ELY MUNICIPAL CODE OF ORDINANCES

1-1-1 TITLE. This code of ordinances shall be known and may be cited as the Ely Municipal Code of Ordinances of 1997.

1-1-2 DEFINITIONS. The following words and phrases whenever used in the Ordinances of the City, shall be construed as defined in this section unless, from the context, a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:

1. “Alley” means a public right-of-way, other than a street, affording secondary means of access to abutting property.

2. "Business districts" means: the territory contiguous to and including a highway when fifty percent or more of the frontage thereon for a distance of three hundred feet or more is occupied by buildings in use for business.

3. "City" means the City of Ely, Iowa, or the area within the territorial limits of the City, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision;

4. "Clerk" means Clerk-Treasurer.

5. "Computation of time" means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day is Sunday or a legal holiday, that day shall be excluded.

6. "Council" means the City Council of the City. All its members or all Council persons mean the total number of Council persons provided by the City charter under the general laws of the state;

7. "County" means the County of Linn, Iowa;

8. "Fiscal Year" means July 1 to June 30.

9. "Law" denotes applicable federal law, the Constitution and statutes of the State of Iowa, the Ordinances of the City; and when appropriate, any and all rules and regulations which may be promulgated thereunder;

10. "May" confers a power;

11. “Measure” shall mean an ordinance, amendment, resolution, or motion.

12. "Month" means a calendar month;

13. "Must" states a requirement;

14. "Oath" shall be construed to include an affirmative or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "affirm" and "affirmed" shall be equivalent to the words "swear" and "sworn";

15. "Or" may be read "and" and "and" may be read "or" if the sense requires it;

16. "Ordinance" means a law of the City; however, an administrative action, order or directive, may be in the form of a resolution;

17. "Owner" applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such building or land;

18. "Park and parking" means the stopping or standing of a vehicle, except for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers.

19. "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

20. "Personal property" includes money, goods, chattels, things in action and evidences of debt.

21. “Police Chief” or “Chief of Police” means the Linn County Sheriff.

22. “Police Officer” shall mean a deputy of the Linn County Sheriff’s Department or officer assigned by the City Council .

23. "Preceding" and "following" mean next before and next after, respectively.

24. "Property" includes real and personal property.

25. “Public Property” shall mean any and all property owned by the city or held in the name of the city by any departments, commissions, or agencies within the city.

26. "Real property" includes lands, tenements and hereditaments.

27. "Residential districts" means all areas of the City not included in business districts.

28. "Shall" imposes a duty.

29. "Sidewalk" means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

30. "Stand or standing" means the halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers.

31. "State" means the State of Iowa.

32. "Stop", when required means complete cessation of movement.

33. "Stop or stopping", when prohibited, means any halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic‑control sign or signal.

34. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state;

35. "Tenant" and "occupant" applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others;

36. "Title of Office". Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the City;

37. “Traffic Control Device” means all signs, signals, markings, and devices not inconsistent with this chapter, lawfully placed or erected for the purpose of regulating, warning, or guiding traffic.

38. “Vehicle” means any vehicle in, upon, or by which any person or property is or may be transported or drawn upon a public highway, street, or alley.

39. "Written" includes printed, typewritten, mimeographed or multigraphed;

40. "Year" means a calendar year;

41. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such other as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning;

42. When an act is required by an Ordinance the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent.

1-1-3 GRAMMATICAL INTERPRETATION. The following grammatical rules shall apply in the Ordinances of the City;

1. Gender. Any gender includes the other gender;

2. Singular and Plural. The singular number includes the plural and the plural includes the singular;

3. Tenses. Words used in the present tense include the past and the future tenses and vice versa;

4. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the content and approved usage of the language.

1-1-4 PROHIBITED ACTS INCLUDE CAUSING, PERMITTING. Whenever in this Code any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. A principal is responsible for the unauthorized acts or omissions committed by an agent or employee which have been authorized by the principal.

1-1-5 CONSTRUCTION. The provisions of this Code and all proceedings under it are to be construed with a view to affect its objects and to promote justice.

1-1-6 INDEMNITY. The applicant for any permit of license under this Code of Ordinances, by making such application, assumes and agrees to pay for all injury to or death of any persons whomsoever, and all loss or damage to property whatsoever, including all costs and expenses incident thereto, however arising from or related to, directly, indirectly or remotely, the issuance of the permit or license, or the doing of anything thereunder, or the failure of such applicant, or the agents, employees or servants of such applicant, to abide by or comply with any of the provisions of this Code of Ordinances or the terms and conditions of such permit or license and such applicant, by making such application, forever agrees to indemnify the city, and its officers, agents and employees, and agrees to save them harmless from any and all claims, demands, lawsuits or liability whatsoever for any loss, damage, injury or death, including all costs and expenses incident thereto, by reason of the foregoing. This section shall apply even though acts or omission of the city, or its officers, agents and employees, may have caused or contributed to such damage, injury or death. This section shall apply even though the city, or its officers, agents and employees, may have knowledge of any act, omission or condition which caused or contributed to such loss, damage, injury or death. The provisions of this section shall be deemed to be a part of any permit or license issued under this Code of Ordinances or any other ordinance of the city whether expressly recited therein or not.

1-1-7 AMENDMENT. All Ordinances of the City Council passed thereafter shall be in the form of an addition or amendment to the Ely Municipal Code of 1997 constituting this Municipal Code, and shall include proper references to chapter and section to maintain the orderly codification of the Ordinances.

1-1-8 ALTERING CODE. It is unlawful for any person to change or amend by additions or deletions, any part or portion of the Code of Ordinances, or to insert or delete pages, or portions thereof, or to alter or tamper with the Code of Ordinances in any manner whatsoever which will cause the law of the city to be misinterpreted thereby.

1-1‑9 SEVERABILITY. If any section, provision or part of the City Code is adjudged invalid or unconstitutional, such adjudication will not affect the validity of the City Code as a whole or any section provision, or part thereof not adjudged invalid or unconstitutional.

TITLE I GENERAL PROVISIONS

CHAPTER 2 RIGHT OF ENTRY

1-2-1 Right of Entry

1-2-1 RIGHT OF ENTRY. Whenever necessary to make an inspection to enforce any Ordinance, or whenever there is reasonable cause to believe that there exists an Ordinance violation in any building or upon any premises within the jurisdiction of the City, any authorized official of the City, may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same and to perform any duty imposed upon such official by Ordinance; provided that, except in emergency situations, such official shall first give the owner and/or occupant, if they can be located after reasonable effort, twenty‑four hour written notice of the authorized official's intention to inspect. In the event the owner and/or occupant refuses entry, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

TITLE I GENERAL PROVISIONS

CHAPTER 3 PENALTY

1-3-1 General Penalty

1-3-2 Civil Penalty – Municipal Infraction

1‑3‑1 GENERAL PENALTY. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the Ordinances of Ely, Iowa, is guilty of a misdemeanor. Any person convicted of a misdemeanor under the Ordinances of Ely, Iowa shall be punished by a fine of not more than one hundred dollars, or by imprisonment not to exceed thirty days.

(Code of Iowa, Sec. 364.3(2))

1-3-2 CIVIL PENALTY - MUNICIPAL INFRACTION.

(Code of Iowa, Sec. 364.22)

1. DEFINITIONS.

a. Municipal Infraction. Except 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 Iowa Code, the doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by the Code of Ordinances City of Ely, or any Ordinance or Code herein adopted by reference, or omission or failure to perform any act or duty required by the Code of Ordinances City of Ely, or any Ordinance or Code herein adopted by reference, is a "municipal infraction" and is punishable by civil penalty as provided herein.

b. Officer. The term "officer" shall mean any employee or official authorized to enforce the Code of Ordinances of the City of Ely.

c. Repeat offense. The term "repeat offense" shall mean a recurring violation of the same section of the Code of Ordinances.

2. VIOLATIONS, PENALTIES, AND ALTERNATIVE RELIEF.

a. A municipal infraction is punishable by a civil penalty as provided in the following schedule, unless a specific schedule of civil penalties is provided for specific offenses elsewhere in this Code.

Schedule of Civil Penalties

First offense--Not more than fifty dollars ($50.00).

Second Offense--Not more than one hundred dollars ($100.00).

All other repeat offenses--Not more than two hundred dollars ($200.00).

b. Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense.

c. 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.

3. CIVIL CITATIONS.

a. Any officer authorized by the City to enforce the Code of Ordinances may issue a civil citation to a person who commits a municipal infraction.

b. The citation may be served by personal service or by certified mail, return receipt requested.

c. The original of the citation shall be sent to the Clerk of the district court.

d. The citation shall serve as notification that a civil offense has been committed and shall contain the following information:

(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.

TITLE I GENERAL PROVISIONS

CHAPTER 4 PROCEDURE FOR HEARINGS BY THE CITY COUNCIL

1-4-1 Purpose and Intent

1-4-2 General

1-4-3 Form of Notice of Hearing

1-4-4 Subpoenas

1-4-5 Conduct of Hearing

1-4-6 Method and Form of Decision

1-4-1 PURPOSE AND INTENT.

1. It is the purpose of this article to establish an orderly, efficient, and expeditious process for evidentiary hearings before the City Council.

2. The provisions of this article shall apply to a proceeding required by constitution, statute or Ordinance to be determined by the City Council after an opportunity for an evidentiary hearing.

1-4-2 GENERAL.

1. Record. A record of the entire proceedings shall be made in the written minutes. Tape recording or other means of permanent recording determined to be appropriate by the City Council may be used in addition to written minutes.

2. Reporting. The proceedings at the hearing may also be reported by a court reporter at the expense of any party.

3. Continuances. The City Council may grant continuances for good cause shown.

4. Reasonable dispatch. The City Council and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives.

1-4-3 FORM OF NOTICE OF HEARING.

The notice to parties shall be substantially in the following form, but may include other information:

"You are hereby notified that an evidentiary hearing will be held before the Ely City Council in the Council Chambers at the Ely Community Center on the ______ day of ____________, 19___, at the hour ____________, upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with the City Clerk."

1-4-4 SUBPOENAS. Filing of affidavit. The City Council may issue a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of a member of the City Council or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in the witness's possession or under the witness's control. A subpoena need not be issued when the affidavit is defective in any particular.

1-4-5 CONDUCT OF HEARING.

1. Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

2. Oral evidence. Oral evidence shall be taken only on oath or affirmation.

3. Hearsay evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.

4. Admissibility of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.

5. Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded.

6. Rights of parties. Each party shall have these rights, among others:

a. To call and examine witnesses on any matter relevant to the issues of the hearing;

b. To introduce documentary and physical evidence;

c. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

d. To impeach any witness regardless of which party first called the witness to testify;

e. To rebut the evidence against the party; and

f. To self-representation or to be represented by anyone of the party's choice who is lawfully permitted to do so.

7. Official notice.

a. What may be noticed? In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or of official records of the City or its departments and Ordinances of the City.

b. Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.

c. Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the City Council.

8. Inspection of the premises. The City Council may inspect any building or premises involved in the appeal during the course of the hearing, provided that:

a. Notice of such inspection shall be given to the parties before the inspection is made;

b. The parties are given an opportunity to be present during the inspection; and

c. The City Council shall state for the record, upon completion of the inspection, the material facts observed and the conclusions drawn there from. Each party then shall have a right to rebut or explain the matters so stated by the City Council.

1-4-6 METHOD AND FORM OF DECISION.

1. Hearings before the City Council where a contested case is heard before the City Council, no member thereof who did not hear the evidence of has not read the entire record of the proceedings shall vote on or take part in the decision. The City Council may designate a member or members to preside over the receipt of evidence. Such member or members shall prepare findings of fact for the City Council.

2. Form of decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the parties personally or sent to them by certified mail, postage prepaid, return receipt requested.

3. Effective date of decision. The effective date of the decision shall be stated therein.

TITLE II POLICY AND ADMINISTRATION

CHAPTER 1 CITY CHARTER

2-1-1 Charter 2-1-5 Term of Mayor

2-1-2 Form of Government 2-1-6 Copies on File

2-1-3 Powers and Duties 2-1-7 Corporate Limits

2-1-4 Number and Term of City Council 2-1-8 Urban Renewal Area

2-1-1 CHARTER. This chapter may be cited as the Charter of the City of Ely, Iowa.

2-1-2 FORM OF GOVERNMENT. The form of government of the City of Ely, Iowa, is the Mayor‑Council form of government.

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 Ely, Iowa.

2-1-4 NUMBER AND TERM OF CITY COUNCIL. The City Council consists of five City Council members elected at large, elected for staggered, overlapping terms of four years.

2-1-5 TERM OF MAYOR. The Mayor is elected for a term of four years.

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.

2-1-7 CORPORATE LIMITS. The corporate limits of the City of Ely are described as follows:

A. Shall be shown on the Official City Map as posted in Office of the City Clerk and marked as

“Official map of Corporate Limits”

2-1-8 URBAN RENEWAL AREA (Shall be regulated by Ordinance No. 152 Ordinance No. 167 and Ordinance 170)

TITLE II POLICY AND ADMINISTRATION

CHAPTER 2 APPOINTMENT AND QUALIFICATIONS OF

MUNICIPAL OFFICERS

2-2-1 Creation of Appointive Officers 2-2-7 Removal of Appointed Officers

2-2-2 Appointment of Officers 2-2-8 Bonds Required

2-2-3 Terms of Appointive Officers 2-2-9 Surety

2-2-4 Vacancies in Offices 2-2-10 Blanket Position Bond

2-2-5 Oaths 2-2-11 Bonds Filed

2-2-6 Resignations

2-2-1 CREATION OF APPOINTIVE OFFICERS. There are hereby created the following appointive officers: Clerk, Attorney, Water Pollution Control Superintendent/Water Superintendent, and Zoning Administrator.

2-2-2 APPOINTMENT OF OFFICERS. The Mayor shall appoint the Mayor pro tempore and the police chief. In lieu of a Police Chief, the City Council may contract for law enforcement protection on behalf of the City. All other officers shall be appointed or selected by the City Council unless otherwise provided by law or Ordinance.

The Mayor shall appoint the following officials, subject to the approval of the City Council: members of the planning and zoning commission, board of adjustment, recreation commission, and representatives of the City of Ely, Iowa, to the governing board of the College, Ely, Putnam Fire Department, and a delegate and an alternate to serve on the E911 Board, and library trustees, however, non-resident members shall be appointed by the Mayor, subject to the approval of the Linn County Board of Supervisors.

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 or until a successor is named.

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 OATHS. The oath of office shall be required and administered in accordance with the following:

1. Qualify for Office. All elected officers and the following appointed officers shall qualify for office by taking the prescribed oath:

A. City Clerk

B. Deputy City Clerk

C. Police Chief and Police Officers

2. Prescribed Oath. The prescribed oath is: “I, (name), do solemnly swear that I will support the Constitution of the United States and the Constitution of the State if Iowa, and that I will faithfully and impartially, to the best of my ability, discharge all duties of the office of (name of office) in Ely as now or hereinafter required by law.

3. Officers Empowered to Administer Oaths. The following are empowered to administer oaths and to take affirmations in any matter pertaining to the business of their respective office:

A. The Mayor.

B. The Clerk.

2-2-6 RESIGNATIONS. An elected officer who wishes to resign may do so by submitting a resignation in writing to the clerk so that it may be properly recorded and considered. A person who resigns from an elective office is not eligible for appointment to the same office during the time for which the person was elected, if during that time the compensation of the office has been increased.

2-2-7 REMOVAL OF APPOINTED OFFICERS. Except as otherwise provided by state or city law, all persons appointed to city office may be removed by the officer or body making the appointment, but every such removal shall be by written order. The order shall give the reasons, be filed in the office of the clerk, and a copy shall be sent by certified mail to the person removed, who, upon request filed with the clerk within thirty (30) days after the date of mailing the copy, shall be granted a public hearing before the council on all issues connected with the removal. The hearing shall be held within thirty (30) days after the date the request is filed, unless the person removed requests a later date.

2-2-8 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.

2-2-9 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.

2-2-10 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.

2-2-11 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.

TITLE II POLICY AND ADMINISTRATION

CHAPTER 3 POWERS AND DUTIES OF

MUNICIPAL OFFICERS

2-3-1 General Duties 2-3-8 Powers and Duties of the Clerk

2-3-2 Books and Records 2-3-9 Powers and Duties of the Police Chief

2-3-3 Deposits of Municipal Funds 2-3-10 Powers and Duties of the City Attorney

2-3-4 Transfer of Records and Property 2-3-11 Powers and Duties of the Water Pollution

to Successor Control Superintendent/Water Superintendent

2-3-5 Conflict of Interest 2-3-12 Powers and Duties of the City Sewage System

2-3-6 Unlawful Use of City Property Superintendent

2-3-7 Powers and Duties of the Mayor 2-3-13 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.

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.

2-3-3 DEPOSITS OF MUNICIPAL FUNDS. As funds are received or become available, departmental funds shall be transmitted to the City Clerk in a timely manner. Such funds shall be taken 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 CONFLICT OF INTEREST. A city officer or employee shall not have an interest, direct or indirect, in any contract or job of work or material or the profits thereof or services to be furnished or performed for the city, unless expressly permitted by law. A contract entered into in violation of this section is void. The provisions of this section do not apply to:

1. The payment of lawful compensation of a city officer or employee holding more than one city office or position, the holding of which is not incompatible with another public office or is not prohibited by law.

2. The designation of a bank or trust company as a depository, paying agent, or for investment of funds.

3. An employee of a bank or trust company who serves as treasurer of the city.

4. Contracts in which a city officer or employee has an interest solely by reason of employment, or a stock interest of the kind described in subsection 8 of this section, or both, of the contracts are made by competitive bid, publicly invited and opened, and if the remuneration of employment will not be directly affected as a result of the contract and the duties of employment do not directly involve the procurement or preparation of any part of the contract. The competitive bid requirement of this subsection shall not be required or any contract for professional services not customarily awarded by competitive bid.

5. The designation of an official newspaper.

6. A contract in which a city officer or employee has an interest if the contract was made before the time he was elected or appointed, but the contract may not be renewed.

7. Contracts with volunteer fire fighters or civil defense volunteers.

8. A contract with a corporation in which a city officer or employee has an interest by reason of stock holdings when less than five (5) percent of the outstanding stock of the corporation is owned or controlled directly or indirectly by the officer or employee of the spouse or immediate family of such officer of employee.

9. A contract made by competitive bid, publicly invited and opened, in which a member of a city board of trustees, commission, or administrative agency has an interest if the member is not authorized by law to participate in the awarding of the contract. The competitive bid requirement of this subsection does not apply to any contract for professional services not customarily awarded by competitive bid.

10. Contracts made by a city upon competitive bid in writing, publicly invited and opened.

11. Contracts not otherwise permitted by this section for the purchase of goods or services, which benefit a city officer or employee, if the purchases benefiting that officer or employee do not exceed a cumulative total purchase price of $2,500 in a fiscal year.

UNLAWFUL USE OF CITY PROPERTY. No person shall use or permit any other person to use the

property owned by the city for any private purpose and for personal gain, to the detriment of the city.

2-3-7 POWERS AND DUTIES OF THE MAYOR. The duties of the Mayor shall be as follows:

1. In coordination with the Clerk/Administrator, the Mayor shall have the power to examine all functions records, and special reports from department heads.

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.

3. The Mayor may sign, veto, or take no action on an Ordinance, amendment or resolution passed by the City Council. If the Mayor vetoes a measure, the Mayor must explain in writing the reason for such veto to the City Council. The City Council may repass a measure over the Mayor's veto by a two-thirds majority of the City Council members, if said action is taken within thirty days of the veto.

4. The Mayor may represent the City in 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. 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 employ or discharge from employment officers or employees that the Mayor has the power to appoint, employ or discharge. The Mayor pro tempore shall have the right to vote as a member of the City Council.

If the Mayor pro tempore performs the duties of the Mayor during his absence or disability for a continuous period of fifteen (15) days or more, the mayor pro tempore may be paid for that period such compensation as determined by the City Council, based upon his performance of the mayor’s duties and upon the compensation of the mayor.

8. The Mayor shall designate, with the consent of the City Council, from among the members of the City Council, except for the Mayor pro tempore, Council members to coordinate with the Clerk/Administrator a report for streets, finances, public safety, and public works as set forth in Chapter 9 of Title II.

9. The Mayor may, upon order of the City Council, and with the knowledge of the Clerk/Administrator, 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 may sign 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 may 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, with the knowledge of the Clerk/Administrator, may 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 appropriate city official or agency.

13. The Mayor is not a member of the Council and may not vote as a member of the Council.

(Ord. No. 173 of 6/9/2003)

2-3-8 POWERS AND DUTIES OF THE CLERK/ADMINISTRATOR. The duties of the Clerk/Administrator shall be as follows:

1. The Clerk/Administrator 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.

2. The Clerk/Administrator 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.

3. The Clerk/Administrator shall cause to be published or posted 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 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/Administrator shall authenticate all such measures, except motions, with said Clerk/Administrator's signature, certifying the time and place of publication or posting when required.

4. The Clerk/Administrator shall maintain copies of all effective City Ordinances and codes for public use.

5. The Clerk/Administrator shall publish or post notice of public hearings, elections and other official actions as required by State and City law.

6. The Clerk/Administrator 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.

7. The Clerk/Administrator shall be the chief finance and accounting officer of the City.

8. The Clerk/Administrator 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.

9. Following City Council adoption for the budget, the Clerk/Administrator shall certify the necessary tax levy for the following year to the County Auditor and the County Board of Supervisors.

10. The Clerk/Administrator 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/Administrator shall balance all funds with the bank statement at the end of each month.

12. The Clerk/Administrator 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.

13. The Clerk/Administrator shall maintain all City records as required by law.

14. The Clerk/Administrator 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.

15. The Clerk/Administrator 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/Administrator shall furnish upon request to any municipal officer a copy of any record, paper or public document under the Clerk/Administrator's control when it may be necessary to such officer in the discharge of the Clerk/Administrator's duty. The Clerk/Administrator shall furnish a copy to any citizen when requested upon payment of the fee set by City Council resolution. The Clerk/Administrator shall, under the direction of the Mayor or other authorized officer, affix the seal of the corporation to those public documents or instruments that by Ordinance are required to be attested by the affixing of the seal.

17. The Clerk/Administrator may attend all meetings of committees, boards and commissions of the City. The Clerk/Administrator shall preserve a correct record of the proceedings of such meetings.

18. The Clerk/Administrator shall keep and file all communications and petitions directed to the City Council or to the City generally. The Clerk/Administrator shall endorse thereon the action of the City Council taken upon matters considered in such communications and petitions.

19. The Clerk/Administrator 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. The Clerk/Administrator may sign permits as authorized by the Mayor or City Council as allowed under law or Ordinance.

20. The Clerk/Administrator 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.

21. The Clerk/Administrator shall preserve a complete record of every City election, regular or special and perform duties required by law or Ordinance of the City Clerk/Administrator in regard to elections.

22. The Clerk/Administrator shall draw all warrants/checks for the City upon the vote of the City Council.

23. The Clerk/Administrator shall show on every warrant/check the fund on which it is drawn and the claim to be paid.

24. The Clerk/Administrator 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.

25. The Clerk/Administrator shall bill and collect all charges, rents or fees due the City for utility and other services, and give a receipt therefor.

26. Monthly, the Clerk/Administrator shall prepare and submit to the City Council an itemized report of revenues and expenditures.

27. The Clerk/Administrator shall keep the record of each fund separate. At a minimum, the funds shall include the general, road use, debt service, and enterprise funds.

28. The Clerk/Administrator shall keep an accurate record for all money or securities received by the Clerk/Administrator on behalf of the municipality and specify date, from whom, and for what purposes received.

29. The Clerk/Administrator shall prepare a receipt in duplicate for all funds received. The Clerk/Administrator shall give the original to the party delivering the funds, and retain the duplicate.

30. The Clerk/Administrator shall keep a separate account of all money received by the Clerk/Administrator for special assessments.

31. The Clerk/Administrator shall, immediately upon receipt of monies to be held in the Clerk/Administrator'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.

32. Clerk/Administrator shall supervise all departments of the City and give direction to department heads concerning the functions of the departments.

33. The Clerk/Administrator may represent the City in negotiations properly entered into in accordance with law or Ordinance.

34. The Clerk/Administrator shall make oral or written reports to the City Council at the first meeting of every month. These reports shall concern municipal affairs generally, the municipal departments and recommendations suitable for City Council action.

35. The Clerk/Administrator may research and submit proposals to the City Council for such specialized and professional services not already available to the City. In securing these services, the Clerk/Administrator shall conduct said duties in accordance with the City Ordinance and the laws of the State of Iowa.

36. The Clerk/Administrator may 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.

37. Upon authorization of the City Council and with the knowledge of the Mayor, the Clerk/Administrator may 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.

38. The Clerk/Administrator, with the knowledge of the Mayor, may 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 appropriate city official or agency.

39. The Clerk/Administrator shall review all City personnel annually and make recommendations on wages and other personnel matters to the City Council. (Ord. No. 173 of 6/9/2003)

2-3-9 POWERS AND DUTIES OF THE POLICE CHIEF. The duties of the Police Chief shall be as follows:

1. The Police Chief shall wear upon the Police Chief's outer garment and in plain view a metal badge engraved with the name of the Police Chief's office, and such uniform as may be specified by the City Council.

2. The Police Chief shall assist the City Attorney in prosecuting any persons for the violation of an Ordinance by gathering all the facts and circumstances surrounding the case.

3. The Police Chief shall be sergeant‑at‑arms of the Council chamber when requested by the City Council.

4. The Police Chief shall report to the City Council upon activities as Police Chief when requested.

5. The Police Chief shall protect the rights of persons and property, preserve order at all public gatherings, prevent and abate nuisances, and protect persons against every manner of unlawful disorder and offense.

6. The Police Chief shall have charge of the City jail when such is provided and of all persons held therein. The Police Chief shall execute all orders of the court referring to the jail. The Police Chief shall feed and shelter persons jailed in the usual manner and as required by law. When no City jail is provided, the Police Chief shall make arrangements to convey any persons requiring detention to the County jail as provided by law and agreements with the County.

7. The Police Chief shall, whenever any person is bound over to the district court, convey the prisoner to the County jail.

8. The Police Chief shall execute all lawful orders of any board or commission established by the City Council.

9. The Police Chief shall be in command of all officers appointed for police work and be responsible for the care, maintenance and use of all vehicles and equipment for the department.

10. The Police Chief may appoint one or more assistant Police Chiefs, who may perform the Police Chief's duties and who shall be members of the police force.

11. The Police Chief shall make such rules, not in conflict with the provisions of this Ordinance, as needed for the detailed operation of the police department, subject to the approval of the City Council. Such rules shall cover off‑duty and on‑duty conduct and activity of members, the wearing and care of the uniform, the use and practice with side arms and other police weapons, the use of police radio and other communications, attendance at training meetings and such other matters as the Police Chief determines to be necessary for the operation of the police department. The Police Chief shall see that the discipline and conduct of the department conforms to rules of the department. In the event of an emergency the Police Chief may make temporary rules for the protection of the system until due consideration by the City Council may be had.

12. The Police Chief shall, when requested, aid other municipal officers in the execution of their official duties.

13. The Police Chief shall report all motor vehicle accidents the police department investigates in the regular course of duty to the Iowa Department of Public Safety as provided by law.

14. The Police Chief shall keep a record of all arrests made in the City by police officers. The Police Chief shall record whether said arrest was made under provisions of the laws of the State of Iowa or Ordinances of the City. The record shall show the offense for which arrest was made, who made the arrest, and the disposition made of the charge.

At least every year the Police Chief shall review and determine the current status of all Iowa arrests reported, which are at least one year old with no disposition data. Any Iowa arrest recorded within a computer data storage system which has no disposition data after four years shall be removed unless there is an outstanding arrest warrant or detainer on such charge.

15. In lieu of a Police Chief, and provided the City has entered into a contract with the Linn County Sheriff’s Department for law enforcement protection, the Linn County Sheriff shall assume the powers and duties specified herein for the Police Chief. Said powers and duties shall be executed by the Sheriff or the Sheriff’s designee.

2‑3‑10 POWERS AND DUTIES OF THE CITY ATTORNEY. The duties of the City Attorney shall be as follows:

1. The City Attorney shall attend every regular meeting when requested of the City Council and attend those special meetings of the City Council at which the City Attorney is requested 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, or City Clerk.

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 not appear on behalf of any municipal office or employee before any court or tribunal for the purely private benefit of said officer or employee. 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. 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.

2‑3‑11 POWERS AND DUTIES OF THE WATER POLLUTION CONTROL SUPERINTENDENT/WATER SUPERINTENDENT. The duties of the superintendent of public utilities shall be as follows:

1. The Superintendent shall be responsible for the management, operation and maintenance of sewer and water utilities.

2. The Superintendent shall keep records of the plants and equipment, and a continuous up‑to‑date inventory of all goods and supplies. The Superintendent shall keep all other records ordered to be kept by the Mayor in addition to those provided for by law or Ordinance.

3. The Superintendent shall make a report periodically in writing to the Mayor and City Council on the present state of the public utilities. In this report shall be specifically stated the production and the general condition of the entire utilities enterprise. The Superintendent shall, at the close of every year, compile (or cause to be compiled) a written annual report of the activities and general condition of the public utilities of the City. This report shall contain a statement of the general progress and accomplishments of the plants and systems for the year covered in the report; a statement of financial operations for the year showing revenues and expenditures; a summary of the history of the financial operations of the plant showing total revenue, cost of operations, depreciation, interest on bonds and net profits; a statement of free services rendered to the municipality during the year and their estimated cash value; a statement of the rate schedules that are presently in effect; and a balance sheet with a statement of all assets, liabilities and reserves.

4. In lieu of a Superintendent, the Council may enter into a contract with a person or firm duly qualified to execute the above powers and duties.

2-3-12 POWERS AND DUTIES OF THE SUPERINTENDENT. The superintendent of the city sewage system shall be appointed by the council and exercise the following powers and duties:

1. Operation and Maintenance. He shall operate and maintain the city sewage system.

2. Inspection and Tests. He shall conduct necessary inspections and tests to assure compliance with the provisions of this chapter.

3. Records. He shall maintain a complete and accurate record of all sewers, sewage connections and manholes constructed showing the location and grades thereof.

4. In lieu of a Superintendent, the Council may enter into a contract with a person or firm duly qualified to execute the above powers and duties.

2‑3‑13 POWERS AND DUTIES OF THE FIRE CHIEF. Reserved.

TITLE II POLICY AND ADMINISTRATION

CHAPTER 4 SALARIES OF MUNICIPAL OFFICERS

2-4-1 Council Member 2-4-3 Other Officers

2-4-2 Mayor

2‑4‑1 COUNCIL MEMBER. The salaries of each City Council member shall be $25.00 for each meeting of the City Council. (Changed by Ord. No. 172 of 4/14/03-to be effective 1/1/04)

2‑4‑2 MAYOR. The Mayor shall receive an annual salary of $2,000.00 to be paid in equal quarterly installments. (Changed by Ord. No. 172 of 4/14/03-to be effective 1/1/04)

2‑4‑3 OTHER OFFICERS. The compensation of all other officers and employees shall be set by resolution of City Council.

TITLE II POLICY AND ADMINISTRATION

CHAPTER 5 CITY FINANCE

2-5-1 Budget Adoption 2-5-9 Expenditures

2-5-2 Budget Amendment 2-5-10 Authorizations to Expend

2-5-3 Budget Protest 2-5-11 Accounting

2-5-4 Accounts and Programs 2-5-12 Budget Accounts

2-5-5 Annual Report 2-5-13 Immediate Payment Authorized

2-5-6 Council Transfers 2-5-14 Contingency Accounts

2-5-7 Administrative Transfers 2-5-15 Unauthorized Expenditure

2-5-8 Budget Officer

2‑5‑1 BUDGET ADOPTION. Annually, the City shall prepare and adopt a budget, and shall certify taxes as follows:

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 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 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 in Iowa law. Proof of publication shall be filed with the County Auditor.

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:

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 program area, 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 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.

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.

1. Petty Cash Fund. The finance officer shall be custodian of a petty cash fund not to exceed fifty dollars ($50.00) for the payment of small claims for minor purchases, collect on delivery transportation charges and small fees customarily paid at the time of rendering a service for which payments the clerk shall obtain some form of receipt or bill acknowledged as paid by the vendor or his agent. At such time as the petty cash fund is approaching depletion the clerk shall draw a check for replenishment in the amount of the accumulated expenditures and said check and supporting detail shall be submitted to the Council as a claim in the usual manner for claims and charged to the proper funds and accounts. It shall not be used or salary payments or other personal services or personal expenses. No petty cash fund of any city department shall exceed fifty dollars ($50.00).

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.

2-5-6 COUNCIL TRANSFERS. Reserved.

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. Such transfers shall not exceed 10% at any one time of the activity's annual appropriation which is increased or decreased. However, 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 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.

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.

2‑5‑9 EXPENDITURES. No expenditure shall be authorized by any City officer or employee except as herein provided. All purchases of services, supplies and equipment shall be made only after issuance of a purchase order and no invoice shall be accepted unless authorized by such an order. Purchases may be made by those officials authorized by the City Council but only on issuance of a spot purchase order in writing signed by the authorized officer. A copy of such spot purchase order must be delivered to the Clerk within seventy-two (72) hours, weekends, and holidays excepted. All other purchases shall be valid only if a purchase order has been given in writing and signed by the Clerk. Purchases from petty cash shall be excepted.

2‑5‑10 AUTHORIZATIONS TO EXPEND. All purchase orders other than those excepted herein shall be authorized by the City budget officer after determining whether the purchase, if a major item, has been authorized by the budget or other City Council approval. The Clerk shall then determine whether a purchase order may be issued by checking the availability of an appropriation sufficient to pay for such a purchase. A purchase order may be issued only if there is an appropriation sufficient for the purchase and for other anticipated or budgeted purposes. If no adequate appropriation is available for the expenditure contemplated the Clerk shall not issue a purchase order until a budget amendment to transfer of appropriation is made in accordance with power delegated by City Council and within the limits set by law and the City Council. The Clerk shall draw a warrant/check only upon an invoice received, or progress billing for a public improvement, supported by a purchase order and a signed receipt or other certification indicating the material has been delivered of the quality and in the quantities indicated or the services have been performed satisfactorily to the extent invoiced.

2‑5‑11 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 prenumbered, 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 may be signed by the City Clerk and Mayor.

2‑5‑12 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.

2-5-13 IMMEDIATE PAYMENT AUTHORIZED. The Council may be resolution authorize the clerk to issue checks for immediate payment of amounts due which if not paid promptly would result in loss of discount, penalty for late payment or additional interest cost. Any such payments made shall be reported to the council for review and approval with and in the same manner as other claims at the next meeting following such payment. The resolution authorizing immediate payment shall specify the type of payment so authorized and may include but is not limited to payment of utility bills, contractual obligations, payroll and bond principal and interest.

2‑5‑14 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.

2-5-15 UNAUTHORIZED EXPENDITURE. No city official or employee, or any person acting under color of such office or employment, shall knowingly make any contract or authorize any expenditure known by him or her to be in excess of that authorized by law.

TITLE II POLICY AND ADMINISTRATION

CHAPTER 6 POSTING

2-6-1 Purpose 2-6-3 Removing Notice Unlawful

2-6-2 Listing; Length of Notice 2-6-4 Time

2-6-1 PURPOSE. The City of Ely, Iowa has no newspaper published within the corporate limits of the City, and publications of notice of elections, Ordinances and amendments may be made by posting in three public places which have been permanently designated by Ordinance.

2-6-2 LISTING, LENGTH OF NOTICE. The three public places where public notice of Ordinances and other matters permitted to be posted are to be displayed are:

Solon State Bank - Ely

Ely Post Office

Ely Community Center (City Hall)

The City Clerk is hereby directed to promptly post notices of elections, Ordinances, and amendments, and to leave them so posted for not less than ten days after the first date of posting, and the City Clerk shall note the first date of such posting on the official copy of the Ordinance and in the official Ordinance book immediately following the Ordinance. For Ordinances and other matters requiring publication, the City Council shall annually designate by resolution a newspaper of general circulation.

2-6-3 REMOVING NOTICE, UNLAWFUL. Any unlawful removal of a public notice or posting shall not affect the validity of the Ordinance or action taken.

2-6-4 TIME. If notice of an election, hearing, or other official action is required by the city code or law, the notice must be published at least once, not less than four (4) nor more than twenty (20) days before the date of the election, hearing or other action, unless otherwise provided by law.

TITLE II POLICY AND ADMINISTRATION

CHAPTER 7 CITY ELECTIONS

2-7-1 Purpose 2-7-6 Filing, Presumption, Withdrawals,

2-7-2 Nominating Method to be Used Objections

2-7-3 Nominations by Petition 2-7-7 Persons Elected

2-7-4 Adding Name by Petition 2-7-8 Primary and Runoff Abolished

2-7-5 Preparation of Petition

2-7-1 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.

2-7-2 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.

2-7-3 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.

2-7-4 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.

2-7-5 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.

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.

2-7-6 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.

2-7-7 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.

2-7-8 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.

TITLE II POLICY AND ADMINISTRATION

CHAPTER 8 POLICE DEPARTMENT

2-8-1 Department Established 2-8-7 Police Chief; Duties

2-8-2 Organization 2-8-8 Departmental Rules

2-8-3 Peace Officer Qualifications 2-8-9 Summoning Aid

2-8-4 Required Training 2-8-10 Taking Weapons

2-8-5 Compensation 2-8-11 Contract Law Enforcement

2-8-6 Peace Officers Appointed

2-8-1 DEPARTMENT ESTABLISHED. The Police Department of the City is established to provide for the preservation of peace and enforcement of law and ordinances within the corporate limits of the City.

2-8-2 ORGANIZATION. The department consists of the Police Chief and such other law enforcement officers and personnel, whether full or part-time, as may be authorized by the City Council.

2-8-3 PEACE OFFICER QUALIFICATIONS. In no case shall any person be selected or appointed as a law enforcement officer unless such person meets the minimum qualification standards established by the Iowa Law Enforcement Academy.

2-8-4 REQUIRED TRAINING. All peace officers shall have received the minimum training required by law at an approved law enforcement training school within one year of employment. Peace officers shall also meet the minimum in-service training as required by law.

2-8-5 COMPENSATION. Members of the department are designated by rank and receive such compensation as shall be determined by resolution of the City Council.

2-8-6 PEACE OFFICERS APPOINTED. The Mayor shall appoint the Police Chief and the Police Chief shall appoint, subject to the approval of the Mayor, the other members of the department.

2-8-7 POLICE CHIEF; DUTIES. The Police Chief has the following powers and duties subject to the approval of the City Council.

1. General. Perform all duties required of the Police Chief by law or ordinance.

2. Enforce Laws. Enforce all laws, ordinances and regulations and bring all persons committing any offense before the proper court.

3. Writs. Execute and return all writs and other processes directed to the Police Chief.

4. Accident Reports. Report all motor vehicle accidents investigated to the State Department of Transportation.

5. Prisoners. Be responsible for the custody of prisoners, including conveyance to detention facilities as may be required.

6. Assist Officials. When requested, provide aid to other City officers, boards and commissions in the execution of their official duties.

7. Investigations. Provide for such investigation as may be necessary for the prosecution of any person alleged to have violated any law or ordinance.

8. Record of Arrests. Keep a record of all arrests made in the City by showing whether said arrests were made under provisions of State law or City ordinance, the offense charged, who made the arrest and the disposition of the charge.

9. Reports. Compile and submit to the Mayor and City Council an annual report as well as such other reports as may be requested by the Mayor or City Council.

10. Command. Be in command of all officers appointed for police work and be responsible for the care, maintenance and use of all vehicles, equipment and materials of the department.

2-8-8 DEPARTMENTAL RULES. The Police Chief shall establish such rules, not in conflict with the Code of Ordinances, and subject to the approval of the City Council, as may be necessary for the operation of the department.

2-8-9 SUMMONING AID. Any peace officer making a legal arrest may orally summon as many persons as the officer reasonably finds necessary to aid the officer in making the arrest.

2-8-10 TAKING WEAPONS. Any person who makes an arrest may take from the person arrested all items which are capable of causing bodily harm which the arrested person may have within such person's control to be disposed of according to law.

2-8-11 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.

TITLE II POLICY AND ADMINISTRATION

CHAPTER 9 CITY COUNCIL

2-9-1 Powers and Duties 2-9-3 Meetings

2-9-2 Exercise of Power

2-9-1 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.

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.

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.

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.

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.

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.

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 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.

8. At the beginning of the terms of office for the members of the City Council, the Mayor, with the consent of the City Council, shall designate from among the members of the City Council, except for the Mayor pro tempore, Council members to report on streets, finances, public safety, and public works. The provisions of this chapter shall not be interpreted to modify, restrict or hamper the powers, duties and authority of the City Council or the Mayor, as chief executive officer of the city, as set forth in other provisions of the city code pertaining to street, finance, public safety and public works. (Ord. No. 173 of 6/3/2003)

2-9-2 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:

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 ten thousand dollars ($10,000) 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.

2. Overriding Mayor's Veto. Within thirty (30) days after the Mayor's veto, the City Council may repass 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.

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.

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.

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 day of passage, unless a subsequent effective date is provided within the measure.

2-9-3 MEETINGS. Procedures for giving notice of meetings of the City Council and other provisions regarding the conduct of City Council meetings are contained in Section 5.06 of this Code of Ordinances.

Additional particulars relating to City Council meetings are the following:

1. Regular Meetings. The regular meetings of the City Council shall be set by Resolution of 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/Administrator. 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. The City Clerk/Administrator shall maintain a record of the service of notice. Anyone requesting a special meeting of the City Council, shall do so in writing. Requests for a special meeting of the Council by the general public shall be denied if made within ten (10) days of a regularly scheduled Council meeting.

3. Quorum. A majority of all City Council members is a quorum.

4. Rules of Procedure. The City Council shall determine its own rules and maintain records of its proceedings.

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.

Open Meetings. All meetings shall be held in accordance with the provisions of Chapter 21, Code of Iowa -- Official Meetings Open to Public. (Ord. No. 173 of 6/9/2003)

TITLE II POLICY AND ADMINISTRATION

CHAPTER 10

DISASTER RECOVERY AND RECONSTRUCTION