Weber County

MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS
(Amended Apr. 1, 2003, Ordinance 2003-5)

Chapter 1 of Title 6 of the Weber County Ordinance shall be amended to read as follows:

6-1-1 Regular Commission Meetings. The Board of County Commissioners of Weber County shall hold its regular meetings at 10 a.m. on Tuesday of each week, unless the Tuesday is a legal holiday or the meeting is cancelled as provided herein. Public hearings may be held during the regularly scheduled 10 a.m. Commission Meeting, or set for 6 p.m., at the discretion of the Board. Meetings of the Board shall be held on the first floor of the Weber Center located at 2380 Washington Blvd., Ogden, Utah, in the County Commission Chambers, unless the Board schedules a meeting at a special location.

6-1-2 Special Meetings. If at any time the business of the County requires a special meeting of the Board of County Commissioners, such meeting may be ordered by a majority of the Board or by the Chair. The order must be signed by a majority of members or the Chair calling such meeting and must be entered in the minutes of the legislative body. The Order must specify the business to be transacted at such meeting, and none other than that specified shall be transacted at such special meeting unless all members are present and consent thereto. Notice shall also comply with the Open Meetings Act.

6-1-3 Meetings on Legal Holidays. When a legal holiday falls on a Tuesday, the regular Commission Meeting is automatically canceled.

6-1-4 Cancellation of Commission Meetings Days on Other Than Legal Holidays. The Board of County Commissioners may by a majority vote cancel a regularly scheduled Commission Meeting.

6-1-5 Schedule. An annual schedule of the regular meetings of the Board of County Commissioners of Weber County shall be prepared at the beginning of each calendar year. This schedule shall state the dates and times of each meeting, and shall state the location of each meeting. Any change of a time of a regular meeting or a place of a regular meeting shall be preceded by public notice in the manner provided by law.

6-1-6 Agenda. The agenda for each meeting shall be in writing and shall be posted and filed at least 24 hours before each meeting.

6-1-7 Requests for Copies. Copies of all agendas, notices of meetings and schedules of meetings required by this ordinance shall be given to any person, association, representative of the news media or any other person who may file a written request to receive the same. Such written request must state where the notice is to be faxed or mailed.

6-1-8 Recording of Meetings. Any person may broadcast, photograph or record any part or all of any meeting required by this ordinance to be open, provided that such broadcasting or recording shall be done in such a manner as not to interrupt the deliberations of the Board, and such actions shall not unduly obscure the view or the opportunity to hear of any person present at the meeting.

6-1-9 Conduct of the Public at Meetings. Nothing in this ordinance shall be interpreted as permitting any person to disrupt any meeting of the Board. No member of the public shall speak unless he/she is recognized by the Chair or acting chair of the Commission Meeting.

6-1-10 Penalty. Any person, firm or corporation violating any provision of this ordinance shall be guilty of a class B misdemeanor and subject to a fine of not less than fifty dollars nor more than five hundred dollars.

6-2-1 Agency Designation. The Board of Commissioners of Weber County is hereby designated as The Redevelopment Agency of Weber County under the authority of Utah Code Annotated, Section 11-19-3, 1953, as amended, with all the powers and duties specified therein.

6-2-2 Administration. Except as may otherwise be directed by the Board of Commissioners, the Weber County Office of Support Services shall supply all necessary administrative and logistical assistance required by the Redevelopment Agency.

6-3-1 Bonds of Principal Elected Officials. The following elected officials of Weber County shall be covered by a blanket bond in the amount of $100,000: County Assessor, County Attorney, County Clerk/Auditor, Justice Court Judge, County Recorder, County Sheriff and County Surveyor.

6-3-2 Bonds of County Commissioners. Pursuant to Utah Code Annotated, §17-16-11, the bonds of the County Commissioners shall be set and approved by a judge of the District Court in and for Weber County, State of Utah. The Commissioners shall be covered by the blanket bond of $100,000 unless and until a judge of the District Court determines that the Commissioners shall be bonded in excess of $100,000.

6-3-3 Bonds of Other County Employees. All other County employees not specified above shall be covered by a blanket bond in the amount of $100,000.

6-3-4 County Treasurer's Bonding Amount. Pursuant to Utah Code Annotated § 17-16-11, the amount in which the County Treasurer shall execute an official bond shall be prescribed by the Utah State Money Management Council and is subject to change as the Council deems necessary.

6-3-5 Surety Bond Premium Payments. For all surety bonds covered in this chapter, premiums shall be paid out of the County funds of Weber County, Utah.

6-4-1 Establishment of Precinct Justice of the Peace. The Board of County Commissioners of Weber County, Utah, hereby establishes a precinct Justice of the Peace in and for Weber County, with boundaries encompassing all of Weber County. (Added by Ord. 1-84, 4/9/84)

SCIENTIFIC INVESTIGATION DEPARTMENTAll of Chapter 5 under Title 6 was repealed by Ordinance 13-94, adopted on April 20, 1994.

6-6-1 Reason for Ordinance. Whereas Weber County Government provides services to certain special users which services may require the use or allocation of departmental or employee resources, or time; and

Whereas certain special users which services may require the use or allocation of departmental or employee resources, or time; and

Whereas certain opportunities for outside, reimbursed work may arise only from or on account of an employee or elected official's employment opposition with county government; and

Whereas the compensation for such services should be to the County when the county has provided the necessary facilities, including but not limited to employee time.

6-6-2 Compensation to Remain Property of County. All compensation for service arising out of or related to county government is and shall remain the property of Weber County.

6-6-3 Employees to Notify Department Head. All employees are required to notify their department head of any compensation for services performed for any agency or individual for which compensation is paid to the employee in addition to whatever salary or benefits the employee receives directly from the County.

6-6-4 Department Heads to Report Compensation to County Commissioners. It shall be the responsibility of the department head or elected official to report all such compensation to the Board of County Commissioners.

6-6-5 Compensation to be Paid to County Treasury. All such compensation for services must, within 30 days of the adoption of this ordinance, be paid directly to the Weber County Treasurer by the recipient of such services.

6-6-6 Exception. Any exception to this policy may be granted on a case by case basis by the Board of County Commissioners by official action following a hearing on a petition for an exception from this policy.

6-6-7 Intent to Require Payment. It is the intent of this ordinance to require payment to the County of all monies received by reason of an employee or elected official's position with the county and not to foreclose part-time or outside employment for work not related to county government.

6-6-8 Penalty. Violation of this ordinance shall be grounds for termination of employment with the County.

6-6-9 Enforcement by County Attorney. The County Attorney is directed to enforce this ordinance including seeking criminal and civil relief for its violation.

The following exemptions have been granted to Title 6, Chapter 6: 6-6-2 January 6, 1986. Commissioner Hunter was granted an exemption to this ordinance, and will be allowed to keep any remuneration he may receive as a result of serving on the Weber County Mosquito Abatement Board and the Governor's Council on Energy Conservation.

6-7-1 Restriction of Use. No employee of Weber County shall possess, control, or use in any way, equipment or property belonging to Weber County and/or any employees time while receiving compensation from the County, for any personal use or gain; except upon express permission of the Board of County Commissioners granted in a public meeting. Incidental telephone calls either made or received while receiving compensation from Weber County shall be exempt from this ordinance.

6-7-2 Violation Grounds for Termination of Employment. A violation of this ordinance is grounds for termination of employment with Weber County.

6-7-3 Violation is a Misdemeanor. A violation of this ordinance shall constitute a class B misdemeanor, punishable by fine of $299.00 or six (6) months in jail, or both.

6-7-4 Enforcement by County Attorney. The County Attorney shall be directed to enforce this ordinance, seeking all criminal and civil relief available for a violation.

The following exemptions to ordinance 6-7-1 have been granted by the Weber County Commission:

1. July 1, 1985. The Building Maintenance supervisor may take a County vehicle and tool box home in the evenings, to facilitate his being on 24 hour call.

An additional person may also take a County vehicle and tool box home on weekends, to assist in emergencies that may arise in the County.

2. July 8, 1985. The Office of Support Services has been granted permission for staff members of the Summer Youth Employment Program, which runs from June 10th to August 19, 1985, to take the vehicles home so they can go straight to the pickup point each morning. This practice will continue during the summer months and the Summer

Youth Employment Project Director will have discretion to continue or discontinue the practice.

Adult IIA Program line staff will be allowed to take home the two Toyota pickup trucks and return them the next morning. The trucks are used for various county purposes.

Subject to the directors discretion, employees will be allowed to take a County vehicle home if they are attending a meeting after regular working hours.

3. August 7, 1985. The Planning Commission has been granted the right to use County equipment at the following times:

County vehicle to be taken home by the Director of the Planning Commission for starting or ending County operations both before and after County working hours.

Designated staff to take County vehicles home during winter months and at other times where it is advantageous for the County.

4. October 2, 1985. In compliance with Section IV, paragraph B, of the Basic Disaster Plan, the Director of Emergency Services was granted an exception to the ordinance and will be allowed to take a County vehicle home. This will allow him to be in constant vehicle radio contract and able to respond 24 hours a day.

5. December 4, 1985. Archie Skeen, Director of Parks and Recreation, was granted a two vehicle exemption for his department. "One vehicle is used extensively in the South Fork Park for park reservations, garbage clean up, tool and equipment transportation, week-end and security night patrol, snow depth monitoring and removal, plus many additional daily duties. A phone call to Paul can put the County vehicle at troubled areas within minutes."

Mr. Skeen was granted the use of a vehicle because of his being on "24-hour on-call status that is required to manage the various programs and tournaments at different locations throughout the County."

6. December 9, 1985. Rip Skeen, Director of Roads and Bridges, was granted an exemption because of his being on 24 hour calls. The foreman of the department was also granted an exemption because of his on callbasis.

6-8-1 Merit Rules Incorporated by Reference. The Weber County Merit System Personnel Policies and Procedures, Fifth Edition January 1984, has been adopted by the Weber County Board of Commissioners and published as a code in loose leaf form, hereby incorporated into and made a part of this ordinance to the same extent and effect as though it were set forth in full herein.

6-8-2 Place Where Filed. Three (3) copies of the Weber County Merit System Personnel Polices and Procedures shall be filed for use and examination by the public in the office of the County Clerk of Weber County, State of Utah.

6-9-1 Overage Received Thru The Mail. No Weber County Office including, but not limited to, the Treasurer or Recorder, is required to refund any amount paid on any fee, if the fee is received thru the mail and the amount of the overage is $4 or less. The administration costs involved in issuing said refunds exceeds the amount refundable. When it is necessary to send a refund, the County Office involved may charge an Administrative Fee of up to $4 to cover costs incurred in preparation and mailing of said refund. (Amended 6-19-96, Ord. 96-20)

6-9-2 Personal Appearance Necessary to Recover Amounts of $4 or Less. Any amount of $4 or less can be secured by personal appearance to the applicable Weber County Office.
(Amended 6-19-96, Ord. 96-20)

WHEREAS, ordinances are periodically proposed for enactment by the Board of County Commissioners of Weber County; and

WHEREAS, the Board of County Commissioners desires to adopt methods for the consistent tracking of such ordinances from proposal through enactment or rejection; and

WHEREAS, the Board of County Commissioners desires that each proposed ordinance be thoroughly evaluated for its legal and economic impact; and

WHEREAS, the Board of County Commissioners of Weber County desires that the county web site containing the ordinances and the ordinance books throughout the County be updated from time to time as new ordinances are enacted or existing ordinances are amended or repealed;

NOW THEREFORE, the Board of County Commissioners of Weber County ordains as follows:

6-10-1 Prior to the development of any ordinance, the concept, outline and summary thereof shall be submitted to the Board of County Commissioners (hereinafter “Board”) together with the Weber County Ordinance Development Control and Summary Sheet, for a county commissioner’s review and development authorization.

6-10-2 After preliminary approval of the summary and outline, the originating department shall create an initial draft of the proposed ordinance and submit it to the county attorney’s office for legal analysis and preparation as to form. After receiving the initial draft of the proposed ordinance, the Attorney shall:

1. Review the need for the proposed ordinance with the initiating person or office/department;

2. Review existing ordinances and statutes that relate to the proposed ordinance; and review the proposed ordinance for constitutional compliance and/or other legal issues;

3. Submit the proposed ordinance to the county clerk/auditor to analyze tax and budgetary impacts and also to assign proper section numbers in accordance with the ordinance numbering system. The clerk/auditor’s office shall then return the draft to the county attorney’s office for further development.

1. Complete a second draft of the proposed ordinance incorporating proper legislative format, noting any sections to be repealed and assigning proper section numbers in accordance with the ordinance numbering system;

2. Submit the second draft of the proposed ordinance to the requesting client or agency for review and comment; and

6-10-4 The sponsoring agency or client will calendar the proposed ordinance on the Board̓s public meeting agenda to explain the necessity or basis for the proposed ordinance and request that the Board approve a first reading of the proposed ordinance.

6-1 0-5 The Board may enact the ordinance at the first reading if it deems immediate enactment necessary or may set the ordinance over for a second reading and/or a public hearing.

6-1 0-6 When the proposed ordinance is enacted by the Board, the county clerk shall publish the required notice of the ordinance giving its effective date.

6-10-7 The county clerk of weber county shall be responsible for keeping revised ordinances of Weber County current and correct at all times. The clerk shall within fifteen days of the passage of any new ordinance update the master copy of said ordinances contained in the Weber County computer system. The clerk is responsible for preparing hard copies of said ordinance and delivering the same to the various county offices possessing the loose leaf style copy of the revised ordinances of Weber County. The clerk will amend the table of contents and the index of ordinances to ensure complete and accurate ordinance books at all times. Loose leaf style copies of the revised ordinance copies are located at the:

The clerk shall also be responsible for making any additional copies of the revised ordinance of Weber County as are necessary or as required by the board of county commissioners of Weber County.

WHEREAS, the County Clerk/Auditor’s Office has developed a new purchasing ordinance
for the purpose of updating certain purchasing processes and procedures;

NOW THEREFORE, the Board of County Commissioners of Weber County ordains as
follows:

Section 6-11-1 Purpose
6-11-2 Purchasing Agent
6-11-3 Purchasing Procedures
6-11-4 Competitive Sealed Proposals
6-11-5 Consultant Selection
6-11-6 Contract Processing and Payments
6-11-7 Claims Procedures
6-11-8 Library System Purchases
6-11-9 Banking Services and Investment of Public Monies
6-11-10 Property Disposal
6-11-11 Disposition of Stolen Property

6-11-1 Purpose. The purpose of this ordinance is to establish the duties, obligations and
operational procedures of the County Purchasing Agent and his/her assistants; including appointment
procedures and the rules and regulations relating to procurement, surplus property disposal
procedures, and other related functions.

6-11-2-1 Purpose. This Chapter provides for a centralized purchasing authority in Weber
County, except as provided herein. Purchasing and contracting is the process of acquiring all those
goods and services that are deemed necessary by County organizations to provide the public services
within the purview of those organizations. The provisions contained herein shall be liberally
construed to accomplish this objective.

“Award” means the approval for final procurement by the Commission or other authority.

“Bid” means an offer by a vendor or contractor that is capable of resulting in an award to the lowest
responsible responsive bidder or the highest bidder in the case of sale of County property or services.

“Bilateral Contract” is a written agreement between the County and a provider of goods or services
which contains terms and conditions which differ from the terms and conditions contained in the
County’s standard purchase order or request for bids and resulting contract.

“Claim for goods or services” means any request for payment for goods or services that has already
been received without a fully executed bilateral contract or purchase order, and which does not fall
under the provision of “emergency procurement” or other existing County payment policy.

“Committee” means the consultant selection committee established by these chapters.

“Consultant” means a person, firm, company or corporation having professional, special or technical
skill, knowledge, education, training or other expertise, and shall include the use of the term
“consultative” when appropriate.

“Emergency condition” exists when there is a threat to public health, welfare or safety. The existence
of such condition creates an immediate and serious need for supplies, services, or construction that
cannot be met through normal procurement methods.

“Equipment” means personal property of a durable nature that retains its identity throughout it’s
useful life utilizing federal value guidelines.

“Interlocal agreement” means those agreements authorized by the Interlocal Cooperation Act, 11-13
et seq. U.C.A. for contracts requested in the interlocal form by other governmental units, where a
new organization or entity is created or a joint operation or ownership arrangement is proposed, and
where revenue sharing is established.

“Noncapitalized item” means a single asset with a unit cost less than the established capitalized limit
as set by the clerk/auditor’s office.

“Open Order” means a contract under which a vendor agrees to provide goods or services to the
County on a demand basis for the period covered or until the dollar amount specified is exhausted.

“Organization” means and includes any and all elective offices, departments and divisions of the
County.

“Procurement” means the buying, purchasing and acquisition of goods or services and all related
acquisition processes.

“Proposal” means a response and offer to perform to a request for proposal that may be awarded to
the most qualified or best product or service.

“Purchasing agent” means the merit employee selected according to the Human Resources Policy
& Procedures Manual.

“Purchase order” means a binding contract which is used to accept the offer of a vendor to provide
goods or services.

“Request for proposals” means soliciting to receive sealed proposals.

“Request for qualifications” means soliciting to receive a statement of qualifications for bidders or
proposers.

“Responsible bidder” is a bidder whose reputation, past performance, and business and financial
capabilities are such that the bidder would be judged by appropriate authority to be capable of
satisfying an organization’s need for a specific contract.

“Responsive bidder” is a bidder whose bid does not substantially vary from the specifications and
terms set out in the invitation for bids.

“Travel” for purposes of this policy shall be as defined and regulated in the Weber County Travel
Policy.

A. Recommend adoption, promulgation, and from time to time revision, of the rules and
regulations and countywide policies for administration of the purchasing system;

B. Act as sole agent of the County in contracting for labor, materials or service, or for the
purchase, lease or sale of personal property, materials, equipment or supplies, in conformity
with the provisions of this chapter and any other applicable chapters of Weber County
Ordinances, provided, however, that all contracts and purchase orders must be submitted to
the board of county commissioners for approval and ratification as required by state statute
except as otherwise provided.

C. Open or authorize the opening of all sealed bids;

D. As an agent for the County commission, determine the lowest or highest responsible bidders,
as the case may be;

E. Enforce written specifications describing standards established in conformity with this
chapter;

F. Require such physical, chemical or other tests as may be necessary to insure conformity to
such specifications with respect to quality and materials;

G. Coordinate the transfer and accountability of personal property to or between the various
requisitioning organizations trading in, selling or disposing of such personal property as may
become surplus; provided, however, that such disposition complies with the provisions of
this Chapter, enacted under the authority of § 17-5-48 Utah Code Annotated (1953),
notwithstanding anything in this chapter to the contrary;

H. Assume such related activities as may be assigned to him/her from time to time by the
Commission;

I. Keep an accurate and complete record of all purchases and a detailed disposition of the same,
as required by § 17-5-74 Utah Code Annotated (1953);

J. As an agent for the Commission, waive any minor informality or minor technicality in a bid
or proposal which does not materially change the significant elements of the bid or proposal,
and accept those bids and proposals deemed to be in the best interest of the County.

6-11-2-4 Execution of Contracts. No department, office, advisory or policy board or other
organization of county government, nor any officer or employee thereof, shall be empowered to
execute any purchase order or contract except as specifically authorized in this chapter and other
applicable ordinances. All contracts in violation of this provision are considered void, and may
result in the personal obligation and liability of persons at fault for such violations.

6-11-2-5 Local Improvement Project Duties. With respect to public improvements, the
Purchasing Agent or agent’s designee shall work with engineers, architects, attorneys and other
professional persons retained by the County to assist in the preparation of plans and specifications,
and to discharge other related duties.

6-11-2-6 Contracts Executed in Violation of Provisions. Any purchase order or contract
executed in violation of this chapter or other County ordinance or policy shall be void as to the
County, and if public funds have been expended, the amount expended may be recovered in the
name of Weber County in an appropriate action.

6-11-2-7 No Preferential Treatment. It shall be the policy of Weber County to encourage
vendors in all procurement practices and to provide equal opportunities to compete for contracts for
construction, provision of professional services, and purchases of equipment and supplies. Upon
request, the County will assist vendors by providing them with information in bid specifications,
compliance with procurement policy and fulfillment of general bid requirements. Also, upon
request, the County will provide information on job performance requirements, procurement
opportunities and prerequisites for bidding on County contracts.

6-11-2-8 Vendor List Fees. A yearly subscription fee may be charged to vendors requesting
to be placed on the bid solicitation system. This will entitle vendors to receive bids and proposal
solicitations in their selected commodity areas. The fee is to be approved by the Commission.

6-11-2-9 Contractors Conformance to GRAMA. Contractors who agree to furnish goods
or services to the County may be required to conform with the Utah Government Records Access
and Management Act (GRAMA).

6-11-2-10 Contracts Requiring County Commission Approval. Contracts requiring approval
and execution by the governing body by state statute, including interlocal agreements required in the
Interlocal Cooperation Act, must be approved by the Commission as the governing body of the
County and executed by the Commission after completing the procurement and approval process
established by the ordinance codified in this chapter.

6-11-2-11 Conflict of Interest Prohibited. No officer, employee, agent, representative or
member of any committee, board or Commission of the County shall have a financial interest in any
contract, bid or proposal; receive any compensation or gift from any bidder or proposer; or have any
other conflict of interest, as defined by these ordinances, the Utah Public Officer’s and Employee’s
Ethics Act, Title 67, Chapter 16, Utah Code Annotated (1953), as amended, or by the County
Officers and Employees Disclosure Act, Title 17, Chapter 16a, UCA (1953), as amended. Contracts
entered in violation of this section are voidable and if payments have been made may be subject to
action by the County to recover funds. Violation of this section is a Class B misdemeanor and any
violator is subject to disciplinary action and criminal penalty.

6-11-3-1 Requisition Agent Authority. Each organization of the County shall submit in
writing to the Purchasing Agent the names of such officers or employees as shall be authorized to
sign requests for purchases for such organization, and all such requests for purchases shall be void
unless executed by such certified officers or employees and approved by the Purchasing Agent.

A. No project or order or contract shall be split into parts by any organization, for the purpose
of avoiding the provisions of this chapter.

6-11-3-2 Competitive Bid Requirements. All purchases and contracts, whether by formal
advertising or by negotiation, shall be made on a competitive basis to the maximum practicable
extent.

A. Except as otherwise herein provided, all County purchase orders and contracts, involving
amounts in excess of twenty five thousand dollars ($25,000), for labor and services, or for
the purchase, lease or sale of personal property, materials, equipment or supplies, shall be
let by competitive solicitation of bids after advertisement, to the lowest responsible and
responsive bidder or, in the appropriate instance, to the highest responsible and responsive
bidder, depending upon whether the County is to expend or to receive the money.

B. All purchase orders and other contracts less than twenty five thousand dollars ($25,000), and
in excess of two thousand dollars, shall be let in the open market in a manner calculated to
insure the best interests of the public, and after solicitation of bids by mail, telephone or
otherwise. All bids in excess of five thousand dollars shall be in writing. The Purchasing
Agent or designee shall solicit bids, if possible, from at least three qualified vendors. The
Purchasing Agent must comply with the requirements specified in applicable federal or state
statute or regulation.

C. Purchases of repetitive miscellaneous items of small dollar amounts may be approved by the
Purchasing Agent as small cost open orders.

D. Repetitive purchases of non-capitalized items which are acquired through an underlying
statewide contract may be set up as open orders. These county-wide open orders require the
same reviews and approvals as specified by ordinance or by purchasing policies.

E. The Purchasing Agent will adhere to all County and inter-office policies and procedures
governing the uses and approvals of open orders.

A. All purchase orders and other contracts for personal property, consultants or services shall
be made by formally advertising or soliciting bids as provided in these ordinances, except
that such purchase orders and contracts may be negotiated by the Purchasing Agent or others
as may be delegated by the Commission without competitive solicitation under the following
circumstances:

1. For goods and services made available by any federal, state or local unit of
government, or agency thereof, including associations of government of which the
County is a member, such as the Utah Association of Counties and the National
Association of Counties, where such materials, supplies or services are currently
being provided to such governmental entity, agency or association, and were acquired
after competitive bidding or were otherwise procured in a manner consistent with the
requirements of this purchasing chapter; provided, however, that it may be presumed
that acquisitions by the state were procured in a manner consistent with this chapter;

2. For medicines or medical supplies which are not generic in nature;

3. For goods and supplies purchased for authorized resale;

4. For perishable or nonperishable subsistence supplies;

5. For goods and services which the Purchasing Agent, after consulting with appropriate
technical experts or County agencies, determines to be of a nature that the
procurement thereof without advertising is necessary to assure standardization of
equipment and interchangeability integration of goods and services, and that such
standardization or integration is necessary in the public interest;

6. For property or services as to which the Purchasing Agent, with the advice of the
appropriate technical departmental personnel and contracted consultants, determines
that bid prices, are not reasonable (either as to all or as to some part of the
requirement), exceed the estimated construction cost of a public improvement project
by an amount that is unacceptable to the Commission, or have not been
independently arrived at in open competition. The Purchasing Agent may elect to
re-advertise for bids;

7. For a product, consultant or service which can be procured from only one source,
manufacturer or distributor;

8. By their nature, such purchase orders or other contracts are not adapted to award by
competitive bidding, such as those for:
a. The services of individuals possessing a high degree of professional skill where
the ability or fitness of the individual plays an important part;
b. The publication of legal notices, ordinances, resolutions, and other legal
advertising;
c. The private placement of bonds, tax anticipation notes, or other instruments of
indebtedness;
d. Utility services such as water, light, heat, telephone and telegraph, except when
alternative supplies or services are available;
e. The purchase of subscriptions, media advertisement, magazines, books, trade
journals, reference works, periodicals, examination or testing materials, and
similar articles of an educational, informational or instructional nature;
f. Contracting for goods or services pursuant to requests originating under the
County’s policy on contributions or grants;
g. Such other personal property or services as the Commission may, upon the
recommendation of the Purchasing Agent, and the prior approval of the
Commission, determine to be, by their nature, not adapted to award by
competitive bidding; or
h. Otherwise authorized or prescribed by law.

B. In negotiating purchase orders and other contracts for the above-referenced categories of
personal property or services, the Purchasing Agent, or such other person or committee as
may be designated by the Commission, must ensure that:

1. All aspects of the business transaction are fully resolved, to include price, delivery
date, delivery terms, acceptance period, warranties, funding terms, and such other
terms and conditions as are appropriate;

2. The file supports price or cost analysis or such other evidence of reasonable pricing
and other information concerning the contract or purchase order.

3. All files relating to the award of a contract based upon “public emergency” reflect
that the need was compelling and of unusual urgency, as when the County would be
seriously injured, financially or otherwise, if the personal property or services to be
purchased or contracted for were not furnished by a certain time, and when they
could not be procured by that time by means of formal advertising. This applies
irrespective of whether that urgency could or should have been foreseen;

4. All files relating to the award of a contract based upon “sole source” reflect why that
vendor or consultant is the only source of supply for the item, why that particular
item is required; and

5. Prior to submission of a bilateral contract to the Commission for execution, the
contract shall be reviewed and approved by the organization acquiring the personal
property or services and by such other agencies as may be specified by ordinance, or
by purchasing policies or at the request of the Purchasing Agent and approved as to
form by the attorney.

C. In the event bids for a construction project exceeds available funds and the low responsive
and responsible bid does not exceed such funds by more than twenty-five percent, the
Purchasing Agent or agent’s designee is authorized in situations where time or economic
consideration preclude re-solicitation of work of a reduced scope, to negotiate an adjustment
of the bid price, including changes in the bid requirements, with the low responsive and
responsible bidder, in order to bring the bid within the amount of available funds, not to
exceed a final contract amount of two hundred thousand dollars.

D. This chapter shall not apply to the acquisition of personnel pursuant to the provisions of the
County Personnel Management Act, Section 17-33-1 et seq., Utah Code Annotated (1953),
as amended, nor shall this title be applicable to the granting or issuance, pursuant to powers
conferred by laws, ordinances or resolutions, of franchise licenses, permits or other
authorizations by the Commission, by other organizations of the County. This section shall
not be construed as authorizing the waiver of competitive bidding when such bidding is
required by the provisions any federal or state grant or relevant federal or state statute or
regulation.

E. No purchase order or other contract in excess five thousand dollars ($5,000) may be awarded
pursuant to this section except by the Commission, unless an emergency arises , in which
event the Purchasing Agent may award the purchase or contract subject to the ratification of
the Commission. The Purchasing Agent will maintain in a file a memorandum explaining
in detail why a purchase order or contract has not been bid and identifying the specific
provisions of this section which exempts the purchase order or other contract from the
bidding requirement. Any procurement without competitive acquisition shall also include a
statement from the acquiring agency explaining the recommendation for acquisition.

6-11-3-4 Purchasing Card Procurement. Certain purchases may be made pursuant to the
Weber County Purchasing Card policy found in the Weber County Policy and Procedures Manual,
Policy Number 10.1.

A. Notwithstanding any other provision of this chapter, the Purchasing Agent or agent’s
designee, may make or authorize others to make emergency procurements when there exists
a threat to public health, welfare or safety under emergency conditions, as hereinafter set
forth, provided that such emergency procurements shall be made with such competition as
is practicable under the circumstances. A written determination of the basis for the
emergency and for the selection of the particular contractor shall be included in the contract
file. An “emergency condition” is a situation which creates a threat to public health, welfare
or safety such as may arise by reason of floods, epidemics, riots, equipment failures,
earthquakes, or such other reason as may be proclaimed by the Commission. Such
determination, together with a copy of the purchase requisitions for the materials, supplies,
equipment or construction items which were purchased, shall be sent promptly to the
Commission. Additionally, the Purchasing Agent, as soon as practicable, shall prepare a
record of each emergency procurement which shall set forth:
1. The contractor’s name;
2. The amount and type of the contract; and
3. A listing of the supplies, services or construction procured under the contract. Copies
of such records shall be promptly submitted to the Commission. The existence of
such conditions creates an immediate and serious need for supplies, services or
construction that cannot be met through normal procurement methods, and the lack
of which would seriously threaten:
a. The functioning of County government;
b. The preservation or protection of property; or
c. The health or safety of any person.

B. Emergency procurement shall be limited to those supplies, services or construction items
necessary to meet the emergency. The Purchasing Agent, or agent’s designee, or any
organization of the County authorized in writing by the Purchasing Agent, may make
emergency procurements when an emergency condition arises and the need cannot be met
through normal procurement methods, provided that, whenever practicable, approval by the
Purchasing Agent or the Commission shall be obtained prior to the procurement.
Procurement pursuant to an emergency not yet formally declared should follow the
procedures outlined in the County emergency plan.

C. The Purchasing Agent shall select a procurement method sufficient to assure that the required
supplies, services or construction items are procured in time to meet the emergency. Given
this constraint, such competition as is practicable shall be obtained by the Purchasing Agent.

A. All proposals to award purchase orders or contracts involving amounts in excess of twenty
five thousand dollars ($25,000) shall be announced either by publication at least once in a
newspaper of general circulation published in the County or any other lawful form of
announcement. The Commission may, after recommendation of the Purchasing Agent, reject
any and all bids for any valid reason. Nothing contained in this section shall be construed to
prohibit the Purchasing Agent from placing additional announcements in recognized trade
journals. Advertisements for bids shall describe the character of the proposed contract or
agreement in sufficient detail to enable prospective bidders to know what their obligations
will be. The description may be made either in the advertisement itself or by reference to
detailed plans and specifications on file at the time of the publication of the first
announcement. The advertisement shall state the date, time and place assigned for the
opening of bids, and no bids shall be received at any time after to the time indicated in the
announcement.

B. A cashier’s check, or a certified check, as a deposit of good faith, in a reasonable amount,
but not in excess of five percent (5%) of the bid amount, may be required of each bidder by
the Purchasing Agent on construction bids.

A. Any agreement or collusion among bidders or prospective bidders to bid a fixed price or limit
competition shall render the bids of such bidders void and such conduct shall be unlawful
and subject to criminal sanction.

B. Any disclosure made or permitted by the Purchasing Agent or others in advance of the
opening of bids, of the terms of the bids submitted in response to an advertisement, shall
render the entire proceeding void and shall require re-advertisement and re-award.

C. All contracts with the County shall be deemed to contain a clause under which all
vendors/suppliers of goods and/or services shall certify that neither they nor their agents or
employees have restrained free and competitive bidding for the contract by conspiring with
any other person to fix bids for, or compensation under, the contract; by obtaining
information from any County agent or employee, in advance of the public opening of bids
or proposals for the contract, concerning the contents of competitor’s bids or proposals; by
discouraging or eliminating competition by any means; or by taking any action while seeking
the contract which violates law or County purchasing policies. A violation of the clause shall
entitle the Commission to immediately cancel the contract for material breach thereof and
County shall thereafter be entitled to seek damages as allowed by law for breach of contract.

6-11-3-8 Opening of Bids. All sealed bids shall be publicly opened by the Purchasing Agent
or agent’s designee who is duly authorized in writing by the Purchasing Agent to open such bids.

6-11-3-9 Rejection of Bids. Any or all bids received may be rejected by the County if the bid
is deemed not responsive, if the bidder is not deemed responsible, the character or quality of the
services, supplies, materials, equipment or labor does not conform to requirements, or if the public
interest may otherwise be served thereby. The County shall have absolute discretion to determine
if the bidder is responsible and the bid is responsive.

A. Permissive Bonds. As determined by contracts and procurement, bonds written upon a
corporate surety qualified to do business in the state and in an amount approved by the
Commission may be required for the following purposes:

1. To insure performance of the contract or purchase order in the time and manner
prescribed therein; and
2. To save, indemnify and hold the County harmless from and against losses, damages,
claims, liabilities, judgments, costs and expenses which may accrue in consequence
of contractor’s actions, or failures to act, in performance of the contract or purchase
order.

B. Required Bonds. Before any contract for the construction, alteration or repair of any public
building, public work or public improvement of the County is awarded to any person, that
person shall furnish to the County such bonds as are required by the County.

A. The award of any contract or purchase order involving amounts in excess of five thousand
dollars ($5,000) shall be made by the Commission to the lowest or to the highest responsible
bidders meeting specifications as provided. Each bid, with the name of the bidder, shall be
entered on a record after award of the contract or purchase order and if not protected by law,
shall be open to public inspection in the office of the Purchasing Agent.

B. Prior to advertising for bids or soliciting proposals for any goods or services, the Purchasing
Agent or designee may have the attorney review and approve as to form. The attorney may
approve as to form standard form bids, proposals and contracts, as provided in these
ordinances, to meet the requirements of this section.

C. All purchase orders or other contracts involving amounts of five thousand dollars ($5,000)
or less shall be awarded by the Purchasing Agent to the lowest or the highest responsible
bidders, and shall be signed by the Purchasing Agent and submitted to the Commission for
approval and ratification.

D. An official copy of each awarded purchase order or other contract, together with all necessary
attachments, including assignments and written consents of the Purchasing Agent, shall be
retained by the Purchasing Agent in an appropriate file open to the public for such period of
time as set by retention schedule approved pursuant to the Utah Government Records Access
and Management Act (GRAMA). After such period, purchase orders, other contracts and
attachments may be destroyed by direction of the Purchasing Agent.

E. Amendments to all purchase orders and other contracts shall be approved by the Commission
or Purchasing Agent, as defined in subsections A and C this section, provided that the net
change amount is within the defined award limits. Change orders or amendments which
exceed ten thousand dollars shall be awarded by the Commission. Amendments with the net
change amount of ten thousand dollars or less shall be awarded by the Purchasing Agent.

6-11-3-12 Responsibility of Bidders – Determination. In determining the responsibility of
any bidder, the County may take into account other factors in addition to financial responsibility,
such as past records or transactions with the bidder, experience, adequacy of equipment, ability to
complete performance within a specified time limit, and other pertinent considerations.

6-11-3-13 Assignment of Contracts. No contract awarded to the lowest responsible bidder or
to the highest responsible bidder, as the case may be, shall be assignable by the successful bidder
without the written consent of the County. In no event shall a contract or any part thereof be assigned
to a bidder who is declared not to be a responsible bidder in the consideration of bids submitted in
response to advertisement of the particular contract or purchase order.

6-11-3-14 Disposal of Certain County Property. The mandatory provisions of this chapter
relating to public advertisement for sealed bids shall not apply to the disposal of personal or real
property held by the County, unless disposal is by sale through public advertisement or sealed bids.

6-11-3-15 Protests. Persons who are aggrieved over a request for bid, or proposal, may protest
to the Purchasing Agent. A protest in regard to the specification of a request for bid or proposal shall
be submitted, in writing, prior to the opening of bids or proposals. All other protests shall be
submitted in writing within five working days after the aggrieved person knows or should have
known that it was the County’s intent to award the bid or contract.

A. If a protest is received before award, the County shall not proceed further in its attempt to
acquire the goods or services until the protest is either withdrawn or approved for award by
the Commission. The Purchasing Agent, after consultation with the director of the requesting
organization, and the attorney may, however, make a written determination that the award
of contract, without delay, is necessary to protect the interests of the County.

B. Protest letters should specifically state completely the facts which constitute error in the
award and the desired remedy. The Purchasing Agent may refer the protest to appropriate
County staff and/or the attorney to investigate and make a recommendation. An informal
meeting may be scheduled if more information is needed. After review by the Purchasing
Agent, the Purchasing Agent shall forward the protest to the Commission for a decision.

6-11-4-1 Request for Proposals. Proposals shall be solicited through a request for proposals.
Request for proposals shall be prepared by the requesting agency with the assistance of the
Purchasing Agent. The attorney may assist with the preparation of request for proposals. The
Commission may designate a selection committee for review of proposals in consultation with the
requesting agency. The committee shall include at least one representative of the requesting agency.

6-11-4-2 Public Notice. Adequate public notice of the request for proposal shall be given.

6-11-4-3 Conferring with Offerors. Once selection committee members are listed on a
potential selection list or appointed to the selection committee, they will not confer with any
prospective offerors except as part of the selection committee meeting in its official capacity.

6-11-4-4 Disclosure of Proposals. No proposals shall be handled so as to permit disclosure
of the content of any proposal to a competing offer or until the award and execution of a contract.
A register of proposals shall be prepared containing the name of each offeror, the number of
modifications received, if any, and a description sufficient to identify the item offered. The register
of proposals shall be open for public inspection.

6-11-4-5 Evaluation Factors. The request for proposals shall state the relative importance of
price and other evaluation factors.

6-11-4-6 Discussion With Responsible Offerors and Revisions to Proposals. As provided
in the request for proposals, discussions may be conducted with responsible offerors who submit
proposals determined to be reasonably susceptible of being selected for award for the purpose of
clarification to assure full understanding of, and conformance to, the solicitation requirement.
Offerors shall be accorded fair and equal treatment with respect to any opportunity for negotiation,
discussion and revision of proposals and such revisions may be permitted after submissions and prior
to award. In conducting discussions, there shall be no disclosure of any information derived from
proposals with competing offerors.

6-11-4-7 Award. An award shall be made by the Commission after recommendation by the
selection committee and the Purchasing Agent to the responsible offeror whose proposal is
determined in writing to be the most advantageous to the County, taking into consideration price and
the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used
in the evaluation. The contract file shall contain the basis on which the award is made. Proposals
of the successful offeror shall be open to public inspection for a period of 90 days after
announcement of the selection of the successful offeror(s). Proposals of offerors who are not
awarded contracts shall not be open to public inspection.

6-11-4-8 Request for Qualifications. With the approval of the Purchasing Agent a request
for qualification process may precede any other form of procurement unless prohibited by law. This
process may be used to establish a list of qualified vendors or providers from which further bids or
proposals may be sought. Being chosen as a qualified vendor or consultant does not require or
guarantee that any specific contract or project will be awarded. The request for qualifications
process shall follow the procedures required in the request for proposal process and these ordinances.

6-11-5-1 Title of Provisions. This chapter shall be known as “Consultant Selection.”

6-11-5-2 Purpose of Provisions. It is the intent of the Commission in adopting the ordinance
codified in this chapter that the procedure for selecting consultants shall afford all qualified persons
and entities an equal opportunity for an award. Consultants shall be selected by a request for
qualification or proposal process.

A. The Commission may establish Consultant Selection Committees. The committee shall
consist of both County elected officials, department heads, or a designated representative:
1. The Commission shall designate an elected official to act as chair.
2. The Purchasing Agent or chair of the committee may appoint such other members as
deemed appropriate for the selection of specific consultants.
3. The committee may adopt procedural rules for the conduct of its business, and it shall
serve at the pleasure of the Purchasing Agent and County Commission.

6-11-5-4 Requests for Consultative Services. Any organization requiring consultative
services estimated to be over seven thousand five hundred dollars shall make a written request to the
Purchasing Agent. The request shall contain information sufficiently detailed for the Purchasing
Agent to make a determination that the services should be acquired by contracting with a person or
entity not in the paid employ of the County. The purchasing agent will establish the format to be used
in the request.

A. No specific consultant shall be requested under this section.

B. Upon approval to hire a consultant, a request for proposals will be prepared in accordance
with purchasing procedures.

6-11-5-5 Requests for Services – Action by County.

A. The requesting organization will develop a request for proposals which defines the scope of
the services to be performed, sets forth the time frame within which the services must be
completed, and identifies other terms and conditions that may be necessary or appropriate;

B. The selection committee will evaluate interested consultants and consultant firms as to
qualifications and licensure, the cost if asked for in the proposal, ability to perform, and other
pertinent matters;
1. Determine the general contractual terms and conditions considered as necessary for
the project; and
2. Submit to the Commission or designee, when possible, a list of three consultants,
qualified to provide the required services.

C. In those instances where specific consultative services are required on an intermittent but
ongoing basis, the committee shall pre-qualify persons and entities interested in providing
such services, and shall establish eligibility lists from which the several organizations of the
County may select consultants on a rotational or other basis providing equality of treatment.

6-11-5-6 Consultant List – Action by Board of County Commissioners.

A. Upon receipt of the list of consultants from the committee, together with its
recommendations, and within thirty (30) calendar days thereafter, the Commission or
designee shall:
1. Approve the selection committee’s recommendation and approve contract
negotiations with the recommended consultant;
2. Reject the recommendation of the committee and select one of the remaining
consultants on the list; or
3. Reject all of the named consultants and refer the matter back to the committee for a
new consultant list and recommendation within (30) thirty days after receipt of the
recommendations.

B. Upon selecting a consultant, a contract for services shall be prepared and approved by the
Commission or designee in accordance with County contract procedures.

A. The expedited procedure set forth in this section shall apply in the following instances:
1. When an organization requires consultative services over five thousand dollars
($5,000) and not more than seven thousand five hundred dollars ($7,500) for a
specific project or where only one consultant has the qualifications to complete the
project;
2. When legal services or expert witnesses are requested by the Commission or by the
attorney;
3. When the services of a medical doctor or dentist are requested by the attorney in
conjunction with criminal or civil litigation, or requested by the director of the health
department, the sheriff or the director of human resources.
A. A written request shall be sent to the Purchasing Agent. The request shall contain
information sufficiently detailed for the board to make a determination that the services
should be acquired by contracting with a person or entity that is not employed by the County.

B. The requesting organization may recommend a specific consultant. The request shall reflect
the cost of the services and whether the cost is within the requesting organization’s budget.
The anticipated source of funding subject to approval of the Commission must be identified
if the required funds are not currently budgeted. The request should also include the proposed
method and frequency of payment to the consultant. The request shall also contain a
statement from the requesting organization that such services cannot be provided by the
County, that the proposed consultant is qualified to perform the services, and that the scope
of work is properly stated.

C. If a specific consultant has been recommended, the requesting organization will list the
qualifications of the person or firm in order to show that the specific consultant possesses the
skills and abilities required. Recommendations shall be made on a reasonable procurement
selection basis. Requests must contain the criteria that was used in the selection process and
may be based on a review of other vendors. Selection may be made on a rotational or other
basis providing equality of treatment. The selection process used by the requesting
organization will be outlined in the request. In addition, the request will contain how the
final cost was obtained. The request will disclose the number and nature of contracts the
consultant has had with the County in the past twelve months.

E. Upon approval of the selected consultant by the Commission, a contract will be signed by
the Commission depending on the contract amount in accordance with County purchasing
procedures.

F. The attorney’s office does not review expedited consultant contracts nor approve as to form
unless requested by the Commission or as required by state statute on an individual contract
basis.

6-11-6-1 Contracts Required – Exceptions. Whenever Weber County acquires, pursuant to
this chapter and other provisions of Weber County Ordinances, labor or services, materials,
equipment, supplies or other personal or real property, whether by purchase or lease, a contract shall
be prepared formalizing such acquisition. The contract may take the form of a properly completed
purchase order or a bilateral contract, as hereinafter required. Small cost purchase amounts and
procedures and approved charges against statutory and general accounts, as defined by policies
adopted by the Commission upon the recommendation of the auditor, are exempt from these
requirements. Contracts shall also be required and processed as provided in this chapter for all grants
and contributions contracts as provided for in countywide policies.

A. The Clerk/Auditor shall act as a repository for all County contracts and purchase orders.

B. Upon receipt of a contract preparation package, the Comptroller will:
1. Ensure that the contract is prepared and drafted and approved by the attorney’s office;
2. Ensure that the contract is reviewed and approved by the requisitioning organization;
and
3. Obtain a certification from the appropriate elected official/ department director or
their designee that funds are available prior to having the contract executed by the
vendor and the Commission;
4. Obtain the approval of the contract from the auditor’s office as to the availability of
funds prior to having the contract executed by the vendor and either the Purchasing
Agent or the Commission. If there is a problem with funding, or there is a delay, the
auditor will in writing detail problems or their concerns to Purchasing and requesting
department. If no response is received within five (5) working days, the Purchasing
Agent may go forward with the processing of the contract(s) to the Commission.

C. After the contract has been approved and executed by the Commission, the Clerk/Auditor
will forward a fully executed copy of the contract to the appropriate organizations and to the
vendor or contractor. Such copies will reflect the County contracts management number.
Additionally, a copy of the fully executed contract, the contract preparation package, and any
other documents or correspondence relating to the acquisition will be maintained by the
Clerk/Auditor.

D. Agreements under the Interlocal Cooperation Act shall be approved by the Commission and
executed by the chair of the Commission after approval as to form by the attorney.

A. A bilateral contract signed by both parties, and not a purchase order, is required:
1. Whenever property is acquired by means of lease, rental, or installment purchase,
where the total cost is in excess often thousand dollars;
2. Whenever personal property is required where the exact quantity of goods, or the
specific date when the goods will be needed, are unknown, and the estimated total
cost is in excess of ten thousand dollars;
3. Whenever services are required by the County where the total cost is in excess of ten
thousand dollars;
4. Whenever consultant or consultive services are to be acquired where the cost is in
excess of one thousand dollars;
5. Whenever real estate or any interest therein is to be acquired, except:
a. When acquired pursuant to the power of eminent domain and entry of a
decree by a court,
b. When acquired as the result of the filing and recording of a map or plat as
required by Section 17-21-801, et seq., Utah Code Annotated (1953), as
amended,
c. When acquired as a condition of the issuance of a building permit,
d. When acquired as the result of the prior owner’s failure to pay property taxes
when due, or
e. When acquired by gift;

6. Whenever the requesting organization, the contracts and procurement division or the
Commission shall otherwise so specify;
7. Whenever the vendor requires that a contract other than a purchase order be signed
by the County;
8. Whenever required by countywide policy on contribution agreements and grants.

B. The Commission hereby delegates to the elected officials or department head the authority
to approve the following types of form/standard agreements (approved by the County
Attorney as to form) on behalf of the County without having such contracts approved at a
Commission meeting:

1. Golden Spike Events Center Director:
Promoter’s and facility or equipment rental contracts, and contracts for providing
space to exhibitors at the Golden Spike Events Center where such agreements are
based on Commission approved fees and/or formulas.

Recreation facility and equipment rental agreements and recreational program
agreements; and

2. Library Director:
Library facility and equipment rental agreements and other agreements as
authorized in the ordinance governing libraries.

3. Information Technology Director:
Agreements for changes in phone service providers when the change does not
result in an increase in fees for such services.

D. Under other circumstances approved by the Purchasing Agent, standard form contracts may
be used. Contracts using a standard format prepared with the assistance of the attorney’s
office do not need to be individually approved as to form by the attorney’s office following
preparation, annual review and approval of the standard contract form by the attorney’s
office. The designation “Standard Contract Form”, form number and date the standard form
was approved shall be included in the contract title. Any alteration of the standard form
language without approval of the attorney shall render the agreement void and without effect
which will be stated in an appropriate part of the contract. The Purchasing Agent and
attorney shall maintain a file of all standard form contracts and review them annually for
approval as to form as provided herein.

E. The duties of the Purchasing Agent may be delegated through contractual agreements
approved by the Commission. A contractual designee shall be subject to the same rules and
regulations as provided in these chapters, or pursuant to such duties and procedures as the
Commission may require.

6-11-6-4 Bilateral Contracts - Preparation and Documentation. Where a bilateral contract
will serve as the contract:

A. Whenever the Purchasing Agent is responsible for acquiring goods or services where a
bilateral contract is required by this chapter, the Purchasing Agent will obtain a contract. The
Purchasing Agent may prepare a contract preparation package for the attorney’s office. The
contract package, if prepared, shall contain those documents and materials that the
Purchasing Agent deems necessary to assist the attorney in preparing the contract. The
Purchasing Agent will retain on file, by either hard copy or on-line computer system storage,
the original requisition, request for bids or proposals, the evidence of publication, all bids or
proposals submitted, a copy of any contract which is prepared and approved, and any other
documents or correspondence relating to the acquisition.

B. The attorney’s office will draft the contract and approve it as to form in accordance with this
chapter if the contract package is submitted to that office. The Purchasing Agent will ensure
that the contract is reviewed and approved by the requisitioning organization, and will have
the contract executed by the vendor.

C. Whenever consultant or consultive services are to be acquired by the County, the chair of the
consultant selection committee shall ensure that a contract preparation package is assembled
and forwarded to the attorney’s office if contract services are to be approved as to form. The
package will include a copy of the letter requesting consultive services, a copy of the
approval of the request, a copy of the request for proposals, if any, a copy of the successful
proposal, if any, a copy of the board’s action approving the award, and a cover letter from
the appropriate elected official, their chief deputy or department director or their designee
specifying any known matters which need to be covered in the contract that may not
otherwise be set forth in the above documents. The chair of the consultant selection
committee will retain on file the original letter requesting consultive services, the approval,
the request for proposals, the affidavit of publication, all proposals submitted, together with
a copy of any contract which is prepared, and any other documents or correspondence
relating to the acquisition.

D. Whenever grant or service provider funds are being allocated to qualified recipient agencies,
the director of the requesting organization shall ensure that a contract preparation package
is submitted to the contracts and procurement division. The package will include the request
for proposals, the approved successful proposal, and a cover letter specifying any matters
which need to be covered in the contract that may not be specified in the above documents.
The director of the requesting organization will retain on file the request for proposals, the
affidavit of publication, all proposals submitted, a copy of any contract which is prepared,
and any other documents or correspondence relating to the acquisition of services or grant
of funds.

E. Whenever public funds are to be expended for the construction or repair of any public work
or facility, the Purchasing Agent will ensure that a contract preparation package (RFP, RFQ,
etc.) is assembled. The package will include the request for bids, the approved successful
bid, and a cover letter specifying any known matters which need to be covered in the contract
that may not otherwise be set forth in the contract preparation documents. The contract
package shall be forwarded to the attorney for review and approval as to form. The
Purchasing Agent will retain on file a copy of the request for the construction or repair
services, the original request for bids, all bids submitted, a copy of any contract that is
prepared, and any other documents or correspondence relating to the acquisition.

A. Contracts shall only be amended pursuant to the provisions of the original agreement. Any
amendment to the contract must be authorized and processed according to the requirements
of this chapter. The total cost of both the original and amended contract must be used to
determine the appropriate procurement and contracting method.

B. The amendment must be in writing, and in the same form as the original agreement, and
expressly specify all terms and conditions amended and which terms remain unchanged. The
same parties that signed the original agreement must sign the amended agreement unless an
authorized assignment is part of the amendment.

C. Contract amendments shall not be used to procure a new product, project or service that is
not within the scope of the original agreement. Amendments including change orders should
be used to procure goods or services that are compatible with the terms and conditions of the
original agreement but were unforeseen at the time of contracting.

6-11-6-6 Approval of Contracts as to Form. “Approved as to form”, except as otherwise
required by law, means only that the County may lawfully enter into the proposed contract, bid or
proposal and that the proposed contract contains no illegal provisions. The authority to approve a
contract, bid or proposal as to form does not grant the attorney’s office the authority to review the
terms of the proposed agreement for reasonableness or marketability, nor does it grant the authority
to determine whether the proposed agreement represents good public policy, or is in the best interest
of the County, or is the most cost effective transaction. The Commission may, ten days after giving
the attorney a request for a written explanation of the delay in approving an item as to form and a
failure of the attorney to reasonably explain the delay, proceed to execute or process the requested
item.

A. A purchase order may be used whenever goods or services are to be acquired by outright
purchase, with payment to be made after the goods or services have been delivered or
performed and accepted, and where the delivery of all items or the performance of all
services is expected to occur at the same time, or as otherwise specified in the requests for
bids. The purchase order shall specify the nature of the goods or services to be acquired, the
purchase price thereof, freight charges, prompt payment discounts, the delivery date, the
person or entity from whom the same is being acquired, the organization for whom the
acquisition is being made, and such other provisions as may be appropriate or required. The
purchase order shall incorporate by reference all the terms, conditions and specifications, if
any, contained in the request for bids.

C. The purchase order shall not be released to, nor signed by the Purchasing Agent, until after
it has been approved for encumbrance by the auditor and for purchase orders over five
thousand dollars ($5,000), approved by the Commission.

6-11-6-8 Purchase Orders - Preparation and Documentation. Where a purchase order will
serve as the contract:

A. The Purchasing Agent shall ensure that all purchase orders contain, at a minimum, the
information set forth in this ordinance.

B. The Purchasing Agent will retain on file, by either hard copy or on-line computer system
storage, all original requisitions, request for bids or proposals, all bids or proposals
submitted, evidence of publication showing that there has been advertisement for bids or
proposals, and any other documents or correspondence relating to the acquisition.

C. Requisitions and purchase order records are to be kept on file or in computer storage for such
time as prescribed in retention schedule adopted pursuant to the Utah Government Records
Access and Management Act (GRAMA).

6-11-6-9 Determination of Amount of Expenditures. All County officers and employees,
when deciding on the amount of a purchase shall make such determination after adding together all
amounts to be paid over the entire term of the contract, including shipping charges, maintenance
which is part of the contract, and any other costs or expenses to be borne by the County in connection
with the acquisition. No contract, project or order shall be amended or split into parts by any
organization so as to produce lesser amounts for the purpose of avoiding the provisions of this
ordinance.

6-11-6-10 Availability of Funds. Availability of funds must be certified prior to execution of
the contract by the requestor and Clerk/Auditor.

6-11-6-11 Contracts Required to Performance. A contract, whether a purchase order or a
bilateral contract, must be properly completed and executed as set forth in this chapter prior to the
delivery of any goods or the performance of any services by a vendor, or the acceptance thereof by
the County, except when the public emergency will not tolerate the delay. However, the contract
must be executed prior to any payment by the County.

6-11-6-12 Payment Procedures - Purchase Orders. The purchase order shall serve as the
basis for payment only where it is the sole contract relating to the acquisition of such goods or
services. Payment requests against purchase orders shall be processed by the Clerk/Auditor.

A. Whenever a bilateral contract exists or, in accordance with this chapter, should exist,
payments shall be initiated by means of a written request for payment from the authorized
agency representative directed to the County auditor’s office, rather than directed to the
Purchasing Agent. Contract payments shall reference the contract number, and payment shall
be made as a release against that contract, or as a reduction of the encumbered amount.

B. No payments shall be made for the acquisition of any goods or services acquired, except for
small cost purchases with prior payment required as part of the terms and conditions of the
underlying contract, unless the auditor:
1. Has investigated, examined and inspected each invoice or other billing incurred by
or on behalf of the County and recommends approval or disapproval of invoice or
billing and endorses the recommendation to the Commission;
2. Has determined there are funds available both in existing appropriations and within
the limits of the contract amount specified in the automated system;
3. Has determined the amount will be charged against the appropriate budgetary unit,
and is classified in the appropriate general ledger account;
4. Has received a properly authorized request from the requisitioning organization that
payments be made under the terms and conditions of the contract;
5. Has matched the payment request against a valid invoice or an appropriate substitute
form of original billing from the vendor/payee, or has otherwise determined the
billing to be proper, and has resolved any and all pricing and quantity differences;
and
6. Has reviewed the request and determined compliance with existing payment
procedures and recommends approval.

A. Whenever payment is requested from Weber County that is not provided for by contract,
purchase order or other process under this Title, the payment will be processed as a claim
under the procedures of this ordinance.

A. A review for lawfulness shall be done by the attorney at the request of the Commission. The
request and the response shall be in writing.

B. All claims except those by a member of the Commission for their own expense shall be
forwarded to the Clerk/Auditor for review and recommendation. The response shall be in
writing.

C. All claims for goods and services must contain the following: itemization including names,
dates, goods provided, and services rendered..

A. All claims against the County, elected officials, employees or approved volunteers of the
County caused by an act or omission that occurs during the performance of duties, within the
scope of employment or under color of authority, shall be filed pursuant to the provisions of
the Utah Governmental Immunity Act.

B. The Clerk/Auditor is designated as the records custodian of all notice of claims and shall,
upon receipt of a notice of claim, maintain a record of the date, time and manner of delivery
to the Clerk/Auditor, together with the name of the claimant and the parties claimed against.
The Clerk/Auditor shall, upon receipt of a notice of claim, deliver copies of the notice of
claim to the Commission and the attorney identifying the date and time the claim was
received. The attorney shall respond to the Commission in writing within seventy-five days
of receipt of the claim from the clerk’s office. All notices of claim are barred unless filed in
strict compliance with the provisions of the Act. The attorney or his or her designated deputy
and the Commission or his or her designated representative, shall review and make
recommendations on all claims and no claim may be settled by the attorney, except as
authorized in the Risk Management Policy, without the concurrence or delegation of the
Commission.

6-11-7-4 Defense of Officers, Employees and Approved Volunteers - Liability and
Settlement.

A. The County, through the office of the Commission, will provide defense and indemnification
of the County parties including individual officers, employees and approved volunteers under
the requirements of the Act. The Commission will control the direction, defense and
settlement of all actions where the County is a party and where the Commission has directed
that the County assume the defense and indemnification of the individual officer, employee
or approved volunteer after consultation with the attorney. The attorney will prosecute or
defend actions involving the County or County parties under the Act and pursuant to policies
of the attorney and make decisions on the proper legal methods or means to implement the
Commission’s directions. The Commission may hire counsel either to assist the attorney.
when requested by the attorney, or when there is a legal conflict of interest precluding the
attorney from conducting the defense. In cases where an officer, employee or approved
volunteer is sued in his or her representative, official, individual or personal capacity, he or
she shall be consulted prior to settlement or resolution of the case.

B. Individual officers, employees and approved volunteers will direct a written request for
defense to the Commission pursuant to the act within ten days of being served with process.
The Commission will forward the request to the attorney for recommendation. After
consultation with the attorney the Commission will notify the employee, within ten days of
the written request for defense, in writing of the decision regarding the defense including the
reasons if defense is denied and any reservation or limitation regarding the defense. The
Commission will keep a record of all requests for defense including dates and times received
and forwarded. Failure to make a written request to the Commission may result in denial of
a defense. Officers, employees and approved volunteers and their supervisors must fully
cooperate with the Commission and attorney in conducting the defense.

6-11-7-5 Travel Claims of the Board County Commissioners. Travel claims presented by
a member of the County Commission or Commission for the member’s or Commission’s own
expense for service rendered shall be itemized as provided in this ordinance and shall be presented
to the attorney. The attorney shall endorse in writing his opinion about the legality of the claim and
if rejected the reasons for the rejection. If approved, the claim and opinion will be forwarded to the
auditor for payment. Commission members shall follow the financial requirements of the County
concerning expenditures and claims.

6-11-7-6 Advocating Claims. No officer or elected official shall present or advocate a claim
made for any other person, except a County officer may forward to the Commission a request for
payment by another person. A County officer may forward to the Commission a request for payment
or relief from payment and may endorse on the claim the officer’s recommendation.

6-11-7-7 Attorney Opposition to Unauthorized Payments or Claims. Pursuant to Section
17-53-103, Utah Code Annotated, the attorney may refer for investigation by a County or district
attorney from another County any payment paid or warrant drawn or payment requested without
authority of law or lawful count purpose. The requested investigation may proceed without approval
by the Commission.

6-11-8-1 Purchasing Agent for Weber County Library. Notwithstanding the provisions of
this title, the director of the Weber County Library shall be the Purchasing Agent of the County in
contracting for the purchase, lease or sale of books, magazines, periodicals, films, and similar
materials of an educational or instructional nature for the Weber County Library use. The director
of the Weber County Library shall conform to the requirements as set forth in 6-11-6-7 of this
ordinance.

6-11-9-1 Purchasing Agent for Bank Services. Notwithstanding the provisions of this title,
the Treasurer shall be the Purchasing Agent of the County in contracting for ordinary and necessary
bank services for all offices, departments, divisions and subdivisions of Weber County. Ordinary
and necessary bank services are services routinely and regularly provided by financial institutions
to their corporate customers in the ordinary course of business, including: depository facilities
deposit processing, remittance processing, electronic collection services, electronic payment services,
check clearance, credit reconciliation, debit reconciliation, securities safekeeping, account
maintenance services, cash management services and treasury management services. The actual net
cost of bank services shall be charged by the Treasurer against gross cash management earnings.

6-11-9-2 Investment of Public Monies. All public monies in the custody of the Treasurer
shall be held and invested by the Treasurer in accordance with Title 17, Chapter 24, Utah Code
Annotated (1953) and Title 51, Chapter 7, Utah Code Annotated (1953), State Money Management
Act, and the Treasurer shall execute and maintain a copy of all agreements required thereby.

6-11-9-3 Costs of Debt Issuance and Related Charges. The Treasurer may pay or provide
for the payment of costs of issuing, retiring or refunding County debt in accordance with the
resolution authorizing issuance of the debt.

6-11-10-1 Personal Property. The power to dispose of surplus, obsolete, or unusable personal
property held by the County is vested in the County Purchasing Agent. The Board of Commissioners
shall declare such property as may be surplus, obsolete or unusable and authorize the Purchasing
Agent to dispose of said property in any manner that the Purchasing Agent deems to be in the best
interest of the public. Such disposition may be by sale, salvage, trade, donation or disposal as
appropriate. Purchasing Agent may approve individual departmental policies regarding disposal of
specialized County property.

6-11-10-2 Real Property. The power to dispose of surplus real property owned by the County
is vested in the Property Management Division of the Operations Department, and shall be disposed
of in accordance with the provisions of this Chapter.

A. Real property may be disposed of by public auction, by listing with a licensed Realtor, by
negotiation, by trade, by sealed bid, or as otherwise approved by the Board of County
Commissioners after the property is declared surplus by the Board of County Commissioners.
County Commissioners may refuse any or all offers or bids for real property.

B. A description of any real property for which an offer has been received or which the Property
Management Division determines should be disposed of shall first be submitted to the
County Surveyor's Office for verification and approval of the description. Further action may
not be taken on the sale of the property until the legal description has been verified by the
County Surveyor's Office.

C. If the real property proposed for disposition is adjacent to or may reasonably be used for
water-shed management, recreation, grazing, or wildlife protection, then the offer to purchase
or description of the property shall be referred to the Public Lands Advisory council for
review and comment prior to it being declared surplus. The Council shall have twenty-one
(21) days from the time it receives the request from the Property Management Division or
the Board of County Commissioners in which to review the proposal and return comments
to the Board of County Commissioners.

D. If the assessed value of the property as determined by the records of the County Assessor's
Office is less than $10,000, then the property may be declared surplus and marketed without
further determination of value. If the assessed value is greater than $10,000, then an opinion
of value letter by a licensed Real Estate Broker or a certified appraisal from an Appraiser
shall be procured before the property is declared surplus and sold. An appraisal shall not be
required if an appraisal on the property has been provided within the past twenty-four (24)
months.

6-11-10-3 Significant Parcels of Real Property. The disposition of a significant parcel of real
property shall be made only with the approval of the Board of County Commissioners after a public
hearing with notice as required herein.

A. A “significant parcel of real property” means real property with a value in excess of $100,000
or is more than 10 acres in area.

B. The Board shall call and hold a public hearing concerning disposition of a significant parcel
of real property which hearing may be at any special or regularly scheduled meeting of the
Board, at which hearing all interested persons may appear and be heard. Public notice shall
be given of the hearing, which shall contain the date, time and place thereof, a statement of
the purpose of the hearing, and a description of the property or interest therein to be disposed
of. Such notice shall be published at least once prior to the hearing in a newspaper of general
circulation of the County, and the hearing shall be held not sooner than fourteen (14) days
after the publication of the notice thereof.

6-11-10-4 All Other Parcels of Real Property. The Property Management Division may
dispose of all other parcels of real property (meaning those parcels not deemed to be significant) in
any manner authorized in this Chapter. The sale or other transaction divesting the County of such
real property shall be approved at a County Commission Meeting not less than fourteen (14) days
after it has been declared surplus so that interested persons may submit comments regarding the
disposition to the Board of County Commissioners.

A. No disposition of real or personal property shall be finalized until after the Board, at a
regularly scheduled Commission Meeting, shall have reviewed and approved the manner of
disposition.

B. The Clerk/Auditor shall maintain permanent public records reflecting the description of the
property sold or otherwise conveyed, an appraisal of the property or opinion of value letter
if required by this ordinance, the manner of disposition, the consideration received by the
County, the identity of the person to whom such property was sold or otherwise disposed of,
the date of the disposition, the date of approval by the Board, and the nature of the County’s
use of the property prior to disposition.

6-11-11-1 Stolen Property Defined. For purposes of this chapter, “stolen property” means all
property held by the sheriff as part of a criminal investigation into the theft or robbery of goods, or
related offenses.

6-11-11-2 Investigation and Seizure of Goods Reported Stolen. The sheriff shall investigate
all goods reported stolen by theft or deception and may seize the same pending the completion of
the criminal investigation.

A. All property seized by the sheriff as part of a criminal investigation shall be returned in
accordance with any court orders governing the disposition of the goods in the criminal
proceeding.

B. If the case is not prosecuted or there is no court order governing the disposition of the
property, the property will be disposed of as follows:
1. All property stolen or wrongfully taken from an owner without any form of consent
or acquiescence on his part shall be returned to the owner, provided that the owner
can establish his right to possess such property and the attorney has authorized it.
2. All property involved in theft by fraud or deceit, where the owner may have
consented or acquiesced in the taking of property by the thief, shall not be returned
to the owner until the case file is reviewed by the attorney to ensure that any
intervening interests that may have inured to a bona fide purchaser or pledger of
goods having a voidable title under the Uniform Commercial Code, § 70A- 1-101,
et seq., Utah Code Annotated (1953), as amended, are protected. In the case of goods
transferred with a voidable title, the sheriff shall dispose of this property in
accordance with the instructions of the attorney. After returning the property, the
sheriff shall notify all parties who may have an interest in the goods as to the
disposition of the property. However, it is expressly understood that firearms seized
by the sheriff shall be returned to the owner only if the owner is entitled to possess
the firearms under state and federal law.

6-12-1.1 Purpose. This Chapter is enacted to provide a method for preserving evidence of land surveys by establishing standards and procedures for monumenting and for filing a public record of the surveys.

a. Boundary Monument. Any physical object, regardless of type of material or marking, intended to represent a property corner or line.

b. Land Surveyor. Means a person who is qualified to practice land surveying by reason of special knowledge of the technique of measuring land, the basic principles of mathematics, the related physical and applied sciences, the relevant requirements of the law for adequate evidence, and the requisites to surveying of real property, and who is licensed pursuant to Utah Code Annotated, 58-22-101 et seq., (2003) as amended, or who qualifies under one of the non-licensing exception of U.C.A. 58-22-305, (2003) as amended.

1.a. Each land surveyor making a survey of lands within Weber County who establishes or reestablishes any boundary line, or obtain data for constructing a map or plat showing a boundary line shall file a map of the survey that meets the requirements of this section with the county surveyor within 90 days of the establishment of the boundary.

a. The location by quarter section or lot number, section number, township and range.

b. The date of the survey, meaning the date the survey and/or map/plat was prepared.

c. The scale at which it is drawn and a North arrow. When viewing the plat with the long dimension in a horizontal position, North or East must be to the top of the plat.

d. The distance and bearing of all lines traced or established by the survey. If such a line is a curve, the radius, arc length, and central angle must be shown. If the curve is not tangent to straight lines at the point of curvature, the chord bearing must be shown as well.

e. The basis of bearings for the survey. The words "Basis of Bearing" must be shown on the plat between two existing, described government monuments. The government monuments may be section corners, city or county street monuments, or horizontal network stations maintained by a government agency. The Utah State Plane Grid bearing must be used where it is readily available.

f. A measurable mathematical relationship between the property and the monument from which it is described. If that monument is not in place, its mathematical location must be shown as well as a mathematical relationship to a monument in place.

g. All measured bearings or distances separately indicated from those of record if not in agreement.

j. A detailed description of all monuments found or set including type, size, length and how marked, indicated separately.

l. The seal or stamp and signature of the Registered Land Surveyor responsible for the survey.

(ii) The basis on which lines were established. The surveyor should explain what decisions he made in formulating the boundary such as the basis of bearing for the description or the use of any proration methods.

(iii) The found monuments or deed elements that controlled the established or reestablished lines. If the description calls for any monuments in the broad sense of the term (right-of-way lines, subdivision boundaries, fences, etc.) the surveyor should indicate what he found relating to these calls.

(i) Location by quarter section or lot number, section number, township and range.

c. The map and narrative shall be referenced to each other if they are separate documents.

4.a. Maps shall be filed on linen or mylar at one of two sizes; 18" x 24" or 24"x 36".

5.a. The minimum standard for a boundary monument shall be a number five rebar 24" in length. Where grounds conditions do not permit such monumentation, substitute monuments must be durably and visibly marked or tagged with the registration number of the surveyor in charge.

b. If the monument is set by a public officer, it shall be marked with the official title of the office.

6-12-3 Fees. The County Surveyor shall collect a twenty dollar ($20) filing fee for each survey filed to cover administration expenses. For surveys containing more than one sheet, the County Surveyor shall collect an additional twenty dollars ($20) for each additional sheet contained in the survey.

6-12-4 Penalty. A violation of the provisions of this ordinance or conducting a survey without a license shall constitute a Class B misdemeanor, carrying the applicable penalties as prescribed by law.

This ordinance shall take effect fifteen (15) days after publication in a newspaper having general circulation in Weber County.

Sections 6-13-1 Consolidation confirmed (This Title amended 9/9/91, Ord.19-91. Repealed 2/14/94, Ord. 5-94, effective ½/95. Recombining of Clerk/Auditor adopted by Ord. #6-94, adopted 2/14/94, effective ½/95)

6-13-1 Consolidation confirmed. The duties, functions, and responsibilities of the Weber County Clerk and the Weber County Auditor are hereby consolidated with the consolidation to take effect at 12:02 a.m., on Monday, January 2, 1995, which is the first Monday of January next succeeding a general election.

a. The consolidation referred to in Section 1 above shall not in any way affect the term of office of the present Weber County Clerk/Auditor/Treasurer, which terms end January 2, 1995.

b. As provided for in Section 17-16-3, Utah Code Annotated (1953) as amended, the enactment of this ordinance will be effective on Monday January 2, 1995. For that reason only one person shall be elected to the office of Weber County Clerk/Auditor and one person to the office of the Treasurer in the 1994 election and every four years thereafter.

c. The term of office for the Weber County Clerk-Auditor shall be a term of four (4) years, commencing on the first Monday in January, 1995 through and including the first Monday in January, 1999, with each term to be four (4) years thereafter. The term of office for the Weber County Treasurer shall be a term of four (4) years, commencing on the first Monday, in January, 1995, through and including the first Monday in January, 1999, with each term to be four (4) years thereafter.

d. The annual salary of the Weber County Clerk/Auditor effective January 2, 1995, shall be and is hereby established at $51,646 but shall be automatically increased as of January 2, 1995, to reflect any cost of living granted to elected officials in 1994.

e. The annual salary of the Weber County Treasurer effective January 2, 1995, shall be and is hereby established at $51,646, but shall be automatically increased as of January 2, 1995, to reflect any cost of living granted to elected officials in 1994.

6-13-2 Publication. The Weber County Auditor/Clerk/Treasurer is hereby directed to publish a notice in the Standard Examiner declaring that persons may file for the office of Weber County Clerk/Auditor and the Weber County Treasurer by filing and paying the statutory filing fee. Further, the Weber County Clerk shall inform each of the political parties in Weber County of the reconsolidation. The purpose for directing the Auditor/Clerk/Treasurer to publish notice in the paper and inform each political party within the County is to allow any person who meets the statutory requirement to file and campaign for the offices specified above.

ORDINANCE OF WEBER COUNTY ADOPTING AND DEFINING PROCEDURES THE COUNTY TREASURER SHALL UTILIZE FOR NOTIFICATION AND REFUND OF REAL PROPERTY TAX OVERPAYMENTS

6-14-1 Title. This ordinance shall be known as the "Real Property Tax Overpayment Refund Procedure."

6-14-2 Purpose. To adopt procedures pursuant to Section 59-2-1321 Utah Code Annotated 1953, as amended for the refund of real property tax overpayments.

6-14-3 Notification Procedure. If real property taxes are paid more than once or overpaid on a piece of real property the County Treasurer shall make a good faith effort to notify the owner of record and/or the payor of the real property tax overpayment. The notice shall include instructions concerning the procedures for obtaining a refund.

6-14-4 Procedure for refund of overpaid Real Property Taxes. If real property taxes are paid more than once or overpaid on a piece of property, and the payor of the real property taxers requests a refund, the County Treasurer is hereby directed to refund or pay as requested by the payor, the overpayment, without interest, in a timely manner subject to the final approval of the County Commission as required in Section 6.

6-14-5 Procedure for Credit Against Current Real Property Taxes Due. If the real property taxes are paid more than once or overpaid on a piece of real property and the overpayment has not been refunded on or before August 15, of the year following the overpayment, the County Treasurer shall apply the overpayment against the current years real property tax on that same piece of property and shall include in the tax notice required by Section 59-2-1317 Utah Code Annotated 1953, as amended a notification of the overpayment applied, thus reducing the balance due on the current years real property taxes.

6-14-6 Procedure for Reporting and Approval of the County Commission. As required by Section 59-2-1320 Utah Code Annotated, 1953 as amended, the County Treasurer shall present a report to the County Commission for approval indicating the activity in the overpaid tax account. The report shall be prepared in a manner similar to the following:

6-14-7 Administrative Expenses. The County Treasurer may deduct from the overpaid tax fund and the interest thereon:

a. Costs for mailing and publication in connection with the unclaimed property tax overpayment;

b. A reasonable service charge for the County's administration of the unclaimed property tax account.

6-14-8 Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

ORDINANCE OF WEBER COUNTY PROVIDING FOR A SMOKE FREE ENVIRONMENT FOR WEBER COUNTY EMPLOYEES AND OTHERS WHO WORK OR DO BUSINESS IN BUILDINGS OWNED AND OPERATED BY WEBER COUNTY

6-15-1 Title. This ordinance shall be known as the "Weber County Smoke-Free Environment Ordinance."

6-15-2 Purpose. The purpose of this ordinance is to protect the health, safety, and welfare of county employees and the public who enter and do business in buildings which are owned or operated by Weber County.

6-15-3 Effective Date. This ordinance shall become effective as of 12:01 a.m., January 1, 1992.

6-15-4 Prohibited Activity. No person shall smoke in any building owned or operated by Weber County except in "designated smoking areas. "This prohibition does not apply to buildings where an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the management of the county.

6-15-5 Affected Buildings. Buildings owned or operated by Weber County shall include but not be limited to: the Weber County Library Buildings, County Human Services Buildings, Municipal Building, Health Building, County Shops, Sheriff's Offices, Weber County Jail, Children's Justice Center, Property Management Building and buildings at the Weber County Fairgrounds.

6-15-6 Exception for Designated Smoking Areas. When satisfied that physical barriers, ventilation systems, and seating arrangements are adequate to reasonably limit the toxic effect of smoke in adjacent non-smoking areas, the Board of County Commissioners may specify a room or rooms in a building as a designated smoking area.

This amendment shall become effective 15 days after the date of its passage by the Board of Weber County Commissioners.

6-15-7 Penalties. Any person violating any of the provisions of this ordinance shall be guilty of an infraction.

An Ordinance of Weber County establishing County policies regarding the maintenance and preservation of accurate public records; providing access to records by members of the public and in accordance with State statute, setting out response time requirements and fees for public record access requests; designating a County Records Officer; providing an appeal process for denial of record requests; and establishing other procedures regarding the storage of and access to governmental records held by the County. (Adopted 1/13/93, Ord. 1-93)

A. "Act" shall refer to the Government Records Access and Management Act, Subsection 63-2-101, et. seq., Utah Code Annotated, 1953, as amended.

B. "Agency" shall refer to any office, department, division, section, staff office, board, committee or other division of Weber County Government, and public or private entity or person which contracts with the County to provide goods or services directly to the County, or any private non-profit entity that receives funds from the County.

C. "Computer software program" means the series of instructions or statements that permit the functioning of a computer system in a manner designed to provide storage, retrieval, and manipulation of data from the computer system, and any associated documentation, manuals, or other source material explaining how to operate the software program. "Software" does not include the original data or record which is manipulated by the software.

D. "Controlled" records shall be those defined as controlled under the provisions of this ordinance and in accordance with the provisions of the Act.

E. "Data" shall refer to individual entries (for example, birth date, address) in records.

F. "Designate" or "Designation" means to give an initial or primary classification to a record or record series indicating the likely classification that a majority of such records or record series would be given if classified.

G. "Dispose" means to destroy, or render irretrievable or illegible, a record or the information contained in it by any physical, electronic, or other means, including unauthorized deletion or erasure of electronically recorded audio, visual, non-written formats, data processing, or other records.

H. "Non-Public" records shall refer to those records defined as private, controlled, or protected under the provisions of this ordinance and of the Act.

I. "Private" records shall refer to those records classified as private under the provisions of this ordinance and of the Act.

J. "Protected" records shall refer to those records classified as protected under the provisions of this ordinance and the Act.

K. "Public" records shall refer to those records which have not been classified as non-public in accordance with the provisions of this ordinance and the Act.

L.1. "Record" means all books, letters, documents, papers, maps, plans, photographs, films, cards, tapes, recordings, or other documentary materials, and electronic data regardless of physical form or characteristics, prepared, owned, used, received, or retained by the County where all the information in the original is reproducible by some mechanical, electronic, photographic or other means.

(a) Temporary drafts or similar materials prepared for the originator's personal use or prepared by the originator for the personal use of a person for whom he is working;

(d) Junk mail or commercial publications received by the County or by an officer or employee of the County;

(e) Books and other materials that are catalogued, indexed, or inventoried and contained in the collections of County libraries open to the public, regardless of physical form or characteristics of the material;

(f) Personal notes or daily calendars prepared by any County employee for personal use or the personal use of a supervisor or such notes, calendars or internal memoranda prepared for the use of an officer or agency acting in a quasi-judicial or deliberative process or pursuant to matters discussed in a meeting closed pursuant to Utah Open Meetings Act; or

(g) Proprietary computer software programs as defined in subsection C above that are developed or purchased by or for the County for its own use.

Controlled records shall be those County records classified as "controlled", as defined in the Act and as classified and defined in procedures established in this chapter and in accordance with the Act.

Controlled records shall be made available to a physician, psychologist, or licensed social worker who submits a notarized release dated not more than 90 days prior to request from the subject of the record or any person presenting a legislative subpoena or a court order signed by a judge of competent jurisdiction.

Private records shall be those County records classified as "private", as defined in the Act and as classified and defined in procedures established pursuant to this chapter and in accordance with the Act.

Private records shall be made available to the following persons: the subject of the record, the parent or legal guardian of an unemancipated minor who is the subject of the record, the legal guardian of an incapacitated individual who is the subject of the record, any person who has a power of attorney or a notarized release dated not more than 90 days prior to the request from the subject of the record or his legal representative, or any person possessed of and serving a legislative subpoena or a court order pursuant to a court of competent jurisdiction.

Public records shall be those County records as defined in the Act as public. Public records shall be made available to any person. All County records are considered public unless they are expressly classified otherwise in accordance with policies and procedures established under this chapter and the Act or made non-public by the Act or other applicable law.

Members of the public shall have the right to see, review, examine and take copies in any format maintained by the County all County governmental records designated as "public" under the provisions of this chapter, and of the Act and policies and procedures developed hereunder.

Protected records shall be those County records classified as "protected", as defined in the Act and as classified and defined in procedures established in this chapter and in accordance with the Act.

Protected records shall be made available to the person who submitted the record, to a person who has power of attorney or a notarized release dated not more than 90 days prior to the request from any persons or governmental entities whose interests are protected by the classification of the record, or to any person presenting a legislative subpoena for a court order regarding the release of the information and signed by a judge of competent jurisdiction.

6-16-3 Presumption of Public Status. The County recognizes and upholds the personal right of privacy retained by persons who may be the subject of governmental records. The County also recognizes that the Act and Utah case law establishes a presumption that governmental records will generally be considered open and public, with certain specific exceptions. In circumstances where a records public or non-public status is not specifically established by the Act or another statute, by this ordinance, or by policies established or designations made under this ordinance, the public's right to access and the record subjects right of privacy must be compared. The County shall not release any records when to do so would constitute a clearly unwarranted invasion of personal privacy, in accordance with the Act and procedures established in this ordinance. Under circumstances and procedures established by this ordinance, certain items of data may be rendered non-public, although other items of data in the record or the record itself may be classified public.

6-16-4 Designation, Classification and Retention of Records. All County records and records series, of any format, shall be evaluated, designated, classified and scheduled for retention according to the provisions of the Act and this chapter. The County may designate or redesignate or classify or reclassify records or data at any time and is not required to classify a particular record or item of data until access thereto is requested. Any records or records series generated in the future shall also be so designated, classified and scheduled for retention. Records designation, classification and scheduling for retention shall be conducted under the supervision of and proposed schedule submitted to the County Records Officer who shall be assisted by a Records Classification and Retention Review Committee consisting of the Records Officer or designee and the agency director of the agency in charge of the record in question, or designee. Assistance may be requested from the County Attorney as needed. Designation, classification and retention scheduling forms and guidelines shall be prepared and promulgated by the Records Officer and the Records Policy administration.

A. A person may request a record from any County department at any time either orally or in writing.

B. Under circumstances in which an agency is not able to immediately respond to a records request, the requestor shall fill out and present to the agency a written request on forms provided by the County. The date and time of the request shall be noted on the written request form at all times provided under this chapter shall commence from that time and date. Requestors of non-public records shall adequately identify themselves and, if applicable, their status when requesting access to non-public records.

C. An agency may respond to a request for a record by approving the request and providing the records, denying the request, or such other appropriate response as may be established by policies and procedures. If a written request is denied in whole or in part, the agency shall provide a notice of denial to the requestor. The denial notice shall include the reasons for denial and information regarding the appeals process and such other information as may be required by this chapter and the act.

D.1. An agency shall respond to a written request for a record as soon as is reasonably possible, but not later than 10 business days after receiving the request or five business days after receiving the request if the requestor satisfactorily demonstrates that an expedited response time primarily benefits the public at large, rather than the requestor individually. A requestor seeking records for publication or broadcast purposes is presumed to be acting primarily for the benefit of the public at large.

2. The following extraordinary circumstances shall justify an agency's failure to timely respond to a written request for a record and shall extend the time for response thereto to that time reasonably necessary to respond to the request, as determined by the agency director. Extraordinary circumstances include:

a. The agency, another agency, or some other governmental entity is currently actively using the record requested;

b. The record requested is for either a voluminous quantity of records or requires the agency to review a large number of records or perform extensive research to locate the materials requested;

c. The agency is currently processing either a large number of records requests or is subject to extraordinary seasonal work loads in the processing of other work;

d. The release of a record involves legal issues that require an agency to seek legal counsel for an analysis of political law;

e. The request involves extensive editing to separate public data in a record from that which is not public; or

f. Providing the information requested requires computer programming or other format manipulation.

When a timely response cannot be made to a record request, the agency shall notify the requestor that it cannot immediately approve or deny the request because of one of the extraordinary circumstances listed above, and provide an explanation of the circumstances and an estimate of the time required to respond to the request. If the agency falls to provide the requested record within the estimated time, that failure shall be considered a denial of the request.

E. The failure or inability of an agency to respond to a request for a record within the time frame set out herein, or the agency's denial of such a request, shall give the requestor the right to appeal as provided in this chapter.

F. Any record which is subject to litigation, criminal investigation or audit or has been requested in accordance with this ordinance and the Act, that is disposable by approved retention schedule, may not be disposed of until the litigation or audit has been resolved or the request is granted and fulfilled, or 60 days after the request is denied if no appeals are filed, or 60 days after all appeals are completed.

G. In response to a request for access, an agency may redesignate or reclassify the record or segregate data in the requested record in accordance with this chapter and the Act.

H. The County or any agency thereof has no obligation to create a record or record series in response to a request from a member of the public, if the record requested is not otherwise regularly maintained or kept.

I. When a record is temporarily held by a custodial County agency pursuant to that custodial agency's statutory and ordinance functions, such as record storage, investigation, litigation or audit, the record shall not be considered a record of the custodial agency for the purposes of this chapter. The record shall be considered a record of the agency or agencies which usually keep or maintain that record and in a request for access to such records shall be directed to that agency or agencies, rather than the custodial agency, pursuant to procedures established by the County. Only when records have been formally filed for permanent or archival retention shall County archives be responsible for responding to requests for another agency's records.

A. An agency may charge a reasonable fee to cover its actual cost of duplicating a record or compiling a record in a form other than that maintained by the agency.

B. An agency may fulfill a record request without charge and is encouraged to do so when it determines that:

3. The requestor's rights are directly implicated by the information in the record, and the requestor is impecunious.

A.1. A person who is aggrieved by the County's classification of a record or by the agency's response to a record request may request and be granted an initial administrative appeal of that grievance, in accordance with the policies adopted by the Records Policy Administration. An initial administrative appeal may be made, at the requestors' option, to a hearing board convened pursuant to policies adopted by the Records Policy Administration.

2. A written notice of appeal shall be filed with the director of the involved agency, who shall immediately notify the County Records Officer. The Records Officer shall institute the initial convening of the Hearing Board within 10 business days after the date the written notice of appeal is received.

3. The Records Officer shall send a written notice by certified mail of the date and location of the hearing to the requestor, the notice to members of the Hearing Board and the Director of the involved agency. The hearing shall be conducted in accordance with policies adopted by the County Commission and with the Utah Open Meetings Act.

4. Failure of the Hearing Board to issue a written decision and forward it to the appellant within five (5) days after conclusion of the hearing grants to the requestor the right to carry the appeal to the Board of County Commissioners.

B.1. A requestor who is aggrieved by the Hearing Board Decision or who prefers to proceed directly to a hearing before the County Commission may file an appeal with the Chair of the Board of County Commissioners.

2. The County Commission's review of the appeal shall be initially convened within 21 days following the decision of the Hearing Board or other appeal request.

3. Notices and staff assistance regarding the County Commission hearing shall be provided by the County Records Officer and shall be provided as set out in Subsection A above and in policies and procedures.

4. Failure of the Board of County Commissioners to issue a written decision within five

(5) days after conclusion of the hearing grants to the requestor the right to carry the appeal to the District Court.

5. The appeal of a decision of the Board of County Commissioners may be made to the District Court, in accordance with the Act and the Utah Rules of Civil Procedure.

C. The appellant shall set forth in writing the nature and date of the request, attaching a copy of the request form, if available, and setting out the basis and legal authority for the request.

D. The decisions of any Hearing Board of the Board of the County Commissioners regarding access to or classification of records shall be forwarded to the County Records Policy Administration for corrective action including any reclassification or redesignation of data or records which may be necessitated by the appellant decision.

6-16-8 Amendments. Records held by the County may be amended or corrected as needed. Request for amendments, corrections or other changes shall be made in writing to the Agency having custody of the records and setting forth the specificity, the amendment or correction requested and the reasons for the change. When an amendment or correction of a government record is made, generally both the original record and the amended or corrected record shall be retained, unless the nature of the record indicates otherwise or as may be provided by policies and procedures adopted under the provisions of this chapter.

A. A County employee or other person having lawful custody of County records who knowingly refuses to permit access to records in accordance with the Act and this chapter, or who permits access to non-public records knowing that such access is prohibited, or who knowingly, without authorization or legal authority, disposes of, alters, or removes records or allows other persons to do so in violation of the provisions of the Act, this chapter, or other law or regulation may be subject to criminal prosecution and disciplinary action, including termination.

B. In accordance with Act, neither the County or any of its agencies, officers or employees shall be liable for damages resulting from the release of a record where the requestor presented evidence of authority to obtain the record, even if it may be subsequently determined that the requestor had no such authority.

C. Knowing violation of this chapter is a misdemeanor, punishable as set forth in the Weber County general ordinances.

A. There shall be appointed a County Records Officer to oversee and coordinate records access and management and County archives activities. The Records Officer shall make annual reports of records services activities to the Board of County Commissioners.

B. There is hereby created the Government Records Access and Management Policy Administration ("Records Policy Administration") to be chaired by the County Records Officer. Members of the Records Policy Administration shall include representatives from the staff of the Weber County Commission, the County Departments, and from the elected offices. The Records Policy Administration shall meet periodically as needed, as determined by the County Records Officer. The minutes and other records of the Records Policy Administration shall be maintained and staff provided by the archives office.

C. Each agency of County government shall appoint a records representative to assist with and be directly responsible for the implementation of this ordinance. Regular training for agency records representatives shall be provided under the direction of the Records Policy Administration.

D. The Records Policy Administration shall develop and provide records management, maintenance and access standards, policies and procedures, as provided by the Board of County Commissioners, to govern and implement the provisions of the act and this chapter. Approval and promulgation of records, policies and procedures shall be in accordance with the provisions of this code of ordinances and the Act. Copies of any rule or policy promulgated under this ordinance shall be forwarded by the County Records Officer to the Utah State Division of Archives within 30 days after its effective date. Any agencies' internal policies regarding records management and access shall be consistent with this ordinance and state law.

A. A Records Maintenance Procedure shall be developed to ensure that due care is taken to maintain and preserve County records safely and accurately over the long term. The Records Officer shall be responsible for monitoring the application and use of technical processes in the creation, duplication and disposal of County records and shall monitor compliance with required standards of quality, permanence, and admissibility, pertaining to the creation, use and maintenance of records. Policies and regulations regarding types and formats of papers, inks, electronic media, and other records and information, storage media, materials, equipment, procedures and techniques shall be developed and promulgated, subject to the approval of the Board of County Commissioners.

B. All County records which constitute an intellectual property right shall remain the property of the County unless Federal or State legal authority provides otherwise. All other records shall be property of the State of Utah. Property from the County to any private individual or entity, including those legally disposable obsolete County records of County archives or other agencies. This prohibition does not include the providing of record copies for release or distribution under this chapter. All records disposal shall be conducted in accordance with the policies and procedures.

C. Custodians of any County records shall, at the expiration of their terms of office, appointment or employment, deliver custody and control of all records kept or received by them to their successors, supervisors, or to the County Records Officer.

D. All records which are in the possession of any County agency shall, upon termination of activities of such agency, be transferred to any successor agency or to the County Archives, provided that such transfer is consistent with the formal provisions of such termination.

6-16-12 County Archives. There is created the County Archives and Services Section, to be managed by the County Records Officer. It is the responsibility of the Section to receive, store and preserve County agency records and other materials and to store and provide reasonable access thereto as may be calculated to accurately and safely maintain County records over a long term in compliance with this chapter and the Act. Policies and guidelines regarding the nature of records and record series which are to be received and stored by County Archives shall be developed and promulgated by the Records Policy Administration. County archives shall be considered the formal, official repository of County records; the central depository for the reports, publications, productions in other media, rules, policies, and regulations of the County, where not otherwise determined by law; and, where appropriate, historical artifacts. Each agency shall be responsible for assisting the County archives in the collection of such records, depository materials and artifacts through methods promulgated by the Records Policy administration.

A. The County retains and reserves to itself the right to use any type of non-verbal or non-written formats for the storage, retention and retrieval of government records, including but not limited to audio tapes, video tapes, micro-forms, and any type of computer, data processing, imaging, or electronic information storage or processing equipment or systems, which are not prohibited by State statute and do not compromise legal requirements for records storage, retrieval, security and maintenance, to store and maintain County records. All computerized and non-written format records and data which are designated and classified in accordance with the act in this chapter, shall be made available to a requestor in accordance with this chapter and the act.

B. The methods of access to records in non-written formats or data processing systems shall be as determined appropriate by the agency director of the agency maintaining the records, considering all circumstances. Access may include but not be limited to the following:

1. By using a County computer terminal or other viewing or listening device to retrieve data directly from the terminal screen or device; provided, however, that due regard shall be exercised to insure that any non-public records will not be accessed, retrieved or displayed on the device and that records are not erased or damaged;

2. By providing paper or "hard copies of record printouts" or by providing magnetic tapes, discs, or other means of electronic storage containing the non-written format or data processing system records; or

3. By the use, where appropriate of remote terminals which have access to County computer, data processing or electronic information systems pursuant to a formal two-party contract permitting such remote terminal access and provide that due regard shall be exercised to insure that non-public records will be available by remote terminal access.

C. Computer software programs are not considered a record. Software programs shall not be subject to disclosure under this chapter or the Act, including copyrighted software and other copyrighted materials which have been purchased by or licensed to the County and software and other materials which have been copyrighted by the County.

6-16-14 County Justice Court System. Records of the County Justice Court system shall comply with and be governed by Section 63-2-702 of the Act.

A. Under circumstances set out by the Act, it may be appropriate to disclose non-public County records to persons other than those set out in this ordinance. The determination to so release records shall be at the discretion of the department director or elected official or designee, consistent with the Act, and upon the advice of the Weber County Attorney.

B. The County may, as determined appropriate by the Agency Director of the agency responding to a request for records, notify the subject of a record that a request for access to the subjects records has been made.

C. Reasonable accommodations regarding access to governmental records shall be provided to persons with disabilities in accordance with policies developed under this chapter.

6-16-16 Effective Date. This ordinance shall become effective 15 days after its passage and upon at least one publication in a newspaper published in and having general circulation in Weber County. After approval and adoption, a copy and summary of this ordinance shall be forwarded by the County Records Officer to Utah State Archives.

AN ORDINANCE PROVIDING FOR FUNDING AND ACQUISITION OF ART IN PUBLIC PLACES
(This Chapter Repealed April 8, 1997, Ord. 97-3)

AN ORDINANCE ESTABLISHING A PROCEDURE FOR THE REVIEW OF ACTIONS BY WEBER COUNTY THAT MAY HAVE CONSTITUTIONAL TAKING ISSUES
(Adopted February 15, 1995, Ord. 95-8)

WHEREAS, recent changes in the State Code require local governments to consider and adopt guidelines relating to potential Constitutional Taking issues; and

WHEREAS, in light of these statutory requirements, Weber County deems it to be in the best interest of its citizens to adopt guidelines and to establish a procedure for review of actions by it's officers, employees, boards, commissions or councils that may involve the issue of a physical taking or exaction of private real property without just compensation; and

WHEREAS, said guidelines are meant to instruct and inform Weber County, its officials, employees, boards, commissions and councils, of the standards for a constitutional taking and process for review of such actions; and

WHEREAS, the guidelines are intended neither to expand nor limit the scope of any political subdivisions liability for a constitutional taking, nor impose any liability upon a political subdivision for failure to comply with the guidelines;

NOW THEREFORE, be it ordained by the Board of County Commissioners of Weber County as follows:

6-18-1 Purpose. The purpose of this ordinance is to establish guidelines and a procedure for review of County actions that involve a physical taking or exaction of private real property that may have constitutional taking issues. This ordinance is further intended and shall be construed so as to objectively and fairly review claims by property owners that any such County action should

require payment of just compensation, but preserve the ability of the County to lawfully regulate real property and fulfill its other duties and obligations.

A. "County shall mean Weber County, its officers, employees, boards, agencies and commissions.

B. "Constitutional taking" means actions by the County involving the physical taking or exaction of private real property that might require compensation to a private real property owner because of:

3. Any Court ruling governing the physical taking or exaction of private real property by a government entity.

C. "Constitutional taking" does not mean actions by the County involving the physical taking or exaction of private real property if the physical taking or exaction:

2. Is roughly proportionate and reasonably related, on an individualized property basis, both in nature and extent, to the impact of the proposed development on the legitimate government interest.

6-18-3 Exclusion from Chapter. This Chapter shall not apply when the County formally exercises its powers of eminent domain or when it regulates real property or requires payment of fees where there is no physical taking or exaction of property.

6-18-4 Guidelines Advisory. The guidelines adopted and decisions rendered pursuant to the provisions of this section are advisory, and shall not be construed to expand or limit the scope of the County's liability for a constitutional taking. The reviewing body or person, shall not be required to make any determination under this ordinance except pursuant to Section Four.

6-18-5 Review of Decision. Any owner of private real property who claims there has been a constitutional taking of their private real property shall request a review of a final decision of any officer, employee, board, commission or council. The following are specific procedures established for such a review:

A. The person requesting a review must have obtained a final and authoritative determination, internally, within the County, relative to the decision from which they are requesting review.

B. Within thirty (30) days from the date of the final decision that gave rise to the concern that a constitutional taking has occurred, the person requesting the review shall file in writing, in the office of the County Commission, a request for review of that decision. A copy shall also be filed with the Weber County Attorney.

C. The Board of County Commissioners of Weber County, or an individual or body designated by the County Commission shall set a time to review the decision that gave rise to the constitutional takings claim.

D. In addition to the written request for review, the applicant must submit, prior to the date of the review, the following:

2. Name and business address of current owner of the property, form of ownership, whether sole proprietorship, for-profit or non not-for-profit corporation, partnership, joint venture or other, and if owned by a corporation, partnership, or joint venture, name and address of all principal shareholders or partners;

3. A detailed description of the grounds for the claim that there has been a constitutional taking;

5. Evidence and documentation as to the value of the property taken, including the date and cost at the date the property was acquired. This should include any evidence of the value of that same property before and after the alleged constitutional taking, the name of the party from whom purchased, including the relationship, if any, between the person requesting a review and the party from whom the party was acquired;

6. Nature of the protectable interest claimed to be affected, such as, but not limited to, fee simple ownership, leasehold interest;

7. Terms (including sale price) of any previous purchase or sale of a full or partial interest in the property in the three years prior to the date of application;

8. All appraisals of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, within the three years prior to the date of application;

9. The assessed value of and ad valorem taxes on the property for the previous three years;

10. All information concerning current mortgages or other loans secured by the property, including name of the mortgagee or lender, current interest rate, remaining loan balance and term of the loan and other significant provisions, including but not limited to, right of purchasers to assume the loan;

11. All listings of the property for sale or rent, price asked and offers received, if any, within the previous three years;

12. All studies commissioned by the petitioner or agents of the petitioner within the previous three years concerning feasibility of development or utilization of the property;

13. For income producing property, itemized income and expense statements from the property for the previous three years;

14. Information from a title policy or other source showing all recorded liens or encumbrances affecting the property; and

15. The Board of County Commissioners of Weber County or the Board's designee may request additional information reasonably necessary, in their opinion, to arrive at a conclusion concerning whether there has been a Constitutional Taking.

E. An application shall not be deemed to be "complete" or "submitted" until the reviewing body/official certifies to the applicant, that all the materials and information required above, have been received by Weber County. The reviewing body/official shall promptly notify the applicant of any incomplete application.

F. The Board of County Commissioners of Weber County or the Boards designee, shall hear all the evidence related to and submitted by the application, the County, or any other interested party.

G. A final decision on the review shall be rendered within thirty (30) days from the date the complete application for review has been received by the Board of County Commissioners of Weber County. The decision of the Board of County Commissioners of Weber County or the Board's designee regarding the results of the review shall be given in writing to the applicant and the officer, employee, board, commission or council that rendered the final decision that gave rise to the constitutional takings claim.

H. If the Board of County Commissioners or the Board fails to hear and decide the review within thirty (30) days, the decision appealed from shall be presumed to be approved.

6-18-6 Reviewing Guidelines. The Board of County Commissioners of Weber County or the Board's designee shall review the facts and information presented by the applicant to determine whether or not the action by the County, constitutes a constitutional taking as defined in this chapter. In doing so, they shall consider:

A. Whether the physical taking or exaction of the private real property bears an essential nexus to a legitimate governmental interest.

B. Whether a legitimate governmental interest exists for the action taken by the County.

C. Is the property and exaction taken, roughly proportionate or reasonably related, on an individual property basis, both in nature and extent, to the impact caused by the activities that are the subject of the decision being reviewed.

6-18-7 Results of Review. After completing the review, the reviewing body shall make a determination regarding the above issues and where determined to be necessary and appropriate, shall make a recommendation to the officer, employee, board, commission or council that made the decision that gave rise to the constitutional takings claim.

This Ordinance shall become effective 15 days after its passage and upon at least one publication in the Standard Examiner.

AN ORDINANCE OF WEBER COUNTY PROVIDING FOR THE REGULATION AND ACCOUNTING OF REVENUES AND EXPENDITURES RELATING TO
PERSONAL CAMPAIGNS
(Adopted April 17, 1996, Ord. 96-12)

6-19-4 Campaign Statements - Filing - Procedure (Amended by Ord. 96-12, 4/17/96)

A.1. "Campaign committee" means an association or combination of persons organized for the purpose of raising, collecting or disbursing money for political purposes, and includes personal campaign committees organized in Weber County to secure the nomination or election of a candidate.

b. Any entity that provides goods or services to an individual or committee in the regular course of its business at the same price that would be provided to the general public;

c. Individuals who are related and who make contributions from a joint checking account;

d. A corporation, except a corporation whose apparent purpose is to act as a political action committee; or

B. "Candidate" means and includes every person who seeks nomination or election to any of the following county government offices: County Commissioner, County Treasurer, County Sheriff, County Clerk/Auditor, County Recorder, County Attorney, County Surveyor, and County Assessor.

1. Means any gift, subscription, loan, advance or deposit of money or anything of value, except a loan of money made in accordance with applicable financial institution laws and regulations in the ordinary course of business from a financial institution regulated by the State or Federal government;

2. Means a transfer of funds between a political committee or organization and a campaign committee;

3. Does not include personal services provided without compensation by individuals volunteering their time on behalf of a candidate or a campaign committee.

D. "Contribution(s)," "expenditure(s)" and "disbursement(s)" do not include, nor shall a candidate or a campaign committee be required to impute a monetary value to, the following activities:

1. Endorsement or publicity regarding a candidate or issue extended by the press or other news media;

2. Endorsement or publicity regarding a candidate or issue extended by an association, fraternal organization, group, or other entity with its own membership; or

E. "Election" means any general or primary election held pursuant to and as defined and provided by Titles 11, 20, and 29 Utah Code Annotated, and conducted by the County.

1. A purchase, payment distribution, loan, advance, deposit or gift of money or anything of value made for political purposes;

2. A contract, promise or agreement, express or implied, whether or not legally enforceable, to make any expenditure;

3. A transfer of funds to a political committee or organization by a campaign committee;

4. A payment for personal services by a campaign committee for services rendered to a candidate or to a campaign committee.

G. "Political purpose" means any act done with intent or in such a way as to influence or tend to influence, directly or indirectly, the nomination or election of a candidate.

H. "Office Holder" means a person who holds an elected or appointed County office or position of employment.

6-19-2 Personal campaign committee. Every candidate shall appoint a personal campaign committee to consist of one or more persons and shall require that a secretary be appointed. The candidate may choose to appoint himself/herself as the committee and in so doing the secretary shall be the candidate himself/herself.

6-19-3 Revenues and expenditures. All expenditures of money or other things of monetary value made for political purposes and all contributions received by a candidate or member or secretary of a duly constituted campaign committee shall be reported as provided in Section 6-19-4 and Section 6-19-5 of this chapter.

A. Every campaign committee secretary shall file with the County Clerk, on forms furnished by the Clerk, full, correct and itemized statements of all moneys and things of monetary value received and expended in the furtherance of political purposes, in accordance with the schedule set forth in this section.

B. Preliminary statements shall be filed at least seven days but no more than fourteen days preceding both the primary and general elections, (except that unopposed primary candidates need not file statements before the primary election), which statements shall include all receipts and disbursements current to within three days of the date of filing.

C. Final statements shall be filed by candidates eliminated at the primary election within thirty days following the primary election. Final Statements shall be filed by general election candidates or the candidate's campaign committee by January 5th of the year following a general election and shall include all contributions and disbursements through December 31st of the general election calendar year.

D. Successive statements shall not contain information supplied in prior statements, except aggregate totals shall be carried forward for both receipts and disbursements.

E. All statements shall be dated and signed by the candidate and the committee secretary.

6-19-5 Campaign statements - Contents. The statements required by Section 6-19-04 shall contain:

A. The name and address of every person, corporation or other entity contributing, loaning or advancing to the candidate or campaign committee money or other thing of monetary value in an amount of more than fifty dollars ($50), and the amount or value of that which was contributed, loaned or advanced by each;

B. The aggregate amount or value of all contributions, loans or advances of fifty dollars or less, and the number of contributors;

C. The name and city of every person, corporation or other entity to whom, or to which, the campaign committee secretary and the candidate have disbursed money, or other thing of monetary value, stating the amount or value of the disbursement;

E. If no contribution is received or expenditure made by a candidate, campaign committee or its secretary, a statement to that effect shall be filed.

A. Forms for all statements required by this chapter shall be prepared by the County Clerk and approved by the board of county commissioners, and copies thereof, together with a copy of this chapter, shall be furnished upon request by the clerk to the secretary of every campaign committee, to every candidate, or to any others who make a request.

B. All statements required by this chapter shall be open to public inspection and may be copied for a fee at the office of the county clerk during normal business hours, and all such statements shall be preserved by the clerk for a period of four years from January 1st of the year following the election for which they are filed.

6-19-7 Office holder filing procedures. Any person who holds an elected County office, through election or appointment and who receives any contribution(s) for political purposes, shall file by December 31st in each year he or she is not a candidate a statement setting out all contributions for political purposes received that calendar year on forms provided by the County Clerk, which forms shall be signed by the office holder. (Amended 4/17/96, Ord. 96-12)

A. The acceptance of anonymous contributions is hereby prohibited. Any anonymous contributions received by a candidate or campaign committee shall be transmitted to the County Treasurer for deposit in the general fund.

B. No person shall make a contribution in the name of another person, or make a contribution with another person's funds in his own name, and no campaign committee shall knowingly accept such contributions; provided however, that contributions may be made and received so long as the name of the party or of the entity sponsoring the campaign committee is imprinted on any check or other means of contribution and is listed in campaign statements.

6-19-9 Campaign statements - Inspection and complaints. Except when reviewing his/her own campaign statements, which shall be inspected by the County Attorney, the County Clerk shall inspect all financial campaign statements within four days after the same are filed, and if it appears that any campaign committee, person or political action committee has failed to file a statement as required by law, or if it appears that the statement does not conform to law, or upon a written and verified complaint by a candidate or by a voter setting forth with specificity that a statement filed does not conform to law, the Clerk shall notify the delinquent campaign committee, person, or political action committee in writing, requesting compliance with this chapter.

A. Upon the failure of any campaign committee or person to file a statement within five days after receiving notice under Section 6-19-9, or, if in the exercise of reasonable discretion the Clerk (or the County Attorney when the Clerks campaign statement is questioned) questions the accuracy or completeness of such statement, the Clerk shall request an examination of all books and records of such committee or person. Such books and records shall be produced for inspection within two days after the request for examination is received.

6-19-11 Enforcement powers. If a campaign committee or person fails to file a statement within five days after receiving notice under Section 6-19-9, fails to comply with the notice provided under Section 6-19-10, or if any statement filed discloses a violation of this chapter, the Clerk shall notify the county attorney, and shall furnish the County Attorney copies of all papers in his possession relating hereto, and the county attorney, on such complaint or the complaint of any other person, shall enter forthwith the same in a docket kept for that purpose, and within ten days thereafter shall examine every case. If the evidence is deemed sufficient by the county attorney, the county attorney shall institute such criminal or civil proceedings as may deemed appropriate.

6-19-12 Violation - Penalty. Any violation of this chapter shall be punishable as a class B misdemeanor.

AN ORDINANCE ENACTING REAL PROPERTY TAX SALE PROCEDURES FOR THE TAX SALE AND ASSESSING ADMINISTRATIVE COSTS

WHEREAS, Section 59-2-1351.1(2) of the Utah Code charges the Utah State Tax Commission to establish, by rule, minimum procedural standards applicable to tax sale and the county legislative body upon recommendation by the county auditor to establish procedures, by ordinance, for the sale of the delinquent property that best protects the financial interest of the delinquent property owner and meets the needs of local governments to collect delinquent property taxes;

WHEREAS, the County incurs costs of administration when executing a tax sales pursuant to the Utah Code;

WHEREAS, Section 59-2-1351 of the Utah Code requires the County Auditor to select a date for the tax sale and notice of tax sale shall be sent by certified and first class mail to the last-known recorded owner;

NOW THEREFORE, the Board of County Commissioners of Weber County ordains as follows:

6-20-1 Fees. A fee of $75 will be assessed for each delinquent parcel being certified for tax sale. In addition, an administrative fee will be added to any delinquent parcel on which independent title company costs are incurred. These administrative fees shall be added to the taxes, penalties and interest outstanding on each delinquent property to cover a proportional share of the costs of administration.

6-20-2.1 Before being allowed to participate in the bidding process, each person desiring to bid shall register with the Weber County Clerk/Auditor the morning of the tax sale by filling out Form WCA 402 - “Bidder Registration” form. Upon receipt of the Bidder Registration form, the Weber County Clerk/Auditor (the “Clerk/Auditor”) will issue each bidder a ”Bidder Number”. No individual shall be allowed to bid without a bidder number.

6-20-2.2 The Clerk/Auditor shall open the bidding at an amount not less than the sum of taxes, penalties, interest and administrative costs owed on the property. This shall be the lowest acceptable bid for any particular property. After receipt of a minimum bid, higher bids shall be solicited.

6-20-2.3 The Clerk/Auditor shall only recognize bidders by their bidder number. The bidder number first recognized by the Clerk/Auditor shall be the first bid recorded. The bid recognized is the one in effect at the time. The Clerk/Auditor reserves the right to specify bidding increments.

6-20-2.4 The final bidder number announced by the Clerk/Auditor shall be the official buyer, which will be the highest bid amount and the bidder will pay the County Treasurer the accepted bid amount in cash or bank certified funds within the prescribed time.

6-20-2.5 Only the entire parcel of property being auctioned will be sold. No property will

be reduced in size at the auction. Any amount received in excess of the taxes, interest, penalties and administrative costs of the delinquent property shall be treated as unclaimed property, pursuant to Title 67, Chapter 4a, of the Unclaimed Property Act of the Utah Code.

6-20-2.6 All final bids are considered conditional, whether or not the bid is contested, until the Board of County Commissioners (the “Commission”); acting at a regularly scheduled meeting, formally ratify the final bid for the final sale.

6-20-2.7 Collusive bidding practices are prohibited. Collusive bidding, for purposes of these procedures, means any agreement or understanding reached by two or more parties that changes the bids the parties would otherwise offer absent the agreement or understanding. The Clerk/Auditor reserves the right to reject any bid that the Clerk/Auditor deems to be a product of collusion.

6-20-2.8 The successful bidder of a property may not unilaterally rescind the bid once the Clerk/Auditor has closed the bidding. The Commission may enforce the terms of the bid by obtaining a legal judgment against the purchaser in the amount of the bid plus reasonable interest and attorney’s fees.

6-20-3.1 Delinquent property certified for tax sale may be redeemed on behalf of the record owner by any person at any time prior to the final tax sale and obtain a certificate of redemption. All property redeemed within the three (3) weeks prior to the tax sale must be redeemed through the office of the County Treasurer (“Treasurer”). The Treasurer will only accept cash or bank certified funds to redeem the property.

6-20-3.2A person redeeming the delinquent property must pay to the Treasurer all

delinquent taxes, interest, penalties and all administrative costs that have been accrued on the property.

6-20-3.3The owner of the delinquent property being sold shall have the first right of

6-20-4.1 Properties meeting the following criteria shall be sold without competitive bidding as an entire parcel only if:

A. The Clerk/Auditor has determined that the property is not an economically viable unit of property to anyone other than someone with a preferential interest. Characteristics such as size, shape, access, zoning or any other factors that may affect the economic value and use of the property will be used in determining the economic viability of the property; or

B. The sale of the property to a non-preferential interest would create a nuisance or detrimentally affect and/or cloud the existing interest in the property and could unreasonably diminish the value of that interest.

b. Second priority is given to abutting property owners if no possessory interest exists.

6-20-4.3 If there is a conflict between two or more possessory interests or two or more abutting property owners, the Clerk/Auditor may auction the property between the parties that have conflicting possessory interests.

6-20-5.1 The successful bidder shall pay the Treasurer in cash or bank certified funds. The Treasurer may accept a personal check as a deposit at the time of the tax sale with the understanding that the successful bidder will tender cash or bank certified funds for the entire amount of the sale to the Treasurer by 5 p.m. on the day of the sale.

6-20-5.2 If the amount of the sale exceeds $2,000, the successful bidder may pay a non-refundable deposit of $1,000 paid in cash or bank certified funds. The balance of the sale shall be paid to the Treasurer within five (5) working days from the day of the sale.

6-20-5.3The Treasurer will not accept payment without the signed Form WCA 404 –

Any property offered for sale for which there is no purchaser shall be struck off to the county by the Clerk/Auditor, who shall then:

A. publicly declare as follows: “All property here offered for sale which has not been struck off to a private purchaser is hereby struck off and sold to the county of Weber, and I hereby declare the fee simple title of the property to be vested in the county”;

B. Endorse the delinquency tax sale record as follows: “The fee simple title to the property described in this entry in the year of tax sale, sold and conveyed to the County of Weber in payment of general taxes charged against the property”; and

6-20-7 Properties Withdrawn from the Tax Sale for Reasons Other than Redemption.

6-20-7.1 The Clerk/Auditor may withdraw the following properties from the tax sale:

6-20.7.2 The Clerk/Auditor may re-certify to a subsequent tax sale any withdrawn property if the cause of the original withdrawal has been remedied. The Commission shall approve in writing any re-certification.

6-20-8 Contesting Bids and Sales. Any person wishing to contest any action taken in conjunction with the tax sale shall file a written protest containing all relevant information and arguments with the Commission within ten (10) days after the date of the tax sale. The Commission will review the submissions and render a decision based upon that information; The Commission shall not grant a hearing to those contesting a bid.

6-20-9 Sale Ratification Procedures. All accepted bids will be submitted to the County Commission for ratification ten (10) days from the date of the tax sale.

6-20-10.1 Upon full payment of the amount including taxes, penalties, interest and all administrative costs, the Treasurer will issue a receipt. Within thirty (30) days of the date of the tax sale and after ratification by the Commission, the Clerk/Auditor will execute deeds conveying in fee simple to the purchaser and attest this with the seal.

6-20-10.2 When the deed is executed and delivered by the Clerk/Auditor, it shall be prima facie evidence of the regularity of all proceedings subsequent to the date the taxes initially became delinquent and of the conveyance of the property to the grantee in fee simple.

6-20.10.3 The deed issued by the Clerk/Auditor shall be recorded by the County Recorder.

6-20-10.4 The Clerk/Auditor will use the information provided on the Bidder Registration form in preparing the “Tax Deed”.

6-20-11.1 All properties sold during the tax sale shall be conveyed by a Tax Deed. A Tax Deed is not a warranty deed and the County makes no representations as to the title conveyed or the purchaser’s right of possession of the property as certain entities or persons, including but not limited to agencies or divisions of both the state and federal government, may have certain rights of redemption. Therefore, buyers of properties at the tax sale make any purchase at their own risk.

6-20-11.2 The County makes no warranties or representations as to whether the property purchased is suitable for building or developing, nor does the County make any representations that the property complies with the applicable zoning regulations.

6-20-11.3 The county makes no warranties or representations that any property purchased during the tax sale is habitable or in any particular condition.

6-20-11.4 The county makes no warranties or representations regarding the accuracy of the assessment of the property or the accuracy of the description of the real estate or improvements.

WHEREAS, the Weber County Commission pursuant to Section 17-27-200.5(f)(1) of the Utah Code Annotated, 1953, as amended, reviewed the existing townships and determined that the continued existence of current townships is not advisable;

WHEREAS, Section 17-27-201(3)(a) of the Utah Code Annotated, 1953 as amended, provides that a county legislative body may enact an ordinance establishing township planning districts;

WHEREAS, Section 17-27-201(1)(b) of the Utah Code Annotated, 1953 as amended, provides that each county may enact an ordinance establishing one planning commission for each township planning district;

THEREFORE, the Board of County Commissioners of Weber County, ordains as follows:

The unincorporated land in Weber County shall be divided into two (2) townships.

6-21-1.1 All land in the unincorporated area of the county, from the mouth of Ogden Canyon, East, shall become the Ogden Valley Township Planning District.

6-21-1.2 All land in the unincorporated area of the county, lying West of the mouth of Ogden Canyon and all area West of the mouth of Weber Canyon, shall become the Western Weber County Township Planning District.

Each township shall have a planning commission, which shall consist of seven members who shall be appointed as provided for in this section.

6-21-2.1 The Board of County Commissioners shall appoint members of the first planning commissions so that, for each planning commission, the terms of at least one member and no more than two members expire each year, thereafter members shall serve four-year terms and until their successors are appointed.

6-21-2.2 Each member of a township planning commission appointed by the Board of County Commissioners shall reside and be a registered voter within the township.

6-21-2.3 Appointment preference shall be given to encourage geographic representation on each township planning board.

Upon the appointment of all members of a township planning commission the township shall immediately begin to exercise the powers and perform the duties as provided for in the Utah Code.

After a township is created, the duly appointed planning commission shall have all the powers and duties as provided for in the Utah Code and to advise the Board of County Commissioners on matters the Board of County Commissioners directs.

The Board of County Commissioners shall adopt such policies and procedures as it deems necessary to provide for:

6-21-5.3 The townships will be governed by Utah law, Weber County Ordinances and the Weber County Planning Commission Rules of Procedure and Ethical Conduct. If conflicts exist, Utah law and County Ordinances, will prevail over the Weber County Planning Commission Rules of Procedure and Ethical Conduct; and

6-21-5.4 Any other purposes considered necessary to the functioning of township.

The township planning commissions will meet on the second and fourth Tuesday of each month, at a time to be scheduled by staff, in the Weber County Commission Chambers, 1st Floor, 2380 Washington Blvd., Ogden, Utah.

Unless otherwise provided by law, any vacancy occurring on a township planning commission by reason of death, resignation, removal or disqualification shall be filled by the Board of County Commissioners for the unexpired term of such member. The Board of County Commissioners may remove for cause a member of a township planning commission which the county commission has appointed upon the filing of written charges against the member and after a hearing on the charges if requested by the member.

A. Elected official(s) means an elected county officer or officers, as described in statute, with the exception of the recorder and sheriff.

B. The categories of fees and charges relating to services shall include, but not be limited to:

A. Statutory Fines, Fees and Charges. Fines, fees and charges set out by state statute shall be imposed at the amount set forth in the applicable statute.

B. Non-statutory Fines, Fees and Charges. For fees and charges not set out by statute, the level of cost recovery should be established at the full cost of the service, including overhead.

C. Services Performed through Interlocal Agreements. All charges for services performed by the county through interlocal agreement shall be charged at no less than full cost.

D. Services Provided to Public or Private Agencies. Services provided to any public or private agencies, for their sole use, shall be charged at no less than full cost. Services or information provided to any public or private agency for resale should be charged at fair market value.

E. Interfund or Intrafund Services. Services provided by a fund, agency or organization for or on behalf of another fund, agency or organization shall be charged at no less than full cost.

A. In any case where specific fees are set in statute, these fees shall be imposed by the affected county office.

B. In the case of fees regarding records, records duplication and related subjects, fees shall be imposed as provided herein or in countywide records ordinance and policies.

C. In the case of fees not set in statute and not covered by records policies, fees shall be imposed as provided in the county fee ordinance.

A. The Weber County fee ordinance shall be adopted according to the following process:

A. The proposed fee schedule shall be prepared by the county comptroller with the advice and recommendation of the affected county offices and the attorney’s office;

B. The attorney’s office shall review and approve as to form the proposed ordinance and schedule, or provide written documentation as to why it cannot be so approved and return such to the comptroller;

C. Upon passage by the County Commission, the fee schedule shall become effective fifteen days after its passage and upon at least one publication in a newspaper published and having general circulation in Weber County.

B. Any proposed amendments to the adopted fee schedule shall follow the same process as outlined above.

Each county office affected by the adopted or amended fee schedule shall post or make available the schedule to the general public.

Non-statutory fees or charges for services provided by the county shall be set by the County Commission, based upon its review of the full costs of providing such services. Such rates shall be reviewed annually each June. In the setting of rates, the County Commission may take into account circumstances where the charge or fee would create an economic hardship that precludes the use of a basic service or would diminish use of or participation in a service below the level deemed desirable.

The methodology of determining full costs of county services shall be the responsibility of the comptroller, who shall maintain and disseminate forms and review procedures as necessary for the determination of the full costs of county services.

The recorder and sheriff shall adopt, amend, publish and post fees according to statute.

Petition to rezone a tract of land 5 acres or less to a Forest, Shoreline, Agricultural or Residential Zone	$225.00
Petition to amend the Zoning Ordinance	$300.00
Petition to rezone track of land more than 5 acres but less than 100 acres to a Forest, Shoreline, Agricultural or Residential Zone.	$500.00
Petition to rezone a track of land that is more than 100 acres in area to a Forest, Shoreline, Agricultural or Residential Zone.	$1,000.00
Petition to rezone a track of land to a Mobile Home Park Zone, a Gravel Zone, a Commercial Zone, a Planned Commercial or a Manufacturing Zone.	$500.00
Conditional Use Permit in any Forest, Shoreline Agricultural, Residential, Mobile Home Park, Grave, Commercial, Planed Commercial or Manufacturing Zone	$225.00 (for publication of hearing notice)
Conditional Use Permit for Home Occupation	$85.00
Commercial or Manufacturing Site Plan Design Review application	$225.00
Review of an approves Site Plan Design where the changes need to be approved by the Planning Commission	$100.00
Hillside Review Application	$225.00
Petition requesting a decision from the Board of Adjustment	$225.00
Excavation or fill application	$200.00
For each Street Vacation (includes the public notice and document and handling fee)	$300.00
Road Dedication Plats	$350.00
Conditional Use Permit for Planned Residential Unit Development (P.R.U.D.)	$500.00
For each easement vacation (which includes the public notice and document and handling fee)	$120.00
For each concept plan review and one meeting with the Township Planning Commission	$50.00
For each approval extension of Conditional Uses, Planned Residential Unit Developments, Site Plans Request	$50.00
For Each Land Use Permit	$10.00
GRAMA requests Research (considered on any files that are 6 months or older)	$.030/page $25/hr + copying charge

SECTION SEVEN - - TRANSFER STATION

WHEREAS, the Board of County Commissioners has received a request from the Operations Department for changes in fee structures for disposal and sale of certain items; and

WHEREAS, the Commission finds that such fees are reasonably related to costs involved in providing said services; and

WHEREAS, the Commission completed a first reading of this proposed ordinance on November 6, 2007;

WHEREAS, the Commission has now reviewed minor changes from the first reading of this proposed ordinance and has no objection to such changes;

NOW THEREFORE, the Board of County Commissioners of Weber County ordains as follows:

Title 6, Chapter 22, the Weber County Fee Ordinance, shall be amended to include the following changes in fees:

COMPOST - SALE OF PRODUCT

Screened Fine Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Yard and Garden Mulch. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decorative Chips Fine/Medium.. . . . . . . . . . . . . . . . . . .

Ground Mulch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pallet Mulch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Firewood Uncut . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Eliminated Bulk Rate

$15.00/yard

No Longer Offered

$40 pickup load

SUMMARY OF ORDINANCE NO.
SUMMARY OF AN ORDINANCE AMENDING TITLE 6, CHAPTER 22, OF THE WEBER COUNTY FEE ORDINANCE
On the 6th day of November, 2007, the Board of County Commissioners of Weber County adopted Ordinance No. _______, amending the Weber County Fee Ordinance. The ordinance modifies certain fees charged by the Weber County Transfer Station and the Weber Composting Facility. The most significant change is a reduction in the Solid Waste Tipping Fee which is reduced from $32.00 per ton to $30.00 per ton. The ordinance may be examined in full copy at the Weber County Clerk/Auditor’s Office or on the county website.

ORDERED PUBLISHED BY THE BOARD OF COUNTY COMMISSIONERS OF WEBER COUNTY

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