Parowan

Section 17-1-1. Library Board Section 17-1-2. Organization of the Board, Section 17-1-3. Vacancies Section 17-1-4. Duties of Library Board Section 17-1-5. Reports Section 17-1-6. Use of Library Section 17-1-7. Removal of Books Section 17-1-8. Destroying, Damaging, or Keeping Library Property

17-1-1. Library Board. Parowan City Public Library shall be governed by the Library Board which is hereby established. The Board shall consist of 7 directors whose powers, duties and terms shall be as provided in this Chapter and Utah State Law. One member of the Library Board shall be the Mayor or his designated representative from the City Council. All other members of the Board shall be citizens of Parowan and shall not be members of the Parowan City Council. The librarian of the Parowan City Library may be a member of the governing board, if appointed, but in any case, shall serve as the executive officer of the governing board. The City Manager shall be an ex-officio member of the Library Board.

17-1-2. Organization of the Board, Terms of Office. Members of the Library Board shall be appointed for 3 year terms, or until their successors are appointed. Initially, appointment shall be made for 1, 2 or 3 year terms. Annually thereafter, the governing board shall, before the first day of July of each year, appoint for 3 year terms, library board members to take the place of the retiring members. Members shall serve not more than 2 full terms in succession. Following such appointments, the Library Board members shall meet and elect a Chairman and such other officers as may be deemed necessary for 1 year terms. The governing body of Parowan City may remove any board member for misconduct or neglect of duty. Said board member shall serve without compensation and each shall, before entering upon the duties of such office take and subscribe the constitutional oath of office. The members of the Library Board shall be appointed by the Mayor with the advice and consent of the City Council.

17-1-3. Vacancies. Any vacancies in the Board of Directors, occasioned by removals, resignations, or otherwise, shall be filled for the unexpired term in the same manner as original appointments.

17-1-4. Duties of the Library Board. The Library Board shall make and adopt such rules for its own conduct and for the government of the Library as are consistent with City Ordinances and State Law. The Library Board shall have control of those monies collected for the benefit of the Library and shall have care and custody of the rooms and building set apart for the Library. All money received by the City for the Library shall be deposited in the City Treasury and credited to the Library fund which is hereby established. Said funds shall not be used for any purpose except that of the City Library. All monies collected by the Library shall be deposited in the same fund. The Library Board shall initiate purchase requests through the City Office by use of the purchase order system in standard purchasing procedure authorized by the City. The Board shall appoint a Librarian and such assistants and other persons as it deems necessary for the operation of the Library. Compensation for such persons shall be fixed by the governing body. The Board may remove any of its appointees at will, subject only to the requirements of the Parowan City Personnel Manual.

17-1-5. Reports. The Library Board shall make on or before March 1, of each year, an annual report to the governing body stating the current condition of the Library, including the various funds received for the Library, expenditures, and the purposes thereof, and such other statistics as it may deem of general interest or necessary to show the true state of the Library. In addition, the City Recorder shall furnish to the Library Board, a monthly budget statement showing the amounts budgeted for the library use, the amounts spent, and the balance remaining in each budget category.

17-1-6. Use of Library. The Parowan City Library shall be forever available to the use of the residents of Iron County and the municipalities within Iron County, subject, however, to such reasonable rules and regulations as a Library Board may adopt to render use of the library of the greatest benefit to the greatest number. The Board may extend the privileges and the use of the Library to persons residing outside the geographical boundaries of Iron County upon such terms and conditions as it may prescribe by its regulations. The Board or any of its employees may exclude from the Library any person who willfully violates the rules and regulations established for the operation of the Library.

17-1-7. Removal of Books. Residents of Iron County and any of the municipalities within Iron County shall be permitted to remove books and other items from the Parowan City Library upon giving the proper receipt therefore as required by the rules of the Library Board. The Library Board shall establish the length of time for which any items or class of items may be borrowed and may provide that any item or class of items shall not be used outside the Library. Any person borrowing any book or any other item from the Library shall be responsible for damages thereto occurring while the same is withdrawn and any person retaining such item for a period longer than allowed under the Board's regulations shall pay a daily fine for the excess days in such amount as the Library Board shall establish by its rules and regulations.

17-1-8. Destroying, Damaging, or Keeping Library Property. No person shall damage any property belonging to, loaned to, or deposited in the City Library, or keep a book more than 60 days after the return date therefore, or take or remove a book or other item from the Library except as provided by the rules of the Library Board. Any person violating the provisions of this section shall be guilty of misdemeanor and upon conviction thereof shall be liable to punishment by a fine in an amount not to exceed $299.00 or by imprisonment for a term not to exceed 6 months or by both such fine and imprisonment.

Chapter 2 -- WASTE DUMP

Section 17-2-1. Dump for use of Residents Only Section 17-2-2. Special Agreement Section 17-2-3. Penalty

17-2-1. Dump for Use of Residents Only. It shall be unlawful for any person not a resident of the City to dump garbage, refuse or waste of any kind at the Parowan City Dump without first having received authorization to do so.

17-2-2. Special Agreement. Any non-resident of the City who desires to dump garbage, refuse, or waste of any kind at the City dump shall first make application to the City Council for permission to do so, which permission may be granted upon such terms as the City Council provides by special agreement.

17-2-3. Penalty. Unless otherwise designated, any person violating any provision of this Title either by failing to do the acts required herein or doing any act prohibited herein shall be guilty of a Class B Misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine not to exceed $1,500, by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.

Chapter 3 -- GRAVEL TRAP

Section 17-3-1. Definition Section 17-3-2. Control and Maintenance of Gravel Trap Section 17-3-3. Disposition of Gravel and Dirt Deposits from the Gravel Trap. Section 17-3-4. Use of Gravel and Dirt from Gravel Trap. Section 17-3-5. Penalty.

17-3-1. Definition. That area within the corporate boundaries of Parowan City which is bounded on the east by the concrete diversion structure near Old Mill Road and the Parowan Canyon Road and on the west by the head works of the water division system, through both of which the Parowan Canyon Stream passes, depositing gravel and dirt, shall be known as the gravel trap.

17-3-2. Control and Maintenance of Gravel Trap. The Mayor, with the advice and consent of the City Council, may provide for the proper maintenance, control, and upkeep of the gravel trap by any suitable means, including, but not limited to, contracting with private entities to provide that service.

17-3-3. Disposition of Gravel and Dirt Deposits from the Gravel Trap. The Mayor, with the advice and consent of the City Council, may provide for the use, disposition, and distribution of gravel and dirt from the gravel trap as they may deem proper so long as some provision is always made for residents of Parowan City to have free access to the gravel and dirt from the gravel trap. Limitations on that access may be imposed as required by contractual obligations and management and safety considerations.

17-3-4. Use of Gravel and Dirt from Gravel Trap. No person or other entity shall take, remove, excavate, or cause to be taken, removed, or excavated from the gravel trap any rock, gravel, dirt, or other substance without the prior permission and on the terms established by Parowan City or its appointed agents.

17-3-5. Penalty. Unless otherwise designated, any person violating any provision of this Title either by failing to do the acts required herein or doing any act prohibited herein shall be guilty of a Class C Misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine not to exceed $750.00, by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment.

Chapter 4 -- SALES AND PURCHASES OF CITY PROPERTY

Section 17-4-1. Purchases of Real Property Section 17-4-2. Sales of Real Property Section 17-4-3. Sales of Property Other Than Real Property Section 17-4-4. Purchases of Property Other Than Real Property Section 17-4-5. Purchases by City Officials or Employees Section 17-4-6. Penalty

17-4-1. Purchase of Real Property. In any case where the City acts to purchase or obtain real property, the following requirements must be met:

a) The property must be accompanied by a registered surveyor or engineer which establishes the precise boundaries of the property.

b) The seller must supply to the City the above required survey, as well as a policy of title insurance.

c) The purchase must be specifically approved in advance in writing by the Mayor with the majority consent of the members of the City Council.

d) Any proposal to purchase property may be submitted to the Planning Commission for their recommendation.

17-4-2. Sales of Real Property. The sale of real property owned by the City of Parowan shall be sold or disposed of in the following manner:

a) All real property must be accompanied by a proper legal description and, if necessary, shall be surveyed by the City or the entity wishing to purchase the property so that a proper legal description is obtained; and

b) The sale of all Parowan City real property which has a value in excess of $500, as determined by a majority of the Parowan City Council and Mayor, shall be by public auction or sealed bid at the City Offices after both a 30-day public notice by publication in a newspaper of general circulation in Parowan City and by posting a Notice of Sale in at least three public places within Parowan City's jurisdictional limits; or

c) The sale of all Parowan City real property which has a value in excess of $500, as determined by a majority of the Parowan City Council and Mayor, shall be sold as set forth in Section (b) unless sold specifically upon Parowan City Council's authorization without bids at a regular council meeting and provided it is set forth with specifically the reasons for such actions; and

d) All real property shall be conveyed for cash to the highest bidder and the proceeds shall be paid to the Parowan City Treasurer for use by the City; and

e) The City Council shall confirm the sale by a majority vote but shall reserve the right to reject any and all bids or to establish a minimum bid for the sale of any municipal real property.

17-4-3. Sales of Property Other Than Real Property (personal municipal property). All sales of property other than real property or known as municipal personal property, shall be disposed of in the following manner:

a) The Mayor and a majority of the City Council shall determine the value of the property, shall designate a minimum bid, if desired, and shall approve in advance the sale of said property;

b) A notice of sale of said municipal personal property shall be posted in three public places not less than 30 days prior to the sale;

c) The sale of personal municipal property shall be by auction or sealed bid, as designated by Parowan City Council, with all sealed bids being presented to the City Manager within 30 days after posting of the sale notice;

d) The unsealing of all bids shall occur at a regularly scheduled Parowan City Council meeting; and e) The sale of property shall go to the highest bidder with Parowan City reserving the right to refuse all bids less than the posted minimum bid.

Any personal municipal property which has a value exceeding One Thousand Five Hundred Dollars ($1,500) shall be sold in the same fashion as real property, whether by bid or not, as set forth in Section 17-4-2 above.

17-4-4. Purchases of Property Other Than Real Property. All purchases of property, services, labor, or other valuable assets shall be in accordance with the policies, rules, and regulations established by Resolution of the City Council. The City Council shall establish a purchasing order system to control expenditures by city officials and employees.

17-4-5. Purchases by City Officials or Employees. In the event of a sale of city real property or other property without a bidding procedure as provided by 17-4-2 (B) (1) and (2) above, no city officials or employees shall purchase said property, directly or indirectly. Any such sales to city employees or officials shall be void, and the property shall be returned to the city and resold using the bid procedure set forth herein above.

17-4-6. Penalty. Unless otherwise designated, any person violating any provision of this Chapter either by failing to do the acts required herein or doing any act prohibited herein shall be guilty of a Class B Misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine not to exceed $1,500, by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.

Chapter 5 -- RACE TRACK

Section 17-5-1. Establishment of Race Track Committee Section 17-5-2. Duties and Purpose of the Race Track Committee Section 17-5-3. Composition and Appointments of Race Track Committee Section 17-5-4. Collection, Handling, Disbursement of Fees for Race Track Use

17-5-1. Establishment of Race Track Committee. There is hereby established as a duly authorized committee operating with the consent, advice, and direction of the Mayor and the City Council of Parowan City, a committee to be referred to as the Race Track Committee. The members of the said committee shall serve at the pleasure of the Mayor and City Council with any funding necessary for the operation of said committee to be provided through the City budget from fees generated pursuant to the enactments of this Chapter of the Parowan City Code. The members of the committee shall receive no pay for their services on said committee, but with the prior consent of the Mayor and City Council may have their expenses for said services reimbursed from City funds in the event said reimbursement should be deemed proper by the City Council and Mayor.

17-5-2. Duties and Purpose of the Race Track Committee. The purpose of the Race Track Committee is to develop, improve, maintain, repair, and upgrade the property and facilities located in the City of Parowan and commonly known as the Parowan City Race Track. Said purpose shall be accomplished under the direction of the committee by the imposition of fees of various types proposed by the committee and approved by the Parowan City Council and Mayor for the use of the Race Track. The committee shall be intended to develop funds which shall then be applied to the maintenance and improvement of the Race Track.

17-5-3. Composition and Appointments of Race Track Committee. The committee shall consist of five members, one of whom shall be the Mayor of Parowan City. The other four members shall be appointed by the Mayor with the advice and consent of the City Council and shall serve at the pleasure of the Mayor and the City Council. The committee shall meet at regularly scheduled intervals and said meetings shall be open to the public. The schedule of said meetings shall be published on the same basis as the schedules of meetings for other municipal bodies are published.

The membership of the committee shall select a Chairman and a Secretary from among their number. It shall be the duty of the Chairman to preside at and direct the meetings and operations of the committee. The committee shall operate by majority vote. The duty of the Secretary shall be to maintain notes of the actions of the committee in a form suitable for further reference.

17-5-4. Collection, Handling, Disbursement of Fees for Race Track Use. The City Council shall, upon recommendation of the Race Track Committee, impose fees for the use of the grounds and facilities of the race track. Said fees may include, but shall not be limited to, a daily use fee for any event for which the facilities are used and admission is collected; a percentage of the gross proceeds for the operation of the concessions at the race track; monthly and daily stall rental; and such other and further fees as to the committee and the City Council and Mayor may seem just and appropriate. The fees themselves, and the rules and regulations for the collection of said fees shall be promulgated by resolution of the City Council from time to time as necessary.

All fees collected from the operation of the race track pursuant to this Chapter shall be deposited immediately with the City Treasurer and placed in a special race track fund maintained by the City. The City Treasurer shall be authorized to disburse the race track funds in accordance with the decisions of the Race Track Committee, approved by the City Council and Mayor, for the improvement and development of the facilities and property known as the Parowan Race Track.

Chapter 6 -- PARKS AND RECREATION FACILITIES

Section 17-6-1. Parks and Recreation Department Established Section 17-6-2. Recreation Director Section 17-6-3. Establishment of Recreation Committee Section 17-6-4. Collection, Handling and Disbursement of Fees Section 17-6-5. Park Impact Fees

17-6-1. Parks and Recreation Department Established. There is hereby established a Park and Recreation Department which shall operate, direct and maintain the City Parks, Recreation Facilities and Programs. The department shall maintain those required facilities to the standards established from time to time by the State Health Department. The Department shall establish direct liaison between other recreational programs such as Little League, Senior Citizens, Country Fairs and National or State recognized clubs, and shall recommend such coordinated programs as it deems necessary to the City Council for improving the Parks and Recreation Facilities.

17-6-2. Recreation Director. The Department shall be headed by a Recreation Director who shall be responsible for the general direction of the department. The Director shall be responsible for operating existing facilities, developing new facilities, directing and maintaining the Swimming Pool, Parks, Street Park Areas, Park Rest Rooms, Equipment, Recreation Programs, City Fair Participation and any other recreation facility which may be established from time to time. The Director may establish fees of various kinds for the purpose of operating or maintaining recreational programs and facilities with the approval of the Mayor and City Council. The Director shall be appointed by the Mayor, with the advise and consent of the City Council and shall be under the direct supervision of the City Manager.

17-6-3. Establishment of Recreation Committee. In lieu of establishment of the position of Recreation when it is felt that it is in the best interest of the City, by a majority vote of the City Council, there is hereby established a duly authorized committee operating with the consent, advise and direction of the Mayor and City Council. The committee shall be known as the Parks and Recreation Committee and shall assume the same duties as the Recreation Director but shall receive no pay for their services, but may have their expenses reimbursed from city funds with prior approval of the Mayor and City Council. The committee shall consist of five (5) members, one of whom shall be from the governing Body of Parowan City. The other four (4) members shall be appointed by the Mayor with the advice and consent of the City Council and shall serve at the pleasure of the Mayor and City Council. The committee shall select a Chairman and Secretary from among its members. The Chairman shall preside over and direct the meetings and operations of the committee and the Secretary shall maintain minutes of the action taken and in such a form that they may be referred to at a later date. On the appointment of a Recreation Director, by action of the City Council, the authority and duties of the committee is terminated, but may be retained as an advisory committee at the pleasure of the Mayor and City Council.

17-6-4. Collection, Handling, Disbursement of Fees. The City Council shall, upon the recommendation of the Recreational Director, impose fees or deposits for the use of the grounds and facilities under the operational control of the Parks and Recreation Department; said fees may include but shall not be limited to, daily or seasonal use fee, monthly or daily rentals, admissions, instructions and such other and further fees or deposits which may seem just and appropriate. The fees or deposits and the rules and regulations for collection shall be promulgated by Resolution of the City Council from time to time as necessary. All fees or deposits shall be deposited with the City Treasurer and placed in the Parks and Recreation Department account maintained by the City. The Treasurer shall be authorized to disburse such funds under the provisions of the Purchase Requisition and Purchase Order Procedure No. 11-1.

17-6-5. Park Impact Fees. The City Council may require an applicant to pay an impact fee for requested services from the City for use of its parks. The imposition of impact fees shall be based upon the current schedule of impact fees for parks which specifies the amount of impact to be imposed for each type of use and impact upon the parks located within Parowan City limits. This impact fee shall be assessed against all development activity, as may be applicable, within Parowan City limits.

The impact fee for parks may be established and adjusted, by resolution, as necessary to ensure that the impact fees are being reasonably imposed for the service being provided based upon and reasonably related to the development activity.

All funds collected as park impact fees shall be placed in a separate fund to be known as the Park Capital Improvement Fund for use in the future development of parks for Parowan City, Utah.

Dates of other ordinances pertaining to Public Property: January 23, 1973