Parowan

Chapter 1 -- ELECTIONS Section 11-1-1. Elective Officers Section 11-1-2. Municipal Elections Section 11-1-3. Terms Section 11-1-4. Election of Officers Section 11-1-5. Eligibility and Qualifications Section 11-1-6. Vacancies

11-1-1. Elective Officers. The City shall be governed by a governing body consisting of a Mayor and five City Councilmen who shall be chosen by the electors of the City as provided herein.

11-1-2. Municipal Elections. On the Tuesday after the first Monday in November, 1977, and every second year thereafter, a municipal election shall be held. Such election shall be held in the manner prescribed by State law. Nominations for City offices shall be made according to the provisions of Title 20, Chapter 5 of Utah Code Annotated 1953, as amended. Direct primary elections shall not be held.

11-1-3. Terms. The officers elected shall begin their term of office at 12:00 noon on the first Monday in January following their election. They shall continue in the office to which they were elected for four years except in case of death, resignation, removal or disqualification. All elected officers shall hold office for the term for which they are elected and until their successors are chosen and qualified.

11-1-4. Election of Officers. a) The offices of Mayor and two Councilmen shall be filled in the election held in 1977. The terms shall be for four years. These offices shall be filled in municipal elections held every four years. b) The offices of the other three Councilmen shall be filled in the municipal election held in 1979. The terms shall be for four years. These offices shall be filled every four years in municipal elections. c) The officers shall be elected in at-large elections.

11-1-5. Eligibility and Qualifications. a) All elective officers shall be chosen by the registered voters of the City. b) Any person elected to municipal office must be a registered voter in the City. c) If any elected official shall at any time during his or her term of office live outside the City for a continuous period of more than 60 days or establish residence outside the City during his or her term of office, said office shall thereby become automatically vacated.

11-1-6. Vacancies. 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

unexpired term of the office vacated. If, for any reason, the City Council does not fill the vacancy within thirty days after it occurs, the two persons having the highest number of votes of the City Council body 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.

Chapter 2 -- MAYOR

Section 11-2-1. Administration Vested in Mayor Section 11-2-2. Power of Mayor Section 11-2-3. Presiding Officer Section 11-2-4. Appointment of Other Officers Section 11-2-5. Administrative Appointments of Council Section 11-2-6. Signature Required

11-2-1. Administration Vested in Mayor. The Mayor shall be the Chief Executive Officer of the City and all general administrative powers shall be vested in him. He shall exercise a general supervision over all officers and departments of the City. He shall have such powers as are granted to him by State law, by City Ordinance, and such additional powers as may be reasonably inferred therefrom.

11-2-2. Powers of Mayor. The Mayor shall: (1) be the chief executive officer to whom all employees of the City shall report; (2) keep the peace and enforce the laws of the State and ordinances of the City; (3) remit fines and forfeitures and may release any person imprisoned for violation of any municipal Ordinance, but shall immediately report such actions to the City Council; (4) shall ensure that all laws, ordinances and resolutions are faithfully executed and observed; (5) may at any reasonable time examine and inspect the books, papers, reports, or documents of the city or any officer, employee, or agent of the City; (6) shall report to the City Council the condition of the City and recommend for consideration by the City Council any measures he deems to be in the best interests of the City; (7) shall, when he considers it necessary, limit by proclamation the use of water for any purpose other than domestic purposes to such extent as he shall determine to be necessary; and (8) shall, when necessary, call on the residents of the City over the age of 21 years to assist in enforcing the laws of the State and Ordinances of the City. 11-2-3. Presiding Officer. The Mayor shall be the presiding officer at meetings of the City Council. He shall not, however, vote on any matter considered or acted upon by the City Council except in the case of a tie vote of the Council. In the absence of the Mayor, or because of his inability or refusal to act, the City Council may elect one of its number 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 City Council.

11-2-4. Appointment of Other Officers. The Mayor shall, with the advice and consent of the City Council, appoint the City Recorder, Chief of Police, Justice of the Peace, City Treasurer, and City Attorney. Except as may otherwise be specifically provided, the Mayor shall also appoint all other officers and employees of the City with the advice and consent of the City Council.

11-2-5. Administrative Appointments of Council. The Mayor may, with the consent of the City Council, appoint or assign a member or members of the Council to administer one or more departments of the City. The Mayor, with the concurrence of a majority of the Council, may at anytime change the administrative assignment of any member of the Council.

11-2-6. Signature Required. The signature of the Mayor, properly attested by the City Recorder, shall be required on all deeds made by the city. Except as may otherwise be authorized by the Mayor, City Council, or provisions of law or City Ordinances, the signature of the Mayor shall also be required on all contracts to which the City is a party.

Chapter 3 -- CITY COUNCIL

Section 11-3-1. Meetings Section 11-3-2. Quorum Section 11-3-3. Attendance Section 11-3-4. Voting Section 11-3-5. Reconsideration Section 11-3-6. Meetings to be Open Section 11-3-7. Executive Sessions Section 11-3-8. Records Section 11-3-9. Public Conduct Section 11-3-10. Witnesses and Evidence Section 11-3-11. Power and Duties

11-3-1. Meetings. Regular meetings of the City Council shall be held at the City offices as provided in this section. Special meetings shall be held at the order of the Mayor or of any two members of the Council. An order for a special meeting shall be entered in the Council minutes. The order shall provide at least three hours notice of the special meeting and shall be served by the City Recorder on each member who did not sign the order by delivering the notice personally or leaving it at the member's usual place of abode. The personal appearance by a member at any special meeting shall constitute a waiver of the notice which is required by this section. Regular meetings of the City Council shall be held on the second and fourth Thursdays of each month.

11-3-2. Quorum. No action of the City Council shall be taken or shall be official or of any effect except when a quorum of members is present. Fewer than a quorum may adjourn from time to time. Three members shall constitute a quorum.

11-3-3. Attendance. The City Council shall have power to compel attendance of its members and the members present at any meeting shall, even in the absence of a quorum, have authority to issue a warrant or order to the Chief of Police requiring him to arrest and deliver absent members to the meeting.

11-3-4. Voting. Voting on all ordinances, resolutions, and on all other actions which may create a liability of the City shall be by roll call and the "yes" or "no" vote of each member shall be recorded in the minutes of the meeting. A roll call vote shall also be taken at the request of any member on any other matter. The minimum number of "yes" votes needed to pass any ordinance, resolution or take any other action by the Council shall be three. Any matter receiving fewer than three votes shall be deemed defeated and invalid. A majority of the members of the City Council may, regardless of number, fill any vacancy on the Council.

11-3-5. Reconsideration. No action taken by the City Council shall be reconsidered or rescinded at any special meeting unless the number of members at the special meeting is equal to or greater than the number of members present at the meeting when the action was taken.

11-3-6. Meetings to be Open. Except as may otherwise be provided by law, all meetings of the City Council shall be open and public. No ordinance, resolution, rule, regulation, contract, or other action of the Council shall have any effect unless passed and approved at a properly held open and public meeting.

11-3-7. Executive Sessions. The City Council may hold executive sessions to discuss any matter affecting at the City where public discussion may unduly prejudice or injure any individual or the operation or conduct of the City's affairs. The City Council shall not, however, make any final decision on any matter in the executive session and any action taken shall be void and of no effect.

11-3-8. Records. The City Council shall keep a journal of its proceedings. The Journal shall be kept at the office of the City Recorder and shall be open to public inspection and copying. The City Recorder shall be the Clerk of the Council for the purpose of keeping such record.

11-3-9. Public Conduct. The City Council may, on a two-thirds vote of the members present, expel any person who is disorderly during a meeting of the Council. This section, or any action taken pursuant thereto, shall not preclude prosecution under any other provision of law.

11-3-10. Witnesses and Evidence. The City Council may require the attendance of any person to give testimony or produce records or other evidence as it may determine to be useful or necessary for the governance of the City. Subpoenas to compel such attendance shall be issued in the name of the Council in the manner provided by the Utah Rules of Civil Procedure.

11-3-11. Power and Duties. The City Council shall have general legislative powers and, except as such powers are restricted by law, may enact ordinances on any matter it shall determine. The council shall be the general governing body of the City and may investigate any matter it chooses in furtherance of its responsibilities. Members of the Council may, as provided in 11-2-5, serve as administrative heads of various City departments and functions.

Chapter 4 -- CITY SEAL

Section 11-4-1. City Seal

11-4-1. City Seal. The official seal of Parowan City shall be kept in the office of the City Recorder. The seal shall be circular in form and one and three-quarters inch in diameter, the impression on which is a beehive within an inner circle surrounded with bees and flowers, with the inscription "Parowan City" over the top, and "Corporate Seal" underneath, with three stars on either side, the said inscription and stars being around the outer edge of the inner circle. This seal is hereby established as the official seal of the City.

Chapter 5 -- BUDGET AND ACCOUNTING

Section 11-5-1. Procedures Section 11-5-2. Duties of City Officers Section 11-5-3. Claims Against City Section 11-5-4. Action on Claims Section 11-5-5. Officers Not to Advocate Claims

11-5-1. Procedures. The budget and accounting procedures of the City shall be those required by the Utah Uniform Municipal Fiscal Procedures Act as the same may be amended from time to time. All of the hearings, notices and other requirements set forth in that act shall be complied with by the City.

11-5-2. Duties of City Officers. The City Recorder shall, in his function as auditor, be the primary budget officer of the City and shall be responsible for preparing the proposed budget under the direction of the Mayor. The proposed budget shall be submitted to the City Council for consideration and adoption as outlined and specified by state law and shall be adopted by the Council only after having met hearing and other requirements imposed by state law. It shall be the duty of the Mayor to see that the City's budgetary and accounting procedures are in conformity with State law.

11-5-3. Claims Against City. All claims made against the City shall be presented to the City Council for its consideration. No claim shall be paid until it shall first have been approved by the City Council. Claims and payments may be approved in advance if they are claims and payments for the ordinary day to day functioning and activities of the City.

11-5-4. Action On Claims. Claims made against the City may be rejected or accepted in whole or in part by the City Council. Such claims may be referred to the carrier of any liability or other insurance which is held by the City for acceptance, compromise, or rejection as the carrier shall deem proper. Any claim which is not submitted within the time required by State law shall be rejected by the City Council.

11-5-5. Officers Not to Advocate Claims. No officer of the City shall present any claim, amount, or demand made by any other person nor in any way advocate the relief asked in the claim or demand.

Chapter 6 -- PURCHASE ORDER SYSTEM

Section 11-6-1. System Established Section 11-6-2. Goals and Objectives Section 11-6-3. Administration Section 11-6-4. Roles of City Officials, Officers and Employees Section 11-6-5. Penalty

11-6-1. System Established. Pursuant to Section 10-7-20, 10-8-2 and other pertinent provisions of the laws of the State of Utah, there is hereby adopted and established a purchasing system for the Parowan City Corporation, which shall be based upon the following principles.

11-6-2. Goals and Objectives. The goal of this Ordinance is to permit the acquisition of equipment, supplies and services through a centralized purchasing system. This system is established to provide cooperative service to all City Departments, and to ensure that goods and services purchased are of the highest quality at minimum cost to the City.

The primary objectives of this ordinance are as follows:

A. To centralize the purchasing function under a single authority in order to expedite the purchasing process.

B. To most effectively manage and provide the necessary budgetary constraints on purchases and to comply with legal controls imposed upon Utah Cities and Towns by the State Legislature.

C. To provide for the establishment of uniform policies and procedures through which all City employees shall follow for the acquisition of all required goods and services.

D. To provide for receipt and inspection of goods and services purchased with City funds.

11-6-3. Administration. The City Manager or his designee shall administer the purchasing system provided by this article. He shall perform the duties, or delegate the same, and have powers concerning purchasing matters as follows:

A. Establish policies and procedures to implement the purchasing system under the framework of this Ordinance and to interpret its provisions.

B. Administer and maintain the purchasing system and other rules and regulations established by this Ordinance and its authority.

C. Prescribe and see to the maintenance of such forms as are necessary to implement this Ordinance and related policies and procedures.

D. Provide for the maintenance of a vendors catalog file and other records needed for the efficient operation of the purchasing system.

E. Determine if competitive bidding is feasible, necessary or desirable to acquire supplies, equipment and contractual services.

F. Seek to obtain as full and open competition as possible on all purchases.

G. Negotiate and recommend execution of contracts for the purchase of supplies, equipment and contractual services.

H. Transfer surplus, unused, or under used supplies and equipment between departments as needed.

11-6-4. Roles of City Officials, Officers and Employees.

1) The City Manager shall be responsible for receiving all reports of, or requests for, expenditures of City funds. The City Manager shall have authority to authorize purchase orders for the expenditure of City funds in an amount not to exceed $1,200.00 without approval from the City Council. The City Manager, with the approval of at least one City Council member, shall have authority to authorize purchase orders or the expenditure of City funds in an amount not to exceed $2,500.00 without approval of the City Council, unless same is based on an emergency basis which shall substantially impact the City. Any authorization for an expenditure greater than that amount shall be given in advance by the Parowan City Council at its next meeting.

2) All Parowan City Department Heads shall be responsible for purchases in their respective departments. No purchases will be made by any City employee without first obtaining the approval of their Department Head and the issuance of an authorized Purchase Order. Persons not regularly employed by Parowan City Corporation for at least 32 hours per week shall not have authority to purchase goods and services without specific authorization from the City Manager.

3) No expenditures shall be made without verification that the City has sufficient funds to pay for the proposed expenditure.

11-6-5. Penalty. Any City employee, officer, or elected official of Parowan City who knowingly and intentionally fails to follow the rules and regulations formulated under this Title for the operation of the Purchase Order System in Parowan City shall be subject to the most stern disciplinary measures provided under the Parowan City personnel manual or under applicable Utah State Code.

Any person who uses the Purchase Order System for his own gain or who knowingly and willfully refuses to abide by the Purchase Order System for his own gain, either by failing to do the acts required herein or doing any act prohibited herein, shall be guilty of a Class B misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine not to exceed $1,500, by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.

Chapter 7 -- CAMPAIGN FINANCE DISCLOSURE REQUIREMENTS

Section 11-7-1. General Section 11-7-2. Definitions Section 11-7-3. Filing of Disclosure Reports Section 11-7-4. Time of Filing Section 11-7-5. Penalty for Noncompliance Section 11-7-6. Effective Date

11-7-1. General. All candidates for elective office shall comply with the campaign finance disclosure requirements as set forth in this Chapter.

11-7-2. Definitions. The following definitions shall be applicable to this Chapter:

"Candidate" shall mean any person who files a declaration of candidacy for a public office of the City; or receives contributions or makes expenditures or consents to another person receiving contributions or making expenditures to bring about such person's nomination or election to public office.

"Contribution" shall mean monetary and non-monetary contributions such as in-kind contributions and contributions of tangible things but shall not include personal services provided without compensation by individuals volunteering their time on behalf of a candidate.

"Expenditure" means any disbursement made by or on behalf of candidate from contributions and receipts, or a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes.

11-7-3. Filing of Disclosure Reports. Each candidate for elective office shall file with the City Recorder dated and signed financial reports which comply with this Chapter, whether they receive any contributions or not. Forms shall be made available by the City. Other forms in substantially the same format are also acceptable.

11-7-4. Time of Filing. The reports required by this Chapter shall be filed at least seven (7) days before the general election and at least once within thirty (30) days following the final election. A candidate who is eliminated in the primary election shall file the final report within thirty (30) days of the date of the primary election.

Contents of Statement - The statements filed seven (7) days before the City's general election shall include:

A list of each contribution of more than $50.00 received by the candidate, including the name of the donor and the amount of the contribution; An aggregate total of all contributions of $50.00 or less received by the candidate; and

A list of each expenditure for political purposes made during the campaign period, including the name of the recipient and amount of expenditure.

The statements filed thirty (30) days after the elections shall include:

A list of each contribution of more than $50.00 received after the cutoff date for the statement filed seven (7) days before the election, and the name of the donor;

A total of all contributions of $50.00 or less received by the candidate after the cutoff date for the statement filed seven (7) days before the election.

A list of all expenditures for political purposes made by the candidate after the cutoff date for the statement filed seven (7) days before the election, and the recipient of each payment.

All contributions and expenditures related to the candidate's candidacy should be accounted for between the pre-election and post-election statement.

11-7-5. Penalty for Noncompliance. Any candidate who fails to comply with the provisions of this Chapter is guilty of an infraction.

11-7-6. Effective Date. This Ordinance shall become effective immediately upon passage and posting.

This entire Title 11 - Municipal Government was adopted by the City Council on 03-05-1980 (refer to Ordinance No. 80-5)

Dates of other ordinances pertaining to Municipal Government: August 8, 1949; September 24, 1937