Chapter 2-4 CITY COUNCIL

(1) The City Council shall hold regular meetings on the first and third Tuesday in each month; provided, that when any national, state, or local holiday or election occurs on any said first or third Tuesday, the regular meeting shall be held as scheduled, cancelled or rescheduled as directed by the Mayor. In no case shall any less than one (1) meeting per month be held in accordance with Section 10-3-502, Utah Code Annotated 1953. Said regular meeting shall be held at the City Offices, 50 South Main Street, Springville, Utah. The hour of said meeting shall be at 7:00 p.m.

(2) Other meetings of the City Council may be scheduled as directed by the Mayor for discussion or presentation purposes and may include, but are not limited to, work/study meetings and retreats. These meetings must comply with the Open and Public Meetings Act, Title 52, Chapter 4, Utah Code Annotated 1953. However, the City Council shall make no final decision or any action on any matter in such aforesaid meeting.

(3) If at any time the business of the City requires a special or emergency meeting of the City Council, such meeting may be ordered by the Mayor or any two (2) members of the Council. The order shall be entered in the minutes of the 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, verbally, or electronically. The personal appearance by a member of the governing body at any specially called meeting constitutes a waiver of the notice required in this section.

(Statutory Authority UCA 10-3-502; 1968 Code 10-10-4 as amended by Ordinance No. 6-73, 1-10-5, 28-02; amended in codification 1979; 1979 Code 2-4-2; Ord. No. 25-2008, 12/16/08; Ord. No. 17-2016 § 1, 07/05/2016; Ord. No. 07-2020 § 1, 4/1/2020)

2-4-103 Quorum.

No action of the City Council shall be official nor of any effect except when a quorum of the members are present. Fewer than a quorum may adjourn from time to time. Three (3) members of the City Council are necssary to constitute a quorum. The City Council shall have the power to compel the attendance of its own members and provide such penalties as it deems necessary for the failure to comply therewith.

(Statutory Authority UCA 10-3-503 to 505; 1968 Code 1-10-6; amended in codification 1979; 1979 Code 2-4-3)

2-4-104 Voting.

(1) The minimum number of affirmative votes required to pass any ordinance, resolution, or to take any other action by the City Council, unless otherwise prescribed by law, shall be a majority of the members present but shall never be less than three affirmative votes.

(2) Any ordinance, resolution, or motion of the 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 those present.

(3) A majority of the members of the City Council, regardless of number, may fill any vacancy in the Council.

(4) 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 governing body, by a yes or no vote and shall be recorded. Every resolution or ordinance shall be in writing before the vote is taken.

(5) The Mayor shall not vote, except in case of a tie vote of the Council.

(Statutory Authority UCA 10-3-506, 10-3-507, 10-3-402; 1968 Code 1-10-3; amended in codification 1979; 1979 Code 2-4-4)

2-4-105 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 the members present at the meeting when the action was originally approved.

(Statutory Authority UCA 10-3-508; 1968 Code 1-10-5; amended in codification 1979; 1979 Code 2-4-5)

2-4-106 Open Meetings.

Except as otherwise provided in this Chapter or by law, all meetings of the City Council shall be open and public. No ordinance, resolution, rule, regulation, contract or other action of the City Council shall have any effect unless passed or approved at a properly held open and public meeting.

(Statutory Authority UCA 10-3-601; added in codification 1979; 1979 Code 2-4-6)

2-4-107 Executive Sessions.

The City Council may hold executive sessions to discuss any matter affecting the City where public discussion may unduly prejudice or injure any individual or the operation or conduct of the City. However, the City Council shall make no final decision on any matter in the executive session, and any action so taken shall be without effect.

(Statutory Authority UCA 10-3-602; added in codification 1979; 1979 Code 2-4-7)

2-4-108 Rules of Procedure.

Except as otherwise provided by law, the City Council may establish its own rules of procedure for the proper conduct of its meetings. The City Council may fine or expel any member for disorderly conduct on a two-thirds vote of the members of the City Council. This Section, or any action taken by the City Council pursuant hereto, shall not preclude prosecution under any other provision of law.

(Statutory Authority UCA 10-3-606 to 10-3-608; 1968 Code 1-10-7; amended in codification 1979; 1979 Code 2-4-8)

2-4-109 Committee Reports.

Final action on any report of any committee appointed by the City Council shall be deferred to the next regular meeting of the City Council on the request of any two members, provided, however, that the Council may call a special meeting to consider such final action.

(Statutory Authority UCA 10-3-609; 1968 Code 1-10-8; amended in codification 1979; 1979 Code 2-4-9)

2-4-110 Record of Proceedings.

The City Council shall keep a journal of its proceedings. The books, records, accounts and documents of the City shall be kept at the office of the Recorder, and approved copies shall be open and available for public inspection and copying during business hours. The Council may by resolution establish reasonable charges for providing copies of its public records to individuals, except when by law the City must provide the records to the public without cost.

(Statutory Authority UCA 10-3-603; added in codification 1979; 1979 Code 2-4-10)

2-4-111 Ordinances.

The City Council may pass all ordinances and rules, and make all regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and duties conferred by law, and such as are necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort and convenience of the City and the inhabitants thereof, and for the protection of property therein.

(Statutory Authority UCA 10-3-702; 1968 Code 1-10-3; amended in codification 1979; 1979 Code 2-4-11)

2-4-112 Elections.

The City Council shall appoint judges of election, designate the places of voting, publicly canvass the results and issue certificates of election to each person elected.

(Statutory Authority UCA 10-12-3, 20-12-4; 1968 Code 1-10-9; amended in codification 1979; 1979 Code 2-4-12)

2-4-113 Reports of Officers.

The City Council may require from every officer of the City at any time a report in detail of all transactions in his office or any matters connected therewith.

(Statutory Authority UCA 10-8-78; 1968 Code 1-10-10; 1979 Code 2-4-13)

2-4-114 Consideration of Claims.

It shall be the duty of the City Council to carefully examine all claims presented against the City.

(Statutory Authority UCA 10-7-77; 1968 Code 1-10-11; 1979 Code 2-4-14)

2-4-115 Audit of Accounts.

It shall be the duty of the City Council to annually have made, by or under the immediate direction and supervision of a competent accountant not in the employ of the City, a complete audit of the accounts of all officers having the care, management, collection or disbursement of monies belonging to the City or appropriated by law or otherwise acquired for the City’s use and benefit. Such audit shall be made in accordance with the uniform classification of accounts as provided by law. Such audit for any fiscal year shall be completed not less than six (6) calendar months after the close of such fiscal year. All audit reports so made shall be filed and preserved by the City Council, and copies thereof shall be filed with the State Auditor as required by law. Copies of such audit shall be open to inspection by any interested person wherever filed.

(Statutory Authority UCA 51-2-1 to 51-2-3; 1968 Code 1-10-12; amended in codification 1979; 1979 Code 2-4-15)

2-4-116 Budget.

On or before the dates required by law each year, the City Council shall by resolution adopt a budget for the following fiscal year.

(Statutory Authority UCA 10-10-40; 10-10-57; 1968 Code 1-10-13; 1979 Code 2-4-16; amended in codification)

2-4-117 Property Tax Levy.

Not later than the second Monday in August of each year, the City Council, at a regular meeting thereof, shall by resolution levy taxes on the real and personal property within the City made taxable by law for the various municipal purposes.

(Statutory Authority UCA 10-10-57; 1968 Code 1-10-13; 1979 Code 2-4-17)

2-4-118 Special Improvement Districts.

The City Council shall have the right to make improvements within the City, subject to the conditions established by law regulating such improvements. To defray the cost and expense of such improvements, the City Council may levy by ordinance special assessments upon property which may be affected or specially benefited by such improvements.

(Statutory Authority UCA 10-16-4; 1968 Code 1-10-15; 1979 Code 2-4-18)

2-4-119 Interlocal Cooperation.

The City Council shall have the power by resolution to enter into agreements with other cities, towns, counties or other public agencies of the state of Utah to provide for joint or cooperative action pursuant to the provisions of the Interlocal Cooperation Act, Title 11, Chapter 13, Utah Code Annotated 1953, as amended.

(Added in codification 1979; 1979 Code 2-4-19)

2-4-120 Industrial Development.

The City Council shall have the power to provide for the development of industrial facilities within the City pursuant to the provisions of the Utah Industrial Facilities Development Act, Title 11, Chapter 17, Utah Code Annotated 1953, as amended.

(Added in Codification 1979; 1979 Code 2-4-20)

2-4-121 Other Powers.

The City Council, as the legislative and governing body of the City, shall have, exercise, and discharge all the rights, powers, privileges and authority conferred by laws of Utah upon cities of the third class, including but not limited to, those powers conferred by the following:

(1) Neighborhood Development Act, Title 11, Chapter 19, Utah Code Annotated 1953, as amended;

(2) Public Transit District Act, Title 11, Chapter 20, Utah Code Annotated 1953, as amended;

(3) Sewerage Systems, Title 11, Chapter 8, Utah Code Annotated 1953, as amended;

(4) Utah Special Service District Act, Title 11, Chapter 23, Utah Code Annotated 1953, as amended; and

(5) Housing Authority, Title 55, Chapter 18, Utah Code Annotated 1953, as amended.

(Statutory Authority UCA 10-8-1 et seq.; added in codification 1979; 1979 Code 2-4-21)

CHAPTER 4CITY COUNCIL

2-4-101 Governing Body.

2-4-102 Meetings.