State Codes and Statutes

Statutes > Utah > Title-10 > Chapter-03b > 10-3b-403

10-3b-403. Council in a five-member council form of government.
(1) The council in a municipality operating under a five-member council form ofmunicipal government:
(a) exercises any executive or administrative power and performs or supervises theperformance of any executive or administrative duty or function that:
(i) has not been given to the mayor under Section 10-3b-104; or
(ii) has been given to the mayor under Section 10-3b-104 but is removed from the mayorunder Subsection (1)(b)(i)(A);
(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 under Section10-3b-104; and
(B) reinstating to the mayor any power, duty, or function previously removed underSubsection (1)(b)(i)(A);
(ii) adopt an ordinance delegating to the mayor any executive or administrative power,duty, or function that the council has under Subsection (1)(a);
(iii) appoint a manager to perform executive and administrative duties or functions thatthe council by ordinance delegates to the manager, subject to Subsection (1)(c);
(iv) dismiss a manager appointed under Subsection (1)(b)(iii); and
(v) assign any or all council members, including the mayor, to supervise one or moreadministrative departments of the municipality; and
(c) may not remove from the mayor or delegate to a manager appointed by the council:
(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 themayor a power, duty, or function provided for in Section 10-3b-104 requires the affirmative voteof:
(a) the mayor and a majority of all other council members; or
(b) all council members except the mayor.

Enacted by Chapter 19, 2008 General Session