4-1A-6: DEBTS OWED CITY:

   A.   Reporting Required: When any proper charge against any person in favor of the city becomes known to any city official or employee, the officer or employee must immediately report the same to the city treasurer.

(1979 Code § 3.04.010; amd. Ord. 94-52, 10-25-1994)

   B.   Duties Of City Treasurer: The city treasurer shall keep a record of all such notices of indebtedness and shall mail to the debtor a statement or a bill for the sum, directing that the amounts due thereon be paid, and he shall use all reasonable efforts to collect the same.

(1979 Code § 3.04.020; amd. Ord. 94-52, 10-25-1994)

   C.   Delinquent Accounts; City Attorney Authority: The City Treasurer shall refer all delinquent accounts not paid within a reasonable time to the City Attorney who shall take such action as he or she deems appropriate to effect the collection of all such claims. The City Attorney will adopt guidelines for the disposition of debts owed to the City which have no reasonable expectation of being collected; provided, that any debt exceeding ten thousand dollars ($10,000.00) may not be written off as uncollectible unless and until reviewed and approved by the Mayor.

(1979 Code § 3.04.030; amd. Ord. 94-52, 10-25-1994)

   D.   Payment Procedures; Returned Checks Or Drafts; Service Charge: All monies owed to the City under contract, license fees, assessments, fines, forfeitures or any other payments due by any party shall be paid to the City in legal tender of the United States of America; provided however, that the Mayor may authorize City agents and employees to accept checks, drafts or bills of exchange in payment, if the tendering party agrees to pay a service charge adopted in Chapter 6 of this Title on such checks, drafts or bills of exchange which are dishonored or returned to the City for any reason whatsoever, which charge shall be in addition to remedies available under State law if suit is commenced. The tendering party shall be deemed to have agreed to the foregoing service charge by issuing such check, draft or bill of exchange. However, where convenient and where such checks or drafts are accepted as a matter of course, the City departments are directed to post a sign or other written notice to advise the other party of such charge at the place where the check, draft or bill of exchange is tendered. All City agents or employees receiving payment on behalf of the City are directed and required to receive payments strictly in accordance with this subsection.

(1979 Code § 3.04.040; Ord. 94-52, 10-25-1994; amd. Ord. 98-43, 6-16-1998, eff. 7-1-1998)

4-1A-7: CLAIMS AGAINST CITY; RISK MANAGEMENT COMMITTEE:

   A.   Claim Defined: Any claim or cause of action for money or damages against the City or against an employee.

(1979 Code § 3.08.020C; Ord. 94-32, 7-26-1994)

   B.   Risk Management:

      1.   Policy: The City, by a City Council Resolution 60-91, dated November 7, 1991, adopted a formal policy committing the City to sound risk management, and a Risk Management Committee was established to review all City accidents, claims and losses by an Administrative Order 420-91, dated November 19, 1991. It is now deemed desirable to reduce the establishment of the Risk Management Committee to ordinance form, hereby repealing any and all prior orders dealing with the same subject.

(1979 Code § 3.08.040; Ord. 94-32, 7-26-1994)

      2.   Committee Established:

         a.   There is hereby established a Risk Management Committee which shall consist of the following members:

            (1)   The City Attorney, who shall act as the chair of the Committee;

            (2)   The Director of Management Services;

            (3)   The City employee designated or appointed as the City Risk Manager;

            (4)   Department directors, division managers and staff personnel invited as appropriate.

         b.   The Risk Management Committee shall meet on a regular basis, at least quarterly, and keep written minutes of each meeting. The Committee may establish procedures for the operation of the Committee.

         c.   The Risk Management Committee shall review all City claims and may review other City accidents and losses as determined to be necessary in furtherance of the City's risk management policy.

         d.   The Risk Management Committee may either act as Ogden City's Accident Review Committee or appoint a subcommittee to report to the Risk Management Committee. Committee findings or concerns will be reported to the appropriate department director or division manager.

         e.   Meetings of the Risk Management Committee will not be deemed to be a public body with the authority to make decisions regarding the public's business. Decisions of the Committee are mere recommendations which are by their very nature part and parcel of the attorney-client privilege.

(1979 Code § 3.08.050; Ord. 94-32, 7-26-1994)

   C.   Filing Of Claims:

      1.   Any person having a claim against the City or against a City employee for an act or omission occurring during the performance of the employee's duties, within the scope of employment, or under color of authority, shall file a written notice of claim with the City within one year after the claim arises. The notice of claim shall conform with the requirements of the Utah Governmental Immunity Act 1 and shall be deemed filed with the City when duly served upon the City Recorder.

      2.   Within ninety (90) days of the filing of a claim, the City or its insurance carrier shall act thereon and notify the claimant in writing of its approval or denial. A claim shall be deemed to have been denied if at the end of the ninety (90) day period the City or its insurance carrier has failed to approve or deny the claim.

(1979 Code § 3.08.020A, 3.08.020B; Ord. 94-32, 7-26-1994)

   D.   Standards For Payment: Recommendations of the Risk Management Committee and the settlement of disputed claims shall be based upon:

      1.   The liability of the City based on the laws of negligence, the failure to perform prescribed duties by employees of the City, legal obligations or defenses created by statute or ordinance, or any other viable legal theory.

      2.   The rules or bylaws of any risk management pool of which the City is a member.

      3.   The estimated costs of litigation as compared to the claim amount, with due consideration given to any public policy questions involved in settling the claim.

      4.   The attainment of an identifiable public purpose.

(1979 Code § 3.08.060; Ord. 94-32, 7-26-1994)

   E.   Payment Of Claims: The Finance Officer shall pre-audit before payment all claims and demands against the City. Before payment, the Finance Officer shall certify on the voucher, purchase order, or check copy, as appropriate, that:

      1.   The claim has been pre-audited and documented;

      2.   The claim has been approved by purchase order approved in accordance with City ordinances and applicable administrative rules and regulations of the City;

      3.   The claim is within the lawful debt limit of the City; and

      4.   The claim does not over expend the appropriate departmental budget established by the City Council.

(1979 Code § 3.08.010; Ord. 94-32, 7-26-1994)

   F.   Compromise Of Claims: Upon recommendation of the Risk Management Committee and with the advice of the City Attorney, the Chief Administrative Officer or the Director of Management Services, if so designated by the Chief Administrative Officer, is authorized in his or her discretion to compromise and settle disputed or doubtful claims against the City when the total amount to be paid by the City, either in settlement of the entire claim or as a deductible payable by the City, does not exceed ten thousand dollars ($10,000.00). Other disputed claims against the City may be compromised and settled only with the approval of the Mayor. Claim settlements requiring the expenditure of funds not authorized in the current budget shall require approval of the City Council.

(1979 Code § 3.08.030; Ord. 94-32, 7-26-1994)

   G.   Cooperation In Investigations: All department directors shall cooperate in every possible manner with the City Attorney's office and the Risk Management Committee in assisting with factual investigation of all claims.

(1979 Code § 3.08.070; Ord. 94-32, 7-26-1994)

   H.   Reports; Attorney Work Product: Investigative reports of the department directors or their employees prepared for the risk management committee, minutes and recommendations of the risk management committee concerning claims, and any writing made a part of the investigatory stage of any claim, are hereby declared to be a part of the work product of the city attorney's office.

(1979 Code § 3.08.080; Ord. 94-32, 7-26-1994)

 

Notes

1	1. U.C.A. title 63, chapter 30.

4-1A-8: NONDEPARTMENTAL ACCOUNTS WITHIN THE GENERAL FUND:

   A.   There is created within the general fund of the city's annual budget a group of activity accounts authorizing expenditures that are labeled as "nondepartmental". Nondepartmental accounts reflect expenditures, which are not applicable to any one department or office of the city, as defined in the administrative code of the city 1 , but are definitely part of the cost of general government.

   B.   Except as provided in subsection E of this section, approval of expenditures from the nondepartmental accounts may only be made by:

      1.   The mayor, or, if so designated by the mayor, the chief administrative officer or the director of management services; or

      2.   The director of management services, pursuant to subsection 4-1A-3A of this article.

   C.   Nondepartmental accounts shall be considered to be encumbered for the stated purpose of the account, and are not transferable to another nondepartmental account, except by ordinance or joint resolution of the mayor and city council.

   D.   To the extent possible and practicable all expenditures in nondepartmental should be apportioned to the various departments and/or offices of the city.

   E.   There is hereby created within nondepartmental an account to be known and referred to as "fund balance". Monies appropriated to fund balance are appropriated pursuant to section 10-6-116, Utah Code Annotated, and as such may not be utilized for other budgetary purposes unless and until:

      1.   Fund balance, both appropriated and unappropriated, exceeds five percent (5%) of the total revenues of the general fund; and

      2.   Such monies have been appropriated for such other purpose by further budgetary action of the city council.

(Ord. 2001-45, 6-19-2001; amd. Ord. 2003-41, 7-15-2003)

 

Notes

1	1. See title 2, chapter 4 of this code.

ARTICLE B. CAPITAL IMPROVEMENT FUND

SECTION:

4-1B-1: Definitions

4-1B-2: Capital Improvement Budget; Preparation

4-1B-3: Planning Commission Review

4-1B-4: Budgetary Restrictions

4-1B-5: Reporting

4-1B-6: Emergency Expenditures

4-1B-1: DEFINITIONS:

The following terms shall have the indicated meanings as used in this article:

CAPITAL IMPROVEMENT FUND:	The fund created in the city's annual budget which is dedicated to financing capital improvement projects.
CAPITAL IMPROVEMENT PLAN:	The plan adopted and approved by the Ogden City council for the scheduling, financing and construction of capital improvements to be undertaken by the city in the upcoming fiscal year and projected to be undertaken in the following four (4) fiscal years.
CAPITAL IMPROVEMENT PROJECT:	A.   A capital improvement project includes:    1.   Projects which require debt financing or borrowing;    2.   Public facilities that may be financed in whole or in part by the imposition of impact fees, in accordance with the provisions of title 7, chapter 9 of this code;    3.   Projects which will result in the acquisition or long term lease of land;    4.   Projects which anticipate the expenditure of city funds, or funds of private donors, in excess of fifty thousand dollars ($50,000.00) for the design and/or construction of any addition to the city's physical plant, including buildings, streets, utility lines, parks, or other public facilities;
	5.   Projects which anticipate the expenditure of city funds, or funds of private donors, in excess of fifty thousand dollars ($50,000.00) for the major rehabilitation or reconstruction of an element of the city's physical plant which substantially enhances the value or useful life of the element. B.   A capital improvement project does not include:    1.   Studies and investigations undertaken pursuant to subsection 4-1B-4F or G of this article are not considered capital improvement projects;    2.   Public arts projects funded through the public art program pursuant to article C of this chapter are not considered capital improvement projects.
MAJOR PLAN AMENDMENT:	A significant change to a previously adopted capital improvement plan proposed by the mayor or city council, including: A.   A new capital improvement project; or B.   A substantial modification to the scope of a previously approved and funded capital improvement project.
MINOR PROJECT AMENDMENT:	A change to a previously adopted capital improvement project that, as determined by the planning manager: A.   Will not result in a substantive change to the location, land use configuration or scope of the project; B.   Is purely budgetary in nature; or C.   Does not otherwise require planning commission review to determine compliance with the general plan.
ONE-TIME PROJECT:	A project for which funding is needed over a finite period of time to complete the construction or installation of the project.
PERPETUAL PROJECT:	A project for which capital funding is required on an ongoing basis in order to preserve the value and use of the facility or system of facilities.
RAMP PROJECT:	A project for which the city seeks at least 50% of the project's funding from the Weber County Recreation, Arts, Museums and Parks program.

 

(Ord. 2016-23, 4-12-2016; amd. Ord. 2021-5, 1-19-2021)