Chapter 1-City Charter

2-1-1 PURPOSE
2-1-2 CHARTER
2-1-3 FORM OF GOVERNMENT
2-1-4 POWERS AND DUTIES
2-1-5 NUMBER AND TERM OF COUNCIL
2-1-6 TERM OF MAYOR
2-1-7 COPIES ON FILE
2-1-8 WHEN EFFECTIVE

2-1-1 PURPOSE. The purpose of this ordinance is to provide for a charter embodying the form of government existing on August 6, 1973.

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

2-1-3 FORM OF GOVERNMENT. The form of government of the City of Maquoketa, Iowa, is the Mayor-Council with appointed manager form of government.

2-1-4 POWERS AND DUTIES. The Council and Mayor and Manager and other City officers have such powers and shall perform such duties as are authorized or required by state law and by the ordinances, resolutions, rules, and regulations of the City of Maquoketa, Iowa.

2-1-5 NUMBER AND TERM OF COUNCIL. The Council consists of 2 Council Members elected at large and one Council Member from each of 5 wards as established by ordinance, elected for terms of 4 years.

2-1-6 TERM OF MAYOR. The Mayor is elected for a term of 2 years.

2-1-7 COPIES ON FILE. The City Clerk shall keep an official copy of this Charter on file with the official records of the City Clerk, shall immediately file a copy with the Secretary of the State of Iowa, and shall keep copies of this Charter available at the City Clerk’s office for public inspection.

2-1-8 WHEN EFFECTIVE. This ordinance is in effect after its final passage, approval, and publication as required by law.

Passed this 6th day of August, 1973, and approved this 6th day of August 1973.

Chapter 2-Appointment and Qulification of Municipal Officers

2-2-1 CREATION OF APPOINTIVE OFFICERS
2-2-2 APPOINTMENT OF OFFICERS
2-2-3 TERMS OF APPOINTIVE OFFERS
2-2-4 VACANCIES IN OFFICES
2-2-5 BONDS REQUIRED
2-2-6 SURETY
2-2-7 AMOUNT OF BONDS
2-2-8 BONDS FILED

CREATION OF APPOINTIVE OFFICERS. There are hereby created the following appointive officers: Clerk-Manager, Treasurer, Police Chief, Attorney, Superintendent of Public Utilities and Fire Chief.

2-2-2 APPOINTMENT OF OFFICERS.

The Mayor shall have authority over the Police Department and shall appoint the Police Chief with a four-three approval from the City Council. The Police Chief may be removed from office on recommendation of the Mayor and a four-three vote by all members of the Council.

Removal of the Police Chief shall proceed as set forth in Section 372.15 of the Iowa Code as it may from time to time be amended. (Ord. 841, 8-1-94)

The Fire Chief and Officers of the Fire Department shall nominate the Fire Chief for a period of two years. Such nomination shall be subject to the approval of the City Council. An election by the members of the Fire Department shall be held and such election will be given consideration by the Fire Chief and Officers of the Fire Department in nominating the Fire Chief, but shall not be binding.

The City Council shall take action to approve or disapprove the appointment of the person nominated for the position of Fire Chief at the next regular Council meeting following the written notification from Fire Chief and Officers so stating the person nominated. In the event that the City Council does not take action on such nomination at the next regular Council meeting, the nomination shall stand approved. In the event that the City Council disapproves the nomination, the City Clerk shall so notify the Fire Chief and Officers in writing. The Fire Chief and Officers shall then submit another person for the position of Fire Chief to the Council for approval within fourteen (14) days following written notification from the City Clerk. In the event that the Fire Chief and Officers fail to nominate another person for the position of Fire Chief within 14 days, the Council shall make the appointment.

In the event that the Council disapproves subsequent nominations for the position of Fire Chief, the above time schedule and conditions shall be repeated for all subsequent nominations.

For the purposes of this ordinance, the Officers of the Fire Department shall consist of the following positions – Fire Chief, Assistant Fire Chief, Deputy Fire Chief, Three Captains, and Lieutenant.

The above described procedure for the appointment of a Fire Chief shall become effective on January 1, 1988. (Ord. 667, passed 7-21-86)

All other officers shall be appointed or selected by the Council unless otherwise provided by law or ordinance.

2-2-3 TERMS OF APPOINTIVE OFFICERS. The terms of all appointive officers that are not otherwise fixed by law or ordinance shall be two (2) years.

2-2-4 VACANCIES IN OFFICES. A vacancy in an appointive office shall be filled in the same manner as the original appointment. A vacancy in an elective office shall be filled by a majority vote of all members of the Council, unless filled by election in accordance with state law.

2-2-5 BONDS REQUIRED. Each municipal officer required by law or ordinance to be bonded shall, before entering upon the duties of his/her office, execute to the City a good and sufficient bond, to be approved by the Council, conditioned on the faithful performance of his/her duties and the proper handling and accounting for the money and property of the City in his/her charge unless the Council shall provide for a blanket position surety bond.

2-2-6 SURETY. Any association or corporation which makes a business of insuring the fidelity of others within Iowa shall be accepted as surety on any of the bonds.

2-2-7 AMOUNT OF BONDS. Each officer named shall be bonded or covered in the amount below:

City Manager $200,000
Deputy City Clerk $200,000
Finance Clerk $200,000
Secretary $200,000

The Council shall provide by Resolution for a surety bond for any other officer or employee that the Council deems necessary or for a blanket bond. The City shall pay the premium on all official bonds. (ORD 881, passed 9-16-96)

2-2-8 BONDS FILED. All bonds when duly executed shall be filed with the Mayor, except that the Mayor’s bond shall be filed with the Clerk.

Chapter 3-Powers and Duties of Municipal Officers

2-3-1 GENERAL DUTIES
2-3-2 BOOKS AND RECORDS
2-3-3 DEPOSITS OF MUNICIPAL FUNDS
2-3-4 TRANSFER OF RECORDS AND PROPERTY TO SUCCESSOR
2-3-5 POWERS AND DUTIES OF THE MAYOR
2-3-6 POWERS AND DUTIES OF THE COUNCIL
2-3-7 EXERCISE OF POWER
2-3-8 MEETINGS
2-3-9 OFFICE OF MANAGER CREATED
2-3-10 APPOINTMENT
2-3-11 POWERS AND DUTIES OF THE MANAGER
2-3-12 POWERS AND DUTIES OF THE CLERK
2-3-13 POWERS AND DUTIES OF THE TREASURER
2-3-14 POWERS AND DUTIES OF THE CHIEF OF POLICE
2-3-15 POWERS AND DUTIES OF THE CITY ATTORNEY
2-3-16 POWERS AND DUTIES OF THE FIRE CHIEF
2-3-17 POWERS AND DUTIES OF THE ECONOMIC DEVELOPMENT DIRECTOR
2-3-18 RESIDENCE REQUIREMENTS
2-3-19 POWERS AND DUTIES OF THE CITY MANAGER TO CITY OFFICERS
AND EMPLOYEES WHEN THE CITY HAS NO APPOINTED CITY
MANAGER

2-3-1 GENERAL DUTIES. Each municipal officer shall exercise the powers and perform the duties prescribed by law and ordinance, or as otherwise directed by the Council unless contrary to state law or city charter.

2-3-2 BOOKS AND RECORDS. All books and records required to be kept by law or ordinance shall be open to inspection by the public upon request.

2-3-3 DEPOSITS OF MUNICIPAL FUNDS. Prior to the fifth day of each month, each office or department shall deposit all funds collected on behalf of the municipality during the preceding month. The officer responsible for the deposit of funds shall take such funds to the City Clerk, together with receipts indicating the sources of the funds.

2-3-4 TRANSFER OF RECORDS AND PROPERTY TO SUCCESSOR. Each officer shall transfer to his/her successor in office all books, papers, records, documents and property, together with an invoice of the same, in his/her custody and appertaining to his/her office.

2-3-5 POWERS AND DUTIES OF THE MAYOR. The duties of the Mayor shall be as follows:

1. The Mayor shall have the power to examine all functions of the municipal departments, their records, and to call for special reports from department heads at any time.

2. The Mayor shall act as presiding officer at all regular and special Council meetings. The Mayor pro tem shall serve in this capacity in the Mayor’s absence.

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

4. The Mayor shall make appropriate provision that duties of any absentee officer be carried on during his/her absence.

5. The Mayor shall represent the City in all negotiations properly entered into accordance with law or ordinance. The Mayor shall not represent the City where this duty is specifically delegated to another officer by law or ordinance.

6. The Mayor shall, whenever authorized by the Council, sign all contracts on behalf of the City.

7. The Mayor shall call special meetings of the City Council when he/she deems such meetings necessary to the interests of the City.

8. The Mayor shall make such oral or written reports to the City Council at the first meeting of every month as referred. These reports shall concern municipal affairs generally, the municipal departments, and recommendations suitable for Council action.

9. Immediately after taking office the Mayor shall designate one member of the City Council as Mayor Pro Tempore. The Mayor Pro Tempore shall be vice-president of the Council. Except for the limitations otherwise provided herein, the Mayor Pro Tempore shall perform the duties of the Mayor in cases of absence or inability of the Mayor to perform his/her duties. In the exercise of the duties of his/her office the Mayor Pro Tempore shall not have power to employ or discharge from employment officers or employees that the Mayor has the power to appoint, employ, or discharge. The Mayor Pro Tempore shall have the right to vote as a member of the Council.

10. The Mayor shall upon order of the City Council, secure for the City such specialized and professional services not already available to the City. In executing the order of the City Council he/she shall conduct himself/herself in accordance with the City ordinances and the laws of the State of Iowa.

11. The Mayor shall 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.

12. Upon authorization of the Council, the Mayor shall revoke permits or licenses granted by the Council when their terms, the ordinances of the City, or the laws of the State of Iowa are violated by holders of said permits or licenses.

2-3-6 POWERS AND DUTIES OF THE COUNCIL. The powers and duties of the Council shall 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.

2. 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.

3. Public Improvements. The Council shall make all orders for the doing of work, or the making or construction of any improvements, bridges, or buildings.

4. 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 by the Council. All contracts and all ordinances and resolutions making contracts or authorizing the making of contracts shall be drawn or approved by the City Attorney before the same are made or passed.

5. Employees. The Council shall authorize, by resolution, the number, duties and compensation of employees not otherwise provided for by state law or the City Code.

6. Records. The Council shall maintain records of its proceedings.

7. 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 shall not become effective during the term in which the increase 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 immediately following a regular city election. A change in the compensation of Council Members shall become effective for all Council Members at the beginning of the term of the Council Members elected at the election next following the adoption of the increase in compensation.

2-3-7 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:

1. Approved Action by Council. Passage of an ordinance, amendment, or resolution requires an affirmative vote of not less than a majority of the Council Members. A motion to spend public funds in excess of twenty-five thousand dollars on any one project, or a motion to accept public improvements and facilities upon their completion, also requires an affirmative vote of not less than a majority of the Council Members. Each Council Member’s vote on an ordinance, amendment, or resolution must be recorded.

2. Overriding Mayor’s Veto. Within thirty (30) days after the Mayor’s veto, the 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.

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.

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.

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.
4. Rules of Procedure. The following rules shall govern the meetings of the Council and its order of transaction of business:

A. Preservation of Order: Deciding Questions: Appeals from the Chair. The Mayor, the Mayor Pro Tempore or other presiding officer shall preserve decorum and shall decide questions of order subject to an appeal to the Council. A member called to order shall immediately suspend remarks until permitted by the Mayor to explain. If there is no appeal, the decision of the Chair shall be conclusive; but if the member appeals to the Council from the decision of the Chair, the Council shall decide the question without debate.

B. Motions and resolutions to be seconded; Statement; when to be written: No motion or resolution shall be put until it is seconded. When seconded, it shall be stated by the Mayor or presiding officer before debate. Upon request of the Chair or any Council Member, every motion shall be reduced to writing.

C. Withdrawal of Motions. After a motion or resolution is stated by the Chair, it shall be deemed in the possession of the Council, but it may be withdrawn by the movant at any time before decision or amendment.

D. Name of Mover to be Recorded. In all cases where a resolution or a motion is entered on the minutes of the City Council the name of the members moving the same also shall be entered.

E. Preferential Motions. When a question is under debate, the only motions in order shall be:

First: To adjourn.

Second: The previous question.

Third: To lay on the table.

Forth: To postpone indefinitely.

Fifth: Adjourn to a certain day

Sixth: To refer.

Seventh: To amend.

Such motions shall have precedence in the order herein arranged, the first three (3) to be decided without debate.

F. When Motion to Adjourn is in Order. A motion to adjourn the City Council shall always be in order, except:

1. When a member is in possession of the floor.

2. When members are voting

3. When adjournment was the last preceding motion

4. When it has been decided that the previous questions shall be taken.

G. Amendment, Debate of Motion to Adjourn. A motion simply to adjourn cannot be amended; but a motion to adjourn to a given time may be, and is open to debate.

H. Putting the Previous Question. When the previous question is moved and put it shall be in this form, “Shall the main question be now put?” If this is carried, all proposed amendments and all further motions and debates shall be excluded, and the question is put without delay.

I. Amendment, Debate of Motions to Table. A motion to lay a question on the table simply is not debatable but a motion to lay on the table and publish, or any other condition, is subject to amendment and debate.

J. Indefinite Postponement of Motions. When a motion is postponed indefinitely it shall not be taken up again during the same meeting.

K. Precedence of Motions to Refer to Committee. A motion to refer to a standing committee shall take precedence over a similar motion for a special committee.

L. Motions to Amend.

1. A motion to amend an amendment shall be in order; but a motion to amend an amendment to an amendment shall not be entertained.

2. An amendment modifying the intention of a motion shall be in order but an amendment relating to a different subject shall not be in order.

M. Motions to Strike and Insert. On motion to “strike out and insert” the paragraph to be amended shall first be read as it stands, the words proposed to be struck out, and those to be inserted, and finally the paragraph as it would stand if so amended.

N. Timeliness of Motions to Reconsider. A motion may be reconsidered at any time during the meeting, or at the first meeting held thereafter. A motion for a reconsideration being once made, and decided in the negative, shall not be renewed before the next meeting.

O. Who May Move to Reconsider. A motion to reconsider must be made by members who voted in the majority, or by those who were absent and did not vote upon the question to be reconsidered.

P. Reconsidering Motions More Than Once. No question shall be reconsidered more than once, nor shall a vote to reconsider be reconsidered.

Q. Suspension of Rules. The foregoing rules may be suspended for a certain meeting or a certain purpose only by the unanimous vote of the Council.

R. Tie Votes. In the event of a tie vote, any member of the Council may make a motion to reconsider at any subsequent meeting of the Council.

S. Handbook for Iowa Council Members. Upon questions arising by this section, the Handbook for Iowa Council Members most recent edition, as prepared by the Institute of Public Affairs of the University of Iowa, shall be used as a guide. In the event of a conflict between the Handbook for Iowa Council Members and this Code, this Code shall take precedence.

T. Passage or Ordinances. All ordinances enacted by the Council shall be done in accordance with Chapter 380 of the Code of Iowa as amended. (Ordinance 693, 10-8-88)

2-3-8 MEETINGS. Meetings of the Council shall be as follows:

1. Regular Meetings. The regular meetings of the Council shall be on the first and third Mondays of each month at 7:00 p.m. in the Council Chambers at City Hall.

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.

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

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.

2-3-9 OFFICE OF MANAGER CREATED. There is hereby created the office of Manager for the City, pursuant to the provisions of State Statutes.

2-3-10 APPOINTMENT. The Manager shall be appointed by a five-two vote of the Council at a regular meeting thereof, and when so appointed he shall hold office during the pleasure of said body and shall be subject to removal from office by a five-two vote of all members of the Council at any time.

Removal of the City Manager shall proceed as set forth in Section 372.15 of the Iowa Code as it may from time to time be amended. (Ord. 810, passed 5-3-93)

The Manager shall have his office in the City Hall Building or elsewhere in the City as the Council may direct. Said office to be equipped with necessary furniture, fixtures and supplies at the expense of the City.

2-3-11 POWERS AND DUTIES OF THE MANAGER.

1. The Manager shall have sole power to appoint, employ or discharge all persons directly engaged in the operating, maintenance, clerical or construction departments of said systems and shall recommend to the Council the compensation to be paid such employees.

2. The Manager shall manage and control the Sewer System of the City and issue permits to duly authorized persons to make lateral connections therewith or repairs and extensions thereto.

3. The Manager shall supervise the performance of all contracts for work to be done in connection with the public utilities, make all purchases of material and supplies needed by the City, reporting the same in detail to the Council and see that such material and supplies are received and are of the quality and character specified.

4. The Manager shall see that all the provisions of this Code, rules and regulations relating to governing the installation, maintenance, operation and extension of the public utilities, are complied with and that the franchise rights of privately owned public utilities operating within the City are not exceeded or abridged.

5. The Manager shall see that all persons required to do so shall secure the licenses provided by law or the provisions of this Code and shall collect the fees therefor and deposit the same with the Treasurer.

6. The Manager shall keep the Council fully advised of the financial condition as well as other conditions of the City, and make recommendations concerning future needs.

7. The Manager shall have general supervision of the Public Grounds and Buildings and shall keep the Council advised of the condition and needs of the same.

8. The Manager shall perform all the duties of Clerk of City, as provided by law and the provisions of this Code.

9. The Manager shall perform such other services of a managerial, supervisory or clerical nature as the Council may require of him, and when required to perform services other than herein enumerated he shall receive an additional compensation such amount as the Council may appropriate.

10. The Manager shall be empowered to require any appointee or employee of the City whose general duties are not wholly inconsistent with the work to be performed, to render service in any department of public works under his supervision, or to render service in departments not under his supervision when occasion requires.

11. Supervise the official conduct of all officers of the City whom The Manager has appointed, and take active control of the Fire Department.

12. Employ, reclassify, or discharge all employees under the Manager’s supervision and fix their compensation, subject to civil service provisions and Chapter 70.

13. Supervise the construction, improvement, repair, maintenance, and management of all City property, capital improvements, and undertakings of the City, including the making and preservation of all surveys, maps, plans, drawings, specifications, and estimates for capital improvements, except property, improvements, and undertakings managed by a utility board of trustees.

14. Co-operate with any administrative agency or City Board or Commission.

15. The City Manager shall supervise the performance of the Police Chief and shall keep the Council fully advised on the Police Chief’s operation of the Police Department.

2-3-12 POWERS AND DUTIES OF THE CLERK. The duties of the Clerk shall be as follows:

1. The Clerk shall attend all regular and special Council meetings and prepare and publish a condensed statement of the proceedings thereof, to include the total expenditure from each City fund. The statement shall further include a list of all claims allowed, a summary of all receipts and the gross amount of the claims.

2. The Clerk shall record each measure taken by the Council, stating where applicable whether the Mayor signed, vetoed, or took no action on the measure and what action the Council made upon the Mayor’s veto.

3. The Clerk shall cause to be published either the entire text or a summary of all Ordinances and amendments enacted by the City. “Summary” shall mean a narrative description of the terms and conditions of an Ordinance setting forth the main points of the Ordinance in a manner calculated to inform the public in a clear and understandable manner the meaning of the Ordinance and which shall provide the public with sufficient notice to conform to the desired conduct required by the Ordinance. The description shall include the title of the Ordinance, an accurate and intelligible abstract or synopsis of the essential elements of the Ordinance, a statement that the description is a summary, the location and the normal business hours of the office where the Ordinance may be inspected, when the Ordinance becomes effective, and the full text of any provisions imposing fines, penalties, forfeitures, fees, or taxes. Legal descriptions of property set forth in Ordinances shall be described in full, provided that maps or charts may be substituted for legal descriptions when they contain sufficient detail to clearly define the area with which the Ordinance is concerned. The narrative description shall be written in a clear and coherent manner and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When necessary to use technical or legal terms not generally familiar to the public, the narrative description shall include definitions of those terms. The Clerk shall authenticate all such measures except motions with said Clerk’s signature, certifying the time and place of publication when required.
(Code of Iowa, Sec. 380.7(1) and (2))
(Ord. 991, Passed April 19, 2004)

3. The Clerk shall maintain copies of all effective City ordinances and codes for public use.

4. The Clerk shall publish notice of public hearings, elections and other official actions as required by state and city law.

5. The Clerk shall certify all measures establishing any zoning district, building lines, or fire limits, and a plat showing each district, lines or limits to the Recorder of the county containing the affected parts of the City.

6. The Clerk shall be the chief accounting officer of the City.

7. The Clerk shall keep separate accounts for every appropriation, department, public improvement or undertaking, and for every public utility owned or operated by the City. Each account shall be kept in the manner required by law.

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

9. The Clerk shall report to the Council at the first meeting of each month the status of each municipal account as of the end of the previous month.

10. The Clerk shall balance all funds with the Treasurer at the end of each month.

11. The Clerk shall prepare the annual public report, publish it, and send a certified copy to the State Auditor and other state officers as required by law.

12. The Clerk shall maintain all city records as required by law.

13. The Clerk shall have custody and be responsible for the safekeeping of all writings or documents in which the municipality is a party in interest unless otherwise specifically directed by law or ordinance.

14. The Clerk shall file and preserve all receipts, vouchers, and other documents kept, or that may be required to be kept, necessary to prove the validity of every transaction and the identity of every person having any beneficial relation thereto.

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

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

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

18. The Clerk shall issue all licenses and permits approved by the Council, 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.

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

20. The Clerk shall compile and preserve a complete record of every city election, regular or special, and perform duties required by law or ordinance of the City Clerk in regard to elections.

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

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

23. The Clerk shall keep a warrant/check record in a form approved by the Council, showing the number, date, amount, payee’s name, upon what fund drawn, and for what claim each warrant/check is issued.

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

2-3-13 POWERS AND DUTIES OF TREASURER. The duties of the Treasurer shall be as follows:

1. The Treasurer shall keep the record of each fund separate.

2. The Treasurer shall keep an accurate record for all money or securities received by him/her on behalf of the municipality and specify date, from whom, and for what purpose received.

3. The Treasurer shall prepare a receipt in triplicate for all funds received. The Treasurer shall give the original to the party delivering the funds, send the duplicate to the Clerk, and retain the triplicate.

4. The Treasurer shall keep an accurate account of all disbursements, money or property, specifying date, to whom, and from what fund paid.

5. The Treasurer shall keep a separate account of all money received by him/her for special assessments.

6. The Treasurer shall, immediately upon receipt of monies to be held in his/her custody and belonging to the City, deposit the same in banks selected by the City Council in amounts not exceeding monetary limits authorized by the City Council.

2-3-14 POWERS AND DUTIES OF THE CHIEF OF POLICE. The duties of the Marshal shall be as follows:

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

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

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

4. The Chief of Police shall report to the Council upon his/her activities as Marshal when requested.

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

6. The Chief of Police shall make arrangements to convey any persons requiring detention to the county jail as provided by law and agreements with the County.

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

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

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

10. To appoint one or more assistant Police Chiefs, who may perform his/her duties and who shall be members of the police force.

11. To make such rules, not in conflict with the provisions of this ordinance, as needed for the detailed operation of the police department, subject to the approval of the conduct and activity of members, the wearing and care of the uniform, the use of and practice with side arms and other police weapons, the use of police radio and other communications, attendance at training meetings and such other matters as the Police Chief determines to be necessary for the operation of the police department. In the event of an emergency the Chief of Police may make temporary rules for the protection of the system until due consideration by the Council may be had.

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

13. The Chief of Police shall restrain and prevent sheep, swine, horses, cattle, fowl, dogs, cats, and other animals from running at large within the limits of the corporation.

14. The Chief of Police shall report all motor vehicle accidents he/she investigates in the regular course of duty to the Iowa Department of Public Transportation as provided by law.
(Ord. 991, Passed April 19, 2004)

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

2-3-15 POWERS AND DUTIES OF THE CITY ATTORNEY. The duties of the City Attorney shall be as follows:

1. The City Attorney shall be so situated in a convenient location to maintain necessary coordination with the general governmental activities of the municipality.

2. If requested, the City Attorney shall attend every regular meeting of the City Council and attend those special meetings of the City Council at which he/she is required to be present.

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

4. The City Attorney shall keep in property files a record of all official opinions and a docket or register of all actions prosecuted and defended by the City Attorney, accompanied by all proceedings relating to said actions.

5. The City Attorney shall, upon request, give his/her opinion in writing upon all questions of law relating to municipal matters submitted by the City Council, the Mayor, members of the City Council individually, municipal boards or the head of any municipal department.

6. The City Attorney shall, upon request, prepare those ordinances the City Council may desire and report to the Council upon all ordinances before their initial passage by the City Council.

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

8. The City Attorney shall not appear on behalf of any municipal 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 municipal officer or employee in any cause of action arising out of or in the course of the performance of the duties of his/her office or employment.

9. 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.

10. The City Attorney shall, upon request, make a written report to the City Council and interested department heads of the defects in all contracts, documents, authorized power of any City officer, and ordinances submitted to him/her or coming under his/her notice.

11. The City Attorney shall, upon request, after due examination, offer a written opinion on and recommend alterations pertaining to contracts involving the City before they become binding upon the City or are published. (Ord. 870, passed 3-4-96)

2-3-16 POWERS AND DUTIES OF THE FIRE CHIEF. The duties of the Fire Chief shall be as follows:

1. The Fire Chief shall be charged with the duty of maintaining the efficiency, discipline and control of the fire department. The members of the fire department shall, at all times, be subject to the direction of the Fire Chief.

2. The Fire Chief shall enforce all rules and regulations established by the Council for the conduct of the affairs of the fire department.

3. The Fire Chief shall exercise and have full control over the disposition of all fire apparatus, tools, equipment and other property used by or belonging to the fire department.

4. The Fire Chief shall cause to be kept records of the fire department personnel, operating cost and efficiency of each element of fire fighting equipment, depreciation of all equipment and apparatus, the number of responses to alarms, their cause and location, and an analysis of losses by value, type and location of buildings.

5. The Fire Chief shall make monthly written reports on or before the fifth day of each month to the Mayor and City Council concerning the general status and efficiency of the fire department, the number of alarms answered during the month previous, and additional information that may be requested by the Mayor or the City Council. The Fire Chief shall compile an annual report based upon the records maintained by the fire department and summarizing the activities of the fire department for the year. This report shall be filed with the Mayor. The annual report shall also contain recommendations for the improvement of the department.

6. The Fire Chief shall enforce all ordinances and, where enabled, state laws regulating the following:

A. Fire prevention
B. Maintenance and use of fire escapes
C. The investigation of the cause, origin, and circumstances of fires
D. The means and adequacy of exit in case of fire from halls, theatres, churches, hospitals, asylums, lodging houses, schools, factories and all other buildings in which the public congregates for any purpose
E. The installation and maintenance of private fire alarm systems and fire extinguishing equipment

7. The Fire Chief shall have the right of entry into any building or premises within his/her jurisdiction at a reasonable time and after reasonable notice to the occupant or owner. The Fire Chief shall there conduct such investigation or inspection that he/she considers necessary in light of state law, regulations or ordinance.

8. The Fire Chief shall make such recommendations to owners, occupants, caretakers or managers of buildings necessary to eliminate fire hazards.

9. The Fire Chief shall at the request of the State Fire Marshal, and as provided by law, aid said Marshal in the performance of his/her duties by investigating, preventing and reporting data pertaining to fires.

2-3-17 ECONOMIC DEVELOPMENT DIRECTOR.

Ordinance No. 816, passed 8-16-93 repeals this position.

Refer to Resolution 93-52, passed 8-16-93
A Resolution Creating the Position of Economic Development Director

2-3-18 RESIDENCE REQUIREMENTS

All new employees employed by the City of Maquoketa after adoption of this ordinance must reside within the state of Iowa within sixty (60) days of their first day of work and must remain a resident of Iowa throughout the period of his/her employment with the City of Maquoketa.

Employees of the City of Maquoketa who hold the following positions shall maintain their principal place of residence within five miles of the City limits of Maquoketa: City Manager, Economic Development Director, Chief of Police, Director of Public Works, Street Superintendent and Fire Chief. This requirement shall not apply to persons holding these positions as of January 1, 1990, unless they already reside within five miles of the City limits. (Ord. 880, passed 10-7-96)

2-3-19 TRANSFER OF POWERS AND DUTIES OF THE CITY MANAGER TO CITY OFFICERS AND EMPLOYEES WHEN THE CITY HAS NO APPOINTED CITY MANAGER.

1. As the duties of the position of City Manager have been extracted from duties and responsibilities assigned to the Mayor by the Code of Iowa, in the absence of a City Manager for a period of time greater than two weeks, the overall management and control of the City reverts to the Mayor. The Mayor will be assisted in these responsibilities by the following personnel and by whatever delegation of additional responsibilities the Mayor may convey in writing to full-time City Employees.

2. The Mayor will normally retain the following powers and responsibilities:

A. Day to day operation of City Hall and the general offices and buildings of the City.

B. Supervision of the official conduct of all officers of the City and Department Heads including Fire Chief, Police Chief and Director of Public Works.

C. Authority to discharge, reprimand, suspend or reclassify an employee upon conferring with the appropriate supervisor and Personnel Committee when needed.

D. Authority to supervise construction, repair, maintenance, improvement and management of all City property including preservation of all surveys, maps, plans, drawings, and estimates for capital improvements.

E. The power to supervise employees of the City and to require any employee to render service in any department of the City.

F. The authority and power to employ, reclassify or discharge all employees of the City and fix compensation subject to civil service provisions in Chapter 400 of the Code of Iowa.

3. Management and control of the sewer system shall be under the authority and responsibility of the People Service, Inc., Superintendent assigned to Maquoketa.

4. The power to issue permits to make connections with the sewer system or repairs or extensions of the sewer system shall be the authority and responsibility of the City Clerk/Deputy City Clerk.

5. Reserved

6. The duty to purchase materials and supplies needed by the City and the duty to report purchases in detail to the Council and see that purchased materials and supplies are received and are of the quality and character specified shall be the duty and responsibility of the Deputy City Clerk after conferring with the appropriate Department Head.

7. Duty to oversee that the provisions of this Code and rules and regulations relating to the installation, maintenance and operation, and extension of public utilities are complied with, and that franchise rights of privately owned public utilities are not exceeded or abridged, shall be the authority and responsibility of the Deputy City Clerk and the City Attorney when required.

8. The duty to see that all persons required to do so have a license, and that those persons pay the required fee, and the duty to collect the fee shall be the authority and responsibility of the Deputy City Clerk.

9. Reserved

10. The duty to keep the Council fully advised as to the financial condition of the City shall be the authority and responsibility of the Financial Officer.

11. The general supervision of City grounds and buildings and the duty to keep the Council informed of the condition of the City grounds and buildings shall be the authority and responsibility of the Director of Public Works.

A. The duty to perform all the duties of the City Clerk as provided by the Code of Iowa and the provisions of this Code shall be the authority and responsibility of the Deputy City Clerk. The duties of the Deputy City Clerk shall include the obligation to perform other managerial, supervisor or clerical services as the Mayor may require.

B. Supervision of the performance of all contracts in connection with the Public Utilities shall be the responsibility of the appropriate Department Head with assistance from the City’s Engineering Firm.

C. The duty to attest to and certify official City documents is conveyed to the Deputy City Clerk.

D. The duties of inspecting and approving building permits shall be the responsibility of the Public Works Director with assistance from the City’s Local Government Consultant.

(Ord. 885, passed 5-19-97)

Chapter 4-Salaries of Municipal Officials

2-4-1 COUNCIL MEMBERS
2-4-2 MAYOR
2-4-3 OTHER OFFICERS
2-4-4 DATE OF COMPENSATION
2-4-5 MAYOR PRO TEM

2-4-1 COUNCIL MEMBERS. The salaries of each Council Member shall be $40.00 for each Council meeting attended, but in no event shall any Council Member be paid more than $1,200 in one calendar year.

2-4-2 MAYOR. The salary of the Mayor shall be $100.00 for each Council meeting attended, but in no event shall the Mayor be paid more than $2,800 in any one year. (Ord. 711, passed 6-19-89)

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

2-4-4 DATE OF COMPENSATION. The compensation increases provided herein are effective for the Mayor and all Council Members with the term of office beginning January 1, 1980.

2-4-5 MAYOR PRO TEM. The Mayor Pro Tem shall receive a salary of $50.00 for each meeting where he/she acts as Mayor. This salary shall not be in addition to the Mayor Pro Tem’s normal Council Member compensation, but shall be in lieu of it.

Chapter 5-City Finance

2-5-1 BUDGET PREPARATION
2-5-2 BUDGET AMENDMENTS
2-5-3 BUDGET PROTEST
2-5-4 APPROPRIATIONS
2-5-5 ANNUAL REPORT
2-5-6 COUNCIL TRANSFERS
2-5-7 ADMINISTRATIVE TRANSFERS
2-5-8 BUDGET OFFICER
2-5-9 EXPENDITURES
2-5-10 AUTHORIZATIONS TO EXPEND
2-5-11 ACCOUNTING
2-5-12 BUDGET ACCOUNTS
2-5-13 CONTINGENCY ACCOUNTS
2-5-14 SCOPE OF INVESTMENT POLICY

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

1. A budget shall be prepared for at least the following fiscal year. When required by rules of the State City Finance Committee, a tentative budget shall be prepared for one or two ensuing years. The proposed budget shall show estimates of the following:

A. Expenditures for each program

B. Income from sources other than property taxation

C. Amount to be raised by property taxation, and the property tax rate expressed in dollars per one thousand dollars valuation

The budget shall show comparisons between the estimated expenditures in each program in the following year and the actual expenditures in each program during the two preceding years. Wherever practicable, as provided in rules of the State City Finance Committee, a budget shall show comparisons between the levels of service provided by each program as estimated for the following year, and actual levels of service provided by each program during the two preceding years.

2. Not less than twenty days before the date that the budget must be certified to the County Auditor, the Clerk shall provide a sufficient number of copies of the budget to meet reasonable demands of taxpayers, and have them available for distribution at the offices of the Mayor and Clerk and at the City library, if any, or at three places designated by ordinance for posting notices.

3. The Council shall set a time and place for public hearing on the budget before the final certification date and shall publish notice before the hearing as provided in Iowa law. Proof of publication shall be filed with the County Auditor.

4. At the hearing, any resident or taxpayer of the City may present to the Council objections to any part of the budget for the following fiscal year or arguments in favor of any part of the agenda.

5. After the hearing, the Council shall adopt a budget for at least the following fiscal year, and the Clerk shall certify the necessary tax levy for the following year to the County Auditor and the County Board of Supervisors. The tax levy certified may be less than, but not more than, the amount estimated in the proposed budget, unless an additional tax levy is approved at a City election. Two copies of the complete budget as adopted shall be transmitted to the County Auditor and the State Comptroller.

2-5-2 BUDGET AMENDMENTS. The City budget as finally adopted for the following fiscal year becomes effective July first and constitutes the City appropriation for each program and purpose specified therein until amended. The City budget for the current fiscal year may be amended for any of the following purposes:

1. To permit the appropriation and expenditure of unexpected, unencumbered cash balances on hand at the end of the preceding fiscal year which had not been anticipated in the budget.

2. To permit the appropriation and expenditure of amounts anticipated to be available from sources other than property taxation, and which had not been anticipated in the budget.

3. To permit transfers from the debt service fund, the capital improvements reserve fund, the emergency fund, or other funds established by State law, to any other City fund, unless specifically prohibited by state law.

4. To permit transfers between programs within the general fund.

The budget amendment shall be prepared and adopted in the same manner as the original budget, and is subject to protest as provided in Section 2-5-3 of this chapter, except that the Committee may by rule provide that amendments of certain types or up to certain amounts may be made without public hearing and without being subject to protest.

2-5-3 BUDGET PROTEST. Within a period of ten days after the final date that the budget or amended budget may be certified to the County Auditor, persons affected by the budget may file a written protest with the County Auditor, specifying their objections to the budget or any part of it. A protest must be signed by qualified voters equal in number to one-fourth of one percent of the votes cast for Governor in the past preceding general election in the City, but not less than ten persons, and at least three of the signers must have filed a written objection or appeared and objected to the budget at the budget hearing held by the Council.

2-5-4 APPROPRIATIONS. The City shall keep separate accounts corresponding to the programs and items in its adopted or amended budget, as recommended by the State City Finance Committee.

The City shall keep accounts which show an accurate and detailed statement of all public funds collected, received or expended for any City purpose, by any City officer, employee, or other person, and which show the receipt, use, and disposition of all City property. Public monies may not be expended or encumbered except under an annual or continuing appropriation.

2-5-5 ANNUAL REPORT. Not later than December first of each year, the City shall publish an annual report containing a summary for the preceding fiscal year of all collections and receipts, all accounts due the City, and all expenditures, the current public debt of the City, and the legal debt limit of the City for the current fiscal year. A copy of this report shall be furnished to the Auditor of the State.
(Ord. 991, Passed April 19, 2004)

2-5-6 COUNCIL TRANSFERS. When the City Clerk determines that one or more appropriations account needs added authorization to meet required expenditures therein he/she shall inform the Council or if the Council upon its own investigation so determines, and another account within the same program has an appropriation in excess of foreseeable needs, or, in the case of a clear emergency or unforeseeable need, the contingency account has an unexpended appropriation which alone or with the other accounts can provide the needed appropriations, the Council shall set forth by resolution the reductions and increases in the appropriations and the reason for such transfers. Upon the passage of the resolution and approval of the Mayor, as provided by law for resolutions, the City Clerk shall cause the transfers to be set out in full in the minutes and be included in the published proceedings of the Council. Thereupon the Clerk, and where applicable, the City Treasurer, shall cause the appropriations to be revised upon the appropriation expenditure ledgers of the City, but in no case shall the total of the appropriation to a program be increased except for transfers from the contingency account, nor shall the total appropriation for all purposes be increased except by a budget amendment made after notice and hearing as required by law for such amendments.

2-5-7 ADMINISTRATIVE TRANSFERS. The City Clerk shall have power to make transfers within a single activity between objects of expenditures within activities without prior Council approval.

The City Clerk shall have the power to make transfers between activities, or between sub-programs without prior Council approval to meet expenditures which exceed estimates or are unforeseen but necessary to carry out Council directives or to maintain a necessary service and provide the required appropriation balance. Such transfers shall not exceed 10% at any one time of the activity’s annual appropriation which is increased or decreased. However, when a given transfer, considering all previous transfers to or from any activity, exceeds ten percent greater or ten percent less than the original appropriation, it shall be presented to the Council as a resolution including all such administrative transfers to date in the fiscal year for consideration and passage as presented, or as amended by the Council.

2-5-8 BUDGET OFFICER. The City Clerk shall be the City Budget Officer and is responsible for preparing the budget data in cooperation with the Council or Mayor. The Budget Officer shall be responsible for carrying out the authorizations and plans in the budget as set forth in the budget, subject to Council control and the limitations set out in this ordinance.

2-5-9 EXPENDITURES. No expenditure shall be authorized by any City officer or employee except as herein provided. All purchases of services, supplies and equipment shall be made only after issuance of a purchase order and no invoice shall be accepted unless authorized by such an order. Purchases not exceeding ten dollars ($10.00) may be made by those officials authorized by the Council but only on issuance of a spot purchase order in writing signed by the authorized officer. A copy of such spot purchase order must be delivered to the Clerk within twenty-four (24) hours, weekends and holidays excepted. All other purchases shall be valid only if a purchase order has been given in writing and signed by the Clerk. Purchases from petty cash shall be excepted.

2-5-10 AUTHORIZATIONS TO EXPEND. All purchase orders other than those excepted herein shall be authorized by the City Budget Officer after determining whether the purchase, if a major item, has been authorized by the budget or other Council approval. The Clerk shall then determine whether a purchase order may be issued by checking the availability of an appropriation sufficient to pay for such a purchase. A purchase order may be issued only if there is an appropriation sufficient for the purchase and for other anticipated or budgeted purposes. If no adequate appropriation is available for the expenditure contemplated the Clerk shall not issue a purchase order until a budget amendment or transfer of appropriation is made in accordance with power delegated by the Council and within the limits set by law and the Council.

The Clerk shall draw a warrant/check only upon an invoice received, or progress billing for a public improvement, supported by a purchase order and a signed receipt or other certification indicating the materials have been delivered of the quality and in the quantities indicated or that the services have been performed satisfactorily to the extent invoiced.

2-5-11 ACCOUNTING. The Clerk shall set up and maintain books of original entry to provide a chronological record of cash received and disbursed through all receipts given, written, which receipts and warrants shall be pre-numbered, in accordance with modern, accepted methods, and ledger controlling all cash transactions, budgetary accounts and recording unappropriated surpluses. Warrants/checks shall be signed by two of the following persons: Manager, Deputy City Clerk, Finance Clerk, Mayor, Mayor Pro Tem. Transfers between accounts shall be authorized by two of the following persons: Manager, Deputy City Clerk, Finance Clerk, Mayor, Mayor ProTem. (Ord. 831, 3-21-94) (Ord. 1088, 10-18-10)

2-5-12 BUDGET ACCOUNTS. The Clerk shall set up such individual accounts to record receipts by source and expenditures by program and purpose as will provide adequate information and control for budgetary purposes as planned and approved by the Council. Each individual account shall be maintained within its proper fund as required by Council order or state law and shall be so kept that receipts can be immediately and directly compared with specific estimates and expenditures can be related to the appropriation which authorized them. No expenditure shall be posted except to the appropriation for the function and purpose for which the expense was incurred.

2-5-13 CONTINGENCY ACCOUNTS. Whenever the Council shall have budgeted for a contingency account the Clerk shall set one up in the accounting records, but he shall not charge any claim to a contingency account. Said contingency accounts may be drawn upon only by Council resolution directing a transfer to a specific purpose account within its fund and then only upon compelling evidence of an unexpected and unforeseeable need or emergency.

All administrative transfers shall be reported in writing at the next regular meeting of the Council after being made and the fact set out in the minutes for the information of the Mayor and the Council.

2-5-14 INVESTMENT POLICY. The Scope of Investment Policy of Maquoketa shall apply to all operating funds, bond proceeds and other funds and all investment transactions involving operating funds, bond proceeds and other funds accounted for in the financial statements of Maquoketa. Each investment made pursuant to this Investment Policy must be authorized by applicable law and this written Investment Policy.

The investment of bond funds or sinking funds shall comply not only with this Investment Policy, but also be consistent with any applicable bond resolution.

This Investment Policy is intended to comply with Iowa Code Chapter 12B.

Upon passage and upon future amendment, if any, copies of this Investment Policy shall be delivered to all of the following:

1. The City Council or officer of the City of Maquoketa to which the Investment Policy applies.

2. All depository institutions or fiduciaries for public funds of the City of Maquoketa.

3. The Auditor engaged to audit any fund of the City of Maquoketa.

In addition, a copy of this Investment Policy shall be delivered to every fiduciary or third party assisting with or facilitating investment of the funds of the City of Maquoketa.

1. DELEGATION OF AUTHORITY. In accordance with Section 452. 10(1), the responsibility for conducting investment transactions resides with the Treasurer of the City of Maquoketa. Only the Treasurer and those authorized by ordinance or resolution may invest public funds and a copy of any empowering ordinance or resolution shall be attached to this Investment Policy.

All contracts or agreements with outside persons investing public funds, advising on the investment of public funds, directing the deposit or investment of public funds or acting in a fiduciary capacity for the City of Maquoketa shall require the outside person to notify in writing the City of Maquoketa within thirty (30) days of receipt of all communications from the auditor of the outside person or any regulatory authority of the existence of a material weakness in internal control structure of the outside person or regulatory orders or sanctions regarding the type of services being provided to the City of Maquoketa by the outside person.

The records of investment transactions made by or on behalf of the City of Maquoketa are public records and are the property of the City of Maquoketa whether in the custody of the City of Maquoketa or in the custody of a fiduciary or other third party.

The Treasurer shall establish a written system of internal controls and investment practices. The controls shall be designed to prevent losses of public funds, to document those officers and employees of the City of Maquoketa responsible for elements of the investment process and to address the capability of investment management. The controls shall provide for receipt and review of the audited financial statement and related report on internal control structure of all outside persons performing any of the following for this public body.

A. Investing public funds
B. Advising on the investment of public funds
C. Directing the deposit or investment of public funds
D. Acting in a fiduciary capacity for this public body

The Treasurer of the City of Maquoketa and all employees authorized to place investments shall be bonded in the amount of $100,000.

E. Purchase and cash-in of City Certificates of Deposit shall be authorized by two of the following persons: Manager, Deputy City Clerk, Mayor, Mayor Pro Tem, and City Treasurer. (Ord. 830, 3-21-94)

3. OBJECTIVES OF INVESTMENT POLICY: The primary objectives, in order of priority, of all investment activities involving the financial assets of the City of Maquoketa shall be the following:

A. SAFETY: Safety and preservation of principal in the overall portfolio is the foremost investment objective.

B. LIQUIDITY: Maintaining the necessary liquidity to match expected liabilities is the second investment objective.

C. RETURN: Obtaining a reasonable return is the third investment objective.

4. PRUDENCE: The Treasurer of the City of Maquoketa, when investing or depositing public funds, shall exercise the care, skill, prudence and diligence under the circumstances then prevailing that a person acting in a like capacity and familiar with such matters would use to attain the Section 3 investment objectives. This standard requires that when making investment decisions, the Treasurer shall consider the role that the investment, or deposit, plays within the portfolio of assets of the City of Maquoketa and the investment objectives stated in Section 3.

When investing assets of the City of Maquoketa for a period longer than thirty (30) days, the Treasurer shall request competitive investment proposals for comparable credit and term investments from a minimum of two investment providers.

5. INSTRUMENTS ELIGIBLE FOR INVESTMENT. Assets of the City of Maquoketa may be invested in the following:

A. Interest bearing savings accounts, interest bearing money market accounts, and interest checking accounts at any bank, savings and loan association or credit union in the State of Iowa. Each bank must be on the most recent Approved Bank List as distributed by the Treasurer of the State of Iowa or as amended as necessary by notice inserted in the monthly mailing by the Rate Setting Committee. Each financial institution shall be properly declared as a depository by the City Council of the City of Maquoketa. Deposits in any financial institution shall not exceed the $8,000,000 approved by the governing body of the City of Maquoketa.

B. Obligations of the United States government, its agencies and instrumentalities.

C. Certificates of deposit and other evidences of deposit at federally insured Iowa depository institutions approved and secured pursuant to Chapter 12C.

D. Iowa Public Agency Investment Trust (IPAIT)

E. Prime bankers acceptances that mature within 270 days of purchase and that are eligible for purchase by a federal reserve bank.

F. Commercial paper or other short-term corporate debt that matures within 270 days of purchase and is rated within the two highest classifications, as established by at least one superintendent of banking.

G. Repurchase agreements, provided that the underlying collateral consists of obligations of the United States government, its agencies and instrumentalities and the City of Maquoketa takes delivery of the collateral either directly or through an authorized custodian.

H. An open-end management investment company registered with the Securities & Exchange Commission under the Federal Investment Company Act of 1940, 15 U.S.C. Section 80(a) and operated in accordance with 17C.F.R. Section 270.2a-7, whose portfolio investments are limited to those instruments individually authorized in Section 5 of this Investment Policy.

All instruments eligible for investment are further qualified by all other provisions of this Investment Policy, including Section 7 investment maturity limitations and Section 8 diversification requirements.

Upon the departure of the Treasurer from office, the following instruments otherwise authorized as eligible for investment in Section 5 shall not be authorized for investment until further action is taken by the City Council of the City of Maquoketa. (Ord. 907, passed 8-17-98)

6. PROHIBITED INVESTMENTS AND INVESTMENT PRACTICES. Assets of the City of Maquoketa shall not be invested in the following:

A. Reverse repurchase agreements
B. Futures and options contracts

Assets of the City of Maquoketa shall not be invested pursuant to the following investment practices:

C. Trading of securities for speculation or the realization of short-term trading gains.
D. Pursuant to a contract providing for the compensation of an agent or fiduciary based upon the performance of the invested assets.

E. If a fiduciary or other third party with custody of public investment transaction records of the City of Maquoketa fails to produce requested records when requested by the City of Maquoketa within a reasonable time, the City of Maquoketa shall make no new investment with or through the fiduciary or third party and shall not renew maturing investments with or through the fiduciary or third party.

7. INVESTMENT MATURITY LIMITATIONS: Operating Funds must be identified and distinguished from all other funds available for investment. Operating Funds are defined as those funds which are reasonably expected to be expended during a current budget year or within fifteen (15) months of receipt.

All investments authorized in Section 5 are further subject to the following investment maturity limitations:

A. Operating Funds may only be invested in instruments authorized in Section 5 of this Investment Policy that mature within three hundred ninety-seven (397) days.

B. The Treasurer may invest funds of the City of Maquoketa that are not identified as Operating Funds in investments with maturities longer than three hundred ninety-seven (397) days. However, all investments of the City of Maquoketa shall have maturities that are consistent with the needs and use of the City of Maquoketa.

8. DIVERSIFICATION. Investments of the City of Maquoketa are subject to the following diversification requirements:

Prime bankers’ acceptances:

A. At the time of purchase, no more than ten percent (10%) of the investment portfolio of the City of Maquoketa shall be invested in prime bankers’ acceptances, and

B. At the time of purchase, no more than five percent (5%) of the investment portfolio of the City of Maquoketa shall be invested in the securities of a single issuer.

Commercial paper or other short-term corporate debt:

C. At the time of purchase, no more than ten percent (10%) of the investment portfolio of the City of Maquoketa shall be in commercial paper or other short-term corporate debt,

D. At the time of purchase, no more than five percent (5%) of the investment portfolio of the City of Maquoketa shall be invested in the securities of a single issuer, and

E. At the time of purchase, no more than five percent (5%) of all amounts invested in commercial paper and other short-term corporate debt shall be invested in paper and debt rated in the second highest classification.

Where possible, it is the policy of the City of Maquoketa to diversify its investment portfolio. Assets shall be diversified to eliminate the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer, or a specific class of securities. In establishing specific diversification strategies, the following general policies and constraints shall apply:

F. Portfolio maturities shall be staggered in a way that avoids undue concentration of assets in a specific maturity sector. Maturities shall be selected which provide stability of income and reasonable liquidity.

G. Liquidity practices to ensure that the next disbursement date and payroll date are covered through maturing investments, marketable U.S. Treasury bills or cash on hand shall be used at all times.

H. Risks of market price volatility shall be controlled through maturity diversification so that aggregate price losses on Instruments with maturities approaching one year shall not be greater than coupon interest and Investment Income received from the balance of the portfolio.

9. SAFEKEEPING AND CUSTODY. All invested assets of the City of Maquoketa involving the use of a public funds custodial agreement, as defined in Section 452.10, shall comply with all rules adopted pursuant to Section 452.10C. All custodial agreements shall be in writing and shall contain a provision that all custodial services be provided in accordance with the laws of the State of Iowa.

10. ETHICS AND CONFLICT OF INTEREST. The Treasurer and all officers and employees of the City of Maquoketa involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Any personal investments or loans in excess of $100,000 in or with any entity that the City of Maquoketa has declared as a depository or regularly conducts investment business with shall be disclosed in writing to the City Council of the City of Maquoketa.

11. REPORTING. The Treasurer shall submit annually an investment report that summarizes recent market conditions and investment strategies employed since the last investment report. The investment report shall set out the current portfolio in terms of maturity, rates of return and other features and summarize all investment transactions that have occurred during the reporting period and compare the investment results with the budgetary expectations.

12. INVESTMENT POLICY REVIEW AND AMENDMENT. This Investment Policy shall be reviewed every two years or more frequently as appropriate. Notice of amendments to the Investment Policy shall be promptly given to all parties noted in Section 1.

(Ord. 819, passed 9-7-93)

Chapter 6-Wards

2-6-1 PURPOSE
2-6-2 DIVISION INTO WARDS

2-6-1 PURPOSE. The purpose of this Chapter is to divide this City into geographical areas, herein called “wards,” so that each area may be represented on the Council by a Council Member from its own ward. (Ord. 371, 6-24-63)

2-6-2 DIVISION INTO WARDS. The City is divided into five (5) wards:

1. First Ward and First Precinct: The First Ward and First Precinct shall include all that part of the City lying in the Northeast part of the City:

Commencing at the intersection of East Platt Street and North Matteson Street thence North along North Matteson Street to the intersection with East Quarry Street, thence West along East Quarry Street to the intersection with North Eliza Street, thence North along North Eliza Street to the intersection with East Apple Street, thence West along East Apple Street to the intersection with North Main Street, thence North along North Main Street as extended to the North corporate line of the City, thence East and South along the corporate line to the intersection with East Platt Street, thence West to the point of beginning.

2. Second Ward and Second Precinct: The Second Ward and Second Precinct shall include all that part if the City lying in the Northwest part of the City:

Commencing at the intersection of Iowa Highway 64 and the West corporate line of the City, thence East along the center line of Iowa Highway 64 to the intersection with North Eliza Street, thence North along North Eliza Street to the intersection with East Apple Street, thence West along East Apple Street to the intersection with North Main Street, thence North along North Main Street to the to the North corporate line of the City, thence west and south along the corporate line of the City to the point of beginning.

3. Third Ward and Third Precinct: The Third Ward and Third Precinct shall include that part of the City lying in the Eastcentral part of the City:

Commencing at the intersection of South 5th Street and the corporate limits, thence north along South 5th Street to the intersection with West Jefferson Street, thence East along West Jefferson Street to the intersection with South 2nd Street, thence North along South 2nd Street to the intersection West Maple Street, thence East along West Maple Street to the intersection with South Main Street, thence North along South Main Street to the intersection with Platt Street, thence East along East Platt Street to the intersection with Eliza Street, thence North along North Eliza Street to the intersection with East Quarry Street, thence East along East Quarry Street to the intersection with North Matteson Street, thence South along North Matteson Street to the intersection with East Platt Street, thence East along East Platt Street to the East corporate limits, thence South and West along the corporate limits to the point of beginning.

4. Fourth Ward and Fourth Precinct: The Fourth Ward and Fourth Precinct shall include all that part of the City lying within the center lines of the following named streets:

Commencing at the intersection of West Summit Street and Thomas Avenue, thence North, then West, then North, then East along Thomas Avenue to the intersection with Jones Avenue, thence North along Jones Avenue to the intersection with West Platt Street, then East along West Platt Street to the intersection with Main Street, thence South along South Main Street to the intersection with Maple Street, thence West along West Maple Street to the intersection with South 2nd Street, thence South along South 2nd Street to the intersection with West Jefferson Street, thence West along West Jefferson Street to the intersection with South 5th Street, thence North along South 5th Street to the intersection with West Summit Street, thence West to the point of beginning.

5. Fifth Ward and Fifth Precinct: The Fifth Ward and Fifth Precinct shall include all that part if the City lying in the Western and Southern parts of the City, excluding Census Block No. 190450011001008 which lies within Clinton County and crosses a legislative district boundary. Census Block No. 190450011001008 shall be subject to the Memorandum of Agreement with Clinton County dated _10/24/11____.

Commencing at the intersection of Highway 61 and Family Dollar Parkway thence West to 220th Avenue, thence north along the corporate limits to the intersection with Highway 61 thence West along Highway 61 to 17th Street, thence West on 17th Street to the intersection with 184th Avenue, thence Northward along the corporate limits to the intersection with West Platt Street, thence East along West Platt Street to the intersection with Jones Avenue, thence South along Jones Avenue to the intersection with Thomas Avenue, thence west, south, east, and again south along Thomas Avenue to West Summit Street, thence East along West Summit Street to the intersection with South 5th Street, thence South along South 5th Street to corporate City limits, thence West, South, East and South along corporate City limits to the point of beginning.

6. At Large: The city shall have two At Large districts for the purposes of representation on the City Council. The At Large districts will encompass the entire area within the corporate limits of the City of Maquoketa.

(Ord. 957, Passed August 27, 2001) (Ord. 961, Passed December 27, 2001)
(Ord. 1096, Passed August 29, 2011) (Ord. 1099, Passed November 7, 2011)

Chapter 7-Elections

2-7-1 OFFICERS ELECTED
2-7-2 TERMS
2-7-3 NOMINATING METHOD TO BE USED
2-7-4 FILLING THE POSITION

2-7-1 OFFICERS ELECTED. The Mayor shall be elected at each regular City election. Council Members elected at election held in 1981 shall come from Wards 2 & 4 and the West Half at Large. Council Members elected at election held in 1983 shall come from Wards 1, 3 and 5 and the East Half at Large. Candidates receiving the majority of votes cast for each office shall be declared elected. In case of a tie, such tie shall be decided by lot.

2-7-2 TERMS. Terms of elected City officers begin and end at noon on the first day in January which is not a Sunday or legal holiday, following a regular City election at which said officers were elected.

2-7-3 NOMINATING METHOD TO BE USED. For the 1985 Municipal Election and in subsequent municipal elections of the City of Maquoketa, Iowa, all candidates for elective municipal offices shall be nominated by the procedures set forth in Chapter 45 of the Code of Iowa, 1983.

The method prescribed herein for nominating candidates shall remain in effect until or unless changed by ordinance.

2-7-4 FILLING THE POSITION. The candidate who receives the greatest number of votes for each office shall be elected to fill the position.

Chapter 9-Civil Service

2-9-1 CIVIL SERVICE RULES AND REGULATIONS ADOPTED
2-9-2 CIVIL SERVICE COMMISSION
2-9-3 PROCEDURE TO ABOLISH

2-9-1 CIVIL SERVICE RULES AND REGULATIONS ADOPTED. The provisions of Chapter 400, Code of Iowa, as that chapter may from time to time be amended, are hereby adopted.

2-9-2 CIVIL SERVICE COMMISSION. The City of Maquoketa Civil Service Commission is hereby created and it shall consist of three members who shall be appointed by a majority vote of the City Council and shall serve terms as set forth in 400.1 of the Code of Iowa.

2-9-3 PROCEDURE TO ABOLISH. The Civil Service Commission shall not be abolished except as provided by 400.3 of the Code of Iowa as it may from time to time be amended.

The City Clerk shall be the Clerk of the Commission.

(Ord. 807, passed 3-15-93)

Chapter 10-Library Board of Trustees

2-10-1 PURPOSE
2-10-2 LIBRARY TRUSTEES
2-10-3 QUALIFICATIONS OF TRUSTEES
2-10-4 ORGANIZATION OF THE BOARD
2-10-5 POWERS AND DUTIES
2-10-6 POWER TO CONTRACT WITH OTHERS FOR THE USE OF THE
LIBRARY
2-10-7 NONRESIDENT USE OF THE LIBRARY
2-10-8 LIBRARY ACCOUNT
2-10-9 ANNUAL REPORT

2-10-1 PURPOSE. The purpose of this Ordinance is to provide for the creation and appointment of a City Library Board of Trustees, and to specify that Board’s powers and duties.

2-10-2 LIBRARY TRUSTEES. The Board of Trustees of the Maquoketa Free Public Library, hereinafter referred to as the Board, consists of nine (9) members, one (1) of whom shall be a nonresident of the City of Maquoketa, but a resident of Jackson County. All resident Board members are to be appointed by the Mayor with the approval of the Council. The nonresident members shall be appointed by the Mayor with the approval of the Board of Supervisors.

2-10-3 QUALIFICATIONS OF TRUSTEES. All of the members of the Board shall be bona fide citizens and residents of the City, except the nonresident member, and all shall be over the age of eighteen (18) years.

2-10-4 ORGANIZATION OF THE BOARD.

1. Terms of Office. All appointments to the Board shall be for six (6) years, except to fill vacancies. Each term shall commence on July 1. Appointments shall be made every two (2) years of one-third (1/3) the total number as near as possible, to stagger the terms. The present incumbents are confirmed in their appointments and terms.

2. Vacancies. The position of any Trustee shall be vacant if he/she moves permanently from the City, or County in case of a nonresident Council Member, or if he/she is absent from six (6) consecutive regular meetings of the Board, except in the case of sickness or temporary absence from the City. Vacancies in the Board shall be filled by appointment of the Mayor, with approval of the Council, or the Board of Supervisors in the case of the nonresident member, and 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.

2-10-5 POWERS AND DUTIES. The Board shall have and exercise the following powers and duties:

1. To meet and elect from its members a President, Vice President and Secretary, and such other officers as it deems necessary. The City Treasurer shall serve as Board Treasurer, but shall not be a member of the Board.

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

3. To direct and control all the affairs of the Library.

4. 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. To remove the Librarian by a two-thirds (2/3) vote of the Board and provide procedures for the removal of assistants or employees for misdemeanor, incompetency or inattention to duty, subject, however, to the provisions of Chapter 70, Code of Iowa.

6. 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. To authorize the use of the Library by nonresidents of the City and to fix charges therefor.

8. To make and adopt, amend, modify or repeal rules and regulations, not inconsistent with 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. To have exclusive control of the expenditure of all funds allocated for Library purposes by the Council, and of all monie available by gift or otherwise for the erection of Library buildings, and of all other monie belonging to the Library including fines and rentals collected, under the rules of the Board.

10. 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 extend the funds received by them from such gifts, for the improvement of the Library.

11. To keep a record of its proceedings.

12. To enforce the performance of conditions on gifts, donations, devises and bequests accepted by the City Council.

13. 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.

2-10-6 POWER TO CONTRACT WITH OTHERS FOR THE USE OF THE LIBRARY.

1. Contracting. The Board may contract with any other Boards of Trustees of free public libraries of any other city, school, corporation, private or semi-private 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.

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 percent (5%) in number of the electors who voted for Governor in the territory of the 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 who is seeking to terminate the contract.

2-10-7 NONRESIDENT USE OF THE LIBRARY. The Board may authorize the use of the Library by nonresidents in any one or more of the following ways:

1. 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 upon payment of a special nonresident Library fee.

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

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

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

2-10-8 LIBRARY ACCOUNT. All money appropriated by the Council from the General Fund 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. The warrant writing officers shall be the City Manager and the Deputy City Clerk.

2-10-9 ANNUAL REPORT. The Board shall make a report to the City Council immediately after the close of the Municipal fiscal year. This report shall contain statements of the condition of the Library, the number of books added thereto, 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 required by the Council.