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CHAPTER 1
CODE OF ORDINANCES
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1.01 Title |
1.07 Amendments |
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1.02 Definitions |
1.08 Catchlines and Notes |
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1.03 City Powers |
1.09 Altering Code |
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1.04 Indemnity |
1.10 Standard Penalty |
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1.05 Personal Injuries |
1.11 Severability |
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1.06 Rules of Construction |
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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not repealed by the ordinance adopting this Code of Ordinances, and those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.
(Code of Iowa, Sec. 364.1)
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.
(Code of Iowa, Sec. 364.14)
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.
(Code of Iowa, Sec. 380.2)
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.
(Code of Iowa, Sec. 718.5)
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.
(Code of Iowa, Sec. 364.3[2])(Ord. 416 –
Aug. 00 Supp.)
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.
CHAPTER 2
CHARTER
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2.01 Title |
2.04 Number and Term of Council |
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2.02 Form of Government |
2.05 Term of Mayor |
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2.03 Powers and Duties |
2.06 Copies on File |
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.
(Code of Iowa, Sec. 372.4)
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.
(Code of Iowa, Sec. 376.2)
2.05 TERM OF MAYOR. The Mayor is
elected for a term of four (4) years.
(Code of Iowa, Sec. 376.2)
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.
(Code of Iowa, Sec. 372.1)
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.
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CHAPTER 3
BOUNDARIES
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3.01 Corporate Limits |
3.02 Division Into Precinct Wards |
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 515th 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 .
(Ord. 495 – Nov. 05 Supp.)
3.02 DIVISION INTO PRECINCT WARDS.
The City is divided into three precinct wards described
as follows:
(Code of Iowa, Sec. 372.4 & 372.13[7])
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.
(Ord. 443 – Dec. 01 Supp.)
CHAPTER
4
MUNICIPAL INFRACTIONS
|
4.01 Municipal Infraction |
4.04 Civil Citations |
|
4.02 Environmental Violation |
4.05 Alternative Relief |
|
4.03 Penalties |
4.06 Criminal Penalties |
4.01 MUNICIPAL INFRACTION. A
violation of this Code of Ordinances or any ordinance or code
herein adopted by reference or the omission or failure to perform any act or
duty required by the
same, with the exception of those provisions specifically provided under State
law as a felony,
an aggravated misdemeanor, or a serious misdemeanor, or a simple misdemeanor
under Chapters
687 through 747 of the Code of Iowa, is a municipal infraction punishable by
civil penalty as
provided herein.
(Code of Iowa, Sec. 364.22[3])
4.02 ENVIRONMENTAL VIOLATION. A
municipal infraction which is a violation of Chapter 455B
of the Code of Iowa or of a standard established by the City in consultation
with the Department
of Natural Resources, or both, may be classified as an environmental violation.
However, the
provisions of this section shall not be applicable until the City has offered to
participate in informal
negotiations regarding the violation or to the following specific violations:
(Code of Iowa, Sec. 364.22 [1])
1. A violation arising from noncompliance with a
pretreatment standard or requirement referred to in 40 C.F.R. §403.8.
2. The discharge of airborne residue from grain, created by
the handling, drying or storing of grain, by a person not engaged in the
industrial production or manufacturing of grain products.
3. The discharge of airborne residue from grain, created by
the handling, drying or storing of grain, by a person engaged in such
industrial production or manufacturing if such discharge occurs from September
15 to January 15.
4.03 PENALTIES. A municipal
infraction is punishable by the following civil penalties:
(Code of Iowa, Sec. 364.22 [1])
1. Standard Civil Penalties.
A. First Offense - Not to exceed $750.00
B. Each Repeat Offense - Not to exceed $1,000.00
(Ord. 470 – Aug-04 Supp.)
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:
(Code of Iowa, Sec. 364.22 [4])
1. The name and address of the defendant.
2. The name or description of the infraction attested to by
the officer issuing the citation.
3. The location and time of the infraction.
4. The amount of civil penalty to be assessed or the
alternative relief sought, or both.
5. The manner, location, and time in which the penalty may
be paid.
6. The time and place of court appearance.
7. The penalty for failure to appear in court.
4.05 ALTERNATIVE RELIEF. Seeking a
civil penalty as authorized in this chapter does not preclude
the City from seeking alternative relief from the court in the same action. Such
alternative relief may
include, but is not limited to, an order for abatement or injunctive relief.
(Code of Iowa, Sec. 364.22 [8])
4.06 CRIMINAL PENALTIES. This
chapter does not preclude a peace officer from issuing a criminal
citation for a violation of this Code of Ordinances or regulation if criminal
penalties are also provided
for the violation. Nor does it preclude or limit the authority of the City to
enforce the provisions of
this Code of Ordinances by criminal sanctions or other lawful means.
(Code of Iowa, Sec. 364.22[11]
° ° °
° ° °
° ° °
°
CHAPTER 5
OPERATING PROCEDURES
|
5.01 Oaths |
5.07 Conflict of Interest |
|
5.02 Bonds |
5.08 Resignations |
|
5.03 Duties: General |
5.09 Removal of Appointed Officers and Employees |
|
5.04 Books and Records |
5.10 Vacancies |
|
5.05 Transfer to Successor |
5.11 Gifts |
|
5.06 Meetings |
|
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.
(Code of Iowa, Sec. 63.1)
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."
(Code of Iowa, Sec. 63.10)
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.
(Code of Iowa, Sec. 63A.2)
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.
(Code of Iowa, Sec. 64.13)
2. Bonds Approved. Bonds shall be approved by the Council.
(Code of Iowa, Sec. 64.19)
3. Bonds Filed. All bonds, after approval and proper
record, shall be filed with the Clerk.
(Code of Iowa, Sec. 64.23[6])
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.
(Code of Iowa, Sec. 64.24[3])
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.
(Code of Iowa, Sec. 372.13[4])
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.
(Code of Iowa, Sec. 22.2 & 22.3A)
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.
(Code of Iowa, Sec. 372.13[4])
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.
(Code of Iowa, Sec. 21.4)
2. Meetings Open. All meetings shall be held in open
session unless closed sessions are held as expressly permitted by State law.
(Code of Iowa, Sec. 21.3)
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.
(Code of Iowa, Sec. 21.3)
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.
(Code of Iowa, Sec. 21.5)
5. Cameras and Recorders. The public may use cameras or
recording devices at any open session.
(Code of Iowa, Sec. 21.7)
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.
(Code of Iowa, Sec. 21.8)
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:
(Code of Iowa, Sec. 362.5)
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.
(Code of Iowa, Sec. 362.5[1])
2. Investment of Funds. The designation of a bank or trust
company as a depository, paying agent, or for investment of funds.
(Code of Iowa, Sec. 362.5[2])
3. City Treasurer. An employee of a bank or trust company,
who serves as Treasurer of the City.
(Code of Iowa, Sec. 362.5[3])
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.
(Code of Iowa, Sec. 362.5[5])
5. Newspaper. The designation of an official newspaper.
(Code of Iowa, Sec. 362.5[6])
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.
(Code of Iowa, Sec. 362.5[7])
7. Volunteers. Contracts with volunteer fire fighters or
civil defense volunteers.
(Code of Iowa, Sec. 362.5[8])
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.
(Code of Iowa, Sec. 362.5[9])
9. Contracts. Contracts made by the City upon competitive
bid in writing, publicly invited and opened.
(Code of Iowa, Sec. 362.5[4])
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.
(Code of Iowa, Sec. 362.5[10])
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.
(Code of Iowa, Sec. 362.5[12])
12. Third Party Transactions. A contract that relates to
bonds, notes or other obligations required in transactions with a third party.
(Ord. 472 – Aug-04 Supp.)
(Code of Iowa, Sec. 362.5[13])
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.
(Code of Iowa, Sec. 372.13[9])
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.
(Code of Iowa, Sec. 372.15)
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:
(Code of Iowa, Sec. 372.13 [2])
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.
(Code of Iowa, Sec. 372.13 [2a])
2. Election. By a special election held to fill the office
for the remaining balance of the unexpired term as provided by law.
(Code of Iowa, Sec. 372.13 [2b])
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.
(Code of Iowa, Sec. 68B.22)
[The next page is 35]
CHAPTER 6
CITY ELECTIONS
|
6.01 Nominating Method to be Used |
6.04 Preparation of Petition and Affidavit |
|
6.02 Nominations by Petition |
6.05 Filing, Presumption, Withdrawals, Objections |
|
6.03 Adding Name by Petition |
6.06 Persons Elected |
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.
(Code of Iowa, Sec. 376.3)
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.
(Code of Iowa, Sec. 45.1)
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.
(Code of Iowa, Sec. 45.2)
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.
(Ord. 455 – Jun. 03 Supp.)
(Code of Iowa, Sec. 45.3, 45.5 & 45.6)
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.
(Code of Iowa, Sec. 45.4)
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.
(Code of Iowa, Sec. 376.8[3])
° ° °
° ° °
° ° °
°
CHAPTER 7
FISCAL MANAGEMENT
|
7.01 Purpose |
7.06 Budget Amendments |
|
7.02 Finance Officer |
7.07 Accounting |
|
7.03 Cash Control |
7.08 Financial Reports |
|
7.04 Fund Control |
7.09 Bids or Quotations Required |
|
7.05 Operating Budget Preparation |
|
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.
(Code of Iowa, Sec. 384.21, 12B.10, 12C.1)
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.
(IAC, 545-2.5 [384,388], Sec. 2.5[2])
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.
(IAC, 545-2.5[384,388] Sec. 2.5[3])
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.
(IAC, 545-2.5[384,388] Sec. 2.5[4])
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.
(IAC, 545-2.5[384,388], Sec. 2.5[5])
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.
(Code of Iowa, Sec. 384.16[3])
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.
(Code of Iowa, Sec. 384.16[2])
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.
(Code of Iowa, Sec. 384.16[5])
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.
(Code of Iowa, Sec. 384.18)
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.
(IAC, 545-2.2 [384, 388])
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.
(IAC, 545-2.3 [384, 388])
3. Activity Transfer. Any transfer of appropriation from
one activity to another activity within a program must be approved by
resolution of the Council.
(IAC, 545-2.4 [384, 388])
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.
(IAC, 545-2.4 [384, 388])
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.
(Code of Iowa, Sec. 384.22)
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.
(Ord. 502 – Nov. 05 Supp.)
CHAPTER 8
INDUSTRIAL PROPERTY TAX EXEMPTIONS
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8.01 Purpose |
8.05 Reconstruction Approval |
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8.02 Definitions |
8.06 Application for Exemption |
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8.03 Exemption Granted |
8.07 Repeal of Exemption Provisions |
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8.04 Exemption Ineligibility |
8.08 New Construction Tax Exemption Guarantee |
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.
CHAPTER 9
ECONOMIC DEVELOPMENT PROPERTY TAX
EXEMPTION
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9.01 Purpose |
9.03 Eligibility |
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9.02 Definitions |
9.04 Application |
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.
CHAPTER 10
URBAN RENEWAL
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EDITOR’S NOTE |
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The following ordinances not codified herein, and
specifically saved from repeal, have been adopted establishing Urban
Renewal Areas in the City and remain in full force and effect.
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ORDINANCE NO. |
ADOPTED |
NAME OF AREA |
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318 |
December 29, 1994 |
Doherty & Gustafson Additions Urban Renewal Project Area
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319 |
December 29, 1994 |
N.W. Railroad Creek and N. 11th Street Urban Renewal
Project Area
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320 |
December 29, 1994 |
Lundsgaard Addition Urban Renewal Project Area
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321 |
December 29, 1994 |
Water Tower Southeast Urban Renewal Project Area
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367 |
September 9, 1997 |
Schoon Industrial Park Urban Renewal Project Area
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394 |
December 15, 1998 |
Water Tower Southeast Urban Renewal Project Area, Amendment #1 Area
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CHAPTER 11
URBAN REVITALIZATION
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EDITOR’S NOTE |
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The following ordinances not codified herein, and
specifically saved from repeal, have been adopted designating Urban
Revitalization Areas in the City and remain in full force and effect.
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ORDINANCE NO. |
ADOPTED |
NAME OF AREA |
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457 |
December 10, 2002 |
Cherokee Revitalization Area
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CHAPTER 15
MAYOR
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15.01 Term of Office |
15.04 Compensation |
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15.02 Powers and Duties |
15.05 Voting |
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15.03 Appointments |
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15.01 TERM OF OFFICE. The Mayor is
elected for a term of four (4) years.
(Code of Iowa, Sec. 376.2)
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.
(Code of Iowa, Sec. 372.14[1])
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.
(Code of Iowa, Sec. 372.14[2])
3. Special Meetings. Call special meetings of the Council
when the Mayor deems such meetings necessary to the interests of the City.
(Code of Iowa, Sec. 372.14[1])
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.
(Code of Iowa, Sec. 380.5 & 380.6[2])
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:
(Code of Iowa, Sec. 372.4)
Police Chief
Library Board of Trustees
Historic Preservation Commission
(Ord. 435 – Dec. 01 Supp.)
15.04 COMPENSATION. The salary of
the Mayor is six thousand dollars ($6,000.00) per year, payable monthly. (Ord.
442 – Dec. 01 Supp.)
(Code of Iowa, Sec. 372.13[8])
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.)
(Code of Iowa, Sec. 372.4)
CHAPTER 16
MAYOR PRO TEM
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