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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-3b-603, 2015

A municipality’s form of government can be changed by council resolution or by petition, and the council must then hold public hearings and, usually, an election.

Source excerpt

election timingmunicipal form of government changepetition procedurepublic hearings
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2015
Dates
Enacted 2015
More statute details
Dates
Enacted 2015
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01

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“A municipality’s form of government can be changed by council resolution or by petition, and the council must then hold public hearings and, usually, an election.”

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Subsection 10-3b-603(2)

The council must hold at least two public hearings on the proposed change within 45 days after the specified triggering event.

Section 10-3b-603(2)

Subsection 10-3b-603(3)(b)(ii)

If a petition-initiated proposed change has enough signatures withdrawn within 60 days after the petition is declared sufficient, the petition is no longer sufficient.

Section 10-3b-603(3)(b)(ii)

Subsection 10-3b-603(5)

If a proposed change to a council-mayor form of government is adopted, the mayor must appoint a chief administrative officer, with the council’s advice and consent and subject to Section 10-3b-202.

Section 10-3b-603(5)

04

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In force source record

Source record from le.utah.gov · Enacted 2015

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Showing 16 of 16 provisions

Provision 16

Part 10-3b-6

part 10-3b-6 Changing to Another Form of Municipal Government

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

Source excerpt

A municipality’s form of government can be changed by council resolution or by petition, and the council must then hold public hearings and, usually, an election.

Resolution or petition proposing a change in the form of government. The process to change the form of government under which a municipality operates is initiated by: the council's adoption of a resolution proposing a change; or the filing of a petition, as provided in Title 20A, Chapter 7, Part 5, Local Initiatives - Procedures , proposing a change. 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. 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: a resolution under Subsection (1)(a) is adopted; or a petition filed under Subsection (1)(b) is declared sufficient under Section 20A-7-507 . Notwithstanding Subsection (3)(a) , an election on a proposed change in the form of government may not be held if: 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 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. Each resolution adopted under Subsection (1)(a) or petition filed under Subsection (1)(b) shall: state the method of election and initial terms of council members; and specify the boundaries of districts substantially equal in population, if some or all council members are to be elected by district. 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.
Section 10-3b-603Verify source
§ 10-3b-603(1)Subsection 10-3b-603(1)Provision

Source excerpt

The process to change the form of government under which a municipality operates is initiated by: the council's adoption of a resolution proposing a change; or the filing of a petition, as provided in Title 20A, Chapter 7, Part 5, Local

The process to change the form of government under which a municipality operates is initiated by: the council's adoption of a resolution proposing a change; or the filing of a petition, as provided in Title 20A, Chapter 7, Part 5, Local Initiatives - Procedures , proposing a change.
Section 10-3b-603(1)Verify source
§ 10-3b-603(1)(a)Subsection 10-3b-603(1)(a)Provision

Source excerpt

the council's adoption of a resolution proposing a change; or

the council's adoption of a resolution proposing a change; or
Section 10-3b-603(1)(a)Verify source
§ 10-3b-603(1)(b)Subsection 10-3b-603(1)(b)Provision

Source excerpt

the filing of a petition, as provided in Title 20A, Chapter 7, Part 5, Local Initiatives - Procedures , proposing a change.

the filing of a petition, as provided in Title 20A, Chapter 7, Part 5, Local Initiatives - Procedures , proposing a change.
Section 10-3b-603(1)(b)Verify source
§ 10-3b-603(2)Subsection 10-3b-603(2)Provision

Source excerpt

The council must hold at least two public hearings on the proposed change within 45 days after the specified triggering event.

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.
Section 10-3b-603(2)Verify source
§ 10-3b-603(3)Subsection 10-3b-603(3)Provision

Source excerpt

The council must hold an election on the proposed change in government form at the next qualifying municipal or regular general election more than 75 days after the triggering event, unless rescission or petition-signature withdrawal occurs within 60 days.

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: a resolution under Subsection (1)(a) is adopted; or a petition filed under Subsection (1)(b) is declared sufficient under Section 20A-7-507 . Notwithstanding Subsection (3)(a) , an election on a proposed change in the form of government may not be held if: 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 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.
Section 10-3b-603(3)Verify source
§ 10-3b-603(3)(a)Subsection 10-3b-603(3)(a)Provision

Source excerpt

Except as provided in Subsection (3)(b), the council must hold an election on the proposed change in the form of government at the next municipal general election or regular general election more than 75 days after the triggering resolution or petition is completed.

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: a resolution under Subsection (1)(a) is adopted; or a petition filed under Subsection (1)(b) is declared sufficient under Section 20A-7-507 .
Section 10-3b-603(3)(a)Verify source
§ 10-3b-603(3)(a)(i)Subsection 10-3b-603(3)(a)(i)Provision

Source excerpt

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

a resolution under Subsection (1)(a) is adopted; or
Section 10-3b-603(3)(a)(i)Verify source
§ 10-3b-603(3)(a)(ii)Subsection 10-3b-603(3)(a)(ii)Provision

Source excerpt

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

a petition filed under Subsection (1)(b) is declared sufficient under Section 20A-7-507 .
Section 10-3b-603(3)(a)(ii)Verify source
§ 10-3b-603(3)(b)Subsection 10-3b-603(3)(b)Provision

Source excerpt

An election on a proposed change in the form of government cannot be held if the council rescinds its resolution within 60 days, or if enough petition signatures are withdrawn within 60 days after the petition is declared sufficient.

Notwithstanding Subsection (3)(a) , an election on a proposed change in the form of government may not be held if: 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 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.
Section 10-3b-603(3)(b)Verify source
§ 10-3b-603(3)(b)(i)Subsection 10-3b-603(3)(b)(i)Provision

Source excerpt

If the council adopts a resolution under Subsection (1)(a) to initiate a proposed change, it must rescind that resolution within 60 days.

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
Section 10-3b-603(3)(b)(i)Verify source
§ 10-3b-603(3)(b)(ii)Subsection 10-3b-603(3)(b)(ii)Provision

Source excerpt

If a petition-initiated proposed change has enough signatures withdrawn within 60 days after the petition is declared sufficient, the petition is no longer sufficient.

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.
Section 10-3b-603(3)(b)(ii)Verify source
§ 10-3b-603(4)Subsection 10-3b-603(4)Provision

Source excerpt

A resolution or petition under the cited subsections must state the election method and initial council terms, and must specify district boundaries if council members will be elected by district.

Each resolution adopted under Subsection (1)(a) or petition filed under Subsection (1)(b) shall: state the method of election and initial terms of council members; and specify the boundaries of districts substantially equal in population, if some or all council members are to be elected by district.
Section 10-3b-603(4)Verify source
§ 10-3b-603(4)(a)Subsection 10-3b-603(4)(a)Provision

Source excerpt

state the method of election and initial terms of council members; and

state the method of election and initial terms of council members; and
Section 10-3b-603(4)(a)Verify source
§ 10-3b-603(4)(b)Subsection 10-3b-603(4)(b)Provision

Source excerpt

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

specify the boundaries of districts substantially equal in population, if some or all council members are to be elected by district.
Section 10-3b-603(4)(b)Verify source
§ 10-3b-603(5)Subsection 10-3b-603(5)Provision

Source excerpt

If a proposed change to a council-mayor form of government is adopted, the mayor must appoint a chief administrative officer, with the council’s advice and consent and subject to Section 10-3b-202.

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.
Section 10-3b-603(5)Verify source

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