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B) Chapters 15 through 31 – Administration, Boards and Commissions

CHAPTER 15

MAYOR

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

15.01    TERM OF OFFICE.  The Mayor is elected for a term of four years.

(Code of Iowa, Sec. 376.2)

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

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

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

  1. 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])

  1. 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])

  1. 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 14 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])

  1. 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.
  2. 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.
  3. Whenever authorized by the Council, sign contracts on behalf of the City.
  4. 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 this Code of Ordinances and the laws of the State.
  5. Licenses and Permits. Sign all licenses and permits that have been granted by the Council, except those designated by law or ordinance to be issued by another municipal officer.
  6. Issue written order for removal, at public expense, any nuisance for which no person can be found responsible and liable.
  7. Absentee Officer. Make appropriate provision that duties of any absentee officer be carried on during such absence.
  8. Appoint such other officers as the Council may by ordinance direct the Mayor to appoint.
  9. Preside at Council Meetings. Preside at all meetings of the Council.

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

  1. Keep an Office. Keep an office at some convenient place in the City to be provided by the Council and provide for the keeping of the corporate seal of the City.
  2. Sign warrants only for claims and expenses and ordered paid by the City Council.
  3. Have such other powers as are conferred upon the Mayor by the laws of the State or by this Code of Ordinances.

15.03    APPOINTMENTS.  The Mayor shall appoint the following officials:

(Code of Iowa, Sec. 372.4)

  1. Mayor Pro Tem
  2. Historic Preservation Commission
  3. Tree Board (with Council approval)
  4. Library Board (with Council approval)

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

15.04    COMPENSATION.  The salary of the Mayor is $3,000.00 per year, payable quarterly.

(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)

[The next page is 75]

 

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 shall appoint a member of the Council as Mayor Pro Tem, who shall serve as 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 appoint, 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 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

CITY 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 two Council Members elected at large and one Council Member from each of three wards, as established by the Code of Ordinances, elected for overlapping terms of four years.

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

  1. 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])

  1. By ordinance, the Council may divide the City into wards based upon population, change the boundaries of wards, eliminate wards, or create new wards.

(Code of Iowa, Sec. 372.13[7])

  1. 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 that may be specially assessed.

(Code of Iowa, Sec. 364.2[1], 384.16 & 384.38[1])

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

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

  1. The Council shall make or authorize the making of all contracts.  No contract shall bind or be obligatory upon the City unless approved by the Council.

(Code of Iowa, Sec. 26.10)

  1. 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])

  1. 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 $100,000.00 on a public improvement project, or to accept public improvements and facilities upon their completion.  Each Council member’s vote on a measure must be recorded.  A measure that fails to receive sufficient votes for passage shall be considered defeated.

(Code of Iowa, Sec. 380.4)

  1. Overriding Mayor’s Veto. Within 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])

  1. Measures Become Effective. Measures passed by the Council become effective in one of the following ways:
  2. 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])

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

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

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

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

  1. 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])

  1. If the Mayor takes no action on an ordinance, amendment or resolution, a resolution becomes effective 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 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. 380.1[a])

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 request of a majority of the members of the Council.

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

  1. A majority of all Council members is a quorum.

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

  1. Rules of Procedure; Order of Business. The Council shall determine its own rules and maintain records of its proceedings.  Roberts Rules of Order shall govern all proceedings not provided for herein, and the presiding officer at Council meetings shall enforce and rule at all times.  The following is the order of business for all regular meetings:

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

  1. At the hour appointed for the meeting, the Clerk shall call the roll of members and record the attendance. If a quorum is present, the Council shall proceed to the business before it.
  2. The reading of the minutes of the proceedings of the last meeting.
  3. The presentation of petitions and communications.
  4. Resolutions and notices.
  5. Reports of City officers.
  6. Reports of the Committee of the Whole, which is comprised of all the members of the City Council. The report and recommendations shall be made by the Chairperson of the Committee, the Mayor.
  7. Reports of special committees in the order of their seniority. Report shall be made by the Chairperson of each committee.
  8. Unfinished business of preceding meeting.
  9. New or miscellaneous business.
  10. Compelling Attendance. Any three 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. Assistant City Clerk
  3. City Attorney
  4. City Administrator
  5. Police Chief
  6. Fire Chief
  7. Supervisor of Public Works
  8. Director of Parks and Recreation
  9. Airport Commission
  10. Planning and Zoning Board
  11. Community Center Board

17.06    COMPENSATION.  The salary of each Council member is $30.00 for each meeting of the Council attended, payable quarterly.

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

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CHAPTER 18

CITY CLERK

18.01 Appointment and Compensation 18.08 Records
18.02 Powers and Duties; Assistant City Clerk 18.09 Attendance at Meetings
18.03 Publication of Minutes 18.10 Licenses and Permits
18.04 Recording Measures 18.11 Notification of Appointments
18.05 Other Publications 18.12 Elections
18.06   Authentication 18.13 City Seals
18.07 Certification  

18.01    APPOINTMENT AND COMPENSATION.  The Council shall appoint by majority vote a City Clerk to serve for an indefinite term.  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; ASSISTANT CITY CLERK.  The Clerk or, in the Clerk’s absence or inability to act, the Assistant City Clerk has the powers and duties as provided in this chapter, this Code of Ordinances, and the law.  The Assistant City Clerk shall assist the Clerk in the administration of the powers and duties defined and enumerated in this chapter.

18.03    PUBLICATION OF MINUTES.  Within 15 days following a regular or special meeting, the Clerk 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 claims.

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

  1. 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 or more than 20 days before the date of the election, hearing, or other action, unless otherwise provided by law.

(Code of Iowa, Sec. 362.3)

  1. 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)

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    CERTIFICATION.  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])

  1. 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])

  1. Maintain all City records and documents, or accurate reproductions, for at least five 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 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])

  1. 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 for such officer in the discharge of such officer’s duty; furnish a copy to any citizen when requested upon payment of 50 cents, but if the copy contains more than 250 words, an additional 50 cents will be charged for every 250 words or fraction thereof; under the direction of the Mayor or other authorized officer, affix the seal of the City to those public documents or instruments that by this 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])

  1. 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.  The Clerk shall attend all regular and special Council meetings and, 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    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    NOTIFICATION OF APPOINTMENTS.  The Clerk shall inform all persons appointed by the Mayor or Council to offices in the City government of their positions and the time at which they shall assume the duties of their offices.

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

18.12    ELECTIONS.  The Clerk shall perform the duties relating to elections in accordance with Chapter 376 of the Code of Iowa.

18.13    CITY SEALS.  The City seal and the seal of the Clerk are in the custody of the Clerk and shall be attached as appropriate to all transcripts, orders, and certificates that it may be necessary or proper to authenticate.  The City seal has on its face and around its margin the words “Seal of the City of Belle Plaine, Benton County, Iowa,” and the seal of the Clerk is circular in form and has around its margin the words “Seal of the City Clerk,” and across the face and in the center the words “City of Belle Plaine, 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. 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 20.06 Provide Legal Opinion
20.02 Attorney for City 20.07 Attendance at Council Meetings
20.03 Power of Attorney 20.08 Prepare Documents
20.04 Ordinance Preparation 20.09 Keep Records
20.05 Review and Comment 20.10   Representation of City Employees

20.01    APPOINTMENT AND COMPENSATION.  The Council shall appoint by majority vote a City Attorney to serve for an indefinite term.  The City Attorney shall receive as compensation the sum of $30.00 for each regular and special meeting of the City Council attended, but the City Attorney shall not receive as compensation for attendance of regular and special meetings a sum in excess of $1,000.00 for any calendar year.  The compensation herein prescribed for the City Attorney shall be paid in addition to compensation for other approved legal services rendered for and on behalf of the City.

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 that 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 that may be required for the use of the City.

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

20.09    KEEP RECORDS.  The City Attorney shall keep in proper 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.

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

(Code of Iowa, Sec. 670.8)

 

CHAPTER 21

CITY ADMINISTRATOR

21.01 Appointment and Term 21.03   Qualifications
21.02 Compensation 21.04 Duties

21.01    APPOINTMENT AND TERM.  The Council shall appoint by majority vote a City Administrator to serve for an indefinite term.

21.02    COMPENSATION.  The City Administrator shall receive such annual salary as the Council shall from time to time determine by resolution.

21.03    QUALIFICATIONS.  The City Administrator shall have a Bachelor’s Degree in public administration or related field, and must be bondable.  Five years’ experience in municipal government or public administration is preferred.

21.04    DUTIES.  The duties of the City Administrator  are as follows:

  1. Implement Directives. Implement all policy directives promulgated by the Mayor in the Mayor’s executive capacity and by the City Council in its legislative capacity.
  2. Offices and Departments. Supervise all offices and departments of the City and provide direction to officers and department heads concerning the management and functions of offices and departments.
  3. Be responsible to the Mayor and Council for the administration of the City government.
  4. Supervise and direct the official conduct of all officers and employees of the City and have authority to employ and discharge such assistants and other employees of the City for which the City Council has approved the position.  The City Administrator does not have authority to hire or discharge the City Clerk, Police Chief, Director of Parks and Recreation, or City Attorney.
  5. Council and Committee Meetings. Attend all meetings of the City Council and City committees unless officially excused by the Mayor.
  6. Finance and Budget. Keep the Council and Mayor fully advised of the financial condition of the City and its future needs, prepare and submit to the Council and Mayor annually the required City budgets.
  7. Financial Reports. In cooperation with the City Clerk, make periodic itemized financial reports to the Council and Mayor.
  8. Supervise the performance of all contracts for work to be done for the City.
  9. Job Description. Perform all duties required by a job description adopted by a resolution of the Council which may be changed from time to time by the Council.
  10. Other Duties. Perform other duties as directed by the Mayor and Council.

    ° ° ° ° ° ° ° ° ° °

    CHAPTER 24

    LIBRARY BOARD OF TRUSTEES

    24.01 Public Library 24.07 Nonresident Use
    24.02 Library Trustees 24.08 Expenditures
    24.03   Qualifications of Trustees 24.09 Annual Report
    24.04 Organization of the Board 24.10 Injury to Books or Property
    24.05 Powers and Duties 24.11 Theft
    24.06 Contracting with Other Libraries 24.12 Notice Posted

    24.01    PUBLIC LIBRARY.  The public library for the City is known as the Belle Plaine Community Library.  It is referred to in this chapter as the Library.

    24.02    LIBRARY TRUSTEES.  The Board of Trustees of the Library, hereinafter referred to as the Board, consists of eight 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.

    24.03    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 18 years.

    24.04    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 years, except to fill vacancies.  Each term shall commence on July 1.  Appointments shall be made every two years of one-third the total number or as near as possible, to stagger the terms.
    2. 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 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. Trustees shall receive no compensation for their services.

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

    1. 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, 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. 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. 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. 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 by action against the Council.

    (Code of Iowa, Ch. 661)

    1. Record of Proceedings. To keep a record of its proceedings.
    2. 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.

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

    1. 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)

    1. 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 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 40 days before the election.  The proposition may be submitted at any election provided by law which is held in the territory of the party seeking to terminate the contract.

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

    24.08    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)

    24.09    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.

    24.10    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)

    24.11    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)

    24.12    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 months or more after the date the person agreed to return the Library materials, or failure to return Library equipment for one 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)

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

    (Code of Iowa, Sec. 808.12)

    CHAPTER 25

    PLANNING AND ZONING BOARD

    25.01 Planning and Zoning Board 25.05 Powers and Duties
    25.02 Term of Office 25.06 City Plan
    25.03 Vacancies 25.07 Amendment to Plan
    25.04 Compensation 25.08 Meetings

    25.01    PLANNING AND ZONING BOARD.  The City Planning and Zoning Board, hereinafter referred to as the Board, consists of five members appointed by the Council.  The Board members shall be residents of the City and shall not hold any elective office in the City government.

    (Code of Iowa, Sec. 414.6 & 392.1)

    25.02    TERM OF OFFICE.  The term of office of the members of the Board shall be five years.  The terms of not more than one-third of the members will expire in any one year.

    (Code of Iowa, Sec. 392.1)

    25.03    VACANCIES.  If any vacancy exists on the Board, 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)

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

    (Code of Iowa, Sec. 392.1)

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

    1. Selection of Officers. The Board 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)

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

    (Code of Iowa, Sec. 392.1)

    1. The Board 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)

    1. Recommendations on Improvements.  The design and proposed location of public improvements shall be submitted to the Board for its recommendations prior to any actions being taken by the City for the construction or placement of such improvements.  Such requirements and recommendations shall not act as a stay upon action for any such improvement if the Board, after 30 days’ written notice requesting such recommendations, has failed to file the same.

    (Code of Iowa, Sec. 392.1)

    1. Review and Comment on Plats. All plans, plats, or re-plats of subdivisions or re-subdivisions of land 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 Board and its recommendations obtained before approval by the Council.

    (Code of Iowa, Sec. 392.1)

    1. Fiscal Responsibilities. The Board 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 that are received by the City for City planning and zoning purposes.

    (Code of Iowa, Sec. 392.1)

    1. Limitation on Entering Contracts. The Board 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)

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

    (Code of Iowa, Sec. 392.1)

    25.06    CITY PLAN.  The Board shall make comprehensive studies for the general purpose of guiding and accomplishing a coordinated and harmonious development of the City to best promote the health, safety, morals, order, convenience, prosperity, and general welfare of the City along the lines of efficiency and economy.  The Board shall give a public hearing on any City Plan or parts or amendments to a City Plan proposed for adoption by publishing notice of such hearing in a newspaper of general circulation in the City at least 10 days prior to the date of such hearing.  The City Plan and all amendments thereto shall be adopted by resolution receiving at least a two-thirds affirmative vote of the Board.  An attested copy of such plan shall then be certified to the City Council, and when approved by the Council it shall constitute the official City Plan.

    25.07    AMENDMENT TO PLAN.  Any substantial amendment or modification of the official City Plan shall first be submitted to the Board for approval.  No change disapproved by the Board shall be made by the City Council except by a three-fourths vote of the entire membership of the Council.

    25.08    MEETINGS.  The meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine.  Joint meetings of the Board and City Council shall also be held upon call of the Mayor or upon call of three members of the City Council, said call to be made orally or in writing not less than 24 hours in advance of said joint meeting.

    [The next page is 107]

    CHAPTER 26

    PARKS AND RECREATION BOARD

    26.01 Board Created 26.04 Reports
    26.02 Board Organization 26.05 Rules
    26.03 Duties of the Board  

    26.01    BOARD CREATED.  A Parks and Recreation Board is hereby created to control all parks and pleasure grounds of the City and to control parks and community facilities for other forms of recreation.  It shall also plan and oversee City programs and encourage other programs for the leisure time of the City’s residents of all ages.

    26.02    BOARD ORGANIZATION.  The Parks and Recreation Board shall consist of three members; one member shall be elected at each regular municipal election for a term of six years.  A vacancy in the office of the Board shall be filled by the election of the majority of the whole number of the City Council.  The member so elected shall hold office until the next regular election and until a successor has qualified for office.

    26.03    DUTIES OF THE BOARD.  In addition to its duty to make a plan for recreation and for the facilities for recreation, and to update and revise these plans as required, the Board shall have authority over the properties and personnel devoted to parks and recreation, subject to the limitation of expenditures for salaries and supplies, contracts and capital outlays set forth in the annual budget provided by the Council for parks and recreation operations; and it shall cooperate with the City Administrator in the allotment of time of City employees for parks and recreation purposes.  The Board shall also have the following specific powers and duties:

    1. Elect Officers. Meet annually in January and elect from its members a Chairperson, a Vice Chairperson, and a Secretary.
    2. Recommend development and extension of parks and recreational facilities to the Council, and accomplish the same as specific municipal budget allocations permit.
    3. Employ such assistants and other employees necessary for the proper management of the parks and recreational facilities within specific municipal budget allocations, and to receive reports therefrom.  Wages, benefits, and other compensation of full time and regular part time employees will be fixed by the Council upon recommendation of the Board.  Wages of temporary and seasonal employees will be set by the Board.
    4. Select and purchase all items considered necessary for the operation of the parks and recreational facilities subject to their specific municipal budget allocation.
    5. Nonresident Use. Authorize the use of the parks and recreational facilities by nonresidents of the City and to fix charges for this privilege as well as fixing charges, if any, for use by residents of the City.
    6. Expenditure of Funds. Control exclusively, subject to municipal budget allocation, the expenditure of all portions of the municipal funds allocated for parks and recreational purposes by the Council and of all money available by gifts or otherwise, not including specific Council allocations or grants for the erection or construction of specific parks and recreational facilities, and of all other funds belonging to the Board, including charges made and collected for the use of parks and recreational facilities.
    7. Make and submit to the City Clerk on or before January 1 in each year an estimate, in specific budget form, of amounts necessary for the improvements, operation and maintenance of the parks and recreational facilities for the coming fiscal year, the amounts expended for like purposes for the two preceding years and the amount of income expected for the next fiscal year from the sources other than taxation.
    8. Policy and Public Relations. Perform its legal responsibility, to be responsible for sound programming and personnel policies, to maintain good public relations and to keep records of its proceedings.

    26.04    REPORTS. The Board shall make written reports to the Council of its activities from time to time as it deems advisable, or upon Council request.  Its revenues and expenditures shall be reported to the Clerk in the manner of other departmental expenditures, and a copy shall be provided to each member of the Board and in the Clerk’s report to the Council at the Council’s request.

    26.05    RULES.  The Board shall have power to make rules and regulations for the use of parks or other recreational facilities or for the conduct of recreational programs.  Such rules shall be either posted on the facility or otherwise publicized in a manner to provide adequate notice to the using public.  A violation of any Board rule or regulation, so posted or publicized, may be cause for denial of the use of a facility or participation in a program.

    [The next page is 111]

    CHAPTER 27

    AIRPORT COMMISSION

    27.01 Airport Commission 27.06 Powers and Duties
    27.02  Appointment and Term 27.07 Quarterly Report
    27.03 Vacancies 27.08 Penalties
    27.04 Compensation 27.09 Pledging Credit or Taxing Power Prohibited
    27.05 Officers 27.10 Authority to Accept Property

    27.01    AIRPORT COMMISSION.  There is hereby created an administrative agency pursuant to Section 330.23 and 392.1 of the Code of Iowa to supervise, under the auspices of the Council, the operation, planning, and control of all property acquired by the City for airport and industrial park purposes, to be known as the Airport Commission.

    (Code of Iowa, Sec. 330.20)

    27.02    APPOINTMENT AND TERM.  The Commission shall consist of five members appointed by the City Council for staggered terms of three years.  Four members of the Commission shall be residents of the City, and one member may be a nonresident of the City, residing in Benton County, Poweshiek County, Iowa County, or Tama County, Iowa.

    (Code of Iowa, Sec. 330.20)

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

    (Code of Iowa, Sec. 330.20)

    27.04    COMPENSATION.  Members of the Commission shall serve without compensation but may receive reimbursement for their actual expenses.

    (Code of Iowa, Sec. 330.20)

    27.05    OFFICERS.  The Commission shall elect from its own members a Chairperson, Vice Chairperson and Secretary, who shall serve for such term as the Commission shall determine.  The City Clerk shall serve as Treasurer of the Commission.

    (Code of Iowa, Sec. 330.20)

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

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

    (Code of Iowa, Sec. 330.21)  

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

    (Code of Iowa, Sec. 330.21)

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

    (Code of Iowa, Sec. 330.21)

    1. Rules for Operation and Maintenance. The Commission shall provide all needed rules for the operation, maintenance and improvement, regulation, economic conduct, and control of the airport and industrial park facility and shall make and update all plans that may be required for the airport site and industrial park area to serve the purposes for which they were intended.
    2. Licenses and Permits. The Commission shall have authority to apply for all required licenses and permits in the name of the City and, subject to the approval by the City Council, the agency may take action with other public or private agencies, all as provided by Chapter 28E, Code of Iowa.
    3. Fees and Charges. The Commission shall have the authority with Council approval to adopt rules for collection of fees and charges for use of the facilities under its control.

    27.07    QUARTERLY REPORT.  The Airport Commission shall at the end of each calendar quarter present to the Council a detailed and audited written report of all money received and disbursed by the Commission during said fiscal year, and shall publish a summary thereof in an official newspaper.

    (Code of Iowa, Sec. 330.22)

    27.08    PENALTIES.  Violation of agency rules which have been approved by the City Council and adopted by ordinance may be cause for denial for use of the facility and such violation may be prosecuted as a misdemeanor.

    27.09    PLEDGING CREDIT OR TAXING POWER PROHIBITED.  The Commission shall not pledge the credit or taxing power of the City.

    27.10    AUTHORITY TO ACCEPT PROPERTY.  The authority of the agency includes but is not limited to accepting property by gift, devise, bequest, or otherwise.

    CHAPTER 28

    TREE BOARD

    28.01 Tree Board Established 28.03 Permits
    28.02 Authority  

    28.01    TREE BOARD ESTABLISHED.  There is hereby created and established a Tree Board for the City, which shall consist of four members:  the City Administrator, who shall serve as Chairperson, and three citizens, residents of the City, who shall be appointed by the Mayor and City Council.  Members of the Board shall serve without compensation.  The terms of office for the Tree Board members shall be three years.  In the event that a vacancy occurs during the term of any member appointed by the City Council, his or her successor shall be appointed for the unexpired portion of the term.

    28.02    AUTHORITY.  The Tree Board shall authorize someone with knowledge of trees to have the following general power and duties:

    1. Direct, manage, supervise and control the City tree program.
    2. Guard all trees within the City right-of-way to prevent the spread of disease or pests and to eliminate any dangerous conditions that may affect the life, health, or safety of persons or property.
    3. Have such other powers and duties as provided by the laws of Iowa and this Code of Ordinances.

    28.03    PERMITS.  No person shall plant, spray fertilizer, prune, remove, cut above or below ground, or otherwise disturb any trees on any street or City-owned property without obtaining permission from the Tree Board or its authorized representative.

    ° ° ° ° ° ° ° ° ° °

    CHAPTER 30

    COMMUNITY CENTER BOARD

    30.01 Purpose 30.05 Authority to Accept Property
    30.02 Community Center Board of Trustees 30.06 Pledging Credit or Taxing Power Prohibited
    30.03 Organization of Board 30.07 Adoption of Rules and Penalties
    30.04 Duties of Board  

    30.01    PURPOSE.  The purpose of this chapter is to create and establish an administrative agency under the provisions of and within the meaning of Chapter 392 of the Code of Iowa and specifically to establish a community center to promote and to carry out all purposes identified at Sections 384.24(2b) and (2c) of said Code.

    30.02    COMMUNITY CENTER BOARD OF TRUSTEES.  A Community Center Board of Trustees (hereinafter referred to as the “Board”) is hereby created, whose members shall be vested with authority to provide for the management, control, administration, and government of the City enterprise to be known as the Belle Plaine Community Center and who shall provide all needed rules for the economic conduct thereof, all as provided by this chapter.

    30.03    ORGANIZATION OF BOARD.

    1. The Board shall consist of seven trustees, who shall be appointed by the City Council and whose terms of office shall be four years. Five of the members shall be residents of the City and two shall be active members of the community and live within 15 miles of the City limits.  These two trustees may be residents or nonresidents of the City.  Each trustee shall continue to hold office until a successor trustee has been appointed and has qualified for office.  Any vacancy in the membership of the Board shall be filled by appointment by the Belle Plaine City Council; such appointment to be for the unexpired term which the vacancy fills.
    2. The trustees, within ten days after their appointment, shall qualify by taking the oath of office and shall organize as a Board by the election of one of their number as Chairperson, one as Treasurer and one as Secretary; no bond shall be required of them. The City Clerk shall receive and disburse all funds under the control of the Board as ordered by the Board.
    3. No trustee shall receive any compensation for services performed as a Board member but may receive reimbursement for any cash expenses actually made for personal expenses incurred as a trustee.

    30.04    DUTIES OF BOARD.  The Board shall provide all needed rules for the economic conduct and operation of the Community Center and shall annually prepare a condensed statement of the total receipts and expenditures for said facility and cause the same to be published in a newspaper of general circulation in the City.  The Board shall also 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 12 months at the first regular meeting in each year.  Except as limited by this chapter, the Board shall have all powers and duties necessary for the management, control and government of the Belle Plaine Community Center.  The duties of the Board shall be to administer the Belle Plaine Community Center and operate said enterprise in accordance with this chapter, Chapter 392 and 384.24(2b) and (2c) of the Code of Iowa, and all other applicable federal and State laws.

    30.05    AUTHORITY TO ACCEPT PROPERTY.  The authority of the Board shall include but not be limited to accepting property by gift, devise, bequest, or otherwise; and if the Board deems it advisable, the Board may, at public sale, sell or exchange any property so accepted upon a concurring vote of a majority of all members of the trustees, and with approval of the City Council, and apply the proceeds thereof, or property received in exchange therefor, to any legitimate community center purpose.  The Board may also in its discretion establish a fund for depreciation as a separate fund; said funds may be invested in the United States Government Bonds and when so invested the accumulation of interest on the bonds so purchased shall be used for the purposes of the depreciation fund; an investment, when so made, shall remain in United States Government Bonds until such time as in the judgment of the Board it is deemed advisable to use the funds for community center purposes.

    30.06    PLEDGING CREDIT OR TAXING POWER PROHIBITED.  The Board shall not pledge the credit or taxing power of the City.  The Board is hereby vested with authority to establish and collect charges and to disburse the monies received for use of the Belle Plaine Community Center so long as there are no revenue bonds or pledge orders outstanding which are payable from revenues of the Belle Plaine Community Center.

    30.07    ADOPTION OF RULES AND PENALTIES.  The Board may adopt rules and provide penalties for violation of such rules adopted by ordinance, including penalties for denial of the use of said community center or participation in a program and establish provisions for hearing appeals for the denial of such use or participation.

    CHAPTER 31

    HISTORIC PRESERVATION COMMISSION

    31.01 Purpose and Intent 31.04 Powers of the Commission
    31.02 Definitions 31.05 Amendatory Provisions
    31.03 Structure of the Commission  

    31.01    PURPOSE AND INTENT. The purpose of this chapter is to:

    1. Promote the educational, cultural, economic and general welfare of the public through the recognition, enhancement, and perpetuation of sites and districts of historical and cultural significance.
    2. Safeguard the City’s historic, aesthetic, and cultural heritage by preserving sites and districts of historic and cultural significance.
    3. Stabilize and improve property values.
    4. Foster pride in the legacy of beauty and achievements of the past.
    5. Protect and enhance the City’s attractions to tourists and visitors and the support and stimulus to business thereby provided.
    6. Strengthen the economy of the City.
    7. Promote the use of sites and districts of historic and cultural significance as places for the education, pleasure, and welfare of the people of the City.

    31.02    DEFINITIONS.

    1. “Commission” means the Belle Plaine Historic Preservation Commission, as established by this chapter.
    2. “Historic district” means an area that contains a significant portion of buildings, structures, or other improvements that, considered as a whole, possess integrity of location, design, setting, materials, workmanship, feeling and association, and which:
    3. Embody the distinctive characteristics of a type, period, or method of construction, or which represent the work of a master, or possess high artistic values, or represent a significant and distinguishable entity whose components may lack individual distinction; or
    4. Are associated with events that have made significant contributions to the broad patterns of our local, State or national history; or
    5. Possess a coherent and distinctive visual character or integrity based upon similarity of scale, design, color, setting, workmanship, materials, or combinations thereof, which is deemed to add significantly to the value and attractiveness of properties within such area; or
    6. Are associated with the lives of persons significant in our past; or
    7. Have yielded, or may be likely to yield, information important in prehistory or history.
    8. “Historic landmark” means a site (including archaeological sites), object, structure, or building which:
    9. Is associated with events that have made a significant contribution to the broad patterns of our history; or
    10. Is associated with the lives of persons significant in our past; or
    11. Embodies the distinctive characteristics of a type, period, or method of construction, or that represents a work of a master, or that possesses high artistic values, or that represents a significant and distinguishable entity whose components may lack individual distinction; or
    12. Has yielded, or may be likely to yield, information important in prehistory or history.

    31.03    STRUCTURE OF THE COMMISSION.

    1. The Commission shall initially consist of three members, who are residents of the City.
    2. Members of the Commission shall be appointed by the Mayor with the advice and consent of the City Council. Members shall demonstrate a positive interest in historic preservation, possessing interest or expertise in architecture, architectural history, historic preservation, city planning, building rehabilitation, conservation in general, or real estate.
    3. The appointment of the members to the Commission shall be for staggered terms of three years, from January 1 following the year of such appointment or until a successor is appointed to serve for the term of three years.
    4. Vacancies occurring in the Commission, other than expiration of term of office, shall be only for the unexpired portion of the term of the member replaced.
    5. Members may serve for more than one term and each member shall serve until the appointment of a successor.
    6. Vacancies shall be filled by the City according to the original selection as aforesaid.
    7. Members shall serve without compensation.
    8. A simple majority of the Commission shall constitute a quorum for the transaction of business.
    9. The Commission shall elect a Chairperson, who shall preside over all Commission meetings, and a Secretary, who shall be responsible for maintaining written records of the Commission’s proceedings.
    10. The Commission shall meet at least three times a year.

    31.04    POWERS OF THE COMMISSION.

    1. The Commission may conduct studies for the identification and designation of historic districts and landmarks meeting the definitions established by this chapter. The Commission may proceed at its own initiative or upon a petition from any person, group, or association.  The Commission shall maintain records of all studies and inventories for public use.
    2. The Commission may make a recommendation to the State Historic Preservation Office for the listing of a historic district or landmark in the National Register of Historic Places and may conduct a public hearing thereon.
    3. The Commission may investigate and recommend to the City Council the adoption of ordinances designating historic landmarks and historic districts if they qualify as defined herein.
    4. The Commission shall provide information for the purpose of historic preservation to the Council.
    5. The Commission shall promote and conduct an educational and interpretive program on historic properties within its jurisdiction.
    6. In addition to those duties and powers specified above, the Commission may, with City Council approval:
    7. Accept unconditional gifts and donations of real and personal property, including money, for the purpose of historic preservation.
    8. Acquire by purchase, bequest, or donation, fee and lesser interest in historic properties, including properties adjacent to or associated with historic properties.
    9. Preserve, restore, maintain, and operate historic properties, under the ownership or control of the Commission.
    10. Lease, sell, and otherwise transfer or dispose of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property.
    11. Contract, with the approval of the governing body, with the State or the federal government or other organizations.
    12. Cooperate with the federal, State, and local governments in the pursuance of the objectives of historic preservation.

    31.05    AMENDATORY PROVISIONS.  The City may amend this chapter to meet any unforeseen circumstances that may affect the duties and responsibilities of the Commiss

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