TITLE II POLICY AND ADMINISTRATION

CHAPTER 9 CITY COUNCIL

2-9-1 – Powers and Duties
2-9-2 – Exercise of Power
2-9-3 – Meetings

2-9-1 – POWERS AND DUTIES.

The powers and duties of the City Council include, but are not limited to the following:

1. General. All powers of the City are vested in the City Council except as otherwise provided by law or ordinance. (Code of Iowa, Sec. 364.2(1))
2. Wards. By ordinance, the City Council may divide the City into wards based upon population, change the boundaries of wards, eliminate wards or create new wards. (Code of Iowa, Sec. 372.13(7))
3. Fiscal Authority. The City Council shall apportion and appropriate all funds, and audit and allow all bills, accounts, payrolls and claims, and order payment thereof. It shall make all assessments for the cost of street improvements, sidewalks, sewers and other work, improvement or repairs which may be specially assessed. (Code of Iowa, Sec. 364.2(1), 384.16 & 384.38(1))
4. Public Improvements. The City Council shall make all orders for the doing of work, or the making or construction of any improvements, bridges or buildings. (Code of Iowa, Sec. 364.2(1))
5. Contracts. The City Council shall make or authorize the making of all contracts, and no contract shall bind or be obligatory upon the City unless either made by ordinance or resolution adopted by the City Council, or reduced to writing and approved by the City Council, or expressly authorized by ordinance or resolution adopted by the City Council. (Code of Iowa, Sec. 364.2(1) & 384.95 through 384.102)
6. Employees. The City Council shall authorize, by resolution, the number, duties, term of office and compensation of employees or officers not otherwise provided for by the State law or the Code of Ordinances. (Code of Iowa, Sec. 372.13(4))
7. Setting Compensation for Elected Officers. By ordinance, the City Council shall prescribe the compensation of the Mayor, City Council members, and other elected City officers, but a change in the compensation of the Mayor does not become effective during the term in which the change is adopted, and the City Council shall not adopt such an ordinance changing the compensation of any elected officer during the months of November and December in the year of a regular City election. A change in the compensation of City Council members becomes effective for all City Council members at the beginning of the term of the City Council members elected at the election next foIlowing the change in compensation. (Code of Iowa, Sec. 372.13(8))

2-9-2 – EXERCISE OF POWER.

The City Council shall exercise a power only by the passage of a motion, a resolution, an amendment, or an ordinance in the following manner: (Code of Iowa, Sec. 364.3(1))

1. Approved Action by the City Council. Passage of an ordinance, amendment, or resolution requires an affirmative vote of not less than a majority of the City Council members. A motion to spend public funds in excess of ten thousand doIlars ($10,000) on anyone project, or a motion to accept public improvements and facilities upon their completion also requires an affirmative vote of not less than a majority of the City Council members. Each Council member’s vote on an ordinance, amendment or resolution must be recorded. (Code of Iowa, Sec. 380.4)
2. Overriding Mayor’s Veto. Within thirty (30) days after the Mayor’s veto, the City Council may repass the ordinance or resolution by a vote of not less than two-thirds of the City Council members, and the ordinance or resolution becomes effective upon repassage and publication. (Code of Iowa, Sec. 380.6(2))
3. Measures Become Effective. Measures passed by the City Council, other than motions, become effective in one of the foIlowing ways:
   1. If the Mayor signs the measure, a resolution becomes effective immediately upon signing and an ordinance or amendment becomes a law when published, unless a subsequent effective date is provided within the measure. (Code of Iowa, Sec. 380.6(1))
   2. If the Mayor vetoes a measure and the City Council repasses the measure after the Mayor’s veto, a resolution becomes effective immediately upon repassage, and an ordinance or amendment becomes a law when published unless a subsequent effective date is provided with the measure. (Code of Iowa, Sec. 380.6(2))
   3. If the Mayor takes no action on the measure, a resolution becomes effective fourteen (14) days after the date of passage and an ordinance or amendment becomes law when published, but not sooner than fourteen (14) days after the day of passage, unless a subsequent effective date is provided within the measure. (Code of Iowa, Sec. 380.6(3))

2-9-3 – MEETINGS.

Procedures for giving notice of meetings of the City Council and other provisions regarding the conduct of City Council meetings are contained in Title II, Chapter 6 of this Code of Ordinances. Additional particulars relating to City Council meetings are the following:

1. Regular Meetings. The regular meetings of the City Council are on the first Tuesdays of each month at seven o’clock (7 :00) p.m. in the City Council Chambers at City Hall. If such day falls on a legal holiday or other reason, the meeting is held on such different day or time as determined by the City Council.
2. Special Meetings. Special meetings shall be held upon call of the Mayor or upon the written request of a majority ofthe members ofthe City Council submitted to the City Clerk. Notice of a special meeting shall specify the date, time, place and subject of the meeting and such notice shall be given personally or left at the usual place of residence of each member of the City Council. A record of the service of notice shall be maintained by the City Clerk. (Code of Iowa, Sec. 372.13(5))
3. Quorum. A majority of all City Council members is a quorum. (Code of Iowa, Sec. 372.13(1))
4. Rules of Procedure. The City Council shall determine its own rules and maintain records of its proceedings. (Code of Iowa, Sec. 372.13(5))
5. Compelling Attendance. Any three (3) members of the City Council can compel the attendance of the absent members at any regular, adjourned or duly called meeting, by serving a written notice upon the absent members to attend at once.

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