Title 2

(a) The City Administrator shall report to and be under the direct control and supervision of the Mayor.

(b) The City Administrator shall be the Citys chief administrative officer who shall oversee all of the Citys day-to-day operations including, without limitation, directing and supervising the administration of all departments, offices, and agencies of the City, except as otherwise provided by law.

(c) All City employees, through their respective Department Heads, shall report to the City Administrator.

(d) The City Administrator shall have authority to examine and inspect the books, records, and official papers of any office, department, agency, board, or commission of the City and make investigations and require reports from all personnel.

(e) The City Administrator shall have authority to hire, discipline, suspend, or remove any City employee, except an Appointed Employee or Department Head, in accordance with the Citys adopted personnel policies. The City Administrator may make recommendations to the Mayor about hiring, disciplining, suspending, or removing an Appointed Employee or Department Head.

(f) The City Administrator may be required to attend meetings of the governing body with the right to take part in the discussion but not to vote. The City Administrator shall cause the appropriate staff members to also attend the meetings of the governing body, the Planning Commission, and the Board of Adjustments.

(g) The City Administrator shall prepare or cause to be prepared and submit the annual budget and proposal for capital improvements to the governing body; and keep the governing body advised no less than quarterly as to the financial condition and needs of the City.

(h) The City Administrator shall maintain a long range plan for the City, which will be used in draft form to formulate the annual budget and which will be finalized and presented for approval by the governing body no later than May 1 of each fiscal year. The plan shall include a mission statement, goals, and measurable objectives for each department or function. Such plan shall also take into consideration the governing bodys policy objectives for the operation of city government, ordinances, resolutions, and approved budgets. These goals and objectives will be realistically attainable and represent initiative and innovation for improvement. If additional funding is required for attainment, the amount and suggested source will be identified.

(i) The City Administrator shall facilitate the expansion of the Citys economic base by promoting commercial development in the City. This may include, without limitation, fully implementing the Citys Redevelopment Agency (RDA) and Economic Development Agency (EDA) processes.

(j) The City Administrator shall research and write, or cause to be researched and written, applications for grants to provide additional funding sources for the City.

(k) The City Administrator shall provide administrative support to the Planning Commission and City Council in planning and development issues of the City, both residential and commercial.

(l) The City Administrator shall oversee and promote the Citys public relations and communications through, without limitation, further developing and maintaining the Citys website, preparing and reviewing media releases and public announcements, and overseeing and managing City-wide special events.

(m) The City Administrator shall manage the buildings, equipment, and other physical holdings of the City to maximize the productivity of City employees and to ensure the health, safety, and welfare of the community.

(n) The City Administrator may present to the governing body any proposed adoption, repeal, or alteration of any policy, procedure, resolution, ordinance, or law.

(o) The City Administrator shall promptly notify the Mayor and the City Council of any emergency existing in the City or any department.

(p) The City Administrator shall faithfully oversee the execution and enforcement of all applicable laws, ordinances, rules, and regulations, and see that all franchises, leases, permits, contracts, licenses, and privileges granted by the City are observed.

(q) The City Administrator shall carry out the policies and programs established by the governing body and shall perform such other duties as may be required from time to time by the Pleasant View Municipal Code or by the governing body through ordinance or resolution.

2.08.010 Residence Requirement.

A. The chief of police of Pleasant View shall reside within the city limits during their continuance in office:

A. The city recorder shall give a bond to the city in the sum of five thousand dollars conditioned on the faithful performance of his duties and proper accounting of all funds coming into his hands or under his control by virtue of his office in the license department.

A. Before the first day of January of each year the city recorder must submit to the city council an assessment roll, which shall contain the names and addresses of all persons, firms, corporations or associations whom he/she deems to come within and be subject to the license provisions of this chapter or any other chapter dealing with the subject of licensing for business within the city. The assessment roll shall also include the amount proposed to be assessed against each business on the roll, and shall indicate the date on which notice was given to the prospective licensee of the amount proposed to be assessed against him.

A. The city recorder and all of his deputies shall have the following powers for the purpose of discharging the duties imposed upon them by the terms of this chapter.

A. The board shall meet twice yearly. The first meeting shall be held not later than the second Monday in January of each year and the board shall continue in session from time to time until the business of license equalization shall be disposed of, but not later than the second Monday of February of the same year.

B. The second meeting shall be held during the month of July of each year commencing not later than the first day of July, and shall continue in session from time to time until its business is disposed of, but not later than the last day of July of the same year.

C. All complaints relating to assessments made after the close of the board's business at either meeting must be presented to the board at the next semi-annual meeting, or be forever barred. (Prior code 15-2-2)

2.28.010 Primary Election System.

A. Election for mayor and council members shall be conducted according to the municipal election section of the Utah Code, reference 20A-9-404(1) and (2).

B. This ordinance provides for the candidates for mayor and council members to be nominated at a primary election if required. A primary election will be held only when the number of candidates filing for an office exceeds twice the number to be elected. The candidates nominated at the primary election plus candidates that were not required to run in the primary are to be placed on the November ballot.

C. All ordinances of this city which are inconsistent with the provision of this ordinance are hereby repealed. (Ord 95-5, 4/9/1995 prior code: Ord. 81-3 1, 1981)

2.32.010 Definitions. Unless the context requires otherwise, the terms as used in this chapter or the rules and regulations adopted pursuant to this chapter shall have the following meanings:

A. Adequate appropriation balance means sufficient fund balance which must exist in the line item appropriation of the account number against which the purchase order is to be charged.

B. Agent means purchasing agent.

C. Bidding means the procedure used to solicit quotations on price and delivery from various prospective suppliers of supplies, equipment and contractual services.

D. Budget and finance officer means the city recorder of Pleasant View City.

E. Contractual services means public works projects and other professional services such as auditing, architecture, engineering or other consulting services.

F. Estimates of requirements means forecasts of future requirements of supplies, equipment or contractual services submitted by city departments upon request of the city recorder or his designee.

G. Local bidder means a firm or individual who regularly maintains a place of business and transacts business in or maintains an inventory or merchandise for sale in, or is licensed by or pays business taxes to the city.

H. Public property means any item of real or personal property owned by the city.

I. Purchase order means official document used in committing city funds toward the purchase of supplies, equipment and contractual services.

J. Requisition means a standard form used by departments providing detailed information as to quantity, description, estimated price, recommended supplier and signature authorization for requested purchases.

K. Responsible bid means an offer, submitted by a responsible bidder to furnish supplies, equipment or contractual services in conformity with the specification, delivery terms and conditions, and other requirements included in the invitation for bids.

L. Responsible bidder means a bidder who submits a responsible bid; who has furnished, when requested, information and data to prove that his financial resources, production or service facilities, service reputation and experience are adequate to make satisfactory delivery of the supplies, equipment or contractual services on which he/she bids; and who has not violated or attempted to violate any provisions of this chapter.

M. Supplies, materials and equipment means any and all articles or things which shall be furnished to or used by any city department.

(Res 93-J, 6/22/93 prior code: Ord. 79-7, 1, 1979)

N. Recapitulation of the purchasing procedure and levels of authority for purchases at various prices.

A. The police chief shall be appointed as purchasing agent for the police department. The director of public works shall be appointed as purchasing agent for the streets, shop, sanitary sewer, storm sewer, and parks department. The water superintendent shall be appointed as purchasing agent for the water and solid waste departments. The city recorder shall be appointed as purchasing agent for all other departments. All purchasing agents shall administer the purchasing system provided by this chapter. By the provisions in this chapter and by other applicable laws, the agents shall perform the duties and have powers concerning purchasing matters as follows:

1. Administer and maintain the purchasing system and other rules and regulations established by this chapter and its authority;

2. Recommend to the city such new or revised purchasing rules and regulations as are deemed desirable and in conformance with other statutory requirements, and to interpret the provisions of this chapter and applicable statutes;

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

4. Seek to obtain as full an open competition as possible on all purchases;

5. Keep informed of current developments in the field of purchasing, i.e., prices, market conditions, new products, etc.;

6. Prescribe and maintain such forms as are reasonably necessary to the operation of this chapter and other rules and regulations;

7. Supervise the inspection of all supplies and equipment to assure conformance with specifications;

8. Transfer surplus or unused supplies and equipment between departments as needed;

9. Maintaining a bidders' list, vendors catalog file and other records needed for the efficient operation of the purchasing system;

10. Authorize purchases and payments of all goods, supplies and contractual services needed by the city and any agency or department which derives its support wholly or in part from the city.

(Ord 2004-8, dated 7/13/04, Ord 97-11, 6/10/97 and Res 93-J, 6/22/93 and Res 94-B, 1/25/94 prior code: Ord. 79-7 1, 1979)

B. Unauthorized Purchases. Except as provided in this chapter, it shall be unlawful for any city officer or officers or employees to order the purchase of any supplies or make any contract within the purview of this chapter other than through or with the tentative approval of the appropriate purchasing agent (subject to final approval of the city council) and any purchase ordered or contract made contrary to the provisions of this chapter shall not receive approval by the appropriate officials, and the city shall not be bound thereby.

C. Others Powers and Duties. In addition to the purchasing authority conferred in this section and in addition to any others powers and duties conferred by this chapter, the agent shall:

1. Encourage competition: discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales;

2. Rules and regulations: establish and amend when necessary all rules and regulations authorized by this chapter and any others necessary to its operation;

3. Forms: prescribe and maintain such forms as he/she shall find reasonably necessary to the operation of this chapter;

4. Bulk purchases: exploit the possibilities of buying "in bulk" so as to take full advantage of discounts;

A. Formal Contract Procedure. Except as otherwise provided in this chapter, purchases of supplies equipment or contractual services of an estimated value greater than eight thousand dollars shall be by written contract with the lowest responsible bidder, pursuant to the procedure prescribed in this section.

1. Approval of Specifications. Prior to seeking bids for equipment or contractual services having a cost value greater than two thousand dollars, action of the city council shall be required to approve specifications and to authorize advertising for bids.

2. Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.

a. Published Notice. Notices inviting bids shall be published at least ten days before the date of the opening of the bids. Notices shall be published at least once in a newspaper of general circulation.

b. Bidder's List. Sealed bids shall be solicited from all responsible prospective suppliers whose names are on the bidder's list or who have made written request that their names be added thereto.

c. Bulletin Board. Notices advertising pending purchases shall also be posted on a public bulletin board in the city hall.

3. Bid Opening Procedure. Sealed bids shall be submitted as designated in the notice with the statement "Bid for (item)" on the envelope. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty days after bid opening.

4. Rejection of Bids. In its discretion, the city council may reject without cause any and all bids presented, and re-advertise for bids pursuant to the procedure prescribed in this subsection.

5. Award of Contracts. Except as otherwise provided in this chapter, contracts shall be awarded by the city council to the lowest responsible bidder. In determining lowest responsible bidder, in addition to price, the council shall consider

a. The ability, capacity and skill of the bidder to perform the contract or provide the service required;

b. Whether the bidder can preform the contract or provide the service promptly, or within the time specified, without delay or interference;

c. The character, integrity, reputation, judgement, experience and efficiency of the bidder;

d. The quality of performance of previous contracts or services;

e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

f. The sufficiency of the financial resources and ability of the contractor to provide the service;

g. The quality, availability and adaptability of the supplies, or contractual services to the particular use required;

h. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.

6. Award to Other than Lowest Bidder. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the purchasing agent and filed with the other papers relating to the transaction.

7. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-advertising for bids, the city council shall accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening.

8. Performance Bonds. Before entering a contract, the city council shall have the authority to require a performance bond in such an amount as it shall find reasonably necessary to protect the best interests of the city. The form and amount of the bond shall be described in the notice inviting bids.

B. Open Market Procedure. Purchases of supplies, equipment or contractual services of an estimated value in the amount less than one thousand dollars may be made by agent in the open market pursuant to the procedure prescribed in this chapter, and without observing the procedure prescribed in Section 2.32.020; provided, however, all bidding may be dispensed with for purchases of supplies, equipment or contractual service having at total estimated value of less than one thousand dollars.

1. Minimum Number of Bids. Open market purchases shall, whenever possible, be based on at least three bids (price quotations) and shall be awarded to the lowest responsible bidder.

2. Solicitation of Bids. Bids (price quotations) shall be solicited from prospective vendors by written or telephone requests.

C. Professional Service Contracts Procedure. Contracts for professional services shall be awarded at the discretion of the city council to include, but not limited to, the following services: auditing, banking, insurance, engineering, architecture, legal council.

1. Award of Contracts. Contracts shall be awarded at the discretion of the city council based on the evaluation of professional qualifications service ability, cost of service and other criteria deemed applicable by the city council.

(Res 93-J, 6/22/93 prior code: Ord. 79-7 5, 1979)

2.32.050 Competitive Bidding Requirements--Exemptions. Contracts which by their nature are not adapted to award by competitive bidding, such as contracts for items which may only be purchased from a single source, contracts for additions to and repairs and maintenance of equipment owned by the city which may be more efficiently added to, repaired or maintained by certain person or firm contract for equipment which, by reason of the training of the personnel of or an inventory of replacement owned by the city, shall not be subject to the competitive bidding requirements of this chapter.

A. Auction--Closeout, Bankruptcy Sales. If the agent determined that supplies, materials or equipment can be purchased at any public auction, closeout sale bankruptcy sale or other similar sale, and if a majority of the city council at a regular or special meeting concurs in such determination and makes a finding that a purchase at any such auction or sale will be made at a cost below the market cost in the community, contract or contracts may be let, or the purchase made without complying with the competitive bidding requirements of this chapter.

B. Exchanges. Exchanges of supplies, material or equipment between the city and any other public agency which are not by sale or auction shall be by mutual agreement of the respective public agencies.

C. Emergency Purchases. In case of apparent emergency which requires immediate purchase of supplies or contractual services, the agent shall be empowered to secure by open market procedure as set forth in this chapter, at the lowest obtainable price, any supplies or contractual services regardless of amount of the expenditure. A full report of the circumstances of an emergency purchase shall be filed with the city council. In case of actual emergency and with the consent of the appropriate agent, the head of any department may purchase directly any supplies whose immediate procurement is essential to prevent delays in the work of the department which may vitally affect the life, health or convenience of any employee or citizen of the city. The head of the department shall send to the agent a full written report of the circumstances of the emergency. The report shall be filed with the council as provided in this subsection.

A. The sale of any such property at public auction if it deems such a sale desirable and in the best interest of the city; or

A. The budget and finance officer shall enjoy and exercise the powers conferred upon him by the Uniform Fiscal Procedures Act for Utah Cities, as amended, 1979, which includes the authority to recommend to the City Council an annual budget fixing and limiting the various funds and amounts which the agent may utilize or draw upon to make the expenditures authorized by this chapter, and shall require all such expenditures to conform to the budget. In the absence of the agent, the mayor shall be empowered to exercise all of the powers delegated to the agent by this chapter.

B. The recorder and finance officer is authorized to approve employee benefit checks, i.e. tax withholdings, FICA, retirement, medical insurance etc., and payroll checks prepared for an authorized city employee hired in accordance with personnel policies established by city ordinance or resolution. The amount paid to any such authorized employee shall also be in agreement to a specific salary assigned to such employee pursuant to a salary schedule adopted by the governing body or a salary amount assigned by resolution of the city council.

C. The city council shall approve all other verified claims by the city recorder.

D. The city recorder shall pre-audit all claims pursuant to state statue requirements and shall not disburse any payments without appropriate approval.

A. Purchases of supplies or equipment for the personal use of an official or employee of the city shall be made only when the item or items are required parts of a worker's equipment and are necessary to the successful performance of the duties of such city official or employee. Other personal purchases shall not be permitted and will be cause for disciplinary action.

1, Exception to personal purchases: Personal purchases can be made by city employees in order to receive a government rate. Payments of such purchases will be the personal responsibility of the employee. (Res 97-B, 1/31/97)

A. Conflicts of Interest. No member of the city council, or a city employee may be interested directly or indirectly in any contract entered into by the city. A violation of this provision shall be cause for removal or other disciplinary action.

B. Collusion Among Bidders. Any agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition, by agreement to bid a fixed price, or otherwise, shall render the bids of such bidders void.

C. Advance Disclosures. Any disclosure in advance of the opening of bids whether in response to advertising or an informal request for bids, made or permitted by a member of the city council or a city employee shall render void the advertisement or request for bids.

D. Gratuities. The acceptance of any gratuity in the form of cash, merchandise or any other thing of value by an official or employee of the city from any vendor or contractor, or prospective vendor or contractor, shall be deemed to be a violation of this chapter and shall be cause for removal or other disciplinary action.

A. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may appeal to the purchasing agent. Any appeal shall be submitted in writing within five working days after the aggrieved person knows or should have known of the facts.

B. The purchasing agent shall promptly issue a written decision regarding any appeal, if it is not settled by a mutual agreement. The decision shall state the reasons for the action taken and inform the protestor, contractor, or prospective contractor, of the right to appeal to the governing board of the city.

C. The district's governing board shall be the final appeal on the district level.

D. All further appeals shall be handled as provided in section 63-56-58 through 64 of the Utah Code. (Res 93-J, 6/22/93)