Chapter 13.05 PUBLIC WORKS ADMINISTRATION AND GENERAL PROVISIONS

There is hereby created an Eagle Mountain public works department which shall be managed as provided in this chapter. [Ord. O-01-2004 § 1 (Exh. A § 1.1); Ord. 99-27 § 1 (Exh. A § 1.01); Ord. 002 § 1 (Exh. A § 1.01)].

13.05.020 Fund accounting.

The administration of collections, accounting and billing for each of the utilities established herein shall be in conformity with the Uniform Fiscal Procedures Act. The city treasurer shall keep separate enterprise fund accounting for each division as prescribed by the Eagle Mountain city council and other legal requirements and shall furnish all reports required by the council and the advisory board. [Ord. O-01-2004 § 1 (Exh. A § 1.2); Ord. 99-27 § 1 (Exh. A § 1.02); Ord. 002 § 1 (Exh. A § 1.02)].

13.05.030 Funds – Collections – Applications.

The treasurer shall account for all moneys received in conformity with the Uniform Fiscal Procedures Act. [Ord. O-01-2004 § 1 (Exh. A § 1.3); Ord. 99-27 § 1 (Exh. A § 1.03); Ord. 002 § 1 (Exh. A § 1.03)].

13.05.040 Appointment of director and employees of the public works department.

The mayor of Eagle Mountain City shall appoint a public works director and the city shall employ such other employees as required and necessary for the operation and maintenance of the utilities. [Ord. O-01-2004 § 1 (Exh. A § 1.4); Ord. 99-27 § 1 (Exh. A § 1.04); Ord. 002 § 1 (Exh. A § 1.04)].

13.05.050 Duties of director.

The director shall be responsible for the Eagle Mountain public works department and all the divisions within said department. The director shall effectively manage the department and shall supervise the directors employed to manage the divisions. Periodically, or as requested, the director shall report to the city manager and Eagle Mountain mayor and city council. [Ord. O-21-2024 § 2 (Exh. A); Ord. O-01-2004 § 1 (Exh. A § 1.5); Ord. 99-27 § 1 (Exh. A § 1.05); Ord. 002 § 1 (Exh. A § 1.05)].

13.05.060 Membership – Appointments – Terms of office.

The Eagle Mountain City public works advisory board is hereby authorized and shall consist of five members appointed by the mayor with the consent of the city council for terms of four years. Initial members of the board shall be appointed to stagger the initial terms of office on the board as follows: one member to a one-year term, two members to a two-year term and two members to a four-year term of office. Notwithstanding the automatic expiration of a board member’s term of office, a board member will continue to serve in office until a successor is appointed. Board members may be appointed to successive terms on the board. Except for three members of the initial board appointed to terms of less than four years, all board members shall serve full terms unless a member of the board voluntarily resigns or is removed by the mayor and city council based on disqualification under EMMC 13.05.068 or for malfeasance or nonfeasance of duty. Board members shall hold no other elected or appointed office in the city nor be an employee of the city, nor an agent or employee of development applicants in the city, and must be residents of Eagle Mountain City. Board members shall be selected to fairly represent various population areas of the city and shall be selected on the basis of education and experience with engineering or construction of public works and/or the ability to analyze and understand financial issues concerning public works and facilities. Applications for appointment to the board shall be in writing, including a resume of the applicant’s profession, employment, education and experience. [Ord. O-30-2008 § 2].

13.05.061 Vacancies.

Vacancies occurring other than by expiration of term shall be filled by appointment by the mayor, with the consent of the city council for the unexpired term and shall be filled in the same manner as original appointments. A member may be removed with or without cause by the mayor with the consent of the city council. [Ord. O-30-2008 § 2].

13.05.062 Service without pay.

The members of the board shall serve without pay but may be reimbursed by the city for reasonable expenses incurred in performing their duties at the sole discretion of the mayor and city council. [Ord. O-30-2008 § 2].

13.05.063 Officers of the public works advisory board.

The board shall elect its own chair, vice chair, secretary, and any other officers deemed necessary, to serve for a period of not to exceed one year. [Ord. O-30-2008 § 2].

13.05.064 Authority of the board – Duties and powers.

A. City staff shall serve as staff to the board. All such policies, upon recommendation for approval by the board, shall be referred to the city council for consideration. No policy or action recommended by the board shall be final or effective until approved by the city council.

B. The board may initiate, provide, and recommend to the mayor and city council, from time to time, evaluations or plans for the acquisition, construction, equipping, programming, financing, and regulation of public works and utilities owned by the city.

C. Any agreement, understanding or arrangement by the board which would or may have the effect of being legally binding upon the city must first be approved by the city council. The board shall have no jurisdiction or authority to enter into any contract or to incur any obligation or expense which is binding upon the city; or give direction to staff concerning the operation of, design of or response to requirements for city public works, utilities or city administrative management and functions. [Ord. O-30-2008 § 2].

13.05.065 Rules and regulations.

The board shall make and revise, when necessary, rules and regulations for its organization and subcommittees, if any, and procedures; provided, that all rules and regulations shall be consistent with the ordinances of the city and the laws of the state of Utah, and shall be approved by the city council. [Ord. O-30-2008 § 2].

13.05.066 Meetings.

Meetings of the board shall be held at the request of the city council at such times and at such places as shall be determined by the rules and regulations of the board but no less than on a quarterly basis. [Ord. O-30-2008 § 2].

13.05.067 Records to be kept – Annual report.

The board shall keep records of meetings and activities and shall make an annual report which shall be printed in the annual municipal report and/or other public forum acceptable to the mayor and city council. [Ord. O-30-2008 § 2].

13.05.068 Disqualification.

The board may, by a majority vote, recommend removal of a member to the city council by a majority vote of the board, for any reason, including:

A. Failure to attend more than 25 percent of the board’s scheduled meetings during any 12-month period without having been excused in advance from attendance at board meetings by the chair of the board.

B. A member’s office automatically becomes vacant if the member establishes residence outside of the city, or lives outside of city boundaries for a continuous period of more than 60 days. [Ord. O-30-2008 § 2].

13.05.070 Public works board – Duties and powers.

Repealed by Ord. O-30-2008. [Ord. O-01-2004 § 1 (Exh. A § 1.7); Ord. 99-27 § 1 (Exh. A § 1.07); Ord. 002 § 1 (Exh. A § 1.07)].

13.05.080 Public works board – Terms – Vacancies – Removal.

Repealed by Ord. O-30-2008. [Ord. O-01-2004 § 1 (Exh. A § 1.8); Ord. 99-27 § 1 (Exh. A § 1.08); Ord. 002 § 1 (Exh. A § 1.08)].

13.05.090 Public works board – Rules.

Repealed by Ord. O-30-2008. [Ord. O-01-2004 § 1 (Exh. A § 1.9); Ord. 99-27 § 1 (Exh. A § 1.09); Ord. 002 § 1 (Exh. A § 1.09)].

Article II. Utility Connections and General Provisions

13.05.100 Connection to Eagle Mountain utilities required.

All new residential, commercial, and public buildings shall be connected to the utilities made available by the city, but only after payment of all required fees and charges as enacted by the city council. [Ord. O-01-2004 § 1 (Exh. A § 1.10); Ord. 99-27 § 1 (Exh. A § 1.10); Ord. 002 § 1 (Exh. A § 1.10)].

13.05.110 Condition of plat approval.

A subdivision plat shall not be granted preliminary approval by the city council unless engineering drawings showing extension of all utilities and connection to all city utility facilities are provided in the manner and form required by the city and are approved by the department director. [Ord. O-01-2004 § 1 (Exh. A § 1.11); Ord. 99-27 § 1 (Exh. A § 1.11); Ord. 002 § 1 (Exh. A § 1.11)].

13.05.120 Vicious animals.

The mayor, city manager, or department director may, upon written notice to the resident, owner or the landlord of any property connected to municipal utilities, discontinue service where meters for services cannot be read because of threats of harm to the city employees caused by one or more vicious animals. [Ord. O-21-2024 § 2 (Exh. A); Ord. O-01-2004 § 1 (Exh. A § 1.12); Ord. 99-27 § 1 (Exh. A § 1.12); Ord. 002 § 1 (Exh. A § 1.12)].

13.05.130 Tree trimming.

City crews or subcontractors shall have the right to enter and trim trees, shrubs, or bushes that interfere with or may interfere with the utilities, telecommunication or cable TV system at the discretion of the city after notice to the resident. [Ord. O-01-2004 § 1 (Exh. A § 1.13); Ord. 99-27 § 1 (Exh. A § 1.13); Ord. 002 § 1 (Exh. A § 1.13)].

13.05.140 Discontinuing service for failure to pay.

The director may discontinue service of any utility service provided by the city when the recipient of such service has failed to pay for service within the time and under the terms provided by the city treasurer and this title. [Ord. O-01-2004 § 1 (Exh. A § 1.14); Ord. 99-27 § 1 (Exh. A § 1.14); Ord. 002 § 1 (Exh. A § 1.14)].

13.05.150 Violation – Penalty.

This title contains penalties for violations of this title which shall be punishable by a fine not to exceed the maximum Class B misdemeanor fine allowed by law or by a term of imprisonment up to six months or by both the fine and term of imprisonment. [Ord. O-01-2004 § 2; Ord. 99-27 § 2; Ord. 002 § 2; Ord. 99-25 § 3].