CHAPTER 2
GENERAL QUALIFICATIONS AND DUTIES OF OFFICERS
Sections:
2-2-101 Eligibility for Office.
2-2-102 Term of Office for Mayor and Councilmen.
2-2-103 Appointive Officers.
2-2-104 Term of Appointive Officers.
2-2-105 Removal from City.
2-2-106 Delivery of Records.
2-2-107 Vacancies.
2-2-108 Oath of Office.
2-2-109 Bonds.
2-2-110 Salaries.
2-2-111 Inspection of Records.
2-2-112 Approval of Expenditures.
2-2-113 Budget Limits.
2-2-114 Emergencies.
2-2-115 Ethics Act.
2-2-116 Employment of Family Members Prohibited.
2-2-117 Unfair Employment Practices Prohibited.
2-2-118 Occupational Safety and Health Act.
2-2-119 Additional Powers and Duties.
2-2-101 Eligibility for Office.
Any person elected to a City office must be a registered voter of the City. Except as provided by Section 2-2-105(2), any person appointed to any office enumerated in 2-2-103 below shall be a resident of the City.
(Statutory Authority UCA 10-3-301 (2), 10-3-816, 10-3-916 (2); 1968 Code 1-8-1; amended in codification 1979; 1979 Code 2-2-1; amended by Ordinance No. 17-90)
2-2-102 Term of Office for Mayor and Councilmen.
The Mayor and Councilmen shall enter upon their duties at 12:00 noon on the first Monday in January next succeeding their election. The Mayor and each Councilman shall continue in office for a term of four (4) years, and in each case until a successor is duly elected and qualified, unless otherwise provided by law.
(Statutory Authority UCA 10-3-916 (1); 1968 Code 1-8-2; 1979 Code 2-2-2)
2-2-103 Appointive Officers.
On or before the first Monday in February following a municipal election, the Mayor, with the advice and consent of the City Council, shall appoint a qualified person to each of the offices of City Recorder and City Treasurer. The Mayor shall also appoint a City Marshall as provided by Section 3-2-101. The City Recorder shall be ex officio the City Auditor and shall perform the duties of such office.
(Statutory Authority UCA 10-3-916 (1); 1968 Code 1-8-3; amended in codification 1979; 1979 Code 2-2-3; amended by Ord. No. 11-96)
2-2-104 Term of Appointive Officers.
Except as otherwise may be provided by law, the term of office of the City Recorder and City Treasurer shall be until the election next following their appointment and until their respective successors are chosen and qualified, except that they may be sooner removed by the Mayor with the concurrence of a majority of the members of the City Council, or by the City Council with the concurrence of the Mayor.
(1968 Code 1-8-4; amended in codification 1979; 1979 Code 2-2-4; amended by Ord. No. 11-96)
2-2-105 Removal from City.
(1) If any elected officer shall, at any time during his term of office, live outside the boundaries of the City for a continuous period of more than sixty (60) days or establish residence outside the City during his or her term of office, the office shall thereby become automatically vacant.
(2) If any appointed officer listed in Section 2-2-103 shall, at any time during his term of office, live outside a reasonable distance from the City for a continuous period of more than sixty (60) days or establish residence outside of a reasonable distance from the City during his or her term of office, the office shall thereby become automatically vacant. Provided, however, the Mayor may, with the consent of the City Council, exempt any person appointed from the residence requirement.
(Statutory Authority UCA 10-3-301 (3), 10-3-816, 10-3-916 (2); added in codification 1979; 1979 Code 2-2-5; amended by Ordinance No. 17-90; amended in codification; amended by Ordinance 3-05)
2-2-106 Delivery of Records.
Every officer and employee of the City, upon expiration of his term for any cause whatsoever, shall, within five (5) days after notification and request, deliver to his successor all books and records which may be the property of the City.
(Added in codification 1979; 1979 Code 2-2-6)
2-2-107 Vacancies.
(1) Whenever any vacancy occurs in the office of Mayor or Councilman, the City Council shall by a majority vote appoint any registered voter in the City to fill the portion of the unexpired term of the office vacated provided by state law. If for any reason the City Council does not fill the vacancy within thirty (30) days after the vacancy occurs, the persons having the highest number of votes of the City Council shall come before the City Council, and if there is not a majority vote by the City Council, the vacancy shall be filled by lot in the presence of the City Council.
(2) If a vacancy shall occur in the office of City Recorder or City Treasurer, the Mayor, by and with the consent of the City Council, shall forthwith fill such vacancy by appointment for the unexpired term.
(Statutory Authority UCA 10-3-303; 1968 Code 1-8-5; amended in codification 1979; 1979 Code 2-2-7; amended by Ordinance Nos. 9-86; amended by Ord. No. 11-96)
2-2-108 Oath of Office.
(1) All officers of Springville, whether elected or appointed, shall, before they enter upon the duties of their respective offices, take, subscribe and file the constitutional oath of office.
(2) No official act of any officer shall be invalid for the reason that he failed to take the oath of office.
(Statutory Authority UCA 10-3-827 and 10-3-829; 1968 Code 1-8-6; second paragraph added in codification 1979; 1979 Code 2-2-8)
2-2-109 Bonds.
Every officer of Springville, whether elected or appointed, shall, before entering upon the duties of his office, execute a bond with good and sufficient sureties, payable to the City, in such penal sum as may by resolution of the City Council be directed, conditioned upon the faithful performance of the duties of his office and the payments of all money received by such officer according to the law and the ordinances of the City. The Treasurer’s bond shall be fixed at a sum not less than $2,500.00, or such larger amount as may be determined by the State Money Management Council. The bonds of Councilmen shall be approved by the Mayor. The bonds of all other officers shall be approved by the City Council. The premium charged by a corporate surety for any official bond shall be paid by the City.
(Statutory Authority UCA 10-3-819, 10-3-821 to 823; 1968 Code 1-8-7; amended in codification 1979; 1979 Code 2-2-9)
2-2-110 Salaries.
(1) The elective and appointive officers of the City shall receive such compensation for their services as the City Council may fix by ordinance, adopting compensation or compensation schedules.
(2) Until changed by ordinance in the manner herein provided, the annual salaries of the officers of the City shall be as follows: Mayor, $4,800.00; Councilmen, $3,600.00. All other officers shall be paid in accordance with the compensation schedules approved by the City Council in effect on the effective date of this Section, which compensation schedules are on file in the office of the City Recorder.
(3) Upon its own motion the City Council may review or consider the compensation of any officer or officers of the City or a salary schedule applicable to any officer or officers of the City for the purpose of determining whether or not it should be adopted, changed, or amended.
(4) The compensation of all City officers shall be paid at least monthly out of the City Treasury.
(Statutory Authority UCA 10-3-818; 1968 Code 1-8-8 as amended by Ordinance No. 9-79; minor changes in phraseology made in codification 1979; 1979 Code 2-2-10; amended by Ordinance No. 13-93)
2-2-111 Inspection of Records.
All records, books, papers, and documents belonging to any office of the City shall be open at any time to inspection by the Mayor or any member of the City Council.
(1968 Code 1-8-9; 1979 Code 2-2-11)
2-2-112 Approval of Expenditures.
No purchase shall be made and no indebtedness incurred by any officer or employee of the City without approval and order of the City Recorder or of some other person duly authorized and commissioned by the City Council to act as purchasing agent for the City.
(Statutory Authority UCA 10-10-44; 1968 Code 1-8-10; 1979 Code 2-2-12)
2-2-113 Budget Limits.
No City officer shall make or incur expenditures or encumbrances in excess of total appropriations for any department in the budget as adopted or as subsequently amended. Any obligation that is so contracted by any such officer shall be and become the obligation of the officer himself and shall not be or become valid or enforceable against the City.
(Statutory Authority UCA 10-10-45; 1968 Code 1-8-11; 1979 Code 2-2-13)
2-2-114 Emergencies.
In the event that the City Council determines that an emergency exists, such as widespread damage from fire, flood or earth-quake, or that the said emergency necessitates the expenditure of money in excess of the budget of the general fund, the City Council may make such expenditures and incur such deficits in said fund as may be reason- ably necessary to meet said emergency. In the case of a wide-spread low-income housing shortage, however, such expenditure shall be limited to the amount of money in the emergency reserve provided for in Utah Code Annotated 1953, 10-10-38, or other applicable state law and for this purpose no deficit shall be incurred.
(Statutory Authority UCA 10-10-53; added in codification 1979; 1979 Code 2-2-14; amended in codification)
2-2-115 Ethics Act.
All officers and employees of the City shall adhere to the standards of conduct as set forth in the Utah Public Officers and Employees Ethics Act, Title 67, Chapter 16, Utah Code Annotated 1953, as amended.
(Added in codification 1979; 1979 Code 2-2-15)
2-2-116 Employment of Family Members Prohibited.
No person shall be employed by the City in violation of the provisions of Title 52, Chapter 3, Utah Code Annotated 1953, as amended, which prohibits the employment of relatives by any person holding any position, the compensation for which is paid by City funds.
(Added in codification 1979; 1979 Code 2-2-16)
2-2-117 Unfair Employment Practices Prohibited.
The City shall not engage in any discriminatory or unfair employment practice in violation of Title 34, Chapter 35, Utah Code Annotated 1953, as amended.
(Added in codification 1979; 1979 Code 2-2-17)
2-2-118 Occupational Safety and Health Act.
The City and its employees shall be subject to the provisions of the Utah Occupational Safety and Health Act of 1973, Title 35, Chapter 9, Utah Code Annotated 1953, as amended, but only to the extent that that act is, by the terms thereof, specifically applicable to the City.
(Added in codification 1979; 1979 Code 2-2-18)
2-2-119 Additional Powers and Duties.
The duties, powers and privileges of all officers in any way connected with the City not defined in this Code shall be defined from time to time by appropriate ordinance or resolution of the City Council.
(Statutory Authority UCA 10-3-701; 1968 Code 1-8-13; amended in codification 1979; 1979 Code 2-2-19)