Text: SSB01068 Text: SSB01070 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 372.4, Code 2003, is amended to read as 1 2 follows: 1 3 372.4 MAYOR-COUNCIL FORM. 1 4 1. A city governed by the mayor-council form has a mayor 1 5 and five council members elected at large, unless the council 1 6 representation plan is changed pursuant to section 372.13, 1 7 subsection 11. The council may, by ordinance, provide for a 1 8 city manager and prescribe the manager's powers and duties, 1 9 and as long as the council contains an odd number of council 1 10 members, may change the number of wards, abolish wards, or 1 11 increase the number of council members at large without 1 12 changing the form. 1 13 However, a city governed, on July 1, 1975, by the mayor- 1 14 council form composed of a mayor and a council consisting of 1 15 two council members elected at large, and one council member 1 16 from each of four wards, or a special charter city governed, 1 17 on July 1, 1975, by the mayor-council form composed of a mayor 1 18 and a council consisting of two council members elected at 1 19 large and one council member elected from each of eight wards, 1 20 may continue until the form of government is changed as 1 21 provided in section 372.2 or section 372.9. While a city is 1 22 thus operating with an even number of council members, the 1 23 mayor may vote to break a tie vote on motions not involving 1 24 ordinances, resolutions or appointments made by the council 1 25 alone, and in a special charter city operating with ten 1 26 council members under this section, the mayor may vote to 1 27 break a tie vote on all measures. 1 28 2. The mayor shall appoint a council member as mayor pro 1 29 tem, and shall appoint and dismiss the marshal or chief of 1 30 police except where an intergovernmental agreement makes other 1 31 provisions for police protection or as otherwise provided in 1 32 section 400.13. However, the appointment and dismissal of the 1 33 marshal or chief of police are subject to the consent of a 1 34 majority of the council. Other officers must be selected as 1 35 directed by the council. The mayor is not a member of the 2 1 council and shall not vote as a member of the council. 2 2 3. In a city having a population of between five hundred 2 3 and five thousandor less, the city council may, or shall upon 2 4 petition of the electorate meeting the numerical requirements 2 5 of section 372.2, subsection 1, submit a proposal at the next 2 6 regular or special city election to reduce the number of 2 7 council members to three. If a majority of the voters voting 2 8 on the proposal approves it, the proposal is adopted. If the 2 9 proposal is adopted, the new council shall be elected at the 2 10 next regular or special city election. The council shall 2 11 determine by ordinance whether the three council members are 2 12 elected at large or by ward. 2 13 4. In a city having a population of less than five 2 14 hundred, the city council may adopt a resolution of intent to 2 15 reduce the number of council members from five to three and 2 16 shall call a public hearing on the proposal. Notice of the 2 17 time and place of the public hearing shall be published as 2 18 provided in section 362.3, except that at least ten days' 2 19 notice must be given. At the public hearing, the council 2 20 shall receive oral and written comments regarding the proposal 2 21 from any person. Thereafter, the council, at the same meeting 2 22 as the public hearing or at a subsequent meeting, may adopt a 2 23 final resolution to reduce the number of council members from 2 24 five to three or may adopt a resolution abandoning the 2 25 proposal. If the council adopts a final resolution to reduce 2 26 the number of council members from five to three, a petition 2 27 may be filed with the clerk in the manner provided in section 2 28 362.4, within thirty days following the effective date of the 2 29 final resolution, requesting that the question of reducing the 2 30 number of council members from five to three be submitted to 2 31 the registered voters of the city. Upon receipt of a petition 2 32 requesting an election, the council shall direct the county 2 33 commissioner of elections to put the proposal on the ballot 2 34 for the next regular city election. If the ballot proposal is 2 35 adopted, the new council shall be elected at the next 3 1 following regular city election. If a petition is not filed, 3 2 the council shall notify the county commissioner of elections 3 3 by July 1 of the year of the regular city election and the new 3 4 council shall be elected at that regular city election. If 3 5 the council notifies the commissioner of elections after July 3 6 1 of the year of the regular city election, the change shall 3 7 take effect at the next following regular city election. The 3 8 council shall determine by ordinance whether the three council 3 9 members are elected at large or by ward. 3 10 EXPLANATION 3 11 This bill provides that city councils of cities with less 3 12 than 500 population may, by resolution, reduce the size of the 3 13 city council from five to three members. The bill requires 3 14 the council to adopt a resolution of intent and to hold a 3 15 public hearing on the proposal. The council may, at the 3 16 hearing or at a subsequent meeting, adopt a final resolution 3 17 to reduce the council from five to three members. If a 3 18 petition is filed within 30 days of adoption of the final 3 19 resolution requesting that the proposal be voted on by 3 20 registered voters of the city, the council is required to 3 21 direct the county commissioner of elections to place the 3 22 proposal on the ballot at the next regular city election. If 3 23 the ballot proposal is adopted, the new council shall be 3 24 elected at the next regular city election following the 3 25 election at which the proposal was adopted. If no petition is 3 26 filed, the council must notify the county commissioner of 3 27 elections of the change from five to three members by July 1 3 28 of the year of the regular city election and the new council 3 29 shall be elected at that regular city election. If the 3 30 council notifies the commissioner of elections after July 1 of 3 31 the odd-numbered year, the change takes effect at the next 3 32 following regular city election. 3 33 LSB 1932SC 80 3 34 sc/cl/14
Text: SSB01068 Text: SSB01070 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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