Upon the adoption by the city council, this city code is hereby declared to be and shall hereafter constitute the official city code of Nibley. This city code of ordinances shall be known and cited as the NIBLEY CITY CODE and is hereby published by authority of the city council and shall be supplemented to incorporate the most recent legislation of the city as provided in NCC 1.02.030. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this city code by title in any legal documents.

The city code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in administrative tribunals of this state as the ordinances of the city of general and permanent effect, except the excluded ordinances enumerated in NCC 1.04.010.

Any ordinance amending the city code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this city code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers, and the said ordinance material shall be prepared for insertion in its proper place in each copy of this city code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the city code.

It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this city code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the city council. The city recorder shall see that the replacement pages are properly inserted in the official copies maintained in the office of the city recorder. Any person having custody of a copy of the city code shall make every effort to maintain said code current as to the most recent ordinances passed. Such person shall see to the immediate insertion of new or replacement pages when such are delivered or made available to such person through the office of the city recorder. Said code books, while in actual possession of officials and other interested persons, shall be and remain the property of the city and shall be returned to the office of the city recorder when directed so to do by order of the city council.

Any reference or citation to any statute shall not be interpreted or construed to include, incorporate or make the citation or statute part of this code unless the provisions of this code specifically include, incorporate or make the citation or statute part of this code by reference or incorporation, and any such reference or citation not specifically included or incorporated may be changed, amended or deleted without publication on an order of the city council.

1. Repealer; Exceptions: All general ordinances of the city passed prior to the adoption of this city code are hereby repealed, except such as are included in this city code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; fee ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the city; and all special ordinances.
   
2. Effect Of Repealing Ordinances: The repeal of the ordinances provided in subsection A of this section shall not affect any debt or fee which is accrued, any duty imposed, any penalty incurred, nor any action or proceedings commenced under or by virtue of the ordinances repealed or the term of office of any person holding office at the time these ordinances take effect; nor shall the repeal of any ordinance have the effect of reviving any ordinance heretofore repealed or superseded.
   

No ordinance relating to railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this city code or by virtue of the preceding section, excepting as the city code may contain provisions for such matters, in which case, this city code shall be considered as amending such ordinance or ordinances in respect to such provisions only.

1. Prior Acts: No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceedings, so far as practicable. If any penalty, forfeiture or punishment may be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
   
2. Scope Of Section: This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
   
3. Actions Now Pending: Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the city herein repealed, and the provisions of all general ordinances contained in this code shall be deemed to be continuing provisions and not a new enactment of the same provisions; nor shall this chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of the adoption of this city code.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this city code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this code, or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.

1. Whenever any word in any section of this city code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this city code by words importing the singular number only, or a particular gender, several matters, parties or persons and the opposite gender and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this city code which contains any express provision excluding such construction or where the subject matter or context may be repugnant thereto. The use of any verb in the present tense shall include the future and past tense when applicable.
   
2. All words and phrases shall be constructed and understood according to the common use and understanding of the language; the technical words and phrases and such other words and phrases as may have acquired a particular meaning in law shall be construed and understood according to such particular meaning
   
3. The word "ordinance" contained in the ordinances of the city has been changed in the content of this city code to "title", "chapter", "section" and/or "subsection", or words of like import for organizational and clarification purposes only. Such change to the city's ordinances is not meant to amend passage and effective dates of such original ordinances.

Whenever the following words or terms are used in this code, they shall have such meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:

The catchlines of the several sections of the city code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division or section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

1. Penalty For Violation Of Ordinance: Unless otherwise specifically authorized by statute, the city may provide a penalty for the violation of any city ordinance by a fine not to exceed the maximum class B misdemeanor fine under Utah Code § 76-3-301, or by a term of imprisonment up to six (6) months, or by both the fine and term of imprisonment. The city council may prescribe a minimum penalty for the violation of any city ordinance and may impose a civil penalty for the unauthorized use of city property, including, but not limited to, the use of parks, streets and other public grounds or equipment. Rules of civil procedure shall be substantially followed.
   
2. Sentencing Schedule For Misdemeanors: A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:
   
   1. In the case of a class B misdemeanor, for a term not exceeding six (6) months;
   2. In the case of a class C misdemeanor, for a term not exceeding ninety (90) days.
3. Infractions:
   1. A person convicted of an infraction may not be imprisoned but may be subject to a fine, forfeiture and disqualification, or any combination.
   2. Whenever a person is convicted of an infraction and no punishment is specified, the person may be fined as for a class C misdemeanor.
4. Fines Of Persons: A person convicted of an offense may, in addition to any term of imprisonment imposed, be sentenced to pay a fine not to exceed:
   
   1. Class B Misdemeanor: See current approved Consolidated Fee Schedule.
   2. Class C Misdemeanor; Infraction: See current approved Consolidated Fee Schedule.
5. Fines Of Corporations: The sentence to pay a fine, when imposed upon a corporation, association, partnership or governmental instrumentality for an offense defined in this code, or the ordinances of the city, or for an offense defined outside of this code over which this city has jurisdiction, for which no special corporate fine is specified, shall be to pay an amount fixed by the court, not exceeding:
   
   1. Class B Misdemeanor: See current approved Consolidated Fee Schedule; and
   2. Class C Misdemeanor; Infraction: See current approved Consolidated Fee Schedule.

1. Sentencing In Accordance With Chapter:
   1. A person adjudged guilty of an offense under this code or the ordinances of this city shall be sentenced in accordance with the provisions of this chapter.
   2. Ordinances enacted after the effective date of this code which involve an offense should be classified for sentencing purposes in accordance with this chapter, unless otherwise expressly provided. 
2. Designation Of Offenses: Offenses are designated as misdemeanors or infractions.
   
3. Misdemeanors Classified 6:
   1. Misdemeanors are classified into two (2) categories:
      
      a. Class B misdemeanor.
      b. Class C misdemeanor.
      
      
   2. Any offense designated as a misdemeanor or any act prohibited or declared to be unlawful in this code or any ordinance of this city when no other specification as to punishment or category is made, is a class B misdemeanor. 
4. Infractions:
   
   1. Infractions are not classified.
   2. Any offense which is made an infraction in this code or other ordinances of this city, or which is expressly designated an infraction and any offense designated by this code or other ordinances of this city which is not designated as a misdemeanor and for which no penalty is specified is an infraction.
5. Continuing Violation: In all instances where the violation of this code or any ordinance hereinafter enacted is a continuing violation, a separate offense shall be deemed committed on each day during or on which the violation occurs or continues to occur. 

1. Request: Unless otherwise specifically provided in any ordinance of the city or any code adopted by reference, a hearing before the city council may be requested by any person:
   1. Who is denied or refused a permit or license by any officer, agent or employee of this city.
   2. Whose permit or license is revoked, restricted, qualified or limited from that for which it was first issued.
2. Form Of Request: The request for hearing must be made in writing to the mayor or city recorder and made within thirty (30) days following the date notice denying, refusing, revoking, qualifying or restricting the license or permit is mailed by the city to the applicant or license holder at his address as it appears on the application or license.
   
3. Procedure:
   1. Time And Place: Following receipt of a request for hearing, the city council shall inform the person requesting a hearing of the time and place the hearing is to be held.
   2. Witnesses; Evidence: At the hearing, the aggrieved party shall have the right to hear and examine any witnesses the city may produce to support its decision and to present his own evidence in support of his contention.
   3. Decision Of City Council: The city council shall, within ten (10) days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the city council. 
4. Not Additional Remedy: This section shall not be construed so as to afford any aggrieved party more than one hearing before the city council nor shall the hearing provided in this section apply to any criminal complaint or proceeding. 

1. Administrative Citation. The City may issue an administrative citation for civil enforcement for any violation of the City Code. The City Manager, or designee, shall issue the citation containing all requirements described by this Section. Abatement of the violation shall not void or satisfy the fee or penalty assessed for the violation. Nothing in this section or issuance of an administrative citation described in this section shall limit or preclude the City from filing charges in the Justice Court for any violation of the City Code. No administrative citation may be issued for code violations designated as a class B misdemeanor or above. Any Administrative Citation shall carry the penalty as indicated in NCC § 1.08.
2. Requirements of the Administrative Citation.
   1. Contain a specific statement of the nature of the violation and generally describe the premises on which the violation exists, if applicable.
   2. Cite to the specific code section for which the person or business is in violation.
   3. Describe the penalty for the cited violation.
   4. Inform the person or business that in the event he/she disagrees with the determination of the City Manager, or designee, and that they object to the factual or legal basis for the notice, they may request, in writing, an informal hearing before the administrative appeal officer within 10 days of receiving the notice, together with the required fee set by City Council. A written application for a hearing, including associated fees, shall stay the time within which the person must conform to the provisions of the notice.
   5. Inform the person or business that in the event they fail or neglect to correct the objectionable condition, the city will correct the violation—if applicable—and will collect the costs of so correcting the violation by either a court action, in which case they will be assessed such costs, together with reasonable attorney fees and court costs, or will charge the cost of correcting the violation employing all necessary assistance to cause such abated at the expense of the city.
   6. Serve the Administrative Citation in writing upon the person or business, either personally or by mailing notice prepaid, addressed to the person or business at their last known post office addresses as disclosed by the records of the county assessor, or as otherwise ascertained.
3. Procedure for Issuing Administrative Citations. Upon issuance of the administrative citation, the responding party may: (1) pay the fee assessed and noted on the administrative citation and bring the violation into compliance; or (2) appeal the administrative citation to the City’s appeal authority. Any person believing there is a code violation warranting an administrative citation may petition the city to issue an administrative citation. Such petition shall include sufficient relevant information for the City to substantiate the alleged violation.
4. Hearing. Upon receipt of an appeal of an administrative citation, the Administrative Hearing Officer shall conduct a hearing to determine whether there is sufficient evidence to support the City’s administrative citation. The hearing shall be recorded and shall be informal, provided that the Administrative Hearing Officer shall respect the due process rights of the parties involved.
   1. Date of Hearing: The hearing shall be held within twenty-one (21) days after an appeal is filed. The parties may agree to a later date.
   2. Notice of Hearing: The person filing the appeal shall be given not less than seventy two (72) hours' written notice of the time and place of the hearing.
   3. Evidence and Argument: The City shall produce sufficient evidence, including presenting evidence, calling witnesses, and making arguments, to support the allegations in the administrative citation by preponderance of the evidence. The party receiving the citation may present evidence, call witnesses, and submit arguments to the Administrative Hearing Officer as to whether the administrative citation is supported. The Administrative Hearing Officer shall apply the Utah Rules of Civil Procedure and in all respect observe the offending party’s Constitutional rights.
   4. Waiver: If the recipient of the administrative citation fails to appear or attend a hearing after being given notice, he or she shall be deemed to have waived all defenses and rights and to have consented to the order of the administrative appeal officer.
   5. Notice Of Decision; Abatement By Owner: In the event the decision of the administrative appeal officer upholds the determination of the City Manager, or designee, the notice originally given by the code enforcement officer or the city's law enforcement agency as above provided shall be deemed to be sufficient to require the owner or occupant to remove or abate the objectionable objects or conditions, if applicable, and they shall have up to ten (10) days from the date of notice of the decision within which to conform thereto, unless additional time, not to exceed thirty (30) days, is authorized by the code enforcement officer or the city's law enforcement agency.
   6. Time Period For Compliance: In the event that the decision of the administrative appeal officer either overrules or modifies the determination of the City Manager, or designee, the written decision of the administrative appeal officer shall apprise the owner of that fact and set forth the details and extent to which the owner must make removal or other abatement of the objectionable objects or conditions, if any. The owner shall be required to conform to the decision within ten (10) days after service or mailing a copy of the decision.
   7. Filing Of Amended Notice: The City Manager, or designee, shall file an amended notice, if applicable.
5. Failure To Comply; Abatement By City. If any person or business described in such notice or decision to whom the notice was given shall fail or neglect to conform to the requirements thereof relating to the violation of City Code, the City Manager, or designee may employ all necessary assistance to cause such abated at the expense of the city. The City Manager, or designee shall prepare an itemized statement of all expenses incurred in the abatement of code violations, including administrative, personnel, and legal costs, and shall mail a copy thereof to the person or business or both or to persons having an interest in any such property, demanding payment within twenty (20) days of the date of mailing. The notice shall be deemed delivered when mailed by registered mail to the address of record the City. In the event the person or business fails to make payment of the amount set forth in the statement to the city treasurer within the twenty (20) days, the City Manager, or designee may either cause suit to be brought in an appropriate court of law or may refer the matter to the county treasurer as provided in this chapter.
6. Failure To Make Payment: In the event the owner fails to make payment of the amount set forth in the statement to the city treasurer within the twenty (20) days, the code enforcement officer or the city's law enforcement agency may either cause suit to be brought in an appropriate court of law or may refer the matter to the county treasurer as provided in this chapter.
7. Collection:
   1. Lawsuit: In the event collection of expenses of destruction and removal are pursued through the courts, the city shall sue and receive judgment for all of said expenses of destruction and removal, together with reasonable attorney fees, interest and court costs, and shall execute upon such judgment in the manner provided by law. The city may also assign its right to enforce and collect such expenses to a collection agency or other entity for collection, which entity shall have the same right to collect as if they were the city.
   2. Taxes: In the event that the building inspector or the city's law enforcement agency elects to refer the expenses of destruction or removal to the county treasurer for inclusion in the tax notice of the property owner, he shall make in triplicate an itemized statement of all expenses incurred in the destruction and removal of the same, and shall deliver three (3) copies of the statement to the county treasurer within ten (10) days after the completion of the work of destroying or removing such weeds, refuse, garbage, objects or structures. Thereupon, the costs of the work shall be pursued by the county treasurer in accordance with the provisions of Utah Code § 10-11-4, as amended, and the recalcitrant owner shall have such rights and shall be subject to such powers as are thereby granted.
8. Appeal. Any party to the proceedings before the Administrative Hearing Officer may appeal the officer’s decision to Utah district court by filing such appeal with the court within 28 days after a determination by the Administrative Hearing Officer. The district court shall conduct such proceedings as an appeal of an administrative decision and shall uphold the decision of the Administrative Hearing Officer unless the decision is arbitrary and capricious, not supported by substantial evidence, or plainly illegal.
9. Administrative Hearing Officer. There is created the position of Administrative Hearing Officer. The City Manager shall designate the Administrative Hearing Officer. Any City employee, the mayor, or member of the city council, other than the individual who issued the administrative citation, may act as the Administrative Hearing Officer.
10. Code Enforcement Officer. There is hereby established the position of code enforcement officer, whose duty shall be to enforce the provisions of the City Code. Until a code enforcement officer is designated, the city manager, or designee, or the city's law enforcement agency shall enforce the provisions of the City Code.
11. Criminal Proceedings: The commencement of criminal proceedings for the purpose of imposing penalties for violations of this chapter shall not be conditioned upon prior issuance of a notice or the granting to the defendant an opportunity to abate or remove the nuisance. The provisions of this chapter relating to notice and abatement shall be deemed merely alternative and additional methods of securing conformity to City Code.

1. A person filing a declaration of candidacy for a city office shall:
   1. Have been a resident of the city for at least one year immediately before the date of the election; and
   2. Meet the other requirements of Utah Code § 20A-9-203.
2. A person living in an area annexed to the city meets the residency requirement of this section if that person resided within the area annexed to the city for at least one year before the date of the election.
3. Any person elected to city office shall be a registered voter in the city.
4. Each elected officer of the city shall maintain residency within the boundaries of the city during his term of office.
5. If an elected officer of the city establishes his principal place of residence as provided in Utah Code § 20A-2-105 outside of the city during his term of office, the office is automatically vacant.
6. If an elected city officer is absent from the city any time during his term of office for a continuous period of more than sixty (60) days without the consent of the city council, the city office is automatically vacant.

1. The governing body shall be a council of six (6) persons, one of whom shall be the mayor and the remaining five (5) shall be council members.
2. The election and terms of office of the officers shall be as follows:
   1. The offices of mayor and two (2) council members shall be filled in municipal elections held in 1977. The terms shall be for four (4) years. These offices shall be filled every four (4) years in municipal elections.
   2. The offices of the other three (3) council members shall be filled in a municipal election held in 1979. The terms shall be for four (4) years. These offices shall be filled every four (4) years in municipal elections.
   3. The offices shall be filled in at-large elections which shall be held at the time and the manner provided for electing municipal officers.
3. Mayor or city council vacancies shall be filled as provided in Utah Code § 20A-1-510.
   

1. The mayor shall be the chairperson and preside at the meetings of the city council. In the absence of the mayor or because of his inability or refusal to act, the city council may elect a member of the city council 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 meeting.
2. The mayor shall not vote, except in the case of a tie vote of the city council.
3. The mayor shall be the chief executive of the city and shall:
   1. Appoint, with the concurrence of the city council, those officers of the city required to be appointed by the mayor according to the express provision of an applicable ordinance or statute and where such appointment is not delegated to the city manager.
   2. Recommend to the city council any change in position of any person requiring the concurrence or action of the city council;
   3. Inspect all books and records pertaining to city affairs kept by any officer, employee or former officer or employee of the city at any reasonable time;
   4. Whenever there is a dispute as to the respective duties or powers of any appointed officer of the city, the dispute shall be settled by the mayor, who may confer with the city attorney; and the mayor shall have the power to delegate to any appointed officer any duty which is to be performed when no specific officer has been directed to perform that duty, subject to the consent of the city council at its next regular meeting;
   5. Temporarily designate himself or any other person to perform the duties of any office or position of the city which is vacant or which is not properly administered due to the absence or disability of the person appointed to that office or position;
   6. Prepare and present to the city council such reports as are required by law and such other reports as are requested by the city council;
   7. Perform such other duties as may be required by statute or ordinance.
4. The mayor shall have no power to veto any act of the city council, unless otherwise specifically authorized by statute.
   

1. Regular Meetings:
   1. The Nibley City Council shall meet at least once monthly. The City Council shall adopt, by resolution, a specific meeting schedule for each calendar year.
   2. The meetings of the city council shall be held at the Nibley City offices at 455 West 3200 South or, when announced, at alternate locations.
   3. Meetings may be canceled with appropriate notice to the public.
   4. The final version of the proposed agenda and information packet shall be posted on the City website by the Tuesday before the associated Council meeting and in accordance with the Utah Open and Public Meetings Act (Utah Code 52-4).
   5. The Nibley City council may, when expedient, alter or waive the standards provided herein regarding date, time, and location of meetings, the posting of information packets, and the posting of agendas, provided that the council shall, at all times, comply with the requirements of the Utah Open and Public Meetings Act.
2. Special Meetings:
   1. If at any time the business of the city requires a special meeting of the city council, such meeting may be ordered by the mayor or any two (2) members of the city council. The order shall be entered in the minutes of the city 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 or by leaving it at the member's usual place of abode. The personal appearance by a council member at any specially called meeting constitutes a waiver of the notice required in this subsection.
   2. The written notice required in subsection B,1 of this section shall state the time and place the special meeting is to be held and the purpose for which the special meeting is being called.
   3. Special meetings shall be posted and announced as listed in subsection A of this section.
3. Every meeting is open to the public, unless closed pursuant to Utah Code §§ 52-4-4 and 52-4-5.
4.  Quorum:
   1. The number of members of the city council necessary to constitute a quorum is three (3) not including the mayor.
   2. No action of the city council shall be official or of any effect, except when a quorum of the members are present.
5.  Voting:
   1. 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 city council by a "yes" or equivalent, or a "no" or equivalent vote and shall be recorded. The city recorder shall call the roll in alphabetical order. Every resolution or ordinance shall be in writing before the vote is taken.
   2. The minimum number of votes required to pass any ordinance, resolution or to take any action by the city council, unless otherwise prescribed by law, shall be three (3).
   3. Any ordinance, resolution or motion of the city 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 the city council even though such majority vote is less than that required herein.
   4. A majority of the members of the city council, regardless of number, may fill any vacancy in the city council.
   5. 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 members present at the meeting when the action was approved.
6. The city recorder shall keep a record of the proceedings of the meetings of the city council and make them available to the public according to the Utah Open and Public Meetings Act, except that minutes of a closed meeting shall not be available to the public until such time as the city council shall make them public or by an order of court according to law.
7. Conduct; Order Of Business:
   1. Except as otherwise specifically required or provided by law, this code or by resolution of the city council, the most current edition of Robert's rules of order shall govern the procedure and conduct of the meetings of the city council. 
   2. Order Of Business:
      1. At the time and place set for each meeting of the members of the city council, the business of the city shall be taken up for consideration and disposition in the following order, unless otherwise provided by motion of the city council:
         1. Roll call.
         2. Reading of minutes of previous meeting.
         3. Approval of minutes of previous meeting.
         4. Petitions, remonstrances, and communications.
         5. Introduction and adoption of resolutions and ordinances.
         6. Report of officers, boards, and committees.
         7. Unfinished business.
         8. New business.
         9. Miscellaneous.
         10. Appropriations.
         11. Adjournment.
      2. The city council may by motion change, amend or delete any agenda item provided for in this subsection.
   3. 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 (2) members, except that the city council may call a special meeting to consider final action.
   4. The city council may fine or expel any member for disorderly conduct on a two-thirds (2/3) vote of the members of the city council. See current approved Consolidated Fee Schedule for the amount of the fine.
      

1. Power Exercised By Ordinance: The city council may pass any ordinance to regulate, require, prohibit, govern, control or supervise any activity, business, conduct or condition authorized by statute or any other provision of law. An officer of the city shall not be convicted of a criminal offense where they relied on or enforced an ordinance they reasonably believed to be a valid ordinance. It shall be a defense to any action for punitive damages that the official acted in good faith in enforcing an ordinance or that they enforced an ordinance on advice of legal counsel.
2. Penalty For Violation: Unless otherwise specifically authorized by statute, the city council may provide a penalty for the violation of any city ordinance by a fine not to exceed the maximum class B misdemeanor fine under Utah Code § 76-3-301 or by a term of imprisonment up to six (6) months, or by both the fine and term of imprisonment. The city council may prescribe a minimum penalty for the violation of any city ordinance and may impose a civil penalty for the unauthorized use of city property, including, but not limited to, the use of parks, streets and other public grounds or equipment. Rules of civil procedure shall be substantially followed.
3. Form Of Ordinance: Any ordinance passed by the city council shall contain and be in substantially the following order and form:
   1. A unique number;
   2. A title which indicates the nature of the subject matter of the ordinance;
   3. A preamble which states the need or reason for the ordinance;
   4. An ordaining clause which states "Be it ordained by the City of Nibley:";
   5. The body or subject of the ordinance;
   6. When applicable, a statement indicating the penalty for violation of the ordinance or a reference that the punishment is covered by an ordinance which prescribes the fines and terms of imprisonment for the violation of the city ordinance; or, the penalty may establish a classification of penalties and refer to such ordinance in which the penalty for such violation is established;
   7. A statement indicating the effective date of the ordinance or the date when the ordinance shall become effective after publication or posting as required by subsection E of this section;
   8. A line for the signature of the mayor or mayor pro tem to sign the ordinance; and
   9. A place for the city recorder to attest the ordinance and affix the seal of the city.
4. Requirements As To Form; Effective Date:
   1. Ordinances passed or enacted by the city council shall be signed by the mayor; if he or she is absent, by the mayor pro tempore, or by a quorum of the city council, and shall be recorded before taking effect. No ordinance shall be void or unlawful by reason of its failure to conform to the provisions of Utah Code § 10-3-704(1) through (4).
   2. Ordinances which do not have an effective date shall become effective 20 days after publication or posting, or 30 days after final passage by the governing body, whichever is sooner.
   3. Publication and Recording: All ordinances shall be published, posted, and recorded as required by law.
5. Resolutions:
   1. Purpose: Unless otherwise required by law, the city council may exercise all administrative powers by resolution.
   2. Form: Any resolution passed by the city council shall be in a form and contain sections substantially similar to that prescribed for ordinances.
   3. Publication; Effective Date: Resolutions may become effective without publication or posting and may take effect on passage or at a later date as the city council may determine, but resolutions may not become effective more than three (3) months from the date of passage.
      

There is hereby established a manager by ordinance form of government for Nibley City, Cache County, Utah, pursuant to Utah Code § 10-3-830, 1953, as amended, for a fifth class city.

There is hereby created in and for the city the office of city manager. The city manager shall be appointed by the governing body (city council) and shall serve at its pleasure. The city manager shall be chosen upon the basis of the city council's determination of the applicant with the best qualifications in training and/or experience, satisfactory to the mayor and city council, in public/business administration, budget preparation, accounting background, personnel administration, planning, familiarity with the city's needs and circumstances, and other criteria as may be determined to be relevant within the discretion of the mayor and city council.

The city manager shall serve at the pleasure of the governing body. Except as otherwise provided and/or subject to the provisions of contract, any person serving as manager of the municipality under this chapter may be removed with or without cause by a majority vote of the governing body. 

The salary of the city manager shall be set in the same manner as provided for other elective and statutory officers by the statutes of Utah. 

Before taking office, the city manager shall file with the city recorder a surety bond, conditioned upon honest and faithful performance of his duties, in the sum indicated in NCC 1.14.030(D). The premiums of the bond shall be paid by the city. 

In the event of a vacancy in the position of city manger, said vacancy shall be filled by the governing body as hereinabove originally specified and subject to the qualifications hereinabove set forth. The governing body may also appoint an "acting city manager" to exercise the powers and perform the duties of the manager during his temporary absence or disability and until the manager shall return or his disability shall cease. 

1. Generally: The city manager shall at all times be under the control and supervision of the governing body, and shall administer all affairs of the city according to policies adopted by the governing body. The mayor and governing body or city council shall retain all rights, obligations, duties and responsibilities not specifically delegated in this chapter to the city manager and also those as to which delegation to a city manager is prohibited by law. The city manager has full discretion in administering the affairs of the city within and according to the parameters of policy adopted by the governing body. Whenever a question of the interpretation or operation of city policy arises, the manager shall consult with the mayor, who has full executive authority to interpret, apply and implement city policy, subject to review, further direction and revision of policy by the governing body at its meetings. Whenever the mayor has been called upon to interpret, apply or implement city policy, the governing body shall be notified thereof at or prior to the next meeting of the governing body, in order that the governing body may consider city policy in light of its executive interpretation, application, implementation and administration.
2. Specific Duties: Subject to the limits, standards and procedures of subsection A of this section, and without further limiting the authority of the city manager, the following duties and the authority to perform them are hereby delegated to the city manager:
   1. Appointed Officers: To recommend to the mayor and governing body the appointment or removal of appointed officers, employees and agents, whose employment or appointment may be terminated only by the governing body according to the express provision of an applicable ordinance or statute. Otherwise, the city manager shall have authority to appoint and remove all other city employees, subject to approval by the governing body. The manager may further delegate this authority by authorizing the head of a department or office to appoint, suspend or remove subordinates in such department or office, subject to approval by the governing body.
   2. Other Obligations: To have and exercise all powers and duties assigned to him by ordinance or resolution. The city manager shall carry out the policies and programs established by the governing body.
   3. Supervision: To provide, with the governing body, direct supervision to and have direct responsibility over the offices of city recorder, city treasurer, and the department of public works and other departments as they may be created. The city manager shall manage, direct or otherwise supervise the construction, reconstruction, maintenance or repair of public works and related facilities, and activities such as, but not limited to, the following: parks, playgrounds, cemetery, waterworks, sanitary sewers, storm sewers, drains, ditches, culverts, streets, watercourses, curbs and gutters, sidewalks, alleys, lanes, bridges, garbage collection and municipal buildings, subject to approval by the governing body.
   4. Property: To keep or cause to be kept a current inventory showing all real and personal property of the city and its location. The city manager shall be responsible for the care and custody of all such property, including equipment, buildings, parks and all other city property which is not by law assigned to some other officer or body for care and control.
   5. Purchasing And Claims: To act as purchasing agent for the city and to approve all claims before presentation to the governing body, if such presentation is required, for payment; to see that all goods purchased by and for the city are received as per contract. To enforce and carry out all provisions of the ordinances of the city relating to purchasing; provided, however, that all routine payments that are made monthly, quarterly, etc., the city manager need not approve these. This subsection B,5 is not intended to repeal or alter the financial administration ordinance.
   6. Council Meetings: To attend all meetings of the governing body with the right to take part in the discussion, but not to vote, and to recommend to the governing body adoption of such measures as the manager may deem necessary or expedient.
   7. Contracts: To review all proposed contracts to which the city may be a party, to make recommendations concerning contracts to the governing body, and to execute the same when such are approved by the governing body. To see that the terms of any contract to which the city is party are fully performed by all parties thereto.
   8. Policy Proposals: To propose plans and programs concerning the development, operation and needs of the city and submit such plans to the governing body to be approved and developed as policy.
   9. Management Controls: To set performance standards and exercise managerial control to ensure that the city government is functioning in the most efficient and effective manner.
   10. Organization: To recommend creation and organization of all necessary departments, divisions, bureaus and offices necessary for the government of the city to the governing body for its approval prior to implementation.
   11. Records: To examine the books, records and official papers of the city's departments and offices, as deemed necessary.
   12. Enforcement: To faithfully execute and enforce all applicable laws, ordinances, rules and regulations, and see that all franchises, leases, permits, contracts, licenses and privileges granted by the city are observed.
   13. Emergency Notification: To notify the mayor immediately upon the manager's cognizance of any emergency situation existing in any department or office under his supervision, where the emergency threatens to interrupt normal city operations. The manager will then inform members of the governing body of the emergency as soon as is reasonably possible.
   14. Other: To perform such other duties as may be required of him by city ordinances, by state law or by further ordinance or resolution of the governing body.
   15. Ethics: To adhere to the city management code of ethics as published by the International City Management Association, and applicable law.
3. Limitation On Authority To Disburse Funds: The city manager shall not disburse funds of the city, nor obligate the city to disburse funds, if the amount of such disbursement exceeds ten thousand dollars ($10,000.00), unless the approval of the governing body is first obtained for such disbursement or obligation. If the disbursement or obligation is contained within the intent of a duly adopted budget, or if such disbursement is made pursuant to a contract authorized by the governing body, or if a disbursement is made in payment of salary at an approved rate, then the disbursement or obligation shall be deemed approved for purposes of this subsection. If the provision of this chapter conflicts with the provisions of the financial administration ordinance, the provisions of the latter ordinance shall prevail. An obligation made in violation of this subsection shall be null and void.

1. Offices Created By Council: The city council may create any office deemed necessary for the government of the city and provide for filling vacancies in elective and appointive offices.
2. City Manager To Appoint And Fill Vacancies: The City Manager, with the advice and consent of the city council, may appoint and fill vacancies in all offices provided for by law or ordinance.
3. Continuation In Office: All appointed officers shall continue in office until their successors are appointed and qualified.
   

1. Ex Officio Auditor: The City Treasurer is ex officio city auditor and shall perform the duties of that office.
   

1. Approval Of Bonds: The bonds of the council members shall be approved by the mayor and the bond of the mayor shall be approved by the city council at the first meeting of the city council in January following a city election.
2. Premium Paid By City: The premium charged by a corporate surety for any bond required by the city shall be paid by the city.
3. Additional Bonds; Filing: The city council may at any time require further and additional bonds of any or all officers elected or appointed. All bonds given by the officers, except as otherwise provided by law, shall be filed with the city recorder, except that the bond of the city recorder shall be filed with the city treasurer.
4. Bond Amounts: Before taking the oath of office and entering on the duties of their respective office, the following named city officials shall each give a bond with good and sufficient securities, payable to the city, conditioned for the faithful performance of the duties of their office and the payment of all monies received by such officers according to law and the ordinances of the city, in the following amounts:
   
   

   City manager	$10,000.00
   City recorder	$10,000.00
   City treasurer	$50,000.00
   Council Members	$10,000.00
   Justice court judge	$10,000.00
   Mayor	$10,000.00

5. Treasurer's Bond: The city treasurer's bond shall be superseded by any rule, regulation or directive of the state money management council when such rule, regulation or directive is binding on the city.
6. Blanket Bond: The bond required in this section may be a blanket bond.

1. Constitutional Oath Of Office: All officers, whether elected or appointed, before entering on the duties of their respective offices shall take, subscribe and file the constitutional oath of office. The form of oath shall be as provided in the Utah constitution article IV, section 10.
   
2. Filing: The oath of office required under this section shall be administered by any judge, notary public or by the city recorder. Elected officials shall take their oath of office at twelve o'clock (12:00) noon on the first Monday in January following their election or as soon thereafter as is practical. Appointed officers shall take their oath at any time before entering on their duties. All oaths of office shall be filed with the city recorder.
   
3. Acts Of Officials Not Voided: No official act of any city officer shall be invalid for the reason that he failed to take the oath of office.

It shall be the duty of all officers of the city to:

1. Records To Successor: Deliver to their successor within one week after the change of office all records, documents and property which belong to the city.
   
2. Deliver Funds To Treasurer: Deliver to the city treasurer within one week after receipt of such funds all funds of the city which the officer receives.
   
3. Sign Required Records: Sign within a reasonable time all papers, documents and records received by him which require his signature.
   
4. Perform Duties Imposed: Perform all duties imposed on him by virtue of the office held.
   
5. Issue Receipts: Give receipts on forms provided by the city recorder for all sums of money received, collected or paid them or their assistants.

The compensation of the elected and statutory officers shall be as follows:

• Mayor: $1,024/month
• Councilmember: $407/month
• Planning Commissioner: $51/meeting
• Treasurer: $61,523/year

Elected and statutory officers shall be paid on the same schedule as other municipal employees.

The compensation listed above is not inclusive of per diem, mileage or other expenses which may be incurred in the course of conducting Nibley City business.

In case any city officer shall at any time wilfully omit to perform any duty, or wilfully and corruptly be guilty of oppression, malconduct, misfeasance or malfeasance in office, the person is guilty of a class A misdemeanor, shall be removed from office and is not eligible for any city office thereafter.

It shall be unlawful for any employee of the city to authorize or render services or city equipment for use on any private person's property and which is a benefit to such private person, including snow removal, sewer or water line repair or transporting garbage.

The City Manager shall supervise the official conduct of all officers of the city and investigate or cause to be investigated and present any complaint to the city council, together with the results of the investigation, at the next regular meeting of the city council after the complaint is received by him. 

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

This chapter 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. 

The government records and management act, as compiled by the state department of archives, is hereby adopted as an ordinance of the city.

1. Availability: The records of the city shall be open to inspection by the public during regular business hours, except as is herein provided.
   
2. Copies; Fee: Any public record of the city may be copied or electronically reproduced for any member of the public upon payment to the city recorder for the amount listed on the current approved Consolidated Fee Schedule.
   
3. Elected Officials: Any elected official of the city shall at all times have the right to inspect the books, records and papers of the city.

As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:

The mayor is authorized to take all necessary action to recover, on behalf of the city, from those persons whose negligent actions caused a hazardous materials emergency, expenses incurred by the city, or its agents, directly associated with a response to such hazardous materials emergency.

All candidates for elective municipal office shall comply with the campaign finance disclosure set forth in this chapter.

For purpose of this chapter, the following terms are defined as follows:

Each candidate for elective office, who either receives campaign contributions or spends expenses, shall file with the city recorder dated, signed and sworn financial reports which comply with this chapter.

The reports required by this chapter shall be filed no later than seven (7) days before both the primary and general elections and no later than thirty (30) days following the final election. Candidates eliminated in the primary election shall file the final report no later than thirty (30) days following the primary election.

1. Preelection Statement: The statement filed seven (7) days before the election shall include:
   1. A list of each contribution, monetary or otherwise, received by the candidate before the close of the reporting date, and the name of the donor;
   2. A total of all contributions received by the candidate; and
   3. Campaign expenditures made through the close of the reporting date, and the recipient of each expenditure.
2. Postelection Statement: The statement filed not later than thirty (30) days following the final election shall include:
   1. A list of each contribution received after the cutoff date for the preelection statement and the name of the donor;
   2. An aggregate total of all contributions received by the candidate after the cutoff date for the preelection statement; and
   3. A list of all expenditures for political purposes made by the candidate after the cutoff date for the preelection statement and the recipient of each expenditure.
3. Accounting: All contributions and expenditures related to the candidate's candidacy should be accounted for between the preelection and postelection statement.

The statements required by this chapter shall be public documents and shall be available for public inspection and copying during all regular city business hours. The city recorder shall make such statements available within one business day of their filing with the city. Such statements shall also be available on the Nibley City website.

1. If a candidate fails to file a campaign finance statement before the municipal general election as specified in this chapter, the municipal recorder shall inform the election officials who shall:
   
   1. If possible, remove the candidate's name from the ballot by blacking out the candidate's name before the ballots are delivered to the voters; or
   2. If removing the candidate's name is not possible or practicable, inform the voters by any reasonable method that the candidate has been disqualified and that votes for that candidate will not be counted; and
   3. Shall not count any votes cast for that candidate.
      
2. Notwithstanding subsection A of this section, a candidate who files a preelection statement within the time specified herein is not disqualified if:
   
   1. The statement details accurately and completely the information required by this title, except for inadvertent omissions or insignificant errors or inaccuracies, and
   2. The omissions, errors, or inaccuracies are corrected in an amended report or in the next scheduled report.
      
3. A campaign finance statement shall be considered filed if it is received by the municipal recorder not later than five o'clock (5:00) P.M. on the date it is due.
   
   Any candidate who fails to comply with this chapter is guilty of an infraction and upon conviction, subject to penalty as provided in NCC 1.08.010.
   

1. To purchase equipment, materials, supplies and services best suited to accomplish the desired task, to obtain equipment, materials, supplies and services at the lowest possible price by encouraging effective competition in public purchasing by competitive bidding;
   
2. To establish procedures for the disposal and/or assignment of surplus equipment, supplies and materials;
   
3. To establish procedures and policies to enhance the efficiency and effectiveness of the city's accounts payable system.

1. Purchases of equipment, materials, supplies and services exceeding one thousand dollars ($1,000.00) shall be supported by at least two (2) verbal quotations, or written sole source justification, which shall be recorded with the invoice of the purchased items.
2. Purchases of equipment, materials, supplies and services exceeding twenty-five thousand dollars ($25,000.00) shall be opened for competitive bidding and the award made by the city council. Inclusion of a specific item or service in an adopted budget shall be considered as approved by the council, but such inclusion shall not remove the requirement to competitively bid that item or service.
3. The council may waive the bid requirements provided herein if it determines such action to be in the best interest of the city and in compliance with state law, so long as justification for waiving the bid requirement is specified and made public.
4. The following items are excepted from bidding requirements: telephone services, utility services, payroll and employee benefits vendors, incidental and routine purchases for supplies and materials not to exceed one thousand dollars ($1,000.00) per month per vendor. Also excepted are taxes, bond and loan payments, and authorized monthly travel expenses approved by the city council. Purchases of ongoing professional services, including those of city attorney, city engineer, bond council, and the city financial advisor are exempted from bidding requirements so long as the city council authorizes a contract for such services on a biennial basis.
5. All purchases for items in excess of five hundred dollars ($500.00) shall be approved by the city manager.
6. The city manager may recommend a particular brand or style of an item or service that may satisfy the long term needs and goals of the city. This may be done to achieve uniformity in design or ease in replacement of an item. If it can be determined that there is more than one vendor available for a designated brand or style then the city shall follow the appropriate competitive bidding requirements of this chapter. The city council shall be notified of such items and those items shall be exempt from competitive bidding requirements of this chapter.
7. Items or services available through the state of Utah, division of purchasing contracts, may be purchased at the state contract prices and not be subject to other requirements concerning bidding contained in this chapter.
8. All public works projects not being constructed by Nibley City employees shall be advertised twice in a local paper or appropriate trade journal and, where practicable, sent to at least three (3) available vendors. Bid receipt deadlines shall not be less than ten (10) days following the last publication. All bids received shall be sealed. They shall be opened in a public setting that bidders and other interested parties may attend.
9. All equipment purchases over twenty-five thousand dollars ($25,000.00) shall be appropriately noticed in order that multiple vendors may have the opportunity to submit their proposals. Written bids shall be required.
10. If a contract is awarded to other than the lowest qualified bidder, the reason for accepting a higher bid must be specified and made public.
11. Credit cards maintained by the city shall be closely and carefully monitored to make sure the original invoice is matched with the credit card billing and that all purchases are accounted for as legitimate city purchases.

1. The petty cash fund is controlled and maintained by the city treasurer and is limited to three hundred dollars ($300.00).
2. Employees receiving money from petty cash much present an approved petty cash form to the treasurer. The petty cash form must contain the date, the amount of cash requested, a description of the expenditure, the account to be charged, and the signature of the supervisor. A sales receipt must be attached to the request. Petty cash purchases are limited to one hundred dollars ($100.00).

1. An emergency may be determined by the city manager or, in his absence, the public works director as a situation wherein the equipment, supplies or services must be purchased in an immediate and timely manner in order to ensure the safety of employees or preserve the public health, safety or welfare.
2. In an emergency situation, whenever possible, the equipment, supplies or services shall be purchased from a vendor that has previously been the successful competitive bidder with the city.
3. As soon as is practicable after the emergency situation, the purchaser shall provide the city recorder with the information concerning the purchase, including sales or delivery receipt, and a written explanation detailing the circumstances of the emergency.

1. The city may dispose of any supplies or equipment that are deemed to be surplus or no longer of value or use to the city. Ifthe value of the item is deemed to be in excess of three hundred dollars ($300.00) a public announcement of the intention to dispose of the item shall be made. The city manager shall prescribe methods of selling of the items with the objectives of making it available to the general public and receiving the most remuneration possible for the city.
2. Items of value in excess of five thousand dollars ($5,000.00) shall only be deemed surplus by the city council.
3. City employees shall not buy or receive any surplus items from the city without the consent of the city council.

1. Any transfer of real property, significant or not, as defined herein, under this section may be executed by a property transfer agreement, only after such agreement is approved the the City Council. The property transfer agreement may define the future restrictions or intended uses of any property that the City gifts, leases, or sells to a new owner.
2. Pursuant to Utah Code § 10-8-2(4), the City defines a significant parcel of real property as a parcel of real property which is eligible for residential or commercial development, based on the requirements of said parcel's underlying zone, and having such value to the City that the City would not dispose of the real property without selling or trading it for its full fair market value as determined by a current appraisal or by another reliable method for determining the value of real property, subject to reasonable adjustment within the discretion of the City Council.
3. Before disposing of a significant parcel of real property, the City shall hold a public hearing, for the purpose of receiving public comment on the proposed disposition. Reasonable notice of the public hearing shall be given at least fourteen (14) days prior to the date of the public hearing and shall included notice of the date, time and place of the public hearing, and the purpose for which the public hearing is being held. "Reasonable Notice" shall be considered as having the notice published once in a newspaper of general circulation the City, publishing the notice on the Utah Public Notice Website, posting the notice on the real property proposed for the disposition, and posing the notice of the City's official website.

1. Definitions: For purposes of this chapter the following definitions shall apply so long as they are consistent with the definitions of the same terms found in the Utah open and public meetings act. If a term is defined differently in the Utah open and public meetings act, the definition found in that act shall apply:
   1. CONVENING: The calling of a meeting of a public body by a person authorized to do so for the express purpose of discussing or acting upon a subject over which that public body has jurisdiction or advisory power.
   2. MEETING:
      
      1. The convening of a public body, with a quorum present, including a workshop or an executive session whether the meeting is held in person or by means of electronic communications, for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the public body has jurisdiction or advisory power.
      2. "Meeting" does not mean:
         1. A chance meeting;
         2. A social meeting; or
         3. The convening of a public body that has both legislative and executive responsibilities where no public funds are appropriated for expenditure during the time the public body is convened and:
            1. The public body is convened solely for the discussion or implementation of administrative or operational matters for which no formal action by the public body is required; or
            2. The public body is convened solely for the discussion or implementation of administrative or operational matters that would not come before the public body for discussion or action.
   3. MEETING CLERK: The city recorder (or the acting deputies) for a city council, or shall mean the person assigned by a public body, other than a city council, to record and to take the written minutes of a meeting of a public body of Nibley City.
   4. MINUTES OF A MEETING: A written record of the meeting that shall include:
      1. The date, time, and place of the meeting;
   5. PROPOSED MINUTES: The written minutes prepared by the meeting clerk that have been given to the members of a public body for their review and approval.
   6. PUBLIC BODY: Any administrative, advisory, executive, or legislative body of this municipality that:
      1. Is created by the Utah constitution, statute, rule, ordinance, or resolution;
      2. Consists of two (2) or more persons;
      3. Expends, disburses, or is supported in whole or in part by tax revenue; and
      4. Is vested with the authority to make decisions regarding the public's business.
         
         Notwithstanding the definition of "minutes of a meeting" of this section, a recording is not required to be kept of an open meeting that is a site visit or a traveling tour, if no vote or action is taken by the public body.
2. Policy For Approval Of Minutes: The following shall be the policy and procedure for the approval of minutes for this municipality:
   
   1. Written minutes shall be taken for all public meetings of any public body of this municipality. The minutes of all public meetings of any public body of this municipality shall be recorded by the meeting clerk during the course of any public meeting of the public body.
   2. Within a reasonable time from the end of the meeting, the meeting clerk shall prepare proposed minutes for the meeting and give a copy of the proposed minutes to each member of the public body for his or her review and comments.
   3. At the time that proposed minutes of a meeting of a public body are available to the members of the public body they shall also be available to the general public. The minutes of a meeting of a public body shall be posted on the Nibley City website at the time they are made available to the members of the public body.
   4. The public body shall consider the proposed minutes for approval at the first meeting of the public body that immediately follows the meeting clerk giving the proposed minutes to the members of the public body. The members of the public body shall either approve the proposed written minutes as presented; or vote to correct and amend the proposed written minutes and then approve the corrected and amended written minutes at that meeting; or postpone approval for further review or information until the next meeting of the public body.
   5. Written minutes are the official record of action taken at the meeting and shall be signed by the clerk of the meeting and shall be retained in the official records of this municipality and shall be a public document available for the inspection and copying by members of the public as appropriate under Utah law.
3. Recording Of Meetings:
   1. A recording of an open meeting shall:
      1. Be a complete and unedited record of all open portions of the meeting from the commencement of the meeting through the adjournment of the meeting; and
      2. Be properly labeled or identified with the date, time and place of the meeting.
   2. The recording of an open meeting is a public record under Title 63G, Chapter 2, government records and management act.
      1. A recording of an open meeting shall be available to the public for listening within three (3) business days after the end of the meeting.
   3. All or any part of an open meeting may be independently recorded by any person in attendance if the recording does not interfere with the conduct of the meeting.
   4. The written minutes or recording of an open meeting that are required to be retained permanently shall be maintained in or converted to a format that meets long term records storage requirements.

Under authority of Utah Code Annotated §63G-2-701, this ordinance specifies how records in the custody of Nibley City may be accessed, and where and to whom requests for access to records shall be directed. All other regulations related to access to public records, including but not limited to, standards for the classification and designation of records; the standards for the management and retention of records; response times for access requests; and time limits for appeals shall be as set forth in Utah Code Annotated Title 63G, Chapter 2.

Terms used in this ordinance are defined in Utah Code Annotated §63G-2-103.

1. A request for access to records shall be made in writing, include the information required by Utah Code Annotated Section 63G-2-204, and be submitted by first class mail; hand delivery; or electronically to the records officer as follows:
   1. For records maintained by Nibley City: City Recorder, 455 West 3200 South, Nibley, Utah 84321. Electronically submitted request shall be sent to: recordrequest@nibleycity.com.
   2. Record(s) request may also be received through the Utah Open Records Portal at https://openrecords.utah.gov/.
2. Requests submitted in a manner other than set forth herein will not be accepted.

1. An appeal of a decision of a records officer shall made be in writing, shall comply with the information required by Utah Code Annotated 63G-2-401(2), and shall be submitted by first class mail; hand delivery; or electronically to the City Manager, 455 West 3200 South, Nibley, Utah 84321 or recordrequest@nibleycity.com.
2. Appeals submitted in a manner other than set forth herein will not be accepted.
3. Pursuant to Utah Code Annotated 63G-2-401, the duties of the Chief Executive Officer shall be performed by the Nibley City Manager.

1. Fees may be charged in response to a records request as shown in the fee schedule below:
   
   

   Type of Service/Document	Fee
   Staff Time for compiling, formatting, manipulating, packaging, summarizing or tailoring the record to meet request; and search, retrieval and other direct time for complying with request.	After the first quarter hour (15 minutes) of staff time, Nibley City may charge an hourly charge. See the current approved Consolidated Fee Schedule for the current rate of charge. *
   For Each Copy of Public Record	See current approved Consolidated Fee Schedule.
   CD/DVD/flash drive	See current approved Consolidated Fee Schedule.
   Certified Copies	See current approved Consolidated Fee Schedule.

   * Nibley City requires payment of estimated fees before beginning to process a records request if the fees are expected to exceed $50.00; pursuant to Utah Code Annotated Section 63G-2-203(8)
   
2. Fees for providing a record may be waived under certain circumstances described in Utah Code Annotated Section 63G-2-203(4). A request for a fee waiver shall be made in writing to the records officer as part of the records request.

1. Request forms are available at www.nibleycity.com, or from the records officer.
2. These forms are provided as a convenience, and a requester is not required to use these forms as long as information required by the statute is provided.
3. Amending of requests is not permitted, except requests may be withdrawn. A new request must be filed if the requestor desires to modify the original request.