Chapter 1-5
MAYOR AND CITY COUNCIL
SECTION:
1-5-1: ELIGIBILITY AND RESIDENCY REQUIREMENTS
1-5-2: ELECTION, TERMS; VACANCIES
1-5-3: MAYOR AS MEMBER OF CITY COUNCIL
1-5-4: MUNICIPAL ADMINISTRATION
1-5-5: MEETINGS; PROCEDURE AND CONDUCT
1-5-6: ORDINANCES AND RESOLUTIONS; PROCEDURES
1-5-1 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 in which the person seeks office for at least three hundred sixty five (365) consecutive days 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 three hundred sixty five (365) consecutive days 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 the officer's term of office.
E. Residence Outside City: If an elected officer of the city establishes a principal place of residence as provided in Utah Code Annotated section 20A-2-105 outside of the city during the officer's 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 the officer's 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. (2007 Code)
1-5-2 ELECTION, TERMS; VACANCIES:
A. Election; Terms: The election and terms of office shall be as follows:
1. The offices of mayor and approximately half the 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 remaining 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.
B. Vacancy In Office: Mayor or city council vacancies shall be filled as provided in Utah Code Annotated section 20A-1-510. (2007 Code)
1-5-3 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. Powers And Duties:
1. The mayor is the chief executive officer to whom all employees of the city shall report.
2. The mayor shall:
a. Keep the peace and enforce the laws of the city;
b. Remit fines and forfeitures;
c. Report remittances under subsection C2b of this section to the city council at its next regular session;
d. Perform all duties prescribed by law, resolution or ordinance;
e. Ensure that all the laws and ordinances and resolutions are faithfully executed and observed;
f. Report to the city council the condition of the city and recommend for city council consideration any measures that the mayor considers to be in the best interests of the city;
g. 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;
h. 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
i. Report to the city council any release granted under subsection C3b of this section.
3. The mayor may:
a. At any reasonable time, examine and inspect the official books, papers, records or documents of the city or of any officer, employee or agent of the city; and
b. Release any person imprisoned for violation of any city ordinance.
D. No Veto: The mayor shall have no power to veto any act of the city council, unless otherwise specifically authorized by statute. (2007 Code)
1-5-4 MUNICIPAL ADMINISTRATION:
A. Prescribe Additional Powers And Duties: The city council may, by resolution, prescribe additional duties, powers and responsibilities for any elected or appointed official which are not prohibited by any specific statute, except that the mayor may not serve as city recorder and neither the mayor nor the city recorder may serve as city treasurer. A justice court judge may not hold any other city office or position of employment with the city.
B. Members Of Council May Be Appointed To Administration: The mayor may, with the advice and consent of the majority of the city council, assign or appoint any member or members of the city council to administer one or more departments of the city and shall by ordinance provide the salary of the administrator.
C. Change Of Duties: The mayor may, with the concurrence of a majority of the city council, change the administrative assignment of any member of the city council who is serving in any administrative position in the city government.
D. General Administrative Powers: The city council shall, from time to time, prescribe the powers and duties to be performed by the superintendents, supervisors, department directors and all of its officers and employees.
E. Personnel Assigned To One Or More Departments: The city council may assign any individual to one or more positions in one or more departments.
F. Rules And Regulations For Administration: The city council shall prescribe rules and regulations which are not inconsistent with the laws of this state, as it deems best for the efficient administration, organization, conduct and business of the city.
G. Appointed Officers; Residency Requirements: The city council may require by ordinance that any or all appointed officers reside in the city. (2007 Code)
1-5-5 MEETINGS; PROCEDURE AND CONDUCT:
A. Regular Meetings: The city council shall meet on the third Wednesday of each month, at the offices of the city or such other place as the city council may determine, at the hour of six thirty o'clock (6:30) P.M.
B. Special Meetings: If at any time the business of the city requires a special meeting, 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. 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. (2007 Code)
1-5-6 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 official acted in good faith in enforcing an ordinance or that he enforced an ordinance on advice of legal counsel.
B. 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 Huntington City";
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;
9. A place for the city recorder to attest the ordinance and affix the seal of the city;
10. Where the mayor may disapprove an ordinance passed by the city council, the ordinance must show that it was passed with the mayor's approval or that if the mayor disapproved the ordinance that it was passed over his disapproval. If the mayor either approves or disapproves an ordinance, the ordinance should show that it became effective without the approval or disapproval of the mayor.
C. 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), (2), (3) or (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.
D. Publication And Posting Of Ordinances:
1. Before an ordinance may take effect, the legislative body of the city adopting an ordinance, except an ordinance enacted under Utah Code Annotated sections 10-3-706 through 10-3-710, shall:
a. Deposit a copy of the ordinance in the office of the city recorder; and
b. (1) Publish a short summary of the ordinance at least once:
i. In a newspaper published within the city; or
ii. If there is no newspaper published within the city, in a newspaper of general circulation within the city; or
(2) Post a complete copy of the ordinance in three (3) public places within the municipality.
2. a. Any ordinance, code or book, other than the state code, relating to building or safety standards, municipal 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 governing body.
b. Any state law relating to building or safety standards, municipal 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.
c. The ordinance adopting the code or book shall be published in the manner provided in this subsection.
E. Recording, Numbering And 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.
F. 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 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. (2007 Code)