Utah Code 10-3b-104. Powers and duties of mayor in six-member council and five-member council forms of government
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(1) Except as provided in Subsection (2), the mayor in a municipality operating under a six-member council form of government or a five-member council form of government:
Terms Used In Utah Code 10-3b-104
- 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.
- Five-member council form of government: means the form of municipal government described in Part 4, Five-Member Council Form of Municipal Government. See Utah Code 10-3b-102
- Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipality: means :(5)(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;(5)(b) a town, as classified in Section
10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
- Six-member council form of government: means the form of municipal government described in Part 3, Six-Member Council Form of Municipal Government. See Utah Code 10-3b-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
(1)(a) is the chief executive officer of the municipality to whom all employees of the municipality report;(1)(b) shall:(1)(b)(i) keep the peace and enforce the laws of the municipality;(1)(b)(ii) ensure that all applicable statutes and municipal ordinances and resolutions are faithfully executed and observed;(1)(b)(iii) if the mayor remits a fine or forfeiture under Subsection (1)(c)(ii), report the remittance to the council at the council’s next meeting after the remittance;(1)(b)(iv) perform all duties prescribed by statute or municipal ordinance or resolution;(1)(b)(v) report to the council the condition and needs of the municipality; and(1)(b)(vi) report to the council any release granted under Subsection (1)(c)(iv); and(1)(c) may:(1)(c)(i) recommend for council consideration any measure that the mayor considers to be in the best interests of the municipality;(1)(c)(ii) remit fines and forfeitures;(1)(c)(iii) if necessary, call on residents of the municipality over the age of 21 years to assist in enforcing the laws of the state and ordinances of the municipality;(1)(c)(iv) release a person imprisoned for a violation of a municipal ordinance;(1)(c)(v) with the council’s advice and consent:(1)(c)(v)(A) assign or appoint a member of the council to administer one or more departments of the municipality; and(1)(c)(v)(B) appoint a person to fill:(1)(c)(v)(B)(I) a municipal office; or(1)(c)(v)(B)(II) a vacancy on a commission or committee of the municipality; and(1)(c)(vi) at any reasonable time, examine and inspect the official books, papers, records, or documents of:(1)(c)(vi)(A) the municipality; or(1)(c)(vi)(B) any officer, employee, or agency of the municipality.
(2) The powers and duties in Subsection (1) are subject to:
(2)(a) municipal ordinances in effect on May 4, 2008 modifying the powers and duties of the mayor; and
(2)(b) the council’s authority to limit or expand the mayor’s powers and duties under:
(2)(b)(i) Subsection 10-3b-303(2)(a), for a municipality operating under the six-member council form of government; and
(2)(b)(ii) Subsection 10-3b-403(2)(a), for a municipality operating under the five-member council form of government.