1.01    TITLE. This code of ordinances shall be known and may be cited as the Code of
Ordinances of the City of Cherokee, Iowa, 2000.

1.02    DEFINITIONS. Where words and phrases used in this Code of Ordinances are defined
by State law, such definitions apply to their use in this Code of Ordinances and are adopted by
reference. Those definitions so adopted that need further definition or are reiterated, and other
words and phrases used herein, have the following meanings, unless specifically defined
otherwise in another portion of this Code of Ordinances:

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

2. "City" means the City of Cherokee, Iowa.

3. "Clerk" means the City Clerk-Treasurer of Cherokee, Iowa.

4. "Code" means the specific chapter of this Code of Ordinances in which a specific subject is covered and bears a descriptive title word (such as the Building Code and/or a standard code adopted by reference).

5. "Code of Ordinances" means the Code of Ordinances of the City of Cherokee, Iowa, 2000.

6. "Council" means the city council of Cherokee, Iowa.

7. "County" means Cherokee County, Iowa.

8. "Measure" means an ordinance, amendment, resolution or motion.

9. "Month" means a calendar month.

10. "Oath" means an affirmation in all cases in which by law an affirmation may be substituted for an oath, and in such cases the words "affirm" and "affirmed" are equivalent to the words "swear" and "sworn."

11. "Occupant" or "tenant," applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.

12. "Ordinances" means the ordinances of the City of Cherokee, Iowa, as embodied in this Code of Ordinances, ordinances not repealed by the ordinance adopting this Code of Ordinances, and those enacted hereafter.

13. "Person" means an individual, firm, partnership, domestic or foreign corporation, company, association or joint stock association, trust, or other legal entity, and includes a trustee, receiver, assignee, or similar representative thereof, but does not include a governmental body.

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

15. "Property" includes real property, and tangible and intangible personal property unless clearly indicated otherwise.

16. "Property owner" means a person owning private property in the City as shown by the County Auditor’s plats of the City.

17. "Public place" includes in its meaning, but is not restricted to, any City-owned open place, such as parks and squares.

18. "Public property" means any and all property owned by the City or held in the name of the City by any of the departments, commissions or agencies within the City government.

19. "Public way" includes any street, alley, boulevard, parkway, highway, sidewalk, or other public thoroughfare.

20. "Sidewalk" means that surfaced portion of the street between the edge of the traveled way, surfacing, or curb line and the adjacent property line, intended for the use of pedestrians.

21. "State" means the State of Iowa.

22. "Statutes" or "laws" means the latest edition of the Code of Iowa, as amended.

23. "Street" or "highway" means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic.

24. "Writing" and "written" include printing, typing, lithographing, or other mode of representing words and letters.

25. "Year" means a calendar year.

1.03    CITY POWERS. The City may, except as expressly limited by the Iowa Constitution, and
if not inconsistent with the laws of the Iowa General Assembly, exercise any power and perform
any function it deems appropriate to protect and preserve the rights, privileges and property of
the City and of its residents, and preserve and improve the peace, safety, health, welfare, comfort
and convenience of its residents and each and every provision of this Code of Ordinances shall
be deemed to be in the exercise of the foregoing powers and the performance of the foregoing
functions.

1.04    INDEMNITY. The applicant for any permit or license under this Code of Ordinances, by
making such application, assumes and agrees to pay for all injury to or death of any person or
persons whomsoever, and all loss of 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. 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.

1.05    PERSONAL INJURIES. When action is brought against the City for personal injuries alleged
to have been caused by its negligence, the City may notify in writing any person by whose
negligence it claims the injury was caused. The notice shall state the pendency of the action,
the name of the plaintiff, the name and location of the court where the action is pending, a
brief statement of the alleged facts from which the cause arose, that the City believes that the
person notified is liable to it for any judgment rendered against the City, and asking the person
to appear and defend. A judgment obtained in the suit is conclusive in any action by the City
against any person so notified, as to the existence of the defect or other cause of the injury or
damage, as to the liability of the City to the plaintiff in the first named action, and as to the
amount of the damage or injury. The City may maintain an action against the person notified
to recover the amount of the judgment together with all the expenses incurred by the City in
the suit.

1.06    RULES OF CONSTRUCTION. In the construction of the Code of Ordinances the following
rules shall be observed, unless such construction would be inconsistent with the manifest intent
of the Council or repugnant to the context of the provisions.

1. Verb Tense and Plurals. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular.

2. May. The word "may" confers a power.

3. Must. The word "must" states a requirement.

4. Shall. The word "shall" imposes a duty.

5. Gender. The masculine gender includes the feminine and neuter genders.

6. Interpretation. All general provisions, terms, phrases, and expressions contained in the Code of Ordinances shall be liberally construed in order that the true intent and meaning of the Council may be fully carried out.

7. Extension of Authority. Whenever an officer or employee is required or authorized to do an act by a provision of the Code of Ordinances, the provision shall be construed as authorizing performance by a regular assistant, subordinate or a duly authorized designee of said officer or employee.

1.07    AMENDMENTS. All ordinances which amend, repeal or in any manner affect this Code of
Ordinances shall include proper reference to chapter, section, subsection or paragraph to maintain
an orderly codification of ordinances of the City.

1.08    CATCHLINES AND NOTES. The catchlines of the several sections of the Code of Ordinances,
titles, headings (chapter, section and subsection), editor’s notes, cross references and State law
references, unless set out in the body of the section itself, contained in the Code of Ordinances,
do not constitute any part of the law, and are intended merely to indicate, explain, supplement
or clarify the contents of a section.

1.09    ALTERING CODE. It is unlawful for any unauthorized 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 misrepresented thereby.

1.10    STANDARD PENALTY. Unless another penalty is expressly provided by the Code of
Ordinances for any particular provision, section or chapter, any person failing to perform a duty,
or obtain a license required by, or violating any provision of the Code of Ordinances, or any rule
or regulation adopted herein by reference shall, upon conviction, be subject to a fine of not more
than five hundred dollars ($500.00) or imprisonment not to exceed thirty (30) days.

1.11    SEVERABILITY. If any section, provision or part of the Code of Ordinances is adjudged
invalid or unconstitutional, such adjudication will not affect the validity of the Code of Ordinances
as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

2.01    TITLE. This chapter may be cited as the charter of the City of Cherokee, Iowa.

2.02    FORM OF GOVERNMENT. The form of government of the City is the Mayor-Council form
of government.

2.03    POWERS AND DUTIES. The 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.

2.04    NUMBER AND TERM OF COUNCIL. The Council consists of two (2) Council Members
elected at large and one (1) Council Member from each of three (3) wards as established by
this Code of Ordinances, elected for terms of four (4) years.

2.05    TERM OF MAYOR. The Mayor is elected for a term of four (4) years.

2.06    COPIES ON FILE. The Clerk shall keep an official copy of the charter on file with the
official records of the Clerk and the Secretary of State, and shall keep copies of the charter
available at the Clerk’s office for public inspection.

EDITOR'S NOTE

 

Ordinance No. 572 adopting a charter for the City was passed and approved by the Council on March 27, 1973, and published in the Cherokee Daily Times.

° ° ° ° ° ° ° ° ° °

3.01    CORPORATE LIMITS. The corporate limits of the City are described as follows:

Beginning at the Northeast (NE) Corner of Section 26, Township 92 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa; thence West along the North Line of said Section 26 to a point on the Southerly right-of-way line of State Highway No. 3; thence 260.50 feet Northwesterly along a 11,460 foot radius concave Southwesterly, having a 260.50 foot chord bearing N 58º48'08" W, along the Southerly right-of-way line of State Highway No. 3; thence N 59º23' W 378.95 feet along the Southerly right-of-way line of State Highway No. 3 to a point on the Easterly right-of-way line of the Chicago, Central & Pacific Railroad Company; thence S 32º12' W 386.95 feet along the Easterly right-of-way line of the Chicago, Central & Pacific Railroad Company to a point on the North Line of the Northwest Quarter (NW 1/4) of said Section 26; thence West along the North Line of the Northwest Quarter (NW 1/4) of said Section 26 to a point 927.1 feet East of the Northwest (NW) Corner of said Section 26, said point also being the Southeast (SE) Corner of Lot 29 in the Ament Second Addition to Cherokee, Iowa; thence N 11º12' E, 506.7 feet along the East Line of said Ament Second Addition to the Southerly right-of-way line of Iowa Highway #3; thence Southeasterly along the Southerly right-of-way line of Iowa Highway #3 to the Westerly right-of-way line of the Chicago, Central & Pacific Railroad Company; thence Northeasterly along the Westerly right-of-way line of the Chicago, Central & Pacific Railroad Company to the West line of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section 23, Township 92 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa; thence South along the West line of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) to the Southwest (SW) Corner of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of said Section 23; thence East along the South line of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) to the Southeast (SE) Corner of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of said Section 23; thence North along the East line of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) to the Northeast (NE) Corner of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of said Section 23; thence North 610.99 feet along the East Line of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of said Section 23; thence S 89º24'47" W 412.82 feet to the Easterly right-of-way line of a local County Road (known as Old 21 Road); thence S 30º28'11" W 703.86 feet along the Easterly right-of-way line of said local County Road to a point on the North Line of the Southeast Quarter (SE 1/4) of said Section 23; thence West 535.17 feet along the North Line of the Southeast Quarter (SE 1/4) to the Northwest (NW) Corner of the Southeast Quarter (SE 1/4) of said Section 23; thence West along the North line of the Southwest Quarter (SW 1/4) of said Section 23 to the Northwest (NW) Corner of the Southwest Quarter (SW 1/4) Corner of said Section 23; thence West 1211.94 feet along the North Line of the Southeast Quarter (SE 1/4) of Section 22, Township 92 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa; thence South 34.06 feet to the Southerly right-of-way line of a local County Road (known as 515^th Street); thence S 45º51'34" W 445.36 feet to a point on the Northerly right-of-way line of State Highway No. 3; thence S 36º03'17" W 145.51 feet to the Southerly right-of-way line of State Highway No. 3; thence N 53º56'43" W 162.25 feet along the Northerly right-of-way line of State Highway No. 3; thence N 57º13'44" W 615.96 feet along the Northerly right-of-way line of State Highway No. 3; thence West 216.10 feet parallel to, and 33.4 feet perpendicularly distant South of, the North Line of the Southeast Quarter (SE 1/4) of said Section 22; thence S 02º17'22" E 150.00 feet along the Easterly right-of-way line of U.S. Highway No. 59; thence S 02º17'22" E 154.78 feet along the Easterly right-of-way line of U.S. Highway No. 59; thence S 09º48'04" E 329.09 feet along the Easterly right-of-way line of U.S. Highway No. 59; thence N 89º30'20" W 1036.88 feet; thence N 00º18'08" E 653.78 feet to the North Line of the Southwest Quarter (SW 1/4) of said Section 22; thence N 89º43'25" W 1816.33 feet along the North Line of the Southwest Quarter (SW 1/4) of said Section 22 to the Northwest (NW) Corner of the Southwest Quarter (SW 1/4) of said Section 22; thence S 01º41'05" E 2501.40 feet along the West line of the Southwest Quarter (SW 1/4) of said Section 22 to a point on the Easterly right-of-way line of the Chicago, Central & Pacific Railroad Company; thence Southeasterly 200.39 feet along a 2242.0 foot radius curve, concave Northeasterly, which is tangent to a line bearing S 34º45'14" E at the beginning of said curve, along the Easterly right-of-way line of the Chicago, Central & Pacific Railroad Company, to the South line of the Southwest Quarter (SW 1/4) of said Section 22; thence West along the South Line of the Southwest Quarter (SW 1/4) of said Section 22 to the Southwest (SW) Corner of said Section 22; thence West along the North Line of Section 28, Township 92 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa, to the Northwest (NW) Corner of said Section 28; thence South along the West line of said Section 28 to the Southwest (SW) Corner of said Section 28; thence East 33.0 feet along the South Line of said Section 28 to the Easterly right-of-way line of a local County Road (known as O Avenue); thence South 507.69 feet parallel to, and 33.0 feet perpendicularly distant East of, the West Line of Section 33, Township 92 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa; thence East 1287.0 feet parallel to the North Line of said Section 33 to a point on the West Line of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4); thence South along the West Line of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) to the Northwest (NW) Corner of the South One-half (S 1/2) of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of said Section 33; thence East along the North Line of the South One-half (S 1/2) of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) to the Northeast (NE) Corner of the South One-half (S 1/2) of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of said Section 33; thence South along the East Line of the Northwest Quarter (NW 1/4) to the Southeast (SE) Corner of the Northwest Quarter (NW 1/4) of said Section 33; thence South along the East Line of the Southwest Quarter (SW 1/4) to the Southeast (SE) Corner of the Southwest Quarter (SW 1/4) of said Section 33; thence East along the South line of said Section 33 to the Southeast (SE) Corner of said Section 33; thence East along the South line of the Southwest Quarter (SW 1/4) of Section 34, Township 92 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa, to a point on the East right-of-way line of the Chicago, Central & Pacific Railroad Company; thence Southeasterly 800 feet along the East right-of-way line of the Chicago, Central & Pacific Railroad Company; thence S 72º45' W, 101.5 feet to a point on the West right-of-way line of the Chicago, Central & Pacific Railroad Company; thence N 7º15'00" W 3.5 feet along the West right-of-way line of the Chicago, Central & Pacific Railroad Company; thence S 82º45' W, 66.0 feet; thence S 07º15' E, 571.9 feet parallel to the West right-of-way of the Chicago, Central & Pacific Railroad Company; thence S 83º40' E 167.90 feet to a point on the East right-of-way of the Chicago, Central & Pacific Railroad Company; thence Southeasterly along the East right-of-way line of the Chicago, Central & Pacific Railroad Company to a point on the South Line of the Northwest Quarter (NW 1/4) of Section 3, Township 91 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa; thence S 07º55'58" E 2033.06 feet along the East right-of-way line of the Chicago, Central & Pacific Railroad Company to a point 50 feet perpendicularly distant North of the centerline of Lake Street; thence S 87º11'19" E 599.02 feet parallel to, and 50 feet perpendicularly distant North from, the centerline of Lake Street to a point on the West Line of the Southeast Quarter (SE 1/4)of said Section 3; thence S 00º10'35"W 687.87 feet along the West Line of the Southeast Quarter (SE 1/4) to the Southwest (SW) Corner of the Southeast Quarter (SE 1/4) of said Section 3; thence S 00º00'00" E 1590.46 feet along the West Line of the Northeast Quarter (NE 1/4) of Section 10, Township 91 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa to a point on the Northerly right-of-way line of the Chicago, Central & Pacific Railroad Company; thence Southeasterly 438.29 feet along a 1860 foot radius curve concave Northeasterly along the North right-of-way line of the Chicago, Central & Pacific Railroad Company; thence N 89º16'00" E 581.84 feet to the West line of the North-South right-of-way of the Chicago, Central & Pacific Railroad Company spur line, said spur line being sometimes referred to as the Walnut Grove Spur; thence N 06º42'00" W 1087.6 feet parallel to, and 15.0' perpendicularly distant from, the centerline of said spur tract; thence continuing N 06º42'00" W 805.40 feet to the North Line of the Northeast Quarter (NE 1/4) of said Section 10; thence S 88º49'48" E 27.32 feet along the North Line of the Northeast Quarter (NE 1/4) of said Section 10; thence N 00º51'14" E 1320.13 feet; thence N 05º15'10" E 198.22 feet; thence N 11º21'42" E 476.36 feet; thence N 23º52'30" E 740.24 feet to the North Line of the Southeast Quarter (SE 1/4) of said Section 3; thence East 186.08 feet to the Southeast (SE) Corner of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of said Section 3; thence North along the West Line of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) to the Northeast (NE) Corner of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of said Section 3; thence N 88º30'15" W 193.80 feet along the North Line of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of said Section 3; thence N 04º32'30" E 1079.60 feet; thence S 87º41'30" E 315.60 feet parallel to the North Line of the Northeast Quarter (NE 1/4) of said Section 3; thence N 04º32'30" E 300.00 feet to a point on the North line of said Section 3, which is 1544.80 feet East of the Northwest (NW) Corner of the Northeast Quarter (NE 1/4) of said Section 3; thence East along the North line of the Northeast Quarter (NE 1/4) of said Section 3 to the Southwest (SW) Corner of Section 35, Township 92 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa; thence East along the South Line of said Section 35 to the Southeast (SE) Corner of said Section 35; thence North along the East Line of said Section 35 to the Northeast (NE) Corner of the South One-half (S 1/2) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of said Section 35; thence West along the South Line of the North One-half (N 1/2) of the North One-half (N 1/2) of the Northeast Quarter (NE 1/4) to the Southwest (SW) Corner of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of said Section 35; thence North 328 feet along the West Line of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of said Section 35 to the centerline of Old Primary Highway No. 5; thence Southwesterly along the centerline of Old Primary Highway No. 5 to a point which is 2467.7 feet East of and 335.0 feet South of the Northwest (NW) Corner of said Section 35; thence S 41º05' W 376.8 feet along the Northwesterly right-of-way line for the channel of the Little Sioux River; thence S 64º'30' W 360.0 feet along the Northwesterly right-of-way line for the channel of the Little Sioux River; thence S 61º11' W 63.9 feet; thence N 28º56' W 538.9 feet to the South Line of Maple Street (in the City of Cherokee) extended Easterly; thence East along the South Line of Maple Street extended to a point which is 1700.1 feet East of and 333.2 feet South of the Northwest (NW) Corner of said Section 35; thence North to a point which is 1700.1 feet East of and 231.3 feet South of the Northwest (NW) Corner of said Section 35; thence West 124.0 feet; thence North, at right angle to the South Line of Old Primary Highway No. 5, to the South Line of Old Primary Highway No. 5; thence S 85º41' E 110.5 feet along the South Line of Old Primary Highway No. 5; thence North to a point on the North Line of the Northwest Quarter (NW 1/4) of said Section 35; thence East along the North Line of the Northwest Quarter (NW 1/4) to the Northeast (NE) Corner of the Northwest Quarter (NW 1/4) of said Section 35; thence North 660.0 feet along the West Line of the Southeast Quarter (SE 1/4) of Section 26, Township 92 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa to the Northwest (NW) Corner of Lot 5 of the South One-half (S 1/2) of the Southeast Quarter (SE 1/4) of said Section 26; thence East along the North Line of Lots 5 and 6 of the South One-half (S 1/2) of the Southeast Quarter (SE 1/4) to the Southwest (SW) Corner of Lot 2 of the South One-half (S 1/2) of the Southeast Quarter (SE 1/4) of said Section 26; thence North along the West Line to the Northwest (NW) Corner of said Lot 2; thence East along the North Line to the Northeast (NE) Corner of said Lot 2; thence South 181.5 feet along the East Line of said Lot 2 to a point which is the North Line of the South 478.5 feet of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of said Section 26; thence East along the North Line of the South 478.5 feet of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) to a point on the East Line of the Northeast Quarter (NE 1/4) of said Section 26; thence North along the East Line of said Section 26 to the Point of Beginning.

3.02    DIVISION INTO PRECINCT WARDS. The City is divided into three precinct wards described
as follows:

1. First Precinct Ward. All that part of the City lying north of the centerline of Main Street and west of the following described line shall be one precinct or ward and shall be called the First Precinct Ward in said City:

A line commencing at the intersection of Main Street and Fifth Street; thence north on the centerline of Fifth Street to the intersection thereof with West Cedar Street; thence east on the centerline of West Cedar Street to the intersection thereof with U.S. Highway 59 (North Second Street); thence north on the centerline of said U.S. Highway 59 to the intersection thereof with Bluff Street; thence east on the centerline of Bluff Street to the intersection thereof with East King Street; thence northeast on the centerline of East King street to the intersection thereof with North First Street; thence north on the centerline of North First Street to East Ridgeview Drive; thence east and north on the centerline of East Ridgeview Drive to the intersection thereof with East Bow Drive; thence west on the centerline of East Bow Drive to the centerline of U.S. Highway No. 59; thence north along the centerline of said U.S. Highway No. 59 to the municipal limits.

2. Second Precinct Ward. All that part of the City lying south of the following described line shall be one precinct or ward and shall be called the Second Precinct Ward of the City.

A line commencing at the intersection of the centerline of West Main Street, and the extensions thereof, with the west municipal limits; thence east along said centerline, to the intersection thereof with the centerline of Fifth Street; thence north along the centerline of Fifth Street to the intersection thereof with West Cedar Street; thence east along the centerline of West Cedar Street to the intersection thereof with U.S. Highway No. 59 (North Second Street); thence north on the centerline of said U.S. Highway No. 59 to the intersection thereof with Bluff Street; thence east on the centerline of East Bluff Street to the intersection thereof with Euclid Avenue; thence south on the centerline of Euclid Avenue to the intersection thereof with Fountain Street; thence east on the centerline of Fountain Street to the intersection thereof with North Roosevelt Avenue; thence north on the centerline of North Roosevelt Avenue to the intersection thereof with Magnetic Avenue; thence east on the centerline of Magnetic Avenue to the intersection thereof with Saratoga Avenue; thence south along the centerline of Saratoga Avenue to the intersection thereof with Main Street; thence east on the centerline of Main Street to the municipal limits.

3. Third Precinct Ward. All that part of the City lying east and north of the following described lines shall be one precinct or ward and shall be called the Third Precinct Ward of the City:

A. All the part of the City lying east of a line beginning at the intersection of Euclid Avenue and Fountain Street; thence north on the centerline of Euclid Avenue to the intersection thereof with East Bluff Street; thence west on the centerline of East Bluff Street to the intersection thereof with East King Street; thence northeast on the centerline of East King Street to the intersection thereof with North First Street; thence north on the centerline of North First Street to East Ridgeview Drive; thence northeasterly on the centerline of East Ridgeview Drive to the intersection thereof with East Bow Drive; thence west on the centerline of East Bow Drive to the centerline of U.S. Highway No. 59; thence north along the centerline of said U.S. Highway No. 59 to the municipal limits; and

B. That portion of the City lying north of a line beginning at the intersection of Euclid Avenue and Fountain Street; thence east on the centerline of Fountain Street to the intersection thereof with North Roosevelt Avenue; thence north on the centerline of North Roosevelt Avenue to the intersection thereof with Magnetic Avenue; thence east on the centerline of Magnetic Avenue to the intersection thereof with Saratoga Avenue; thence south on the centerline of Saratoga Avenue to the intersection thereof with Main Street; thence east on the centerline of Main Street to the municipal limits.

CHAPTER 4

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

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

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

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

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

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

1. Standard Civil Penalties.

A. First Offense - Not to exceed $750.00

B. Each Repeat Offense - Not to exceed $1,000.00

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

2. Special Civil Penalties.

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

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

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

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

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

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

1. The name and address of the defendant.

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

3. The location and time of the infraction.

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

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

6. The time and place of court appearance.

7. The penalty for failure to appear in court.

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

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

° ° ° ° ° ° ° ° ° °

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

1. Qualify for Office. Each elected or appointed officer shall qualify for office by taking the prescribed oath and by giving, when required, a bond. The oath shall be taken, and bond provided, after being certified as elected but not later than noon of the first day which is not a Sunday or a legal holiday in January of the first year of the term for which the officer was elected.

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 of 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 Cherokee as now or hereafter 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. Mayor

B. City Clerk

C. Members of all boards, commissions or bodies created by law.

5.02    BONDS. Surety bonds are provided in accordance with the following:

1. Required. The Council shall provide by resolution for a surety bond or blanket position bond running to the City and covering the

Mayor, Clerk-Treasurer and such other officers and employees as may be necessary and advisable.

2. Bonds Approved. Bonds shall be approved by the Council.

3. Bonds Filed. All bonds, after approval and proper record, shall be filed with the Clerk.

4. Record. The Clerk shall keep a book, to be known as the "Record of Official Bonds" in which shall be recorded the official bonds of all City officers, elective or appointive.

5.03    DUTIES: GENERAL. Each municipal officer shall exercise the powers and perform the duties
prescribed by law and this Code of Ordinances, or as otherwise directed by the Council unless contrary
to State law or City charter.

5.04    BOOKS AND RECORDS. All books and records required to be kept by law or ordinance shall
be open to examination by the public upon request, unless some other provisions of law expressly
limit such right or require such records to be kept confidential. Access to public records which are
combined with data processing software shall be in accordance with policies and procedures
established by the City.

5.05    TRANSFER TO SUCCESSOR. Each officer shall transfer to his or her successor in office all
books, papers, records, documents and property in the officer’s custody and appertaining to that office.

5.06    MEETINGS. All meetings of the Council, any board or commission, or any multi-membered
body formally and directly created by any of the foregoing bodies shall be held in accordance with
the following:

1. Notice of Meetings. Reasonable notice, as defined by State law, of the time, date and place of each meeting, and its tentative agenda shall be given.

2. Meetings Open. All meetings shall be held in open session unless closed sessions are held as expressly permitted by State law.

3. 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 information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection.

4. Closed Session. A closed session may be held only by affirmative vote of either two-thirds of the body or all of the members present at the meeting and in accordance with Chapter 21 of the Code of Iowa.

5. Cameras and Recorders. The public may use cameras or recording devices at any open session.

6. 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 Code of Iowa.

5.07    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. Compensation of Officers. 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. Investment of Funds. The designation of a bank or trust company as a depository, paying agent, or for investment of funds.

3. City Treasurer. An employee of a bank or trust company, who serves as Treasurer of the City.

4. Stock Interests. 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, if the contract is for professional services not customarily awarded by competitive bid, if the remuneration of employment will not be directly affected as a result of the contract, and if the duties of employment do not directly involve the procurement or preparation of any part of the contract.

5. Newspaper. The designation of an official newspaper.

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

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

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

9. Contracts. Contracts made by the City upon competitive bid in writing, publicly invited and opened.

10. Cumulative Purchases. 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 fifteen hundred dollars ($1500.00) in a fiscal year.

11. Franchise Agreements. Franchise agreements between the City and a utility and contracts entered into by the City for the provision of essential City utility services.

12. Third Party Transactions. A contract that relates to bonds, notes or other obligations required in transactions with a third party.

5.08    RESIGNATIONS. An elected officer who wishes to resign may do so by submitting a
resignation in writing to the Clerk so that it shall 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.

5.09    REMOVAL OF APPOINTED OFFICERS AND EMPLOYEES. Except as otherwise provided
by State or City law, all persons appointed to City office or employment 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.

5.10    VACANCIES. A vacancy in an elective City office during a term of office shall be filled, at
the Council’s option, by one of the two following procedures:

1. Appointment. By appointment following public notice by the remaining members of the Council within forty (40) days after the vacancy occurs, except that if the remaining members do not constitute a quorum of the full membership, or if a petition is filed requesting an election, the Council shall call a special election as provided by law.

2. Election. By a special election held to fill the office for the remaining balance of the unexpired term as provided by law.

5.11    GIFTS. Except as otherwise provided in Chapter 68B of the Code of Iowa, a public official,
public employee or candidate, or that person’s immediate family member, shall not, directly or
indirectly, accept or receive any gift or series of gifts from a "restricted donor" as defined in Chapter
68B and a restricted donor shall not, directly or indirectly, individually or jointly with one or more
other restricted donors, offer or make a gift or a series of gifts to a public official, public employee
or candidate.

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6.01    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.

6.02    NOMINATIONS BY PETITION. Nominations for elective municipal offices of the City may
be made by nomination paper or papers signed by not less than twenty-five (25) eligible electors,
 residents of the City.

6.03    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.

6.04    PREPARATION OF PETITION AND AFFIDAVIT. Nomination papers shall include a
petition and an affidavit of candidacy. The petition and affidavit shall be substantially in the
form prescribed by the State Commissioner of Elections, shall include information required by
the Code of Iowa, and shall be signed in accordance with the Code of Iowa.

6.05    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.

6.06    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.

° ° ° ° ° ° ° ° ° °

CHAPTER 7

7.01    PURPOSE. The purpose of this chapter is to establish policies and provide for rules and
regulations governing the management of the financial affairs of the City.

7.02    FINANCE OFFICER. The Clerk is the finance and accounting officer of the City and is
responsible for the administration of the provisions of this chapter.

7.03    CASH CONTROL. To assure the proper accounting and safe custody of moneys the
following shall apply:

1. Deposit of Funds. All moneys or fees collected for any purpose by any City officer
shall be deposited through the office of the finance officer. If any said fees are due
to an officer, they shall be paid to the officer by check drawn by the finance officer
and approved by the Council only upon such officer’s making adequate reports relating thereto as required by law, ordinance or Council directive.

2. Deposits and Investments. All moneys belonging to the City shall be promptly deposited in depositories selected by the Council in amounts not exceeding the authorized depository limitation established by the Council or invested in accordance with the City’s written investment policy and State law, including joint investments as authorized by Section 384.21 of the Code of Iowa.

3. Petty Cash Fund. The finance officer shall be custodian of a petty cash fund 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 finance officer shall obtain some form of receipt or bill acknowledged as paid by the vendor or agent. At such time as the petty cash fund is approaching depletion, the finance officer 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 for salary payments or other personal services or personal expenses.

4. Change Fund. The finance officer is authorized to draw a warrant/check on the Utility Fund for establishing a change fund for the purpose of making change without commingling other funds to meet the requirements of the office. Said change fund shall be in the custody of the finance officer, who shall maintain the integrity of the fund.

7.04    FUND CONTROL. There shall be established and maintained separate and distinct funds in
accordance with the following:

1. Revenues. All moneys received by the City shall be credited to the proper fund as required by law, ordinance or resolution.

2. Expenditures. No disbursement shall be made from a fund unless such disbursement is authorized by law, ordinance or resolution, was properly budgeted, and supported by a claim approved by the Council.

3. Emergency Fund. No transfer may be made from any fund to the Emergency Fund.

4. Debt Service Fund. Except where specifically prohibited by State law, moneys may be transferred from any other City fund to the Debt Service Fund to meet payments of principal and interest. Such transfers must be authorized by the original budget or a budget amendment.

5. Capital Improvements Reserve Fund. Except where specifically prohibited by State law, moneys may be transferred from any City fund to the Capital Improvements Reserve Fund. Such transfers must be authorized by the original budget or a budget amendment.

6. Utility and Enterprise Funds. A surplus in a Utility or Enterprise Fund may be transferred to any other City fund, except the Emergency Fund and Road Use Tax Funds, by resolution of the Council. A surplus may exist only after all required transfers have been made to any restricted accounts in accordance with the terms and provisions of any revenue bonds or loan agreements relating to the Utility or Enterprise Fund. A surplus is defined as the cash balance in the operating account or the unrestricted retained earnings calculated in accordance with generally accepted accounting principles in excess of:

A. The amount of the expense of disbursements for operating and maintaining the utility or enterprise for the preceding three (3) months, and

B. The amount necessary to make all required transfers to restricted accounts for the succeeding three (3) months.

7. Balancing of Funds. Fund accounts shall be reconciled at the close of each month and a report thereof submitted to the Council.

7.05    OPERATING BUDGET PREPARATION. The annual operating budget of the City shall be
prepared in accordance with the following:

1. Proposal Prepared. The finance officer is responsible for preparation of the annual budget detail, for review by the Mayor and Council and adoption by the Council in accordance with directives of the Mayor and Council.

2. Boards and Commissions. All boards, commissions and other administrative agencies of the City that are authorized to prepare and administer budgets must submit their budget proposals to the finance officer for inclusion in the proposed City budget at such time and in such form as required by the Council.

3. Submission to Council. The finance officer shall submit the completed budget proposal to the Council no later than February 15 of each year.

4. Council Review. The Council shall review the proposed budget and may make any adjustments in the budget which it deems appropriate before accepting such proposal for publication, hearing and final adoption.

5. Notice of Hearing. Upon adopting a proposed budget the Council shall set a date for public hearing thereon to be held before March 15 and cause notice of such hearing and a summary of the proposed budget to be published not less than ten (10) nor more than twenty (20) days before the date established for the hearing. Proof of such publication must be filed with the County Auditor.

6. Copies of Budget on File. Not less than twenty (20) days before the date that the budget must be certified to the County Auditor and not less than ten (10) days before the public hearing, the Clerk shall make available a sufficient number of copies of the detailed budget to meet the

requests of taxpayers and organizations, and have them available for distribution at the offices of the Mayor and Clerk and at the City library.

7. Adoption and Certification. After the hearing, the Council shall adopt, by resolution, a budget for at least the next fiscal year and the Clerk shall certify the necessary tax levy for the next fiscal 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. Two copies each of the detailed budget as adopted and of the tax certificate must be transmitted to the County Auditor.

7.06    BUDGET AMENDMENTS. A City budget finally adopted for the following fiscal year becomes
effective July 1 and constitutes the City appropriation for each program and purpose specified therein
until amended as provided by this section.

1. Program Increase. Any increase in the amount appropriated to a program must be prepared, adopted and subject to protest in the same manner as the original budget.

2. Program Transfer. Any transfer of appropriation from one program to another must be prepared, adopted and subject to protest in the same manner as the original budget.

3. Activity Transfer. Any transfer of appropriation from one activity to another activity within a program must be approved by resolution of the Council.

4. Administrative Transfers. The finance officer shall have the authority to adjust, by transfer or otherwise, the appropriations allocated within a specific activity without prior Council approval.

7.07    ACCOUNTING. The accounting records of the City shall consist of not less than the following:

1. Books of Original Entry. There shall be established and maintained books of original entry to provide a chronological record of cash received and disbursed.

2. General Ledger. There shall be established and maintained a general ledger controlling all cash transactions, budgetary accounts and for recording unappropriated surpluses.

3. Checks. Checks shall be prenumbered and signed by the Clerk following Council approval, except as provided by subsection 5 hereof.

4. Budget Accounts. There shall be established such individual accounts to record receipts by source and expenditures by program and activity as will provide adequate information and control for budgeting purposes as planned and approved by the Council. Each individual account shall be maintained within its proper fund and so kept that receipts can be immediately and directly compared with revenue estimates and expenditures can be related to the authorizing appropriation. No expenditure shall be posted except to the appropriation for the function and purpose for which the expense was incurred.

5. Immediate Payment Authorized. The Council may by 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.

6. Utilities. The finance officer shall perform and be responsible for accounting functions of the municipally owned utilities.

7.08    FINANCIAL REPORTS. The finance officer shall prepare and file the following financial reports:

1. Monthly Reports. There shall be submitted to the Council each month a report showing the activity and status of each fund, program, sub-program and activity for the preceding month.

2. Annual Report. Not later than December first of each year there shall be published 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 the annual report must be filed with the Auditor of State not later than December 1 of each year.

7.09    BIDS OR QUOTATIONS REQUIRED. Price quotations or competitive bids shall be sought in
accordance with the following:

1. Construction and Service Contracts. Any contract for construction, maintenance or other services to be performed for the City in the amount of five thousand dollars ($5,000.00) or more shall first be approved by the Council.

2. Competitive Bidding. The purchase of any supplies, materials or equipment, the cost of which will exceed five thousand dollars ($5,000.00) shall be made only after receiving written bids from two (2) or more sources and approval of the Council.

3. Price Quotations Required. Department Supervisors are authorized to purchase necessary supplies, materials or equipment, the cost of which will not exceed twelve hundred dollars ($1,200.00). Expenditures exceeding twelve hundred dollars ($1,200.00) and up to five thousand dollars ($5,000.00) can be made only with approval of the City Administrator.

8.01    PURPOSE. The purpose of this chapter is to provide for a partial exemption from property
taxation of the actual value added to industrial real estate by the new construction of industrial
real estate, research-service facilities, warehouses, distribution centers and the acquisition of or
improvement to machinery and equipment assessed as real estate.

8.02    DEFINITIONS. For use in this chapter the following terms are defined:

"Actual value added" means the actual value added as of the first year for which the exemption granted under this chapter is received, except that "actual value added by improvements to machinery and equipment" means the actual value as determined by the local assessor as of January 1 of each year for which the exemption is received.

"Approved reconstruction" means the reconstruction of an existing building or structure which has received the required prior approval of the Council pursuant to Section 8.05.

"Distribution center" means a building or structure used primarily for the storage of goods which are intended for subsequent shipment to retail outlets. "Distribution center" does not mean a building or structure used primarily to store raw agricultural products, used primarily by a manufacturer to store goods to be used in the manufacturing process, used primarily for the storage of petroleum products, or used for the retail sale of goods.

"New construction" means new buildings and structures and includes new buildings and structures which are constructed as additions to existing buildings and structures. Unless otherwise stated, "new construction" does include approved reconstruction and qualified new machinery and equipment.

"Qualified new machinery and equipment" means new machinery and equipment assessed as real estate pursuant to Section 427A.1, Subsection 1, Paragraph "e", Code of Iowa, unless the machinery or equipment is part of the normal replacement or operating process to maintain or expand the existing operational status.

"Research-service facilities" means a building or group of buildings devoted primarily to research and development activities, including, but not limited to, the design and production or manufacture of prototype products for experimental use, and corporate-research services which do not have a primary purpose of providing on-site services to the public.

"Warehouse" means a building or structure used as a public warehouse for the storage of goods pursuant to Chapter 554, Article 7, of the Code of Iowa, except that it does not mean a building or structure used primarily to store raw agricultural products or from which goods are sold at retail.

8.03    EXEMPTION GRANTED. A partial exemption from taxation for actual value added to
industrial real estate may be granted for new construction, including approved reconstruction,
qualified new machinery and equipment, research-service facilities, warehouses and distribution
centers, for the five eligible tax years upon proper application by the property owner to the
Cherokee County Assessor under the provisions of this chapter and the requirements of the Iowa
Department of Revenue. The amount of actual value added which is eligible to be exempt from
taxation shall be as follows:

1. For the first year, seventy-five percent (75%)

2. For the second year, sixty percent (60%)

3. For the third year, forty-five percent (45%)

4. For the fourth year, thirty percent (30%)

5. For the fifth year, fifteen percent (15%)

8.04    EXEMPTION INELIGIBILITY. Industrial property otherwise eligible for a tax exemption
under this chapter shall not be granted such exemption if:

New Construction. If, in the case of new construction constituting complete replacement of an existing building or structure, the exemption would result in the assessed value of the industrial real estate being reduced below the assessed value of the industrial real estate before the start of the new construction added.

Prior Exemption. The property for which the exemption is claimed has received any other property tax exemption authorized by law.

8.05    RECONSTRUCTION APPROVAL. All reconstruction of industrial property shall be approved
by ordinance in the manner provided by this section to be eligible for a tax exemption under this
chapter. The procedure for receiving such approval shall be as follows:

Written Request Filed. The property owner seeking the exemption shall file a written request for an approval ordinance with the Clerk not later than ninety (90) days before an application for exemption must be filed with the Cherokee County Assessor. Said request shall be filed in quintuplicate and shall contain the following information:

The business name and address of the property owner seeking the exemption and the name, title, address and phone number of the company officer with whom communications may be made regarding the request.

The nature of the property owner’s business including the products manufactured or processed by the business.

The location of the reconstruction project and its zoning classification.

A detailed description of the reconstruction involved and its estimated cost. If the reconstruction is being performed in connection with a project also involving other new construction and qualified new machinery and equipment, the description and cost of the total project shall be included.

The purpose of the reconstruction project including specific evidence and justification that the reconstruction is required and necessary:

(1) Due to economic obsolescence; and

(2) To implement recognized industry standards for the manufacturing and processing of specific products; and

(3) For the owner to continue to competitively manufacture or process those products.

The original or certified copy of the written recommendation of the State Economic Development Board that the reconstruction project be approved.

Copies for Approval. Upon receiving the written request, the Clerk shall provide the extra copies of the request for approval to the Mayor, City Administrator, Planning and Zoning Commission and the City Attorney and ask the Council to set the matter for public hearing.

Public Hearing. The Council shall hold a public hearing on the requested ordinance following notice thereof according to law.

Ordinance Adopted. Not less than thirty (30) days after said public hearing, the Council shall enact an ordinance approving the reconstruction as eligible for a tax exemption under this chapter if it determines that the State Economic Development Board has made a recommendation for approval and that the reconstruction is required and necessary:

Due to economic obsolescence; and

To implement recognized industry standards for the manufacturing and processing of specific products; and

For the owner to continue to competitively manufacture or process those products.

Ordinance Content and Filing. The ordinance adopted shall incorporate the required finding and the City Clerk shall file a certified copy of it in the office of the Cherokee County Assessor.

Ordinance Not Approved. In the event the ordinance is disapproved because the necessary determinations could not be made as required, the property owner may submit a revised reconstruction proposal which shall be submitted in the same manner as the original request.

8.06    APPLICATION FOR EXEMPTION. An application for an exemption from taxation granted under
this chapter shall be filed for each project resulting in actual value added for which an exemption is
claimed. The application for exemption shall be properly filed by the owner of the property with the
Cherokee County Assessor by February 1 of the assessment year in which the value added is first
assessed for taxation on forms prescribed by the Iowa Department of Revenue and Finance.

8.07    REPEAL OF EXEMPTION PROVISIONS. The provisions of this chapter may be repealed
whenever, in the opinion of the Council, the granting of tax exemptions hereunder ceased to be of
benefit to the City. In the event this chapter is repealed, all existing exemptions which have not
yet begun but which have received a guarantee of exemption pursuant to Section 8.08 shall take
effect and continue throughout their applicable period as provided thereunder.

8.08    NEW CONSTRUCTION TAX EXEMPTION GUARANTEE. A property owner may submit a
proposal to the Council involving planned new construction of industrial property, including approved reconstruction, qualified new machinery and equipment, research-service facilities, warehouse,
and distribution centers, and request an ordinance guaranteeing the granting of a tax exemption
as provided for in Section 8.03. Such a proposal shall be submitted and considered as follows:

Proposal Filed. The property owner shall file the proposal in writing with the Clerk not more than three (3) years before the planned new construction is to be completed. Said proposal shall be filed in quintuplicate and shall contain the following information:

The business name and address of the property owner seeking the exemption and the name, title, address and phone number of the company officer with whom communications may be made regarding the proposal.

The nature of the property owner’s business including the products manufactured or processed by the business.

The location of the planned new construction and its zoning classification.

A detailed description of the planned new construction and its estimated cost.

The purpose and goal of the planned new construction, including information concerning proposed employment, community impact and necessity for receiving a prior guarantee of tax exemption, as well as any other relevant data and explanations.

The written proposal under this section may be combined with the required written request under Section 8.05 provided all information under both provisions is provided.

Copies for Approval. Upon receiving the written proposal, the Clerk shall provide the extra copies for the request for approval to the Mayor, City Administrator, Planning and Zoning Commission and the City Attorney and ask the Council to set the matter for public hearing.

Public Hearing. The Council shall hold a public hearing regarding the proposal following notice thereof according to law.

Ordinance Adopted. Not less than thirty (30) days after said public hearing the Council may enact an ordinance guaranteeing a tax exemption conditioned upon the new construction being completed as proposed and found to be qualified real estate. The granting of a prior guarantee under this section shall be discretionary.

Ordinance Content and Filing. If an ordinance is adopted hereunder, it shall identify the planned new construction and incorporate any conditions required by the Council. The Council shall file a certified copy of the ordinance in the office of the Cherokee County Assessor.

Ordinance Not Approved. In the event an ordinance approving the proposal is not adopted, the property owner may submit an amended proposal to the Council for consideration following the same procedure as in the making of the original proposal.

 

9.01    PURPOSE. The purpose of this chapter is to provide for a property tax exemption for shell
buildings constructed by community development organizations for speculative purposes in
accordance with Section 427.1 of the Code of Iowa.

9.02    DEFINITIONS. For use in this chapter the following terms are defined:

1. "Community development organization" means a City organization or a multi-community group formed for one or more of the following purposes:

A. To promote, stimulate, develop, and advance the business prosperity and economic welfare of the community, area, or region and its citizens.

B. To encourage and assist the location of new business and industry.

C. To rehabilitate and assist existing business and industry.

D. To stimulate and assist in the expansion of business activity.

For purposes of this definition, a community development organization must have at least fifteen (15) members with representation from the government at the level or levels corresponding to the community development organization’s area of operation; a private sector lending institution; a community organization in the area; business in the area; and private citizens in the community.

2. "New construction" means new buildings or structures and includes new buildings or structures which are constructed as additions to existing buildings or structures. "New construction" also includes reconstruction or renovation of an existing building or structure which constitutes complete replacement of an existing building or structure or refitting of an existing building or structure, if the reconstruction or renovation of the existing building or structure is required due to economic obsolescence, if the reconstruction or renovation is necessary to implement recognized industry standards for the manufacturing or processing of products, and the reconstruction or renovation is required in order to competitively manufacture or process products or for community development organizations to market a building or structure as a speculative shell building, which determination must receive prior approval from the Council.

3. "Speculative shell building" means a building or structure owned and constructed or reconstructed by a community development organization without a tenant or buyer for the purpose of attracting an employer or user which will complete the building to the employer’s or user’s specification for manufacturing, processing, or warehousing the employer’s or user’s product line.

9.03    ELIGIBILITY. The new construction of shell buildings, or the portion of the value added to
buildings being reconstructed or renovated in order to become speculative shell buildings, by the
community development organization is eligible for property tax exemption commencing the
assessment year in which the building is first assessed or in which the reconstruction or renovation
first adds value. The exemption shall continue (for a period of five years) until the property is leased
or sold or until terminated by ordinance of the Council.

9.04    APPLICATION. An application shall be filed with the local assessor for each project for which an exemption is claimed in accordance with Section 427B.4 of the Code of Iowa.

° ° ° ° ° ° ° ° ° °

15.01    TERM OF OFFICE. The Mayor is elected for a term of four (4) years.

15.02    POWERS AND DUTIES. The powers and duties of the Mayor are as follows:

1. Chief Executive Officer. Act as the chief executive officer of the City and presiding officer of the Council, supervise all departments of the City, except for supervisory duties delegated to the City Administrator, give direction to department heads concerning the functions of the departments, and 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.

2. Proclamation of Emergency. Have authority to take command of the police and govern the City by proclamation, upon making a determination that a time of emergency or public danger exists. Within the City limits, the Mayor has all the powers conferred upon the Sheriff to suppress disorders.

3. Special Meetings. Call special meetings of the Council when the Mayor deems such meetings necessary to the interests of the City.

4. Mayor’s Veto. Sign, veto or take no action on an ordinance, amendment or resolution passed by the Council. 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 Council at the time of the veto.

5. Reports to Council. Make such oral or written reports to the Council as required. These reports shall concern municipal affairs generally, the municipal departments, and recommendations suitable for Council action.

6. Negotiations. 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, ordinance, or Council direction.

7. Contracts. Whenever authorized by the Council, sign contracts on behalf of the City.

8. Professional Services. Upon order of the Council, secure for the City such specialized and professional services not already available to the City. In executing the order of the Council, the Mayor shall act in accordance with the Code of Ordinances and the laws of the State.

9. Licenses and Permits. Sign all licenses and permits which have been granted by the Council, except those designated by law or ordinance to be issued by another municipal officer.

10. Nuisances. Issue written order for removal, at public expense, any nuisance for which no person can be found responsible and liable.

11. Absentee Officer. Make appropriate provision that duties of any absentee officer be carried on during such absence.

15.03    APPOINTMENTS. The Mayor shall appoint the Mayor Pro Tem and the Mayor also appoints,
with Council approval, the following officials:

Police Chief

Library Board of Trustees

Historic Preservation Commission

15.04    COMPENSATION. The salary of the Mayor is six thousand dollars ($6,000.00) per year, payable monthly. (Ord. 442 – Dec. 01 Supp.)

15.05    VOTING. The Mayor is not a member of the Council and shall not vote as a member of the Council. (Ord. 435 – Dec. 01 Supp.)