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 two (2) years.

(Code of Iowa, Sec. 376.2)

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

1. Chief Executive Officer. Act as the chief executive officer of the City and presiding officer of the Council, supervise all departments of the City, give direction to department heads concerning the functions of the departments, and have the power to examine all functions of the municipal departments, their records and to call for special reports from department heads at any time.

(Code of Iowa, Sec. 372.14[1])

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

(Code of Iowa, Sec. 372.14[2])

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

(Code of Iowa, Sec. 372.14[1])

4. Mayor’s Veto. Sign, veto or take no action on an ordinance, amendment or resolution passed by the Council. The Mayor may veto an ordinance, amendment or resolution within fourteen days after passage. The Mayor shall explain the reasons for the veto in a written message to the Council at the time of the veto.

(Code of Iowa, Sec. 380.5 & 380.6[2])

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

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

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

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

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

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

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

15.03    APPOINTMENTS. The Mayor shall appoint the following officials:

(Code of Iowa, Sec. 372.4)

  1. Mayor Pro Tem
  2. Library Board of Trustees, subject to Council approval
  3. Zoning Officer, subject to Council approval

15.04    COMPENSATION. The salary of the Mayor is two thousand dollars ($2,000.00) per year, payable annually.

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

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

(Code of Iowa, Sec. 372.4)

CHAPTER 16

MAYOR PRO TEM

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

16.01    VICE PRESIDENT OF COUNCIL. The Mayor Pro Tem is vice president of the Council.

(Code of Iowa, Sec. 372.14[3])

16.02    POWERS AND DUTIES. Except for the limitations otherwise provided herein, the Mayor Pro Tem shall perform the duties of the Mayor in cases of absence or inability of the Mayor to perform such duties. In the exercise of the duties of the office the Mayor Pro Tem shall not have power to employ, or discharge from employment, officers or employees that the Mayor has the power to appoint, employ or discharge without the approval of the Council.

(Code of Iowa, Sec. 372.14[3])

16.03    VOTING RIGHTS. The Mayor Pro Tem shall have the right to vote as a member of the Council.

(Code of Iowa, Sec. 372.14[3])

16.04    COMPENSATION. If the Mayor Pro Tem performs the duties of the Mayor during the Mayor’s absence or disability for a continuous period of fifteen (15) days or more, the Mayor Pro Tem may be paid for that period the compensation as determined by the Council, based upon the Mayor Pro Tem’s performance of the Mayor’s duties and upon the compensation of the Mayor.

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

 

 

CHAPTER 17

COUNCIL

17.01 Number and Term of Council 17.04 Council 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 five (5) Council members elected at large for overlapping terms of four (4) years.

(Code of Iowa, Sec. 372.4 & 376.2)

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. 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])

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

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

4. Contracts. The Council shall make or authorize the making of all contracts. No contract shall bind or be obligatory upon the City unless adopted by resolution of the Council.

(Code of Iowa, Sec. 384.100)

5. 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])

6. 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 twenty-five thousand dollars ($25,000.00) on any one 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.

(Code of Iowa, Sec. 380.4)

2. Overriding Mayor’s Veto. Within thirty (30) days after the Mayor’s veto, the Council may pass the measure again by a vote of not less than two-thirds of all of the members of the Council.

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

3. Measures Become Effective. Measures passed by the Council become effective in one of the following ways:

A. An ordinance or amendment signed by the Mayor becomes effective when the ordinance or a summary of the ordinance is published, unless a subsequent effective date is provided within the ordinance or amendment.

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

B. A resolution signed by the Mayor becomes effective immediately upon signing.

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

C. A motion becomes effective immediately upon passage of the motion by the Council.

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

D. If the Mayor vetoes an ordinance, amendment or resolution 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 the ordinance or a summary of the ordinance is published, unless a subsequent effective date is provided within the ordinance or amendment.

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

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

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

"All of the members of the Council" refers to all of the seats of the Council including a vacant seat and a seat where the member is absent, but does not include a seat where the Council member declines to vote by reason of a conflict of interest.

(Code of Iowa, Sec. 380.4)

17.04    COUNCIL 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 its own rules and maintain records of its proceedings.

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

5. Compelling Attendance. Any three (3) members of the 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. Historical Museum Commission
    4. Calkins Commission
    5. Planning and Zoning Commission
    6. Zoning Board of Adjustment
    7. Water Superintendent
    8. Sanitary Sewer Superintendent
    9. Street Superintendent

17.06    COMPENSATION. The salary of each Council member is forty dollars ($40.00) for each meeting of the Council attended, payable annually.

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

])

17.07    REMOVAL OF ELECTED OFFICIALS.

    1. Causes for Removal of Elected Officers. Any incumbent municipal officer chosen by a vote of the people, after qualifying for said office, is subject to removal from said office, after hearing before the Council, for any of the following causes:

A. Gross neglect or refusal to serve by failure to attend regular Council meetings by missing three of the twelve meetings in a twelve month period, excusable illness or emergencies excepted, or neglect or refusal to sign papers, or other failure to serve.

B. Inability to attend any official meetings or to carry out duties due to physical or mental infirmities that appear, upon careful inquiry, to be of such severe or chronic character as to preclude rendering necessary services expected of the office for two months or more.

C. Inability to properly exercise official duties due to such mental or physical incapacity even when present or on the job.

D. Commission of such acts as would be grounds for an equitable action for removal in the District Court.

2. Council Hearing. The Council, upon adopting a motion setting a public hearing, shall cause notice to be given by certified mail to the officer for which removal is sought. Such notice shall be mailed not less than ten (10) or more than twenty (20) days before said hearing. In the case of severe physical or mental disability, said notice may be given to said person’s attorney, or to a person holding the power of attorney, or to the next of kin if there is no known attorney, if notice to the person would not be of practical effect. Refusal by the person to accept notice, inability to deliver notice because of frequent absence from his usual place of abode for extended periods, or other cause of failure to complete notice may be noted by hearings, but shall not bar the proceedings if notice had been diligently tried and the efforts recited in the record.

3. Presentation of Case for Removal. The Council shall constitute the hearing body for other than Council Members, but where removal of a Council Member is sought, the remaining members of the Council shall constitute the hearing body. The Council at the time of making motion to hold a hearing for considering the removal of an elected officer, shall designate the president of the hearing, who shall be the Mayor in all cases except when removal of the Mayor is sought, and then the Mayor Pro Tem shall be designated as president of the hearing. The Council shall name one of its members to present the cause for removal, and municipal officers possessing pertinent facts shall provide such data upon request, including attendance record and testimony of negligent acts or of disabilities. All charges shall be in writing and the above data shall be presented as written affidavits. If medical or other professional evaluations are needed, depositions may be taken and presented unless personal testimony of such authorities is deemed necessary to more fully understand the circumstances.

4. Declaration of Vacancy. If it appears from the facts established at the hearing that grounds for removal exist, the Council may order removal of the person from office and declare the office vacant, but only upon a two-thirds vote of the entire Council. Said removal shall take effect the day after said vote and order unless the person shall have within said time appealed to the district court under provisions of Chapter 66, Code of Iowa. Where removal is consummated, the vacancy shall be filled promptly in the manner prescribed by Section 5.10 of Chapter 5. The record of the hearing shall be entered in the proceedings of the Council and the written changes, data and affidavits safely filed with the municipal records.

(Ord. 328 – Oct. 07 Supp.)

 

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 Publication of Minutes 18.10 Issue Licenses and Permits
18.04 Recording Measures 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. At its first meeting in January following the regular city election the Council shall appoint by majority vote a City Clerk to serve for a term of two (2) years. 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    PUBLICATION OF 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. The Clerk shall promptly record each measure considered by the Council and record a statement with the measure, 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 & 2])

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 this 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 this 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 measures except motions with the Clerk’s signature, certifying the time and manner of publication when required.

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

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[5])

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[5])

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. Certify to the County Commissioner of Elections the type of nomination process to be used by the City no later than ninety (90) 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 "WYOMING" and around the margin of which are the words "CITY SEAL - IOWA."

CHAPTER 19

CITY TREASURER

19.01 Appointment 19.03 Duties of Treasurer
19.02 Compensation  

19.01    APPOINTMENT. The City Clerk is the Treasurer and performs all functions required of the position of Treasurer.

19.02    COMPENSATION. The Clerk receives no additional compensation for performing the duties of the Treasurer.

19.03    DUTIES OF TREASURER. The duties of the Treasurer are as follows:

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

1. Custody of Funds. Be responsible for the safe custody of all funds of the City in the manner provided by law, and Council direction.

2. Record of Fund. Keep the record of each fund separate.

3. Record Receipts. Keep an accurate record of all money or securities received by the Treasurer on behalf of the City and specify the date, from whom, and for what purpose received.

4. Record Disbursements. Keep an accurate account of all disbursements, money or property, specifying date, to whom, and from what fund paid.

5. Special Assessments. Keep a separate account of all money received by the Treasurer from special assessments.

6. Deposit Funds. Upon receipt of moneys to be held in the Treasurer’s custody and belonging to the City, deposit the same in depositories selected by the Council.

7. Reconciliation. Reconcile depository statements with the Treasurer’s books and certify monthly to the Council the balance of cash and investments of each fund and amounts received and disbursed.

8. Debt Service. Keep a register of all bonds outstanding and record all payments of interest and principal.

9. Other Duties. Perform such other duties as specified by the Council by resolution or ordinance.

 

CHAPTER 20

CITY ATTORNEY

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

20.01    APPOINTMENT AND COMPENSATION. The Council shall appoint by majority vote a City Attorney to serve at the discretion 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 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    PROVIDE LEGAL OPINION. The City Attorney shall give advice or a written legal opinion on City contracts and all questions of law relating to City matters submitted by the Mayor or Council.

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

20.07    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])

20.08    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])

 

 

CHAPTER 21

LIBRARY BOARD OF TRUSTEES
21.01 Public Library 21.07 Nonresident Use
21.02 Library Trustees 21.08 Expenditures
21.03 Qualifications of Trustees 21.09 Annual Report
21.04 Organization of the Board 21.10 Injury to Books or Property
21.05 Powers and Duties 21.11 Theft
21.06 Contracting with Other Libraries 21.12 Notice Posted

21.01    PUBLIC LIBRARY. The public library for the City is known as the Wyoming Public Library. It is referred to in this chapter as the Library.

21.02    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 Mayor with the approval of the County Board of Supervisors.

21.03    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.

21.04    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.

21.05    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. The City Treasurer shall serve as Board Treasurer, but shall not be a member of the Board.

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 and control 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 remove the librarian, by a two-thirds 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.

21.06    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 percent (5%) 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.

21.07    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.

21.08    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)

21.09    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.

21.10    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)

21.11    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)

21.12    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 22

PLANNING AND ZONING COMMISSION

22.01 Planning and Zoning Commission 22.04 Compensation
22.02 Term of Office 22.05 Powers and Duties
22.03 Vacancies  

22.01    PLANNING AND ZONING COMMISSION. There shall be appointed by the Council a City Planning and Zoning Commission, hereinafter referred to as the Commission, consisting of five (5) members, who shall be residents of the City and qualified by knowledge or experience to act in matters pertaining to the development of a City plan and who shall not hold any elective office in the City government. (Ord. 321 – Aug. 06 Supp.)

(Code of Iowa, Sec. 414.6 & 392.1)

22.02    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)

22.03    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)

22.04    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)

22.05    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 Chairperson’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 23

HISTORICAL MUSEUM COMMISSION
23.01 Commission Created 23.03 Powers
23.02 Term of Office  

23.01    COMMISSION CREATED. There is hereby created a City Historical Museum Commission composed of seven (7) residents of the Midland Community School District, at least four (4) of whom shall be residents of the City, who shall be qualified by knowledge and experience to act in matters pertaining to the establishment, administration and maintenance of an Historical Museum upon the real estate described as:

Lot 3, excepting the east 6 inches thereof; and the east one-third (1/3) of Lot 4; all in Block 17, in the Town (now City) of Wyoming, Jones County, Iowa.

23.02    TERM OF OFFICE. All members of the Commission shall be appointed by the Council for overlapping terms of six years, commencing August 1 each year. No more than seven (7) members shall serve on the Commission at any one time. The terms of not more than three (3) members shall expire on any one July 1 to the end that the Commission shall have continuity of members with prior service. All seven (7) members shall be voting members. In addition thereto, one (1) member of the Council shall designated by the Mayor to serve in a liaison and ex officio capacity, without vote. Any vacancy occurring on the Commission, caused by resignation or otherwise, shall be filled by the Council for the unexpired term. All members of such Commission shall serve without compensation except for actual expenses, which shall be subject to the approval of the Council. The number of members and the length of the terms of the members may be changed by amendment of the Council. The Commission shall select its own officers annually.

23.03    POWERS. The Commission shall have and possess the following powers and such other powers as may be incidental to successfully carrying out the powers vested in it herein, or such as may be expressly conferred upon it by law:

    1. To plan, develop, manage and operate an historical museum on the property described in Section 23.01 above.
    2. To receive moneys, accept donations of property and exhibits and to otherwise raise funds by solicitation and contribution. Such funds shall be maintained in a special fund in the office of the Clerk with expenditures of the funds to be made by the Clerk upon authorization and direction of the Commission made in meeting assembled. In addition, the Commission shall have such funds as may be allotted to it by the Council.
    3. To make rules and regulations for the operation, management and maintenance of the Wyoming Historical Museum, including the charging of appropriate and reasonable admission fees and other charges relative thereto, which said funds shall be delivered to and accounted for by the Clerk. The Council shall have the authority to supersede any of the Commission’s acts and duties, in the event the same are deemed to be contrary to the best interests of the City or the public. Minutes of each meeting of the Commission shall include a report of all acts taken by the Commission and shall be made available to the Council at the following Council meeting.
    4. To issue a Letter of Intent to Mr. Martin Botkin, the prospective donor of pharmaceutical personal property and memorabilia, together with many other antique items of historical museum quality. Such Letter of Intent shall be approved by the Council prior to delivery. The Letter of Intent to Mr. Martin Botkin shall provide that in the event the Commission can no longer maintain the display of the pharmaceutical personal property, memorabilia and antique items, the City shall offer the same to a qualified, nonprofit Iowa museum or education institution as a gift to be maintained and not to be sold, which donee must be willing to preserve, maintain and provide a public display of the pharmaceutical personal property, memorabilia and other antiques.
    5. To recommend to the Council, from time to time, as conditions and experience require, amendments, supplements, changes or modifications in the provisions for the maintenance, administration and operation of the Wyoming Historical Museum.
    6. To have such other powers and perform such other duties as the Council may from time to time provide and direct.

CHAPTER 24

CALKINS COMMISSION
24.01 Calkins Commission Created 24.03 Powers
24.02 Term of Office  

24.01    CALKINS COMMISSION CREATED. There is hereby created a Commission composed of nine (9) individuals, including the acting Mayor of the City, the acting Clerk of the City, and seven residents of Jones County, Iowa, who shall be qualified by knowledge and experience, to act in matters pertaining to the establishment, administration, and maintenance of a historical museum upon the real estate described as:

All of Block Sixteen (16) of the Original Town of Wyoming in Jones County, Iowa, being made up of Lots One (1) to Twelve (12) inclusive, and being in the Southwest Quarter of the Northeast Quarter (SW¼NE¼) of Section Thirty (30), together with and including any part of any street or alley adjacent to said premises, vacated or to be vacated, according to the plat thereof on file and of record in the office of the County Recorder in and for said Jones County.

24.02    TERM OF OFFICE. The acting Mayor of the City and the acting Clerk of the City shall be permanent members of the Commission. The seven (7) remaining members of the Commission shall be appointed by the Council for terms commencing on January 1, 2001, with one term to expire one year thereafter, one term to expire two years thereafter, one term to expire three years thereafter, two terms to expire four years thereafter, and two terms to expire five years thereafter. After the initial appointments, all terms will be for six years. All members of the Commission shall be voting members. Any vacancy occurring on the Commission, caused by resignation or otherwise, shall be filled by the Council for the unexpired term. All members of such Commission shall serve without compensation except for actual expenses which shall be subject to the approval of the Council. The number of members and the length of the terms of the members may be changed by amendment of the Council. The Commission shall select a Chairperson annually. The Clerk shall serve as the Treasurer of the Commission.

24.03    POWERS. The Commission shall have and possess the following powers and such other powers as may be incidental to successfully carrying out of the powers vested in it herein, or such as may be expressly conferred upon it by law:

    1. To plan, develop, manage and operate a historical museum on the property described in Section 24.01 above.
    2. To receive funds as may be allotted to it by the Council and the Walter C. and Mary C. Briggs Charitable Trust. Such funds shall be maintained in a special fund in the office of the Clerk with expenditures of the funds to be made by the Clerk upon authorization and direction of the Commission made in meeting assembled. The Commission shall also have the power to receive monies, accept donations of property and exhibits and to otherwise raise funds by solicitation and contribution.
    3. To make rules and regulations for the renovation, operation, management and maintenance of the historical museum, including the charging of appropriate and reasonable admission fees and other charges relative thereto, which funds shall be delivered to and accounted for by the Clerk. The Council shall have the authority to supersede any of the Commission’s acts and duties, in the event the same are deemed to be contrary to the best interest of the City or the public. Minutes of each meeting of the Commission shall include a report of all acts taken by the Commission and shall be made available to the Council at the following Council meeting.
    4. To recommend to the Council, from time to time, as conditions and experience require, amendments, supplements, changes or modifications in the provisions for the renovation, maintenance, administration and operation of the Historical Museum.
    5. To have such other powers and perform such other duties as the Council may from time to time provide and direct.

CHAPTER 25

WYOMING CHILD CARE ADMINISTRATIVE AGENCY

25.01  Establishment

25.04  Duties

25.02  Authority

25.05  Rates

25.03  Membership

 

25.01    ESTABLISHMENT.  The Wyoming Child Care Administrative Agency is hereby established as an administrative agency of the City under Chapter 392 of the Code of Iowa.

25.02    AUTHORITY.  A Board of Trustees of the Wyoming Child Care Administrative Agency (the “Agency”) is hereby created.  The Members of the Board of Trustees of such Agency shall be vested with the authority to provide for the management, control, administration and government of such Agency, Facility and Enterprise.  The Board of Trustees shall provide all needed rules for the operation of the Agency, Facility, and Enterprise, and the Board of Trustees shall be vested with the authority to establish rates and collect charges (the “Rates”) for the use of the Facility.

25.03    MEMBERSHIP.  The Board of Trustees shall consist of five members (the “Members”).  Two Members (the “City Council Appointed Members”) of the Board of Trustees shall be appointed by the City Council.  The City Council Appointed Members must be residents of the City of Wyoming.  Three Members (the “School District Appointed Members”) of the Board of Trustees shall be appointed by the School Board of the Midland Community School District (the “School District”).  The School District Appointed Members must reside within the boundaries of the Midland Community School District.  The term of each Member so appointed shall be for a term of four years.  Any vacancy in the membership of the Board of Trustees shall be filled by appointment by the City Council or the School District accordingly, such appointment to be for the unexpired term which the vacancy fills.

25.04    DUTIES.  The Board of Trustees shall provide all needed rules for the operation of the Facility and the Enterprise.  The Board of Trustees shall prepare and present to the City Council at its first meeting in the months of April, July, October and January a detailed and itemized accounting of all receipts and disbursements of the previous three months and shall further present an itemized accounting of all receipts and disbursements for the previous twelve months at the first regular meeting in each year.  The duties of the Board of Trustees shall be to administer the Facility and Enterprise and operate said Facility and Enterprise in accordance with this chapter, Chapter 392 and 384.24(2)(1) of the Code of Iowa, and all other applicable Federal and State laws.

25.05    RATES.  The rates established by the Board of Trustees for use of the Facility must be at least sufficient to pay the expenses of operation and maintenance of the Facility, which shall include salaries, wages, cost of maintenance and operation, materials, supplies, insurance and all other items normally included under recognized accounting practices (but does not include allowances for depreciation in the valuation of physical property) and to leave a balance of net revenues (herein referred to as the “Net Revenues”) sufficient to satisfy the covenants and requirements relative to and debt obligations issued by the City and secured by the Net Revenues of the Facility and Enterprise.

 

(Ch. 25 – Ord. 350 – Aug. 10 Supp.)

 

 

 

 

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