CODE OF ORDINANCES

CHAPTER 1

NOTICE - THE OFFICIAL CITY OF CRESTON ORDINANCE BOOK IS KEPT IN THE CITY CLERKS OFFICE. ORDINANCES LISTED HERE MAY NOT BE THE LATEST VERSION, OR MAY CONTAIN ERRORS.

INDEX - CLICK HERE

TABLE OF CONTENTS - CLICK HERE

SUPPLEMENT RECORD - CLICK HERE

CODE OF ORDINANCES (Updated July 25, 2011)

1.01 Title	1.07 Amendments
1.02 Definitions	1.08 Catchlines and Notes
1.03 City Powers	1.09 Altering Code
1.04 Indemnity	1.10 Standard Penalty
1.05 Personal Injuries	1.11 Severability
1.06 Rules of Construction

1.01 TITLE. This code of ordinances shall be known and may be cited as the Code of Ordinances of the City of Creston, Iowa, 1996.

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 Creston, Iowa.

3. “Clerk” means the city clerk of Creston, 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 Creston, Iowa, 1996.

6. “Council” means the city council of Creston, Iowa.

7. “County” means Union 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 “Ordinances” means the ordinances of the City of Creston, Iowa, as embodied in the Code of Ordinances, ordinances not repealed by the ordinance adopting the Code of Ordinances, and those enacted hereafter.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 shall include 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 the Code of Ordinances shall include proper reference to title, division, chapter, section and subsection 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, division, 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 this Code of Ordinances for violation of any particular provision, section, or chapter, any person failing to perform a duty required by this Code of Ordinances or otherwise violating any provision of this Code of Ordinances or any rule or regulation adopted herein by reference shall, upon conviction, be subject to a fine of at least sixty-five dollars ($65.00) but not to exceed six hundred twenty-five dollars ($625.00). The court may order imprisonment not to exceed thirty (30) days in lieu of a fine or in addition to a fine.

(Code of Iowa, Sec. 364.3[2] and 903.1[1a])

(Ord. 10-116 – Oct. 09 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.

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CHAPTER 3

BOUNDARIES

3.01 Establishment of Ward Boundaries	3.03 Boundaries to Be Effective for All Elections
3.02 Property Numbering System	3.04 Voter Precincts

3.01 ESTABLISHMENT OF WARD BOUNDARIES. The boundaries of the five (5) wards in the City, to be known as “First Ward”, “Second Ward”, “Third Ward”, “Fourth Ward”, and “Fifth Ward”, are hereby established in and for the City, as follows:

1. First Ward. First Ward comprises a geographical area in the north central portion of the City and the boundaries thereof are established as follows:

An area comprising all of that portion of the incorporated limits of the City lying within the boundaries of a line commencing at a point on the north corporation line with the intersection of Hurley Creek, thence southerly along the centerline of Hurley Creek to the intersection of Hurley Creek, Swan Street and North Maple Street, thence easterly along the centerline of Swan Street to the intersection of North Pine Street, thence southerly along the centerline of North Pine Street to the intersection of West Mills Street, thence westerly along the centerline of West Mills Street to the intersection of North Sycamore Street, thence northerly along the centerline of North Sycamore Street to Townline Street, thence westerly along the centerline of Townline Street to the intersection of North Lincoln Street, thence northerly along the centerline of North Lincoln Street to the North Corporation line, thence easterly along the North Corporation line to the Hurley Creek, or the place of beginning.

2. Second Ward. Second Ward comprises a geographical area situated in the northwest portion of the City and the boundaries thereof are established as follows:

An area comprising all of that portion of the incorporated limits of the City lying within the boundaries of a line commencing at a point on the North Corporation line where the projected centerline of North Lincoln Street intersects said North Corporation line, thence southerly along the centerline of North Lincoln Street to its intersection with Townline Street, thence easterly along the centerline of West Townline Street to the intersection of North Sycamore Street, thence southerly along the centerline of North Sycamore Street to West Montgomery Street, thence westerly along the centerline of West Montgomery Street to the intersection of North Lincoln Street, thence southerly along the centerline of North Lincoln Street to the intersection of West Adams Street, thence westerly along the centerline of West Adams Street to the intersection of Cottonwood Street, or the West Corporation boundary of the City, thence northerly along the West Corporation line to the North Corporation line, thence easterly along the North Corporation line to the centerline of North Lincoln Street, or the place of beginning.

3. Third Ward. Third Ward comprises a geographical area situated in the southwest portion of the City and the boundaries thereof are established as follows:

An area comprising all of that portion of the incorporated limits of the City lying within the boundaries of a line commencing at the intersection of the centerline of West Adams Street and the West Corporate line, thence southerly and westerly along the West Corporation line to the South Corporation line, thence easterly along the South Corporation line to a point on the South Corporation line coinciding with the centerline of South Cherry Street, thence northerly along the centerline of South Cherry Street to the intersection of Ringgold Street to South Oak Street, thence northerly along the centerline of South Oak Street to the intersection of West Taylor Street, thence westerly to the intersection of South Division Street, thence northerly along the centerline of South Division Street to the intersection of West Union Street, thence westerly along the centerline of West Union Street to the intersection of New York Avenue, thence northerly and easterly along the centerline of New York Avenue to the intersection of West Jefferson Street, thence westerly along the centerline of West Jefferson Street to the intersection of South Spruce Street, thence northerly along the centerline of South Spruce Street, continuing along the centerline of North Spruce Street to the intersection of West Montgomery Street, thence westerly along the centerline of West Montgomery Street to the intersection of Lincoln Street, thence southerly along the centerline of North Lincoln Street to the intersection of Adams Street, thence westerly along the centerline of West Adams Street to the intersection of Cottonwood and the West Corporation boundary, or the place of beginning.

4. Fourth Ward. Fourth Ward comprises a geographical area situated in the southeast portion of the City and boundaries thereof are established as follows:

An area comprising all of that portion of the incorporated limits of the City lying within the boundaries of a line commencing at a point where East Howard Street intersects Osage Street in the east corporation line, thence westerly along the centerline of East Howard Street to the intersection of North Pine Street, thence southerly along the centerline of North Pine Street to the intersection of West Mills Street, thence westerly along the centerline of West Mills Street to the intersection of North Sycamore Street, thence southerly along the centerline of North Sycamore Street to the intersection of West Montgomery Street, thence westerly along the centerline of West Montgomery Street to the intersection of North Spruce Street, thence southerly along the centerline of North Spruce Street, continuing along the centerline of South Spruce Street to the intersection of West Jefferson Street, thence easterly along the centerline of West Jefferson Street to the intersection of New York Avenue, thence southerly and westerly to the intersection of West Union Street, thence easterly along the centerline of West Union Street to the intersection of South Division Street, thence southerly along the centerline of South Division Street to the intersection of West Taylor Street, thence easterly along the centerline of West Taylor Street to the intersection of South Oak Street, thence southerly along the centerline of South Oak Street to the intersection of Ringgold Street, thence easterly along the centerline of Ringgold Street to the intersection of South Cherry Street, thence southerly along the centerline of South Cherry Street to the South Corporation line, thence easterly along the South Corporation line to the East Corporation line, thence north and northeasterly on the East Corporation line to the intersection of the Eastern Corporation line and Osage Street, thence northerly along the centerline of Osage Street to the intersection of East Howard Street, or the place of beginning.

5. Fifth Ward. Fifth Ward comprises a geographical area situated in the northeast portion of the City and the boundaries thereof are established as follows:

An area comprising all of that portion of the incorporated limits of the City lying within the boundaries of a line commencing at the point on East Townline Street at the northeast corner of the City to the intersection of the East Corporation line and the North Corporation line, thence westerly along East Townline Street, or the North Corporation line, to the intersection of East Townline Street and the centerline of the Burlington Northern, Inc. right-of-way, thence northerly and northeasterly along said centerline of the Burlington-Northern, Inc., right-of-way or the East Corporation line to the North Corporation line, thence westerly along said North Corporation line to the intersection of said North Corporation line and the center of Hurley Creek, thence southerly along the centerline of Hurley Creek to the intersection of Hurley Creek, Swan Street and North Maple Street, thence easterly along the centerline of Swan Street to the intersection of North Pine Street, thence southerly along the centerline of North Pine Street to the intersection of Howard Street, thence easterly along the centerline of East Howard Street to its intersection with Osage Street, or the East Corporation line, thence northerly along the East Corporation line to the intersection of Osage Street and East Townline Street, or the place of beginning.

3.02 PROPERTY NUMBERING SYSTEM. This chapter shall not be construed as repealing or in any manner changing the system of numbering properties for address purposes in the City, which heretofore established Adams Street as a base line or dividing line between the north and south portions of the City for numbering purposes and which heretofore established Pine Street as the base line or dividing line between the east and west portions of the City for numbering purposes.

3.03 BOUNDARIES TO BE EFFECTIVE FOR ALL ELECTIONS. The boundaries or limits of the five (5) wards in the City, as set forth and delineated in this chapter, shall govern and be effective for any and all City municipal primary or general special elections in the City. Said boundaries shall be binding upon any and all voters and electors who may vote in any of said elections and upon any and all officers charged with conducting said elections, as well as all election officials, including the Clerks and Judges of any such election board. The boundaries of said wards shall also be binding upon any and all persons who may be candidates in any of the elections enumerated in this section.

3.04 VOTER PRECINCTS. The City is divided into five (5) election precincts. The boundaries of the five (5) Election Precincts in the City, to be known as the First Precinct, Second Precinct, Third Precinct, Fourth Precinct and Fifth Precinct, are hereby established as follows:

1. Precinct One. Precinct One consists of the boundaries outlined in Code Section 3.01(1) “First Ward” of the City of Creston.

2. Precinct Two. Precinct Two consists of the boundaries established in Code Section 3.01(2) “Second Ward” and includes the areas of Douglas and Spaulding Townships, County of Union.

3. Precinct Three. Precinct Three consists of the boundaries established in Code Section 3.01(3) “Third Ward” of the City of Creston.

4. Precinct Four. Precinct Four consists of the boundaries established in Code Section 3.01(4) “Fourth Ward” and includes the area of Highland Township, County of Union.

5. Precinct Five. Precinct Five consists of the boundaries established in Code Section 3.01(5) “Fifth Ward” and includes the area of Lincoln Township, County of Union.

(Ch. 3 ‑ Ord. 12-133 – Oct. 11 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 or 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 $500.00

B. Each Repeat Offense - Not to exceed $750.00

(Ord. 00-50 – Sep. 00 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 shall be 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 shall be punishable by a penalty of not more than one thousand dollars ($1,000.00) for each occurrence. However, an environmental violation shall not be 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.

(Code of Iowa, Sec. 364.22 [4])

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. A copy of the citation may be served by personal service as provided in Rule of Civil Procedure 1.305, 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 1.310 and subject to the conditions of Rule of Civil Procedure 1.311. A copy of the citation shall be retained by the issuing officer, and the original citation 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.

8. The legal description of the affected real property, if applicable.

If the citation affects real property and charges a violation relating to the condition of the property, including a building code violation, a local housing regulation violation, a housing code violation, or a public health or safety violation, after filing the citation with the Clerk of the District Court, the City shall also file the citation in the office of the County Treasurer.

(Ord. 11-127 – Oct. 10 Supp.)

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])

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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 Unlawful Use of City Property
5.06 Meetings	5.12 Gifts

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 Creston 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 inspection by the public upon request, unless some other provisions of law expressly limit such right or require such records to be kept confidential.

(Code of Iowa, Sec. 22.1 & 22.2)

5.05 TRANSFER TO SUCCESSOR. Each officer shall transfer to the officer’s 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 multimembered 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 Iowa Code.

(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 Iowa Code.

(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])

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 UNLAWFUL USE OF CITY PROPERTY. No person shall use or

permit any other person to use the property owned by the City for any private purpose and for personal gain, to the detriment of the City.

(Code of Iowa, Sec. 721.2[5])

5.12 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 29]

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. Each eligible elector who signs a nominating petition shall add to the signature the elector’s residence address, and date of signing. The person whose nomination is proposed by the petition shall not sign it. Each candidate shall complete and file a signed, notarized affidavit of candidacy. The affidavit shall be filed at the same time as the nomination petition. The affidavit shall be in the form prescribed by the Secretary of State and shall include information required by the Code of Iowa.

(Code of Iowa, Sec. 45.3)

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])

[The next page is 35]

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 Unauthorized Expenditure
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 Finance Officer 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 City Administrator shall be custodian of a petty cash fund not to exceed one hundred dollars ($100.00) for the payment of small claims for minor purchases, collect-on-delivery transportation charges and small fees customarily paid at the time of rendering a service for which payments the City Administrator 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 City Administrator 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.

(Ord. 04-72 – Mar. 04 Supp.)

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 shall be 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 no later than January 15 of each year and in such form as may be required by the Finance Officer.

3. Submission to Council. The Finance Officer shall submit the completed budget proposal to the Council no later than February 1 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 four (4) 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 any two of the following officers — the Finance Officer, Clerk and Mayor — 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, sub-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.

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 October 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 published annual report must be furnished to the Auditor of State.

(Code of Iowa, Sec. 384.22)

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

(Code of Iowa, Sec. 721.2[1])

[The next page is 45]

CHAPTER 8

INDUSTRIAL PROPERTY TAX EXEMPTIONS

8.01 Purpose	8.06 Applications
8.02 Definitions	8.07 Approval
8.03 Period of Partial Exemption	8.08 Exemption Repealed
8.04 Amounts Eligible for Exemption	8.09 Dual Exemptions Prohibited
8.05 Limitations

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:

1. “Actual value added” means the actual value added as of the first year for which the exemption 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.

2. “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.

3. “New construction” means new buildings and structures and includes new buildings and structures which are constructed as additions to existing buildings and structures. New construction does not include reconstruction of an existing building or structure which does not constitute complete replacement of an existing building or structure or refitting of an existing building or structure unless the reconstruction of an existing building or structure is required due to economic obsolescence and the reconstruction is necessary to implement recognized industry standards for the manufacturing and processing of specific products and the reconstruction is required for the owner of the building or structure to continue competitively to manufacture or process those products, which determination shall receive prior approval from the City Council of the City upon the recommendation of the Iowa Department of Economic Development.

4. “New machinery and equipment assessed as real estate” 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.

5. “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.

6. “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 PERIOD OF PARTIAL EXEMPTION. 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, is eligible to receive a partial exemption from taxation for a period of five (5) years.

8.04 AMOUNTS ELIGIBLE FOR EXEMPTION. 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%)

8.05 LIMITATIONS. The granting of the exemption under this chapter shall be limited as follows:

1. New construction constituting complete replacement of an existing building or structure shall not 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;

2. No exemptions shall be allowed for new construction located within an area subject to a tax incremental financing within the James Subdivision Urban Development area.

(Ord. 98-30 - Nov. 98 Supp.)

8.06 APPLICATIONS. An application shall be filed for each project resulting in actual value added for which an exemption is claimed.

1. The application for exemption shall be filed by the owner of the property with the local assessor by February 1 of the assessment year in which the value added is first assessed for taxation.

2. Applications for exemption shall be made on forms prescribed by the Director of Revenue and shall contain information pertaining to the nature of the improvement, its cost, and other information deemed necessary by the Director of Revenue.

8.07 APPROVAL. A person may submit a proposal to the City Council to receive prior approval for eligibility for a tax exemption on new construction. If the City Council resolves to consider such proposal, it shall publish notice and hold a public hearing thereon. Thereafter, at least thirty days after such hearing the City Council, by ordinance, may give its prior approval of a tax exemption for new construction if the new construction is in conformance with City zoning. Such prior approval shall not entitle the owner to exemption from taxation until the new construction has been completed and found to be qualified real estate.

8.08 EXEMPTION REPEALED. When in the opinion of the City Council continuation of the exemption granted by this chapter ceases to be of benefit to the City, the City Council may repeal this chapter, but all existing exemptions shall continue until their expiration.

8.09 DUAL EXEMPTIONS PROHIBITED. A property tax exemption under this chapter shall not be granted if the property for which the exemption is claimed has received any other property tax exemption authorized by law.

° ° ° ° ° ° ° ° ° °

CHAPTER 10

COMMERCIAL PROPERTY TAX EXEMPTIONS

10.01 Designation of Urban Revitalization Area	10.05 Tax Exemption Schedule
10.02 Applicability to Commercial Property	10.06 Relocation
10.03 Definitions	10.07 Outside Funding Assistance
10.04 Qualifications for Eligibility	10.08 Application and Prior Approval

10.01 DESIGNATION OF URBAN REVITALIZATION AREA. In accordance with Chapter 404 of the Code of Iowa, the City has designated an urban revitalization area and has adopted an urban revitalization plan for said area. The geographic description of the Urban Revitalization District is the entire area within the corporate boundaries of the City.

10.02 APPLICABILITY TO COMMERCIAL PROPERTY. The revitalization is applicable to all commercial property within the designated district. The revitalization is for both new construction and rehabilitation/additions of existing structures. The District was designed a revitalization area on January 4, 1994, and shall continue through December 31, 2013. (Ord. 03-70 – Nov. 03 Supp.)

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

1. “Date of beginning of new construction of a building” means the date on which occurs the first placement of permanent construction materials which are to become part of a building, such as pouring of slabs or footings, or any work beyond the stage of excavation.

2. “Date of beginning of rehabilitation of or additions to an existing building” means, with respect to each individual project involving rehabilitation or additions, the earliest date of which either of the following occurs: the first placement of permanent construction materials which are to become a physical portion of the rehabilitation or addition; or the first alteration of any wall, ceiling, floor or other structural part of the existing building.

3. “Qualified tenant” means the legal occupant of a commercial unit which is located within the District and who has occupied the same unit continuously since one year prior to the City’s adoption of the revitalization plan.

10.04 QUALIFICATIONS FOR ELIGIBILITY. Improvements are eligible for the tax abatement plan provided they satisfy all of the following requirements:

1. The improvements must be added during the time the area is designated as a revitalization area.

2. Improvements, consisting of rehabilitation or additions to existing buildings, must increase the actual value of the qualified real estate by at least fifteen percent (15%).

3. The improvements must be completed in accordance with all applicable zoning and other regulations of the City.

4. The improvements must not be located within an area subject to tax incremental financing within an area described as follows:

An area bounded by Cottonwood on the west, Lincoln Street on the east, Townline Road on the north; and Spencer Street as extended straight through from Lincoln Street to Cottonwood on the south.

(Ord. 01-54 ‑ May 01 Supp.)

10.05 TAX EXEMPTION SCHEDULE. Each property owner may implement upon application and approval by the Council, as follows: All qualified real estate is eligible to receive a partial exemption from taxation on the actual value added by the improvements for a period of five (5) years. The amount of partial exemption is equal to a percent of the actual value added by the improvements determined as follows:

1. First year, eighty percent (80%);

2. Second year, sixty percent (60%);

3. Third year, forty percent (40%);

4. Fourth year, thirty percent (30%);

5. Fifth year, fifteen percent (15%).

10.06 RELOCATION. In the event relocation occurs as a result of the tax abatement program, the following provisions must be met:

1. Benefits. Upon application for and verification of eligibility for tax abatement to a property owner by the City, qualified tenants in designated areas, whose displacement is due to action on the part of a property owner to qualify for tax abatement under the revitalization plan, shall be compensated by the property owner for one month’s rent and for actual reasonable moving and related expenses.

2. Eligibility. “Qualified tenant” as used in the revitalization plan means the legal occupant of a commercial unit which is located within the district and who has occupied the same unit continuously since one year prior to the City’s adoption of the revitalization plan.

3. Actual reasonable moving and related expenses for which a qualified tenant of a commercial unit is entitled to include:

A. Transportation of the displaced person and personal property from the displacement to the replacement site. Transportation costs for a distance beyond twenty-five (25) miles are not eligible.

B. Packing, crating, unpacking and uncrating of personal property.

C. Disconnecting, dismantling, removing, reassembling and reinstalling relocated household appliances and other personal property.

4. Least Costly Approach. The amount of compensation for an eligible expense shall not exceed the least costly method of accomplishing the objective of the compensation without causing undue hardship to the displaced tenant and/or landlord.

10.07 OUTSIDE FUNDING ASSISTANCE. The City may seek Federal and/or State grant or loan programs in developing proposed projects. Federal programs are available through the Department of Housing and Urban Development (HUD) and the Farmers Home Administration (FmHA). State programs are available through the Iowa Housing Finance Authority and the Iowa Department of Economic Development.

10.08 APPLICATION AND PRIOR APPROVAL. A person may submit a proposal for an improvement project to the Council to receive prior approval for eligibility for a tax exemption on the project. The Council shall, by resolution, give its prior approval for an improvement project if the project is in conformance with the plan for revitalization. Such prior approval shall not entitle the owner to exemption from taxation until the improvements have been completed and found to be qualified real estate; however, if the proposal is not approved, the person may submit an amended proposal for the Council to approve or reject. All prior approvals for an improvement project shall be effective for a period of one year from the date of prior approval of the City; if construction has not begun by that date, prior approval is null and void. An application shall be filed for each new exemption claimed.

1. The first application for an exemption shall be filed by the owner of the property with the Council by February 1 of the assessment year for which the exemption is first claimed, but not later than February 1 of the assessment year following the assessment year in which all improvements included in the project are first assessed for taxation. The application shall contain, but not be limited to, the following information:

A. The nature of the improvement;

B. The cost of the improvement;

C. The estimated or actual date of completion;

D. The tenants that occupied the owner’s building on the date the City adopted the resolution of finding.

2. The Council shall approve the application, subject to review by the local assessor, if the project is in conformation with the plan for revitalization developed by the City, is located within a designated revitalization area, and if the improvements were made during the time the area was so designated. The Council shall forward for review all approved applications to the appropriate local assessor by March 1 of each year. Applications for exemptions for succeeding years for approved projects shall not be required.

CHAPTER 15

MAYOR

15.01 Term of Office	15.04 Compensation
15.02 Powers and Duties	15.05 Voting
15.03 Appointments

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. (Ord. 00-46 – Apr. 00 Supp.)

(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. If the Mayor exercises such veto power, the Mayor shall explain the reason for such veto in a written message to the Council at the time of the veto. The Council may override the Mayor’s veto by a two-thirds majority of the Council members.

(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. (Repealed by Ordinance No. 00-46 – Apr. 00 Supp.)

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

8. (Repealed by Ordinance No. 00-46 – Apr. 00 Supp.)

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. (Repealed by Ordinance No. 00-46 – Apr. 00 Supp.)

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, Police Chief and Fire Chief, Finance Committee, and the Mayor also appoints, with Council approval, the following officials:

(Code of Iowa, Sec. 372.4)

1. Library Board of Trustees

2. Cemetery Board

3. Utility Board of Trustees

4. Civil Service Commission

5. Historic Preservation Commission

6. Zoning Board of Adjustment

7. Crest Area Arts and Recreation Center Board

8. Animal Control Officer.

In addition, the Mayor recommends individuals, for appointment by the Council, for membership on the Planning and Zoning Commission and Airport Commission.

(Ord. 00-46 – Apr. 00 Supp.)

15.04 COMPENSATION. The salary of the Mayor is forty-eight hundred dollars ($4800.00) per year, which sum includes $1200.00 to cover expenses. Effective January 1, 2008, the salary of the Mayor shall be one thousand dollars ($1,000.00) per month. (Ord. 06-96 – Oct. 06 Supp.)

(Code of Iowa, Sec. 372.13[8])

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

(Code of Iowa, Sec. 372.4)

[The next page is 89]

CHAPTER 17

COUNCIL

17.01 Number and Term of Council	17.04 Meetings
17.02 Powers and Duties	17.05 Appointments
17.03 Exercise of Power	17.06 Compensation

17.01 NUMBER AND TERM OF COUNCIL. The Council consists of two (2) Council Members elected at large and one Council Member from each of five (5) wards as established by the Code of Ordinances, elected for overlapping terms of four (4) years.

17.02 POWERS AND DUTIES. The powers and duties of the Council include, but are not limited to the following:

1. General. All powers of the City are vested in the Council except as otherwise provided by law or ordinance.

(Code of Iowa, Sec. 364.2[1])

2. Wards. By ordinance, the 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 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 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 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 Council, or reduced to writing and approved by the Council, or expressly authorized by ordinance or resolution adopted by the Council.

(Code of Iowa, Sec. 364.2[1] & 384.95 through 384.102)

6. Employees. The Council shall authorize, by resolution, the number, duties, term of office and compensation of employees or officers not otherwise provided for by State law or the Code of Ordinances.

(Code of Iowa, Sec. 372.13[4])

7. Records. The Council shall require the Clerk to maintain records of its proceedings.

(Code of Iowa, Sec. 372.13[3])

8. Setting Compensation for Elected Officers. By ordinance, the Council shall prescribe the compensation of the Mayor, 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 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 Council members becomes effective for all Council members at the beginning of the term of the Council members elected at the election next following the change in compensation.

(Code of Iowa, Sec. 372.13[8])

17.03 EXERCISE OF POWER. The 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. Action by Council. Passage of an ordinance, amendment or resolution requires a majority vote of all of the members of the Council. Passage of a motion requires a majority vote of a quorum of the Council. A resolution must be passed to spend public funds in excess of one hundred thousand dollars ($100,000.00) on a public improvement project, or to accept public improvements and facilities upon their completion. Each Council member’s vote on a measure must be recorded. A measure which fails to receive sufficient votes for passage shall be considered defeated. (Ord. 07-104 – Dec. 07 Supp.)

(Code of Iowa, Sec. 380.4)

2. Overriding Mayor’s Veto. Within thirty (30) days after the Mayor’s veto, the Council may repass the ordinance or resolution by a vote of not less than two-thirds of the 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 Council, other than motions, become effective in one of the following ways:

A. If the Mayor signs the measure, a resolution becomes effective immediately upon signing and an ordinance or amendment becomes a law when published, unless a subsequent effective date is provided within the measure.

(Code of Iowa, Sec. 380.6[1])

B. If the Mayor vetoes a measure and the 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 within the measure.

(Code of Iowa, Sec. 380.6[2])

C. If the Mayor takes no action on the measure a resolution becomes effective fourteen (14) days after the date of passage and an ordinance or amendment becomes law when published, but not sooner than fourteen (14) days after the day of passage, unless a subsequent effective date is provided within the measure.

(Code of Iowa, Sec. 380.6[3])

17.04 MEETINGS. Procedures for giving notice of meetings of the Council and other provisions regarding the conduct of Council meetings are contained in Section 5.06 of this Code of Ordinances. Additional particulars relating to Council meetings are the following:

1. Regular Meetings. The time and place of the regular meetings of the Council shall be fixed by resolution of the Council.

2. Special Meetings. Special meetings shall be held upon call of the Mayor or upon the written request of a majority of the members of the Council submitted to the 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 Council. A record of the service of notice shall be maintained by the Clerk.

(Code of Iowa, Sec. 372.13[5])

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

(Code of Iowa, Sec. 372.13[1])

4. Rules of Procedure. The Council shall determine the rules of its own proceedings by resolution and the Clerk shall keep such rules on file for public inspection.

(Code of Iowa, Sec. 372.13[5])

5. Compelling Attendance. Any three (3) members of the 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.

17.05 APPOINTMENTS. The Council shall appoint the following officials and prescribe their powers, duties, compensation and term of office:

1. City Clerk

2. City Attorney

3. Finance Officer

4. Public Works Director

5. Airport Commission, upon recommendation of the Mayor

6. Planning and Zoning Commission, upon recommendation of the Mayor.

17.06 COMPENSATION. The salary of each Council member is eighteen dollars ($18.00) for each meeting attended. Effective January 1, 2008, the salary of each Council member shall be three hundred dollars ($300.00) per month. (Ord. 06-96 – Oct. 06 Supp.)

(Code of Iowa, Sec. 372.13[8])

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CHAPTER 18

CITY CLERK

18.01 Appointment and Compensation	18.08 Records
18.02 Powers and Duties: General	18.09 Attendance at Meetings
18.03 Recording and Publication of Meeting Minutes	18.10 Issue Licenses and Permits
18.04 Recording Measures Considered	18.11 Notify Appointees
18.05 Publication	18.12 Elections
18.06 Authentication	18.13 City Seal
18.07 Certify Measures

18.01 APPOINTMENT AND COMPENSATION. The Council shall appoint by majority vote a City Clerk to serve at the pleasure of the Council. The Clerk shall receive such compensation as established by resolution of the Council.

(Code of Iowa, Sec. 372.13[3])

18.02 POWERS AND DUTIES: GENERAL. The Clerk, or in the Clerk’s absence or inability to act, the Deputy Clerk, has the powers and duties as provided in this chapter, this Code of Ordinances and the law.

18.03 RECORDING AND PUBLICATION OF MEETING MINUTES. The Clerk shall attend all regular and special Council meetings and within fifteen (15) days following a regular or special meeting shall cause the minutes of the proceedings thereof to be published. Such publication shall include a list of all claims allowed and a summary of all receipts and shall show the gross amount of the claim.

(Code of Iowa, Sec. 372.13[6])

18.04 RECORDING MEASURES CONSIDERED. The Clerk shall promptly record each measure considered by the Council, with a statement where applicable, indicating whether the Mayor signed, vetoed or took no action on the measure, and whether the measure was repassed after the Mayor’s veto.

(Code of Iowa, Sec. 380.7[1])

18.05 PUBLICATION. The Clerk shall cause to be published all ordinances, enactments, proceedings and official notices requiring publication as follows:

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

(Code of Iowa, Sec. 362.3[1])

2. Manner of Publication. A publication required by the Code of Ordinances or law must be in a newspaper published at least once weekly and having general circulation in the City.

(Code of Iowa, Sec. 362.3[2])

18.06 AUTHENTICATION. The Clerk shall authenticate all such measures except motions with the Clerk’s signature, certifying the time and manner of publication when required.

(Code of Iowa, Sec. 380.7[3])

18.07 CERTIFY MEASURES. The Clerk shall certify all measures establishing any zoning district, building lines, or fire limits and a plat showing the district, lines, or limits to the recorder of the County containing the affected parts of the City.

(Code of Iowa, Sec. 380.11)

18.08 RECORDS. The Clerk shall maintain the specified City records in the following manner:

1. Ordinances and Codes. Maintain copies of all effective City ordinances and codes for public use.

(Code of Iowa, Sec. 380.7[4])

2. Custody. Have custody and be responsible for the safekeeping of all writings or documents in which the City is a party in interest unless otherwise specifically directed by law or ordinance.

(Code of Iowa, Sec. 372.13[4])

3. Maintenance. Maintain all City records and documents, or accurate reproductions, for at least five (5) years except that ordinances, resolutions, Council proceedings, records and documents, or accurate reproductions, relating to the issuance, cancellation, transfer, redemption or replacement of public bonds or obligations shall be kept for at least eleven (11) years following the final maturity of the bonds or obligations. Ordinances, resolutions, Council proceedings, records and documents, or accurate reproductions, relating to real property transactions shall be maintained permanently.

(Code of Iowa, Sec. 372.13[3 & 5])

4. Provide Copy. Furnish upon request to any municipal officer a copy of any record, paper or public document under the Clerk’s control when it may be necessary to such officer in the discharge of such officer’s duty; furnish a copy to any citizen when requested upon payment of the fee set by Council resolution; under the direction of the Mayor or other authorized officer, affix the seal of the City to those public documents or instruments which by ordinance and Code of Ordinances are required to be attested by the affixing of the seal.

(Code of Iowa, Sec. 372.13[4 & 5] and 380.7 [4])

5. Filing of Communications. Keep and file all communications and petitions directed to the Council or to the City generally. The Clerk shall endorse thereon the action of the Council taken upon matters considered in such communications and petitions.

(Code of Iowa, Sec. 372.13[4])

18.09 ATTENDANCE AT MEETINGS. At the direction of the Council, the Clerk shall attend meetings of committees, boards and commissions. The Clerk shall record and preserve a correct record of the proceedings of such meetings.

(Code of Iowa, Sec. 372.13[4])

18.10 ISSUE LICENSES AND PERMITS. The Clerk shall issue or revoke licenses and permits when authorized by this Code of Ordinances, and keep a record of licenses and permits issued which shall show date of issuance, license or permit number, official receipt number, name of person to whom issued, term of license or permit and purpose for which issued.

(Code of Iowa, Sec. 372.13[4])

18.11 NOTIFY APPOINTEES. The Clerk shall inform all persons appointed by the Mayor or Council to offices in the City government of their position and the time at which they shall assume the duties of their office.

(Code of Iowa, Sec. 372.13[4])

18.12 ELECTIONS. The Clerk shall perform the following duties relating to elections and nominations:

1. In the event of a change in the method of nomination process used by the City, certify to the Commissioner of Elections the type of nomination process to be used by the City no later than seventy-seven (77) days before the date of the regular City election.

(Code of Iowa, Sec. 376.6)

2. Accept the nomination petition of a candidate for a City office for filing if on its face it appears to have the requisite number of signatures and is timely filed.

(Code of Iowa, Sec. 376.4)

3. Designate other employees or officials of the City who are ordinarily available to accept nomination papers if the Clerk is not readily available during normal working hours.

(Code of Iowa, Sec. 376.4)

4. Note upon each petition and affidavit accepted for filing the date and time that the petition was filed.

(Code of Iowa, Sec. 376.4)

5. Deliver all nomination petitions, together with the text of any public measure being submitted by the Council to the electorate, to the County Commissioner of Elections not later than five o’clock (5:00) p.m. on the day following the last day on which nomination petitions can be filed.

(Code of Iowa, Sec. 376.4)

18.13 CITY SEAL. The City seal is in the custody of the Clerk and shall be attached by the Clerk to all transcripts, orders and certificates which it may be necessary or proper to authenticate. The City seal is circular in form, in the center of which is the word “CRESTON” and around the margin of which are the words “CITY SEAL” and “IOWA.”

CHAPTER 20

CITY ATTORNEY

20.01 Appointment and Compensation	20.06 Opinion on Contracts
20.02 Attorney for City	20.07 Provide Legal Opinion
20.03 Power of Attorney	20.08 Attendance at Council Meetings
20.04 Ordinance Preparation	20.09 Prepare Documents
20.05 Review and Comment	20.10 Representation of City Employees

20.01 APPOINTMENT AND COMPENSATION. The Council shall appoint by majority vote a City Attorney to serve at the pleasure of the Council. The City Attorney shall receive such compensation as established by resolution of the Council.

20.02 ATTORNEY FOR CITY. The City Attorney shall act as attorney for the City in all matters affecting the City’s interest and appear on behalf of the City before any court, tribunal, commission or board. The City Attorney shall prosecute or defend all actions and proceedings when so requested by the Mayor or Council.

(Code of Iowa, Sec. 372.13[4])

20.03 POWER OF ATTORNEY. The City Attorney shall sign the name of the City to all appeal bonds and to all other bonds or papers of any kind that may be essential to the prosecution of any cause in court, and when so signed the City shall be bound upon the same.

(Code of Iowa, Sec. 372.13[4])

20.04 ORDINANCE PREPARATION. The City Attorney shall prepare those ordinances which the Council may desire and direct to be prepared and report to the Council upon all such ordinances before their final passage by the Council and publication.

(Code of Iowa, Sec. 372.13[4])

20.05 REVIEW AND COMMENT. The City Attorney shall, upon request, make a report to the Council and interested department heads, giving an opinion on all contracts, documents, resolutions, or ordinances submitted to or coming under the City Attorney’s notice.

(Code of Iowa, Sec. 372.13[4])

20.06 OPINION ON CONTRACTS. The City Attorney shall, at the request of the Council, offer a written opinion on and recommend alterations pertaining to contracts involving the City before they become binding upon the City.

(Code of Iowa, Sec. 372.13[4])

20.07 PROVIDE LEGAL OPINION. The City Attorney shall, upon request, give advice or a written legal opinion upon all questions of law relating to City matters submitted by the Mayor or Council.

(Code of Iowa, Sec. 372.13[4])

20.08 ATTENDANCE AT COUNCIL MEETINGS. The City Attorney shall attend meetings of the Council at the request of the Mayor or Council.

(Code of Iowa, Sec. 372.13[4])

20.09 PREPARE DOCUMENTS. The City Attorney shall, upon request, formulate drafts for contracts, forms and other writings which may be required for the use of the City.

(Code of Iowa, Sec. 372.13[4])

20.10 REPRESENTATION OF CITY EMPLOYEES. The City Attorney shall not appear on behalf of any City officer or employee before any court or tribunal for the purely private benefit of said officer or employee. The City Attorney shall, however, if directed by the Council, appear to defend any City officer or employee in any cause of action arising out of or in the course of the performance of the duties of his or her office or employment.

(Code of Iowa, Sec. 670.8)

CHAPTER 21

CITY ADMINISTRATOR

21.01 Office Created	21.03 Duties
21.02 Compensation

21.01 OFFICE CREATED. The office of City Administrator is hereby created, which office shall be filled by a majority vote of Council. The appointee shall hold office during the pleasure of the Council and shall be subject to removal by a majority vote of the Council.

21.02 COMPENSATION. The City Administrator shall receive such annual salary as the Council shall from time to time determine by resolution and the payment shall be made biweekly from the Treasury of the City in the manner provided for payment of other officers and employees.

21.03 DUTIES. The powers and duties of the City Administrator shall include the following:

1. Attend all meetings of the Council unless excused by the Council.

2. Attend meetings of the administrative boards and commissions of the City as required by the Council.

3. Administration of all ordinances, resolutions, Council policies, directives and procedures.

4. Recommend to the Council such measures as he or she deems necessary or expedient for good government and the welfare of the City.

5. Prepare and administer the City’s annual operating budget.

6. Keep the Council fully advised as to financial and other conditions of the City and of its future needs.

7. Prepare and submit to the Council annually the required budgets.

8. Be responsible for all bookkeeping and accounting procedures for the City in accordance with generally accepted accounting principles. Be responsible for the completion of the annual City audit through outside contractors.

9. Conduct a continuous study of the City government’s operating procedures, organizations and facilities and made recommendations for fiscal and other policy changes to the Council whenever necessary.

10. Supervision of City personnel through department heads.

11. Employ, reclassify or discharge all employees, subject to Council approval, subject to the provisions of the Veteran’s Preference law and the Civil Service law, except the City Clerk, Police Chief and Fire Chief.

12. Supervise the official conduct and work response of all officers and employees of the City who are appointed or employed by the City Administrator.

13. Evaluate or oversee the evaluations of the performance of all City employees.

14. Supervise all purchases of material and supplies and see that such materials and supplies are received and are of a quality and character called for and deemed necessary.

15. Supervise the maintenance and management of all City property, excluding streets, alleys and sewers and the property improvements and undertaking managed by the Municipal Utility Board of Trustees.

16. Cooperate with any administrative agency or utility board of trustees.

17. Perform other duties at the Council’s direction.

18. Negotiations. Represent the City in all negotiations properly entered into in accordance with law or ordinance. The City Administrator shall not represent the City where this duty is specifically delegated to another officer by law, ordinance, or Council direction.

19. 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 City Administrator shall act in accordance with the Code of Ordinances and the laws of the State.

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

(Subsections 18-20 added by Ord. 00-47 – Apr. 00 Supp.)

(Ch. 21 – Ord. 99-38 – Oct. 99 Supp.)

CHAPTER 22

LIBRARY BOARD OF TRUSTEES

22.01 Public Library	22.07 Nonresident Use
22.02 Library Trustees	22.08 Expenditures
22.03 Qualifications of Trustees	22.09 Annual Report
22.04 Organization of the Board	22.10 Injury to Books or Property
22.05 Powers and Duties	22.11 Theft
22.06 Contracting with Other Libraries	22.12 Notice Posted

22.01 PUBLIC LIBRARY. The free public library for the City is known as the Matilda J. Gibson Memorial Library. It is referred to in this chapter as the Library.

22.02 LIBRARY TRUSTEES. The Board of Trustees of the Library, hereinafter referred to as the Board, consists of four (4) resident members and one nonresident member. All resident members are to be appointed by the Mayor with the approval of the Council. The nonresident member is to be appointed by the County Board of Supervisors.

22.03 QUALIFICATIONS OF TRUSTEES. All resident members of the Board shall be bona fide citizens and residents of the City. The nonresident member of the Board shall be a bona fide citizen and resident of the unincorporated County. Members shall be over the age of eighteen (18) years.

22.04 ORGANIZATION OF THE BOARD. The organization of the Board shall be as follows:

1. Term of Office. All appointments to the Board shall be for six (6) years, except to fill vacancies. Each term shall commence on July first. Appointments shall be made every two (2) years of one-third (1/3) the total number or as near as possible, to stagger the terms.

2. Vacancies. The position of any resident Trustee shall be vacated if such member moves permanently from the City. The position of a nonresident Trustee shall be vacated if such member moves permanently from the County or into the City. The position of any Trustee shall be deemed vacated if such member is absent from six (6) consecutive regular meetings of the Board, except in the case of sickness or temporary absence from the City or County. Vacancies in the Board shall be filled in the same manner as an original appointment except that the new Trustee shall fill out the unexpired term for which the appointment is made.

3. Compensation. Trustees shall receive no compensation for their services.

22.05 POWERS AND DUTIES. The Board shall have and exercise the following powers and duties:

1. Officers. To meet and elect from its members a President, a Secretary, and such other officers as it deems necessary.

2. Physical Plant. To have charge, control and supervision of the Library, its appurtenances, fixtures and rooms containing the same.

3. Charge of Affairs. To direct all affairs of the Library.

4. Hiring of Personnel. To employ a librarian, and authorize the librarian to employ such assistants and employees as may be necessary for the proper management of the Library, and fix their compensation; provided, however, that prior to such employment, the compensation of the librarian, assistants and employees shall have been fixed and approved by a majority of the members of the Board voting in favor thereof.

5. Removal of Personnel. To recommend the removal of the librarian, by a two-thirds (2/3) vote of the Board, and provide procedures for the removal of the assistants or employees for misdemeanor, incompetence or inattention to duty, subject however, to the provisions of Chapter 35C of the Code of Iowa.

6. Purchases. To select, or authorize the librarian to select, and make purchases of books, pamphlets, magazines, periodicals, papers, maps, journals, other Library materials, furniture, fixtures, stationery and supplies for the Library within budgetary limits set by the Board.

7. Use by Nonresidents. To authorize the use of the Library by nonresidents and to fix charges therefor unless a contract for free service exists.

8. Rules and Regulations. To make and adopt, amend, modify or repeal rules and regulations, not inconsistent with this Code of Ordinances and the law, for the care, use, government and management of the Library and the business of the Board, fixing and enforcing penalties for violations.

9. Expenditures. To have exclusive control of the expenditure of all funds allocated for Library purposes by the Council, and of all moneys available by gift or otherwise for the erection of Library buildings, and of all other moneys belonging to the Library including fines and rentals collected under the rules of the Board.

10. Gifts. To accept gifts of real property, personal property, or mixed property, and devises and bequests, including trust funds; to take the title to said property in the name of the Library; to execute deeds and bills of sale for the conveyance of said property; and to expend the funds received by them from such gifts, for the improvement of the Library.

11. Enforce the Performance of Conditions on Gifts. To enforce the performance of conditions on gifts, donations, devises and bequests accepted by the City on behalf of the Library.

(Code of Iowa, Ch. 661)

12. Record of Proceedings. To keep a record of its proceedings.

13. County Historical Association. To have authority to make agreements with the local County historical association where such exists, and to set apart the necessary room and to care for such articles as may come into the possession of the association. The Trustees are further authorized to purchase necessary receptacles and materials for the preservation and protection of such articles as are in their judgment of a historical and educational nature and pay for the same out of funds allocated for Library purposes.

22.06 CONTRACTING WITH OTHER LIBRARIES. The Board has power to contract with other libraries in accordance with the following:

1. Contracting. The Board may contract with any other boards of trustees of free public libraries, with any other city, school corporation, private or semiprivate organization, institution of higher learning, township, or County, or with the trustees of any County library district for the use of the Library by their respective residents.

(Code of Iowa, Sec. 392.5 & Ch. 28E)

2. Termination. Such a contract may be terminated at any time by mutual consent of the contracting parties. It also may be terminated by a majority vote of the electors represented by either of the contracting parties. Such a termination proposition shall be submitted to the electors by the governing body of a contracting party on a written petition of not less than five (5) percent in number of the electors who voted for governor in the territory of the contracting party at the last general election. The petition must be presented to the governing body not less than forty (40) days before the election. The proposition may be submitted at any election provided by law that is held in the territory of the party seeking to terminate the contract.

22.07 NONRESIDENT USE. The Board may authorize the use of the Library by persons not residents of the City or County in any one or more of the following ways:

1. Lending. By lending the books or other materials of the Library to nonresidents on the same terms and conditions as to residents of the City, or County, or upon payment of a special nonresident Library fee.

2. Depository. By establishing depositories of Library books or other materials to be loaned to nonresidents.

3. Bookmobiles. By establishing bookmobiles or a traveling library so that books or other Library materials may be loaned to nonresidents.

4. Branch Library. By establishing branch libraries for lending books or other Library materials to nonresidents.

22.08 EXPENDITURES. All money appropriated by the Council for the operation and maintenance of the Library shall be set aside in an account for the Library. Expenditures shall be paid for only on orders of the Board, signed by its President and Secretary.

(Code of Iowa, Sec. 384.20 & 392.5)

22.09 ANNUAL REPORT. The Board shall make a report to the Council immediately after the close of the fiscal year. This report shall contain statements as to the condition of the Library, the number of books added, the number circulated, the amount of fines collected, and the amount of money expended in the maintenance of the Library during the year, together with such further information as may be required by the Council.

22.10 INJURY TO BOOKS OR PROPERTY. It is unlawful for a person willfully, maliciously or wantonly to tear, deface, mutilate, injure or destroy, in whole or in part, any newspaper, periodical, book, map, pamphlet, chart, picture or other property belonging to the Library or reading room.

(Code of Iowa, Sec. 716.1)

22.11 THEFT. No person shall take possession or control of property of the Library with the intent to deprive the Library thereof.

(Code of Iowa, Sec. 714.1)

22.12 NOTICE POSTED. There shall be posted in clear public view within the Library notices informing the public of the following:

1. Failure To Return. Failure to return Library materials for two (2) months or more after the date the person agreed to return the Library materials, or failure to return Library equipment for one (1) month or more after the date the person agreed to return the Library equipment, is evidence of intent to deprive the owner, provided a reasonable attempt, including the mailing by restricted certified mail of notice that such material or equipment is overdue and criminal actions will be taken, has been made to reclaim the materials or equipment.

(Code of Iowa, Sec. 714.5)

2. Detention and Search. Persons concealing Library materials may be detained and searched pursuant to law.

(Code of Iowa, Sec. 808.12)

° ° ° ° ° ° ° ° ° °

CHAPTER 23

PLANNING AND ZONING COMMISSION

23.01 Planning and Zoning Commission	23.04 Compensation
23.02 Term of Office	23.05 Powers and Duties
23.03 Vacancies

23.01 PLANNING AND ZONING COMMISSION. There shall be a City Planning and Zoning Commission, here and after referred to as the Commission, consisting of five (5) members. Commission members shall be qualified by knowledge or experience to act in matters pertaining to the development of a City plan and shall not hold an elective office in the City government. (Ord. 04-76 – Oct. 04 Supp.)

(Code of Iowa, Sec. 414.6 & 392.1)

23.02 TERM OF OFFICE. The term of office of the members of the Commission shall be five (5) years. The terms of not more than one-third of the members will expire in any one year.

(Code of Iowa, Sec. 392.1)

23.03 VACANCIES. If any vacancy exists on the Commission caused by resignation, or otherwise, a successor for the residue of the term shall be appointed in the same manner as the original appointee.

(Code of Iowa, Sec. 392.1)

23.04 COMPENSATION. All members of the Commission shall serve without compensation, except their actual expenses, which shall be subject to the approval of the Council.

(Code of Iowa, Sec. 392.1)

23.05 POWERS AND DUTIES. The Commission shall have and exercise the following powers and duties:

1. Selection of Officers. The Commission shall choose annually at its first regular meeting one of its members to act as Chairperson and another as Vice Chairperson, who shall perform all the duties of the Chairperson during the Chair person’s absence or disability.

(Code of Iowa, Sec. 392.1)

2. Adopt Rules and Regulations. The Commission shall adopt such rules and regulations governing its organization and procedure as it may deem necessary.

(Code of Iowa, Sec. 392.1)

3. Zoning. The Commission shall have and exercise all the powers and duties and privileges in establishing the City zoning regulations and other related matters and may from time to time recommend to the Council amendments, supplements, changes or modifications, all as provided by Chapter 414 of the Code of Iowa.

(Code of Iowa, Sec. 414.6)

4. Recommendations of Improvements. No statuary, memorial or work of art in a public place, and no public building, bridge, viaduct, street fixtures, public structure or appurtenances, shall be located or erected, or site therefor obtained, nor shall any permit be issued by any department of the City for the erection or location thereof until and unless the design and proposed location of any such improvement shall have been submitted to the Commission and its recommendations thereon obtained, except such requirements and recommendations shall not act as a stay upon action for any such improvement when the Commission after thirty (30) days’ written notice requesting such recommendations, shall have failed to file same.

(Code of Iowa, Sec. 392.1)

5. Review and Comment on Plats. All plans, plats, or re-plats of subdivision or re-subdivisions of land embraced in the City or adjacent thereto, laid out in lots or plats with the streets, alleys, or other portions of the same intended to be dedicated to the public in the City, shall first be submitted to the Commission and its recommendations obtained before approval by the Council.

(Code of Iowa, Sec. 392.1)

6. Review and Comment of Street and Park Improvements. No plan for any street, park, parkway, boulevard, traffic-way, river front, or other public improvement affecting the City plan shall be finally approved by the City or the character or location thereof determined, unless such proposal shall first have been submitted to the Commission and the Commission shall have had thirty (30) days within which to file its recommendations thereon.

(Code of Iowa, Sec. 392.1)

7. Fiscal Responsibilities. The Commission shall have full, complete and exclusive authority to expend for and on behalf of the City all sums of money appropriated to it, and to use and expend all gifts, donations or payments whatsoever which are received by the City for City planning and zoning purposes.

(Code of Iowa, Sec. 392.1)

8. Limitation on Entering Contracts. The Commission shall have no power to contract debts beyond the amount of its original or amended appropriation as approved by the Council for the present year.

(Code of Iowa, Sec. 392.1)

9. Annual Report. The Commission shall each year make a report to the Mayor and Council of its proceedings, with a full statement of its receipts, disbursements and the progress of its work during the preceding fiscal year.

(Code of Iowa, Sec. 392.1)

° ° ° ° ° ° ° ° ° °

CHAPTER 24

PARK AND RECREATION BOARD

24.01 Park and Recreation Board Created	24.04 Reports
24.02 Board Organization	24.05 Rules
24.03 Duties of the Board	24.06 Penalties

24.01 PARK AND RECREATION BOARD CREATED. A Park and Recreation Board is hereby created to advise the Council on the needed facilities to provide open space such as parks, playgrounds and community facilities for other forms of recreation. It shall, through the Director of the Park and Recreation Department, plan and oversee City programs, facilities and encourage other programs and facilities to enhance the leisure time activities of the City’s residents of all ages.

24.02 BOARD ORGANIZATION. The Board shall consist of three (3) members, all residents of the City, and shall be elected and hold their offices for overlapping terms of six (6) years. Compensation for service shall be at the rate determined by the Council. The Mayor shall designate the first Chairperson and Vice Chairperson and the Board shall choose its Chairperson and Vice Chairperson every two years thereafter. Vacancies shall be filled by appointment of the Mayor and Council.

24.03 DUTIES OF THE BOARD. The duties of the Board are to plan for the facilities and recreational needs of the City and provide policy to the Director for implementation. The Board has authority over the properties and hiring authority over the Director of the department. The Director is responsible to the Board for the total department functions.

24.04 REPORTS. The Board shall make written reports to the Council of its activities by minutes of the monthly meeting as it deems advisable or upon Council request. Its revenues and expenditures shall be reported monthly by the Finance Officer in the manner of other departmental expenditures, and a copy shall be provided to each member of the Board and to the department head and in the Finance Officer’s report to the Council.

24.05 RULES. The Board has the power to make rules and regulations for the use of park or other recreational facilities or for the conduct of recreation programs, and any changes of these rules and regulations will be amended by the Board. Such rules shall be either posted on the facility or otherwise publicized in a manner to provide adequate notice to the using public.

24.06 PENALTIES. Violations of Board rules may be cause for denial of use of a facility or participation in a program, but such denial which extends more than one day may be appealed to the Board for a hearing. The violation may be prosecuted as a misdemeanor.

CHAPTER 25

CREST AREA
ARTS AND RECREATION CENTER BOARD

25.01 Board Created	25.04 Reports
25.02 Board Organization	25.05 Rules
25.03 Duties of the Board	25.06 Penalties

25.01 BOARD CREATED. A Crest Area Arts and Recreation Board is hereby created to operate and maintain the needed facilities for the Crest Area Arts and Recreation Center. The Board shall also plan and oversee the operation of the Crest Area Arts and Recreation Center program and encourage other programs to be operated in the Crest Area Arts and Recreation Center.

25.02 BOARD ORGANIZATION. The Board shall consist of five (5) members, with three (3) members being residents of the City appointed by the Mayor, with approval of the Council, for overlapping five-year terms. The Mayor shall appoint one member from the City Council, one Arts Council member and one at-large member. The fourth and fifth members shall be appointed by the Creston Community Betterment Foundation and Southwestern Community College, respectively. The Mayor shall designate the terms of the first appointed members and the first Chairperson and Vice Chairperson and the Board shall choose its Chairperson and Vice Chairperson every one or two years thereafter. Members shall serve without compensation but may receive their actual expenses. Vacancies shall be filled by appointment of the Mayor and Council.

25.03 DUTIES OF THE BOARD. In addition to its duties to operate and maintain the Crest Area Arts and Recreation Center, and oversee and plan programs for the Center, the Board shall have the authority over the property and personnel for the Crest Area Arts and Recreation Center, subject to limitations of expenditures for salaries and supplies, contracts and capital outlay set forth in the annual budget provided for by the Council for the Crest Area Arts and Recreation Center. The Board shall also cooperate with the Mayor in the allotment of time for City employees for use of the Crest Area Arts and Recreation Center. The Chairperson shall warrant by the Clerk for invoices submitted and approved by the Board.

25.04 REPORTS. The Board shall make written reports to the Council of its activities from time to time as the Council requests. Its revenues and expenditures shall be reported monthly by the Finance Officer in the manner of other departmental revenues and expenditures, and a copy shall be provided to each member of the Board and in the Finance Officer’s report to the Council.

25.05 RULES. The Board has the power to make rules and regulations for the use of the Crest Area Arts and Recreation Center subject to the approval of the rules by the Council. Such rules shall be either posted on the facility or otherwise publicized in a manner to provide adequate notice to the using public.

25.06 PENALTIES. Violations of Board rules which have been approved by the Council and adopted by ordinance may be cause for denial of use of a facility or participation in a program. The violation of Board rules may be prosecuted as a misdemeanor.

CHAPTER 26

UTILITY BOARD OF TRUSTEES

26.01 Purpose	26.06 Control of Funds
26.02 Appointment of Trustees	26.07 Accounting
26.03 Compensation	26.08 Discriminatory Rates Illegal
26.04 Vacancies	26.09 Discontinuance of Board
26.05 Powers and Duties of the Board

26.01 PURPOSE. The purpose of this chapter is to provide for the operation of the municipally owned Waterworks Utility by a Board of Trustees.

26.02 APPOINTMENT OF TRUSTEES. The Mayor shall appoint, subject to the approval of the Council, five (5) persons to serve as trustees for staggered six (6) year terms. No public officer or salaried employee of the City may serve on the Utility Board.

(Code of Iowa, Sec. 388.3)

26.03 COMPENSATION. The Council shall by resolution set the compensation of Board members.

(Code of Iowa, Sec. 388.3)

26.04 VACANCIES. An appointment to fill a vacancy on the Board of Trustees shall be made in the same manner as an original appointment except that such appointment shall be for the balance of the unexpired term.

(Code of Iowa, Sec. 388.3)

26.05 POWERS AND DUTIES OF THE BOARD. The Board of Trustees may exercise all powers of the City in relation to the utility, with the following exceptions:

(Code of Iowa, Sec. 388.4)

1. Taxes, ordinances and bonds. The Board may not certify taxes to be levied, pass ordinances or amendments, or issue general obligation or special assessment bonds.

Code of Iowa, Sec. 388.4[1])

2. Property. Title to all property must be in the name of the City but the Board has full control of such property subject to limitations imposed by law.

(Code of Iowa, Sec. 388.4[2])

3. Reports to Council. The Board shall make a detailed annual report to the Council including a complete financial statement.

(Code of Iowa, Sec. 388.4[3])

4. Proceedings Published. Immediately following a regular or special meeting, the Board Secretary shall prepare and cause to be published in a newspaper of general circulation in the City a condensed statement of proceedings including a list of all claims.

(Code of Iowa, Sec. 388.4[4])

26.06 CONTROL OF FUNDS. The Board shall control tax revenues allocated to it as well as all moneys derived from operations.

(Code of Iowa, Sec. 388.5)

26.07 ACCOUNTING. Utility moneys must be held in a separate utility fund.

(Code of Iowa, Sec. 388.5)

26.08 DISCRIMINATORY RATES ILLEGAL. The utility may not provide use or service at a discriminatory rate, except to the City or its agencies, as provided in Section 384.91, Code of Iowa.

(Code of Iowa, Sec. 388.6)

26.09 DISCONTINUANCE OF BOARD. A proposal, on motion of the Council or upon receipt of a valid petition, to discontinue the utility board is subject to the approval of the voters of the City, except that the Board may be discontinued by resolution of the Council when the utility is disposed of or leased for a period of over five (5) years.

(Code of Iowa, Sec. 388.2)

[The next page is 127]

CHAPTER 27

CIVIL SERVICE COMMISSION

27.01 Purpose	27.06 Chairperson
27.02 Appointment and Term	27.07 Clerk
27.03 Qualifications	27.08 Records
27.04 Human Rights Commission	27.09 Rooms and Supplies
27.05 Compensation	27.10 Powers and Duties

27.01 PURPOSE. The purpose of this chapter is to provide for the appointment, powers and duties of a Civil Service Commission in accordance with the requirements of State law.

27.02 APPOINTMENT AND TERM. A Civil Service Commission consisting of three (3) members shall be appointed by the Mayor with the approval of the Council. Following appointment of the initial Commission according to law one member shall be appointed one (1) year after each regular municipal election to hold office for a term of four (4) years commencing the first Monday of April following such municipal election.

(Code of Iowa, Sec. 400.1)

(Ord. 08-110 – Jul. 08 Supp.)

27.03 QUALIFICATIONS. Commissioners must be citizens of Iowa, eligible electors and residents of the City preceding their appointment. No person while on said Commission shall hold or be a candidate for any office of public trust.

(Code of Iowa, Sec. 400.2)

27.04 HUMAN RIGHTS COMMISSION. Notwithstanding the provisions of Section 27.03, when a human rights commission has been established, the director thereof shall ex officio be a member, without vote, of the Civil Service Commission.

(Code of Iowa, Sec. 400.2)

27.05 COMPENSATION. Civil service Commissioners shall serve without compensation.

(Code of Iowa, Sec. 400.2)

27.06 CHAIRPERSON. The Commission shall elect a chairperson from among its members.

(Code of Iowa, Sec. 400.4)

27.07 CLERK. The City Clerk shall be clerk of the Commission.

(Code of Iowa, Sec. 400.4)

27.08 RECORDS. The Civil Service Commission shall keep a record of all its meetings and also a complete individual service record of each civil service employee which record shall be permanent and kept up to date.

(Code of Iowa, Sec. 400.4)

27.09 ROOMS AND SUPPLIES. The Council shall provide suitable rooms in which the Commission may hold its meetings and supply the Commission with all necessary equipment and a qualified shorthand reporter or an electronic voice recording device to enable it to properly perform its duties.

(Code of Iowa, Sec. 400.5)

27.10 POWERS AND DUTIES. The Commission shall administer the civil service procedure as contained in Chapter 400, Code of Iowa, and amendments thereto and shall have, exercise and perform all powers and duties as provided thereby.

CHAPTER 28

CEMETERY BOARD OF TRUSTEES

28.01 Cemetery Board	28.04 Reports
28.02 Board Organization	28.05 Rules
28.03 Duties	28.06 Veterans

28.01 CEMETERY BOARD. A Cemetery Board of Trustees (hereinafter referred to as the “Board”) is responsible for the maintenance and operation of the municipal cemetery known as Graceland Cemetery, to provide grounds for human interments. The Board also advises the Council from time to time on the need for additional cemetery facilities.

28.02 BOARD ORGANIZATION. The Board consists of three (3) members who are residents of the City, appointed by the Mayor with the approval of the Council, for overlapping six-year terms. The Chairperson is chosen from and by the members of the Board, and he or she serves in that capacity for a term of two (2) years. Members serve without compensation, but they may receive reimbursement for their actual expenses.

28.03 DUTIES. As a part of its duties for the maintenance and operation of Graceland Cemetery, the Board oversees the cemetery properties and the hiring and discharge of personnel working on cemetery properties, subject to the limitation of expenditures for salaries and supplies, contracts and capital outlays set forth in the annual budget provided by the Council for cemetery operations. The Board may appoint a caretaker who shall have authority to order supplies at the direction of the Board, consistent with the procedures established by the Council for all departments of the City, and payments will be made by warrant/check written by the Secretary of the Board for invoices submitted and approved by the Board.

28.04 REPORTS. The Board shall make written reports to the Council of its activities from time to time as it deems advisable or upon Council request. Its revenues and expenditures shall be reported monthly by the Secretary of the Board to the Council in the manner of other departmental expenditures, and a copy shall be included in the Finance Officer’s report to the Council.

28.05 RULES. The Board has the power to make rules and regulations for the use and operations of the cemetery, subject to the approval of the rules by the Council.

28.06 VETERANS. Any veteran, as defined in Section 35.1 of the Code of Iowa, or a resident of the State who served in the armed forces of the United States, completed a minimum aggregate of ninety days of active Federal service and was discharged under honorable conditions, who is a landowner or who lives within the City shall be allowed to purchase an interment space and to be interred within the cemetery. (Ord. 07-105 – Dec. 07 Supp.)

(Code of Iowa, Sec. 523I.304)

CHAPTER 29

AIRPORT COMMISSION

29.01 Airport Commission	29.05 Officers
29.02 Appointment and Term	29.06 Powers and Duties
29.03 Vacancies	29.07 Annual Report
29.04 Compensation

29.01 AIRPORT COMMISSION. There shall be an airport commission consisting of five (5) resident voters of the City.

(Code of Iowa, Sec. 330.20)

29.02 APPOINTMENT AND TERM. Commissioners shall be appointed by the Council for staggered terms of six (6) years.

(Code of Iowa, Sec. 330.20)

29.03 VACANCIES. Vacancies shall be filled by appointment of the Council to fill out the unexpired term for which the appointment was made.

(Code of Iowa, Sec. 330.20)

29.04 COMPENSATION. Members of the commission shall serve without compensation.

(Code of Iowa, Sec. 330.20)

29.05 OFFICERS. The commission shall elect from its own members a chairperson and secretary who shall serve for such term as the commission shall determine.

(Code of Iowa, Sec. 330.20)

29.06 POWERS AND DUTIES. The commission shall have and exercise the following powers and duties.

1. General. The commission has all the powers in relation to airports granted to cities under State law except powers to sell the airport.

(Code of Iowa, Sec. 330.21)

2. Budget. The commission shall annually certify the amount of tax to be levied for airport purposes, and upon such certification the Council may include all or a portion of said amount in its budget.

(Code of Iowa, Sec. 330.21)

3. Funds. All funds derived from taxation or otherwise for airport purposes shall be under the full and absolute control of the commission for the purposes prescribed by law, and shall be deposited with the Treasurer or City Clerk to the credit of the airport commission, and shall be disbursed only on the written orders of the airport commission, including the payment of all indebtedness arising from the acquisition and construction of airports and the maintenance, operation, and extension thereof.

(Code of Iowa, Sec. 330.21)

29.07 ANNUAL REPORT. The airport commission shall immediately after the close of each municipal fiscal year, file with the Finance Officer a detailed and audited written report of all money received and disbursed by the commission during said fiscal year, and shall publish a summary thereof in an official newspaper.

(Code of Iowa, Sec. 330.22)

[The next page is 135]

CHAPTER 30

HISTORIC PRESERVATION COMMISSION

30.01 Purpose and Intent	30.03 Structure of the Commission
30.02 Definitions	30.04 Powers of the Commission

30.01 PURPOSE AND INTENT. The purposes of this chapter are to:

1. Promote the educational, cultural, economic and general welfare of the public through the recognition, enhancement and perpetuation of sites and districts of historical and cultural significance;

2. Safeguard the City’s historic, aesthetic and cultural heritage by preserving sites and districts of historic and cultural significance;

3. Stabilize and improve property values;

4. Foster pride in the legacy of beauty and achievements of the past;

5. Protect and enhance the City’s attractions to tourists and visitors and the support and stimulus to business thereby provided;

6. Strengthen the economy of the City;

7. Promote the use of sites and districts of historic and cultural significance as places for the education, pleasure, and welfare of the people of the City.

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

1. “Commission” means the Creston Historic Preservation Commission, as established by this chapter.

2. “Historic district” means an area which contains a significant portion of buildings, structures or other improvements which, considered as a whole, possess integrity of location, design, setting, materials, workmanship, feeling and association, and which area as a whole:

A. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or

B. Is associated with events that have made significant contributions to the broad patterns of our local, state or national history; or

C. Possesses a coherent and distinctive visual character or integrity based upon similarity of scale, design, color, setting, workmanship, materials or combinations thereof which is deemed to add significantly to the value and attractiveness of properties within such area; or

D. Is associated with the lives of persons significant in our past; or

E. Has yielded, or may be likely to yield, information important in prehistory or history.

3. “Historic site” means a structure or building which:

A. Is associated with events that have made a significant contribution to the broad patterns of our history; or

B. Is associated with the lives of persons significant in our past; or

C. Embodies the distinctive characteristics of a type, period or method of construction or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or

D. Has yielded, or may be likely to yield, information important in prehistory or history.

30.03 STRUCTURE OF COMMISSION.

1. The Commission consists of the Mayor and four (4) members who reside in or around the City of Creston. (Ord. 08-108 – Jun. 08 Supp.)

2. Members of the Commission shall be appointed by the Mayor with the advice and consent of the Council. Members shall demonstrate a positive interest in historic preservation, possessing interest or expertise in architecture, architectural history, historic preservation, city planning, building rehabilitation, conservation in general or real estate.

3. The Commission members are appointed for staggered terms of three (3) years. Members may serve for more than one term. Each member shall serve until the appointment of a successor.

4. Vacancies occurring in the Commission, other than expiration of term of office, shall be only for the unexpired portion of the term of the member replaced.

5. Members shall serve without compensation.

6. A simple majority of the Commission shall constitute a quorum for the transaction of business.

7. The Commission shall elect a Chairperson who shall preside over all Commission meetings and elect a Secretary who shall be responsible for maintaining written records of the Commission’s proceedings.

8. The Commission shall meet at least three (3) times a year.

30.04 POWERS OF THE COMMISSION.

1. The Commission may conduct studies for the identification and designation of historic districts and sites meeting the definitions established by this chapter. The Commission may proceed at its own initiative or upon a petition from any person, group or association. The Commission shall maintain records of all studies and inventories for public use.

2. The Commission may make a recommendation to the State Bureau of Historic Preservation for the listing of an historic district or site in the National Register of Historic Places and may conduct a public hearing thereon.

3. In addition to those duties and powers specified above, the Commission may, with Council approval,

A. Accept unconditional gifts and donations of real and person property, including money, for the purpose of historic preservation;

B. Acquire, by purchase, bequest or donation, fee and lesser interests in historic properties, including properties adjacent to or associated with historic properties;

C. Preserve, restore, maintain and operate historic properties under the ownership or control of the Commission;

D. Lease, sell and otherwise transfer or dispose of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property.

E. Contract, with the approval of the Council, with State or Federal government or other organizations;

F. Cooperate with Federal, State and local governments in the pursuance of the objectives of historic preservation;

G. Provide information for the purpose of historic preservation to

2.01 Title	2.04 Number and Term of Council
2.02 Form of Government	2.05 Term of Mayor
2.03 Powers and Duties	2.06 Copies on File

EDITOR’S NOTE
The following ordinances not codified herein, and specifically saved from repeal, have been adopted and provide for Urban Renewal Areas in the City and remain in full force and effect, for division of tax levied on taxable property.
ORDINANCE NO.	ADOPTED	NAME OF AREA
2.19	February 2, 1988	Downtown Urban Renewal Area
05-90	November 1, 2005	Creston Economic Development District 2005 Urban Renewal Project Area
06-98	January 2, 2007	Amended Creston Urban Renewal Area (James Subdivision)
06-99	January 2, 2007	Creston Economic Development District 2006 Urban Renewal Project Area

12.01 Definitions	12.03 Effective Date
12.02 Tax Rate	12.04 Payment of Tax

16.01 Vice President of Council	16.03 Voting Rights
16.02 Powers and Duties	16.04 Compensation

19.01 Appointment	19.03 Duties of Treasurer
19.02 Compensation