Times Independent | 1976-10-28 | Page 9 | Proposed Moab-Grand Consolidation Plan

PUBLIC NOTICE " " PUBLIC NOTICE "proposed Moab-Grand Consolidation Plan ARTICLE I nBLlSHMENT OF A CONSOLIDATED CITY AND liW COUNTY GOVERNMENT . J 01. Establishment of the Consolidated City and County rsuant to the authority of the Constitution of Utah and 17 Chapter 35a, Utah Code Annotated, 1953, as amended, ' solidated City and County government is hereby created 'n lablished, comprised of the territorial area and vested with sleSers, duties and functions which were within the lawful " diction.' nd autnoritv of Allowing local goyernmental immediately prior to the effective date of this Plan. '(a) Tne County f Grand' ,W The City of Moab. c) All special taxing districts, public authorities, County L areas and local public agencies within the County of P other than school districts. f' j 02. EffecUve Date; Operative Date la) Subject to paragraph (b) of this section, this Plan shall . efect as the organic act for the government of the lidated City and County on the date on which a certified " of the Plan, as approved by the voters, is filed with the ;. jjy of State. This date shall be known as its "effective : J t(b)The provisions of this Plan shall become fully operative . 12-01 a.m., local time, on January 1, 1979. This date shall be ' n3Stli'e "operative date" of the Plan. Provided, however, i; I x, nrovisions of this Plan pertaining to the nomination and t 0n of all elected officers, shall become operative prior to the ' rttative date in accordance with their terms, or as provided by f. finances, not inconsistent with this Plan, that are duly : jLed by the Board of County Commissioners of the County of l; jjjjd in order to bring about an orderly transition to the new pkj of local government provided herein. SKlion 1.03. Nomenclature (a) The official name of the consolidated city and County 1 .ovemment is: "The City and County of Moab-Grand". For ; venience and simplicity, it may be referred to by the short 1 fine of "Moab-Grand" with full legal effect for all purposes. (b) Grand County, Moab City and other local public agencies I ihich are dissolved and incorporated into the consolidated City aid County government pursuant to this Plan , are referred to , toein as "former governments". j 011 1.04. Succession and Continuity of Government (a) Upon the operative date of this Plan, Moab-Grand shall, ithout other transfer, succeed to and posses all of the rights, i capacities, privileges, powers, franchises and immunities and be object to all of the liabilities, obligations and duties for the I former governments hereby consolidated into Moab-Grand. " (b) It is the intent of this section that there shall be no ) jterruption in the powers, obligations or jurisdictions of f government by this consolidation but that powers possessed by 1 former governments shall continue uninterrupted through 1 taster to Moab-Grand. (c) Until otherwise changed by law, all of the ordinances, rules and regulations in force in any government consolidated lereby shall continue uninterrupted through transfer to the City aid County of Moab-Grand. (d) All criminal prosecutions and penal actions pending on ike operative date shall be prosecuted to judgment and execution iithe name of Moab-Grand and all offenses committed against my of the ordinances, rules or regulations of any of the former jovernments and which shall not have been prosecuted before ike operative date-may be prosecuted in the name and by the luthority of Moab-Grand and all penalties incurred shall remain ike same as if this Plan had not been adopted. Section 1.05. Formation of Local Governmental Units Forbidden After the effective date of this Plan, no city, town or local governmental unit shall be formed within the territorial limits of Moab-Grand, except as provided in this Plan, and any formation proceedings pending on said effective date shall be forthwith I terminated. I Section 1.06. Territorial Jurisdiction I The territorial jurisdiction of Moab-Grand shall extend to I and include the following: (a) The area included within the territorial jursidiction of all former governments incorporated into Moab-Grand. ; - (b) Any territory outside of the boundaries of Moab-Grand I in which Moab-Grand is authorized by law to exercise any I function or perform any service, but only to the extent necessary I aid proper therefor. I Section 1.07. Transfer of Personnel j Upon the operative date of this Plan, all officers and I employees holding non-elective positions under the County of Grand, the City of Moab and any local district or other ! governmental agency that is merged and incorporated into J Moab-Grand by this Plan shall be transferred and blanketed in J is officers and employees of Moab-Grand. I For a period of one (1) year following the operative date of Plan, no officers or employees blanketed in as an officer or . employee of Moab-Grand shall be discharged or shall be ! transferred to a position of lesser class or compensation, except j 'or cause, and except that personnel first employed by a former J government within the six (6) months immediately prior to the 1 date of the election at which this Plan is approved may be I dismissed, demoted, transferred or reclassified within three (J) 1 months after the operative date of this Plan, and for that purpose .. shall be deemed to hold only a probationary status in tne employment of Moab-Grand during said three (3) month period. For a period of one (1) year following the effective oaie i , "is Plan, all officers and employees blanketed in as officers ana J employees of Moab-Grand shall, consistent with the paragrapn , ' "bove, be assigned positions of responsibility and be given wort M! ignments substantially equivalent to those which tney Previously held prior to being blanketed in, so far as may oe Practicable, and shall be entitled to receive compe nsaoon Aether with retirement rights and fringe benefits, substant3 equal to those previously received, subject only to such minor Cf' tments as may be necessary in order to achieve reasonable of, . fWity of compensation and other benefits fr equ.valen job Wf. 'cations as determined by Moab-Grand. The Manager of Moab-Grand shall decide any disputes and make any e' tments necessary to carry out the intent of this section, - object to the following paragraph of this section. P"CJ The Moab-Grand Council may enact ordinances and adopt Per and regulations deemed necessary and proper to effectuate purposes of this section. Following the end of the one 1) year etiod mentioned above, all otticers anu Kb-Grand shall be subject to such personnel system ' 1 1 PTOCedures- Pulsions and regulations, and to sue ' 1 C. j fveming compensation and other employment benefits, as may ifortC I " Provided by the Moab-Grand Coundl or by statute. I kUoo 1.08. Continuation of Boards and Commission. I J The members of all boards, commissions. I "Wy committees and agencies of Grand County and of anyor J former governments, other than the members ot "1 .ing bodies thereof, existing on the effective date and 1 fished priortotheoperative date of this I for twelve (12) months after the operative date u ni I terminated or extended by written action of tn J Moat Grand Council. . Moab-Grand A . After the operative date of this Plan the Mo6 Vil shall, with the advice and consultation o : sud .boar issions, authorities, advisory committees and na '"We them with Moab-Grand. Their functions paw J" and liabilities may either be S Snts. offices, agencies, division., 'dence "H-Grand or they shall maintain a degree ot inaep deemed desirable by the Moab-Grand Council in accordance with the intent of this Plan. Until action is taken by the Moab-Grand Council, the above designated boards, commissions, commis-sions, authorities and agencies shall retain the same relationship to Moab-Grand as they previously maintained with Grand County or such former governments, respectively. Section 1.09. Construction of the First Budget The separate budgets of Grand County and of each of the former governments which cover all or any part of the calendar year 1979 shall in the aggregate become the budget of Moab-Grand for the fiscal year commencing January 1, 1979 and all appropriations made in each separate budget shall be considered appropriations of Moab-Grand for the fiscal year commencing January 1, 1979 and all appropriations made in each separate budget shall be considered appropriations of Moab-Grand for such fiscal year. Grand County and each of the former governments shall, during the year 1978 in the manner and at the time provided by law and in conformance with their normal procedures, adopt budgets for their respective ensuing fiscal years as if this Plan had not or would not become effective or operative and notwithstanding that all or some part of the period covered by such budget will cover a period after the operative date. Immediately after election in November of 1978, the Moab-Grand Council shall assemble these separate budgets and as soon as practicable after the operative date, consolidate them into a composite budget for Moab-Grand. From time to time during 1979 the Moab-Grand Council shall, in the manner prescribed in the Uniform Fiscal Procedures Act for Counties, amend the composite budget. Such amendments may include increases or reductions of appropriations, extension of the period for which an appropriation is made in order to correspond to the fiscal year for Moab-Grand, consolidation of funds and accounts and such other changes as the Moab-Grand Council deems appropriate. To assist in such process, the members of the Board of Advisors, established pursuant to Section 1.10, shall make available to the Moab-Grand Council and to the officers and employees of Moab-Grand all information reasonably required as to the details of the financial operations of each of the former governments, including details as to sources of revenues and the reasons for appropriations. Section 1.10. Board of Advisors All elected officials of Moab City, Grand County and of all other former governments dissolved and incorporated into Moab-Grand by the terms of this Plan who do not hold an elective or appointive office with Moab-Grand, shall form a Board of Advisors. The purpose of the Board of Advisors shall be to advise the Council, Manager and department heads, when requested, as to policy and technique in the operation of Moab-Grand services. The Manager shall call a meeting of the Board of Advisors as often as necessary. However, he and the department heads may request advice from members or groups of the Board as often as necessary. The Moab-Grand Council may also request advice from the whole Board or any part of it as often as the Moab-Grand Council deems necessary. Members of the Board of Advisors shall serve for a period of one(l) year and shall be compensated by a salary determined by the Moab-Grand Council. Section 1.11. Transfer of Assets and Liabilities (a) Upon the operative date of this Plan, Moab-Grand shall, by operation of law and without formal transfer or conveyance, succeed to, own and possess all properties, rights, privileges, franchises and other assets of whatever nature, whether tangible or intangible, previously owned and possessed by the former ' governments hereby merged and consolidated into Moab-Grand. Upon the operative date, Moab-Grand shall also succeed to and be liable for all obligations, debts and liabilities of said former governments and shall have the power and duty to discharge all such obligations, debts and liabilities in accordance with their terms, except to the extent that equitable adjustments, conditions and limitations are otherwise provided in this Plan or are determined and established by procedure specified in this Plan. The contractual rights of any bond holder or creditor shall not be impaired by any transfer authorized by this Plan. (b) Any unresolved questions or issues relating to the nature or extent of the assets to be transferred under this section, or as to the duties of any public officer relating thereto, may be submitted by written application to the District Court, made by the Manager of Moab-Grand or governing Board of Moab-Grand, to impartial arbitration pursuant to Chapter 31, Title 78, Utah Code Annotated, 1953, as amended, and said Chapter shall govern all proceedings in connection therewith. Section 1.12. School Districts and Courts Not Affected Except as otherwise provided by law, the boundaries, organization, powers, duties or functions of any school district or of any City Court or Justice of the Peace Court within the county ' shall not be altered or affected by adoption of this Plan. ARTICLED THE MOAB-GRAND COUNCIL Section 2.01. Composition The qualified voters of Moab-Grand shall elect at large five (5) persons who are qualified voters residing in Moab-Grand to serve as members of the Moab-Grand Council. Initially three (3) members shall be elected for terms of two (2) years and two (2) shall be elected for terms of four (4) years. Thereafter, four (4) Council members shall be elected for terms of four (4) years and one shall be elected for a term of two (2) years so that each two(2) years the terms of three (3) Council members shall expire. Section 2.02. Procedure The procedure for electing memoers oi uie rwuau-urauu Council shall be partisan and shall be the same as that for electing officers of a county of the same class. Section 2 03. Selection, Term and Powers of Council President The Moab-Grand Council shall choose its own President from among its members by a majority vote of the entire Council. The President shall serve for a term of two (2) years and shall be eligible for reelection. He shall be the presiding officer of the Council and shall have the same rights to debate and vote as other Council members. The CouncU shall also select a Vice-President to serve in the absence of the President. Section 2.04. Vacancies ' .,... If any member of the Moab-Grand CouncU shall die, resign, remove his residence from Moab-Grand during his term ol office be incapacitated to the extent that he is unable to perform his duties for aeriod in excess of six (6) months, be removed from office or without excuse fail to perform his duties as i member of the Moab-Grand Council or tail to attend ouncu meetings for two(2) months, his seat shall be deemed vacant. The President of the Moab-Grand CouncU shall than advise the Moab-Grand CouncU of the vacancy. The appointment of another person to the CouncU by a majority vote of the remaining members of the CouncU shall be the first order of business at the next Council meeting, and the appointment shall be made within sixty(60) days. Appointment shall be made from among citizens of Moab-Grand who are eligible for election to the CouncU and the appointment shall continue for the balance of the unexpired term of his predecessor. If the member who is being replaced was elected on a partisan party ballot the appointee shall be a member of the same political party. In case of a tie, the decision will be made by the toss of a coin. Section 2.05. Compensation of Moab-Grand Council Members Members of the Moab-Grand CouncU shall be reimbursed for actual expenses in connection with their official duties and shall receive either a per diem allowance for each meeting attended or an annual salary or a combination of a per diem and salary as determined by the Moab-Grand Council. UntU otherwise provided by ordinance enacted by the Moab-Grand PUBLIC NOTICE Council, the President of the CouncU shall receive a salary of Two Hundred Dollars ($200.00) per month and the members of the CouncU shall receive a salary of One Hundred Fifty Dollars ($150.00) per month. Section 2.06. Voting on Moab-Grand Council Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the CouncU Journal as a matter of public record. A majority of the CouncU shall constitute a quorum for condutting business, however for matters on which a greater or lesser vote is expressly provided by law, no action of the CouncU shall be valid and binding unless it is approved by the affirmative vote of a majority of its fuU membership. Section 2.07. Meetings The Moab-Grand CouncU shall meet at least two (2) times per month at hours to be provided by ordinance. Proceedings of the Moab-Grand CouncU shall be as prescribed by ordinance, and debate therin shall generally follow Roberts Rules of Order. All ordinances shall be enacted in accordance with procedures required by statutes for the enactment of valid ordinances by counties of the same class. Section 2.08. Secretary to the CouncU The Moab-Grand Council shall appoint its own Secretary, who shall perform necessary clerical and secretarial services for the Council, including the issuance of meeting notices, keeping of official minutes of general and special meetings of the CouncU and such other duties as the CouncU may prescribe. Section 2.09. Powers and Duties of the Moab-Grand CouncU The Moab-Grand CouncU is the legislative body of Moab-Grand and has all legislative and policy determining powers vested in Moab-Grand except as otherwise provided by law. The Moab-Grand CouncU shall have the power and it shaU be its duty: (a) To enact ordinances and adopt resolutions necessary and appropriate to establish official policy and to facUitate the discharge of any powers and responsibilities vested in Moab-Grand. (b) To provide by ordinance, as public necessity may require, for the establishment, abolition, combination and division of offices, departments and agencies and for the transfer and allocation of functions and responsibilities as between offices, departments and agencies. (c) To establish by ordinance a compensation plan for all officers, assistants, deputies, clerks and other employees, unless such compensation is otherwise fixed by this Plan, and provided by ordinance for a merit system of employment for Moab-Grand employees. (d) To establish and adopt, by ordinance, a comprehensive administrative code, which shall comprise the rules and regulations governing in detaU the procedures, duties and systems of office, departmental and agency management, control, accounts, records and reports for all offices, departments and agencies of Moab-Grand. .(e) To consider, alter, modify and adopt the annual budget for Moab-Grand and such other periodic or long-range budgets and plans or programs as will, in the judgment of the CouncU, facilitate efficiency, economy and orderly administration of the duties and responsibUities of Moab-Grand. Budgetary procedure shall, so far as possible, conform to the Uniform Fiscal Procedures Act for Counties, subject to the provisions of Article IX of this Plan and the administrative code. (f) To adopt, by ordinance, rules of procedure which may be included as part of the administrative code, governing the time, place, conduct and order of business of its meetings and hearings and the manner of introduction, publication, mnsideration and adoption of ordinances and resolutions; provided, however, that in the absence of such procedural rules, all ordinances shall be governed by and enacted in accordance with the procedure prescribed by law for the enactment of ordinances by a county of the same class, so far as practicable. (g) To appoint and remove the County Manager, as provided by this Plan. (h) To approve appointments by the County Manager of department head positions. (i) To request information from the County Manager and to conduct public hearings on matters of public concern to assist it in performing its legislative responsibUities. In connection with such public hearings, the Moab-Grand CouncU may subpoena witnesses, documents and other evidence, administer oaths and take testimony. Any person who, without lawful excuse, willfully faUs or refuses to obey a lawful order issued in the exercise of these powers by the CouncU shaU be guUty of a misdemeanor. (j) To provide for an annual independent audit, and if it deems it necessary at any time for a special audit, of Moab-Grand accounts to be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the Moab-Grand government or of any of its officers; provided, that the CouncU may accept, in satisfaction of the requirements of this paragraph, an audit made by the State Auditor or any officer designated by the State Auditor. (k) To establish and define the duties and functions of appointed boards and commissions deemed appropriate to expedite or facUitate the duties of the CouncU or of any officer or department; provided, that all such boards and commissions shaU have advisory or quasi-judicial functions only, and shall not exercise any legislative or executive powers. (1) To employ on a temporary basis, and without necessity for compliance with the rules and regulations of the merit system, professionally-qualified experts and consultants to study, assist, advise or prepare reports concerning any aspect of Moab-Grand functions, responsibUities or administration. (m) To exercise any legislative or policy-making power which it is possible under the Constitution of the State of Utah for the legislature to delegate to the governing body of a county or of a city, and for the governing body of a county or a city to possess and exercise, whether or not such power has in fact been authorized or delegated by statute, provided that such power is not expressly denied by the Constitution, by a general law applicable to all cities and all counties, or by a specific restriction included in this Plan. (n) To prescribe, by ordinance, policies, guidelines, standards, criteria and procedures relating to levels and measures of performance, productivity and effectiveness. The specific statement of particular powers shall not be construed as limiting the powers of the CouncU or as precluding i the existence of other powers. 1 Section 2.10. Ordinances L (a) The Moab-Grand CouncU shall have the power and it l shall be its dutv to enact ordinances and adopt resolutions necessary and appropriate to establish official policy and to facilitate the discharge of any powers and responsibilities vested in Moab-Grand, whether in the Council, the County Manager, other elected administrators or other sub-units of government, if any. (b) Ordinances shall be introduced in writing and in the form required for final adoption. No ordinance shaU contain more than one subject, which shall be clearly expressed in its title. The enacting clause shall be "The City-County of Moab-Grand hereby ordains . . .". Any ordinace which repeals or amends an existing ordinance of the Moab-Grand code shall set out in fuU the ordinance, sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strike-out type and shall indicate new matter by underscoring or by italics. (c) Ordinances may be introduced by any member of the Moab-Grand CouncU at any regular or special meeting of the Moab-Grand Council. Upon introduction of any proposed ordinance, the Secretary of the Moab-Grand CouncU shaU distribute a copy to each member of the CouncU and to the PUBLIC NOTICE County Manager, shall file a reasonable number of copies in such offices and public places as the Moab-Grand CouncU may designate and shall publish the ordinance, to gether with a notice setting out the time and place for a public hearing Publication shall consist of printing in one or more newspaper general circulation in the county, the ordinance in full, or a brief summary thereof, and the places where copies of it have been filed and times and places when such copies are available for public inspection. The public hearing shall follow the publication by at least seven (7) days. The hearing may be held separately or in connection with a regular or special Moab-Grand CouncU meeting, and may be adjourned from time to time. AU interested persons shall have an opportunity to be heard. After the hearing the Moab-Grand CouncU may adopt the ordinance with or without amendment or reject it; but if it is amended as to any matter of substance, the Moab-Grand CouncU may not adopt it untU the ordinance or its amended sections have been subject to all the procedures hereinbefore required in the case of a newly-introduced ordinance. (d) Except for emergency ordinances, every ordinance adopted shall become effective at the expiration of thirty (30) days after adoption, or at any later date specified in the ordinance. As soon as practicable after adoption of an ordinance, the Secretary of the Moab-Grand CouncU shall have the ordinance published in a newspaper of general circulation in the county in full, together with a notice of its adoption. (e) To meet a public emergency affecting life, health, property or the public peace, the Moab-Grand Council may adopt one or more emergency ordinances, but no such ordinance may levy taxes or grant, renew or extend a franchise or regulate the rate charged by any public utUity for its services, or authorize the borrowing of money except to meet the emergency. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of the full membership of the Moab-Grand CouncU shall be required for adoption. The emergency ordinance shall become effective upon adoption, or at such later time as may be spectified in the ordinance. After its adoption, the ordinance shall be published as prescribed for other adopted ordinances. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner as specified for adoption of emergency ordinances. Section 2.11. Prohibitions Upon the Moab-Grand Council (a) During his term of membership on the Moab-Grand Council, a member of the Council shall not hold or occupy any other elective public office except for: (1) Public office held in an ex-officio capacity by virtue of his membership on the Moab-Grand Council. (2) Elective . public office which, by statute or by Moab-Grand ordinance, is expressly permitted to be held or occupied by a member of the Council. (b) The President and Other Members of the Moab-Grand CouncU are subject to all limitations applicable to the members of a board of county commissioners, together with any sanctions or penalties associated therewith, relating to prohibited interests and relationships. (c) The Moab-Grand Council and its individual members shall not interfere in the administration and, except as expressly provided by this Plan, shall not issue orders to any officer, agent or employee of the executive branch, either publicly or in private. The Council and its members shall deal with officers and employees who are subject to the direction and supervision of the Manager of Moab-Grand solely through said Manager, but they may fully and freely discuss with the Manager of Moab-Grafld any matters pertaining to executive policy, to the appointment and removal of personnel and to the discharge of duties and responsibilities of Moab-Grand. (d) No member of the Moab-Grand Council shall directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the Manager in the making of any appointment or removal of any officer or employee or in the purchase of supplies, attempt to exact any promise relative to any appointment from any candidate for Manager, or discuss directly or indirectly with him the matter of specific appointments to any Moab-Grand office or employment. A violation of the foregoing provisions of this subsection shall forfeit the office of the offending member of the Moab-Grand Council. Nothing in this section shall be construed, however, as prohibiting the Moab-Grand Council, while in open session, from fully and freely discussing with or suggesting to the Manager anything pertaining to Moab-Grand affairs or the interests of Moab-Grand. (e) Neither the Manager nor any person in the employ of Moab-Grand shall take part in securing, or contributing any money toward, the nomination or election of any candidate for a Moab-Grand office. ARTICLE in THE COUNTY MANAGER Section 3.01. Appointment of a County Manager for Moab-Grand The Moab-Grand Council, by a majority vote of its full membership, shall appoint a Manager, hereinafter referred to as "County Manager" and "Manager." The County Manager shall be the chief executive officer of Moab-Grand, except that he shall not have power to veto ordinances enacted by the Moab-Grand Council. The County Manager shall be appointed solely on the basis of his abilities, qualifications, integrity and prior experience relating to the duties of the office, including, but not limited to, abilities in public administration and executive leadership and shall possess such managerial capabilities as in the opinion of the Moab-Grand Council befit him to provide superior professional direction to the executive department of Moab-Grand. At the time of his appointment he need not be a resident of Moab-Grand, but he shall reside in Moab-Grand during his service in office. Section 3.02. Removal of the County Manager The Moab-Grand Council may remove the County Manager at any time at its pleasure, with or without cause. Except in the case of removal for proven malfeasance in office, upon removal of the County Manager the Moab-Grand Council shall cause the County Manager to be paid any unpaid balance of his salary due prior to the date of his removal, together with his salary at the same rate for the next four (4) calendar months following the date of his removal. Section 3.03. Powers and Duties of the County Manager The County Manager shall have the power and it shall be his duty to: (a) Faithfully execute and enforce all applicable laws, ordinance, rules and regulations and see that all franchises, leases, permits, contracts, licenses and privileges granted by Moab-Grand are observed and kept. (b) Carry out policies and programs established by the Moab-Grand Council. (c) Organize and direct the management of the executive affairs of Moab-Grand and in a manner consistent with this Plan. (d) Exercise supervisory and coordinating control over all offices, departments and agencies of the Moab-Grand government, including the exercise of administrative and auditing control over all funds, property and assets, both tangible and intangible, of Moab-Grand. (e) Coordinate the functions and operations of the several offices, departments and agencies of the Moab-Grand government subject to applicable provisions of this Plan, the administrative code and the merit system. In performing these duties, the County Manager may transfer employees, facilities and equipment from one office, department of agency to another Continued on D4 PUBLIC NOTICE Continued from D3 and may make alterations and modifications in operating procedures of, and internal changes or transfers in. the duties and functions assigned to offices, departments and agencies or to individual officers and employees, which, in his judgment, will promote efficiency and economy in the public service. Also, in the execise of this power, the County Manager may require any officer or employee in any executive office, department or agency of Moab-Grand to perform any service which such officer or employee may legally perform, in order to carry out any of the powers and duties vested in the County Manager. (f) Examine and inspect the books, records and official papers of any office, department, agency, board or commission of Moab-Grand and make any investigation and require any reports from any personnel. (g) Subject to the provisions of this Plan and of the Administrative Code, appoint, suspend and remove the heads of all Moab-Grand offices and departments. (h) Establish standards, qualifications, criteria and procedures to govern the appointments, by heads of offices, departments and agencies, or by other authorized officers, of divisional officers, assistants, deputies and employees within their respective organizational units, subject, however, to any applicable provisions of the merit system and Administrative Code. (i) Supervise and direct centralized budgeting, accounting, personnel management, purchasing and other service functions of Moab-Grand. (j) Prepare and submit to the Moab-Grand Council the annual budget for Moab-Grand. Subject to Article XI of this Plan and the Administrative Code, the budget shall be prepared and adopted in substantial conformity with the provisions of the Uniform Fiscal Procedures Act for Counties, and within the meaning of the said Act the County Manager shall be the "budget Officer" for Moab-Grand. (k) Provide for or conduct studies, evaluations and plans respecting any duties or functions of the executive branch and initiate or recommend to the Moab-Grand Council financial, administrative and operational improvements in the Moab-Grand Moab-Grand government. (1) Recommend to the Moab-Grand Council for its approval or rejection by majority vote, the creation, absolution or separation of any office, department, agency, board or commission of Moab-Grand. (m) Sign, or cause to be signed, on behalf of Moab-Grand, all deeds, contracts, conveyances and other documents or instruments, other than legislative acts of the Moab-Grand Council. (n) Submit to the Moab-Grand Council plans and programs relating to the development and needs of Moab-Grand and annual and special reports concerning the financial, administrative and operational activities of Moab-Grand offices, departments, agencies, boards and commissions, together with his evaluation and recommendations relating thereto. (o) Serve as the liaison officer of Moab-Grand in dealing with other governmental agencies and public offices for the development and improvement of effective intergovernmental relationships and cooperative arrangements. (p) Discharge any other duties specified by statute or imposed by the Moab-Grand Council. (q) Attend all meetings of the Moab-Grand Council and take part in its discussions and deliberations, but without the right to vote. (r) The President of the Council, or his designate, shall be acting County Manager in the absence or temporary incapacity of the County Manager. ARTICLE IV POWERS AND DUTIES Section 4.01. General Powers of the City and County of Moab-Grand Moab-Grand is a body of corporate and politic, having perpetual succession and may sue and be sued. Subject to any applicable qualifications or limitations imposed by the United States or Utah Constitutions, by statute, or by this Plan, it has the following powers and duties: (a) The combined powers and duties of all former governments that are hereby, or may hereafter be, consolidated into Moab-Grand. (b) All powers which the Constitution and laws of the State of Utah either now or hereafter expressly or impliedly grant or allow to any county, as fully as though each of said powers was specifically enumerated in this Plan. (c) All powers which the Constitution and laws of the State of Utah either now or hereafter expressly or impliedly grant to any city or town of any class, as fully as though each of said powers was specifically enumerated in this Plan. (d) All other powers which the Legislature could validly confer upon a town, city or county and which are not expressly denied by the Constitution, by a general law applicable to all town or all cities or all counties, or by a specific restriction in this Plan. (e) The power to provide all authorized governmental services and functions within its territorial jurisdiction and such extraterritorial jurisdiction as may be provided by law, in the manner and to the extent authorized by the Moab-Grand Council. (f) Governmental services of any kind may be provided by Moab-Grand jointly with or for other governmental agencies and may be provided by other governmental agencies jointly with or for Moab-Grand, by contract, pursuant to the Inter-Local Cooperation Act (Utah Code Annotated, 1953, as amended, Sections 11-13-1 to 11-13-24). (g) In addition to any services provided pursuant to this Plan, Moab-Grand may provide other, additional or extended services to any part of Moab-Grand in accordance with an approved program for local governmental services. Such services may be financed and administered through the establishment of county service areas, special assessment procedures, special service charges and fees or other fiscal arrangements whereby the beneficiaries of such other or additional services pay for additional cost thereof. (h) the powers conferred upon Moab-Grand are cumulative in nature. In the event of a conflict between statutes conferring power upon Moab-Grand, the broader grant of power shall prevail in the absence of explicit legislative provisions to the contrary. (i) The power of Moab-Grand shall be construed liberally in favor of the Moab-Grand government. The specific mention, or failure to mention, particular powers shall not be construed as limiting in any way the general power of the Moab-Grand government or the powers conferred upon Moab-Grand by this Plan. ARTICLE V ADMINISTRATIVE OFFICES, DEPARTMENTS AND AGENCTES Section 5.01. General Provisions (a) All activities of the Executive Department of Moab-Grand under the direction and supervision of the County Manager shall be distributed among such offices, departments and agencies as are established by this Plan or may be established hereunder by ordinance of the Moab-Grand Council. (b) Each office, department or agency shall be administered by an officer appointed as provided in this Plan. With the consent of the Moab-Grand Council, the heads of offices, departments and agencies may be appointed to serve as head of one or more such offices, departments and agencies, and the County Manager may serve also as a department head. (c) Whenever the official name of the head of an office, department or agency is used in any law conferring powers or imposing duties and liabilities, it shall be construed to include the divisional officers, assistants and deputies serving under him. 4 PUBLIC NOTICE (d) The County Manager may appointe or employ, from time to time, one or more persons or firms to art in an advisory or consultative capacity to himself or to the head of any office, department or agency of the legislative, executive or judicial departments of Moab-Grand, with the consent of the Moab-Grand Council. Section 5.02. Office of the County Manager The office of the County Manager shall include the following management functions and systems which the County Manager may perform or which may be performed by others under the direction of the County Manager. (a) Personnel. The personnel management system shall include the customary functions of a personnel office. It shall be subject to such personnel system rules as may apply, including, but not limited to, a preparation and recommendation of personnel rules, regulations and procedures, position classification and compensation studies, employee orientation and training and management-employee relations. The personnel system shall insure that personnel actions are based upon merit and fitness as demonstrated, insofar as practicable, by competitive examination or other evidence of competence and that no employee or applicant for employment with Moab-Grand shall be unlawfully discriminated against in any personnel action by reason of race, color, religion, creed, sex, political affiliation or national origin. (b) Analysis and Budget. The analysis and budget system shall include analysis and recommendations for improvements in Moab-Grand organization, operations, procedures, methods, performance, productivity and effectiveness, shall require the preparation of annual and long-range operating and capital budgets and shall oversee Moab-Grand expenditures. (c) Information Systems. The information system shall provide for the operation and maintenance of a central data processing and information system insofar as is practicable for serving all offices, departments and agencies within the Moab-Grand government. (d) Intergovernmental Relations. The intergovernmental relations functions shall provide for the study of and make recommendations regarding all governmental and private programs that substantially affect Moab-Grand government and its operations, the coordination of grant applications and grant administration, the maintenance of continuing contacts with other governmental jursidictions and shall provide public information for the Moab-Grand government. Section 5.03. Law Department (a) There shall be a law department, which shall be headed and directed by the Moab-Grand Attorney. (b) The Moab-Grand Attorney shall be elected by the qualified voters of Moab-Grand as provided in Article VIII, Section 10, of the Constitution of the State of Utah. His duties shall be prescribed by the Legislature of the State of Utah and shall include all duties assigned to County Attorneys and Attorneys of cities of the third class. In all cases where the Moab-Grand Attorney shall be unable, or shall fail or refuse to attend and prosecute according to the law, the Moab-Grand Council shall have power by majority vote to appoint an attorney pro tempore to provide the legal services needed by Moab-Grand or any of its departments, offices, agencies or officers in the performance of their duties and responsibilities. (c) The Moab-Grand Attorney shall be compensated as determined by the Moab-Grand Council. (d) The Moab-Grand Attorney shall serve as legal adviser to the Moab-Grand Council and all executive officers of Moab-Grand, defend Moab-Grand in all actions against it and serve as Moab-Grand prosecutor and perform all duties assigned by the State of Utah to City and County Attorneys. He also shall, if necessary and to the extent provide by ordinance, defend any officer or employee of Moab-Grand in any civil, action brought against him for an act or omission allegedly occuring in the course and scope of his employment by Moab-Grand. Nothing in this section shall prevent the appointment of independent legal counsel to the Moab-Grand Council. (e) The Moab-Grand Attorney and Assistant Attorneys shall be members of the bar in good standing. Section 5.04. Planning and Community Development Department There shall be a planning and community development department, headed by a Planning and Community Development Director appointed by the County Manager, in the manner provided by this Plan. The powers, duties and responsibilities of the planning and community development department shall , include the following: (a) To continuously collect, organize and analyze data and other information needed for current and long-range research related to Moab Grand economic, social, physical and environmental prooiems. (b) To prepare and maintain up-to-date plans for dealing with current, emerging and future problems that confront Moab-Grand. (c) To review and make recommendations on major plans . and proposed programs of Moab-Grand offices, departments and agencies with the aim of correlating such plans and programs in the interest of responsive, effective, productive and economical public service. (d) To provide technical information and advice to the Moab-Grand Council, the County Manager and the heads of all Moab-Grand offices, departments and agencies on planning and related matters. (e) To administer laws, regulations and rules related to land use, zoning and subdivision control. (f) To develop and enforce building and housing code standards. (g) To exercise environmental pollution control. (h) To acquire and manage real property assigned to general public use, including civic auditoriums. s, (i) To administer programs of area economic promotion and development. (j) To devise and administer programs for community development and redevelopment. Section 5.05. Finance Department There shall be a finance department, headed by the County Manager in the manner provided by this Plan.The organization, powers, duties and responsibilities of the finance department shall be as follows, unless otherwise provided by ordinance ol the Moab-Grand Council: (a) The finance department shall consist of the divisions of assessing, accounting, treasury, purchasing and central services. The finance department shall advise the Moab-Grand Council on fiscal maters, make allocations of appropriated funds to assure that expenditures are apportioned through the year and pre-audit all proposed expenditures of funds to assure sufficiency of funds and legality of expenditures. (b) The assessing division shall be headed by a Moab-Grand Assessor who shall be appointed by the County Manager from a list of persons certified by the Satae Tax Commission as having qualified themselves by experience and examination. The Moab-Grand Assessor shall assess all property within Moab-Grand, including all tax-exempt property if so authorized and directed by ordinance of the Moab-Grand Council at the time and in the manner prescribed by the general laws of the State of Utah and the provisions of this Plan, and shall perform such other duties not inconsistent with such laws and the provisions of this Plan as the Moab-Grand Council may by ordinance require. (c) The accounting division shall be headed by a Chief Accountant or by the County Manager functioning as the Chief Accountant. The accounting division chall prescribe the accounting system for all organizational units of Moab-Grand, which system shall include modern provisions for performance and cost accounting. (d) The treasury division shall be headed by the PUBLIC NOTICE Moab-Grand Treasurer, appointed by the County Manager in a maner provided by this Plan. TK- V.vih-Grand Treasurer collect all taxes and license fees, rental fees, special assessments and all other Moab-Grand revenues, have custody of all Moab-Grand money and bank deposits and collateral, invest all money permitted by law for the Moab-Grand government, pay all Moab-Grand bills, warrants and other claims against Moab-Grand, when authorized by the County Manager, and perform such other duties as the County Manager shall prescribe. (e) The purchasing division shall be headed by the Purchasing Agent or the County Manager functioning as the Purchasing Agent. It shall be the responsibility and duty of the Purchasing Division to: (1) Purchase, store and distribute all supplies, material and equipment for Moab-Grand and for its departments, offices and agencies in the manner and with such exceptions as may be provided by the administrative code. (2) After consultation with the heads of the using units concerned, establish and enforce suitable specifications and standards for all supplies, materials and equipment to be purchased for Moab-Grand. (3) Inspect or supervise the inspection of all deliveries to determine their quality, quantity and compliance with these specifications and standards and accept or reject the deliveries in accordance with the results of such inspections. (4) Have charge of any general storerooms and warehouses which the Moab-Grand Council may provide and provide maintenance services and repairs for all Moab-Grand buildings. (5) Make transfers of supplies, materials and equipment between Moab-Grand departments, offices and agencies, sell surplus, obsolete or unsued or waste supplies, materials and equipment and make any other sales authorized by the Moab-Grand Council. (6) Have charge of the acquisition and management of real property used for Moab-Grand administrative purposes. Before making any purchase or sale, the Purchase Agent shall invite competitive bids under such rules and regulations and with such general exceptions as may be prescribed by the administrative code. The Council may not exempt individual contracts, purchases or sales from the requirement of competitive bidding. The purchasing division shall not furnish any supplies, materials, equipment or contractual services to any Moab-Grand office, department or agency unless: (1) The purchasing division has received therefor a requisition executed by an authorized officer or employee as defined by the Council. (2) The County Manager has first verified the appropriation, allotment and availability of funds therefor. (f) The central services division shall be headed by a Central Services Manager or the County Manager functioning as the Central Services Manager. The division may provide mail service, custodial service, duplicating services and such other central administrative services as shall from time to time be assigned to the division in the interest of efficiency and economy of operation. Section 5.06. Office of Clerk-Recorder There shall be an office of Clerk-Recorder, headed by a Clerk-Recorder appointed by the County Manager in the manner provided by this Plan. The office of Clerk-Recorder shall have all the functions, responsibilities and powers previously possessed by the offices of County Clerk, County Recorder, Special District Clerk and City Recorder in the county, municipality and special districts consolidated under this Plan, including court-related functions, responsibilities and powers provided by . law. The office of Clerk-Recorder shall serve as the official records management agency and archives of Moab-Grand. The Clerk-Recorder or one of his deputies or assistants may serve as Secretary to the Moab-Grand Council, if so assigned by the Council. Section 5.07. Public Safety Department There shall be a public safety department, headed by a Public Safety Director appointed by the County Manager in the manner provided by this Plan. The public safety department shall be charged with responsibility for protection of life and property. Except as otherwise provided by law, the authority of the Public Safety Director includes, but without limitation thereto, the powers and duties of a County Sheriff and of the Chief of Police and Fire Chief of a city of the third class. The public safety department shall have power and responsibility for administration of the following: (a) Protective police patrol, identification, crimina investigation, detection and prevention and jail functions o: Moab-Grand. (b) Traffic engineering. (c) Fire prevention, fire control and fire fighting. (d) Ambulance and other emergency service. (e) Civil defense and disaster services. (f) Laws pertaining to weights and measures. Section 5.08. Health and Cultural Development Department There shall be a health and cultural development department headed by a Director appointed by the County Manager in the manner provided by this Plan. The health and cultural development department shall have the powers and responsibilities necessary to perform the following functions: (a) Health and hospital services. (b) Libraries. (c) Cultural, recreational and vocational programs. (d) Social services counseling. Section 5.09. Public Works Department There shall be a public works department, headed by a Public Works Director, appointed by the County Manager in the manner provided by this Plan. The public works department shall have the powers and responsibilities necessary to perform the following functions: (a) Plan, construct and maintain streets and highways within Moab-Grand. (b) Develop and administer flood control facilities and programs. (c) Collect and dispose of refuse, garbage and trash. (d) Develop and maintain parks and cemeteries. : (e) Administer mosquito control and abatement programs. lf Provide engineering services. (g) Construct and maintain public facilities. (h) Provide vehicle maintenance services through centralized management at decentralized locations as needed. (i) Manage and operate airports and other transportation systems. Section 5.10. Utilities Department There shall be a utilities department, headed by a Utilities Director, appointed by the County Manager in the manner provided by this Plan. The utilities department shall have the powers and responsibilities necessary to perform the following functions: (a) Construct, maintain, manage and operate systems ot water supply, treatment, storage and distribution. (b) Construct, maintain, manage and operate the system of sanitary sewers and sewage treatment and disposal facilities. (c) Construct, maintain, manage and operate all other public utility systems owned, acquired or operated by Moab-Grand. Except as otherwise provided by law, the utilities department may provide'water or other utilities services retail to any other persons within or outside of Moab-Grand. Section 5.11. Organization of Other Offices, Departments and Agencies All governmental functions and activities of Moab-Grand not assigned by this Plan shall be placed and organized into departments and other organizational units as directed by the County Manager. However, the Moab-Grand Council may i provide by ordinance for the creation or abolition of specific departments and other organizational units and assign functions ' " thereto, transfer functions therefrom or discontinue functions and activities. ,moW ARTICLE VI (!"v ( THE PERSONNEL SYSTEM ,Er(the Section 6.01. Exempt and Classified Positions. fU All positions in Moab-Grand government shall be cither f mini exempt or classified. Exempt positions shall be those positions mb' which are filled by: rorr (a) All elected officials. r (b) All persons appointed to fill vacancies in elective offices. j du (c) The heads of each major department or division charged directly with the execution of policy. (The Council shall .,jvjti determine which departments or divisions are major departments or divisions in this regard and shall seek to limit the j n0 number of exemptions.) 1 ia Tho fViiintv Miinnopr. P" x in. v-v...f s--- (e) Administrative assistants and confidential secretaries to h ,j, elected officials. s" pa (f) Non-career personnel who are professionals employed ffl part-time and are paid for any form of medical, scientific, legal or other professional service. (g) Non-career employees compensated for their services on a seasonal, contractual or emergency basis, whose appointments are made by the Council. 5w (h) Members of boards, commissions, committees or . volunteers. s All other positions shall be classified. Coun1 Section 6.02. Administrative Coordination ongir The County Manager, working through or functioning as the 'or a Personnel Director, shall be responsible for coordinating the em administration of the personnel system with other Moab-Grand lneir management functions and systems. dutie Section 6.03. Personnel Rules and Regulations , by th Under the direction of the County Manager, the Personnel sha1' Director shall prepare such rules and regulations as may be oflh necessary to effectively administer the personnel system, except 1 Boar that if no Personnel Director position is established, the County Publ Manager shall prepare such rules and regulations. The rules and regulations shall provide for: and (a) The classification of all positions, except that classification of exempt positions shall be for pay-setting purposes only, orde minimum qualifications for all classified positions, methods or enfo determining such qualifications and methods of selection for j or o such positions. ' Pw (b) Probationary periods, promotions and transfers. I app (c) Causes for removal from positions and methods of removal, ; prov including demotions, leave without pay and reduction ot statf. (d) Grievance procedures, excluding hearings before a j subj Personnel Board as herein provided for. Moi (e) Policies regarding in-service training programs. app (f) Annual, sick and other leave. , pan (g) Maintenance of personnel records and similar personnel ! circ matters. wot (h) Other policies and procedures necessary to the Und administration of the personnel system. Such rules and regulations, upon adoption by the Moab-Grand Council, shall 0fy have the force and effect of law. . pur Section 6.04. Personnel Board stai There shall be a Personnel Board consisting of five (5) qualified voters of Moab-Grand appointed to the Board on a by non-partisan basis for terms of five (5) years. Of those first & appointed, one shall be appointed to serve for a one (1) year term, one for two (2) years, one for three (3) years, one for four , tjm (4) years and one for five (5) years from the effective date of this J de, Plan. Thereafter, one member shall be appointed each year for I Co the- full. .term of Eve. (5) .years., Appointment to . the , Personnel i Mc "Board shall be made by the County Manager with approval by a ' us( majority vote of the Moab-Grand Council. A member of the agl Board may be removed only for cause by the County Manager , rac subject to approval by a majority vote of the Moab-Grand M( Council. The Countv Manager shall designate a member of the s Board as Chairman." No member of the Board shall hold elective an political office or be a candidate in any campaign for any political an or public office during his or her term of office. ln The Personnel Board shall have the power and duty to: pr (a) Provide to any employee in a classified position against 0( whom charges are made or action is taken affecting his or her pr : status as a Moab-Grand employee, as a matter or right, an . 0( opportunity for a hearing before the Personnel Board. Charges bf 1 against such an employee shall be stated in writing in such form sf as the Board shall require. Decisions of the Board in such p I appeals shall not be subject to review except by a Court of c f competent jurisdiction. , m (b) Hear and decide for Moab-Grand appeals from any action g( pertaining to the methods of examination, certification or s, preparation of elibibility list for appointment or promotion. i e, (c) Advise, consult and make recommendations as appropriate b to Moab-Grand officials on matters concerning the fc administration of the personnel system and rules and regulations 0 pertaining thereto. . , ' (d) Carry out such other functions as may be assigned to it oy n ordinance of the Moab-Grand Council. p Section 6.05. Determination of Salaries and Wages. e The level and range of salaries and wages of both classified and exempt positions shall be determined in accordance with classification and salary plans. For such plans to become a effective they shall be submitted by the County Manager to tne , Moab-Grand Council for action thereon. Salary levels and ranges . for each class of position shall be determined with due regard to. , (a) The salary level and range for other classes. , (b) The relative difficulty and responsibility of characteristic , duties of positions in the class. (c) The minimum qualifications required. (d) The prevailing rates paid for similar employment within the Moab-Grand area. (e) Any other factors that may be properly considered to have a bearing upon the fairness and adequacy of the level and range o compensation paid to Moab-Grand officials and employees. Section 6.06. Political Activities (a) No classified Moab-Grand employee may hold any elective political office of Moab-Grand during his or her employment. (b) No employee, official or person shall solicit an) assessments, contributions or services for any political par)' from any classified employee of Moab-Grand. (c) Nothing herein contained shall affect the right ot tn employee to hold membership in, and support, a political pa to vote as he chooses, to express privately his opinions on a political subjects and candidates, to maintain political neutral, and to attend political meetings. Section 6.07. Retention of Employment Rights Whenever an employee of Moab-Grand in classified service appointed to an unclassified position, except for malfeasance misfeasance in office, he shall be returned to a position in classified service which bears equal or greater responsibility equal or higher compensation than the position which he just prior to being designated to an unclassified position. ARTICLE VII PLANNING The planning function of Moab-Grand shall encPors social, economic, physical, environmental and political a Also, it shall include major administrative research and pia studies aimed at improvement of service delivery s'sle" and the correlation of intra-governmental, inter-govcrnmen governmentalprivate activities to solve problems. Section 7.01. Planning Advisory Committee . (a) The Moab-Grand Council shall appoint a ria Advisory Commitce of not less than five (5) nor more than . (7) members, none of whom shall hold any other olti . Continued on D5 j I PUBLIC NOTICE 7 Continued from D4 employment with Moab-Crand. The Council shall prescrihe th. tcrms of office of the Planning Advisory CbmndlK but the Committee shall choose its own officers and M m- u own ru,es of procedure. Members of th..SJ Comml,ee shal rece.ve no compensation but shfll reCe2 reimbursement of necessary expenses incurred In Z performance of their duties. ln lne (b) The Planning Advisory Committee shall have the power and duty to: uwer (1) Promote public interest in Moab-Grand planning activities. r s (2) Keep informed on matters pertaining to planning ,d hold heanngs concern.ng matters related to planning when appropriate. (3) Formulate and develop planning proposal, for emission to the Moab-Grand Council, the County NUnal ' o .he Planning and Commun.ty Development Director, when in the Committee s judgment the interests of Moab-Grand indicate (4) Report its recommendations and advice to the requesting body or official when its counsel and advice are requested on any matters pertaining to planning. Section 7.02. Board of Appeals (a) There shall be a Board of Appeals (adjustment) which shall consist of five (5) members appointed by the Moah r,rL Council for terms of three (3) years, except thlt of te members originally appomted one shall serve for a one (1) year term on for a two (2) year term and one for a three (3) year term Members shall serve without compensation but shall receive their necessary expenses incurred in the performance of their duties. Any members of the Board of Appeals may be removed by the Moab-Grand Council after a public hearing. The Council shall fill by appointment all vacancies for the unexpired balance of the term. The Council shall designate the Chairman of the Board of Appeals. Meetings of the Board of Appeals shall be public and the Board shall keep minutes of its proceedings. (b) The Board of Appeals shall have the following powers and duties: (1) To hear and determine appeals from any decision or order of any department, office or agency charged with the enforcement of the zoning plan, wherever error in such decision or order has been alleged. Upon such an appeal, the Board's power shall be limited to a review of the decision or order appealed and shall not extend to granting any variance from the provisions of the zoning plan. (2) To hear and determine petitions for variances and, subject to such principles, conditions or procedures as the Moab-Grand Council may by ordinance provide, to vary the strict application of any provision of the zoning plan to any specific parcel of land when, by reason of peculiar and unusual circumstances pertaining to such parcel, such strict application would deprive the owner of the reasonable use thereof or cause undue hardship. (3) To hear and determine, on application therefor, all other matters which the Board may be required to pass on pursuant to the terms of the zoning plan and subject to the standards and requirements prescribed therein. (4) To perform such other duties as may be prescribed by the Moab-Grand Council or by law. Section 7.03. The Moab-Grand Plan. (a) The Moab-Grand Council shall adopt and from time to time review and if necessary amend a Moab-Grand plan for the development of Moab-Grand. The plan shall set forth the Council's policy regarding the physical development of Moab-Grand, including recommendations for the most desirable use of land within the county for residential, recreational, agricultural, commercial, industrial and other purposes, for the most desirable density of population of the several parts of Moab-Grand, for a system of principal thoroughfares, highways, -streets and other public ways, for airports, parks, playgrounds and other public open spaces, for the general location, relocation and improvement of public buildings, for the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, sewerage, light, power, transit and other purposes, for the extent and location of public housing projects, for adequate drainage facilities and control and for such other matters as may, in the Moab-Grand Council's judgement, be beneficial to Moab-Grand. The Moab-Grand Council plan shall contain a statement of the objectives, standards and principles sought to be embodied therein. The Moab-Grand Council may adopt the Moab-Grand plan by a single resolution or may, by successive resolutions, adopt parts of the plan, whether geographical or functional, and amendments thereto. The plan shall be based on studies of physical, social, economic, environmental and governmental conditions and trends and shall be designed to assure the coordinated development of Moab-Grand and to promote the general welfare and prosperity of its people. The Moab-Grand Council may also adopt plans for the redevelopment and improvement of communities, districts or neighborhoods which, in its judgment, are affected by special problems or show a trend toward lower land values and social, economic and environmental deterioration. (b) The Moab-Grand Council shall adopt by ordinance an official map of rights-of-way and open spaces in Moab-Grand and proposed modifications thereof, showing all existing and legally established highways, streets and other public ways, and all existing airports, parks, playgrounds and other pu-'ic open spaces, and all existing rights-of-way for surface wa; linage, " well as all public highways, streets, other public ways and airports, parks, playgrounds and other public open spaces and all rights-of-way for surface water drainage which Moab-Grand proposes to establish pursuant to the Moab-Grand plan; but the Placing of any street or street lines upon the official map or the approval of any plat or the mapping of any rights-of-way for surface water drainage shall not constitute the opening of any land for street or surface water drainage purposes. (c) The Moab-Grand Council shall exercise control by ordinance over platting or subdivision of land and by ordinance shall adopt regulations, pursuant to the Moab-Grand plan and 'he official map, governing the subdivision of land in order to obtain a convenient and properly coordinated system of public I hiohu,oo -j adennate provision for surface and flood water drainage, public utilities, public open spaces and other public uses and secure properly coordinated design of separate subdivisions. All highways and streets on any Plat approved by the Moab-Grand Council shall be included m "i official map of Moab-Grand upon the filing of such plat with he proper department, office or agency. (d) The Moab-Grand Council shall adopt by ord.nance a zoning plan (including zoning maps and regulations) and Proposed modifications thereof which zoning plan may regulate lhe height, number of stories, size and character of buildings and o'her structures, the percentage of the area of the lot that may be fxpied, the size of yards, courts, and other open spaces, the de"sity of population and the location and use of buildings, structures and land for residential, recreational, agncu tural , wmmercial, industrial and other purposes and the height, size " location of advertising signs and billboards. The zoning plan : f divide Moab-Grand into districts of such number, shape and as may be best suited to carry out the purposes of this anic'e and it may regulate the erection, construct.on instruction, alteration or use of buildings or structu re i and he use of land throughout Moab-Grand or within such d stnets ; Nations shall be uniform for each class or kind of buddings r structures within each district, but the regulations in one d!SWct differ from those in another district. ZgA "e designed to carry out the purpose of the Moab-Grand a" and shall be prepared with reasonable consider, on of he fcter of the several parts of Moab-Grand and the r pecul ar Ability for particular use. and types of development and w,h lv,e to preventing substantial inharmonious uses of land PUBLIC NOTICE buildings adjoining Moab-Grand and other public property, including sireels and highways, and to encouraging the most appropriate use of land throughout Mmh-O.nnd. ARTICLE VIII FINANCIAL PROCEDURES '"" 8-01- Fiscial Year "d Conformity of Fiscal Procedures r'scal ycar of Moab-Grand shall conform to the fiscal year for counties as established by State Statute. Financial procedures not contained in this article and the Adm,lsl llve Cod for Moab.Grand shaH conform tQ -J .'. TJ Procedures Act for Counties", Title 17. Chapter Jh. Utah Code Annotated. 1953. as amended, and the budget shall be prepared and adopted in substantial conformity with the provisions of said Ac. Within the meaning of said Act the Analysis and Budget Manager of Moab-Grand or the County Manager holding said office shall be the "budget officer" for Moab-Grand. Section 8.02. Capital Program Attcr the first year of operations as a consolidated city and county, ihe County Manager or his designee shall prepare and submit to the Moab-Grand Council a six (6) year capi.al program at least three (3) months prior to the final date for submission of the budget. The capital program shall include: (a) A clear general summary of its contents. (b) A list of all capital improvements which are proposed to be undertaken during the six (6) fiscal years next ending, togeiher with a lisl of each capital project for which down payment or oilier expenditure is recommended for the ensuing fiscal year. (c) Cost estimates, method of financing and recommended time schedules for each such improvement. (d) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. Section 8.03. Council Action on Capital Program The Moab-Grand Council shall publish in one or more newspapers of general circulation in Moab-Grand the general summary of the capital program and a notice stating: (a) The times and places where copies of the capital program are available for inspection by the public. (b) The time and place, not less than two (2) weeks after such publication, for a public hearing on the capital program. The Moab-Grand Council by resolution shall adopt the capital program with or without amendment after the public hearing. Section 8.04. Budget Establishes Amount to be Raised by Property Tax ' Adoption of the budget shall constitute a levy of the property tax for general county purposes therein proposed. Section 8.05. Allotments of Appropriations At such time as the County Manager shall specify, each department, office or agency shall submit work programs for the ensuing fiscal year showing the requested allotments of its appropriation by quarter within the year. The County Manager shall review and authorize such allotments with or without revision as early as possible in the fiscal year. He may revise such allotments during the year if the deems it desirable and shall revise them to accord with any supplemental, emergency, reduced or transferred appropriations. Section 8.06. Payment and Obligations Prohibited No payment shall be made or obligation incurred against Moab-Grand except in accordance with appropriations duly made and unless the County Manager or his designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation of the provisions of this Plan shall be void and any payment so made illegal. Such action shall be cause for removal of any officer who knowingly authorized or made such payment or incurred such obligation, and he shall be also be liable to Moab-Grand for any amount so paid. However, except where prohibited by law, nothing in this Plan shall be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, provided that such action is made or approved by ordinance. Section 8.07. Bonds The Moab-Grand government shall have the authority to incur indebtedness, and for that purpose may issue any duly authorized bonds, certificates of indebtedness or any form of tax anticipation notes and bonds. All bonds issued by Moab-Grand shall be sold at public sale and after being duly advertised shall be awarded to the bidder whose bid produces the lowest net interest cost for such bonds, calculated in the manner the Moab-Grand Council may prescribe. The Council shall reserve the right to reject any and all bids. ARTICLE IX CITIZEN INVOLVEMENT LN GOVERNMENT Section 9.01. Purpose The purpose of this article is to encourage citizen involvement in government. Public officials are encouraged to call upon citizens for assistance in solving the problems of Moab-Grand. Section 9.02. Extent of Citizen Involvement The Moab-Grand Council, the County Manager and the heads of offices, departments and agencies shall, where appropriate, seek to involve citizens in the consideration, formulation, adoption and evaluation of major policies. All meetings of the Moab-Grand Council shall be open to the public except executive sessions which may be held but only for the purpose of discussion of personnel, land acquisition or law suits. No final action shall be taken at executive sessions. Meetings other than executive sessions shall be held in a public place after adequate public notice except in emergencies as provided in Article II. Within the bounds of reasonableness, the County Manager and the Moab-Grand Council shall hold public hearings and in other ways solicit citizen comment on policies nnHpr consideration. All records, files and archives of Moab-Grand shall be regarded as public records. Individual citizens or citizen groups may have access to all public records with the exception of personnel records, to which access may be gained only by Court order. However, any employee or former employee of Moab-Grand shall have access to his own personnel records. In all cases, requests for information and records shall be honored with reasonable assistance by departments and officers receiving such requests. Response to expressed citizen interest and concern about Moab-Grand affairs shall be reflected through: (a) Accessibility of public officials and offices. (b) Full communication with non-governmental citizen organizations such as civic and community organizations, neighborhood organizations, voting district organizations and interested individuals. (c) Assistance to persons seeking information about Moab-Grand government. Citizen involvement shall include, but not be limited to, the provisions of this section. v ARTICLE X INITIATIVE AND REFERENDUM Section 10.01. General Authority (a) The qualified voters of Moab-Grand shall have power to propose ordinances to the Moab-Grand Council and, if the Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a Moab-Grand election, provided that such power shall not extend to the budget or capital program or any ordinace relating to appropriation of r I PUBLIC NOTICE money, levy of taxes or salaries of Moab-Grand officers or employees. (b) The qualified voters of Moab-Grand shall have power to require reconsideration by the Moab-Grand Council of any adopted ordinance and, if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at a Moab-Grand election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. (c) The power to propose and require reconsideration of ordinances and the power to approve or rescind ordinances at Moab-Grand elections as provided by this section shall extend to all actions, appointments, suspensions or removal of the County Manager and the heads of all Moab-Grand offices, departments, and agencies, and all appointive offices of boards, committees and commissions. Section 10.02. Commencement of Proceedings; Petitioners' Committee; Affidavit Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the Secretary of the Moab-Grand Council an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the Secretary shall issue the appropriate petition blanks to the petitioners' committee. Section 10.03. Petitions (a) Initiative and referendum petitions must be signed by qualified voters of Moab-Grand equal in number to at least twenty-live percent (25) of the total number of qualified voters registered to vote at the last general election. (b) All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the paper, the number of signatures, thereon, that all the signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Referendum petitions must be filed within thirty (30) days after adoption by the Moab-Grand Council of the ordinance soughl to be reconsidered. Section 10.04. Procedure After Filing (a) Within twenty (20) days after the petition is filed, the Secretary of the Moab-Grand Council shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Secretary within two (2) days after receiving the copy of such certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements as to form, content and affidavits provided in this Plan, and within five (5) days after it is filed the Secretary shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of the original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request Council review within the time required, the Secretary shall promptly present his certificate to the Council and the certificate shall then be a final determination as to the sufficiency of the petition. (b) If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two (2) days after receiving the copy of such certificate, file a request that it be reviewed by the Council. The Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Council's determination shall then be a final determination as to the sufficiency of the petition. (c) A final determination as to the sufficiency of a petition shall be subject to Court review. A final determination of insufficiency, even if sustained upon Court review, shall not prejudice the filing of a new petition for the same purpose. Section 10.05. Referendum Petitions; Suspension of Effect of Ordinance When a referendum petition is filed with the Secretary of the Moab-Grand Council, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate upon the latest of the following events: (a) A final determination of insufficiency of the petition, whether or not judicial review of that determination is sought. (b) Withdrawal of the petition by the Petitioners' committee. (c) Passage of thirty (30) days following approval of the ordinance by the voters. Section 10.06. Action on Petitions (a) When an initiative or referendum petition has been finally determined sufficient, the Moab-Grand Council shall promptly consider the proposed initiative ordinance, or reconsider the referred ordinance, by voting its repeal. If the Council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirtv (30) davs after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of Moab-Grand. (b) The vote on a proposed or referred ordinance shall be held not less than thirty (30) days and not later than one (1) year from the date of the final Council vote thereon. If no regular Moab-Grand election is to be held within the period prescribed herein, the Council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the Council may in its descretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls. (c) An initiative or referendum petition may be withdrawn at any time prior to fifteen (15) days preceding the day scheduled for a vote by filing with the Secretary of the Moab-Grand Council a request for withdrawal signed by at least four (4) members of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. Section 10.07. Results of Election (a) If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Moab-Grand Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. ARTICLE XI GENERAL PROVISIONS Section 11.01. Adoption of the Plan This Plan shall be adopted, subject to the provisions of Article I, when approved by the affirmative vote of a majority of those voting on the question of its approval at an election to be held on November 2, A.D. 1976. Section 11.02. Amendments to the Plan (a) Amendments to this Plan may be proposed in the following ways: (1) By a majority vote of the Moab-Grand Council. (2) By a petition signed by qualified voters of Moab-Grand equal in number to at least fifteen percent (15) of the total number of qualified voters registered to vote at the last general election in Moab-Grand. (b) Proposed amendments to this Plan shall become part of this Plan when approved by a two-thirds vote of all members of the Moab-Grand Council, except that no amendment which is contrary to a specific requirement of the law authorizing optional plans of county government as said law applies to this Plan shall be effective unless submitted to and approved by a majority of the voters casting a vote on the question at a general or special election. (c) The determination as to whether a proposed amendment shall be voted on at a special or general election shall be made by majority vote of the Moab-Grand Council. Section 11.03. Separability If any provision of this Plan is held invalid, the other provisions of this Plan shall not be affected thereby. If the application of this Plan or any of its provisions to any person or circumstance is held invalid, the application of this Plan and its provision to other persons or circumstances shall not be affected thereby.