17-52-206 - Election on recommended optional plan -- Resolution or petition to submit plan to voters.
17-52-206. Election on recommended optional plan -- Resolution or petition tosubmit plan to voters.
(1) (a) The county legislative body shall hold an election on an optional planrecommended in a study committee report filed under Subsection 17-52-303(3)(d) if:
(i) the county or district attorney has completed the review of the recommended optionalplan and has submitted the attorney's report to the county clerk as provided in Section 17-52-204;
(ii) the recommended optional plan may, under Subsection 17-52-204(3), be the subjectof a resolution or petition under this Subsection (1); and
(iii) after the county or district attorney has submitted the attorney's report under Section17-52-204:
(A) the county legislative body adopts a resolution to submit the recommended optionalplan to voters; or
(B) a petition is filed with the county clerk that:
(I) is signed by registered voters residing in the county equal in number to at least 10% ofthe total number of votes cast in the county at the most recent election for governor;
(II) designates up to five of the petition signers as sponsors, one of whom shall bedesignated as the contact sponsor, with the mailing address and telephone number of each; and
(III) requests that the recommended optional plan be submitted to voters.
(b) The process for certifying a petition filed under Subsection (1)(a)(iii)(B) shall be thesame as that provided in Subsection 17-52-203(3).
(2) Each election under Subsection (1) shall be held at the next regular general ormunicipal general election date that is no less than two months after:
(a) the county legislative body's adoption of a resolution under Subsection (1)(a)(iii)(A);or
(b) certification of a petition filed under Subsection (1)(a)(iii)(B).
(3) The county clerk shall prepare the ballot for each election under Subsection (1) sothat the question on the ballot states substantially as follows:
"Shall ___________________ County adopt the alternate form of government known asthe __(insert the proposed form of government)___ that has been recommended by the studycommittee?"
(4) The county clerk shall:
(a) cause the complete text of the proposed optional plan to be published in a newspaperof general circulation within the county at least once during two different calendar weeks withinthe 30-day period immediately before the date of the election under Subsection (1); and
(b) make a complete copy of the optional plan and the study committee report availablefree of charge to any member of the public who requests a copy.
Amended by Chapter 241, 2001 General Session