The text
1-6-1: - Eligibility and residency requirements#
A.
Declaration of Candidacy: A person filing a declaration of candidacy for a city office shall:
1.
Have been a resident of the city for at least one year immediately before the date of the election; and
2.
Meet the other requirements of Utah Code Annotated section 20A-9-203.
B.
Annexed Areas: A person living in an area annexed to the city meets the residency requirement of this section if that person resided within the area annexed to the city for at least one year before the date of the election.
C.
Registered Voter: Any person elected to city office shall be a registered voter in the city.
D.
Residency Maintained: Each elected officer of the city shall maintain residency within the boundaries of the city during his term of office.
E.
Residence Outside City: If an elected officer of the city establishes his principal place of residence as provided in Utah Code Annotated section 20A-2-105 outside of the city during his term of office, the office is automatically vacant.
F.
Continuous Absence from City: If an elected city officer is absent from the city any time during his term of office for a continuous period of more than sixty (60) days without the consent of the city council, the city office is automatically vacant.
(Adopted by Ord. 1976 Code § 3-210 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
1-6-2 : - Membership; terms#
A.
Composition: The city council shall be a council of six (6) persons, one of whom shall be the mayor and the remaining five (5) shall be council members.
B.
Election; Terms: The election and terms of office of the officers shall be as follows:
1.
The offices of mayor and two (2) council members shall be filled in a municipal election held in 1977. The terms shall be for four (4) years. These offices shall be filled every four (4) years in municipal elections.
2.
The offices of the other three (3) council members shall be filled in a municipal election held in 1979. The terms shall be for four (4) years. These offices shall be filled every four (4) years in municipal elections.
3.
The offices shall be filled in at-large elections which shall be held at the time and the manner provided for electing municipal officers.
C.
Vacancy in Office: Mayor or city council vacancies shall be filled as provided in Utah Code Annotated section 20A-1-510.
(Adopted by Ord. 1976 Code §§ 3-221, 3-222 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
1-6-3: - Mayor as member of city council#
A.
Administration Vested in Mayor: The administrative powers, authority and duties are vested in the mayor.
B.
Presiding Officer; Mayor Pro Tempore: The mayor shall be the chairperson and preside at the meetings of the city council. In the absence of the mayor or because of his inability or refusal to act, the city council may elect a member of the city council to preside over the meeting as mayor pro tempore, who shall have all the powers and duties of the mayor during his absence or disability. The election of a mayor pro tempore shall be entered in the minutes of the meeting.
C.
Voting; No Vote Except in Tie: The mayor shall not vote, except in the case of a tie vote of the city council.
D.
Powers and Duties: The mayor shall be the chief executive and administrator of the city and shall:
1.
Appoint Officers: Appoint, with the concurrence of the city council, all officers of the city;
2.
Supervise: Supervise all appointed officials and employees;
3.
Recommend Position Changes: Recommend to the city council any change in position of any person requiring the concurrence or action of the city council;
4.
Inspect Books and Records: Inspect all books and records pertaining to city affairs kept by any officer, employee or former officer or employee of the city at any reasonable time;
5.
Settle Disputes: Whenever there is a dispute as to the respective duties or powers of any appointed officer of the city, the dispute shall be settled by the mayor, who may confer with the city attorney; and the mayor shall have the power to delegate to any appointed officer any duty which is to be performed when no specific officer has been directed to perform that duty, subject to the consent of the city council at its next regular meeting;
6.
Designate Persons for Temporary Assignments: Temporarily designate himself or any other person to perform the duties of any office or position of the city which is vacant or which is not properly administered due to the absence or disability of the person appointed to that office or position;
7.
Reports to City Council: Prepare and present to the city council such reports as are required by law and such other reports as are requested by the city council;
8.
Other Required Duties: Perform such other duties as may be required by statute or ordinance.
E.
No Veto: The mayor shall have no power to veto any act of the city council, unless otherwise specifically authorized by statute.
(Adopted by Ord. 1976 Code §§ 3-511, 3-512 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
1-6-4: - Meetings; procedure and conduct#
A.
Regular Meetings: The city council shall conduct regular meetings which shall be held on the second Wednesday of each month at city hall in the council room located at 2635 West 6980 North, Honeyville, Utah, which meetings shall begin promptly at seven o'clock (7:00) P.M. during mountain standard time and at seven o'clock (7:00) P.M. during mountain daylight time, but if the meeting date is a legal holiday, then the meeting shall be held at the same time and place above described on the day one week before the legal holiday.
B.
Special Meetings:
1.
If at any time the business of the city requires a special meeting of the city council, such meeting may be ordered by the mayor or any two (2) members of the city council. The order shall be entered in the minutes of the city council. The order shall provide at least three (3) hours' notice of the special meeting and notice thereof shall be served by the city recorder on each member who did not sign the order by delivering the notice personally or by leaving it at the member's usual place of abode. The personal appearance by a council member at any specially called meeting constitutes a waiver of the notice required in this subsection.
2.
The written notice required in subsection B,1 of this section shall state the time and place the special meeting is to be held and the purpose for which the special meeting is being called.
C.
Open Meetings; Exceptions: Every meeting is open to the public, unless closed pursuant to Utah Code Annotated sections 52-4-4 and 52-4-5.
D.
Quorum:
1.
Defined: The number of members of the city council necessary to constitute a quorum is three (3) or more.
2.
Necessary: No action of the city council shall be official or of any effect, except when a quorum of the members are present. Fewer than a quorum may adjourn from time to time.
3.
Compelling Attendance: A quorum or fewer than a quorum of the city council may, at any regularly held meeting, compel the attendance of absent members and direct the city's law enforcement agency to bring the absent member to the meeting on an order signed by a majority of the members present; provided, that, the city's law enforcement agency shall not use force to compel the attendance of such absent member.
E.
Voting:
1.
How Vote Taken: A roll call vote shall be taken and recorded for all ordinances, resolutions and any action which would create a liability against the city and in any other case at the request of any member of the city council by a "yes" or a "no" vote and shall be recorded. The city recorder shall call the roll in alphabetical order. Every resolution or ordinance shall be in writing before the vote is taken.
2.
Minimum Vote Required: The minimum number of votes required to pass any ordinance, resolution or to take any action by the city council, unless otherwise prescribed by law, shall be a majority of the members of the quorum, but shall never be less than three (3).
a.
Any ordinance, resolution or motion of the city council having fewer favorable votes than required herein shall be deemed defeated and invalid, except a meeting may be adjourned to a specific time by a majority vote of the city council even though such majority vote is less than that required herein.
b.
A majority of the members of the city council, regardless of number, may fill any vacancy in the city council.
3.
Reconsideration: Any action taken by the city council shall not be reconsidered or rescinded at any special meeting unless the number of members of the city council present at the special meeting is equal to or greater than the number of members present at the meeting when the action was approved.
F.
Record of Proceedings: The city recorder shall keep a record of the proceedings of the meetings of the city council, except that minutes of closed meetings shall not be available to the public until such time as the city council shall make them public or by an order of court.
G.
Conduct; Order of Business:
1.
Rules of Procedure: Except as otherwise specifically required or provided by law, this code or by resolution of the city council, the most current edition of Robert's Rules of Order shall govern the procedure and conduct of the meetings of the city council.
2.
Agenda: All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the city council shall be delivered to the city recorder at least forty-eight (48) hours prior to each city council meeting, whereupon the city recorder shall immediately arrange a list of such matters according to the order of business and furnish each member of the city council, and when present, the city attorney, with a copy of the same prior to the city council meeting and as far in advance of the meeting as time for preparation will permit. Only the foregoing matters shall be presented to the city council by administrative officials, except those of an urgent nature; provided, that the city council may, by motion, waive the requirements of this subsection.
3.
Order of Business:
a.
At the time and place set for each meeting of the members of the city council, the business of the city shall be taken up for consideration and disposition of the following business, unless otherwise provided by motion of the city council:
(1)
Roll call.
(2)
Reading of minutes of previous meeting.
(3)
Approval of minutes of previous meeting.
(4)
Petitions, remonstrances and communications.
(5)
Introduction and adoption of resolutions and ordinances.
(6)
Report of officers, boards and committees.
(7)
Unfinished business.
(8)
New business.
(9)
Miscellaneous.
(10)
Appropriations.
(11)
Adjournment.
b.
The city council may by motion change, amend or delete any agenda item provided for in this subsection.
4.
Action on Committee Reports: Final action on any report of any committee appointed by the city council shall be deferred to the next regular meeting of the city council on the request of any two (2) members, except that the city council may call a special meeting to consider final action.
5.
Discipline of Members: The city council may fine or expel any member for disorderly conduct on a two-thirds ( 2 / 3 ) vote of the members of the city council.
(Adopted by Ord. 1976 Code §§ 3-232, 3-320, 3-333, 3-341, 3-345, 3-351, 3-353, 3-354, 3-355 on 1/1/1976; Amended by Ord. 97-3 on 12/8/1997; Amended by Ord. 2001 Code on 1/1/2001)
1-6-5: - Ordinances and resolutions; procedures#
A.
Power Exercised by Ordinance: The city council may pass any ordinance to regulate, require, prohibit, govern, control or supervise any activity, business, conduct or condition authorized by statute or any other provision of law. An officer of the city shall not be convicted of a criminal offense where he relied on or enforced an ordinance he reasonably believed to be a valid ordinance. It shall be a defense to any action for punitive damages that the official acted in good faith in enforcing an ordinance or that he enforced an ordinance on advice of legal counsel.
B.
Penalty for Violation: Unless otherwise specifically authorized by statute, the city council may provide a penalty for the violation of any city ordinance by a fine not to exceed the maximum Class B misdemeanor fine under Utah Code Annotated section 76-3-301 or by a term of imprisonment up to six (6) months, or by both the fine and term of imprisonment. The city council may prescribe a minimum penalty for the violation of any city ordinance and may impose a civil penalty for the unauthorized use of city property, including, but not limited to, the use of parks, streets and other public grounds or equipment. Rules of civil procedure shall be substantially followed.
C.
Form of Ordinance: Any ordinance passed by the city council shall contain and be in substantially the following order and form:
1.
A number;
2.
A title which indicates the nature of the subject matter of the ordinance;
3.
A preamble which states the need or reason for the ordinance;
4.
An ordaining clause which states "Be it ordained by the city of Honeyville:";
5.
The body or subject of the ordinance;
6.
When applicable, a statement indicating the penalty for violation of the ordinance or a reference that the punishment is covered by an ordinance which prescribes the fines and terms of imprisonment for the violation of the city ordinance; or, the penalty may establish a classification of penalties and refer to such ordinance in which the penalty for such violation is established;
7.
A statement indicating the effective date of the ordinance or the date when the ordinance shall become effective after publication or posting as required by this section;
8.
A line for the signature of the mayor or mayor pro tem to sign the ordinance; and
9.
A place for the city recorder to attest the ordinance and affix the seal of the city.
D.
Requirements as to Form; Effective Date:
1.
Ordinances passed or enacted by the city council shall be signed by the mayor, or if he is absent, by the mayor pro tempore, or by a quorum of the city council, and shall be recorded before taking effect. No ordinance shall be void or unlawful by reason of its failure to conform to the provisions of Utah Code Annotated section 10-3-704(1) through 10-3-704(4).
2.
Ordinances shall become effective twenty (20) days after publication or posting or thirty (30) days after final passage by the city council, whichever is closer to the date of final passage, but ordinances may become effective at an earlier or later date after publication or posting if so provided in the ordinance.
3.
Ordinances which do not have an effective date shall become effective twenty (20) days after publication or posting, or thirty (30) days after final passage by the city council, whichever is sooner.
E.
Publication and Posting of Ordinances: All ordinances, except those enacted pursuant to Utah Code Annotated sections 10-3-706 to 10-3-710, before taking effect shall be deposited in the office of the city recorder and a short summary of the ordinance published at least once in a newspaper published within the city, or if there is no newspaper published therein, then by posting complete copies in three (3) public places within the city. Any ordinance, code or book, other than the state code, relating to building or safety standards, city functions, administration, control or regulations, may be adopted and shall take effect without further publication or posting, if reference is made to the code or book and at least three (3) copies have been filed for use and examination by the public in the office of the city recorder prior to the adoption of the ordinance by the city council. Any state law relating to building or safety standards, city functions, administration, control or regulations, may be adopted and shall take effect without further publication or posting if reference is made to the state code. The ordinance adopting the code or book shall be published in the manner provided in Utah Code Annotated sections 10-3-709 and 10-3-710.
F.
Recording; Numbering; Certification of Passage: The city recorder shall record, in a book used exclusively for that purpose, all ordinances passed by the city council. The city recorder shall give each ordinance a number, if the city council has not already so done. Immediately following each ordinance, or codification of ordinances, the city recorder shall make or cause to be made a certificate stating the date of passage and of the date of publication or posting, as required. The record and memorandum, or a certified copy thereof, shall be prima facie evidence of the contents, passage and publication or posting of the ordinance or codification.
G.
Resolutions:
1.
Purpose; Limited Scope: Unless otherwise required by law, the city council may exercise all administrative powers by resolution, including, but not limited to: a) establishing water and sewer rates; b) charges for garbage collection and fees charged for city services; c) establishing personnel policies and guidelines; and d) regulating the use and operation of the city property. Punishment, fines or forfeitures may not be imposed by resolution.
2.
Form: Any resolution passed by the city council shall be in a form and contain sections substantially similar to that prescribed for ordinances.
3.
Publication; Effective Date: Resolutions may become effective without publication or posting and may take effect on passage or at a later date as the city council may determine, but resolutions may not become effective more than three (3) months from the date of passage.
(Adopted by Ord. 1976 Code §§ 3-411, 3-412, 3-413, 3-414 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
1-6-6: - Approval of written minutes policy#
A.
Definitions: For purposes of this ordinance the following definitions shall apply so long as they are consistent with the definitions of the same terms found in the Utah Open and Public Meetings Act. If a term is defined differently in the Utah Open and Public Meetings Act, the definition found in that Act shall apply:
CONVENING means the calling of a Meeting of a Public Body by a person authorized to do so for the express purpose of discussing or acting upon a subject over which that Public Body has jurisdiction or advisory power.
MEETING means the convening of a Public Body, with a quorum present, including a workshop or an executive session whether the Meeting is held in person or by means of electronic communications, for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the Public Body has jurisdiction or advisory power.
"Meeting" does not mean:
1.
A chance meeting;
2.
A social meeting; or
3.
The convening of a Public Body that has both legislative and executive responsibilities where no public funds are appropriated for expenditure during the time the Public Body is convened and:
a.
The Public Body is convened solely for the discussion or implementation of administrative or operational matters for which no formal action by the Public Body is required; or
b.
The Public Body is convened solely for the discussion or implementation of administrative or operational matters that would not come before the Public Body for discussion or action.
MEETING CLERK shall mean the City Recorder or Town Clerk (or their acting deputies) for a City or Town Council, or shall mean the person assigned by a Public Body, other than a City or Town Council, to record and to take the written minutes of a Meeting of a Public Body of this Municipality.
MINUTES of a Meeting is a written record of the Meeting that shall include:
1.
The date, time, and place of the Meeting;
2.
The names of members present and absent;
3.
The substance of all matters proposed, discussed, or decided by the Public Body which may include a summary of comments made by members of the Public Body;
4.
A record, by individual member, of each vote taken by the Public Body;
5.
The name of each person who:
a.
Is not a member of the Public Body; and
b.
After being recognized by the presiding member of the Public Body, provided testimony or comments to the Public Body;
6.
The substance, in brief, of the testimony or comments provided by the public under Subsection 2,e; and
7.
Any other information that is a record of the proceedings of the Meeting that any member requests be entered in the minutes or recording.
PROPOSED MINUTES shall mean the written minutes prepared by the Meeting Clerk that have been given to the members of a Public Body for their review and approval.
PUBLIC BODY means any administrative, advisory, executive, or legislative body of this Municipality that:
1.
Is created by the Utah Constitution, statute, rule, ordinance, or resolution;
2.
Consists of two or more persons;
3.
Expends, disburses, or is supported in whole or in part by tax revenue; and
4.
Is vested with the authority to make decisions regarding the public's business.
B.
Policy for Approval of Minutes: The following shall be the policy and procedure for the approval of Minutes for this Municipality.
1.
Written Minutes shall be taken for all public Meetings of any Public Body of this Municipality. The Minutes of all public Meetings of any Public Body of this Municipality shall be recorded and taken down by the Meeting Clerk during the course of any public Meeting of the Public Body.
2.
Within seven working days from the end of the Meeting, the Meeting Clerk shall prepare Proposed Minutes for the Meeting and give a copy of the Proposed Minutes to each member of the Public Body for his or her review and comments.
3.
Once the Proposed Minutes have been given to the members of the Public Body, the Meeting Clerk shall immediately make available to the public the Proposed Written minutes, which shall be a clearly identified as "awaiting formal approval" or "unapproved" or with some other appropriate notice that the Proposed Minutes are subject to change until formally approved and they shall become a public document available to any member of the public who requests to read or copy the Proposed Minutes.
4.
The Public Body shall consider the Proposed Minutes for approval at the first Meeting of the Public Body that immediately follows the Meeting Clerk giving the Proposed Minutes to the members of the Public Body. The members of the Public Body shall either approve the proposed written minutes as presented; or vote to correct and amend the proposed written minutes and then approve the corrected and amended written minutes at the Meeting.
5.
If the Public Body fail to consider the Proposed Minutes, or does not take any action to approve the Proposed Minutes at the first Public Meeting held by the Public Body immediately following the Public Body's receipt of the Proposed Minutes from the Meeting Clerk, the Proposed Minutes shall be deemed to have been approved by the Public Body and will stand as proposed.
6.
Once the Proposed Minutes have either been approved by the Public Body, or have been deemed to have been approved by the inaction of the Public Body, they shall become the official record of the proceedings of the Public Body and shall be signed by the Clerk of the Meeting and shall be retained in the official records of this Municipality and shall be a public document available for the inspection and copying by members of the public as appropriate under Utah law.
(Adopted by Ord. 2018-01 on 9/9/2019)