House File 2282 - Enrolled

PAG LIN



  1  1                                             HOUSE FILE 2282
  1  2
  1  3                             AN ACT
  1  4 RELATING TO CITY GOVERNMENT BY PROVIDING FOR THE ELECTION OF
  1  5    MAYOR AND CITY COUNCIL MEMBERS IN A CITY GOVERNED BY THE
  1  6    COUNCIL=MANAGER=AT=LARGE FORM OF CITY GOVERNMENT AND BY
  1  7    PROVIDING FOR CITY CONTINUITY WHEN CONCURRENT CITY COUNCIL
  1  8    VACANCIES EXIST.
  1  9
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 11
  1 12    Section 1.  Section 372.6, Code 2005, is amended to read as
  1 13 follows:
  1 14    372.6  COUNCIL=MANAGER=AT=LARGE FORM.
  1 15    1.  A city governed by the council=manager=at=large form
  1 16 has five council members elected at large for staggered four=
  1 17 year terms.  At the first meeting of the new term following
  1 18 each city election, the council shall elect one of the council
  1 19 members to serve as mayor, and one to serve as mayor pro tem.
  1 20 The mayor is a member of the council and may vote on all
  1 21 matters before the council.  As soon as possible after the
  1 22 beginning of the new term following each city election, the
  1 23 council shall appoint a manager.
  1 24    2.  a.  The city council of a city governed by the council=
  1 25 manager=at=large form may adopt a resolution on its own
  1 26 motion, or shall adopt a resolution if a petition valid under
  1 27 section 362.4 is filed with the city clerk, proposing that the
  1 28 city be governed by a mayor elected by the people for a four=
  1 29 year term and four council members elected at large.  After
  1 30 adoption of the resolution, the council shall direct the
  1 31 county commissioner of elections to put the proposal on the
  1 32 ballot for the next general election or the next regular city
  1 33 election, whichever occurs first.  If the ballot proposal is
  1 34 approved, the city council shall adopt an ordinance meeting
  1 35 the requirements of paragraph "b", and the ordinance is
  2  1 effective beginning with the next following regular city
  2  2 election.
  2  3    b.  The ordinance shall provide that the mayor is a member
  2  4 of the council and may vote on all matters before the council.
  2  5 The ordinance shall provide that the term of office of the
  2  6 mayor is four years and, after each regular city election, the
  2  7 mayor shall appoint a council member as mayor pro tem.  The
  2  8 ordinance shall provide that the mayor is a member of the
  2  9 council for purposes of maintaining staggered terms on the
  2 10 council.  A council member's term shall not be shortened or
  2 11 lengthened as a means of initially implementing the ordinance.
  2 12    c.  An ordinance adopted and approved under this subsection
  2 13 is not subject to repeal until the ordinance has been in
  2 14 effect for at least six years.  The question of repeal of the
  2 15 ordinance is subject to the requirements of paragraph "a".
  2 16    3.  The council may by ordinance provide that the city will
  2 17 be governed by council=manager=ward form.  The ordinance must
  2 18 provide for the election of the mayor and council members
  2 19 required under council=manager=ward form at the next regular
  2 20 city election.
  2 21    Sec. 2.  Section 372.13, subsection 2, paragraph b, Code
  2 22 2005, is amended to read as follows:
  2 23    b.  By a special election held to fill the office for the
  2 24 remaining balance of the unexpired term.  If the council opts
  2 25 for a special election or a valid petition is filed under
  2 26 paragraph "a", the special election may be held concurrently
  2 27 with any pending election as provided by section 69.12 if by
  2 28 so doing the vacancy will be filled not more than ninety days
  2 29 after it occurs.  Otherwise, a special election to fill the
  2 30 office shall be called by the council at the earliest
  2 31 practicable date.  If there are concurrent vacancies on the
  2 32 council and the remaining council members do not constitute a
  2 33 quorum of the full membership, a special election shall be
  2 34 called at the earliest practicable date.  The council shall
  2 35 give the county commissioner at least sixty thirty=two days'
  3  1 written notice of the date chosen for the special election.
  3  2 The council of a city where a primary election may be required
  3  3 shall give the county commissioner at least eighty=five sixty
  3  4 days' written notice of the date chosen for the special
  3  5 election.  A special election held under this subsection is
  3  6 subject to sections 376.4 through 376.11, but the dates for
  3  7 actions in relation to the special election, including dates
  3  8 for filing of nomination petitions, shall be calculated with
  3  9 regard to the date for which the special election is called.
  3 10    If there are concurrent vacancies on the council and the
  3 11 remaining council members do not constitute a quorum of the
  3 12 full membership, a special election shall be called by the
  3 13 county commissioner at the earliest practicable date.  The
  3 14 remaining council members shall give notice to the county
  3 15 commissioner of the absence of a quorum.  If there are no
  3 16 remaining council members, the city clerk shall give notice to
  3 17 the county commissioner of the absence of a council.  If the
  3 18 office of city clerk is vacant, the city attorney shall give
  3 19 notice to the county commissioner of the absence of a clerk
  3 20 and a council.  Notice of the need for a special election
  3 21 shall be given under this paragraph by the end of the
  3 22 following business day.
  3 23    Sec. 3.  NEW SECTION.  372.13A  PAYMENTS WITHOUT PRIOR
  3 24 AUTHORIZATION OF COUNCIL.
  3 25    1.  If concurrent vacancies exist on the council and the
  3 26 remaining council members do not constitute a quorum of the
  3 27 full membership, the city clerk is authorized to make the
  3 28 following payments without prior approval of the council:
  3 29    a.  For fixed charges including but not limited to freight,
  3 30 express, postage, water, light, telephone service, or
  3 31 contractual services, after a bill is filed with the clerk.
  3 32    b.  For salaries and payrolls if the compensation has been
  3 33 fixed or approved by the council.  The salary or payroll shall
  3 34 be certified by the officer or supervisor under whose
  3 35 direction or supervision the compensation is earned.
  4  1    2.  If concurrent vacancies exist on the council and the
  4  2 remaining council members do not constitute a quorum of the
  4  3 full membership and the office of city clerk is vacant, the
  4  4 county auditor of the county where the city is located shall
  4  5 make the payments described in subsection 1 without prior
  4  6 approval of the council.
  4  7    3.  The bills paid under this section shall be submitted to
  4  8 the city council for review and approval at the next regular
  4  9 meeting following payment in which a quorum of the council is
  4 10 present.
  4 11
  4 12
  4 13                                                             
  4 14                               CHRISTOPHER C. RANTS
  4 15                               Speaker of the House
  4 16
  4 17
  4 18                                                             
  4 19                               JEFFREY M. LAMBERTI
  4 20                               President of the Senate
  4 21
  4 22    I hereby certify that this bill originated in the House and
  4 23 is known as House File 2282, Eighty=first General Assembly.
  4 24
  4 25
  4 26                                                             
  4 27                               MARGARET THOMSON
  4 28                               Chief Clerk of the House
  4 29 Approved                , 2006
  4 30
  4 31
  4 32                            
  4 33 THOMAS J. VILSACK
  4 34 Governor