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F+ M I .0 7 W 0 G drd x x x I 3 O In U 'W P+ Ucn 0. r-4 ro 0 g 0 ,t U 'Pi < NOTICE TO ELL. _u ::; You are hereby notified that the Cite t:)uncil of the City of Iowa Cizy, 0 Codc of Iowa (HF 574) of the Iowa, pursuant to section 55-1-(`) of the ;;.:y Acts o` the 64th GeneralAssembly Second ..e ai : ,:scion, has by teso'_u authorized the submission Of the followi. i'n?oLed CharL:r for L:1L C.i:y �•_ Iowa City. You are further notified th:.t ::e ejection on saia proposed Chartor wi'.1 beheld on he 6th day of Sc .=mbcr, 1973. pursuant to luw. 5 ,.o osed'Charter are on,iilc i•• You are furt::er notified that copies of s P the Office of the City Cleric of Iowa Cit} , her office in t'rae Civic in Iowa City,' Iowa, for public •:istributi to persons interested titerev:.• The proposed Charteris as followt.. .lune 22, 1973 wiiiianyL. neacoer, uhalrma Iowa City Charter Committee 1 1 HOME RULE CHARTER OF THE CITY OF IOWA CITY, IOWA 'Reconimerided by.thedIowa_City-=Ctiartervrommittee_ 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. i 5. That the City should perform all acts and take all measures r 1 i this Charter, 'adopt the following principles: t 1 1. That the government of Iowa City belongs to all its citizens and ,all share theresponsibilityfor 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. i 5. That the City should perform all acts and take all measures r 1 i 1 -2- ' necessary and desirable to promote the general health, safety and welfare of its residents, to encourage the participation of its citi- zens in policy formation and to secure the full benefits of "liome 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 i r City. s; i 1 3. "Councilmember" means a member of the Council, including the i Mayor. i ' 4. "Shall" imposes a duty. 5. "Must" states a requirement. j6. "May" confers a power. 7. "Voter" means a person eligible to register to vote in Iowa City. S. "Qualified voter" means a voter who is registered to vote in Iowa City. ' 9. "Board" includes a .Board, Co;n-nission, Committee or other similar entity however designated. 1 -3- 10. "Person" means an individual, firm, partnership, corporation, company, association, political party, committee or any other legal entity. ' 11. "Ordinance," except as provided in Article VII, means a City 1 law of a geteral and permanent nature. 12. "Measure" means an ordinance, amendment, resolution or mo- tion. ARTICLE I. POWERS OF THE CITY ' Section 1.01. Powers of the City. the City has all powers possible under the Constitution and laws 1 of this State. } Section 1.02. Construction. �4 The grant of power to the City under this Charter is intended to 4 ' be broad'; the mention of a specific power in this Charteris not in- ' tended 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. 1 i , ARTICLE II. CITY COUNCIL Section 2.01. Composition. The City Council consists of seven members. Four, to be known as Councilmembers at-large, are to be nominated and elected by the quali- fied voters of the City at large. The other three are to be known as District Councilmembers; they are to be nominated by the qualified' ' voters of their respective districts, as provided by Article III, and one is to be elected from each Council District by the qualified voters of the City at large: ' Section 2.02. Division into CouncilDistricts. I , The Council, by ordinance, shall divide the City into three Coun- cil Districts of substantially equal population. These Districts are ' to be designated as Council District A, Council' District B, and Council i I District C. Section 2.03. Eligibility. i' To be eligible to be elected to and retain a Council position, a ' person must be a voter of Iowa City, and if seeking or elected to repre- sent a,Council District, domiciliary of that Council District. 1 ' Section 2.04. Terms. I' At the first election under this Charter, all seven Councilmembers 1 -5- ' 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 terns of four years, and the other,Councilmembers are to serve for terms of 'two years. Commencing at the next regular City election, and at all 1 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. lbe Council, by ordinance, shall prescribe the compensation of the Mayor and the other Councilmembers, but an increase in the compen- sation of the Mayorlor other Councilmembers does not become effective increase is adopted, and the Council may during the term in which the not adopt such an ordinance during the months of November and December ' immediately following a regular City election. Section 2.06. Mayor. } A. Immediately following the beginning of the terms of Council- members 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 ' and representative of the City, presiding officer of the Council i -6- its policy spokesman. the Mayor shall present to the City no later than February 28, an annual State of the City message. the Mayor, in tile manner provided by 'State law, may sign, vetoor take no action on an ordinance, amendment or resolution passed by the Council. C. The Mayor pro tem shall act as 'Mayor during the absence of the Mayor. Section 2.07. General Powers and Duties. All', powers of the City are vested in the Council, except as other- wise provided by State law and this Charter: Section 2.08. Appointments. A Tile Council shall appoint the City. Manager. B:' Tile Council shall appoint the City Clerk. C. The Council shall appoint the City Attorney and such other i.:gal,counsel as it finds necessary, and it shall provide for the ap- pointment of the City legal staff. D. Tile Council shall appoint all members of the City's Boards, except as otherwise provided by State law. G. The Council shall fix the amount of compensation of persons it appoints and shall provide for the method of compensation of other City employees. All appointments and promotions of City employees must L t ' be made according to job-related criteria and be consistent with non- • discriminatory and equal employment opportunity standards established ' pursuant to law. ' Section 2.09.Rules;, Records. The Council may determine its own rules and shall maintain re- cords of its proceedings consistent with State law. ' Section 2.10. Vacancies. ' in City The Council shall fill a vacancy occurring an elective 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 of the Councilmembers except as other- wise provided by State law.` B. The Council may submit to the voters, without a petition, ' a proposition for the repeal, amendment or enactment of any measure', to be voted upon at any succeeding general, regular or special City I election, and if the proposition submitted receives a majority of the { 1� votes cast on it at the election, the measure shall be repealed, „ _ amended or enacted accordingly. i me 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. Neither the Council nor its members may dictate, in any man- ner, 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 orldi- rection of any person appointed by or under the control of the City, ' Manager. ' ARTICLE III. i NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION Section 3.01_. Nomination. A. A voter of a Council District may become a candidate for a ' Council District seat by filing with the City Clerk a petition re- questing that his or her name be placed on the ballot for that office. ' 'file petition must be filed at least four weeks before the date of the regular City election and must contain signatures from the candidate's { ' District in a number equal to one-third or more of the number of sig- ' natures required for at -large candidates. ' 13. A voter of the City may become a candidate for an at -large seat by filing with the City Clerk a petition requesting that the can- �,1 ce 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. Section 3.03. Regular City Election. 1 A. In the regular City election, each Council District seat u ` 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. the three Council District seats shall be designated on the ballot as Council District �c didate's name be placed on the ballot for that office. The petition A. must be filed at least four weeks before the date of the regular City there are more than two candidates for a Council election seat, a primary election must be held for that seat with only the auali- and must be signed by voters of the City equal in number to ' at least two percent ,of those who voted to fill the same office in the last regular City election. City elec- tion 1 candidates for that Council seat. ce 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. Section 3.03. Regular City Election. 1 A. In the regular City election, each Council District seat u ` 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. the three Council District seats shall be designated on the ballot as Council District �c 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 auali- Pied'voters of that Council District eligible to vote. the names of ' the two candidates who receive the highest number of votes in the pri- mary election are to be placed on the ballot for the regular City elec- tion as candidates for that Council seat. B. If there are more than Lwi ce 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. Section 3.03. Regular City Election. 1 A. In the regular City election, each Council District seat u ` 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. the three Council District seats shall be designated on the ballot as Council District �c 1 -10- ' A, Council District 'r. 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. ARTICLE IV. CITY MANAGER Section 4.01. Appointment;Qualifications. In appointing a City Manager, the Council shall consider only the qualifications and fitness of t1e pers.n without regard to political or other affiliation. During his or her tenure the City Manager shall reside within the City. i Section 4.02. Accountability; Removal. 1 A. The City Manager is under the direction and supervision of + the Council and holds office at its pleasure. Unless otherwise pro- vided by contract. a City Manager removed by the Council is entitled to receive termination pay of not less than two months' salary, com- puled 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 perform the duties of City Manager to serve at the pleasure of Council or until a City Manager is appoi:.ted. II -11- Section 4.03. Absence; Disability of City Manager I' i J g e n ment 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 or employ persons to occupy positions for which no other method of appointment is provided by State law or this Charter. (4) 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 and this Charter. 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 desig- nation, 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: (1) Insure that the laws of the City are executed and en- - , i forced. i (2) Supervise and direct the administration of Cit ov r - I' i J g e n ment 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 or employ persons to occupy positions for which no other method of appointment is provided by State law or this Charter. (4) 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 and this Charter. -12- be done for the City; make all purchases o mate s n pp , and assure that such materials and supplies are received and are of (5) Supervise the performance of all contracts for, work to of each month undertakings of the City, and all City -owned property including build- report showing all f riis and su lies be done for the City; make all purchases o mate s n pp , and assure that such materials and supplies are received and are of ' specified quality and character. Provide the Council within ten days following the end (6) Supervise and manage all public improvements, works and of each month undertakings of the City, and all City -owned property including build- report showing all ings, plants, systems, and enterprises, and to have charge of their construction,, improvement,, repair and maintenance, except where other- wise provided by State law. (7) Supervise the making and preservation of all surveys, maps, plans, drawings, specifications and estimates for the City. ' (8) Provide for the issuance and revocation of licenses and permits authorized by State law or. City ordinance and cause a record 'I ' thereof to be maintained. 3 j (9) Prepare and submit to the Councilthe annual budgets in f ' the form prescribed by State law. ' (10) Provide the Council within ten days following the end of each month an itemized written monthly report showing all receipts and disbursements for the preceding month. (11) Attend Council meetings and keep the Council fully ad- -15- ' vised of the financial and other conditions of the City and its needs. (12) See that the business affairs of the City are transacted in an efficient manner and that accurate records of all City business iare maintained and made available to the public, except as otherwise ' provided by State law. (13) Provide necessary and reasonable clerical, research and professional assistance to Boards within limitations of the, budget., (14) Perform such other and further duties as the Council r i' may direct. i :;a,._-er, in performing the foregoingduties, may; Present recommendations and programs, to the Council and participate in any discussion by the Council of any matterspertaining to the duties of the. City Manager. � ' I (2), Cause the examination and investigation of.theaffairs tof any department or the conduct of any employee under supervision of the City Manager. i V +' (3) Execute contracts on behalf of the City when authorized j I.' by the Council. ' Section 4.05. Ineligibility; Prohibited Acts. -14- establish procedures to give at least thirty days' notice of vacancies before they are filled and shall encourage nominations by citizens. shall not take part in any election of Councilmembers. This prohi- bition shall in no way limit the City Manager's duty to make available public records as provided by State law or this Charter. ' ARTICLE V. ' BOARDS, COMMISSIONS AND COiuIITTEES Section 5.01.Establishment: 1 The Council may establish Boards in addition to those required by State law and shall duties, specify the, title, length of term, qual- ifications, 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 appoint all members of Boards, unless otherwise ' provided by State law, and shall seek to,provide broad representation on all Boards, subject to the requirements of State law. The Council shall establish procedures to give at least thirty days' notice of vacancies before they are filled and shall encourage nominations by citizens. -15 - Section 5.03. Rules. A. The Council shall establish rules 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, B. The Council shall specify, for each Board, ire thods for infor- mal and formal communication with Council, time schedules for the com- pletion of 'reports requested by Council and such rules as i_ deems ' appropriate. C. A Board may establish additional rules and procedures that 1 are consistent with State law, Council rules, and this Cnarter. ' ARTICLE VI. . CAMPAIGN CONTRIBUTIONS AND EXPENDITURES Section 6.01. Limitations on the Amount of CampaignExpenditures. The Council, by ordinance, shall prescribe limitations on the amount of campaign expenditures made by and on behalf of candidates fur election to Council. Section 6.02. Disclosure of Contributions and Expenditures. The Council, by ordinance, shall prescribe procedures requiring, immediately before and after each regular, special, primary, or run-off election, the disclosure of the amount, source and kind of all contri- i ' -16- ' butions received and expenditures made by (1) each candidate for elec- Council and (2).any and all other persons, for the purpose of tion to aiding or securing the candidate's nomination or election. tSection 6.03. Definition. ' Within this article an expenditure or contribution does not mean time donated to aid or plromote a candidate's nomination or a person's election. Section 6.04. Violations. ' The Council, by ordinance, shall prescribe (1) penalties for the,violation of the expenditure limitations, and disclosure require- 1 it pm.{uant to this section and (2) when appropriate, ments establishes for theof a candidate's right to serve on Coun- 'istent conditions ,revocation cil if elected, cons with, State law. VII. ARTICLE ' INITIATIVE AND REFERENDUM ' . Section 7.01. General Provisions. A. Authority. 1' (1) Initiative. The qualified voters have the right to pro- i ' to the Council and, if the Council fails to a(" -;Pt an pose ordinances so proposed without any change in substance, to have the ordinance ordinance submitted to the voters at an election. l 1 1. ' -17- (2) Referendum. 4h e qualified voters have the right to re - 'd tion by the Council of an existing ordinance and, if quire reconsi era the Council fails to repeal such ordinance, to have it submitted to the voters at, an election. (3)Definition. Within this article, 'ordinance" means all measures of a legislative nature, however designated, which (a) are of a permanent rather than temporary character and (b) include a proposi- pealing a new or existing law, policy or tion enacting, amending or re plan, as opposed to one providing for the execution or administration of a law, policy or plan already enacted by Council. B. Limitations. (1) Subject Matter. The right of initiative and referendum shall not extend to any of'rthe following: re (a) Any measure of an executive or administrative natu Ci budget. (e) The ty The appropriation of t»ney. The levy of taxes or special assessments. The issuance of General Obligati0n�Bonds. (f) The letting of contracts. 1 1 SM (g) Salaries of City employees. (h) Emergency ordinances. (i) Any measure required to be enacted by State or ' federal law. Amendments to this Charter. (k) Amendments affecting the, City Zoning ordinance; except these affecting a tract of land two acres or more in size. t (Z) Resubmission. No initiative :or referendum petition 'shall be filed 'within two years after the same measure or a measure substan- tially the same has been submitted to the voters at an election. (3) Council Repeal, Amendment and Reenactment. No ordinance proposed by initiative petition and adopted by the vote of the Council ' without submission to the voters, or adopted by the voters pursuant years thereafter be repealed or amended to this article, may for two except by a vote of the people, unless provision is otherwise made in ' the, original. initiative ordinance. No ordinance referred byreferendum petition and repealed by the vote of the Council without submission to ' to a voters, or repealed by the voters pursuant to this article, may ' -19- ' be reenacted for two years thereafter except by, vote of the people, un- less 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 voters of the City. ' (2) Initiative. It is intended that (a) no initiative peti- tion will be invalid because it repeals an existing or•;inance in whole or in part by virtue of proposing anew ordinance and (b) an initiative ' petition may amend an existing ordinance. (3) Referendum. ?t is intended that a referendum petition may repeal an ordinance in whole or in part. D. Bf`ect of Filing Petition. lice filing of an initiative or re ' ordinance ferendum petition does not suspend or invalidate any under ' consideration and such ordinance shall remain in full force and ef- fect until its amendment or repeal by Council pursuant to Section 7.051 ' or 'until a majority of the qualified voters voting on this ordinance vote to repeal or amend the ordinance and the vote is certified. E. City Obligations. An initiative or referendum vote which 1 -20- obligations entered into by the City, its agencies or any person in reliance on the ordinance during the time it was in effect. Section 7.02.. Commencement of Proceedings; Affidavit. A. Commencement. One or more qualified voters, hereinafter re- fe'rred 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 by setting out in full the proposed initiative ordinance or citing 1 the ordinance sought to be reconsidered. B. Affidavit. The City Clerk shall accept the affidavit ,for tfiling if on its face it appears to have signatures of one or more qualified voters. The City Clerk shall issue the appropriate pati - tion forms to the petitioners the same day the affidavit is accepted for filing. The City Clerk shall cause to be prepared and have avail - em nt able to the public, forms and affidavits suitable for the commenc e ' of proceedings and the preparation of initiative and referendum peti- tions. Section 7.03. Petitions; Revocation of Signatures. 1 A. Number of Signatures. Initiative and referendum petitions - 1 -21 - must be signed by qualified voters equal in number, to at least twenty- ' five percent of the number of ,persons who voted in, the last regular City election, but by not fewer', than two thousand five hundred quali- fied voters. B. Form and Content. All papers of a petition prepared for _ size and style and must be 'a 1 uniform in Y be subs tan ti 1 film must Y g assembled as one instrument. Each signature on the petition must be followed by the address of the person signing and the date the signa- ture is executed. Petitions prepared for circulation m•:st contain or ' have attached thereto throughout their circulationthe full text of the ordinance proposed or sought to be reconsidered. The petition ' filed with the City Clerk need have attached to it only one copy of the ordinance 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 City voter 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 pu:'port to be ' and that each signer had an opportunity before signing to read the ' full text of the ordinance 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 ini— tiative 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 ordinance 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 adop— tion, the signatures must be secured •_ithin six months after the date the affidavit requiredunder' Section 7.02A was filed.' F. Revocation of Signature.) Prior to the time a petition is filed with the City Clerks 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 signator-. 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. Section 7.04. Procedure after Filing. A. Certificate of City Clerk; Amendment. Within twenty days after a petitionis'filed, :the 'City Clerk shall complete a certificate as. to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certifi- cate to the petitioners by registered nail. A petition certified in- sufficient for lack of the required number of valid signatures may be ' amended once if one or more of the petitioners files,a notice of in- tention to amend it with the City Clerk within two days after receiving ' a copy of such certificate and files a supplementary petition upon additional papers within fifteen days after receiving a copy of 1 such certificate. Such supplementary petition shall comply with ' the requirements of Subsections B and C of Section 7.03, and within five days aster it is filed the City Clerk shall complete 'a certi- ficate as to the sufficiency of the petition as amended and 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 peti- tion is certified sufficient, or if a petition or amended petition is certified insufficient and one or more of the petitioners do not amend ' or request Council review under Subsection B of this Section within the time prescribed, the City Clerk shall promptly present the cer- tificate to the Council. ' B. Council Review. If a petition has been certified insuffi- cient by the City Clerk and one or more of the petitioners do not file notice of intention to amend it or if an amended petition has been cer- 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 nexc'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 Petition. Each ',qualified voter has a right to judicial review of Council's determi na :ion as to the sufficiency of a petition. Proceedings for judicial review will be equitable in na- ture and must be filed in the State District Court for Johnson County. Tile right to judicial review is conditioned upon the timely filing of a request for Council re•riew under Section 7.04B, and the filing of the petition for court review within thirty days after determination by,, Council as to the sufficiency of the petition. A determination of in- sufficiency, even if sustained upon court review, shall not prejudice rthe filing of a new petition for the same purpose. iD. Validity of Signatures. A petition shall be deemed suffi- cient for the purposes of Section 7.04 if it contains valid signatures rin the number prescribed by Section 7.03A and is timely filed, even though the petition may contain one or more invalid signatures. A rsignature shall be deemed valid unless it is not the genuine signa- ture of the qualified voter whose name it purports to be, or it was r r ' -25- tnot voluntarily and knowingly executed. A valid signature, need not be in the identical form in which the qualified voter's name appears ' on the voting rolls. ' Section 7.05. Action on.Petitions. A. Action by Council. When an initiative or referendum peti- tion has been determined sufficient, the Council shall promptly tconsider the proposed initiative ordinance or reconsider the referred ' ordinance. If the Council fails to adopt a proposed initiative ordi- nance without any change in substance within sixty days or fails to re- tpeal the referred ordinance within thirty days after the date the peti- tion was finally determined sufficient, it shall submit theproposed ' or referred ordinance to the qualified voters of the City as hereinafter- prescribed. Council may refuse to submit to, the voters an ordinance ' which has been proposed or referred in accordance with the provisions ' of this article only if the petition is deemed insufficientpursuant to section 7.04. If at any time more than 'thirty days before a ' scheduled initiative or referendum election Council adopts a proposed initiative ordinance without any change in substance or repeals a re- ferred ordinance, the initiative or referendum proceedings shall ter- minate and the proposed or referred ordinance shall not be submitted to the voters. 1 B. Submission to Voters, lice vote of the City on a proposed or -26- ' referred ordinance shall be held at the regular City election or at the general election which next occurs more than thirty days after the ex- piration of the appropriate sixty or thirty day period provided for ' consideration or reconsideration in Section 7.05A, provided, however, - that Council may provide for a special referendum election on a referred ordinance any', time after the expiration of the thirty day period pro- ' vided for reconsideration in Section 7.05A. Copies of the proposed or referred ordinance shall be made. available to thequalified voters at, the polls and shall be advertised at the City's expense in the manner required for !,"questions" in Section 65 of the City Code of Iowa. The ' subject matter, and purpose of the referred or proposed ordinance shall be indicated 'on the ballot. Section 7.06. Results of Election. A. 'Initiative. If a majority of the qualified electors voting on ' a.proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated ' in all respects in the same manner as ordinances of the same kind adopted ' by the Council, except as provided in Section 7.01B(3). If conflicting ordinances are approved by majority vote at the same election, the one ireceiving the greatest number of affirmative votes shall prevail to the extent of such conflict. t B. Referendum. If a majority of the qualified electo s voting 1 1 1 -27- on a referred ordinance vote against it, it shall be considered re- pealed upon certification of the election results. 1 Section 7.07. Prohibition on. Establishment of Stricter Conditions or ' Requirements. t The Council may not set, except by Charter amendment, conditions or requirements affecting initiative and referendum which are higher than those imposed by this Charter. or more stringent ARTICLE VIII. CHARTER'AMENDaE1v1S AND REVIEtd 1 Section 8.01. CharterAmendments. 1 1 one of the following methods: .This Garter may be amended on b n g Y Y Y A. The Council, by resolution', may submit a proposed amendment ' to the voters at a City election, and a 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 voters of the City equal in number to ten percent of the per- is filed sons who voted at the last preceding regular City election with the Council, the Council must submit the amending ordinance to the voters at a City election, and ,the amendment does not become af- fective until approved by a majority of those voting. 1 ' -28- C If a petition signed by voters of the City equal in number to ten percent of the persons who voted at the last preceding regular City election is, filed with the Council proposing an amendment to ,the Charter, the Council must sub mit the proposed amendment to the voters at a City election, and the amendment becomes effective if approved by a majority of those voting: Section 5.02. Charter ReviewCommission. t 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, twithin twelve months recommend any ;Charter amendments that it deems fit. The. Council shall submit such amendments to the voters in the form pre- scribed by the Commission, and an amendment becomes effective when ap- proved by a majority of those voting. ' Dated this 22nd day of June, 1973. , t .DavidB\us `Brad DeCounter \ Patricia Cain James Knight ' Robert Corrigan X• William hfeardon ' Penny Davidsen Clayton Ringgenberg Dale Welt You .are futher notified that the ballot on said measure shall be by voting machine and shall be pursuant to Section 52.25 of the 1973 Code Of Iowa and that the entire proposed Charter will be on display at each voting precinct and on each voting machine as'regsired by Section 52.25 of the sure will be summarized as provided i 1973 Code of Iowa,and that the mea -. said section on said machine as 'follows: -0FFICIAL BALLOT (Notice to Voters: For an affirmative vote upon any question sub.-..itted upon this ballot, make a cross (x) or check (✓) in the square after the word '1YE5" For anegative vote make'a similar mark in the square foilowing th:: Mork "NO" ) SHALL Tiu. F011OWING PUBLIC ,iEASuRE BE ADOPTED? Shall the proposition to change the form of municipal government of the City of Iowa %...y to the Home Rule Charter approved for submission to the voters of Iowa City by resolution of the Council enacted Juiy 20, 1973 be adopted? 22�les fno OR Shall the existing form of government, Council -Manager -at -large, be retained? _ Uy08 Vno he form of government receiving the highest You are further notified that t I RESOLUTION NO. 73_187 RESOLUTION AUTHORIZING MAYOR TO EXECUTE GENERAL REVENUE SHARING ACTUAL USE REPORT AND PLANNED USE REPORT. WHEREAS, the City of Iowa City, Iowa, has prepared a General Revenue Sharing Actual Use Report for funds received thru June 30th, 1973 and a Planned Use Report for Entitlement Period 4, July 1, 1973 thru June 30,-1974, copies?,of said reports attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the; public interest to authorize execution of said reports. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor is hereby authorized and directed to execute these reports with the Department of Treasury, Office of Revenue Sharing. Z. That the City Clerk shall furnish copies of said report to any citizen requesting same: It was moved by-Eiekerson and seconded b that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt X Connell X Czarnecki X Hickerson X White Passed and DEPARTMENT OFTHE TREAPRY °i OFFICE OF REVENUE SHARING 1900 PENNSYLVANIA AVE. N.W. WASHINGTON. D.C. 20226 •r"Ir.tll�! HAS USED ITS REVENUE SHARING PAYMENT FOR THE PERIOD BEGINNING - JAN l., J.i7? ENDING JUP), 3,0, 1573 jLl DEBT How has the funds affected the IN THE FOLLOWING MANNER BASED UPON A borrowing requirements of your jurisdictions AVOIDED DEBT INCREASE NO EFFECT TOTAL PAYMENT OF {544, 572 '. LESSENED DEBT INCREASE 8 TOO SOON TO ACCOUNT NO. PREDICT EFFECT 16 2 TOPIR CITY CJ52 003 IM) TAXES In which of the following manners did the availability of Revenue Sharing Funds. affect the tax levels of your juris• CITY diction? Check as many as apply.. r-11'IN1;QFP CIVIL CENTER lENABLED REDUCING THE REDUCED AMOUNT OF RATE a TOWN CITE'. 522413 RATEOFAAIAJOR TA%, INCREASE OF A MAJOR TAX. .TOWN PREVENTED INCREASE IN NO EFFECT ON TAX LEVELS u RATE OF A MAJOR TAX aPREVENTED ENACTING A NEW MAJOR TAX. ❑ TOO SOON TO PREDICT EFFECT OPERATING/MAINTENANCE EXPENDITURES '.: CAPITAL EXPENDITURES. PRIORITY ACTUAL Necsvt'. usED (ox PEDDtNT. -- PURPOSE .ACTUAL.. PERCENT USED FOR: 1A110 DEBT EXPENDITURE EXPENDITURES Nall NEWORD NEwoe EXPENDITURES CATEGORIES (A) ([i) INAUCE DI LUSTING SERVICES EXPANDED SERVICES (EI (F) EQUIPMENT CONSTFUCTIOr ACQUISITION IIETIB(Mint ICI IDI IGI ` HI Ig IJI PUBLIC SAFETY S 70,000 D 1OO �o D IO 10 MULTI. PURPOSE AND S ZOO,000 0 /0 0 0 % _ 0. N0 x GENERAL GOVT. 1OO/o e ENVIRONMENTAL S SIO SID EDUCATION C S ,. % % % ° �0 PROTECTION TRANSPORTATION rustiC S % % 12 HEALTH $ % % % �, % HEALTH S DIO DIO S. 0/0 TRANSPORTATION 88 1`500 1O=0/00/0 RECREATION S % % 14 SOCIAL S o IO OIo %I DEVELOPMENT 1S HOUSING& LIBRARIES S DIO % COMMUNITY $ % % % %. DEVELOPMENT 7 16 SOCIAL SERVICES S 0/D % ECONOMIC Gam' % % % 0/O FOR AGED F POOR DEVELOPMENT FINANCIAL' S '% 11OO % 17 ENVIRONMENTAL ICONSERVATIO14 S % % % %. ADI.11NISTRATION I . 15,000 9TOTAL ACTUAL OPERATING' MAIN: TETrAnh'SE E%P[H• t_+ J / 16 S D/o D�o % D�O. PUBLIC SAFETY 7,500 100 (NJ C'c RTIFICATION (Please Read Instiuction'Fl. 19 RECREATION S D�0 D�0 %i The news media have been advised that a complete copy CULTURE 1 of this report has been published in a local newspaper of general circulation. I have records documenting Jho contents of this report 20 OTHER (Specify SO Ex, 0/O %I %;. and they are open for public and news media scrutiny. I Additionally. I Certify that 1 am ilia chief executive officer and, with lespeet to ilia entitlement funds reported hereon. 1 21 OT HER (Specify) $ % % %! % certify that they have not been used In violation. of either the I priority expauldure requirement (Section 1031 or the matching funds prohibition (Section 104) of the Act. 220THERISpen/yl S % %I % % 101 TRUST FUNDREPORT 23ACTUA ' / ' j l.._______.'j CA Pl1AL EXPENOI• $ TURES G ��/ Revenue Sharing Funds Received S4Q 572. Thru Juno 30. 1973....... S Interest Eamad ............ S 12,820 �' SIGNATURE OF CrU[f EXECUTIVE OFFICER Total Funds Available........ s 557,392 C,_L., Bxandx_,_May_Dr Amount Expended .......... 5-381,000 NAME 6 TITLE • PLEASE PRINT '.' 176,392 Iowa Cit _Press Citizen - Se tember_J...19Z3— BAIa1KP ...............5 NAM[ Or NEWSPAPER DAIL PUDLI4NE0 availability of"tevenua sharing THIS rrcror;r'ru or rrrrtrrrlur:n n, rur: urrri, 011 nrr• `T �' rrcnsuaY' A t;I iicti LNUa SIfAII • I 1b0O NNSYLVANIA AVE.W PEW. a WASHINGTON. D.C.2O226 �h) oEXECIJTIVE PROPOSAL. Check this block if this plan is based on -TUI- J -.I J.'n = - .AND ENDING JILIN ZU. IJ an aw,hliva proposal IN ,THE FOLLOWING MANNER BASED UPON AN (L }.DEBT HoW will the availability of revenue sharing finds affect the bMhlwing re,luiremantS of your jurisdiction? ESTIMATED TOTAL OF $513" l:19�1 AVOID D RTINCREASE EFFECT e.NO LESSEN TOOSOONTO A. b1_BT INCREASE PREDICT EFFECT ACCOUNT NO. 16 2 052 003 (NJ) TAXES In which of tiro following manners is it expected that the IuI'II'i ovnilabilltyof Revenue Sharing Funds will affect the tax CITY P119NHGEP luvnls of your jurisdiction? Check as many as apply. CIVIC CENTER - aVlILLENABLE REDUCING ❑WILLREDUCEAMOUNTOFRATE X TAX. IUNH CITY 'IUWH " 522,10' RATE OF A MAJOR TAX. INCREASE OFA MAJOR UHILL PREVENT INCREASE IN ❑NO EFFECT ON TAX LEVELS GATE OF A MAJOR TAX ❑SgILL PREVENT ENACTING ❑ 700 SOON TO PREDICT EFFECT , A NEW NSAJOR TAX OPERATING/MAINTENANCE EXPENDITURES CAPITAL EXPENDITURES PERCENT PLANNED AOR NRant PERCENT PRIORITY '.PLANNED Puente FOR PLANNED FOR PLANNED. PURPOSE EXPENDITURES - tr,no p[BT EXPENDITURE DITURE EXPENDITURES a IIREMANCE 14EWORto IE) IFI EGUINAINT CINSIRUttlm ACOUISmUN RETIRN.RNT '. CATcGORIES IA) (el SERVICES IQ SERVICES 101 GI IHI IiI IA _ 1 $ % 10 MULTI. PunposEAND S 23,094 lOp io PUBLIC SAFETY 15 OOO l00% GENERAL GOVT. : % %/0 S % % %I % ENVIPON65ENTAL PROTECTION $ EDUCATION - 717 O / % - S % % °Io - % PUBLIC TRANSPORTATION $ - 0 HEALTH a % % TANSPORTATIO P S31 2,000 ° �O1 100 � of oJfO HEALTH L. S $ % %I SOCIAL DEVELOPMENT S % % % 0/0 RECREATION S % % 15 HOUSING&O l S % % o I o /O i LIBRARIES OOMMUNI1Et,T -• ' O�o °Io %II O o SOCIAL SERVICES S �0 /O ECONOMIC I S. j FOR AGED&POOR 75 000 lOO DEVELOPMENT DEVELP `— -- 7RN00 FI IAICIAL S 17 ENVIRONMENTAL S % % o %-JI AD1JISTRATION Y T ATANNEOis + !CONSERVATION 1 P ] 600OO % %I %0".ESINCJMAIN. O TLiAiCE ExrEND•90,000 A _._.- !SF RECREATION} RE $ °/O % %� �O IN) ASSURANCES !Refer to Instruction GI,. 2B OOO '.. 100CULTURE 200TIIER(Spccrryl S. % % % 10 The news media have boon advised that a complete copy _ of this report has been published in a local newspaper of general circulation: I have recordsdocumenting the contains of this for and news media scruEiny. 21 OTHER(Specityl I I $ %%I �u L report and they ale open public I �I 22 OTHER(SPecity)i $ E �0 0, �° n /O I assure the Secretary of the .Treasury that the statutory listed In Part G of the Instructions accompanying this 12J TOTAL PLANNED%i�/� S provisions will b0 complied with by recipient government with TURES LE%PENDI Q23, O94 j/�l j����N report .this I ' I I d orted hereon -------- espect to L Io enut anions un s rep i Iowa City_Prkks Citizen_. fSiGNATURE OF CHILI Lt ECVI IVL OFFICER. DATE NAME DF NEWSPAPLR C. L. Brandt mayor September 1, -19-7-3-- ---.-- .__..O_R_S- t l32213UG,FZ ITLE—PLEASE PRINT DATE PVO-S-o JULY 1973 Resolution --73-388 RESOLUTION APPROVING PLAT WHEREAS, Southgate Development Company, Inc,, of Johnson_Couaty, Iowa, has filed with the Clerk of the City Of Iowa City, Iowa, a plat and subdivision of the premises described in Exhibit "A" attached hereto; and, WHEREAS, said property is owned. by the above-named party and dedications have been made with the free consent and in accordance with the desires of said pronrietor. WHEREAS, said plat and subdivision was examined by the Zoning and Planning Board Commission Of IOWa City, Iowa, and after due deliberation said Commission recommended that the said plat and subdivision be accepted and approved. WHEREAS, said plat and subdivision is found to conform with the provisions of Chapter 409 of the 1973 Code of Iowa and all other statutory requirements. NOW, THEREFORE, BE 11' RESOLVED by the City Council of Iowa City, Iowa, that said plat and subdivision be and they are hereby approved -and the; dedication of the streets as by law is provided and accepted. BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify copies Of this resolution to the County Recorder of Johnson County, Iowa. Ayes Brandt, Czarnecki, Hickerson - Nays PASSED this 31st day of August 1973. SIGNED this 31st day of August 1973.. SHULMAN. PHELAN TUCKER. BOYLE & MULLEN. ATTORNEYS AT. uw. iowa CITY. Iowa e„ .. vJ. T Page 2 It was moved by Hickerson and seconded by Czarnecki that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: SIGNED:- X Brandt X Connell X Czarnecki, X Iickerson _ X White Passed and signed this 31st day of August , 1973. STATE OF IOIVA ) ) ss: COUNTY OF JOHNSON ) I,`Abbic Stolfus, City Clerk _of,Iowa City, Ioira, do hereby certify that the above and foregoing is_a true and exact copy of a resolution adopted by the City Council of Iowa City, Iowa, at'a'regular-meeting -held on: the _31st clay of August , 1973) all as the same appears of record in my office. DATED at Iowa City, Iowa, this 31st day of August 1973. 164Z ."L eD � City Clerk SHULMAN. PHELAN. TUCKER.. BOYLE ex.MULLEN.-ATTORNEYS AT LAW. IOWA CITY. IOWA - - --- - - -- In T.- 79N., R.-611., Sth P.M., Sections 22 and 23 thereof; a`tract of land therein divided as shown,below'and described: as follows. Commencing at the N.IV, corner of said Section 23-79-6; thence S. 890.52' 40" E., 661.9 feet; thence S. 00 26' 20" I9. 377.2 feet to a point on the southerly right-of-way of U.S. Highway No. -6; thence northwesterly, along; said right-of-way on a 3,015.0 foot radius curve concave northerly 196.95 feet to a point which lies N. 690 39' 00" h'., 196.92 feet of the last described point; thence continuing alon- said right-of- way, N: 670 S6' 00" IV., 236.30 feet to a point of beginning; Thence continuing along said right-of-way—N.-670 S6' 00" IV:, 364.00 feet; Thence S. 220 04' 00" Y:., 350.00 feet; Thence S. 670'56' 90" E., 432.65 feet to the west line of Broadway Street; Thence N. 00 26' 20" E., 84.39 feet along said west line to - a:533.27 foot radius curve concave easterly; Thence northeasterly along said curve 201.30 feet to a point which lies N. 110 15' 10" E., 200.10 feet of the last described point-; Thence N. 220 041 00" F., 75.00 feet- along said, west line of Broadway Street to the point of beginning. Said tract contains 3.084 acres, more or.less. RESOLUTION # 73- 389. WHEREAS, the owner and proprietor, Pat Moore Construction Company, has filed with the City Clerk -plat and -subdivision of the following described premises located in Johnson County, Iowa, to- :Iit Part of Lot 7, Mount Shrader Add., Iowa City, Iowa, more fully described as follows: Beginning, at the N.id.corner of said Lot 7; Thence No. 89059'30" E., 220.00 feet along the South line of Washington Street; Thence S. 002014011 W" 250.25 feet; Thence S. 89048130" W. 220.00 feet to the East ,line of Washington Park Road; Thence No 0020740" E , 260:95 feet along said East, line of Washington Park Road to said South line of Washington'Street and the pointofbeginning. Said Parcel contains 1.32 acres, moreorless. WHEREAS, said property is owned by the above named corporation and the dedication has been made with the free consent and in accordance with the desires of the proprietor. WHEREAS, said plat and subdivision was examined by the zoning and planning Commission and recommended that said plat and subdivision be accepted and approved. WHEREAS, said plat and subdivision is found to conform -- with Chapter 409 of the Code of Iowa, and all other statutory requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of Io:•ra City, Iowa, that said plat and subdivision located on the above described property be, and the same is hereby_aoproved, and the dedications of the streets as by law provided is hereby accepted. BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to cerdfy a copy of this Resolution to the County Recorder of Johnson County, Iowa. It was moved by H;ck2rcnn and seconded by Czarnecki that the resolution as read be adopted and upon roll call there were Ayes Nays Absent Brandt X Connell Czarnecki X Hickerson X - White CX X Passed and approved this 31stday of August 1973. i Attested By: C.L.3randt, Mayor /& Abbie Stolfus, City Clerk