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.
(2001 Code)
1-6-2: - MEMBERSHIP; TERMS:#
A.
Composition: The governing body 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 municipal elections 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.
4.
Where both two (2) year and four (4) year terms are to be filled by election or appointment, the election ballot or appointment shall clearly state which persons are to be elected or appointed to the shorter term and to the longer term.
C.
Vacancy in Office: Mayor or city council vacancies shall be filled as provided in Utah Code Annotated section 20A-1-510.
(2001 Code)
1-6-3: - MAYOR AS MEMBER OF CITY COUNCIL:#
A.
Authority of Mayor: The mayor is the chief executive officer of this city. He shall supervise the conduct of all city officers and may suspend any appointive officer from office for sufficient cause; such suspension, however, will terminate at the next regular meeting of the city council, unless such officer is, after a hearing and opportunity to present his defense, thereupon removed from office by action of the city council.
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 council shall, as soon as practicable or at its first meeting following each regular city election, and after the newly elected members take office, elect one of its members to serve as mayor pro tempore, for a term expiring at the first council meeting following each regular city election. 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:
1.
Keep the peace and enforce the laws of the city;
2.
Remit fines and forfeitures and may release any person imprisoned for violation of any city ordinance;
3.
Report such remittance or release to the city council at its next regular session;
4.
Perform all duties prescribed by law, resolution or ordinance;
5.
Ensure that all the laws and ordinances and resolutions are faithfully executed and observed;
6.
May at any reasonable time examine and inspect the books, papers, records or documents of the city or of any officer, employee or agent of the city;
7.
Report to the city council the condition of the city and recommend for city council consideration any measures as deemed to be in the best interests of the city;
8.
When necessary, call on the residents of the city over the age of twenty-one (21) years to assist in enforcing the laws of the state and ordinances of the city;
9.
Appoint, with the advice and consent of the city council, persons to fill city offices or vacancies on commissions or committees of the city; and
10.
Sign all contracts, leases, deeds and other writings on the part of the city, authorized by the city council, or required by law or any ordinance of this city.
E.
No Veto: The mayor shall have no power to veto any act of the city council, unless otherwise specifically authorized by statute.
F.
Bond, Oath of Office: Before entering upon the discharge of his official duties, the mayor shall give a bond to the city in the sum of one thousand dollars ($1,000.00), conditioned upon the faithful performance of his duties, and shall take and subscribe the constitutional oath of office.
(1985 Code §§ 2-2-2, 2-2-3; 2001 Code; Ord. 852, 2-4-2014)
1-6-4: - CITY COUNCIL:#
A.
General Duties of Council Members: The city council shall perform all the duties prescribed by statute and by the city ordinances, and all such other duties consistent with law as may be necessary for the efficient government of the city; and it shall be the duty of each council member to faithfully perform the duties of his office.
1.
The Riverdale City council hereby adopts the "Riverdale City Council Rules And Procedures" to guide and direct the governing body in its transaction of city business and purposes and to inform the public of the processes, rules and procedures used by the city council. The council is hereby empowered to change, modify or amend the rules and procedures as set forth therein, or as needed, by resolution duly presented and voted upon by said council. A true and correct copy of the currently adopted "Riverdale City Council Rules And Procedures" shall be made available to the public during regular business hours and posted upon the city website.
B.
Regulation of Officers: The city council shall have power to formulate and adopt by ordinance or resolution all necessary rules and regulations prescribing the duties and conduct of the other officers of the city, including the management of the respective offices, not in conflict with these ordinances or with the laws of the state.
C.
Approve Claims: It shall be the duty of the city council to examine carefully the list of all claims presented against the city which list constitutes the warrant register, and such of them as are found to be valid obligations of the city shall be approved and ordered paid.
D.
Bond; Oath of Office: Each member of the city council before assuming the duties of his office, shall file a bond with the city recorder in the sum of one thousand dollars ($1,000.00), for the faithful performance of his duty, and shall take and subscribe the constitutional oath of office.
(1985 Code §§ 2-3-2—2-3-4; Ord. 775, 11-3-2010)
1-6-5: - MEETINGS; PROCEDURE AND CONDUCT:#
A.
Regular Meetings: The city council shall conduct twenty-four (24) regular meetings which shall be held on the first and third Tuesday of each month at the Riverdale Civic Center, Riverdale, Utah, which meetings shall begin promptly at six o'clock (6:00) P.M., 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 next following that is not a legal holiday.
B.
Special Meetings: 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.
C.
Open Meetings: Every meeting is open to the public, unless closed pursuant to Utah Code Annotated sections 52-4-4 and 52-4-5.
D.
Quorum: The majority of the council elected shall constitute a quorum to do business; but a smaller number may adjourn from time to time, and are hereby empowered to compel the attendance of absent members, and may, when necessary, direct the police chief or his/her designee to bring in such member or members under arrest. Should any member of the council, when notified by the police chief or other proper officer, that his presence is necessary to form a quorum (unless he shall present an excuse satisfactory to the council at its next regular meeting), or should any member leave the council when in session without the consent of the council, when such leaving would break the quorum, he may be fined in any sum not exceeding fifty dollars ($50.00).
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. 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.
Electronic Meetings:
1.
Authorized: Any public body of Riverdale City may, by following the procedures and requirements of this subsection F and those outlined by state law, convene and conduct an electronic meeting.
2.
Definitions:
ANCHOR LOCATION: The physical location where a public meeting is held and from which the electronic meeting originates or from which the participant(s) is/are connected.
ELECTRONIC MEETING: A Riverdale City meeting convened or conducted by means of a telephonic, telecommunications, or computer conference.
ELECTRONIC NOTICE: Electronic mail or fax.
MONITOR: To hear live, by speaker or by other equipment, all of the public statements of each member of the public body who is participating in a meeting; or see, by computer screen or other visual medium, all public statements of each member of the public body who is participating in a meeting.
PARTICIPATE: The ability to communicate with all of the members of the public body, either verbally or electronically, so that each member of the public body can hear or see the communication.
PUBLIC BODY: The city council or other official city body or commission that is created by city ordinance or resolution and consists of two (2) or more persons and expends, disburses, or is supported by tax revenue and is vested with the authority to make decisions regarding the public's business.
PUBLIC HEARING: A meeting at which comments from the public will be accepted. At public meetings, participation of the public is through observation/listening with public input being provided during any approved period of the meeting agenda that has been designated for such participation.
PUBLIC STATEMENT: A statement made in the ordinary course of business of the public body with the intent that all other members of the public body receive it.
REMOTE LOCATION: Any place, other than the anchor location, where a member is at, who participates in a telecommunications meeting.
TELECOMMUNICATIONS MEETING: A formal meeting of the city where one or more members participates from a remote location via telephone, internet, television, or other telecommunication means now known or yet to be developed.
3.
Procedures:
a.
Procedures Same as for Nonelectronic Meeting: The meeting procedures to be followed at the electronic meeting shall be the same as those followed by the public body in a nonelectronic meeting.
b.
Roll Call Method Used: A speakerphone, or similar amplifying electronic device, will be connected in such a manner that comments made by the members participating electronically will be broadcast through the public address system at the anchor location. Full participation of each member present and those participating electronically will be given to make inquiries and participate in the discussion through a roll call method. Votes taken in these circumstances shall be by roll call method, with each member audibly verbalizing their vote in accordance with subsection E of this section.
c.
Electronic Participants Considered Present: Riverdale City elected and appointed representatives and city staff shall be considered present as if the individuals were physically on site and present. Any form of telecommunication may be used, as long as it allows for real time interaction in the way of discussions, questions and answers, and voting.
d.
Public Participation: Designated sites at which an electronic meeting is held will be open to the public unless specifically closed to the public under state law. Members of the public attending such a meeting may provide input during any meeting that is designated for public participation. Space and facilities will be provided at the anchor location so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.
e.
Minutes to Record Participation: Minutes of the meeting shall record the presence of members participating through electronic means. The roll call for members present will be taken verbally and recorded.
f.
Discussion of Motions; Voting: Discussion of motions will take place in accordance with usual procedures with the exception of those present electronically must declare their intent verbally with their accompanying name(s). All voting and consensus requests shall be made verbally and by roll call when a voting participant is present electronically.
g.
Public Notice: Public notice of the meeting shall be made in the manner and within the time frame as set forth in Utah Code Annotated section 52-4-202.
h.
Premeeting Contact: Any member(s) participating from remote locations shall make contact with the city fifteen (15) minutes prior to the start of the meeting to ensure that the equipment to be used is in proper working order.
i.
Quorum: Members participating via telecommunications are to be considered present for purposes of establishing a quorum, as defined by law. In the event of failure of equipment, or other factor, which causes a lack of communications with a member(s) causing lack of a quorum, no additional business may be conducted until the quorum can be reconstituted. Continuances may be granted as set forth by law. Business already conducted remains binding.
j.
Location: Whenever a meeting is to be held with a member(s) via telecommunications, the anchor location identified in all notices shall be the city offices, 4600 South Weber River Drive, Riverdale City, Weber County, Utah, or such other location as determined by the council in accordance with law. Public participation is limited to the anchor location. Members participating via telecommunications may do so from any location where access can be had and the criteria of this subsection F met.
k.
Method: Any telecommunications method now known or hereafter developed may be used to conduct a telecommunications meeting, so long as the criteria set forth herein can be met. All persons at the anchor location shall be required to have real time video and/or audio contact with member(s) participating from remote locations, so as to know the entire discussion and deliberations of the council. Members participating from remote locations shall have the obligation to use appropriate equipment or take other precautions to eliminate static or other disturbances to the orderly conduct of the meeting. If available, and not cost prohibitive, an audio and video feed is the preferred method of conducting a telecommunications meeting.
(1985 Code § 2-1-1; amd. 2001 Code; Ord. 597, 12-5-2001; Ord. 709, 7-1-2008; Ord. 710, 7-15-2008; Ord. 815, 9-25-2012; Ord. No. 990, § 2(Att.), 11-19-2024)
1-6-6: - 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 officer 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 enacting clause which states: "It is hereby ordained and enacted by the city council of the city of Riverdale as follows:" and no enacting clause shall be used in any action of any ordinance except the first;
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 acting mayor 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 sections 10-3-704(1) through (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 through 710, before taking effect shall be deposited in the office of the city recorder and a short summary of the ordinance published as a Class A notice in accordance with Utah Code 63G-30-102. 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 and Certification of Passage:
1.
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.
2.
The city recorder shall continue to number all ordinances consecutively adopted after this code, beginning with the number consecutively following the number of the last ordinance adopted prior to the adoption of this code and shall continue thereafter to consecutively number all ordinances filed and spread upon his records in the order of their passage and shall assign appropriate section numbers in conformity with the system of numbering ordinances used in this code.
G.
Resolutions:
1.
Purpose: 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 upon 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.
(1985 Code §§ 1-1-5, 1-1-6; amd. 2001 Code; amd. Ord. 965, 6-6-2023)