CITY CHARTER 2-1
TITLE II POLICY AND ADMINISTRATION
CHAPTER 1 CITY CHARTER
2-1-1 Charter 2-1-4 Number and Term of City Council
2-1-2 Form of Government 2-1-5 Term of Mayor
2-1-3 Powers and Duties 2-1-6 Copies on File
2-1-1 CHARTER
This Chapter may be cited as the Charter of the City of Drakesville, Iowa.
2-1-2 FORM OF GOVERNMENT
The form of government of the City of Drakesville, Iowa, is the Mayor-Council form of government. (Code of Iowa, Sec. 372.4)
2-1-3 POWERS AND DUTIES
The City Council and Mayor and other City officers have such powers and shall perform such duties as are authorized or required by state law and by the Ordinances, resolutions, rules and regulations of the City of Drakesville, Iowa.
2-1-4 NUMBER AND TERM OF CITY COUNCIL
The City Council consists of five City Council members elected at large, elected for terms of two years. (Code of Iowa, Sec. 372.4) (Code of Iowa, Sec. 376.2)
2-1-5 TERM OF MAYOR
The Mayor is elected for a term of two years. (Code of Iowa, Sec. 372.4) (Code of Iowa, Sec. 376.2)
2-1-6 COPIES ON FILE
The City Clerk shall keep an official copy of the charter on file with the official records of the City Clerk, shall immediately file a copy with the Secretary of State of Iowa, and shall keep copies of the charter available at the City Clerk’s office for public inspection. (Code of Iowa, Sec. 372.1)
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CITY CHARTER 2-1
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APPOINTMENT AND QUALIFICATIONS
OF MUNICIPAL OFFICERS 2-2
TITLE II POLICY AND ADMINISTRATION CHAPTER 2
APPOINTMENT AND QUALIFICATIONS OF MUNICIPAL OFFICERS
2-2-1 Creation of Appointive Officers 2-2-6 Surety
2-2-2 Appointments of Officers 2-2-7 Blanket Position Bond
2-2-3 Terms of Appointive Officers 2-2-8 Bonds Filed
2-2-4 Vacancies in Offices 2-2-9 Boards and Commissions
2-2-5 Bonds Required
2-2-1 CREATION OF APPOINTIVE OFFICERS
There are hereby created the following appointive officers: Clerk, Attorney, and Fire Chief.
2-2-2 APPOINTMENT OF OFFICERS The Mayor shall appoint a Mayor Pro Tempore.
The Mayor shall appoint the Fire Chief of the volunteer fire department for a term of two (2) years with the approval of the City Council.
All other officers shall be appointed or selected by the City Council unless otherwise provided by law or Ordinance. (Code of Iowa, Sec. 372.4(2))
2-2-3 TERMS OF APPOINTIVE OFFICERS
The terms of all appointive officers that are not otherwise fixed by law or Ordinance shall be two (2) years.
2-2-4 VACANCIES IN OFFICES
A vacancy in an appointive office shall be filled in the same manner as the original appointment. A vacancy in an elective office shall be filled by a majority vote of all members of the City Council, unless filled by election in accordance with State law.
2-2-5 BONDS REQUIRED
Each municipal officer required by law or Ordinance to be bonded shall, before entering upon the duties of the office, execute to the City a good and sufficient bond, to be approved by the City Council, conditioned on the faithful performance of the duties and the proper handling and accounting for the money and property of the City in the official’s charge unless the City Council shall have provided for a blanket position surety bond. (Code of Iowa, Sec. 64.13)
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APPOINTMENT AND QUALIFICATIONS OF MUNICIPAL OFFICERS 2-2
2-2-6 SURETY
Any association or corporation which makes a business of insuring the fidelity of others and which has authority to do such business within Iowa shall be accepted as surety on any of the bonds.
2-2-7 BLANKET POSITION BOND
The City Council shall provide for a blanket position bond to cover all officers and employees of the City, but the City Council may provide by resolution for a surety bond for any other officer or employee that the City Council deems necessary. The City shall pay the premium on any official bond. (Code of Iowa, Sec. 64.13)
2-2-8 BONDS FILED
All bonds when duly executed shall be filed with the Clerk, except that the Clerk’s bond shall be filed with the Mayor. (Code of Iowa, Sec. 64.23)
2-2-9 BOARDS AND COMMISSIONS
1. Membership and Selections. Membership and selections of members of boards and commissions shall be as specified in this Chapter or the Code of Iowa. Any committee, board, or commission so established shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the City Council or as specified in the Code of Iowa.
2. Residency Requirement: No person shall be appointed or reappointed to a committee, board, or commission or ad hoc committee created by such committee, board, or commission or ad hoc committee created by such committee, board, or commission unless such person is, at the time of such appointment or reappointment, a resident of the City, and any person so appointed or reappointed shall maintain such residency during the term of the appointment or reappointment. Any member of a committee, board, or commission or ad hoc committee created by such committee, board, or commission who fails to maintain such residency shall be deemed removed as of the date of such change of residency, any provision in this Code to the contrary notwithstanding.
3. Removal of Members of Boards and Commission: The City Council may remove any member of any board or commission, which it has established.
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TITLE II POLICY AND ADMINISTRATION CHAPTER 3
POWERS AND DUTIES OF MUNICIPAL OFFICERS
2-3-1 General Duties 2-3-5 Powers and Duties of the Mayor
2-3-2 Books and Records 2-3-6 Powers and Duties of the Clerk
2-3-3 Deposits of Municipal Funds 2-3-7 Powers and Duties of the City Attorney
2-3-4 Transfer of Records and Property To Successor 2-3-8 Powers and Duties of the Fire Chief
2-3-1 GENERAL DUTIES
Each municipal officer shall exercise the powers and perform the duties prescribed by law and Ordinance, or as otherwise directed by the City Council unless contrary to State law or City charter. (Code of Iowa, Sec. 372.13(4))
2-3-2 BOOKS AND RECORDS
All books and records required to be kept by law or Ordinance shall be open to inspection by the public upon request, except records required to be confidential by state or federal law. (Code of Iowa, Sec. 22.1, 22.2, and 22.7)
2-3-3 DEPOSITS OF MUNICIPAL FUNDS
Prior to the fifth day of each month, each office or department shall deposit all funds collected on behalf of the municipality during the preceding month. The officer responsible for the deposit of funds shall take such funds to the City Clerk, together with receipts indicating the sources of the funds.
2-3-4 TRANSFER OF RECORDS AND PROPERTY TO SUCCESSOR
Each officer shall transfer to the official’s successor in office all books, papers, records, documents and property, together with an invoice of the same, in the official’s custody and appertaining to the official’s office.
2-3-5 POWERS AND DUTIES OF THE MAYOR
The duties of the Mayor shall be as follows:
1. The Mayor shall supervise all departments of the City and give direction to department heads concerning the functions of the departments. The Mayor shall have the power to examine all functions of the municipal departments, their records, and to call for special reports from department heads at any time. (Code of Iowa, Section 372.14(1))
2. The Mayor shall act as presiding officer at all regular and special City Council meetings. The Mayor pro tem shall serve in this capacity in the Mayor’s absence. (Code of Iowa, Sec. 372.14(1) and (3))
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POWERS AND DUTIES OF MUNICIPAL OFFICERS 2-3
3. The Mayor may veto an ordinance, amendment, or resolution within fourteen days after passage. The Mayor shall explain the reasons for the veto in a written message to the City Council at the time of the veto. Within thirty days after the mayor’s veto, the City Council may pass the measure again by a vote to not less than two-thirds of all of the members of the City Council. If the Mayor vetoes an ordinance, amendment, or resolution and the City 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.
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 a 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)
4. The Mayor shall represent the City in all negotiations properly entered into in accordance with law or Ordinance. The Mayor shall not represent the City where this duty is specifically delegated to another officer by law or Ordinance.
5. The Mayor shall, whenever authorized by the City Council, sign all contracts on behalf of the City.
6. The Mayor shall call special meetings of the City Council when the Mayor deems such meetings necessary to the interests of the City.
7. The Mayor shall make such oral or written reports to the City Council at the first meeting of every month as referred. These reports shall concern municipal affairs generally, the municipal departments, and recommendations suitable for City Council action.
8. Immediately after taking office the Mayor shall designate one member of the City Council as Mayor pro tempore. The Mayor pro tempore shall be vice-president of the City Council. Except for the limitations otherwise provided herein, the Mayor pro tempore shall perform the duties of the Mayor in cases of absence or inability of the Mayor to perform the duties of the office. In the exercise of the duties of the office the Mayor pro tempore shall not have power to appoint, employ or discharge from employment officers or employees without the approval of the City Council. The Mayor pro tempore shall have the right to vote as a member of the City Council. (Code of Iowa, Sec. 372.14(3))
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9. The Mayor shall, upon order of the City Council, secure for the City such specialized and professional services not already available to the City. In executing the order of the City Council the Mayor shall conduct said duties in accordance with the City Ordinance and the laws of the State of Iowa.
10. The Mayor shall sign all licenses and permits which have been granted by the City Council, except those designated by law or Ordinance to be issued by another municipal officer.
11. Upon authorization of the City Council, the Mayor shall revoke permits or licenses granted by the City Council when their terms, the Ordinances of the City, or the laws of the State of Iowa are violated by holders of said permits or licenses.
12. The Mayor shall order to be removed, at public expense, any nuisance for which no person can be found responsible and liable. This order shall be in writing. The order to remove said nuisances shall be carried out by the Davis County Sheriff’s Department.
2-3-6 POWERS AND DUTIES OF THE CLERK
The duties of the Clerk shall be as follows:
1. The Clerk shall attend all regular and special City Council meetings and prepare and publish a condensed statement of the proceedings thereof, to include the total expenditure from each City fund. The statement shall further include a list of all claims allowed, a summary of all receipts and the gross amount of the claims. (Code of Iowa, Sec. 372.13(4) and (6))
2. The Clerk shall record each measure taken by the City Council, stating where applicable whether the Mayor signed, vetoed, or took no action on the measure and what action the City Council made upon the Mayor’s veto. (Code of Iowa, Sec. 380.7(1))
3. The Clerk shall cause to be published either the entire text or a summary of all Ordinances and amendments enacted by the City. “Summary” shall mean a narrative description of the terms and conditions of an Ordinance setting forth the main points of the Ordinance in a manner calculated to inform the public in a clear and understandable manner the meaning of the Ordinance and which shall provide the public with sufficient notice to conform to the desired conduct required by the Ordinance. The description shall include the title of the Ordinance, an accurate and intelligible abstract or synopsis of the essential elements of the Ordinance, a statement that the description is a summary, the location and the normal business hours of the office where the Ordinance may be inspected, when the Ordinance becomes effective, and the full text of any provisions imposing fines, penalties, forfeitures, fees, or taxes. Legal descriptions of property set forth in Ordinances shall be described in full, provided that maps or charts may be substituted for legal descriptions when they contain sufficient detail to clearly define the area with which the Ordinance is
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concerned. The narrative description shall be written in a clear and coherent manner and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When necessary to use technical or legal terms not generally familiar to the public, the narrative description shall include definitions of those terms.
The Clerk shall authenticate all such measures except motions with said Clerk’s signature, certifying the time and place of publication when required. (Code of Iowa, Sec. 380.7(1) and (2))
4. The Clerk shall maintain copies of all effective City Ordinances and codes for public review. (Code of Iowa, Sec. 380.7(4))
5. The Clerk shall publish notice of public hearings, elections and other official actions as required by State and City law. (Code of Iowa, Sec. 362.3)
6. The Clerk shall certify all measures establishing any zoning district, building lines, or fire limits, and a plat showing each district, lines or limits to the recorder of the county containing the affected parts of the City. (Code of Iowa, Sec. 380.11)
7. The Clerk shall be the chief accounting officer of the City.
8. The Clerk shall keep separate accounts for every appropriation, department, public improvement or undertaking, and for every public utility owned or operated by the City. Each account shall be kept in the manner required by law. (Code of Iowa, Sec. 384.20)
9. Following City Council adoption for the budget, the Clerk shall certify the necessary tax levy for the following year to the County Auditor and the County Board of Supervisors. (Code of Iowa, Sec. 384.16(5))
10. The Clerk shall report to the City Council at the first meeting of each month the status of each municipal account as of the end of the previous month.
11. The Clerk shall balance all funds with the bank statement at the end of each month.
12. The Clerk shall prepare the annual public report, publish it, and send a certified copy to the State Auditor and other State officers as required by law. (Code of Iowa, Sec. 384.22)
13. The Clerk shall maintain all City records as required by law. (Code of Iowa, Sec. 372.13(3) and (5))
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14. The Clerk shall have custody and be responsible for the safekeeping of all writings or documents in which the municipality is a party in interest unless otherwise specifically directed by law or Ordinance. (Code of Iowa, Sec. 372.13(4))
15. The Clerk shall file and preserve all receipts, vouchers, and other documents kept, or that may be required to be kept, necessary to prove the validity of every transaction and the identity of every person having any beneficial relation thereto.
16. The Clerk shall furnish upon request to any municipal officer a copy of any record, paper or public document under the Clerk’s control when it may be necessary to such officer in the discharge of the Clerk’s duty. The Clerk shall furnish a copy to any citizen when requested upon payment of the fee set by City Council resolution. The Clerk shall, under the direction of the Mayor or other authorized officer, affix the seal of the corporation to those public documents or instruments which by Ordinance are required to be attested by the affixing of the seal. (Code of Iowa, Sec. 380.7(4), Sec. 22.2 and 22.7)
17. The Clerk shall attend all meetings of committees, boards and commissions of the City. The Clerk shall record and preserve a correct record of the proceedings of such meetings. (Code of Iowa, Sec. 372.13(4))
18. The Clerk shall keep and file all communications and petitions directed to the City Council or to the City generally. The Clerk shall endorse thereon the action of the City Council taken upon matters considered in such communications and petitions. (Code of Iowa, Sec. 372.13(4))
19. The Clerk shall issue all licenses and permits approved by the City Council, and keep a record of licenses and permits issued which shall show a date of issuance, license or permit number, official receipt number, name of person to whom issued, term of license or permit, and purpose for which issued. (Code of Iowa, Sec. 372.13(4))
20. The Clerk shall inform all persons appointed by the Mayor or City Council to offices in the municipal government of their position and the time at which they shall assume the duties of their office. (Code of Iowa, Sec. 372.13(4))
21. The Clerk shall preserve a complete record of every City election, regular or special and perform duties required by law or Ordinance of the City Clerk in regard to elections. (Code of Iowa, Sec. 376.4)
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22. The Clerk shall draw all warrants/checks for the City upon the vote of the City Council. (Code of Iowa, Sec. 372.13(4))
23. The Clerk shall show on every warrant/check the fund on which it is drawn and the claim to be paid. (Code of Iowa, Sec. 372.13(4))
24. The Clerk shall keep a warrant/check record in a form approved by the City Council, showing the number, date, amount, payee’s name, upon what fund drawn, and for what claim each warrant/check is issued. (Code of Iowa, Sec. 372.13(4))
25. The Clerk shall bill and collect all charges, rents or fees due the City for utility and other services, and give a receipt therefor. (Code of Iowa, Sec. 372.13(4))
26. Annually, the Clerk shall prepare and submit to the City Council an itemized budget of revenues and expenditures. (Code of Iowa, Sec. 384.16)
27. The Clerk shall keep the record of each fund separate. (Code of Iowa, Sec. 372.13(4) and 384.85)
28. The Clerk shall keep an accurate record for all money or securities received by the Clerk on behalf of the municipality and specify date, from whom, and for what purposes received. (Code of Iowa, Sec. 372.13(4))
29. The Clerk shall prepare a receipt in duplicate for all funds received. The Clerk shall give the original to the party delivering the funds, and retain the duplicate. (Code of Iowa, Sec. 372.13(4))
30. The Clerk shall keep a separate account of all money received by the Clerk for special assessments. (Code of Iowa, Sec. 372.13(4))
31. The Clerk shall, immediately upon receipt of monies to be held in the Clerk’s custody and belonging to the City, deposit the same in banks selected by the City Council in amounts not exceeding monetary limits authorized by the City Council. (Code of Iowa, Sec. 372.13(4))
2-3-7 POWERS AND DUTIES OF THE CITY ATTORNEY
The duties of the City Attorney shall be as follows: (Code of Iowa, Sec. 372.13(4))
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1. Upon request, the City Attorney shall attend regular meetings of the City Council and attend those special meetings of the City Council at which the City Attorney is required to be present.
2. The City Attorney shall, upon request, formulate drafts for contracts, forms and other writings which may be required for the use of the City.
3. The City Attorney shall keep in proper files a record of all official opinions and a docket or register of all actions prosecuted and defined by the City Attorney accompanied by all proceedings relating to said actions.
4. The City Attorney shall, upon request, give an opinion in writing upon all questions of law relating to municipal matters submitted by the City Council, the Mayor, members of the City Council individually, municipal boards or the head of any municipal department.
5. The City Attorney shall prepare those Ordinances when the City Council may desire and direct to be prepared and report to the City Council upon all Ordinances before their final passage by the City Council and publication.
6. The City Attorney shall act as Attorney for the City in all matters affecting the City’s interest and appear on behalf of the City before any court, tribunal, commission or board. The City Attorney shall prosecute or defend all actions and proceedings when so requested by the Mayor or City Council.
7. The City Attorney shall, however, if directed by the City Council, appear to defend any municipal officer or employee in any cause of action arising out of or in the course of the performance of the duties of his or her office or employment.
8. The City Attorney shall sign the name of the City to all appeal bonds and to all other bonds or papers of any kind that may be essential to the prosecution of any cause in court, and when so signed the City shall be bound upon the same.
9. When directed or requested, the City Attorney shall make a written report to the City Council and interested department heads of the defects in all contracts, documents, authorized power of any City officer, and Ordinances submitted to said City Attorney or coming under said City Attorney’s notice.
10. The City Attorney shall, upon request, after due examination, offer a written opinion on and recommend alterations pertaining to contracts involving the City before they become binding upon the City or are published.
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2-3-8 POWERS AND DUTIES OF THE FIRE CHIEF The duties of the Fire Chief shall be as follows: (Code of Iowa, Sec. 372.13(4))
1. The Fire Chief shall be charged with the duty of maintaining the efficiency, discipline and control of the fire department. The members of the fire department shall, at all times, be subject to the direction of the Fire Chief.
2. The Fire Chief shall enforce all rules and regulations established by the City Council for the conduct of the affairs of the fire department.
3. The Fire Chief shall exercise and have full control over the disposition of all fire apparatus, tools, equipment and other property used by or belonging to the fire department.
4. The Fire Chief shall cause to be kept records of the fire department personnel, operating cost and efficiency of each element of fire fighting equipment, depreciation of all equipment and apparatus, the number of responses to alarms, their cause and location, and an analysis of losses by value, type and location of buildings.
5. The Fire Chief shall make monthly written reports on or before the fifth day of each month to the Mayor and City Council concerning the general status and efficiency of the fire department, the number of alarms answered during the month previous, and additional information that may be requested by the Mayor or the City Council. The Fire Chief shall compile an annual report based upon the records maintained by the fire department and summarizing the activities of the fire department for the year. This report shall be filed with the Mayor. The annual report shall also contain recommendations for the improvement of the department.
6. The Fire Chief shall enforce all Ordinances and, where enabled, state laws regulating the following:
a. Fire prevention.
b. Maintenance and use of fire escapes.
c. The investigation of the cause, origin and circumstances of fires.
d. The means and adequacy of exits in case of fire from halls, theatres, churches, hospitals, asylums, lodging houses, schools, factories and all other buildings in which the public congregates for any purpose.
e. The installation and maintenance of private fire alarm systems and fire extinguishing equipment.
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7. The Fire Chief shall have the right of entry into any building or premises within the Fire Chief’s jurisdiction at a reasonable time and after reasonable notice to the occupant or owner. The Fire Chief shall there conduct such investigation or inspection that the Fire Chief considers necessary in light of state law, regulations or Ordinance.
8. The Fire Chief shall make such recommendations to owners, occupants, caretakers or managers of buildings necessary to eliminate fire hazards.
9. The Fire Chief shall, at the request of the State Fire Marshal, and as provided by law, aid said Marshal in the performance of the Marshal’s duties by investigating, preventing and reporting data pertaining to fires.
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SALARIES OF MUNICIPAL OFFICERS 2-4
TITLE II POLICY AND ADMINISTRATION
CHAPTER 4 SALARIES OF MUNICIPAL OFFICERS
2-4-1 Council Member 2-4-3 Mayor Pro Tem
2-4-2 Mayor 2-4-4 Other Officers
2-4-1 COUNCIL MEMBER
The salaries of each City Council member shall be $20.00 for each meeting of the City Council attended. (Code of Iowa, Sec. 372.13(8))
2-4-2 MAYOR
The salary of the Mayor shall be $25.00 for each meeting of the City Council attended. (Code of Iowa, Sec. 372.13(8)) 2-4-3 MAYOR PRO TEM
If the Mayor Pro Tem performs the duties of the Mayor during the Mayor’s absence or disability for a continuous period of fifteen (15) days or more, the Mayor Pro Tem may be paid for that period the compensation determined by the City Council, based upon the Mayor Pro Tem’s performance of the Mayor’s duties and upon the compensation of the Mayor. (Code of Iowa, Sec. 372.13(8))
2-4-4 OTHER OFFICERS
The compensation of all other officers and employees shall be set by resolution of City Council. (Code of Iowa, Sec. 372.13(4))
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CITY FINANCE 2-5
TITLE II POLICY AND ADMINISTRATION
CHAPTER 5 CITY FINANCE
2-5-1 Budget Adoption 2-5-7 Administrative Transfers
2-5-2 Budget Amendment 2-5-8 Budget Officer
2-5-3 Budget Protest 2-5-9 Accounting
2-5-4 Accounts And Programs 2-5-10 Budget Accounts
2-5-5 Annual Report 2-5-11 Contingency Accounts
2-5-6 Council Transfers
2-5-1 BUDGET ADOPTION
Annually, the City shall prepare and adopt a budget, and shall certify taxes as follows: (Code of Iowa, Sec. 384.16)
1. A budget shall be prepared for at least the following fiscal year. When required by rules of the State City Finance Committee, a tentative budget shall be prepared for one or two ensuing years. The proposed budget shall show estimates of the following:
a. Expenditures for each program.
b. Income from sources other than property taxation.
c. Amount to be raised by property taxation, and the property tax rate expressed in dollars per one thousand dollars valuation.
The budget shall show comparisons between the estimated expenditures in each program in the following year and the actual or re-estimated expenditures in each program during the two preceding years. Wherever practicable, as provided in rules of the State City Finance Committee, a budget shall show comparisons between the levels of service provided by each program as estimated for the following year, and actual levels of service provided by each program during the two preceding years.
2. Not less than twenty (20) days before the date that the budget must be certified to the County Auditor, the Clerk shall provide a sufficient number of copies of the budget to meet reasonable demands of taxpayers, and have them available for distribution at the offices of the Mayor and Clerk and at the City library, if any, or at three places designated by Ordinance for posting notices.
3. The City Council shall set a time and place for public hearing on the budget before the final certification date and shall publish notice before the hearing as provided by Iowa law. Proof of publication shall be filed with the County Auditor.
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4. At the hearing, any resident or taxpayer of the City may present to the City Council objections to any part of the budget for the following fiscal year or arguments in favor of any part of the budget.
5. After the hearing, the City Council shall adopt a budget for at least the following fiscal year, and the Clerk shall certify the necessary tax levy for the following year to the County Auditor and the County Board of Supervisors. The tax levy certified may be less than but not more than the amount estimated in the proposed budget, unless an additional tax levy is approved at a City election. Two copies of the complete budget as adopted shall be transmitted to the County Auditor.
2-5-2 BUDGET AMENDMENT
The City budget as finally adopted for the following fiscal year becomes effective July first and constitutes the City appropriation for each program and purpose specified therein until amended. The City budget for the current fiscal year may be amended for any of the following purposes: (Code of Iowa, Sec. 384.18)
1. To permit the appropriation and expenditures of unexpended, unencumbered cash balances on hand at the end of the preceding fiscal year which had not been anticipated in the budget.
2. To permit the appropriation and expenditure of amounts anticipated to be available from sources other than property taxation, and which had not been anticipated in the budget.
3. To permit transfers from the debt service fund, the capital improvements reserve fund, the emergency fund, or other funds established by State law, to any other City fund, unless specifically prohibited by State law.
4. To permit transfers between programs within the general fund.
The budget amendment shall be prepared and adopted in the same manner as the original budget, and is subject to protest as provided in section 2-5-3 of this chapter, except that the City Finance Committee may by rule provide that amendments of certain types or up to certain amounts may be made without public hearing and without being subject to protest.
2-5-3 BUDGET PROTEST
Within a period of ten (10) days after the final date that the budget or amended budget may be certified to the County Auditor, persons affected by the budget may file a written protest with the County Auditor, specifying their objection to the budget or any part of it. A protest must be signed by qualified voters equal in number to one-fourth of one percent of the votes cast for governor in the last preceding general election in the City, but not less than ten persons, and the number need not be more than one hundred (100) persons. (Code of Iowa, Sec. 384.19)
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2-5-4 ACCOUNTS AND PROGRAMS
The City shall keep separate accounts corresponding to the programs and items in its adopted or amended budget, as recommended by the State City Finance Committee.
The City shall keep accounts which show an accurate and detailed statement of all public funds collected, received, or expended for any City purpose, by any City officer, employee, or other person, and which show the receipt, use, and disposition of all City property. Public monies may not be expended or encumbered except under an annual or continuing appropriation. (Code of Iowa, Sec. 384.20)
2-5-5 ANNUAL REPORT
Not later than December first of each year the City shall publish an annual report containing a summary for the preceding fiscal year of all collections and receipts, all accounts due the City, and all expenditures, the current public debt of the City, and the legal debt limit of the City for the current fiscal year. A copy of this report shall be furnished to the Auditor of State. (Code of Iowa, Sec. 384.22)
2-5-6 COUNCIL TRANSFERS
When the City Clerk determines that one or more appropriation accounts need added authorizations to meet required expenditures therein the City Clerk shall inform the City Council or if the City Council upon its own investigation so determines, and another account within the same programs has an appropriation in excess of foreseeable needs, or, in the case of a clear emergency or unforeseeable need, the contingency account has an unexpended appropriation which alone or with the other accounts can provide the needed appropriations, the City Council shall set forth by resolution the reductions and increases in the appropriations and the reason for such transfers. Upon the passage of the resolution and approval by the Mayor, as provided by law for resolutions, the City Clerk shall cause the transfers to be set out in full in the minutes and be included in the published proceedings of the City Council. Thereupon the Clerk, and where applicable, the City Treasurer, shall cause the appropriation to be revised upon the appropriation expenditure ledgers of the City, but in no case shall the total of the appropriation of a program be increased except for transfers from the contingency account nor shall the total appropriation for all purposes be increased except by a budget amendment made after notice and hearing as required by law for such amendments. (IAC, Sec. 545.2.4(384,388))
2-5-7 ADMINISTRATIVE TRANSFERS
The City Clerk shall have power to make transfers within a single activity between objects of expenditures within activities without prior City Council approval.
The City Clerk shall have the power to make transfers between activities, or between sub-programs without prior City Council approval to meet expenditures which exceed estimates or are unforeseen but necessary to carry out City Council directives or to maintain a necessary service and provide the required appropriation balance. When a given transfer, considering all previous transfers to or from any activity to exceed by ten percent greater or ten percent less than the original appropriation, it shall be presented to the City Council as a
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resolution including all such administrative transfers to date in the fiscal year for consideration and passage as presented, or as amended by the City Council. (IAC, Sec. 545.2.4(384,388))
2-5-8 BUDGET OFFICER
The City Clerk shall be the City Budget Officer and is responsible for preparing the budget data in cooperation with the City Council or Mayor. The City Clerk shall be responsible for carrying out the authorizations and plans in the budget as set forth in the budget, subject to City Council control and the limitations set out in this ordinance. (Code of Iowa, Sec. 372.13(4))
2-5-9 ACCOUNTING
The Clerk shall set up and maintain books of original entry to provide a chronological record of cash received and disbursed through all receipts given and warrants written, which receipts and warrants shall be pre-numbered, in accordance with modern, accepted methods, and the requirement of the state. The Clerk shall keep a general ledger controlling all cash transactions, budgetary accounts and recording unappropriated surpluses. Warrants/checks shall be signed by the City Clerk. (Code of Iowa, Sec. 384.20)
2-5-10 BUDGET ACCOUNTS
The Clerk shall set up such individual accounts to record receipts by source and expenditures by program and purpose as will provide adequate information and control for budgetary purposes as planned and approved by the City Council. Each individual account shall be maintained within its proper fund as required by City Council order or State law and shall be so kept that receipts can be immediately and directly compared with specific estimates and expenditures can be related to the appropriation which authorized it. No expenditure shall be posted except to the appropriation for the function and purpose for which the expense was incurred. (Code of Iowa, Sec. 384.20)
2-5-11 CONTINGENCY ACCOUNTS
Whenever the City Council shall have budgeted for a contingency account the Clerk shall set up in the accounting records but the Clerk shall not charge any claim to a contingency account. Said contingency accounts may be drawn upon only by City Council resolution directing a transfer to a specific purpose account within its fund and then only upon compelling evidence of an unexpected and unforeseeable need or emergency.
All administrative transfers shall be reported in writing at the next regular meeting of the City Council after being made and the facts set out in the minutes for the information of the Mayor and City Council.
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CITY ELECTIONS 2-6
TITLE II POLICY AND ADMINISTRATION
CHAPTER 6 CITY ELECTIONS
2-6-1 Purpose 2-6-5 Preparation of Petition
2-6-2 Nominating Method to be Used 2-6-6 Filing, Presumption, Withdrawals,Objections
2-6-3 Nominations by Petition 2-6-7 Persons Elected
2-6-4 Adding Name by Petition 2-6-8 Primary and Runoff Abolished
2-6-1 PURPOSE
The purpose of this chapter is to designate the method by which candidates for elective municipal offices in the City shall be nominated and elected.
2-6-2 NOMINATING METHOD TO BE USED
All candidates for elective municipal offices shall be nominated under the provisions of Chapter 45 of the Code of Iowa. (Code of Iowa, Sec.376.3)
2-6-3 NOMINATIONS BY PETITION
Nominations for elective municipal offices of the City may be made by nomination paper or papers signed by not less than ten eligible electors, residents of the City. (Code of Iowa, Sec.45.1)
2-6-4 ADDING NAME BY PETITION
The name of a candidate placed upon the ballot by any other method than by petition shall not be added by petition for the same office. (Code of Iowa, Sec.45.2)
2-6-5 PREPARATION OF PETITION
Each eligible elector shall add to the signature the elector’s residence address, and date of signing. The person whose nomination is proposed by the petition may not sign it. Before filing said petition, there shall be endorsed thereon or attached thereto an affidavit executed by the candidate, which affidavit shall contain:
1. Name and Residence. The name and residence (including street and number, if any) of said nominee, and the office to which nominated.
2. Name on Ballot. A request that the name of the nominee be printed upon the official ballot for the election.
3. Eligibility. A statement that the nominee is eligible to be a candidate for the office and if elected will qualify as such officer.
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4. Organization Statement. A statement, in the form required by Iowa law, concerning the organization of the candidate’s committee.
Such petition when so verified shall be known as a nomination paper. (Code of Iowa, Sec.45.5)
2-6-6 FILING, PRESUMPTION, WITHDRAWALS, OBJECTIONS
The time and place of filing nomination petitions, the presumption of validity thereof, the right of a candidate so nominated to withdraw and the effect of such withdrawal, and the right to object to the legal sufficiency of such petitions, or to the eligibility of the candidate, shall be governed by the appropriate provisions of Chapter 44 of the Code of Iowa.
2-6-7 PERSONS ELECTED
The candidates who receive the greatest number of votes for each office on the ballot are elected, to the extent necessary to fill the positions open.
2-6-8 PRIMARY AND RUNOFF ABOLISHED
The Council has adopted Chapters 44 and 45 of the Code of Iowa for conducting elections and in accordance with section 376.6(2), Code of Iowa, no primary or runoff election will be conducted for City offices.
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CITY COUNCIL 2-7
TITLE II POLICY AND ADMINISTRATION
CHAPTER 7 CITY COUNCIL
2-7-1 Powers and Duties
2-7-2 Exercise of Power
2-7-3 Meetings
2-7-1 POWER AND DUTIES
The powers and duties of the City Council include, but are not limited to the following:
1. General. All powers of the City are vested in the City Council except as otherwise provided by law or Ordinance. (Code of Iowa, Sec. 364.2(l))
2. Wards. By ordinance, the City Council may divide the City into wards based upon population, change the boundaries of wards, eliminate wards or create new wards. (Code of Iowa, Sec. 372.13(7))
3. Fiscal Authority. The City Council shall apportion and appropriate all funds, and audit and allow all bills, accounts, payrolls and claims, and order payment thereof. It shall make all assessments for the cost of street improvements, sidewalks, sewers and other work, improvement or repairs which may be specially assessed. (Code of Iowa, Sec. 364.2(l), 384.16 & 384.38(l))
4. Public Improvements. The City Council shall make all orders for the doing of work, or the making or construction of any improvements, bridges or buildings. (Code of Iowa, Sec. 364.2(l))
5. Contracts. The City Council shall make or authorize the making of all contracts, and no contract shall bind or be obligatory upon the City unless either made by ordinance or resolution adopted by the City Council, or reduced to writing and approved by the City Council, or expressly authorized by ordinance or resolution adopted by the City Council. (Code of Iowa, Sec. 364.2(l)) (Code of Iowa, Sec. 384.95 through 384.102)
6. Employees. The City Council shall authorize, by resolution, the number, duties, term of office and compensation of employees or officers not otherwise provided for by the State law or the Code of Ordinances. (Code of Iowa, Sec. 372.13(4))
7. Setting Compensation for Elected Officers. By ordinance, the City Council shall prescribe the compensation of the Mayor, City Council members, and other elected City officers, but a change in the compensation of the Mayor does not become effective during the term in which the change is adopted, and the City Council shall not adopt
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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 City Council members becomes effective for all City Council members at the beginning of the term of the City Council members elected at the election next following the change in compensation. (Code of Iowa, Sec. 372.13(8))
2-7-2 EXERCISE OF POWER
The City Council shall exercise a power only by the passage of a motion, a resolution, an amendment, or an ordinance in the following manner: (Code of Iowa, Sec. 364.3(l))
1. Approved Action By The City Council. Passage of an ordinance, amendment, or resolution requires an affirmative vote of not less than a majority of the City Council members. A motion to spend public funds in excess of twenty-five thousand dollars ($25,000) on any one project, or a motion to accept public improvements and facilities upon their completion also requires an affirmative vote of not less than a majority of the City Council members. Each Council member’s vote on an ordinance, amendment or resolution must be recorded. (Code of Iowa, Sec. 380.4)
2. Overriding Mayor’s Veto. Within thirty (30) days after the Mayor’s veto, the City Council may re-pass the ordinance or resolution by a vote of not less than two-thirds of the City Council members, and the ordinance or resolution becomes effective upon repassage and publication. (Code of Iowa, Sec. 380.6(2))
3. Measures Become Effective. Measures passed by the City Council, other than motions, become effective in one of the following ways:
a. If the Mayor signs the 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. (Code of Iowa, Sec. 380.6(l))
b. If the Mayor vetoes a measure and the City 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 with the measure. (Code of Iowa, Sec. 380.6(2))
c. If the Mayor takes no action on the measure, a resolution becomes effective fourteen (14) days after the date of passage and an ordinance or amendment becomes law when published, but not sooner than fourteen (14) days after the
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day of passage, unless a subsequent effective date is provided within the measure. (Code of Iowa, Sec. 380.6(3))
2-7-3 MEETINGS
1. Regular Meetings. The regular meetings of the City Council are on the first Monday of each month at 7:30 p.m. in the City Council Chambers at City Hall. If such day falls on a legal holiday or Christmas Eve, the meeting is held on such different day or time as determined by the City Council.
2. Special Meetings. Special meetings shall be held upon call of the Mayor or upon the written request of a majority of the members of the City Council submitted to the City Clerk. Notice of a special meeting shall specify the date, time, place and subject of the meeting and such notice shall be given personally or left at the usual place of residence of each member of the City Council. A record of the service of notice shall be maintained by the City Clerk. (Code of Iowa, Sec. 372.13(5))
3. Quorum. A majority of all City Council members is a quorum. (Code of Iowa, Sec. 372.13(l))
4. Rules of Procedure. The City Council shall determine its own rules and maintain records of its proceedings. (Code of Iowa, Sec. 372.13(5))
5. Compelling Attendance. Any three (3) members of the City Council can compel the attendance of the absent members at any regular, adjourned or duly called meeting, by serving a written notice upon the absent members to attend at once.
6. Notice of Meetings. The Council shall give reasonable notice, as defined by State law, of the time, date and place of each meeting, and its tentative agenda. (Code of Iowa, Sec. 21.4)
7. Meetings Open. All meetings shall be held in open session unless closed sessions are held as expressly permitted by State law. (Code of Iowa, Sec. 21.3)
8. Minutes. Minutes shall be kept of all meetings showing the date, time and place, the members present, and the action taken at each meeting. The minutes shall show the results of each vote taken and the vote of each member present shall be made public. (Code of Iowa, Sec. 21.3)
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9. Closed Session. A closed session may be held only by affirmative vote of either two thirds of the Council or all of the members present at the meeting and in accordance with Chapter 21 of the Iowa Code. (Code of Iowa, Sec. 21.5)
10. Cameras and Recorders. The public may use cameras or recording devices at any open session. (Code of Iowa, Sec. 21.7)
11. Electronic Meetings. A meeting may be conducted by electronic means only in circumstances where such a meeting in person is impossible or impractical and then only in compliance with the provisions of Chapter 21 of the Iowa Code. (Code of Iowa, Sec. 21.8)
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POLICE DEPARTMENT 2-8
TITLE II POLICY AND ADMINISTRATION
CHAPTER 8 POLICE DEPARTMENT
2-8-1 Contract Law Enforcement
2-8-1 CONTRACT LAW ENFORCEMENT
In lieu of the appointment of a Police Chief by the Mayor, the City Council may contract with the County Sheriff or any other qualified lawful entity to provide law enforcement services within the City and in such event the Sheriff or such other entity shall have and exercise the powers and duties of the Police Chief as provided herein. (Code of Iowa, Sec. 28E.30)
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POSTING 2-9
TITLE II POLICY AND ADMINISTRATION
CHAPTER 9 POSTING
2-9-1 Purpose
2-9-2 Listing; Length of Notice
2-9-3 Removing Notice Unlawful
2-9-1 PURPOSE
The City of Drakesville, Iowa has a population of two hundred (200) or less as shown by the last preceding certified federal census, and Ordinances and amendments and publications of notices of elections, hearings and other official actions may be made by posting in three public places designated by the City Council. (Code of Iowa, Sec. 362.3(2)) 2-9-2 LISTING, LENGTH OF NOTICE
The three (3) public places where Ordinances, amendments and public notices of elections, hearings and other official actions are to be displayed are:
U.S. Post Office, Quik Time/Convenience Store, and City Hall
The City Clerk is hereby directed to post all ordinances, amendments and City Council actions promptly after passage and to post all such matters not less than four (4) nor more than twenty (20) days before the date of the election, hearing or other action, or as otherwise required by State law, and to leave them so posted for not less than seven (7) days after the first date of posting. (Code of Iowa, Sec. 380.7)
2-9-3 REMOVING NOTICE, UNLAWFUL
Removal unlawful. It shall be unlawful for any person other than the city clerk to remove any public notice. Any unlawful removal of a public notice or posting shall not affect the validity of the Ordinance or action taken.
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