Chapter 2
Administration
Article I. In General
Article II. Mayor
Article III. Council
Article IV. City Recorder
Article V. City Treasurer
Article VI. City Attorney
Article VII. City Justice of the Peace
Article VIII. City Marshall
Article IX. Department of Inspections
Article X. Other Appointed Officers
66. Appointment of other officers.
Article XI. In General.
Section 2-1. Government. *1
The municipal government of the City of Grantsville is vested in a Mayor and a City Council, composed of five Councilmen, to be elected at large in the manner and for the terms provided by law. (R.O. 1955, Section 10-12.)
*1 For similar state law, see U.C.A., 1953 Section 10-6-3
Section 2-2. Legislative and governing body. *2
The mayor and council shall be the legislative and governing body of the city and as such shall have, exercise and discharge all of the rights, powers, privileges and authority conferred by law upon the city and shall perform all duties that may be required of them by law.
Section 2-4. Time of holding municipal elections; terms of office. *4
On Tuesday next following the first Monday in November of each odd-numbered year, there shall be held an election to fill all elected offices to be vacated in the city at twelve o’clock Noon on the first Monday of January following. Such elected officers shall continue in office for the term for which elected and until their respective successors are elected and qualified, unless sooner removed for cause or the office is vacated by resignation or death. The officers so elected shall enter upon their duties at twelve o’clock Noon on the first Monday in January next succeeding their election.
Such elected officers shall hold office for the term for which elected and until their respective successors are elected and qualified, unless sooner removed for cause of the office is vacated by resignation or death.
Except as otherwise provided by law, the term of office of all appointive officers shall be until the municipal election next following their appointment, unless they are sooner removed by 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.
In the year, 1969 there shall be elected a mayor and two councilmen for a term of four years and quadrennially thereafter a mayor and two councilmen for a term of four years. In the year, 1971 there shall be elected three councilmen for a term of four years, and quadrennially thereafter. (R.O. 1955, Section 10-37, 10-39.)
*4 For similar state law, see U.C.A., 1953, Section 10-6-7, 10-6-8.
Section 2-5. Appointment of judges of election; designation of voting place; conduct of elections.
In all municipal elections the council shall appoint judges of election and shall designate the places of voting. All elections must be conducted according to the general laws of the State and all notices and lists of names required to be posted by registry agents prior to any general election shall also be posted by the registry agents prior to any municipal election, the necessary changes being made as to the time of posting the same.
Section 2-6. Canvass of election results; certificates of election; tie votes.
On the Monday following any municipal election, the council must convene and publicly canvass the results and issue certificates of election to each person elected by a plurality of votes. When two or more persons have received an equal and highest number of votes for any one of the offices voted for, the tie shall be decided by lot in the presence of the mayor and city recorder upon a day designated by the mayor.
Section 2-7. Removal from city vacates office. *5
If any elective officer of the city shall at any time during his term of office remove from the limits of the city, his office shall thereby become vacant.
* 5 For similar state law, see U.C.A., 1953, Section 10-6-28.
Section 2-8. Appointment and removal of officers and deputies. *6
On or before the first Monday of February following a municipal election, the Mayor, with the advice and consent of the Council, shall appoint a qualified person, who resides in the City at the time of the appointment or within a reasonable period of time after appointment as determined by the City Council to each of the offices of City Recorder, City Treasurer, City Chief of Police. The City Recorder shall be ex-officio the City Auditor and shall perform the duties of such office. On or before the first Monday of February following a municipal election, the Mayor, with the advice and consent of the Council, shall appoint a person to the office of City Attorney and City Justice of the Peace, who need not be residents of the City, and shall create and fill such additional offices as, in their opinion, may be necessary or convenient in carrying out the governmental functions of the City.
The Mayor, with the concurrence of the Council, may appoint deputies to any appointive office, provided that elective officers shall have the sole right to appoint all their deputies and assistants, who shall be confirmed by the City Council.
If the City Recorder, City Treasurer or City Chief of Police shall at any time during the period for which such office is held, move from the limits of such City, such office shall thereby become vacant.
Section 2-9. Term of appointive officers – removal. *7
Except as otherwise provided by law, the term of office of all appointive officers in cities shall be until the municipal election next following their appointment, unless they are sooner removed by the Mayor with the concurrence of the majority of the members of the City Council, or by the City Council with the concurrence of the Mayor.
Section 2-10. Official oaths and bonds. *8
All officers, whether elected or appointed, shall before entering upon the duties of their respective office, take, subscribe, and file the constitutional oath of office (*9) and every such officer shall, before entering upon the duties of his office, execute a bond with good and sufficient sureties, payable to the city, as hereinafter provided or as may be resolution or ordinance be directed from time to time, conditioned upon the faithful performance of the duties of his office and the payment of all monies received by such officer, according to law and the ordinance of the city,. The bonds, unless otherwise directed as herein provided, shall be in the following amounts: (See current ordinance)
Mayor………………………………..
Council Member…………………….
City Recorder………………………..
Chief of Police………………………
City Treasurer……………………….
Attorney……………………………..
Justice Court Judge……………….…
Said officers shall also be entitled to all of the fringe benefits afforded other City employees and if any specified officer elects to withdraw from the State Retirement System, the same allowable percentage of said officers salary as is being contributed to retirement and or supplemental retirement programs for regular employees shall be placed into an approve State Program for said officers.
All other elective or appointive officers shall furnish a bond in the sum of $500.00 each.
Official bonds shall be approved as to form by the city attorney and shall be approved by the Council, provided, that the Mayor shall approve the bonds of the Councilmen.
Premiums charged by a corporate surety for any official bond shall be paid by the city. (R.O. 1995, Section 10-35, 10-36)
* 8 For similar state law, see U.C.A., 1953, Section 10-6-33/
* 9 For constitutional oath of office, see Utah Const. Art. IV., Section 10.
Section 2-11. Salaries. *10
The elective and appointive officers shall receive such compensation for their services as the City Council may fix by ordinance adopting compensation or compensation schedules enacted after public hearing.
Mayor……………………………………...….
Council members ……………………………..
Recorder ………………………………………
Treasurer ……………………………………...
Police Chief …………………………………..
Attorney (civil) ……………………………….
Justice Court Judge …………………………...
* 10 For State law as to salaries, see U.C.A., 1953, Section 10-6-41.
Section 2-12. Audits of officers accounts. *11
It shall be the duty of the council to have made annually by or under the immediate direction and supervision of a competent accountant, not a city officer, an audit of the accounts of all officers of the city having care, management, collection or disbursement of money belonging to the city or appropriated by law or otherwise acquired for its use and benefit. Such audit for any fiscal year shall be completed not less than six calendar months after the close of such fiscal year. Copies of all audit reports made in conformity with the provision of this section shall be filed with the state auditor’s office.
* 11 For similar state law, see U.C.A., 1953, 51-2-1 – 51-2-3.
Section 2-13. Property and books to be delivered to successor.
Every officer of the city shall within five days after notification and request, deliver to his successor on office all properties, books and effects of every description in his possession belonging to the city or appertaining to his office, and upon his refusal to do so shall be liable for all damages caused thereby and to such penalty as may be by ordinance prescribed.
* 12 For similar state law, see U.C.A., 1953 Section 10-6-37.
Section 2-14. Personal interest in contracts prohibited. *13
No officer of any municipal corporation shall be directly or indirectly interested in any contract, work or business, or in the sale of any article, the expense, price or consideration of which is paid from the treasury or by any assessment levied by any act or ordinance, or in the purchase of any real estate or any other property belonging to the corporation or which shall be held for taxes or assessments or by virtue of legal process at the suit of such corporation, its mayor or any other officer, and no officer or employee of any municipal corporation shall accept or receive, directly or indirectly, from any person, firm or corporation operating within the territorial limits of the city or town any railroad, gas works, waterworks, electric light or power plant, heating plant, telegraph line, telephone exchange, or other business using or operating under a public franchise, any frank, free ticket or free service, or accept or receive, directly or indirectly, form any such person, firm or corporation any service upon terms more favorable than is granted to the public generally. Any violation of the provisions of this section shall be a misdemeanor, and every such contract or agreement shall be void. Such prohibition of free transportation shall not apply to policemen, firemen, or health officers, nor shall any free service to any municipal officers or to municipal corporation heretofore provided for by franchise be affected by this section.
* 13 For similar state law, see U.C.A., 1953, Section 67-16-1 et. seq.
Section 2-15. Officers influencing vote – penalty. *14
Any officer of the municipality or member of its City Council who shall, by himself or agent, become a party to or in any way interested in any contract or work under the authority of the municipality, or who shall, either directly or indirectly, by himself or another accept or receive any valuable consideration or promise for his influence or vote, shall be fined in any sum not exceeding $1,000.00, one-half of which shall go to the informer and the balance shall be paid into the municipal treasury by the officer collecting or receiving the same, and any such contract shall be null and void.
*14 For similar state law, see U.C.A., 1953, Section 67-16-1 et seq.
Section 2-16. Additional duties may be prescribed by ordinance. *15.
The duties, powers and privileges of all officers in any way connected with the city government not herein defined shall be defined by the city council, and the defining by this title of the duties of the city officers shall not preclude the city council performed by any such officer.
* 15 for similar state law, see U.C.A., 1953, Section 10-6-43.
*16.Article II. Mayor
*16 As to time of election and term of Mayor see section 2-4 of this Code. As to signing licenses, see section 14-3.
Section 2-17. Chief executive officer.
The Mayor is the Chief Executive Officer of the City. He shall supervise the conduct of all city officers and employees. (R.O. 1955, Section 10-2 and 10-7)
Section 2-18. Duties generally. *17
The Mayor shall perform all duties which are or may be prescribed by law or ordinance, and shall see the laws and ordinances are faithfully executed. He shall preside at all meetings of the City Council, by shall not vote except in case of a tie, when he shall cast the deciding vote.
He may exercise within the city limits the power to suppress disorder and keep the peace.
He shall have power and authority at all times to examine and inspect the books, records and papers of any officer or agent employed by the city.
He shall from time to time give the council information concerning the affairs of the city, and shall recommend for their consideration such measures as he may deem expedient.
The Mayor shall sign all contracts, leases, bonds, and other writings on the part of the city, authorized by the City Council, or required by law, or any ordinance of this city and shall countersign all certificates of license issued by or under authority of any ordinance of the city, and all warrants on the City Treasurer for money authorized to be drawn therefrom, by the City Council or by law, except as otherwise provided by law or ordinance.
He shall appoint all committees authorized by ordinance or resolution of the City Council.
He may grant such privileges in free licenses as are authorized by ordinance. (R.O. 1955, 10-5, 10-6, 10-8, 10-9, 10-10)
Section 2-19. Appointments by Mayor. *18
The Mayor, by and with the advice and consent of the Council, may appoint all such officers and agents as may be provided by law, or ordinance, and in like manner fill all vacancies among the same, except as otherwise provided by law. (R.O. 1955, 10-11)
* 18 For similar state law, see U.C.A., 1953, Section 10-6-30.
Section 2-20. General supervision of departments; delivery of books, etc., by outgoing officer to successor. The Mayor, as Chief Executive Officer of the City, shall exercise a general supervision over all the departments of the city government. He shall see that every officer, at the expiration of his term of office, or resignation or removal from office, delivers to his successor all the books, papers, maps, plates, furniture, fixtures or other property appertaining to the office.
Section 2-21. Rewards.
The Mayor, when necessary, may offer a reward for the apprehension of offenders against the ordinances of the city, in any sum not exceeding one hundred dollars.
Section 2-22. Pardoning power; remission of fines. *19
The Mayor is authorized to grant full pardon in all cases presented under or by authority of the city for any violation of the ordinances thereof, or to remit all or any part of any fine or penalty imposed thereunder, together with the costs of prosecution. He shall report at the next regular meeting of the council the number of fines and the amounts thereof so remitted, and the number of pardons granted, giving his reason therefore. (R.O. 1955, Section 10-6.)
* 19 for similar state law see U.C.A.., 1953, Section 10-6-24.
Section 2-23. Limiting use of water. *20
In the event of scarcity of water, the Mayor may be proclamation limit the use of water for any purpose other than domestic purposes to such extent as may be required for the public good in the judgement of the Council. (R.O. 1955, Section 10-6)
* 20 For similar state law, see U.C.A., 1953, Section 10-7-12.
Section 2-24. Calling out inhabitants to aid in enforcing law. * 21
The Mayor shall have the power, when necessary, to call upon every male inhabitant of the city over the age of twenty-one years to aid in enforcing the laws and ordinances, in suppressing riots and other disorderly conduct or in carrying into effect any law or ordinance of the city. (R.O. 1955, Section 10-6)
* 21 For similar state law, see U.C.A., 1953, Section 10-6-24.
Section 2-25. Mayor pro tem. *22
In the case of the temporary absence of the Mayor from the city, or in case of his temporary inability to perform the duties of his office, it shall be his duty to communicate such fact to the members of the Council, whereupon it shall become the duty of the Council to appoint some member thereof to act as Mayor pro tem. During such time that such Councilman is so acting in the capacity of Mayor pro tem, he shall have the power to exercise all the functions and duties of the mayor. When the Mayor pro tem is presiding, his right to vote on all questions is not thereby impaired but he shall have the same right to vote as a Councilman as he would were he not presiding. (R.O. 1955, Section 10-2 and s10-3)
*22 For provisions of state law as to mayor pro tempore, see U.C.A., 1953, Section 10-6-23.
Section 2-26. Vacancy in office of Mayor. *23
Whenever a vacancy in the office of Mayor occurs, the Council shall elect a Mayor who shall serve until the municipal election and until his successor is elected and qualifies. (R.O. 1955, Section 10-4)
* 23 For similar state law, see U.C.A., 1953, Section 10-6-2
Article III. Council. *24
*24 As to time of election and terms of office of Councilmen, see Section 2-4 of this code. As to powers and duties of Council with respect to elections, see Section 2-5, 2-6. As to audits of officers; accounts, see Section 2-12.
Section 2-27. Number of Councilmen; elected at large. *25
The Council shall be composed of five Councilmen to be elected at large as provided by law and ordinance. (R.O. 1955, Section 10-12)
* 25 For state law at to number of councilmen and their election at large, see U.C.A., 1953, 10-6-3.
Section 2-28. Meetings.
The City Council shall meet on the first and third Wednesdays of each month in their chambers at 7:00 p.m. The Mayor or any two Councilmen may call special meetings by issuing a written notice to each member thereof, served personally or left at his usual place of residence, and no business shall be transacted at any special meeting except that stated in the call thereof, unless all Councilmen are present and unanimously consent thereto.
The City Council shall sit with open doors and keep a journal of their own proceedings. The yeas and nays shall be taken upon the passage of all ordinances and all propositions to create any liability against the city, and in all other cases at the request of any member, which shall be entered upon the journal of it proceedings. The concurrence of a majority of the members elected shall be necessary to the passage of any such ordinance or proposition. Where there are an even number of members the consent or concurrence of one-half of the members shall be sufficient to confirm an appointment or concur on the removal of an appointive officer.
No vote of the Council shall be reconsidered or rescinded at a special meeting, unless at such special meeting there is present as large a number of members as were present when such vote was taken.
All ordinances passed must be signed by the mayor as proof of their regular passage and they must be attested by the Recorder.
Section 2-29. Quorum. *27
A majority of the Council shall constitute a quorum to do business; but a smaller number may adjourn from time to time, and are hereby empowered to compel the attendance of absent members, and may when necessary, direct the police officers to bring in such member or members under arrest. Should any member of the Council, when notified by police officers of other proper authority that his presence is necessary to form a quorum (unless he shall present an excuse satisfactory to the Council at its next regular meeting), or should any member leave the Council when in session without the consent of the Council, when such leaving would break the quorum, he may be fined in any sum not exceeding fifty ($50.00) dollars. (R.O. 1955, Section 10-14)
*27 for similar state law, see U.C.A., 1953, Section 10-6-20.
Section 2-30. Rules; expulsion of members. *28
The Council shall determine its own rules or proceedings, may punish its members for disorderly conduct and, with the concurrence of two-thirds of the members, may expel a member for cause, but no member shall be removed for cause unless furnished with a copy of the charges against him and afforded an opportunity of being heard in his own defense. (R.O. 1955, Section 10-15)
*28 For similar state law, see U.C.A., 1953, Section 10-6-21.
Section 2-31. Vacancy in office. *29
If any vacancy occurs in the office of a Councilman, such vacancy shall be filled for the unexpired term by appointment of the Council.
* 29 For similar state law, see U.C.A., 1953, Section 10-6-22.
Section 2-32. Duties generally.
The Council shall perform all duties as are or may be prescribed by the statues of this state or by the City Ordinances and shall perform such other acts and take such other measures, not inconsistent with law, as may be necessary for the efficient government of the city.
Section 2-33. Unexpected balances and previous deficits.
All unexpected balances of appropriation shall at the end of the year revert to the general fund except appropriations made for special purposes, which balance shall not revert to the general fund until the purpose is accomplished. Any existing deficits arising through excessive expenditures of former years shall, to the extent of tem per cent of the revenue of the previous year, be deducted from the estimated revenue of the ensuing year in determining the estimated expendable revenue; provided, that if the total amount of the deficit is less than ten percent of the revenue of the previous year, then the entire amount of such deficit shall be deducted.
Section 2-34. Reduction of budget appropriation.
Any budget appropriation may be reduced by action of the Council at any regular meeting, provided notice of the proposed action shall have been given to all members of the Council at least one week in advance of such action. The requirement for notice shall not apply in cases of emergency where loss of life or great loss of property is involved.
Section 2-35. Annual tax levy.
Not later than the second Monday in August of each year the Council, at a regular meeting shall, by ordinance or resolution, levy on the real and personal property within the city made taxable by law. The levy shall not exceed the limitations that are or may hereafter be prescribed by the laws of this state. The City Recorder shall certify the ordinance or resolution making the levy to the county auditor or clerk, as the case may be, immediately after the passage of the same.
Section 2-36. Claims against city. *30
It shall be the duty of the Council to examine carefully all claims presented against the city, when properly verified, and such of them as are found to be valid obligations of the city shall be approved and ordered paid.
Article IV. City Recorder. *31
*31 As to filing and preservation of copy of bill of sale of impounded animals, see Section 4-14 of this Code. As to filing and preservation of copy of bill of sale of animal distrained for trespassing, see Section 4-33. As to filing burial and disinterment permits with City Recorder, see Section 8-12. As to licenses, see Section 14-1 to 14-33. At to special taxes for local improvements, see Section 23-1 to 23-50. As to recording final plat of subdivision, see Section 25-14. As to filing regulations relating to trailer courts, see Section 27-35. As to filing Zoning Ordinances and map with city recorder, see Section 29-60. As to fiscal procedures generally, see U.C.A., 1953, Section 10-10-23 et. seq.
Section 2-37. Office; duties generally; copies of records evidence. *32
The City Recorder shall keep their office at the place of meeting of the Council or at some other place convenient thereto, as the Council may direct. They shall keep the corporate seal and all papers, records of the city, and shall keep a record of the proceedings of the Council, whose meeting it shall be his duty to attend. He shall cause a certified copy of all ordinances passed by the City Council to be posted in three public places in the city within one week after the passage of such ordinance by the City Council, unless published as otherwise provided by law. Copies of all papers filed in his office and transcripts from all records of the council, certified by him under the corporate seal, shall be evidence in all courts as if the original were produced. (R.O. 1955, Section 10-18.)
* 32 For similar state law, see U.C.A., 1953, Section 10-10-60.
Section 2-38. Countersigning contracts. *33
The City Recorder shall countersign all contracts made on behalf of the city and every contract made on behalf of the city or to which the city is a party shall be void unless signed by the Recorder. He shall maintain a record of all contracts, properly indexed, which record shall be open to the inspection of all interested persons.(R.O. 1955, Section 10-19)
*33 For similar state law, see U.C.A., 1953, Section 10-10-61.
Section 2-39. Ex officio auditor and clerk of city court. *34
The City Recorder shall be ex officio City Auditor and Clerk of the City Court and shall the duties of such offices without extra compensation.
*34 For provisions of state law that Recorder shall be ex officio Clerk of the City Court, see U.C.A., 1953, Section 78-4-12.
Section 2-40. Orders upon Treasurer; reports to Council; accounts; claims against city. *35
The City Recorder shall draw and countersign all orders upon the treasurer in pursuance of any order or resolution of the Council and shall keep a full and accurate account thereof in books provided for that purpose. He shall make to the Council from time to time, upon its order, reports of the financial condition of the city. He shall make and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable and the rate of interest they respectively bear and recommend such action to the Council as shall secure the payment of the principal and interest of such bonds. He shall report annually, on or before the first day of June, to the Council an estimate of the expenses of the city and the revenue necessary to be raised for the current year. He shall keep regular books of account in which he shall enter all indebtedness issued by the city, the amount of all bonds, orders, certificates, or other evidence of indebtedness which have been redeemed and the amount of each outstanding. He shall keep account with all receiving and disbursing officers of the city, showing the amount, which they have disbursed under the direction of the Council. He shall examine all reports, bonds, papers, vouchers and accounts of the City Treasurer. He shall audit all claims and demands against the city before they are allowed by the Council and shall keep a record of claims presented and the action of the Council thereon. (R.O. 1955 Section 10-20)
*35 for similar state law, see U.C.A., 1953, Section 10-10-62.
Section 2-41. Limitation on warrants.
The City Recorder is forbidden to draw warrants on city funds except in accordance with and within the limits of the budget appropriations ordinance for the current year.
Section 2-42. Payment of money into city treasury.
The Recorder shall pay into the city treasury all money belonging to the city coming into his hands by virtue of his office and shall take a receipt for the same, which receipt shall be filed with other papers in the Recorder’s Office.
Section 4-43. Record of ordinances and of officers. *36
The Recorder shall record all ordinances passed by the council in a book kept for that purpose, together with affidavits of publication by the publisher or his agent, if such ordinance was published, or, if posted, with the certificate of due posting thereof. He shall also keep in a book provided for that purpose the names of persons elected or appointed to any office within the city, together with the dates on which they entered upon the duties of their respective officers and the dates of their resignation or removing therefrom. (R.O. 1995, Section 10-18.)
*36 For similar provisions of state law as to recording ordinances, see U.C.A., 1953, Section 10-6-12.
Section 2-44. Financial statements. *37
The City Recorder or other delegated person shall prepare and present to the City Council the following financial statements:
*37 For similar state law, see U.C.A., 1953, Section 10-10-71.
Section 2-45. Annual report by City Recorder. *38
Within a reasonable time after the close of each fiscal year, the City Recorder or other delegated person shall prepare in accordance with the system of uniform accounting, statements of revenues and expenditures and comparison with budgets for those funds for which budgets are required, statements of revenues and expenditures for of income and expenses, as the case may be, of all other operating funds; a balance sheet of all funds as of the close of the fiscal year, together with such other financial and statistical data as the City Council may require; provided, that this requirement may be satisfied by the report of the independent auditor on the results of operations for the year and financial condition at the close of the year, if the same be currently prepared and presented to the City Council. Copies of the annual report shall be filed as public document in the office of the City Recorder. (R.O. 1955, Section 10-21.)
*38 For similar state law, see U.C.A., 1953, Section 10-10-73.
Section 2-46. Independent annual audits required. *39
As provided for in Title 51, Chapter 2, Utah Code Annotated, 1953, independent audits are required of all municipalities.
*39 For similar state law, see U.C.A., 1953, Section 10-10-74 and Section 51-2-2.
Section 4-47. Statement of financial condition – Publication in newspaper in city. *40
The City Recorder, shall prepare and publish, on or before the first Monday in October of each year, in some newspaper having general circulation in the city, a detailed statement of the financial condition of the city, and of all the revenues and expenditures for the previous year.
*40 For similar state law, see U.C.A., 1953, Section 10-10-75.
*41Article V. City Treasurer.
*41 As to duty to procure burial permit from city treasurer see Section 8-5 of this Code. As to sale of lots in cemetery, see Section 8-7. As to collection of charges for service rendered in cemetery, see Section 8-8. As to special taxes for local improvements, see Section 23-1 to 23-50.
Section 2-48. Receiving city money; settlements with Recorder. *42
The City Treasurer shall receive all money payable to the city, including all taxes, licenses and fines, and keep an accurate and detailed account thereof. He shall collect special taxes and assessments as provided by law and ordinance. He shall keep all money belonging to the city separate and distinct from his won money. He shall make a settlement with the Recorder as the Council may direct at the end of every month and shall turn over all warrants, interest coupons, bonds or other evidence on indebtedness of the city which may have been redeemed by him during the month, taking the receipts of the recorder therefore. All such warrants, orders or other evidence of indebtedness shall be cancelled by him and have written or stamped thereon the date of their payment or redemption. (R.O. 1955, Section 10-22.)
*42 For similar state law, see U.C.A., 1953 Sections 10-10-64 and 10-10-69.
Section 2-49. Payments.
The City Treasurer shall pay no money out save upon lawful warrant, except bonds and interest coupons, which, when due, may be paid upon presentation, or in case the same are payable at some other place, then the money for their redemption shall be sent to the place where they are payable, in time to meet such payment when due. (R.O. 1955, Section 10-23.)
Section 2-50. Order of payment of warrants. *43
All warrants shall be paid in the order in which they are presented, and the Treasurer shall note upon the back of each warrant presented to him the date of presentation and, when payment is made, the date of payment; provided, that any warrant shall be paid by the Treasurer when a sufficient amount of money shall remain in the treasury to pay all warrants issued previous to such warrant. ( R.O. 1955, Section 10-24.)
*43 For similar state law, see U.C.A., 1953, Section 10-10-65.
Section 2-51. Receipts for money paid into treasury. *44
The City Treasurer shall give every person paying money into the City Treasury a receipt therefore, specifying the date of payment and upon what account paid. The Treasurer shall file the duplicate of such receipt with the recorder. (R.O. Section 10-25.)
*44 For similar state law, see U.C.A., 1953, Section 10-10-65.
Section 2-52. Accounts; financial reports.
The City Treasures shall keep in suitable books a full account of all receipts and expenditures and prepare as often as required by the Council a statement giving a full and detailed account of all receipts and expenditures since his last report, with the amount on hand. On or before the first Monday in February of each yearn he shall present to the Council a full report of his receipts and expenditures for the preceding year with vouchers for all sums disbursed by him. He shall also keep a registry of all warrants redeemed and paid during the year, describing such warrants, their date, amount, number, fund from which paid and the person to whom paid, specifying also the time of payment. All such warrants shall be examined by the Council at the time of making such report. (R.O. 1955, Section 10-26.)
Article VI. City Attorney
Section 2-55. Duties.
The City Attorney shall act as legal advisor of the city in all matters pertaining to contracts with or by the city or any question of legality arising out of law or ordinance or otherwise. He shall prosecute and defend all actions in behalf of the city or any officers thereof within any of the estates, rights, privileges, ordinances, acts or orders of the council which may be brought in question before the court. He may take appeals, sue out writs of error or certiorari, by and with the approval of the Mayor, when same in the appellate court. He shall do and perform all other duties incident to his office that may be necessary for the interest of the city or that may be required of knowledge of the violation of any provision of this code or upon receiving reliable information of any violation, he shall institute the necessary steps to bring the offender to punishment.
*46Article VII. City Justice of the Peace.
*46 for jurisdiction and powers, see U.C.A., 1953, Section 78-5-1. For powers in small claim court, see U.C.A., 1953, Section 78-6-1. Also see U.C.A., 1953, Section 77-56-28, 77-56-52; and Rules 1-85 rules of Civil procedure.
Section 2-56. Appointment. *47
On or before the first Monday in February following a municipal election there shall be appointed by the Mayor, subject to confirmation by the City Council, A City Justice of Peace. (R.O. 1955, Section 10-8.)
Section 2-57. Vacancy and disqualification.
If a vacancy shall occur in the office of City Justice of the Peace, or the justice be disqualified to perform the duties of his office, or shall be absent, the Mayor, subject to confirmation by the City Council, shall appoint some other Justice of the Peace pro tempore or for the unexpired term as provided by section 10-6-74, Utah code annotated, 1953 and the Justice so appointed shall have the powers as provided by said section. (R.O. 1955, Section 10-29.)
Section 2-58. Duties.
He shall perform the duties required of him by law and by the ordinances of Grantsville City and shall have all powers conferred upon him by the State of Utah. (R.O. 1955, Section 10-30.)
Section 2-59. Report.
He shall report to the City Council from time to time as they shall direct, the number of cases brought before him on behalf of the city, the amount of fines levied, the amount collected and such other pertinent facts as may be required by the Council. He shall on or before the last day of each month, pay into the treasury all moneys received by him for fines, or otherwise belonging to the city, taking therefore the Treasurer’s receipts, which he shall file with the Recorder. (R.O. 1955, Section 10-31.)
Article VIII. City Marshal
Section 2-60. Appointment. *48
On or before the first Monday in February following a municipal election there shall be appointed by the Mayor, subject to confirmation by the City Council, a City Marshal, who shall be Chief Of Police, who shall perform the duties required of him by law the ordinances of the city, and State of Utah, and such other duties as the City Council may be resolution require. (R.O. 1955, Section 10-32.)
*48 For similar state law, see U.C.A., 1953, Section 10-6-30.
*49Article IX. Department of Inspections
*49 As to street excavations see Section 24-25 to 24-38 of this Code.
Section 2-61. Department established.
There is hereby established a department of inspections in the administrative service of the city.
Section 2-62. Organization and staff; responsibilities of supervisor.
The department of inspections shall be organized and shall be staffed by the supervisor of the inspections department, a Building Inspector, A Clerk and such other assistant inspectors and assistant clerks as may be provided by the Mayor and Council. The supervisor of the inspection department shall be responsible for the inspections of all electrical installations, plumbing installations, gas installations and sewer installations.
Section 2-63. Authority and jurisdiction of department. * 50
The Department of Inspections, under the direction of the Mayor and Council, shall have in its charge the issuance of all permits pertaining to the erection of buildings, plumbing installations, electrical installations, gas installations and sign construction. It shall also be responsible for the issuance of all business licenses, sewer connection permits and water connection permits.
The department of inspection shall have jurisdiction and authority and it shall be its duty to administer and enforce:
*50 As to enforcement of Zoning Ordinances, see also Section 29-26 of this Code.
*51 As to assignment of house numbers by city recorder, see Section 5-4 of this Code.
Section 2-64. Transfer of duties and authority formerly vested in other officers.
All of the duties and authority heretofore vested in any City Officer with respect to the administration of the ordinances enumerated in the next preceding section are hereby transferred to and vested in the supervisor of the inspections department, and any other officer heretofore vested with authority or duties with respect to the same are hereby relieved of his authority and obligations in the premises. In any of the ordinances aforesaid, whenever reference is made to any other city office, such ordinances shall, hereafter, be deemed to refer to the supervisor of the inspections department.
Section 2-65. Police power of inspectors.
In all matters pertaining to the discharge of the duties assigned to them, the inspectors of the department of inspections shall have and exercise the powers and authority of police officers.
Article X. Other Appointed Officers.
Section 2-66. Appointment of other officers. *52
The city council may appoint such other officers as may be necessary for the order and well being of the city, define their duties, fix their term and compensation, remove them from office at pleasure and require them to take and subscribe on oath and give bond as they shall provide by resolution or ordinance. (R.O. 1955, Section 10-34.)
*52. See U.C.A., 1953, Sections 10-6-30 and 10-6-32.
Section 2-67. Disposition of a significant parcels of
real property- definition and notice. (amended 3/05)