10-3b-103 - Forms of municipal government -- Form of government for towns -- Former council-manager form.
10-3b-103. Forms of municipal government -- Form of government for towns --Former council-manager form.
(1) A municipality operating on May 4, 2008 under the council-mayor form ofgovernment:
(a) shall, on and after May 5, 2008:
(i) operate under a council-mayor form of government, as defined in Section 10-3b-102;and
(ii) be subject to:
(A) this part;
(B) Part 2, Council-Mayor Form of Municipal Government;
(C) Part 5, Changing to Another Form of Municipal Government; and
(D) except as provided in Subsection (1)(b), other applicable provisions of this title; and
(b) is not subject to:
(i) Part 3, Six-Member Council Form of Municipal Government; or
(ii) Part 4, Five-Member Council Form of Municipal Government.
(2) A municipality operating on May 4, 2008 under a form of government known underthe law then in effect as the six-member council form:
(a) shall, on and after May 5, 2008 and whether or not the council has adopted anordinance appointing a manager for the municipality:
(i) operate under a six-member council form of government, as defined in Section10-3b-102;
(ii) be subject to:
(A) this part;
(B) Part 3, Six-Member Form of Municipal Government;
(C) Part 5, Changing to Another Form of Municipal Government; and
(D) except as provided in Subsection (2)(b), other applicable provisions of this title; and
(b) is not subject to:
(i) Part 2, Council-Mayor Form of Municipal Government; or
(ii) Part 4, Five-Member Council Form of Municipal Government.
(3) A municipality operating on May 4, 2008 under a form of government known underthe law then in effect as the five-member council form:
(a) shall, on and after May 5, 2008:
(i) operate under a five-member council form of government, as defined in Section10-3b-102;
(ii) be subject to:
(A) this part;
(B) Part 4, Five-Member Council Form of Municipal Government;
(C) Part 5, Changing to Another Form of Municipal Government; and
(D) except as provided in Subsection (3)(b), other applicable provisions of this title; and
(b) is not subject to:
(i) Part 2, Council-Mayor Form of Municipal Government; or
(ii) Part 3, Six-Member Council Form of Municipal Government.
(4) Subject to Subsection (5), each municipality incorporated on or after May 5, 2008shall operate under:
(a) the council-mayor form of government, with a five-member council;
(b) the council-mayor form of government, with a seven-member council;
(c) the six-member council form of government; or
(d) the five-member council form of government.
(5) Each town shall operate under a five-member council form of government unless:
(a) before May 5, 2008, the town has changed to another form of municipal government;or
(b) on or after May 5, 2008, the town changes its form of government as provided in Part5, Changing to Another Form of Municipal Government.
(6) (a) As used in this Subsection (6), "council-manager form of government" means theform of municipal government:
(i) provided for in Laws of Utah 1977, Chapter 48;
(ii) that cannot be adopted without voter approval; and
(iii) that provides for an appointed manager with duties and responsibilities establishedin Laws of Utah 1977, Chapter 48.
(b) A municipality operating on May 4, 2008 under the council-manager form ofgovernment:
(i) shall:
(A) continue to operate, on and after May 5, 2008, under the council-manager form ofgovernment according to the applicable provisions of Laws of Utah 1977, Chapter 48; and
(B) be subject to:
(I) this Subsection (6) and other applicable provisions of this part;
(II) Part 5, Changing to Another Form of Municipal Government; and
(III) except as provided in Subsection (6)(b)(ii), other applicable provisions of this title;and
(ii) is not subject to:
(A) Part 2, Council-Mayor Form of Municipal Government;
(B) Part 3, Six-Member Council Form of Municipal Government; or
(C) Part 4, Five-Member Council Form of Municipal Government.
(7) Nothing in this section may be construed to prevent or limit a municipality operatingunder any form of municipal government from changing to another form of government asprovided in Part 5, Changing to Another Form of Municipal Government.
Enacted by Chapter 19, 2008 General Session