362.2  Definitions.

As used in the city code of Iowa, unless the context otherwise requires:

1.  "Administrative agency" means an agency established by a city for any city purpose or for the administration of any city facility, as provided in chapter 392, except a board established to administer a municipal utility, a zoning commission and zoning board of adjustment, or any other agency which is controlled by state law. An administrative agency may be designated as a board, board of trustees, commission, or by another title. If an agency is advisory only, such a designation must be included in its title.

2.  "Amendment" means a revision or repeal of an existing ordinance or code of ordinances.

3.  "Charter" means the form of government selected by a city as provided in chapter 372.

4.  "City" means a municipal corporation, but not including a county, township, school district, or any special-purpose district or authority. When used in relation to land area, "city" includes only the area within the city limits.

5.  "City code" means the city code of Iowa.

6.  "City utility" means all or part of a waterworks, gasworks, sanitary sewage system, storm water drainage system, electric light and power plant and system, heating plant, cable communication or television system, telephone or telecommunications systems or services offered separately or combined with any system or service specified in this subsection or authorized by other law, any of which are owned by a city, including all land, easements, rights of way, fixtures, equipment, accessories, improvements, appurtenances, and other property necessary or useful for the operation of the utility.

7.  "Clerk" means the recording and record-keeping officer of a city regardless of title.

8.  "Council" means the governing body of a city.

9.  "Council member" means a member of a council, including an alderman.

10.  "Eligible elector" means the same as it is defined in section 39.3, subsection 6.

11.  "Governmental body" means the United States of America or an agency thereof, a state, a political subdivision of a state, a school corporation, a public authority, a public district, or any other public body.

12.  "May" confers a power.

13.  "Measure" means an ordinance, amendment, resolution, or motion.

14.  "Must" states a requirement.

15.  "Officer" means a natural person elected or appointed to a fixed term and exercising some portion of the power of a city.

16.  "Ordinance" means a city law of a general and permanent nature.

17.  "Person" means an individual, firm, partnership, domestic or foreign corporation, company, association or joint stock association, trust, or other legal entity, and includes a trustee, receiver, assignee, or similar representative thereof, but does not include a governmental body.

18.  "Property," "real property," and "personal property" have the same meaning as provided in section 4.1.

19.  "Recorded vote" means a record, roll call vote.

20.  "Registered voter" means the same as it is defined in section 39.3, subsection 11.

21.  "Resolution" or "motion" means a council statement of policy or a council order for action to be taken, but "motion" does not require a recorded vote.

22.  "Secretary" of a utility board means the recording and record-keeping officer of the utility board regardless of title.

23.  "Shall" imposes a duty.

Section History: Early form

  [C50, § 391A.1; C54, 58, 62, 66, 71, 73, § 363A.2, 391A.1; C75, 77, 79, 81, § 362.2]

Section History: Recent form

  90 Acts, ch 1206, § 1; 93 Acts, ch 153, § 1; 94 Acts, ch 1169, §65; 99 Acts, ch 63, §2, 8

Footnotes

  1999 amendment to subsection 6 applies retroactively to July 1, 1993; validity of city elections after June 30, 1993, regarding offer of communications or telecommunications systems or services and actions of utilities board; city financing measures prior to January 1, 1999, not a violation; 99 Acts, ch 63, §8


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