Text: SF00229 Text: SF00231 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 230 1 2 1 3 AN ACT 1 4 RELATING TO THE PROCEDURE FOR REDUCING THE NUMBER OF MEMBERS 1 5 OF A CITY COUNCIL FROM FIVE TO THREE IN CERTAIN CITIES AND 1 6 PROVIDING AN EFFECTIVE DATE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 372.4, Code 2003, is amended to read as 1 11 follows: 1 12 372.4 MAYOR-COUNCIL FORM. 1 13 1. A city governed by the mayor-council form has a mayor 1 14 and five council members elected at large, unless the council 1 15 representation plan is changed pursuant to section 372.13, 1 16 subsection 11. The council may, by ordinance, provide for a 1 17 city manager and prescribe the manager's powers and duties, 1 18 and as long as the council contains an odd number of council 1 19 members, may change the number of wards, abolish wards, or 1 20 increase the number of council members at large without 1 21 changing the form. 1 22 However, a city governed, on July 1, 1975, by the mayor- 1 23 council form composed of a mayor and a council consisting of 1 24 two council members elected at large, and one council member 1 25 from each of four wards, or a special charter city governed, 1 26 on July 1, 1975, by the mayor-council form composed of a mayor 1 27 and a council consisting of two council members elected at 1 28 large and one council member elected from each of eight wards, 1 29 may continue until the form of government is changed as 1 30 provided in section 372.2 or section 372.9. While a city is 1 31 thus operating with an even number of council members, the 1 32 mayor may vote to break a tie vote on motions not involving 1 33 ordinances, resolutions or appointments made by the council 1 34 alone, and in a special charter city operating with ten 1 35 council members under this section, the mayor may vote to 2 1 break a tie vote on all measures. 2 2 2. The mayor shall appoint a council member as mayor pro 2 3 tem, and shall appoint and dismiss the marshal or chief of 2 4 police except where an intergovernmental agreement makes other 2 5 provisions for police protection or as otherwise provided in 2 6 section 400.13. However, the appointment and dismissal of the 2 7 marshal or chief of police are subject to the consent of a 2 8 majority of the council. Other officers must be selected as 2 9 directed by the council. The mayor is not a member of the 2 10 council and shall not vote as a member of the council. 2 11 3. In a city having a population of between five hundred 2 12 and five thousandor less, the city council may, or shall upon 2 13 petition of the electorate meeting the numerical requirements 2 14 of section 372.2, subsection 1, submit a proposal at the next 2 15 regular or special city election to reduce the number of 2 16 council members to three. If a majority of the voters voting 2 17 on the proposal approves it, the proposal is adopted. If the 2 18 proposal is adopted, the new council shall be elected at the 2 19 next regular or special city election. The council shall 2 20 determine by ordinance whether the three council members are 2 21 elected at large or by ward. 2 22 4. In a city having a population of less than five 2 23 hundred, the city council may adopt a resolution of intent to 2 24 reduce the number of council members from five to three and 2 25 shall call a public hearing on the proposal. Notice of the 2 26 time and place of the public hearing shall be published as 2 27 provided in section 362.3, except that at least ten days' 2 28 notice must be given. At the public hearing, the council 2 29 shall receive oral and written comments regarding the proposal 2 30 from any person. Thereafter, the council, at the same meeting 2 31 as the public hearing or at a subsequent meeting, may adopt a 2 32 final resolution to reduce the number of council members from 2 33 five to three or may adopt a resolution abandoning the 2 34 proposal. If the council adopts a final resolution to reduce 2 35 the number of council members from five to three, a petition 3 1 meeting the same requirements specified in section 362.4 for 3 2 petitions authorized by city code may be filed with the clerk 3 3 within thirty days following the effective date of the final 3 4 resolution, requesting that the question of reducing the 3 5 number of council members from five to three be submitted to 3 6 the registered voters of the city. Upon receipt of a petition 3 7 requesting an election, the council shall direct the county 3 8 commissioner of elections to put the proposal on the ballot 3 9 for the next regular city election. If the ballot proposal is 3 10 adopted, the new council shall be elected at the next 3 11 following regular city election. If a petition is not filed, 3 12 the council shall notify the county commissioner of elections 3 13 by July 1 of the year of the regular city election and the new 3 14 council shall be elected at that regular city election. If 3 15 the council notifies the commissioner of elections after July 3 16 1 of the year of the regular city election, the change shall 3 17 take effect at the next following regular city election. The 3 18 council shall determine by ordinance whether the three council 3 19 members are elected at large or by ward. 3 20 Sec. 2. EFFECTIVE DATE. This Act, being deemed of 3 21 immediate importance, takes effect upon enactment. 3 22 3 23 3 24 3 25 MARY E. KRAMER 3 26 President of the Senate 3 27 3 28 3 29 3 30 CHRISTOPHER C. RANTS 3 31 Speaker of the House 3 32 3 33 I hereby certify that this bill originated in the Senate and 3 34 is known as Senate File 230, Eightieth General Assembly. 3 35 4 1 4 2 4 3 MICHAEL E. MARSHALL 4 4 Secretary of the Senate 4 5 Approved , 2003 4 6 4 7 4 8 4 9 THOMAS J. VILSACK 4 10 Governor
Text: SF00229 Text: SF00231 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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