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HomeMy WebLinkAboutPublic Input 01/13/20051' 1I Sign in Sheet CITY CHARTER REVIEW COMMISSION '. U o NAME ADDRESS !C V- LCrt -c xits-� Cam{.. LJ, , e 11 i�g r., rr� 4/ �� ,� 2 aCaNG t Gtt�LE 8. 9. 10. 11. 12. 13. 14. I(-ro5- -Da k- la 414 L6), 7x tvl9 -Llvo r s'7, /. 0 f 6 /ltv 14 r`I (e - , c NON RED -LINED VERSION January 10, 2005 PREAMBLE The Citizens of Iowa City, Iowa, by virtue of the enactment of this Charter, adopt the following principles: 1. That the government of Iowa City belongs to all its citizens and all share the responsibility for it. 2. That the government of Iowa City is a service institution, responsive and accountable to its citizens. 3. That City officials should be accessible to the people and have an affirmative obligation to secure for each person equality of opportunity as well as due process and equal protection of law. 4. That each citizen has a right to obtain fair, equal, and courteous treatment from each City official and employee. 5. That the City should perform all acts and take all measures necessary and desirable to promote the general health, safety and welfare of its residents, to encourage the participation of its citizens in policy formation and to secure the full benefits of "Home Rule." DEFT ITIONS` r< As used in this Charter: 1. "City" means the City of Iowa City, Iowa. 2. "City Council" or "Council' means the governing body of the City. 3. "Councilmember" means a member of the Council, including the Mayor. 4. "Shall' imposes a duty. 5. "Must' states a requirement. 6. "May" confers a power. 7. 'Eligible elector" means a person eligible to register to vote in Iowa City. 8. "Qualified elector" means a resident of Iowa City who is registered to vote in Iowa City. 9. "Board" includes a Board, Commission, Committee or other similar entity however designated. 10. "Person" means an individual, firm, partnership, corporation, company, association, political party, committee or any other legal entity. 11. "Ordinance," except as provided : ArtieleAIl, means a City law of a general and permanent nature. 12. "Measure" , except as provided in Article VII, means an ordinance, amendment, resolution or motion. (Ord. No. 85 -3227, § 2(1), 3- 12 -85) NON RED -LINED VERSION Janaary 10, 2005 Section 1.01. Powers of the city. The City has all powers possible under the Constitution and laws of this State. Section 1.02. Construction. The grant of power to the City under this Charter is intended to be broad; the mention of a specific power in this Charter is not intended to be a limitation on the general powers conferred in this article. Section 1.03. Savings clause. If any provision of this Charter, or the application of this Charter to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Charter. Section 2.01. Composition. The City Council consists of seven members. As provided in Article III, four, to be known as Councilmembers at large, are to be nominated by eligible electors of the City at large, and three, to be known as district Councilmembers, -are to be nominated by eligible electors of their respective districts. All Councilmembers shall be elected by the qualified electors of the City at large. (Ord. No. 85 -3227, § 2(2), 3- 12 -85; Ord. No. 85 -3273, § 2, 12- 17 -85) Section 2.02. Division into council districts. The Council, by ordinance, shall divide the City into three Council Districts of substantially equal population. These Districts are to be designated as Council District A, Council District B, and Council District C. Section 2.03. Eligibility. To be eligible to be elected to and to retain a Council position, a person must be an eligible elector of Iowa City, and if seeking or elected to represent a Council District, must be a-dorr eil ary a i eligible elector of that Council District. (Ord. No. 85 -3227, § 2(2),3- 12 -85) Section 2.04. Terms. NON RED -LINED VERSION January 10, 2005 At the first election under this Charter, all seven Councilmembers are to be elected; the Councilmember from Council District A, Council District C, and the two Councilmembers at large who receive the greatest number of votes cast for Councilmember at large are to serve for terms of four years, and other Councilmembers are to serve for terms of two years. Commencing at the next regular City election, and at all subsequent regular City elections, all Councilmembers elected to fill the positions of those whose terms expire shall be elected for terms of four years. Section 2.05. Compensation. The Council, by ordinance, shall prescribe the compensation of the Mayor and the other Council members;_ and4The Council shall not adopt such an ordinance during the months of November and December immediately following a regular City election. (Ord. No. 85- 3227, § 2(2), 3- 12 -85) Section 2.06. Mayor. A. Immediately following the beginning of the terms of Councilmembers elected at the regular City election, the Council shall meet and elect from among its members the Mayor and Mayor pro tern for a term of two years. B. The Mayor is a voting member of the Council, the official representative of the City, presiding officer of the Council and its policy spokesperson. The Mayor shall present to the City no later than February 28 an annual State of the City message. C. The Mayor pro tern shall act as Mayor during the absence of the Mayor. (Ord. No. 85 -3227, § 2(2), 3- 12 -85; Ord. No. 95 -3671, § 1, 3- 28 -95) Section 2.07. General powers and duties. All powers of the City are vested in the Council, except as otherwise provided by State law or this Charter. (Ord. No. 85 -3227, § 2(2), 3- 12 -85) Section 2.08. Appointments. A. The Council shall appoint the City Manager. B. The Council shall appoint the City Clerk. C. The Council shall appoint the City Attorney. D. The Council shall appoint all members of the City's Boards, except as otherwise provided by State law. E. The Council shall fix the amount of compensation, if any, of persons it appoints and shall provide for the method of compensation of other City employees. All appointments and promotions of City employees by City Council and City Manager must be made according to job - related criteria and be consistent with nondiscriminatory and equal employment opportunity standards established pursuant to law. (Ord. No. 85 -3227, § 2(2), 3- 12 -85; Ord. No. 95 -3671, § 1, 3- 28 -95) Section 2.09. Rules; records. NAN RED -LINED VERSION January 10, 2005 The Council may determine its own rules and shall maintain records of its proceedings consistent with State law. Section 2.10. Vacancies. The Council shall fill a vacancy occurring in an elective City office as provided by State law. Section 2.11. Council action. A. Passage of an ordinance, amendment or resolution requires an affirmative vote of a majority vote of all the members of the Council the- Ceuneilmetnbers- except as otherwise provided by State law. R The Con n m4 tttern ;thout ., etit: r(j •or vrri�j1�Y'[G ,cr�vrxrt` roctruP'�miAH?t-p repeal, nenihaent ,. et.. .. e.t of any t,. 1. voted upon at ai y sueeeeding general, regular or special Cit., election, and if the 1)rol)os;t'on ...d...,ftte.i . eives -a r'�of the t one 1 t' A,. _- -___- shall-be-repealed- r'vtc�- eaen -v �°- tie-s.°ition�a� , amended or eiiaeted e ,froggy Section 2.12. Prohibitions. A. A Councilmember may not hold any other City office or be a City employee or elected County official while serving on the Council nor hold any remunerated City office or employment for at least one year after leaving the Council. B. With the exception of the annointment of the chief of the police deuartment and chief of the fire denartment. which are subiect to ammroval of the Citv Council. Nneither the Council nor its members may dictate, in any manner, the appointment or removal of any person appointed by the City Manager. However, the Council may express its views to the City Manager pertaining to the appointment or removal of such employee. C. A Councilmember may not interfere with the supervision or direction of any person appointed by or under the control of the City Manager. Section 3.01. Nomination. A. An eligible elector of a council district may become a candidate for a council district seat by filing with the City Clerk a valid petition requesting that his or her name be placed on the ballot for that office. The petition must be filed not more than sixty- five (65) days nor less than forty (40) days before the date of the election and must be signed by eligible electors from the candidate's district equal in number to at least two (2) percent of those who voted to fill the same office at the last regular city election, but not less than the ten (10) persons. NON RED -LINED VERSION January 10, 2005 B. An eligible elector of the City may become a candidate for an at -large council seat by filing with the City Clerk a petition requesting that the candidate's name be placed on the ballot for that office. The petition must be filed not more than sixty -five (65) days nor less than forty (40) days before the date of the election and must be signed by eligible electors equal in number to at least two (2) percent of those who voted to fill the same office at the last regular city election, but not less than ten (10) persons. (Ord. No. 77 -2864, § 2, 9 -6 -77; Ord. No. 85 -3227, § 2(2), 3- 12 -85; Ord. No. 95- 3671, § 1, 3- 28 -95) Section 3.02. Primary election. A. If there are more than two candidates for a Council District seat, a primary election must be held for that seat with only the qualified electors of that Council District eligible to vote. The names of the two candidates who receive the highest number of votes in the primary election are to be placed on the ballot for the regular City election as candidates for that Council seat. B. If there are more than twice as many candidates as there are at large positions to be filled, there shall be a primary election held unless the Council, by ordinance, chooses to have a run - off - election. (Ord. No. 85 -3227, § 2(2), 3- 12 -85) Section 3.03. Regular city election. A. In the regular City election, each Council District seat up for election shall be listed separately on the ballot and only the names of candidates nominated from that Council District shall be listed on the ballot as candidates for that seat. However, all qualified electors of the City shall be entitled to vote for each candidate. The three Council District seats shall be designated on the ballot as Council District A, Council District B and Council District C and each shall be elected at large. B. The at large Council seats shall be designated on the ballot as such. (Ord. No. 85- 3227, § 2(2), 3- 12 -85) Section 4.01. Appointment; qualifications. In appointing a City Manager, the Council shall consider only the qualifications and fitness of the person without regard to political or other affiliation. During his or her tenure the City Manager shall reside within the City. Section 4.02. Accountability; removal. A. The City Manager is under the direction and supervision of the Council and holds office at its pleasure. Unless otherwise provided by contract, a City Manager removed by the Council is entitled to receive termination pay of not less than two months' salary, computed from the date of the resolution of removal. NON RED -LINED VERSION January 10, 2005 B. Upon the resignation or removal of the City Manager, the Council shall appoint an individual qualified to perform the duties of City Manager to serve at the pleasure of Council or until a City Manager is appointed. Section 4.03. Absence; disability of eCity inManager. The City Manager may designate a qualified City employee as Acting City Manager to perform his or her duties during a temporary absence or disability. If the City Manager does not make such a designation, the Council shall appoint a qualified City employee to perform the duties of the City Manager until he or she returns. Section 4.04. Duties of eCity inManager. A. The City Manager shall be chief administrative officer of the City and shall: (I)Insure that the laws of the City are executed and enforced. (2)Supervise and direct the administration of City government and the official conduct of employees of the City appointed by the City Manager including their employment, training, reclassification, suspension or discharge as the occasion requires, subject to State law. (3)Appoint the chief of the police department and the chief of the fire department with the approval of the City Council. (4 ) Supervise the chief of the police department and chief of the fire department inchtdinp their suspension or discharge as the occasion requires. Such supervision shall not be subject to approval of the City Council. (5)Appoint or employ persons to occupy positions for which no other method of appointment is provided by State law or this Charter. (46) Supervise the administration of the City personnel system, including the determination of the compensation of all City employees appointed by the City Manager subject to State law or this Charter. (37) Supervise the performance of all contracts for work to be done for the City, make supervise all purchases of materials and supplies, and assure that such materials and supplies are received and are of specified quality and character. (68) Supervise and manage all public improvements, works and undertakings of the City, and all City -owned property including buildings, plants, systems, and enterprises, and to have charge of their construction, improvement, repair and maintenance except where otherwise provided by State law. (79) Supervise the making and preservation of all surveys, maps, plans, drawings, specifications and estimates for the City. (810) Provide for the issuance and revocation of licenses and permits authorized by State law or City ordinance and cause a record thereof to be maintained. (911) Prepare and submit to the Council the annual budgets in the form prescribed by State law. (1012) Provide the Council monthly an itemized written monthly financial report. (1-113) Attend Council meetings and keep the Council fully advised of the financial and other conditions of the City and its needs. (124 4) See that the business affairs of the City are transacted in an efficient NON RED -LINED VERSION January 10, 2005 manner and that accurate records of all City business are maintained and made available to the public, except as otherwise provided by State law. (1-315) Provide necessary and reasonable clerical, research and professional assistance to Boards within limitations of the budget. (1416) Perform such other and further duties as the Council may direct. B. The City Manager, in performing the foregoing duties, may: (1)Present recommendations and programs to the Council and participate in any discussion by the Council of any matters pertaining to the duties of the City Manager. (2)Cause the examination and investigation of the affairs of any department or the conduct of any employee under supervision of the City Manager. (3)Execute contracts on behalf of the City when authorized by the Council. (Ord. No. 85- 3227, § 2(2), 3- 12 -85) Section 4.05. Ineligibility; prohibited acts. Except for the exercise of the right to vote, the City Manager shall not take part in any election of Councilmembers. This prohibition shall in no way limit the City Manager's duty to make available public records as provided by State law or this Charter. Section 5.01. Establishment. The Council may establish Boards in addition to those required by State law and shall specify the title, dirties, length of term, qualifications of members and other appropriate matters. The Council may reduce or increase a Board's duties, transfer duties from one Board to another or dissolve any Board, except as otherwise provided by State law or this Charter. Section 5.02. Appointment; removal. The Council shall, subject to the requirements of State law, seek to provide broad representation on all Boards. The Council shall establish procedures to give at least thirty days' notice of vacancies before they are filled and shall encourage nominations applications by citizens. The Council shall conditions urocedures for the removal of members for just cause, shall be consistent with State law. (Ord No. 85 -3227, § 2(2), 3- 12 -85) Section 5.03. Rules. A. The Council shall establish rules and procedures for the operation of all Boards, which Hurst include but are not limited to, the adoption of by -laws and rules pertaining to open meetings and open records. NON RED -LINED VERSION January 10, 2005 B. The Council shall specify, for each Board, methods for informal and formal communication with Council, time schedules for the completion of reports requested by Council and such rules as it deems appropriate. C. A Board may establish additional rules and procedures that are consistent with State law, Council rules, and this Charter. Section 6.01. Limitations on the amount of campaign contributions. The Council, by ordinance, shall prescribe limitations on the amount of campaign contributions made to a candidate for election to Council by a person as defined in this Charter. (Ord. No. 95- 3671, § 1, 3- 28 -95) Section 6.02. Disclosure of contributions and expenditures. The Council, by ordinance, may prescribe procedures requiringiately-befere and after each gulaf eeial off election, the disclosure of the amount, source and kind of contributions received and expenditures made by (1) each candidate for election to Council and (2) any and all other persons, for the purpose of aiding or securing the candidate's nomination or election. (Ord. No. 85 -3228, § 1, 3- 12 -85) Section 6.03. Definition. Within this article an-ecpe; ditz rear- "contribution" aegis not mean ° tim denated -to -aidpromote a ca rdiai orninatierrer- election shall be defined as that term is defined in Chanter 56 ( "Camnaien Finance") of the Code of Iowa. Section 6.04. Violations. The Council, by ordinance, shall prescribe; (1) penalties for the violation of the contribution limitations and disclosure requirements it establishes pursuant to this section; and (2) when appropriate, conditions for the revocation of a candidate's right to serve on Council if elected, consistent with State law. (Ord. No. 85 -3227, § 2(2), 3 -12- 85) Section 7.01. General provisions. A. Authority. (I)Initiative. The qualified electors have the right to propose erdinanees- measuresto NON RED -LINED VERSION January 10, 2005 the Council and, if the Council fails to adopt au- erdinanee a measure so proposed without any change in substance, to have the ordinance measure submitted to the voters at an election. (2)Referendum. The qualified electors have the right to require reconsideration by the Council of an existing erdinanee measure and, if the Council fails to repeal such ordinance measure, to have it submitted to the voters at an election. (3)Definition. Within this article, "erdinanee measure" means all measures ordinances, amendments, resolutions or motions of a legislative nature, however designated, which (a) are of a permanent rather than temporary character and (b) include a proposition enacting, amending or repealing a new or existing law, policy or plan, as opposed to one providing for the execution or administration of a law, policy or plan already enacted by Council. B. Limitations. (I)Subject matter. The right of initiative and referendum shall not extend to any of the following: (ajAny measure of an executive or administrative nature. b(b)The City budget. (c)_The appropriation of money. (d)_The levy of taxes or special assessments. (e)_The issuance of General Obligation and Revenue Bonds. f(f)The letting of contracts. (g)-Salaries of City employees. (IUAny measure required to be enacted by State or federal law. (ijAmendments to this Charter. aAmendments affecting the City Zoning Ordinance or the land use maps of the Comprehensive Plan, including the district plan maps. except those affe . I ,., i ,r an ,., (k) Public improvements subsequent to City Council action to authorize acquisition of property for that public improvement, or notice to bidders for that public improvement, whichever occurs earlier. "Public improvement' shall mean any building or construction work. (2)Resubmission. No initiative or referendum petition shall be filed within two years after the same measure or a measure substantially the same has been submitted to the voters at an election. (3)Council repeal, amendment and reenactment. No erdinatrce measure proposed by initiative petition and adopted by the vote of the Council without submission to the voters, or adopted by the voters pursuant to this article, may for two years thereafter be repealed or amended except by a vote of the people, unless provision is otherwise made in the original initiative ordinance measure. No erdinunee measure referred by referendum petition and repealed by the vote of the Council without submission to the voters, or repealed by the voters pursuant to this article, may be reenacted for two years thereafter except by vote of the people, unless provision is otherwise made in the original referendum petition. C. Construction. (I)Scope of power. It is intended that this article confer broad initiative and 10 1 RED -LINED VERSION January 10, 2005 referendum powers upon the qualified voters electors of the City. (2)Initiative. It is intended that (a) no initiative petition will be invalid because it repeals an existing ordinance measure in whole or in part by virtue of proposing a new ordinance measure and (b) an initiative petition may amend an existing erd4ianee measure. (3)Referendum. It is intended that a referendum petition may repeal ari-ofdmance a measure in whole or in part. D. Effect of filing petition. The filing of an initiative or referendum petition does not suspend or invalidate any ordim a ce measure under consideration. and -sSuch ordinime measure shall remain in full force and effect until its amendment or repeal by Council pursuant to Section 7.05A or until a majority of the qualified electors voting on an ordinate a measure vote to repeal or amend the ordinate measure and the vote is certified. E. City obligations. An initiative or referendum vote which repeals an existing ordinance measure in whole or in part does not affect any obligations entered into by the City, its agencies or any person in reliance on the ordmanee measure during the time it was in effect. (Ord. No. 85 -3227, § 2(2), 3- 12 -85) Section 7.02. Commencement of proceedings; affidavit. A. Commencement. One or more qualified electors, hereinafter referred to as the "petitioners," may commence initiative or referendum proceedings by filing with the City Clerk an affidavit stating they will supervise the circulation of the petition and will be responsible for filing it in proper form, stating their names and addresses and specifying the address to which all relevant notices are to be sent, and setting out in frill the proposed initiative ordinate measure or citing the ordinate measure sought to be reconsidered. B. Affidavit. The City Clerk shall accept the affidavit for filing if on its face it appears to have signatures of one or more qualified electors. The City Clerk shall issue the appropriate petition forms to the petitioners the same day the affidavit is accepted for filing. The City eClerk shall cause to be prepared and have available to the public, forms and affidavits suitable for the commencement of proceedings and the preparation of initiative and referendum petitions. (Ord. No. 85 -3227, § 2(2), 3 -12- 85) Section 7.03. Petitions; revocation of signatures. A. Number of signatures. Initiative and referendum petitions must be signed by qualified electors equal in number to at least twenty -five percent of the number of persons who voted in the last regular City election, but such signatures shall be no fewer than two thousand five hundred qualified electors. Any petition that does not, on its face, contain the minimum required signatures defined herein shall be deemed insufficient for filing under this article, and no supplementary petition shall be permitted. B. Form and content. All papers of a petition prepared for filing must be substantially uniform in size and style and must be assembled as one instrument. Each person 11 NON RED -LINED VERSION January 10, 2005 signing shall provide, and the petition form shall provide space for, the signature, printed name, and address of the person signing; and the date the signature is executed„ and any other inf rination required by City Council. The form shall also provide space for the signer's birthdate, but a failure to enter a birthdate shall not invalidate a signer's signature. Petitions prepared for circulation must contain or have attached thereto throughout their circulation the full text of the ordin=ance measure proposed or sought to be reconsidered. The petition filed with the City Clerk need have attached to it only one copy of the of dinanee measure being proposed or referred. C. Affidavit of circulator. Each paper of a petition containing signatures must have attached to it when filed an affidavit executed by a qualified elector certifying: the number of signatures on the paper, that he or she personally circulated it, that all signatures were affixed in his or her presence, that he or she believes them to be genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ord inane -e measure proposed or sought to be reconsidered. Any person filing a false affidavit will be liable to criminal penalties as provided by State law. D. Time for filing initiative petitions. Signatures on an initiative petition must be secured and the petition filed within six months after the date the affidavit required under Section 7.02A was filed. E. Time for filing referendum petitions. Referendum petitions may be filed within sixty days after final adoption by the Council of the o4iiane-e measure sought to be reconsidered, or subsequently at any time more than two years after such final adoption. The signatures on a referendum petition must be secured during the sixty days after such final adoption; however, if the petition is filed more than two years after final adoption, the signatures must be secured within six months after the date the affidavit required under Section 7.02A was filed. F. Revocation of signature. Prior to the time a petition is filed with the City Clerk, a signatory may revoke his or her signature for any reason by filing with the City Clerk a statement of his or her intent to revoke his or her signature. After a petition is filed a signatory may not revoke his or her signature. The City Clerk shall cause to be prepared and have available to the public, forms suitable for the revocation of petition signatures. (Ord. No. 85 -3227, § 2(2), 3- 12 -85; Ord. No. 90 -3462, § 1, 6 -26- 90) Section 7.04. Procedure after filing. A. Certificate of eCity 00erk; amendment. Within twenty days after a petition is filed which contains the minimum required signatures, as set forth in Section 7.03.A above, the City Clerk shall complete a certificate as to the petition's sufficiency. If the petition is insufficient, the Clerk's certificate shall specify the particulars wherein the petition is defective. The Clerk shall also promptly send a copy of the certificate to the petitioners by registered mail. A petition certified insufficient may be amended once, provided, however, that one or more of the original petitioners files a notice of intention to amend the original petition,_ sSuch notice to must be filed with the City 12 NON RED -LINED VERSION January 10, 2005 Clerk within two days after receiving a copy of the certificate, and the petitioner also must files a supplementary petition upon additional papers within fifteen days after receiving a copy of such certificate. Such supplementary petition shall comply with the requirements of subsections B and C of Section 7.03. Within fifteen days after a supplementary petition is filed, the City Clerk shall complete a certificate as to the sufficiency of the petition, as amended and supplemented, and shall promptly send a copy of such certificate to the petitioners by registered mail, as in the case of an original petition. If a petition or amended petition is certified sufficient, or if the petition or amended petition is certified insufficient and one or more of the petitioners do not request Council review under subsection B of this Section within the time prescribed, the City Clerk shall promptly present the certificate to the Council. B. Council review. If a petition has been certified insufficient by the City Clerk and one or more of the petitioners do not file notice of intention to amend itit -,or if an amended petition has been certified insufficient by the City Clerk, one or more of the petitioners may, within two days after receiving a copy of such certificate, file with the City Clerk a request that it be reviewed by the Council. The Council shall review the certificate at its next meeting following the filing of such a request, but not later than thirty days after the filing of the request for review, and shall rule upon the sufficiency of the petition. C. Court review,;— new- petitier Each qualified el *or-has ° fight o judicial r � Council's determination as to the sufficiency of a „eta,.,, 11roceetl reviei;- ii�e egtdi a rd- must -be _`tled in the State Disirie o Hit -9r 1,.1,.,,..,.E count),. The right tojudicial review eanditiat ed-Hpan the timely filing -e f ia- requestm-- for Council tinder Section . 4-B—, and -the filing of the tiAfYf6r OAtrrt -r' ,,.e,,. tirw it , try days after dieiterlini,�8i, by Council as to t,e .0 eieney of the perit:.v, nn ra 2iArHliaAr- 9�iisfEieiC• , :c, stained , ,AicARrrz2i iv y shall nE)t pre; dice the filing ,.r,. ,.,.... ,.etitie„ thr- the ......,e .., rpos�— To the extent allowed by law, Court review of the Council's actions shall be by writ of certiorari. D. Validity of signatures. A petition shall be deemed sufficient for the purposes of this article if it contains valid signatures in the number prescribed by Section 7.03 and is timely filed, even though the petition may contain one or more invalid signatures. A signature shall be deemed valid unless it is not the genuine signature of the qualified elector whose name it purports to be, or it was not voluntarily and knowingly executed. A valid signature need not be in the identical form in which the qualified elector's name appears on the voting rolls, nor may a signature be deemed invalid because the address accompanying the name on the petition is different from the address for the same name on the current voting rolls if the qualified elector's birth date is provided and is shown on the voting rolls. (Ord. No. 85.3227, § 2(2), 3- 12 -85; Ord. No. 90 -3462, § 2, 6- 26 -90; Ord. No. 95 -3671, § 1, 3- 28 -95) Section 7.05. Action on petitions. A. Action by council. When an initiative or referendum petition has been determined sufficient, the Council shall promptly consider the proposed initiative erdinanee 13 NON RED -LINED VERSION January 10, 2005 measure or reconsider the referred erdinanee measure. If the Council fails to adopt a proposed initiative ounce measure and fails to adopt an- ordinance a measure which is similar in substance within sixty days, or if the Council fails to repeal the referred ordinance measure within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred eidinanee measure to the qualified electors of the city as hereinafter prescribed. The Ceuneil- shall- subn»t to -tfie vottn$ airy ordinance wlrish Itas lieefrpuepeseckorref�r 'h the provisions or vrhisArticle unless the petition is deemed ms., ffcient- pursuant to Section ; .04.. _If at any time more than thirty days before a scheduled initiative or referendum election the Council adopts the proposed initiative ordiiumce measure or adopts an ,,,wee a measure which is similar in substance or if the Council repeals a referred ordinance measure, the initiative or referendums proceedings shall terminate and the proposed or referred ordinance measure shall not be submitted to the voters. B. B- Submission to voters. (1)Initiative. The vote of the City on a proposed of •r marred erdinance measure shall be held at the regular city election or at the general election which next occurs more than forty days after the expiration of the appropriate sixty or thirty day period provided for consideration or- reconsideratia:; in Section 7.05A, provided that the initiative petition was filed no less than 110 days prior to the deadline unposed by state law for the submission of ballot questions to the Commissioner of Elections. (2) Referendum. The vote of the City on a referred measure shall be held at the regular city election or at the general election which next occurs more than forty days after the expiration of the thirty-day period provided for reconsideration in Section 7.05A, provided that the referendum petition was filed no less than 80 days prior to the deadline imposed by state law for the submission of ballot questions to the Commissioner of Elections. The Council may provide for a special referendum election on a referred measure any time more than 120 days after the filing of the referendum petition with the City Clerk., -bow�v °~,tee Council may provide for a special referendum election on a referred ordinane an), time after the expir-atieR ef the thifty day pefied pre�,,ided for- veeensideration, S,rACCRVr. - 7:05rc. C. Ballot. Copies of the proposed or referred ordinance measure shall be made available to the qualified electors at the polls and shall be advertised at the city's expense in the maumer required for "questions" in Section 376.5 of the Iowa Code. The subject matter and purpose of the referred or proposed ordinance measure shall be indicated on the ballot. (Ord. No. 77- 2858, § 2, 9- 16 -77; Ord. No. 85 -3227, § 2(2), 3- 12 -85) Section 7.06. Results of election. A. Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance measure vote in its favor, it shall be considered adopted upon certification of the election results. And The adopted measure shall be treated in all respects in the M NON RED -LINED VERSION January 10, 2005 same manner as ordinance measures of the same kind adopted by the Council, except as provided in Section 7.0113(3). If conflicting ordinances measures are approved by majority vote at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. B. Referendum. If a majority of the qualified electors voting on a referred erdiaance measure vote against it in favor of repealing the measure, it shall be considered repealed upon certification of the election results. Section 7.07. Prohibition on establishment of stricter conditions or requirements. The Council may not set, except by Charter amendment, conditions or requirements affecting initiative and referendum which are higher or more stringent than those imposed by this Charter. Section 8.01. Charter amendments. This Charter may be amended only by one of the following methods: A. The Council, by resolution, may submit a proposed amendment to the voters at a sl ecial Ccity election, and a the proposed amendment becomes effective when approved by a majority of those voting. B. The Council, by ordinance, may amend the Charter. However, within thirty (30) days of publication of the ordinance, if a petition signed- by-- e4igible electors of the City equal in number to ten percent .,P fhe persons who voted at the last ,. preceding e„ nIar b City election - valid under the provisions of section 362.4 of the Code of Iowa is filed with the council, the Council must submit the amending ordinance to the voters at a special Ccity election, and the amendment does not become effective until approved by a majority of those voting. C. If a petition signed by eligible electors of the City e l in number te. p ent of the perserrsjvhe eted at tbe4as pre °e a: regular City election valid under the provisions of section 362.4 of the Code of Iowa is filed with the Council proposing an amendment to the Charter, the Council must submit the proposed amendment to the voters at a special Ceity election, and the amendment becomes effective if approved by a majority of those voting. (Ord. No. 85 -3227, § 2(2) 3- 12 -85) Section 8.02. Charter review commission. The Council, using the procedures prescribed in Article V, shall establish a Charter Review Commission at least once every ten years following the effective date of this Charter. The Commission, consisting of at least nine members, shall review the existing Charter and may, within twelve months recommend any Charter amendments that it deems fit to the Council. The Council shall either exercise its power of amendment 15 NON RED -LINED VERSION January 10, 2005 ursuant to Section 8.0113 of the Charter on a matter recommended by the Commission or submit such amendments to the voters in the form prescribed by the Commission, and an amendment becomes effective when approved by a majority of those voting. The Commission �y a so tieotrrmend' " at if � eretse tts p r . dment „tee., pursuant toy tion 4 01B ftl Charter matter .,evv�t o.ox�o vi cv�o ot�arccr- vrr- to�xrzisrcreccv "m"m"e- ndetile Go On-. (Ord. No. 85 -3227, § 2(2), 3- 12 -85) CHARTER COMPARATIVE TABLE The Home Rule Charter is set out in this volume as adopted by the voters on November 15, 1973, and by Ordinance No. 76 -2792, on January 2, 1976. The following table shows the disposition of amendments to the Charter: Ordinance Number Date Section Disposition 77 -2826 3 -15 -77 II 6.01 77 -2858 9 -06 -77 2 7.0513 77 -2864 9 -06 -77 2 3.01 85 -3227 3 -12 -85 2(1) Definitions 7,8 2(2) 85 -3228 3 -12 -85 1 85 -3273 12 -17 -85 2 90 -3462 6 -26 -90 1 2 95 -3671 3 -28 -95 1 2.01, 2.03, 2.05 -2.08 3.01 -3.03 4.04, 5.02, 6.04,7.01- 7.05, 8.01, 8.02 6.02 2.01 7.03A 7.04A 2.0613, 2.08C,E, 3.01A, 6.01, 7.04D 1 The home rule Charter of the City, adopted by the voters of the City on November 15, 1973, and by Ordinance 76 -2792 on January 2, 1976, pursuant to I.C.A. section 372.9, is set out herein as adopted and amended. ij u NON RED -LINED VERSION January 10, 2005 -_. PREAMBLE The Citizens of Iowa City, Iowa, by virtue of the enactment of this Chatter, adopt the following principles: 1. That the government of Iowa City belongs to all its citizens and all share the responsibility for it. 2. That the govermtent of Iowa City is a service institution, responsive and accountable to its citizens. 3. That City officials should be accessible to the people and have an affirmative obligation to secure for each person equality of opportunity as well as due process and equal protection of law. 4. That each citizen has a right to obtain fair, equal, and courteous treatment fi-om each City official and employee. 5. That the City should perform all acts and take all measures necessary and desirable to promote the general health, safety and welfare of its residents, to encourage the participation of its citizens in policy formation and to secure the frill benefits of "Home Rule." DEFINITIONS As used in this Charter: 1. "City" means the City of Iowa City, Iowa. 2. "City Council' or "Council' means the governing body of the City. 3. "Councilmember" means a member of the Council, including the Mayor. 4. "Shall' imposes a duty. 5, "Must" states a requirement. 6. "May" confers a power. 7. 'Eligible elector" means a person eligible to register to vote in Iowa City. 8. "Qualified elector" means a resident of Iowa City who is registered to vote in Iowa City. 9. 'Board" includes a Board, Commission, Cotmnittee or other similar entity however designated. 10. "Person" means an individual, firm, partnership, corporation, company, association, political party, committee or any other legal entity. 11. "Ordinance," means a City law of a general and permanent nature. 12. "Measure" , except as provided in Article VII, means an ordinance, amendment, resolution or motion. (Ord. No. 85 -3227, § 2(1), 3- 12 -85) NON RED -LINED VERSION January 10, 2005 Section 1.01. Powers of the city. The City has all powers possible raider the Constitution and laws of this State. Section 1.02. Construction. The grant of power to the City under this Charter is intended to be broad; the mention of a specific power in this Charter is not intended to be a limitation on the general powers conferred in this article. Section 1.03. Savings clause. If any provision of this Charter, or the application of this Charter to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Charter. Section 2.01. Composition. The City Council consists of seven members. As provided in Article III, four, to be known as Councilmembers at large, are to be nominated by eligible electors of the City at large, and three, to be known as district Courcilmembers, are to be nominated by eligible electors of their respective districts. All Councilmembers shall be elected by the qualified electors of the City at large. (Ord. No. 85 -3227, § 2(2), 3- 12 -85; Ord. No. 85 -3273, § 2, 12- 17 -85) Section 2.02. Division into council districts. The Council, by ordinance, shall divide the City into three Council Districts of substantially equal population. These Districts are to be designated as Council District A, Council District B, and Council District C. Section 2.03. Eligibility. To be eligible to be elected to and to retain a Council position, a person must be an eligible elector of Iowa City, and if seeking or elected to represent a Council District, must be an eligible elector of that Council District. (Ord. No. 85 -3227, § 2(2), 3- 12 -85) Section 2.04. Terms. At the first election tinder this Charter, all seven Councilmembers are to be elected; the NON RED -LINED VERSION January 10, 2005 Councilmember from Council District A, Council District C, and the two Councilmembers at large who receive the greatest number of votes cast for Councilmember at large are to serve for terms of four years, and other Councilmembers are to serve for terns of two years. Commencing at the next regular City election, and at all subsequent regular City elections, all Councilmembers elected to fill the positions of those whose terms expire shall be elected for teens of four years. Section 2.05. Compensation. The Council, by ordinance, shall prescribe the compensation of the Mayor and the other Council members. The Council shall not adopt such an ordinance during the months of November and December immediately following a regular City election. (Ord. No. 85- 3227, § 2(2), 3- 12 -85) Section 2.06. Mayor. A. Immediately following the beginning of the terms of Councilmembers elected at the regular City election, the Council shall meet and elect from among its members the Mayor and Mayor pro tem for a term of two years. B. The Mayor is a voting member of the Council, the official representative of the City, presiding officer of the Council and its policy spokesperson. The Mayor shall present to the City no later than February 28 an annual State of the City message. C. The Mayor pro tem shall act as Mayor during the absence of the Mayor. (Ord. No. 85 -3227, § 2(2), 3- 12 -85; Ord. No. 95 -3671, § 1, 3- 28 -95) Section 2.07. General powers and duties. All powers of the City are vested in the Council, except as otherwise provided by State law or this Charter. (Ord. No. 85 -3227, § 2(2), 3- 12 -85) Section 2.08. Appointments. A. The Council shall appoint the City Manager. B. The Council shall appoint the City Clerk. C. The Council shall appoint the City Attorney. D. The Council shall appoint all members of the City's Boards, except as otherwise provided by State law. E. The Council shall fix the amount of compensation, if any, of persons it appoints and shall provide for the method of compensation of other City employees. All appointments and promotions of City employees by City Council and City Manager nest be made according to job - related criteria and be consistent with nondiscriminatory and equal employment opportunity standards established pursuant to law. (Ord. No. 85 -3227, § 2(2), 3- 12 -85; Ord. No. 95 -3671, § 1, 3- 28 -95) Section 2.09. Rules; records. The Council may determine its own rules and shall maintain records of its proceedings NON RED -LINED VERSION January 10, 2005 consistent with State law. Section 2.10. Vacancies. The Council shall fill a vacancy occurring in an elective City office as provided by State law. Section 2.11. Council action. Passage of an ordinance, amendment or resolution requires a majority vote of all the members of the Council except as otherwise provided by State law. Section 2.12. Prohibitions. A. A Councilmember may not hold any other City office or be a City employee or elected County official while serving on the Council nor hold any remunerated City office or employment for at least one year after leaving the Council. B. With the exception of the appointment of the chief of the police department and chief of the fire department, which are subject to approval of the City Council, neither the Council nor its members may dictate, in any manner, the appointment or removal of any person appointed by the City Manager. However, the Council may express its views to the City Manager pertaining to the appointment or removal of such employee. C. A Councilmember may not interfere with the supervision or direction of any person appointed by or under the control of the City Manager. Section 3.01. Nomination. A. An eligible elector of a council district may become a candidate for a council district seat by filing with the City Clerk a valid petition requesting that his or her name be placed on the ballot for that office. The petition must be filed not more than sixty- five (65) days nor less than forty (40) days before the date of the election and must be signed by eligible electors from the candidate's district equal in number to at least two (2) percent of those who voted to fill the same office at the last regular city election, but not less than ten (10) persons. B. An eligible elector of the City may become a candidate for an at -large council seat by filing with the City Clerk a petition requesting that the candidate's name be placed on the ballot for that office. The petition must be filed not more than sixty -five (65) days nor less than forty (40) days before the date of the election and must be signed by eligible electors equal in number to at least two (2) percent of those who voted to fill the same office at the last regular city election, but not less than ten (10) persons. NON RED -LINED VERSION January 10, 2005 (Ord. No. 77 -2864, § 2, 9 -6 -77; Ord. No. 85 -3227, § 2(2), 3- 12 -85; Ord. No. 95- 3671, § 1, 3- 28 -95) Section 3.02. Primary election. A. If there are more than two candidates for a Council District seat, a primary election must be held for that seat with only the qualified electors of that Council District eligible to vote. The names of the two candidates who receive the highest number of votes in the primary election are to be placed on the ballot for the regular City election as candidates for that Council seat. B. If there are more than twice as many candidates as there are at large positions to be filled, there shall be a primary election held unless the Council, by ordinance, chooses to have a run-off-election. (Ord. No. 85 -3227, § 2(2), 3- 12 -85) Section 3.03. Regular city election. A. hi the regular City election, each Council District seat up for election shall be listed separately on the ballot and only the names of candidates nominated from that Council District shall be listed on the ballot as candidates for that seat. However, all qualified electors of the City shall be entitled to vote for each candidate. The three Council District seats shall be designated on the ballot as Council District A, Council District B and Council District C and each shall be elected at large. B. The at large Council seats shall be designated on the ballot as such. (Ord. No. 85- 3227, § 2(2), 3- 12 -85) Section 4.01. Appointment; qualifications. In appointing a City Manager, the Council shall consider only the qualifications and fitness of the person without regard to political or other affiliation. During his or her tenure the City Manager shall reside within the City. Section 4.02. Accountability; removal. A. The City Manager is under the direction and supervision of the Council and holds office at its pleasure. Unless otherwise provided by contract, a City Manager removed by the Council is entitled to receive termination pay of not less than two months' salary, computed from the date of the resolution of removal. B. Upon the resignation or removal of the City Manager, the Council shall appoint an individual qualified to perforur the duties of City Manager to serve at the pleasure of Council or until a City Manager is appointed. Section 4.03. Absence; disability of City Manager. The City Manager may designate a qualified City employee as Acting City Manager to NON RED -LINED VERSION January 10, 2005 perform his or her duties during a temporary absence or disability. If the City Manager does not make such a designation, the Council shall appoint a qualified City employee to perform the duties of the City Manager until he or she returns. Section 4.04. Duties of City Manager. A. The City Manager shall be chief administrative officer of the City and shall: (I)Insure that the laws of the City are executed and enforced. (2)Supervise and direct the administration of City government and the official conduct of employees of the City appointed by the City Manager including their employment, training, reclassification, suspension or discharge as the occasion requires, subject to State law. (3)Appoint the chief of the police department and the chief of the fire department with the approval of the City Council. (4) Supervise the chief of the police department and chief of the fire department, including their suspension or discharge as the occasion requires. Such supervision shall not be subject to approval of the City Council. (5)Appoint or employ persons to occupy positions for which no other method of appointment is provided by State law or this Charter. (6)Supervise the administration of the City personnel system, including the determination of the compensation of all City employees appointed by the City Manager subject to State law or this Charter. (7)Supervise the performance of all contracts for work to be done for the City, supervise all purchases of materials and supplies, and assure that such materials and supplies are received and are of specified quality and character. (8)Supervise and manage all public improvements, works and undertakings of the City, and all City -owned property including buildings, plants, systems, and enterprises, and have charge of their construction, improvement, repair and maintenance except where otherwise provided by State law. (9)Supervise the making and preservation of all surveys, maps, plans, drawings, specifications and estimates for the City. (10) Provide for the issuance and revocation of licenses and permits authorized by State law or City ordinance and cause a record thereof to be maintained. (11) Prepare and submit to the Council the amoral budgets in the form prescribed by State law. (12) Provide the Council an itemized written monthly financial report. (13) Attend Council meetings and keep the Council fully advised of the financial and other conditions of the City and its needs. (14) See that the business affairs of the City are transacted in an efficient manner and that accurate records of all City business are maintained and made available to the public, except as otherwise provided by State law. (15) Provide necessary and reasonable clerical, research and professional assistance to Boards within limitations of the budget. (16) Perform such other and further dirties as the Council may direct. B. The City Manager, in performing the foregoing duties, may: NON RED -LINED VERSION January 10, 2005 (1)Present recommendations and programs to the Council and participate in any discussion by the Council of any matters pertaining to the duties of the City Manager. (2)Cause the examination and investigation of the affairs of any department or the conduct of any employee tinder supervision of the City Manager. (3)Execute contracts on behalf of the City when authorized by the Council. (Ord. No. 85 -3227, § 2(2), 3- 12 -85) Section 4.05. Ineligibility; prohibited acts. Except for the exercise of the right to vote, the City Manager shall not take part in any election of Councilmembers. This prohibition shall in no way limit the City Manager's duty to make available public records as provided by State law or this Charter. Section 5.01. Establishment. The Council may establish Boards in addition to those required by State law and shall specify the title, duties, length of tern, qualifications of members and other appropriate matters. The Council may reduce or increase a Board's duties, transfer duties from one Board to another or dissolve any Board, except as otherwise provided by State law or this Charter. Section 5.02. Appointment; removal. The Council shall, subject to the requirements of State law, seek to provide broad representation on all Boards. The Council shall establish procedures to give at least thirty days' notice of vacancies before they are filled and shall encourage applications by citizens. Council procedures for the removal of members shall be consistent with State law. (Ord No. 85 -3227, § 2(2), 3- 12 -85) Section 5.03. Rules. A. The Council shall establish riles and procedures for the operation of all Boards, which must include but are not limited to, the adoption of by -laws and rules pertaining to open meetings and open records. B. The Council shall specify, for each Board, methods for informal and formal communication with Council, time schedules for the completion of reports requested by Council and such rules as it deems appropriate. C. A Board may establish additional rules and procedures that are consistent with State law, Council rules, and this Charter. NON RED -LINED VERSION January 10, 2005 Section 6.01. Limitations on the amount of campaign contributions. The Council, by ordinance, shall prescribe limitations on the amount of campaign contributions made to a candidate for election to Council by a person as defined in this Charter. (Ord. No. 95 -3671, § 1, 3- 28 -95) Section 6.02. Disclosure of contributions and expenditures. The Council, by ordinance, may prescribe procedures requiring the disclosure of the amount, source and kind of contributions received and expenditures made by (1) each candidate for election to Council and (2) any and all other persons, for the purpose of aiding or securing the candidate's nomination or election. (Ord. No. 85 -3228, § 1, 3 -12- 85) Section 6.03. Definition. Within this article "contribution" shall be defined as that tern is defined in Chapter 56 ( "Campaign Finance ") of the Code of Iowa. Section 6.04. Violations. The Council, by ordinance, shall prescribe: (1) penalties for the violation of the contribution limitations and disclosure requirements it establishes pursuant to this section; and (2) when appropriate, conditions for the revocation of a candidate's right to serve on Council if elected, consistent with State law. (Ord. No. 85 -3227, § 2(2), 3 -12- 85) Section 7.01. General provisions. A. Authority. (1)Initiative. The qualified electors have the right to propose measuresto the Council and, if the Council fails to adopt a measure so proposed without any change in substance, to have the measure submitted to the voters at an election. (2)Referendum. The qualified electors have the right to require reconsideration by the Council of an existing measure and, if the Council fails to repeal such measure, to have it submitted to the voters at an election. (3)Definitiou. Within this article, " measure" means all ordinances, amendments, resolutions or motions of a legislative nature, however designated, which (a) are of a permanent rather than temporary character and (b) include a proposition enacting, NON RED -LINED VERSION January 10, 2005 amending or repealing a new or existing law, policy or plan, as opposed to one providing for the execution or administration of a law, policy or plan already enacted by Council. B. Limitations. (I )Subject matter. The right of initiative and referendum shall not extend to any of the following: (a) Any measure of an executive or administrative nature. (b) The City budget. (c) The appropriation of money. (d) The levy of taxes or special assessments. (e) The issuance of General Obligation and Revenue Bonds. (f) The letting of contracts. (g) Salaries of City employees. (h) Any measure required to be enacted by State or federal law. (i) Amendments to this Charter. 0) Amendments affecting the City Zoning Ordinance or the land use maps of the Comprehensive Plan, including the district plan maps. (k) Public improvements subsequent to City Council action to authorize acquisition of property for that public improvement, or notice to bidders for that public improvement, whichever occurs earlier. "Public improvement' shall mean any building or construction work. (2)Resubmission. No initiative or referendum petition shall be filed within two years after the same measure or a measure substantially the same has been submitted to the voters at an election. (3)Council repeal, amendment and reenactment. No measure proposed by initiative petition and adopted by the vote of the Council without submission to the voters, or adopted by the voters pursuant to this article, may for two years thereafter be repealed or amended except by a vote of the people, unless provision is otherwise made in the original initiative measure. No measure referred by referendum petition and repealed by the vote of the Council without submission to the voters, or repealed by the voters pursuant to this article, may be reenacted for two years thereafter except by vote of the people, unless provision is otherwise made in the original referendum petition. C. Construction. (I)Scope of power. It is intended that this article confer broad initiative and referendum powers upon the qualified electors of the City. (2)Initiative. It is intended that (a) no initiative petition will be invalid because it repeals an existing measure in whole or in part by virtue of proposing a new measure and (b) an initiative petition may amend an existing measure. (3)Referendum. It is intended that a referendum petition may repeal a measure in whole or in part. D. Effect of filing petition. The filing of an initiative or referendum petition does not suspend or invalidate any measure under consideration. Such measure shall remain in Rill force and effect until its amendment or repeal by Council pursuant to Section 7.05A or until a majority of the qualified electors voting on a measure vote to repeal 10 NON RED -LINED VERSION January 10, 2005 or amend the measure and the vote is certified. E. City obligations. An initiative or referendum vote which repeals an existing measure in whole or in part does not affect any obligations entered into by the City, its agencies or any person in reliance on the measure during the time it was in effect. (Ord. No. 85 -3227, § 2(2), 3- 12 -85) Section 7.02. Commencement of proceedings; affidavit. A. Commencement. One or more qualified electors, hereinafter referred to as the "petitioners," may commence initiative or referendum proceedings by filing with the City Clerk an affidavit stating they will supervise the circulation of the petition and will be responsible for filing it in proper form, stating their names and addresses and specifying the address to which all relevant notices are to be sent, and setting out in full the proposed initiative measure or citing the measure sought to be reconsidered. B. Affidavit. The City Clerk shall accept the affidavit for filing if on its face it appears to have signatures of one or more qualified electors. The City Clerk shall issue the appropriate petition forms to the petitioners the same day the affidavit is accepted for filing. The City Clerk shall cause to be prepared and have available to the public, forms and affidavits suitable for the commencement of proceedings and the preparation of initiative and referendum petitions. (Ord. No. 85 -3227, § 2(2), 3 -12- 85) Section 7.03. Petitions; revocation of signatures. A. Number of signatures. Initiative and referendum petitions must be signed by qualified electors equal in number to at least twenty -five percent of the number of persons who voted in the last regular City election, but such signatures shall be no fewer than two thousand five hundred qualified electors. Any petition that does not, on its face, contain the minimum required signatures defined herein shall be deemed insufficient for filing under this article, and no supplementary petition shall be permitted. B. Form and content. All papers of a petition prepared for filing must be substantially uniform in size and style and must be assembled as one instrument. Each person signing shall provide, and the petition form shall provide space for, the signature, printed name, address of the person signing and the date the signature is executed. . The form shall also provide space for the signer's birthdate, but a failure to enter a birthdate shall not invalidate a signer's signature. Petitions prepared for circulation must contain or have attached thereto throughout their circulation the frill text of the measure proposed or sought to be reconsidered. The petition filed with the City Clerk need have attached to it only one copy of the measure being proposed or referred. C. Affidavit of circulator. Each paper of a petition containing signatures must have attached to it when filed an affidavit executed by a qualified elector certifying: the number of signatures on the paper, that he or she personally circulated it, that all signatures were affixed in his or her presence, that he or she believes them to be genuine signatures of the persons whose names they purport to be and that each 11 NON RED -LINED VERSION January 10, 2005 signer had an opportunity before signing to read the full text of the measure proposed or sought to be reconsidered. Any person filing a false affidavit will be liable to criminal penalties as provided by State law. D. Time for filing initiative petitions. Signatures on an initiative petition must be secured and the petition filed within six months after the date the affidavit required under Section 7.02A was filed. E. Time for filing referendum petitions. Referendum petitions may be filed within sixty days after final adoption by the Council of the measure sought to be reconsidered, or subsequently at any time more than two years after such final adoption. The signatures on a referendum petition must be secured during the sixty days after such final adoption; however, if the petition is filed more than two years after final adoption, the signatures must be secured within six months after the date the affidavit required under Section 7.02A was filed. F. Revocation of signature. Prior to the time a petition is filed with the City Clerk, a signatory may revoke his or her signature for any reason by filing with the City Clerk a statement of his or her intent to revoke his or her signature. After a petition is filed a signatory may not revoke his or her signature. The City Clerk shall cause to be prepared and have available to the public, forms suitable for the revocation of petition signatures. (Ord. No. 85 -3227, § 2(2), 3- 12 -85; Ord. No. 90 -3462, § 1, 6 -26- 90) Section 7.04. Procedure after filing. A. Certificate of City Clerk; amendment. Within twenty days after a petition is filed which contains the minimum required signatures, as set forth in Section 7.03.A above, the City Clerk shall complete a certificate as to the petition's sufficiency. If the petition is insufficient, the Clerk's certificate shall specify the particulars wherein the petition is defective. The Clerk shall also promptly send a copy of the certificate to the petitioners by registered mail. A petition certified insufficient may be amended once, provided, however, that one or more of the original petitioners files a notice of intention to amend the original petition. Such notice must be filed with the City Clerk within two days after receiving a copy of the certificate, and the petitioner also must file a supplementary petition upon additional papers within fifteen days after receiving a copy of such certificate. Such supplementary petition shall comply with the requirements of subsections B and C of Section 7.03. Within fifteen days after a supplementary petition is filed, the City Clerk shall complete a certificate as to the sufficiency of the petition, as amended and supplemented, and shall promptly send a copy of such certificate to the petitioners by registered mail, as in the case of an original petition. If a petition or amended petition is certified sufficient, or if the petition or amended petition is certified insufficient and one or more of the petitioners do not request Council review under subsection B of this Section within the time prescribed, the City Clerk shall promptly present the certificate to the Council. B. Council review. If a petition has been certified insufficient by the City Clerk and one or more of the petitioners do not file notice of intention to amend it, or if an amended WE NON RED -LINED VERSION January 10, 2005 petition has been certified insufficient by the City Clerk, one or more of the petitioners may, within two days after receiving a copy of such certificate, file with the City Clerk a request that it be reviewed by the Council. The Council shall review the certificate at its next meeting following the filing of such a request, but not later than thirty days after the filing of the request for review, and shall rule upon the sufficiency of the petition. C. Court review. To the extent allowed by law, Court review of the Council's actions shall be by writ of certiorari. D. Validity of signatures. A petition shall be deemed sufficient for the purposes of this article if it contains valid signatures in the number prescribed by Section 7.03 and is timely filed, even though the petition may contain one or more invalid signatures. A signature shall be deemed valid unless it is not the genuine signature of the qualified elector whose name it purports to be, or it was not voluntarily and knowingly executed. A valid signature need not be in the identical form in which the qualified elector's name appears on the voting rolls, nor may a signature be deemed invalid because the address accompanying the name on the petition is different from the address for the same name on the current voting rolls if the qualified elector's birth date is provided and is shown on the voting rolls. (Ord. No. 85.3227, § 2(2), 3- 12 -85; Ord. No. 90 -3462, § 2, 6- 26 -90; Ord. No. 95 -3671, § 1, 3- 28 -95) Section 7.05. Action on petitions. A. Action by council. When an initiative or referendum petition has been determined sufficient, the Council shall promptly consider the proposed initiative measure or reconsider the referred measure. If the Council fails to adopt a proposed initiative measure and fails to adopt a measure which is similar in substance within sixty days, or if the Council fails to repeal the referred measure within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred measure to the qualified electors of the city as hereinafter prescribed. If at any time more than thirty days before a scheduled initiative or referendum election the Council adopts the proposed initiative measure or adopts a measure which is similar in substance or if the Council repeals a referred measure, the initiative or referendum proceedings shall terminate and the proposed or referred measure shall not be submitted to the voters. B. Submission to voters. (1)Initiative. The vote of the City on a proposed measure shall be held at the regular city election or at the general election which next occurs more than forty days after the expiration of the sixty day period provided for consideration in Section 7.05A, provided that the initiative petition was filed no less than 110 days prior to the deadline imposed by state law for the submission of ballot questions to the Coumnissioner of Elections. (2) Referendum. The vote of the City on a referred measure shall be held at the regular city election or at the general election which next occurs more than forty days after the expiration of the thirty -day period provided for reconsideration in Section 7.05A, provided that the referendum petition was filed no less than 80 13 NON RED -LINED VERSION January 10, 2005 days prior to the deadline imposed by state law for the submission of ballot questions to the Commissioner of Elections. The Council may provide for a special referendum election on a referred measure any time more than 120 days after the filing of the referendum petition with the City Clerk., . C. Ballot. Copies of the proposed or referred measure shall be made available to the qualified electors at the polls and shall be advertised at the city's expense in the manner required for "questions" in Section 376.5 of the Iowa Code. The subject matter and purpose of the referred or proposed measure shall be indicated on the ballot. (Ord. No. 77 -2858, § 2, 9- 16 -77; Ord. No. 85 -3227, § 2(2), 3- 12 -85) Section 7.06. Results of election. A. Initiative. If a majority of the qualified electors voting on a proposed initiative measure vote in its favor, it shall be considered adopted upon certification of the election results. The adopted measure shall be treated in all respects in the same manner as measures of the same kind adopted by the Council, except as provided in Section 7.0113(3). If conflicting measures are approved by majority vote at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. B. Referendum. If a majority of the qualified electors voting on a referred measure vote in favor of repealing the measure, it shall be considered repealed upon certification of the election results. Section 7.07. Prohibition on establishment of stricter conditions or requirements. The Council may not set, except by Charter amendment, conditions or requirements affecting initiative and referendum which are higher or more stringent than those imposed by this Charter. Section 8.01. Charter amendments. This Charter may be amended only by one of the following methods: A. The Council, by resolution, may submit a proposed amendment to the voters at a special city election, and the proposed amendment becomes effective when approved by a majority of those voting. B. The Council, by ordinance, may amend the Charter. However, within thirty (30) days of publication of the ordinance, if a petition valid tinder the provisions of section 362.4 of the Code of Iowa is filed with the council, the Council must submit the amending ordinance to the voters at a special city election, and the amendment does not become effective until approved by a majority of those voting. C. If a petition valid under the provisions of section 362.4 of the Code of Iowa is filed 14 NON RED -LINED VERSION January 10, 2005 with the Council proposing an amendment to the Charter, the Council must submit the proposed amendment to the voters at a special city election, and the amendment becomes effective if approved by a majority of those voting. (Ord. No. 85 -3227, § 2(2) 3- 12 -85) Section 8.02. Charter review commission. The Council, using the procedures prescribed in Article V, shall establish a Charter Review Commission at least once every ten years following the effective date of this Charter. The Commission, consisting of at least nine members, shall review the existing Charter and may, within twelve months recommend any Charter amendments that it deems fit to the Council. The Council shall either exercise its power of amendment pursuant to Section 8.0113 of the Charter on a matter recommended by the Commission or submit such amendments to the voters in the form prescribed by the Commission, and an amendment becomes effective when approved by a majority of those voting. (Ord. No. 85 -3227, § 2(2), 3- 12 -85) CHARTER COMPARATIVE TABLE The Home Rule Charter is set out in this volume as adopted by the voters on November 15, 1973, and by Ordinance No. 76 -2792, on January 2, 1976. The following table shows the disposition of amendments to the Charter: Ordinance Number Date Section Disposition 77 -2826 3 -15 -77 II 6.01 77 -2858 9 -06 -77 2 7.0513 77 -2864 9 -06 -77 2 3.01 85 -3227 3 -12 -85 2(1) Definitions 7,8 2(2) 2.01, 2.03, 2.05 -2.08 3.01 -3.03 4.04, 5.02, 6.04,7.01- 7.05, 8.01, 8.02 85 -3228 3 -12 -85 1 6.02 85 -3273 12 -17 -85 2 2.01 90 -3462 6 -26 -90 1 7.03A 2 7.04A 95 -3671 3 -28 -95 1 2.06B,2.08C,E, 3.01A, 6.01, 7.04D 1 The home rule Charter of the City, adopted by the voters of the City on November 15, 1973, and by Ordinance 76 -2792 on January 2, 1976, pursuant to I.C.A. section 372.9, is NON RED -LINED VERSION January 10, 2005 set out herein as adopted and amended. 15