for in Laws of Utah 1977, Chapter 48;

provided for in Laws of Utah 1977, Chapter 48;
Section 10-3b-103(6)(a)(i)Verify source
§ 10-3b-103(6)(a)(ii)Subsection 10-3b-103(6)(a)(ii)Provision

that cannot be adopted without voter approval; and

that cannot be adopted without voter approval; and
Section 10-3b-103(6)(a)(ii)Verify source
§ 10-3b-103(6)(a)(iii)Subsection 10-3b-103(6)(a)(iii)Provision

An appointed manager is described as having duties and responsibilities, subject to Subsections (7) and (8).

that provides for, subject to Subsections (7) and (8), an appointed manager with duties and responsibilities established in Laws of Utah 1977, Chapter 48.
Section 10-3b-103(6)(a)(iii)Verify source
§ 10-3b-103(6)(b)Subsection 10-3b-103(6)(b)Provision

A municipality that was operating on May 4, 2008, under the council-manager form must continue under that form on and after May 5, 2008.

A municipality operating on May 4, 2008, under the council-manager form of government: shall: continue to operate, on and after May 5, 2008, under the council-manager form of government according to the applicable provisions of Laws of Utah 1977, Chapter 48; and be subject to: this Subsection (6) and other applicable provisions of this part; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (7)(b)(ii), other applicable provisions of this title; and is not subject to: Part 2, Council-Mayor Form of Municipal Government; Part 3, Six-Member Council Form of Municipal Government; or Part 4, Five-Member Council Form of Municipal Government.
Section 10-3b-103(6)(b)Verify source
§ 10-3b-103(6)(b)(i)Subsection 10-3b-103(6)(b)(i)Provision

The municipality must continue operating under the council-manager form of government on and after May 5, 2008.

shall: continue to operate, on and after May 5, 2008, under the council-manager form of government according to the applicable provisions of Laws of Utah 1977, Chapter 48; and be subject to: this Subsection (6) and other applicable provisions of this part; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (7)(b)(ii), other applicable provisions of this title; and
Section 10-3b-103(6)(b)(i)Verify source
§ 10-3b-103(6)(b)(i)(A)Subsection 10-3b-103(6)(b)(i)(A)Provision

continue to operate, on and after May 5, 2008, under the council-manager form of government according to the applicable provisions of Laws of Utah 1977, Chapter 48; and

continue to operate, on and after May 5, 2008, under the council-manager form of government according to the applicable provisions of Laws of Utah 1977, Chapter 48; and
Section 10-3b-103(6)(b)(i)(A)Verify source
§ 10-3b-103(6)(b)(i)(B)Subsection 10-3b-103(6)(b)(i)(B)Provision

be subject to: this Subsection (6) and other applicable provisions of this part; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (7)(b)(ii), other applicable provisions of this title; and

be subject to: this Subsection (6) and other applicable provisions of this part; Part 6, Changing to Another Form of Municipal Government; and except as provided in Subsection (7)(b)(ii), other applicable provisions of this title; and
Section 10-3b-103(6)(b)(i)(B)Verify source
§ 10-3b-103(6)(b)(i)(B)(I)Subsection 10-3b-103(6)(b)(i)(B)(I)Provision

this Subsection (6) and other applicable provisions of this part;

this Subsection (6) and other applicable provisions of this part;
Section 10-3b-103(6)(b)(i)(B)(I)Verify source
§ 10-3b-103(6)(b)(i)(B)(II)Subsection 10-3b-103(6)(b)(i)(B)(II)Provision

Part 6, Changing to Another Form of Municipal Government; and

Part 6, Changing to Another Form of Municipal Government; and
Section 10-3b-103(6)(b)(i)(B)(II)Verify source
§ 10-3b-103(6)(b)(i)(B)(III)Subsection 10-3b-103(6)(b)(i)(B)(III)Provision

This language creates an exception: it applies except as provided in Subsection (7)(b)(ii) and other applicable provisions of this title.

except as provided in Subsection (7)(b)(ii), other applicable provisions of this title; and
Section 10-3b-103(6)(b)(i)(B)(III)Verify source
§ 10-3b-103(6)(b)(ii)Subsection 10-3b-103(6)(b)(ii)Provision

This provision says the stated matter is not subject to Part 2, Part 3, or Part 4 of the municipal government chapter.

is not subject to: Part 2, Council-Mayor Form of Municipal Government; Part 3, Six-Member Council Form of Municipal Government; or Part 4, Five-Member Council Form of Municipal Government.
Section 10-3b-103(6)(b)(ii)Verify source
§ 10-3b-103(6)(b)(ii)(A)Subsection 10-3b-103(6)(b)(ii)(A)Provision

Part 2, Council-Mayor Form of Municipal Government;

Part 2, Council-Mayor Form of Municipal Government;
Section 10-3b-103(6)(b)(ii)(A)Verify source
§ 10-3b-103(6)(b)(ii)(B)Subsection 10-3b-103(6)(b)(ii)(B)Provision

Part 3, Six-Member Council Form of Municipal Government; or

Part 3, Six-Member Council Form of Municipal Government; or
Section 10-3b-103(6)(b)(ii)(B)Verify source
§ 10-3b-103(6)(b)(ii)(C)Subsection 10-3b-103(6)(b)(ii)(C)Provision

Part 4, Five-Member Council Form of Municipal Government.

Part 4, Five-Member Council Form of Municipal Government.
Section 10-3b-103(6)(b)(ii)(C)Verify source
§ 10-3b-103(7)Subsection 10-3b-103(7)Provision

A municipal council may not appoint a manager during an interim vacancy period, but it may appoint an interim manager during that period.

As used in this Subsection (7), "interim vacancy period" means the period of time that: begins on the day on which a municipal general election described in Section 10-3-201 is held to elect a council member; and ends on the day on which the council member-elect begins the council member's term. The council may not appoint a manager during an interim vacancy period. Notwithstanding Subsection (7)(b)(i): the council may appoint an interim manager during an interim vacancy period; and the interim manager's term shall expire once a new manager is appointed by the new administration after the interim vacancy period has ended. Subsection (7)(b) does not apply if all the council members who held office on the day of the municipal general election whose term of office was vacant for the election are re-elected to the council for the following term.
Section 10-3b-103(7)Verify source
§ 10-3b-103(7)(a)Subsection 10-3b-103(7)(a)Provision

"Interim vacancy period" means the time from a municipal general election for a council member until the council member-elect begins the term.

As used in this Subsection (7), "interim vacancy period" means the period of time that: begins on the day on which a municipal general election described in Section 10-3-201 is held to elect a council member; and ends on the day on which the council member-elect begins the council member's term.
Section 10-3b-103(7)(a)Verify source
§ 10-3b-103(7)(a)(i)Subsection 10-3b-103(7)(a)(i)Provision

Begins on the day of the municipal general election described in Section 10-3-201 for electing a council member.

begins on the day on which a municipal general election described in Section 10-3-201 is held to elect a council member; and
Section 10-3b-103(7)(a)(i)Verify source
§ 10-3b-103(7)(a)(ii)Subsection 10-3b-103(7)(a)(ii)Provision

ends on the day on which the council member-elect begins the council member's term.

ends on the day on which the council member-elect begins the council member's term.
Section 10-3b-103(7)(a)(ii)Verify source
§ 10-3b-103(7)(b)Subsection 10-3b-103(7)(b)Provision

The council may not appoint a manager during an interim vacancy period, but it may appoint an interim manager during that period despite Subsection (7)(b)(i).

The council may not appoint a manager during an interim vacancy period. Notwithstanding Subsection (7)(b)(i): the council may appoint an interim manager during an interim vacancy period; and the interim manager's term shall expire once a new manager is appointed by the new administration after the interim vacancy period has ended.
Section 10-3b-103(7)(b)Verify source
§ 10-3b-103(7)(b)(i)Subsection 10-3b-103(7)(b)(i)Provision

The council may not appoint a manager during an interim vacancy period.

The council may not appoint a manager during an interim vacancy period.
Section 10-3b-103(7)(b)(i)Verify source
§ 10-3b-103(7)(b)(ii)Subsection 10-3b-103(7)(b)(ii)Provision

The council may appoint an interim manager during an interim vacancy period.

Notwithstanding Subsection (7)(b)(i): the council may appoint an interim manager during an interim vacancy period; and the interim manager's term shall expire once a new manager is appointed by the new administration after the interim vacancy period has ended.
Section 10-3b-103(7)(b)(ii)Verify source
§ 10-3b-103(7)(b)(ii)(A)Subsection 10-3b-103(7)(b)(ii)(A)Provision

The council may appoint an interim manager during an interim vacancy period.

the council may appoint an interim manager during an interim vacancy period; and
Section 10-3b-103(7)(b)(ii)(A)Verify source
§ 10-3b-103(7)(b)(ii)(B)Subsection 10-3b-103(7)(b)(ii)(B)Provision

The interim manager’s term ends when a new manager is appointed after the interim vacancy period ends.

the interim manager's term shall expire once a new manager is appointed by the new administration after the interim vacancy period has ended.
Section 10-3b-103(7)(b)(ii)(B)Verify source
§ 10-3b-103(7)(c)Subsection 10-3b-103(7)(c)Provision

Subsection (7)(b) does not apply if all the affected council members are re-elected for the next term.

Subsection (7)(b) does not apply if all the council members who held office on the day of the municipal general election whose term of office was vacant for the election are re-elected to the council for the following term.
Section 10-3b-103(7)(c)Verify source
§ 10-3b-103(8)Subsection 10-3b-103(8)Provision

A council that appoints a manager under this section may not, on or after May 10, 2011, make an employment contract with an automatic renewal provision for the manager.

A council that appoints a manager in accordance with this section may not, on or after May 10, 2011, enter into an employment contract that contains an automatic renewal provision with the manager.
Section 10-3b-103(8)Verify source
§ 10-3b-103(9)Subsection 10-3b-103(9)Provision

This section does not prevent or limit a municipality from changing to another form of government under Part 6.

Nothing in this section may be construed to prevent or limit a municipality operating under any form of municipal government from changing to another form of government as provided in Part 6, Changing to Another Form of Municipal Government.
Section 10-3b-103(9)Verify source

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