CHARGE

CHAPTER 2

HOME RULE CHARTER

2.01    PREAMBLE.  We, the citizens of Clinton, Iowa, have adopted this Home Rule Charter based upon the following principles:

1.                  The government of Clinton is a representative form of government directly accountable to its citizens who all share the responsibility for it.

2.                  The government of Clinton and those representing it should be accessible and responsible to the people.

3.                  Each citizen has a right to obtain fair, equal and courteous treatment from each City official and employee.

4.                  The government of Clinton shall promote the health, safety and general welfare of its residents and encourage the participation of its citizens in their government in order to secure the full benefits of “Home Rule.”

2.02    POWERS OF THE CITY.  The City shall have all the powers possible under the constitution and laws of the State of Iowa.

1.                  Construction.  The powers of the City under this Charter shall be construed liberally in favor of the City and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power in this section.

2.                  Existing Legislation.  The enactment of this Charter shall not repeal existing resolutions or ordinances of the City or change its Code of Ordinances, except where the provisions of this enactment specifically change or are irreconcilable with the provisions of such resolutions, ordinances or provisions of this Code of Ordinances.

3.                  Savings Clause.  If any provisions of this Charter or the application of this Charter to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Charter.

2.03    CITY COUNCIL. 

1.                  Composition.  The Council shall consist of seven (7) members.  Three (3), to be known as Council members at large, shall be nominated by the eligible electors of the City at large, and elected by the qualified electors of the City at large.  Four (4), to be known as ward Council members, shall be nominated by the eligible electors of their respective wards and elected by the qualified electors of their respective wards.

2.                  Division Into Wards.  The Council, by ordinance, shall divide the City into four (4) wards of substantially equal population.

3.                  Eligibility.  To be eligible to be elected and to retain a Council position, a person must be an eligible elector of the City.  Ward Council members must also be residents of the ward at the time of their nomination and election and during their term of office.

4.                  Terms.  The terms of all Council members shall be staggered 4-year terms.

5.                  Compensation.  The Council shall, by ordinance, prescribe the compensation of the Council members and other elected City officers; however, the Council shall not adopt such an ordinance changing the compensation of any elected officer during the months of November and December in the year of a regular City election.  A change in the compensation of Council members becomes effective for all Council members at the beginning of the term of the Council members elected at the election next following the change in compensation.

6.                  General Powers.  All powers of the City are vested in the Council, except as otherwise provided by the laws of the State and provisions of this Charter.

7.                  Rules and Records.  The Council shall determine its own rules and shall maintain records of its proceedings consistent with the laws of the State.

8.                  Vacancies.  The Council shall fill vacancies in the event a Council member no longer is a qualified elector of the City, no longer is a resident of the City or a resident of a specific ward, resigns or deceases.  The Council shall act as a nomination committee conducting one public hearing within fourteen (14) days of the occurrence of the vacancy, and shall establish a list of names of eligible electors willing to serve.  The Council shall fill the vacancy from the established list within forty (40) days of the occurrence of the vacancy.  Nothing in this section shall preempt the citizens’ right to petition for an election as provided by the laws of the State.

9.                  City Council Action.  The Council shall exercise a power only by the passage of a motion, a resolution, an amendment, or an ordinance in the following manner:

A.        Action by Council.  Passage of an ordinance, amendment or resolution requires a majority vote of all of the members of the Council.  Passage of a motion requires a majority vote of a quorum of the Council.  A resolution must be passed to spend public funds in excess of twenty-five thousand dollars ($25,000.00) on any one project, or to accept public improvements and facilities upon their completion.  Each Council member’s vote on a measure must be recorded.  A measure which fails to receive sufficient votes for passage shall be considered defeated.

(Code of Iowa, Sec. 380.4)

B.        Overriding Mayor’s Veto.  Within thirty (30) days after the Mayor’s veto, the Council may pass the measure again by a vote of not less than two-thirds of all of the members of the Council.

(Code of Iowa, Sec. 380.6[2])

C.        Measures Become Effective.  Measures passed by the Council become effective in one of the following ways:

(1)       An ordinance or amendment signed by the Mayor becomes effective when the ordinance or a summary of the ordinance is published, unless a subsequent effective date is provided within the ordinance or amendment.   

(Code of Iowa, Sec. 380.6[1a])

(2)       A resolution signed by the Mayor becomes effective immediately upon signing.

(Code of Iowa, Sec. 380.6[1b])

(3)       A motion becomes effective immediately upon passage of the motion by the Council.

(Code of Iowa, Sec. 380.6[1c])

(4)       If the Mayor vetoes an ordinance, amendment or resolution and the Council repasses the measure after the Mayor’s veto, a resolution becomes effective immediately upon repassage, and an ordinance or amendment becomes a law when the ordinance or a summary of the ordinance is published, unless a subsequent effective date is provided within the ordinance or amendment.

(Code of Iowa, Sec. 380.6[2])

(5)       If the Mayor takes no action on an ordinance, amendment or resolution, a resolution becomes effective fourteen (14) days after the date of passage, and an ordinance or amendment becomes law when the ordinance or a summary of the ordinance is published, but not sooner than fourteen (14) days after the date of passage, unless a subsequent effective date is provided within the ordinance or amendment.

(Code of Iowa, Sec. 380.6[3])

“All of the members of the Council” refers to all of the seats of the Council including a vacant seat and a seat where the member is absent, but does not include a seat where the Council member declines to vote by reason of a conflict of interest.

(Code of Iowa, Sec. 380.4)

D.        Tie Votes.  Any measure resulting in a tie vote shall be reconsidered at the next regular Council meeting.

E.         Submittal to Voters.  The Council may submit to the voters a proposition for the repeal, amendment or enactment of any measure, to be voted upon at any succeeding general, regular or special City election, and if the proposition submitted receives a majority of the votes, the measure shall be repealed, amended or enacted accordingly.

10.       Prohibitions.

A.        A Council member may not hold any other City office or be a City employee or any other elected official while serving on the City Council.

B.        Council members, as policy makers, should not interfere with the supervision or direction of any department or person appointed by or under the control of the Mayor or City Manager.

11.       Appointments.

A.        The Council may appoint a City Manager.  (See Section 2.05.)

B.        All appointments to City boards, commissions and committees shall not become effective unless approved by the City except as otherwise provided by the laws of the State of Iowa and this Charter.

C.        The Council shall fix the compensation of persons it appoints and shall provide for the method of appointment, promotion, removal and compensation of other City employees consistent with the laws of the State and this Charter.

2.04    MAYOR.

1.         Eligibility, Election and Term.

A.        There shall be a Mayor elected at large by the qualified electors of the City.

B.        Only eligible electors of the City shall be eligible to hold the office of Mayor.

C.        The Mayor shall be elected by voters at large at the regular City election every four years to serve for a four-year term.

2.         Salary.  The Council shall, by ordinance, prescribe the compensation of the Mayor, giving due regard to the duties and responsibilities of the position.  However, a change in the compensation of the Mayor does not become effective during the term in which the change is adopted and the Council shall not adopt an ordinance changing the compensation of the Mayor during the months of November and December in the year of a regular City election.

(Code of Iowa, Sec. 372.13[8])

3.         Vacancy.  Should a vacancy occur in the office of the Mayor in the event of resignation or death, the Council shall act as a nominating committee.  The committee shall conduct one public hearing within fourteen (14) days of the occurrence of the vacancy and shall establish a list of names of eligible electors willing to serve.  The Council shall fill the vacancy from the established list within forty (40) days of the occurrence of the vacancy.  Nothing in this section shall preempt the citizens’ right to petition for an election as provided by the laws of the State.

4.         Mayor’s Powers and Duties.

A.                The Mayor is the official representative of the City.

B.                 The Mayor is the presiding officer of the Council.  The Mayor may call special meetings of the Council when necessary.

C.                 The Mayor is not a voting member of the Council.  The Mayor may enter into all discussions and express views.

D.                The Mayor may sign, veto or take no action on an ordinance, amendment or resolution passed by the Council.  If the Mayor signs a measure, a resolution becomes effective immediately upon signing, and an ordinance or amendment becomes a law when published, unless a subsequent effective date is provided within the measure.  If the Mayor vetoes a measure, the Mayor shall explain the reasons for the veto in a written message to the Council at the time of the veto.  Within thirty (30) days after the Mayor’s veto, the Council may pass the measure again by an affirmative vote of not less than two-thirds (2/3) majority of the Council members.  If the Mayor vetoes a measure and the Council repasses the measure after the Mayor’s veto, a resolution becomes effective immediately upon repassage and an ordinance or amendment becomes a law when published, unless a subsequent effective date is provided within the measure.  If the Mayor takes not action on a measure, a resolution becomes effective fourteen (14) days after the date of passage, and an ordinance or amendment becomes a law when published, but not sooner than fourteen (14) days after the date of passage, unless a subsequent effective date is provided within the measure.

E.                 The Mayor is responsible for enforcement of all laws, provisions of this Charter and actions of the Council.

F.                  The Mayor shall appoint the Mayor Pro Tem, who will act as mayor during the Mayor’s absence.

2.05    CITY MANAGER.  The Council may by ordinance provide for a City Manager, and prescribe the Manager’s powers, duties and compensation.  The City has such an ordinance at the present time (Ordinance No. 1772, dated June 26, 1984) which shall continue in full force and effect subject to repeal or amendment by the Council in the manner provided by law.

2.06    BOARDS, COMMISSIONS AND COMMITTEES.

1.                  Establishment.  The Council may establish boards, commissions and committees in addition to those required by the laws of the State and shall specify the titles, duties, length of terms, qualifications of members and other appropriate matters.  The Council may reduce or increase duties of any board, commission or committee; transfer duties from one to another or dissolve any board, commission or committee, except as otherwise provided by Iowa law or this Charter.  This section does not apply to “Standing Committees of the City Council.”  All members shall be residents of the City and eligible electors.

2.                  Appointment, Vacancies and Removal.  The Mayor shall appoint, with the approval of the Council, all members of boards, commissions and committees unless otherwise provided by the laws of the State or existing City ordinances at the time of the adoption of this Charter, and shall seek to provide broad representation on all boards, commissions and committees, subject to the requirements of the laws of the State of Iowa.  All members shall be residents of the City and eligible electors.  The Council shall establish procedures for not less than thirty days’ notice of vacancies on boards, commissions and committees and shall encourage nominations by citizens before the vacancies are filled.  The Council shall establish conditions for the removal of members of boards, commissions and committees for just cause, consistent with the laws of the State.

3.                  Rules.  All boards, commissions and committees shall adopt rules and procedures for their operation, including rules pertaining to open meetings, consistent with the laws of the State.

2.07    INITIATIVE AND REFERENDUM.

1.                  Initiative.  The qualified electors have the right to propose ordinances to the Council, and if the Council fails to adopt an ordinance so proposed without any change in substance, to have the ordinance submitted to the voters at an election.

2.         Referendum.  The qualified electors have the right to require reconsideration by the Council of an existing ordinance, and if the Council fails to repeal such ordinance, to have it submitted to the voters at an election.

3.         Definitions.  As used in this section, the following terms have these meanings:

A.                “Eligible electors” mean persons who possess all of the qualifications necessary to entitle the person to be registered to vote, whether or not the person is in fact so registered.

B.                 “Ordinance” means all measures of a legislative nature, however designated, which are of permanent rather than temporary character and include a proposition enacting, amending or repealing a new or existing law, policy or plan, as opposed to one providing for the execution or administration of a law, policy or plan already enacted by the Council.

C.                 “Qualified electors” mean residents of the City who are registered voters of the City.

4.         Limitations as to Subject Matter.  The right of initiative and referendum shall not extend to any of the following:

A.                Any measure of an executive or administrative nature. 

B.                 The City budget.

C.                 The appropriation of money.

D.                The levy of taxes or special assessments.

E.                 The issuance of General Obligation and Revenue Bonds.

F.                  The letting of contracts.

G.                Salaries of City employees.

H.                Emergency ordinances.

I.                   Any measure required to be enacted by State or Federal law.

J.                   Amendments to this Charter, except as provided in Section 2.08(1)(B) of this Charter.

K.                Amendments affecting the City Zoning ordinance.

5.         Limitation as to Resubmission.  No initiative or referendum petition shall be filed within two years after the same measure or a measure substantially the same has been submitted to the voters at an election.

6.         Council Repeal, Amendment and Reenactment.  No ordinance proposed by initiative petition and adopted by the vote of the Council without submission to the voters, or adopted by the voters pursuant to this section, may for two years thereafter be repealed or amended except by a vote of the people, unless provision is otherwise made in the original initiative ordinance.  No ordinance referred by referendum petition and repealed by the vote of the Council without submission to the voters, or repealed by the voters pursuant to this section, may be reenacted for two years thereafter except by vote of the people, unless provision is otherwise made in the original referendum petition.

7.         Construction. 

A.                Scope of Power.  It is intended that this section confer broad initiative and referendum powers upon the qualified electors of the City.

B.                 Initiative.  It is intended that an initiative petition will be valid and may repeal an existing ordinance in whole or in part by virtue of proposing a new ordinance.  It is intended that an initiative petition may amend an existing ordinance.

C.                 Referendum.  It is intended that a referendum petition may propose an election to repeal an ordinance in whole or in part.

8.         Effect of Filing Petition.  The filing of an initiative or referendum petition does not suspend or invalidate any ordinance under consideration and such ordinance shall remain in full force and effect until its amendment or repeal by Council pursuant to this Charter, or until a majority of the qualified electors voting on an ordinance vote to repeal or amend the ordinance and the vote is certified by the Clinton County, Iowa Board of Canvassers.

9.         City Obligation.  An initiative or referendum vote which repeals an existing ordinance in whole or in part does not affect any obligations entered into by the City, its agencies or any person in reliance on the ordinance during the time it was in effect.

10.       Commencement of Proceedings.  One or more qualified electors, hereafter referred to as the “petitioners,” may commence initiative or referendum proceedings by filing with the City Clerk-Treasurer an affidavit stating they will supervise the circulation of the petition and will be responsible for filing it in proper form, stating their names and addresses and specifying the address to which all relevant notices are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

11.       Affidavit.  The City Clerk-Treasurer shall accept the affidavit for filing if on its face it appears to have signatures of one or more qualified elector(s).  The City Clerk-Treasurer shall issue the appropriate petition forms to the petitioners within two (2) days after the affidavit is accepted for filing.

12.       Petitions.

A.                Number of Signatures.  Initiative and referendum petitions must be signed by qualified electors equal in number to at least twenty-five percent (25%) of the number of persons who voted in the last regular City election, but by not fewer than 1,500 qualified electors.

B.                 Form and Content.  All papers of a petition prepared for filing must be substantially uniform in size and style and must be assembled as one instrument.  Each signature on the petition must be followed by the address of the person signing and the date signature is executed.  A petition prepared for circulation must contain or have attached thereto throughout its circulation the full text of the ordinance proposed or sought to be reconsidered.  The petition filed with the City Clerk-Treasurer need have attached to it only one copy of the ordinance being proposed or referred.

C.                 Affidavit of Circulator.  Each paper of a petition containing signatures must have attached to it when filed an affidavit executed by a qualified elector certifying the number of signatures on the paper, that he/she personally circulated it, that all signatures were affixed in his/her presence, that he/she believes them to be genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.  Any person filing a false affidavit will be liable to criminal penalties as provided by Iowa law.

D.                Time for Filing Initiative Petitions.  Signatures on an initiative petition must be secured and the petition filed within six months after the date the affidavit required under Section 2.07(10) was filed.

E.                 Time for Filing Referendum Petitions.  Referendum petitions may be filed within six months after the date the affidavit required under Section 2.07(10) was filed.

13.       Procedure After Filing. 

A.                Certificate of Clerk-Treasurer.  Within twenty (20) days after a petition is filed, the City Clerk-Treasurer shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners by registered mail, and a copy to the Mayor, who shall advise the Council.  If a petition is certified sufficient, the City Clerk-Treasurer shall promptly present the certificate to the Council.

B.                 Validity of Signatures.  A petition shall be deemed sufficient for the purposes of this section if it contains valid signatures in the number prescribed by subsection 12 and is timely filed, even though the petition may contain one or more invalid signatures.  A valid signature need not be in the identical form in which the qualified elector’s name appears on the voting rolls, nor may a signature be deemed invalid because the address accompanying the name on the petition is different from the address for the same name on the current voting rolls.

14.       Action on Petitions.

A.                Action by Council.  When an initiative or referendum petition has been certified sufficient, the Council shall promptly consider the proposed initiative ordinance or reconsider the referred ordinance.  If the Council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days, or fails to repeal the referred ordinance within sixty (60) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the qualified electors of the City as hereinafter prescribed.  The Council shall submit to the voters any ordinance which has been proposed or referred in accordance with the provisions of this section unless the petition is deemed insufficient pursuant to subsection 13 of this section.  If at any time more than thirty (30) days before the scheduled initiative or referendum election the Council adopts the proposed initiative ordinance without any change in substance, or repeals a referred ordinance, the initiative or referendum proceedings shall terminate and the proposed or referred ordinance shall not be submitted to the voters.

B.                 Submission to Voters.  The vote of the City on a proposed or referred ordinance shall be a special election to be held at the regular City election, or at a general election, whichever comes first, provided, however, that the Council may provide for a special referendum election on a referred ordinance any time after the expiration of the sixty (60) day period provided for reconsideration in paragraph A of this subsection.  Copies of the proposed or referred ordinance shall be made available to the qualified electors at the polls and shall be advertised at the City’s expense in the manner prescribed by the laws of the State.  The subject matter and purpose of the referred or proposed ordinance shall be indicated on the ballot.

15.       Results of Election.

A.        Initiative.  If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results by the Clinton County, Iowa Board of Canvassers and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Council, except as provided in Section 2.07(6).  If conflicting ordinances are approved by majority vote at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

B.        Referendum.  If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results by the Clinton County, Iowa Board of Canvassers.  If conflicting ordinances are approved by majority vote at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

16.       Prohibition on Establishment of Stricter Conditions or Requirements.  The Council may not set, except by Charter amendment, conditions or requirements affecting initiative and referendum which are higher or more stringent than those imposed by this Charter.

2.08    CHARTER AMENDMENTS AND REVIEW. 

1.         Amendments.  This Charter may be amended only by one of the following methods:

A.                The Council, by resolution, may submit a proposed amendment to the voters at a special City election or a general election, and a proposed amendment becomes effective when approved by a majority of those voting.

B.                 The Council, by ordinance, may amend the Charter.  However, within thirty (30) days of publication of the ordinance, if a petition signed by eligible electors of the City equal in number to ten percent (10%) of the persons who voted at the last preceding regular City election, but not less than 10 persons, is filed with the Council, the Council must submit the amending ordinance to the voters at a special City election or general election, whichever comes first, and the amendment does not become effective until approved by a majority of those voting.

C.                 If a petition signed by eligible electors of the City equal in number to ten percent (10%) of the persons who voted at the last preceding regular City election, but not less than 10 persons, is filed with the Council proposing an amendment to the Charter, the Council must submit the proposed amendment to the voters at a special City election or a general election, whichever comes first, and the amendment becomes effective if approved by a majority of those voting.

2.         Charter Review Commission.  The Council, using the procedures prescribed in Section 2.06, may establish a Charter Review Commission at least once every ten (10) years following the effective date of this Charter.  The Commission, consisting of at least nine (9) members, shall review the existing Charter and may, within twelve (12) months, recommend any Charter amendments that it deems fit.  The Council shall submit such amendments to the voters in the form prescribed by the Commission, and an amendment becomes effective when approved by a majority of those voting.  The Commission may also recommend to the Council that it exercise its power of amendment pursuant to Section 2.08(1)(B) of this Charter on a matter recommended by the Commission.

CHAPTER 4

MUNICIPAL INFRACTIONS

4.01    MUNICIPAL INFRACTION.  A violation of this Code of Ordinances or any ordinance or code herein adopted by reference or the omission or failure to perform any act or duty required by the same, with the exception of those provisions specifically provided under State law as a felony, an aggravated misdemeanor, or a serious misdemeanor, or a simple misdemeanor under Chapters 687 through 747 of the Code of Iowa, is a municipal infraction punishable by civil penalty as provided herein.

(Code of Iowa, Sec. 364.22[3])

4.02    ENVIRONMENTAL VIOLATION.  A municipal infraction which is a violation of Chapter 455B of the Code of Iowa or of a standard established by the City in consultation with the Department of Natural Resources, or both, may be classified as an environmental violation.  However, the provisions of this section shall not be applicable until the City has offered to participate in informal negotiations regarding the violation or to the following specific violations:

(Code of Iowa, Sec. 364.22 [1])

1.         A violation arising from noncompliance with a pretreatment standard or requirement referred to in 40 C.F.R. §403.8.

2.         The discharge of airborne residue from grain, created by the handling, drying or storing of grain, by a person not engaged in the industrial production or manufacturing of grain products.

3.         The discharge of airborne residue from grain, created by the handling, drying or storing of grain, by a person engaged in such industrial production or manufacturing if such discharge occurs from September 15 to January 15.

4.03    PENALTIES.   A municipal infraction is punishable by the following civil penalties:

(Code of Iowa, Sec. 364.22 [1])

1.         Standard Civil Penalties.

A.        First Offense -  Not to exceed $500.00

B.        Each Repeat Offense - Not to exceed $750.00

Each day that a violation occurs or is permitted to exist constitutes a repeat offense.

2.         Special Civil Penalties.

A.        A municipal infraction arising from noncompliance with a pretreatment standard or requirement, referred to in 40 C.F.R. §403.8, by an industrial user shall be punishable by a penalty of not more than one thousand dollars ($1,000.00) for each day a violation exists or continues.

B.        A municipal infraction classified as an environmental violation shall be punishable by a penalty of not more than one thousand dollars ($1,000.00) for each occurrence.  However, an environmental violation shall not be subject to such penalty if all of the following conditions are satisfied:

(1)       The violation results solely from conducting an initial startup, cleaning, repairing, performing scheduled maintenance, testing, or conducting a shutdown of either equipment causing the violation or the equipment designed to reduce or eliminate the violation.

(2)       The City is notified of the violation within twenty-four (24) hours from the time that the violation begins.

(3)       The violation does not continue in existence for more than eight (8) hours.

4.04    CIVIL CITATIONS.  Any officer authorized by the City to enforce this Code of Ordinances may issue a civil citation to a person who commits a municipal infraction.  The citation may be served by personal service as provided in Rule of Civil Procedure 56.1, by certified mail addressed to the defendant at defendant’s last known mailing address, return receipt requested, or by publication in the manner as provided in Rule of Civil Procedure 60 and subject to the conditions of Rule of Civil Procedure 60.1.  A copy of the citation shall be retained by the issuing officer, and one copy shall be sent to the Clerk of the District Court.  The citation shall serve as notification that a civil offense has been committed and shall contain the following information:

(Code of Iowa, Sec. 364.22 [4])

1.         The name and address of the defendant.

2.         The name or description of the infraction attested to by the officer issuing the citation.

3.         The location and time of the infraction.

4.         The amount of civil penalty to be assessed or the alternative relief sought, or both.

5.         The manner, location, and time in which the penalty may be paid.

6.         The time and place of court appearance.

7.         The penalty for failure to appear in court.

4.05    ALTERNATIVE RELIEF.  Seeking a civil penalty as authorized in this chapter does not preclude the City from seeking alternative relief from the court in the same action.  Such alternative relief may include, but is not limited to, an order for abatement or injunctive relief.

(Code of Iowa, Sec. 364.22 [8])

4.06    CRIMINAL PENALTIES.  This chapter does not preclude a peace officer from issuing a criminal citation for a violation of this Code of Ordinances or regulation if criminal penalties are also provided for the violation.  Nor does it preclude or limit the authority of the City to enforce the provisions of this Code of Ordinances by criminal sanctions or other lawful means.

(Code of Iowa, Sec. 364.22[11])

CHAPTER 7

CITY COUNCIL
STANDING RULES AND ORDER OF BUSINESS

7.01    COUNCIL MEETINGS.  The Council holds its regular meetings at the Council Chambers at the City Hall on the second and fourth Tuesdays of each month at seven o’clock (7:00) p.m.  Special meetings and adjourned meetings shall be held at the same place.  Regularly scheduled meetings may be rescheduled when they fall on holidays or because of special circumstances as determined by the Council.

7.02    AGENDA.  The Clerk shall prepare an agenda for regularly scheduled Council meetings, which shall be distributed to the Council by the end of the last work day of the week preceding the meeting.  The Clerk shall assign agenda items to appropriate Council members when necessary for introduction of items.  The individual Council member reserves the right to decline his or her assignment of an agenda item.  In such an event, the agenda item may be presented by another Council member.  No matter which requires a decision by vote of the Council shall be brought before the Council unless said matter has been listed on the agenda prepared by the Clerk.  A Council member may place individual items on the agenda prior to deadline.  Items introduced during a regular Council meeting by Council members under old business or new business may be discussed, but no decision shall be made.  Agenda items for Council action required by the Code of Iowa or by this Code of Ordinances shall be placed on the regular Council meeting agenda by the Clerk.  Ongoing business requiring policy action by the Council shall be placed on the regular Council meeting agenda by the Clerk at the direction of the City Administrator.  Other items for regular Council meetings shall originate by majority vote of the Council at a Council Committee of the Whole meeting, or may originate from a standing committee.  All such agenda items which require the fulfillment of the legislative function of the Council shall be of a policy nature.

7.03    PRESIDING OFFICER.  The presiding officer of the Council is the Mayor or in the absence of the Mayor, the Mayor Pro Tem.  In the absence of the Mayor and the Mayor Pro Tem, the remaining members of the Council shall elect a temporary presiding officer by majority vote.

7.04    QUORUM.  Four of the seven Council members constitutes a quorum.

7.05    VOTING.  The unanimous consent calendar, all resolutions and all ordinances require a roll call vote of each Council member in attendance.  The voice vote shall be a “yes” or “no.”  Each Council member’s vote shall be recorded by the Clerk.

7.06    REGULAR COUNCIL MEETING ORDER OF BUSINESS.  The order of business is as follows:

1.         Call to order.

2.         Pledge of Allegiance.

3.         Roll call by the Clerk.

4.         Minutes of the previous meeting.

5.         Public hearings.

6.         Audience comment.  (The purpose of the audience comment portion of the agenda is to provide an opportunity for citizens to address the Council on any issue of that citizen’s concern.  The audience comment opportunity is not a forum for debate with the Mayor, any Council member or any staff member.  Citizens with questions which require answers or concerns which require discussion are encouraged to contact the appropriate individual City official or appropriate staff member at another time.)

7.         Unanimous consent calendar.

8.         Ordinances, resolutions and motions.

9.         Unfinished business.

10.       New business.

11.       Adjourn.

7.07    PROCEDURES FOR PUBLIC HEARINGS, RESOLUTIONS, ORDINANCES; TYPICAL MOTIONS. 

1.         Public Hearings. 

A.        Ask the Mayor to call for written or oral objections or comments from audience.

B.        Motion - Move to enter the public hearing into the record, with objections being placed on file, if any received.

2.         Resolutions.  Read the resolution or its title and move that it be adopted as presented, as amended or denied.

3.         Ordinances.

A.        First consideration (alone).

(1)       Move the Council consider an ordinance for the first time;

(2)       Read the title;

B.        Second consideration (alone).

(1)       Move the Council consider an ordinance for the second time;

(2)       Read the title;

C.        Third consideration and adoption (alone).

(1)       Move the Council consider an ordinance for the third and final time;

(2)       Read the title;

(3)       Move that the ordinance under consideration be placed on its final passage and adopted.

D.        Combined second and third considerations and adoption: 

(1)       Move the Council consider an ordinance for the second time;

(2)       Read the title;

(3)       Move that the rules be suspended and the ordinance considered for the third and final time;

(4)       Read the title;

(5)       Move that the rules be suspended and the ordinance under consideration be placed on its final passage and adopted.

E.         Combined first, second and third considerations and adoption: 

(1)       Move the Council consider an ordinance for the first time;

(2)       Read the ordinance;

(3)       Move that the rules be suspended and the ordinance considered for the second time;

(4)       Read the title;

(5)       Move that the rules be suspended and the ordinance considered for the third and final time;

(6)       Read the title;

(7)       Move that the rules be suspended and the ordinance under consideration be placed on its final passage and adopted.

After each consideration on any of its readings, a roll call vote shall be taken.  If a proposed ordinance or amendment to an ordinance fails to receive sufficient votes for passage at any consideration, the proposed ordinance or amendment shall be considered defeated.  A motion to suspend the rules requires a vote of not less than ¾ of all the Council members.

7.08    SERGEANT-AT-ARMS.  The Police Chief or designate shall serve as Sergeant-at-Arms at all regular Council meetings.  The duty of the Sergeant-at-Arms is to preserve order if necessary and to protect the safety of the City officials.

7.09    COMMITTEE OF THE WHOLE.  The purpose of the Council Committee of the Whole is to identify, define and investigate issues and to determine by majority vote those questions of policy which are to be forwarded to the Council for decision.  Action on any motion during Council Committee of the Whole meetings shall be interpreted as a determination regarding placing an item or issue on the agenda of a regular Council meeting, and shall not constitute a decision on the item or issue.  The Committee of the Whole is organized as follows:

1.         Presiding Officer.  The Mayor is the presiding officer of the Committee of the Whole.

2.         Meetings.  Council Committee of the Whole meetings are held on the first Tuesday of each month and following the first Council meeting of each month.  The meetings on the first Tuesday are held in the Council Chambers at seven o’clock (7:00) p.m. unless it falls on a legal holiday or because of special circumstances as determined by the Council.  Additional Council Committee of the Whole meetings may be held following the regular Council meeting on the fourth Tuesday of each month.  Efforts shall be made to avoid unnecessary delays in addressing policy matters and to provide a balanced agenda by distributing Council Committee of the Whole agenda items over the available meeting dates of each month.

3.         Agenda.  Any Council member or the Mayor may request that an item be placed on the Council Committee of the Whole agenda.  Such request may be made at any Council or Council Committee of the Whole meeting.  The request may also be made in writing to the City Administrator’s office, said request to be copied to each member of the Council.  The Council Committee of the Whole agenda is prepared under the direction of the City Administrator.  Extensive background development or staff research shall be provided for any agenda item only by Committee of the Whole majority vote.  (This is consistent with the principle that the City government organization works under the direction of the Council and not under the direction of one member or of a minority of the Council.)  Ongoing business items may be placed on the Committee of the Whole agenda by the City Administrator.

4.         Standing Committees.  The Council Committee of the Whole may establish standing committees.  Each committee shall consist of not more than three (3) Council members.  The purpose of the standing committees is to study, discuss, review and receive citizen communication on policy issues and to report findings and/or recommendations to the Council Committee of the Whole or to the Council at a regular Council meeting.

CHAPTER NO. 2105

CHAPTER NO. 2105

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CLINTON, IOWA 1999 BY AMENDING PROVISIONS PERTAINING TO MEETINGS OF THE CITY COUNCIL COMMITTEE OF THE WHOLE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLINTON, IOWA:

Section 1.       Section Modified.  Chapter 7, Section 09, paragraph 2 of the Code of Ordinances of the City of Clinton, Iowa, 1999, is repealed and the following adopted in lieu thereof:

•2.         Meetings.  Council Committee of the Whole meetings are held following the regular Council meetings on the second and fourth Tuesdays of each month in the Council Chambers.  Regularly scheduled meetings may be rescheduled when they fall on holidays or because of special circumstances as determined by the Council.  Additional Committee of the Whole meetings may be held as determined by the Council.  Efforts shall be made to avoid unnecessary delays in addressing policy matters and to provide a balanced agenda by distributing Council Committee of the Whole agenda items over the available meeting dates of each month.

Section 2.       Severability Clause.  If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

Section 3.       Effective Date.  This ordinance shall be in full force and effect from and after its adoption and publication as provided by law.

                                                                                                ______________________________

                                                                                                LaMetta K. Wynn, MAYOR

Attest:_____________________________

            Deborah K. Neels,

            CITY CLERK

ADOPTED:  November 9, 1999

7.10    TASK FORCE GROUPS.  By Council majority vote, special task force groups may be organized to gather information and make recommendations on specific issues.  Such recommendations shall be of an advisory nature and nonbinding to the Council.

7.11    CITIZEN PARTICIPATION.  Citizens are encouraged to attend any and all regular Council meetings, all Council Committee of the Whole meetings, all standing committee meetings and any special task force meetings.  For specific issues, such as petitions presented by citizens, public input may be solicited by any Council member.  If citizen input is needed for information or opinion, the affected party shall be notified of the time and place of the meeting.  During Council Committee of the Whole, standing committee meetings and task force meetings, the public may be invited to provide information or opinion on any agenda item by members of the committee or by the Mayor.

7.12    SCOPE OF STANDING RULES.  The standing rules set out in this chapter govern the conduct of the Council and shall be interpreted to insure fair and open deliberation and decision making.

7.13    MATTERS NOT COVERED.  Any matter or order or procedure not covered by these rules shall be referred to the presiding officer, who shall decide the matter with the assistance and advice of the City Attorney or a representative of the City Attorney, in conformity with the purpose of these rules in a fair and expeditious manner.  Robert’s Rules of Order (as revised), where applicable, unless abolished by this chapter, shall be followed.

CHAPTER 10

URBAN REVITALIZATION AREA

10.01    DESIGNATION OF URBAN REVITALIZATION AREAS.  The following areas are designated as revitalization areas under Chapter 404 of the Code of Iowa.

1.         City-wide Urban Revitalization Area.  In accordance with Chapter 404 of the Code of Iowa, the entire area within the corporate boundaries of the City is hereby designated as a revitalization area to provide property tax exemptions for qualified improvements to residential properties anywhere within the City, and improvements to commercial/industrial properties within the designated target areas.  Said area is legally described as follows:

Commencing at a point in the thread of the main channel of the Mississippi River which is due east of the centerline of Section 18, Township 82 North, Range 7 East of the 5th P.M.; thence due west to the centerline of Section 13, Township 82 North, Range 6 East of the 5th P.M.; thence south on the north and south centerline of said Section 13 and south on the north and south centerline of Section 24, Township 82 North, Range 6 East of the 5th P.M. to the northeast corner of the south one half of the Northwest Quarter (NW¼) of said Section 24; thence west on the north line of the south one half of the Northwest Quarter (NW¼) of said Section 24 to the northwest corner thereof; thence south on the west line of said Section 24 and south on the west line of Section 25 in said Township 82 North, Range 6 East of the 5th P.M. to the northeast corner of the south one half of the Southeast Quarter (SE¼) of Section 26, Township 82 North, Range 6 East of the 5th P.M.; thence west on the north line of the south one half of the Southeast Quarter (SE¼) of said Section 26 to the northwest corner thereof; thence south on the north and south centerline of said Section 26 and south on the north and south centerline of Section 35, Township 82 North, Range 6 East of the 5th P.M. to the center of said Section 35; thence west on the east and west centerline of said Section 35 and west on the east and west centerline of Section 34, Township 82 North, Range 6 East of the 5th P.M. to the west quarter corner of said Section 34; thence south on the west line of said Section 34 and south on the west line of Section 3, Township 81 North, Range 6 East of the 5th P.M. to the southwest corner of said Section 3; thence west on the north line of Sections 9, 8 and 7, Township 81 North, Range 6 East of the 5th P.M. to the west line of said Section 7; thence continuing west on the north line of Section 12, Township 81 North, Range 5 East of the 5th P.M. and west on the north line of Section 11, Township 81 North, Range 5 East of the 5^th P.M. to the north and south centerline of said Section 11; thence south on the north and south centerline of Sections 11, 14, 23 and 26, Township 81 North, Range 5 East of the 5th P.M. to the center of aforesaid Section 26; thence east on the east and west centerline of said Section 26 and east on the east and west centerline of Section 25, Township 81 North, Range 5 East of the 5th P.M. to the east line of said Section 25; thence continuing east on the east and west centerline of Section 30, Township 81 North, Range 6 East of the 5th P.M. to the east line of said Section 30; thence north on the east line of said Section 30 to a point 200 feet south of the north line of said Section 30; thence west parallel with the north line of said Section 30 and 200 feet southerly therefrom a distance of 1,520 feet; thence north a distance of 200 feet to the north line of said Section 30; thence west along the north line of said Section 30 to the northwest corner of said Section 30; thence north on the west line of Section 19, Township 81 North, Range 6 East of the 5th P.M. to the northwest corner of said Section 19; thence east on the north line of said Section 19 to the northeast corner of the Northwest Quarter (NW¼) of said Section 19; thence south on the north-south centerline of said Section 19 to the east-west centerline of the Northwest Quarter (NW¼) of said Section 19; thence west on said east-west centerline to the west line of the east half of said Section 19; thence south on the said west line to the east-west centerline of said Section 19; thence east on said east-west centerline to the west line of the east half of the Southeast Quarter (SE¼) of said Section 19; thence south on said west line to the north right-of-way line of an east-west road along the south side of Section 19; thence east along said right-of-way line of said east-west road to the east line of said Section 19; thence south along the said east line of said Section 19 to the southeast corner of said Section 19; thence east on the south line of Section 20, Township 81 North, Range 6 East of the 5th P.M. to the centerline of a north-south road through said Section 20, said road being commonly known as Anamosa Road; thence north and northwesterly on the said centerline of said road to a point 920 feet south and 181 feet east of the northwest corner of said Section 20; thence south 05°24' west a distance of 404.5 feet; thence west 124.7 feet; thence south 89°56' west a distance of 12.4 feet; thence south 89°39' west a distance of 371.46 feet; thence north 00°21' east a distance of 325.78 feet; thence northeasterly to a point on the west line of said Section 20 897.22 feet south of the northwest corner of said Section 20; thence north on said west line of said Section 20 a distance of 164 feet; thence west a distance of 363 feet; thence north a distance of 264 feet; thence north 00°21' east a distance of 157 feet; thence south 89°39' east a distance of 382.16 feet to a point 17 feet east of the west line of said Section 20, being the centerline of the said north-south road through said Section 20; thence north parallel with the said west line of said Section 20 to a point on the north line of said Section 20, 17 feet east of the northwest corner thereof; thence east on the north line of Section 20 and on the north line of Section 21, Township 81 North, Range 6 East of the 5th P.M. to the northeast corner of said Section 21; thence south on the east line of said Section 21 to the northeast corner of the south one half of the Southeast Quarter (SE¼) of said Section 21; thence east on the north line of the south one half of the Southwest Quarter (SW¼) of Section 22, Township 81 North, Range 6 East of the 5th P.M. to the northerly right-of-way line of the Chicago and Northwestern Railroad Company main line track; thence northeasterly along the said northerly right-of-way line to the east line of said Section 22; thence south on the east line of said Section 22 to a point north 00°34' east 749.64 feet from the east quarter corner of said Section 22, being a point on the southerly right-of-way line of the Chicago and Northwestern Railroad Company's 175.0-foot wide right-of-way; thence north 64°11' east on the said right-of-way line a distance of 788.56 feet to the centerline of Mill Creek; thence south 57°29'37" east a distance of 419.07 feet; thence north 69°01'38" east a distance of 305.93 feet; thence south 71°34'31" east a distance of 104.45 feet; thence south 33°03' east a distance of 177.80 feet to a point on the northerly right-of-way line of the Davenport, Rock Island and Northwestern Railway Company; thence south 44°41' west along the said northerly right-of-way line a distance of 1,099.5 feet; thence south 42°26' east to the thread of the channel of Beaver Slough, a branch of the Mississippi River; thence downstream along the thread of the channel of said Beaver Slough to the south line of Section 23, Township 81 North, Range 6 East of the 5th P.M.; thence east on the south line of said Section 23 to the southeast corner thereof; thence north on the east line of said Section 23 to the thread of the channel of said Beaver Slough; thence upstream along the said thread of the Beaver Slough Channel to the north line of Section 24, Township 81 North, Range 6 East of the 5th P.M.; thence east on the north line of Section 24 to the northeast corner of the west one half of Section 24; thence south on the east line of the west one half of Section 24 and 25, Township 81 North, Range 6 East of the 5th P.M. to the thread of the main channel of the Mississippi River; thence upstream along the thread of the main channel of the Mississippi River to the point of beginning.

2.         Commercial/Industrial Revitalization Area.  In accordance with Chapter 404 of the Code of Iowa, the area known as the Central Business District/Lyons Urban Revitalization Area is hereby designated as a revitalization area for the purposes of providing property tax exemptions for qualified improvements to residential, commercial and industrial properties within the designated area.  Said area is legally described as follows:

Commencing at a point of reference at a point on the centerline of 13th Avenue South (now vacated) and South Fifth Street; thence north on said South Fifth Street centerline to the centerline of Fourth Avenue North; thence east on said Fourth Avenue North centerline to the centerline of North Third Street; thence north on said North Third Street centerline to the centerline of Eighth Avenue North; thence east on said Eighth Avenue North centerline to the centerline of Pershing Boulevard; thence north on said Pershing Boulevard to the centerline of Twenty-third Avenue North; thence west on said Twenty-third Avenue North centerline to the centerline of Cleveland Street; thence south on said Cleveland Street centerline to the centerline of Twenty-third Avenue North; thence west on said Twenty-third Avenue North centerline to the centerline of North Fourth Street; thence north on said North Fourth Street centerline to the centerline of Main Avenue; thence east on said Main Avenue centerline to the centerline of North Third Street; thence north on said North Third Street centerline to the centerline of Twenty-fifth Avenue North; thence east on said Twenty-fifth Avenue North centerline to the centerline of Roosevelt Street; thence north on said Roosevelt Street centerline to the centerline of Twenty-sixth Avenue North; thence east on said Twenty-sixth Avenue North centerline to the centerline of Garfield Street; thence north on said Garfield Street centerline to the centerline of Thirty-second Avenue North; thence east on said Thirty-second Avenue North centerline to the west meander of the ordinary high water line of the Mississippi River; thence southerly along the west meander of the ordinary high water line to the centerline of Fourteenth Avenue South (now vacated), if extended east, thence west on along Fourteenth Avenue South centerline (now vacated) to the centerline of South Second Street; thence north on the said South Second Street centerline to the north boundary of the right-of-way of the Chicago and Northwestern Railroad property; thence southwesterly on the northern boundary of the Chicago and Northwestern Railroad property to the centerline of Thirteenth Avenue South (now vacated); thence westerly on the said Thirteenth Avenue South centerline (now vacated) to the centerline of South Fifth Street and the point of beginning.

CHAPTER 20

CITY ATTORNEY

20.01    LEGAL DEPARTMENT CREATED.  There is created the legal department of the City, to provide for the Mayor, the Council, all City commissions or bodies and all City employees legal services required by and for the City.

20.02    GENERAL DUTIES OF LEGAL DEPARTMENT.  The general duties of the legal department are as follows:

1.         Prosecute and Defend Suits.  Appear for the City, prosecute and defend all causes in all the State or Federal courts, and any administrative proceeding in which the City is a party or interested; 

2.         Represent the City.  When requested to do so by the Mayor or the Council, or when the interests of the City require, appear for the City before any other court or tribunal, and prosecute or defend all actions or proceedings in which the City may be a party or interested; 

3.         Prosecute and Defend.  Prosecute or defend all actions and proceedings brought by or against any City officer in his or her official capacity or any City employee growing out of acts connected with his or her employment; 

4.         Give Opinions.  When requested, give an opinion in writing upon all questions of law submitted by the Mayor, the Council or any member thereof, or by the heads of any City department now existing or hereafter created; 

5.         Draft Contracts, Forms, etc.  When requested, prepare drafts of contracts, forms, and other writings which  may be required for use by the City; 

6.         Prepare Ordinances.  Prepare such ordinances as  the Council from time to time may direct and examine and report in writing to the Council whenever so requested an opinion as to the validity of ordinances previously passed by present or former City Councils, or of proposed ordinances, prior to their final passage by the Council; 

7.         Perform Other Duties.  Perform such other and further duties as are now or may hereafter be required of  the legal department or the members thereof by the Code of Iowa, other ordinances of the City, or State or Federal law; 

8.         Advise Council.  Advise the Council or its committees or any City officer or any commission or board, when requested, upon all legal questions arising in the conduct of City business; 

9.         Attend Council Meetings.  Attend all Council meetings for the purpose of giving the Council any legal advice requested by the Council, the Mayor or any City officer; 

10.       Prepare Legal Instruments.  Prepare for execution  all contracts and instruments to which the City is a party and approve, as to form, all bonds and insurance required to be submitted to the City; 

11.       Prosecute Offenders.  Prepare all charges and complaints against and appear in the appropriate court in the prosecution of every person charged with the violation of a City ordinance or any regulations adopted, or with the commission of a misdemeanor, and, in any prosecution for violation of any regulation adopted by any board or commission created under authority of the Council, act under the directions of such board or commission; 

12.       Settle Claims.  Have the power to adjust, settle, compromise or submit to arbitration any action, causes of action, accounts, debts, claims, demands, disputes, and matters in favor of or against the City or in which the City is concerned as debtor or creditor, now existing or which may hereafter arise, subject to the approval of the Council; 

13.       Make Reports.  Report the outcome of any litigation in which the City has an interest to the Mayor and Council; 

14.       Control Legal Services Incidental to Council Action.  Have charge of all legal services auxiliary to Council action in connection with the appropriating of property to public use and in the levying of assessments;

15.       Keep Records of Suits.  Keep a complete record of all suits in which the City had or has an interest, giving the names of the parties, the court where brought, the nature of the action, the disposition of the case, or its condition if pending, and the briefs of counsel.

20.03    COMPOSITION OF LEGAL DEPARTMENT.  The legal department of the City is composed of one City Attorney and such assistants as are provided in this chapter.

20.04    APPOINTMENT; GENERAL QUALIFICATIONS.  The City Attorney must be admitted to the practice of law in the State and must be a resident of the City.  The City Attorney shall be appointed by the City Administrator subject to Council approval and shall hold office until a successor is appointed and qualified as provided by law.

20.05    SPECIFICS OF APPOINTMENT.  The office of City Attorney shall be filled by a competent attorney with broad experience in the general practice of law. 

1.         The City Attorney shall be a full-time employee of the City and shall not engage in the private practice of law or other form of employment. 

2.         The City Attorney, once appointed, shall not be dismissed except for cause.  Should sufficient cause indicate that dismissal should be considered, he or she shall be dismissed in the same manner as originally appointed. 

3.         The compensation of the City Attorney is fixed by resolution of the Council.

4.         The City Attorney is individually responsible to the Council and the Mayor for the performance of the duties as set forth in Section 20.02 of this chapter, and in addition has the following duties: 

A.        Account promptly for all moneys received by the legal department and to pay the same into the City treasury; 

B.        Submit a budget for the operation of the legal department upon request by the Council; 

C.        Perform such other duties as are now or hereafter may be required of the legal department or members thereof by the Code of Iowa, this chapter, other chapters in this Code of Ordinances, or by requests of the Mayor or Council or individual members thereof in the interest of the City.

20.06    RESTRICTION ON PRACTICE AFTER TERMINATION OF CITY SERVICE.  No person who has been employed as City Attorney shall for a period of one year after termination of employment by the City represent any person or entity in any matter in which the City or any agency, commission or department thereof, or the like, is directly or indirectly involved.

20.07    ASSISTANTS.  To assist the legal department in the performance of its duties, the City Attorney may employ special assistant City Attorneys for individual legal matters of a peculiar nature; provided, however, that said employment shall be subject to approval of a majority vote of the Council.  No compensation shall be paid to any person for services as an attorney or counselor to the Mayor, the Council, or to any department, commissions, or boards of the City government or the heads thereof, except in cases as specifically authorized by resolution of the Council.

° ° ° ° ° ° ° ° ° °

CHAPTER 22

PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT

22.01    ESTABLISHED.  There is created and established a Planning and Community Development Department in the City to provide for the Mayor, Council and other City departments all necessary functions and services relating to planning and community development activities.

22.02    DIRECTOR; ADDITIONAL EMPLOYEES.  The department is headed by a director known as the Planning/Community Development Director, appointed by the City Administrator subject to Council approval.  The Planning and Community Development Department is comprised of those additional employees as deemed essential for the efficient operation of the department as approved by resolution of the Council.

22.03    DIRECTOR'S DUTIES.  The Planning/Community Development Director shall have the following duties and shall perform the following functions:

1.         Direct development of the City's comprehensive plan, subdivision and zoning ordinances, including the necessary research, analysis, plan preparation, design, program development and writing of various reports;

2.         Direct development and implementation of the City's community development program and all phases of redevelopment and coordinate with other departments and agencies regarding housing programs, Building and Zoning Code enforcement.

3.         Direct the development, preparation and submission of all grant applications such as block grants, urban development grants or similar grants to the Federal or State government upon approval of the Council;

4.         Direct the analysis of the City's physical and socio-economic characteristics, direct land use, population and economic forecasts;

5.         Act as technical advisor on planning and development matters to the Mayor, Council, Plan Commission, and various Council committees, appear before the Council and various commissions and committees to report and advise on major planning and community development projects, significant economic, housing, land use and population findings, and new planning and development techniques being utilized in other communities;

6.         Work with all City departments in matters relating to planning and community development programs;

7.         Work with Federal, State and adjoining local governments in implementing the City's planning and community development programs;

8.         Prepare and administer the departmental work program and budgets; assign staff, determine schedules and review progress on the work programs;

9.         Review various public works projects referred to the department by other City departments;

10.       Prepare educational and informational materials, consult with developers, public officials and citizens on planning and development matters;

11.       Coordinate and review work performed by private consultants retained for planning and development studies;

12.       Act as the secretary and technical advisor of the Plan Commission and the Zoning Board of Adjustment;

13.       Be responsible for the preparation of such programs as assigned to the departments by ordinance and resolution of the Council and the administration and/or coordination of said programs including but not limited to planning, urban development, and other programs involving State or Federal funding and/or assistance; and

14.       Be responsible for the administration and enforcement of the applicable housing code ordinance and other related ordinances and resolutions;

15.       Perform such other and further duties as now or may hereafter be required by resolution or ordinance of the City and by applicable Federal or State statutes or regulations.

22.04    EXPENDITURES.  The Planning and Community Development Department shall follow all resolutions, ordinances and City policies including those governing expenditures of funds and travel.  The department shall utilize Federal or State funds for all operations connected with any State or Federal financial aid program functions of the department and shall not utilize General Fund revenues for programs or other expenses incurred as a result of actions initiated as a result of these activities unless the expenditure of said General Fund revenues is specifically authorized by resolution of the Council prior to the commitment of said funds.

° ° ° ° ° ° ° ° ° °

CHAPTER 23

PUBLIC WORKS DEPARTMENT

23.01    PUBLIC WORKS DEPARTMENT ESTABLISHED.  There is hereby created and established a Public Works Department in the City to provide for the City all necessary functions of a Public Works nature including, but not limited to, engineering, wastewater treatment, garbage collection and street construction and repair.

23.02    DIRECTOR OF PUBLIC WORKS.  The Public Works Department is headed by a director known as the Public Works Director, appointed by the City Administrator, subject to the approval of the Council.  The Public Works Department is comprised of those employees as deemed essential for the efficient operation of the department as approved by the Council.  The salary of the Public Works Director shall be established by resolution of the Council.

23.03    DUTIES.  The Public Works Director is under the direct administrative supervision of the City Administrator and has the following duties and performs the following functions:

1.         Prepare and administer the departmental work programs and budgets, assign staff, determine schedules and review progress on same.

2.         Review, assist and delegate as necessary, various public work projects referred to the department by other City departments.

3.         Direct, through subordinates, a staff of professional engineers and technical assistants in the preparation of design criteria, designs, specifications, plans, inspections, cost estimates, tabulation of bids, contract payments, construction projects and related work.

4.         Direct field surveys, compilation of engineering data and the investigation and review of civil, sanitary, structural, hydraulic, and other engineering designs.

5.         Act as a consultant for other City departments concerning public works functions.

6.         Prepare annual budgets for services under the jurisdiction of the Public Works Director.

7.         Supervise and participate in the formulation, preparation and maintenance of long-range and current engineering and maintenance plans, complex reports and records of public works activities.

8.         Organize, direct and coordinate the activities of the several divisions, including engineering, street maintenance, wastewater and sewer maintenance and repair, and refuse disposal.

9.         Develop general policies and consult with the appropriate individuals for the expansion, operation, and maintenance of all municipal public works facilities.

10.       Confer with the Mayor and Council on matters concerning major departmental activities and furnish technical advice on public works problems.

11.       Maintain good public relations with citizens, news media, and civic organizations.

12.       Prepare ordinances and resolutions.

13.       Act as liaison between municipalities, counties and State and Federal agencies.  Seek and apply for Federal and State funds as approved by the Council.

14.       Administer the collective bargaining agreement affecting employees of the department and perform such other duties as assigned by the Mayor or by resolution or ordinance of the Council or applicable State or Federal statutes or regulations.

CHAPTER 24

TRANSPORTATION DEPARTMENT

24.01    DEPARTMENT ESTABLISHED.  There is hereby created and established a Transportation Department of the City, to provide for the City all necessary functions of a transportation nature including, but not limited to, the municipal bus system, transportation planning and vehicle maintenance.

24.02    TRANSPORTATION DIRECTOR.  The Transportation Department is headed by a Transportation Director, appointed by the City Administrator, subject to the approval of the Council.  The salary of the Transportation Director is established by resolution of the Council.

24.03    DUTIES.  The Transportation Director is under the direct administrative supervision of the City Administrator and has the following duties:

1.         Prepare and administer the departmental work programs and budgets, assign staff, determine schedules and review progress on same.

2.         Direct, through subordinates, a staff of bus drivers and maintenance and office personnel in the operation and maintenance of transit vehicles and related work.

3.         Plan and establish transit routes.

4.         Seek and apply for Federal and State transit funds as approved by the Council.

5.         Maintain good public relations with citizens, news media, and civic organizations.

6.         Administer the collective bargaining agreement affecting employees of the department.

7.         Perform such other duties as assigned by the City Administrator or by resolution or ordinance of the Council or applicable State or Federal statute or regulations.

° ° ° ° ° ° ° ° ° °

CHAPTER 25

CITY ASSESSOR

25.01    OFFICE CREATED; ADOPTION OF CHAPTER 441.  By virtue of the authority conferred by Chapter 441 of the Code of Iowa, the office of City Assessor is hereby created, and pursuant to Section 380.10 of the Code of Iowa, and after published notice and public hearing as required by law, Chapter 441 of the Code of Iowa, Assessment and Valuation of Property, is hereby adopted by reference in its entirety.

25.02    APPOINTMENT.  A Conference Board shall be established and an Examining Board, Board of Review and City Assessor appointed in accordance with the procedures set forth in Chapter 441 of the Code of Iowa.

25.03    POWERS AND DUTIES.  The Conference Board, Examining Board, Board of Review and City Assessor shall have all the powers, duties and authority granted by the laws of the State now in effect or which may be hereafter enacted.  Property in the City shall be assessed in accordance with the provisions of Chapter 441 of the Code of Iowa.

° ° ° ° ° ° ° ° ° °