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Section 410 - Determination of metro township districts -- Determination of metro township or city initial officer terms -- Adoption of proposed districts.

UT Code § 10-2a-410 (2019) (N/A)
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(1) (a) If a metro township with a population of 10,000 or more is incorporated in accordance with an election held under Section 10-2a-404: (i) each of the five metro township council members shall be elected by district; and (ii) the boundaries of the five council districts for election and the terms of office shall be designated and determined in accordance with this section. (b) If a metro township with a population of less than 10,000 or a town is incorporated at an election held in accordance with Section 10-2a-404, the five council members shall be elected at-large for terms as designated and determined in accordance with this section. (c) If a city is incorporated at an election held in accordance with Section 10-2a-404: (i) (A) the four members of the council district who are not the mayor shall be elected by district; and (B) the boundaries of the four council districts for election and the term of office shall be designated and determined in accordance with this section; and (ii) the mayor shall be elected at-large for a term designated and determined in accordance with this section.

(a) If a metro township with a population of 10,000 or more is incorporated in accordance with an election held under Section 10-2a-404: (i) each of the five metro township council members shall be elected by district; and (ii) the boundaries of the five council districts for election and the terms of office shall be designated and determined in accordance with this section.

(i) each of the five metro township council members shall be elected by district; and

(ii) the boundaries of the five council districts for election and the terms of office shall be designated and determined in accordance with this section.

(b) If a metro township with a population of less than 10,000 or a town is incorporated at an election held in accordance with Section 10-2a-404, the five council members shall be elected at-large for terms as designated and determined in accordance with this section.

(c) If a city is incorporated at an election held in accordance with Section 10-2a-404: (i) (A) the four members of the council district who are not the mayor shall be elected by district; and (B) the boundaries of the four council districts for election and the term of office shall be designated and determined in accordance with this section; and (ii) the mayor shall be elected at-large for a term designated and determined in accordance with this section.

(i) (A) the four members of the council district who are not the mayor shall be elected by district; and (B) the boundaries of the four council districts for election and the term of office shall be designated and determined in accordance with this section; and

(A) the four members of the council district who are not the mayor shall be elected by district; and

(B) the boundaries of the four council districts for election and the term of office shall be designated and determined in accordance with this section; and

(ii) the mayor shall be elected at-large for a term designated and determined in accordance with this section.

(2) (a) No later than 90 days after the election day on which the metro township, city, or town is successfully incorporated under this part, the legislative body of the county in which the metro township, city, or town is located shall adopt by resolution: (i) subject to Subsection (2)(b), for each incorporated metro township, city, or town, the council terms for a length of time in accordance with this section; and (ii) (A) for a metro township with a population of 10,000 or more, the boundaries of the five council districts; and (B) for a city, the boundaries of the four council districts. (b) (i) For each metro township, city, or town, the county legislative body shall set the initial terms of the members of the metro township council, city council, or town council so that: (A) except as provided in Subsection (2)(b)(ii), approximately half the members of the council, including the mayor in the case of a city, are elected to serve an initial term, of no less than one year, that allows their successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(1); and (B) the remaining members of the council are elected to serve an initial term, of no less than one year, that allows their successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(2). (ii) For a city that incorporated in a county of the first class in 2016, the term of office for the office of mayor is: (A) three years for the initial term of office; and (B) four years for each subsequent term of office. (iii) For a metro township with a population of 10,000 or more, the county legislative body shall divide the metro township into five council districts that comply with Section 10-3-205.5. (iv) For a city, the county legislative body shall divide the city into four council districts that comply with Section 10-3-205.5.

(a) No later than 90 days after the election day on which the metro township, city, or town is successfully incorporated under this part, the legislative body of the county in which the metro township, city, or town is located shall adopt by resolution: (i) subject to Subsection (2)(b), for each incorporated metro township, city, or town, the council terms for a length of time in accordance with this section; and (ii) (A) for a metro township with a population of 10,000 or more, the boundaries of the five council districts; and (B) for a city, the boundaries of the four council districts.

(i) subject to Subsection (2)(b), for each incorporated metro township, city, or town, the council terms for a length of time in accordance with this section; and

(ii) (A) for a metro township with a population of 10,000 or more, the boundaries of the five council districts; and (B) for a city, the boundaries of the four council districts.

(A) for a metro township with a population of 10,000 or more, the boundaries of the five council districts; and

(B) for a city, the boundaries of the four council districts.

(b) (i) For each metro township, city, or town, the county legislative body shall set the initial terms of the members of the metro township council, city council, or town council so that: (A) except as provided in Subsection (2)(b)(ii), approximately half the members of the council, including the mayor in the case of a city, are elected to serve an initial term, of no less than one year, that allows their successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(1); and (B) the remaining members of the council are elected to serve an initial term, of no less than one year, that allows their successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(2). (ii) For a city that incorporated in a county of the first class in 2016, the term of office for the office of mayor is: (A) three years for the initial term of office; and (B) four years for each subsequent term of office. (iii) For a metro township with a population of 10,000 or more, the county legislative body shall divide the metro township into five council districts that comply with Section 10-3-205.5. (iv) For a city, the county legislative body shall divide the city into four council districts that comply with Section 10-3-205.5.

(i) For each metro township, city, or town, the county legislative body shall set the initial terms of the members of the metro township council, city council, or town council so that: (A) except as provided in Subsection (2)(b)(ii), approximately half the members of the council, including the mayor in the case of a city, are elected to serve an initial term, of no less than one year, that allows their successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(1); and (B) the remaining members of the council are elected to serve an initial term, of no less than one year, that allows their successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(2).

(A) except as provided in Subsection (2)(b)(ii), approximately half the members of the council, including the mayor in the case of a city, are elected to serve an initial term, of no less than one year, that allows their successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(1); and

(B) the remaining members of the council are elected to serve an initial term, of no less than one year, that allows their successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(2).

(ii) For a city that incorporated in a county of the first class in 2016, the term of office for the office of mayor is: (A) three years for the initial term of office; and (B) four years for each subsequent term of office.

(A) three years for the initial term of office; and

(B) four years for each subsequent term of office.

(iii) For a metro township with a population of 10,000 or more, the county legislative body shall divide the metro township into five council districts that comply with Section 10-3-205.5.

(iv) For a city, the county legislative body shall divide the city into four council districts that comply with Section 10-3-205.5.

(3) (a) Within 20 days of the county legislative body's adoption of a resolution under Subsection (2), the county clerk shall publish, in accordance with Subsection (3)(b), notice containing: (i) if applicable, a description of the boundaries, as designated in the resolution, of: (A) for a metro township with a population of 10,000 or more, the metro township council districts; or (B) the city council districts; (ii) information about the deadline for filing a declaration of candidacy for those seeking to become candidates for metro township council, city council, town council, or city mayor, respectively; and (iii) information about the length of the initial term of city mayor or each of the metro township, city, or town council offices, as described in the resolution. (b) The notice under Subsection (3)(a) shall be published: (i) in a newspaper of general circulation within the metro township, city, or town at least once a week for two successive weeks; and (ii) in accordance with Section 45-1-101 for two weeks. (c) (i) In accordance with Subsection (3)(b)(i), if there is no newspaper of general circulation within the future metro township, city, or town, the county clerk shall post at least one notice per 1,000 population in conspicuous places within the future metro township, city, or town that are most likely to give notice to the residents of the future metro township, city, or town. (ii) The notice under Subsection (3)(c)(i) shall contain the information required under Subsection (3)(a). (iii) The county clerk shall post the notices under Subsection (3)(c)(i) at least seven days before the deadline for filing a declaration of candidacy under Subsection (3)(d). (d) A person seeking to become a candidate for metro township, city, or town council or city mayor shall, in accordance with Section 20A-9-202, file a declaration of candidacy with the clerk of the county in which the metro township, city, or town is located for an election described in Section 10-2a-411.

(a) Within 20 days of the county legislative body's adoption of a resolution under Subsection (2), the county clerk shall publish, in accordance with Subsection (3)(b), notice containing: (i) if applicable, a description of the boundaries, as designated in the resolution, of: (A) for a metro township with a population of 10,000 or more, the metro township council districts; or (B) the city council districts; (ii) information about the deadline for filing a declaration of candidacy for those seeking to become candidates for metro township council, city council, town council, or city mayor, respectively; and (iii) information about the length of the initial term of city mayor or each of the metro township, city, or town council offices, as described in the resolution.

(i) if applicable, a description of the boundaries, as designated in the resolution, of: (A) for a metro township with a population of 10,000 or more, the metro township council districts; or (B) the city council districts;

(A) for a metro township with a population of 10,000 or more, the metro township council districts; or

(B) the city council districts;

(ii) information about the deadline for filing a declaration of candidacy for those seeking to become candidates for metro township council, city council, town council, or city mayor, respectively; and

(iii) information about the length of the initial term of city mayor or each of the metro township, city, or town council offices, as described in the resolution.

(b) The notice under Subsection (3)(a) shall be published: (i) in a newspaper of general circulation within the metro township, city, or town at least once a week for two successive weeks; and (ii) in accordance with Section 45-1-101 for two weeks.

(i) in a newspaper of general circulation within the metro township, city, or town at least once a week for two successive weeks; and

(ii) in accordance with Section 45-1-101 for two weeks.

(c) (i) In accordance with Subsection (3)(b)(i), if there is no newspaper of general circulation within the future metro township, city, or town, the county clerk shall post at least one notice per 1,000 population in conspicuous places within the future metro township, city, or town that are most likely to give notice to the residents of the future metro township, city, or town. (ii) The notice under Subsection (3)(c)(i) shall contain the information required under Subsection (3)(a). (iii) The county clerk shall post the notices under Subsection (3)(c)(i) at least seven days before the deadline for filing a declaration of candidacy under Subsection (3)(d).

(i) In accordance with Subsection (3)(b)(i), if there is no newspaper of general circulation within the future metro township, city, or town, the county clerk shall post at least one notice per 1,000 population in conspicuous places within the future metro township, city, or town that are most likely to give notice to the residents of the future metro township, city, or town.

(ii) The notice under Subsection (3)(c)(i) shall contain the information required under Subsection (3)(a).

(iii) The county clerk shall post the notices under Subsection (3)(c)(i) at least seven days before the deadline for filing a declaration of candidacy under Subsection (3)(d).

(d) A person seeking to become a candidate for metro township, city, or town council or city mayor shall, in accordance with Section 20A-9-202, file a declaration of candidacy with the clerk of the county in which the metro township, city, or town is located for an election described in Section 10-2a-411.

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Section 410 - Determination of metro township districts -- Determination of metro township or city initial officer terms -- Adoption of proposed districts.