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HomeMy WebLinkAboutCity Charter - February 2025Page 1 IOWA CITY CHARTER 1 Preamble Definitions Article I. Powers of the City § 1.01. Powers of the City. § 1.02. Construction. § 1.03. Savings Clause. Article II. City Council § 2.01. Composition. § 2.02. Division into Council Districts. § 2.03. Eligibility. § 2.04. Terms. § 2.05. Compensation. § 2.06. Mayor. § 2.07. General Powers and Duties. § 2.08. Appointments. § 2.09. Rules; Records. § 2.10. Vacancies. § 2.11. Council Action. § 2.12. Prohibitions. Article III. Nomination, Primary Election and Regular Election § 3.01. Nomination. § 3.02. Primary Election. § 3.03. Regular City Election. Article IV. City Manager § 4.01. Appointment; Qualifications. § 4.02. Accountability; Removal. § 4.03. Absence; Disability of City Manager. Page 2 § 4.04. Duties of City Manager. § 4.05. Ineligibility; Prohibited Acts. Article V. Boards, Commissions and Committees § 5.01. Establishment. § 5.02. Appointment; Removal. § 5.03. Rules. Article VI. Campaign Contributions and Expenditures § 6.01. Limitations on the Amount of Campaign Contributions. § 6.02. Disclosure of Contributions and Expenditures. § 6.03. Definition. § 6.04. Violations. Article VII. Initiative and Referendum § 7.01. General Provisions. § 7.02. Commencement of Proceedings, Affidavit. § 7.03. Petitions; Revocation of Signatures. § 7.04. Procedure after Filing. § 7.05. Action on Petitions. § 7.06. Results of Election. § 7.07. Prohibition on Establishment of Stricter Conditions or Requirements. Article VIII. Charter Amendments and Review § 8.01. Charter Amendments. § 8.02. Charter Review Commission. Notes 1 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. Page 3 PREAMBLE We, the people of Iowa City, Iowa, pursuant to the constitution and statutes of the State of Iowa and the principle of self-determination, proclaim that the government of Iowa City belongs to all its residents and all share the responsibility for it. We hereby adopt this Charter and confer upon it the full home rule powers of a charter city in order to provide for an honest and accountable council-manager government. By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong leadership, public engagement, diversity and inclusiveness, regional cooperation, and stewardship of our unique environment. Furthermore, adoption of this Charter recognizes the following principles: 1. Resident participation on an equitable and inclusive basis as part of the process of democratic self-government. a. Each individual shall have an opportunity to participate in the life of the City, including economic, cultural and intellectual. b. Discrimination prohibited by Title 2 of the City Code shall not be tolerated. 2. The provision of service relating to the health, safety, and welfare of its residents in a fair, equitable and efficient manner. 3. The conduct of City business in conformity with the principles and practices of due process, equal protection under the laws, and protection of individual liberties granted by the Constitution of the United States, by the State of Iowa, and by local ordinances. 4. Civility and responsiveness by City employees in their interactions with the public. (Ord. 15-4621, 5-19-2015; amd. Ord. 25-4947, 2-18-2025) 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. "Council member" 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. Page 4 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" 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. 76-2792, 1-2-1976; amd. Ord. 85-3227, 3-12-1985; Ord. 05- 4152, 3-1-2005) ARTICLE I. POWERS OF THE CITY Section 1.01. Powers of the City. The City shall have all powers possible under the constitution and laws of this state. (Ord. 76-2792, 1-2-1976; amd. Ord. 25-4947, 2-18-2025) 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. (Ord. 76-2792, 1-2-1976) 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. (Ord. 76-2792, 1-2-1976) ARTICLE II. CITY COUNCIL Section 2.01. Composition. The City Council consists of seven members. As provided in Article III, four, to be known as Council members at-large, are to be nominated by eligible electors of the City at-large, and three, to be known as district Council members, are to be nominated by eligible electors of their respective districts. The purpose of district divisions is to ensure City-wide geographic representation on the Council. All Council members shall be elected by the qualified electors of the City at-large. (Ord. 85-3273, 12-17-1985; amd. Ord. 25-4947, 2-18- 2025) Page 5 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. (Ord. 76-2792, 1-2-1976) 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. 05-4152, 3-1-2005) Section 2.04. Terms. At the first election under this Charter, all seven Council members are to be elected; the Council member from Council District A, Council District C, and the two Council members at-large who receive the greatest number of votes cast for Council member at-large are to serve for terms of four years, and other Council members are to serve for terms of two years. Commencing at the next regular City election, and at all subsequent regular City elections, all Council members elected to fill the positions of those whose terms expire shall be elected for terms of four years. (Ord. 76-2792, 1-2-1976) 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. 05-4152, 3-1- 2005) 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. (Ord. 85-3227, 3-12-1985) 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 may add items to the City Council agenda. The Mayor shall present to the City no later than February 28 an annual State of the City message. (Ord. 15-4621, 5-19-2015) C. The Mayor Pro Tem shall act as Mayor during the absence of the Mayor. (Ord. 85- 3227, 3-12-1985) 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. 85-3227, 3-12-1985) Section 2.08. Appointments. A. The Council shall appoint the City Manager. Page 6 B. The Council shall appoint the City Clerk. (Ord. 85-3227, 3-12-1985) C. The Council shall appoint the City Attorney. (Ord. 95-3671, 3-28-1995) D. The City Manager shall appoint the Chief of the Police Department and the Chief of the Fire Department, subject to approval of the Council. (Ord. 25-4947, 2-18-2025) E. The Council shall appoint all members of the City's boards, except as otherwise provided by state law. (Ord. 85-3227, 3-12-1985) F. 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 must be made according to job-related criteria and be consistent with nondiscriminatory and equal employment opportunity standards established pursuant to law. (Ord. 95-3671, 3-28-1995; amd. Ord. 25-4947, 2-18-2025) Section 2.09. Rules; Records. The Council may determine its own rules and shall maintain records of its proceedings consistent with state law. (Ord. 76-2792, 1-2-1976) Section 2.10. Vacancies. The Council shall fill a vacancy occurring in an elective City office as provided by state law. (Ord. 76-2792, 1-2-1976) 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. (Ord. 05-4152, 3-1- 2005) Section 2.12. Prohibitions. A. A Council member 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. (Ord. 76-2792, 1-2-1976) B. With the exception of powers provided in Section 2.08, a Council member may not dictate, in any manner, the appointment or removal of any City employee. However, the Council may express its views pertaining to the appointment or removal of such employee to the Council appointee under whom the employee works. (City Manager, City Attorney, City Clerk). (Ord. 05-4152, 3-1-2005; amd. Ord. 25-4947, 2-18-2025) C. A Council member may not interfere with the supervision or direction of any City employee other than the City Manager, City Attorney, or City Clerk. (Ord. 76-2792, 1-2- 1976; amd. Ord. 25-4947, 2-18-2025) Page 7 ARTICLE III. NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION 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 Johnson County Commissioner of Elections a valid petition requesting that their name be placed on the ballot for that office. Unless otherwise provided by state law, the petition must be filed not more than eighty-five (85) days nor fewer than sixty-eight (68) days before the date of the election. Unless otherwise provided by state law, the petition 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 fewer 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 Johnson County Commissioner of Elections a petition requesting that the candidate's name be placed on the ballot for that office. Unless otherwise provided by state law, the petition must be filed not more than eighty-five (85) days nor fewer than sixty- eight (68) days before the date of the election. Unless otherwise provided by state law, the petition 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 fewer than ten (10) persons. (Ord. 15-4621, 5-19-2015; amd. Ord. 25-4947, 2-18-2025) 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. (Ord. 05-4152, 3-1-2005) 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. 85-3227, 3-12-1985) 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. 85-3227, 3- 12-1985) Page 8 ARTICLE IV. CITY MANAGER 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 their tenure the City Manager shall reside within the City. (Ord. 76-2792, 1-2-1976; amd. Ord. 25-4947, 2-18- 2025) Section 4.02. Accountability; Removal. A. The City Manager is under the direction and supervision of the Council and holds office at its pleasure. A City Manager removed by the Council is entitled to receive termination pay as provided by contract. (Ord. 15-4621, 5-19-2015) 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. (Ord. 76-2792, 1-2-1976) Section 4.03. Absence; Disability of City Manager. The City Manager may designate a qualified City employee as acting City Manager to perform their 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 they return. (Ord. 76-2792, 1-2-1976; amd. Ord. 25-4947, 2-18-2025) Section 4.04. Duties of City Manager. A. The City Manager shall be chief administrative officer of the City and shall: 1. Ensure 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 this Code or this Charter. Page 9 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 annual 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 duties as the Council may direct. (Ord. 05-4152, 3-1-2005; amd. Ord. 25-4947, 2-18-2025) 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. 85- 3227, 3-12-1985) 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 Council members. 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. (Ord. 76-2792, 1- 2-1976) Page 10 ARTICLE V. BOARDS, COMMISSIONS AND COMMITTEES Section 5.01. Establishment. A. With the exception of the Community Police Review Board, the Council may establish boards in addition to those required by state law and shall specify the title, duties, length of term, qualifications of members and other appropriate matters. The Council shall consider the available demographics of board and commission members and applicants in making appointments in an effort to make appointments reflective of the community. 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. (Ord. 25- 4947, 2-18-2025) B. There shall be a permanent Community Police Review Board, which shall have vested in it the following minimum powers: 1. To hold at least one community forum each year for the purpose of hearing views on the policies, practices, and procedures of the Iowa City Police Department; and 2. To make recommendations regarding such policies, practices, and procedures to the City Council; and 3. To investigate claims of misconduct by sworn police officers and to issue independent reports of its findings to the City Council; and 4. The authority to subpoena witnesses. (Ord. 15-4621, 5-19-2015) 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 residents. Council procedures for the removal of members shall be consistent with state law. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-19-2015) 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 and open records. (Ord. 05-4152, 3-1-2005) 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. (Ord. 76-2792, 1-2-1976) Page 11 ARTICLE VI. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 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. 95-3671, 3-28-1995) 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. 05-4152, 3-1-2005) Section 6.03. Definition. Within this article "contribution" shall be defined as that term is defined in chapter 68A ("campaign finance") of the Code of Iowa. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5- 19-2015) 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. 05-4152, 3-1-2005) ARTICLE VII. INITIATIVE AND REFERENDUM Section 7.01. General Provisions. A. Authority. 1. Initiative. The eligible electors have the right to propose measures to 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 eligible 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. Definition. 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, 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. Page 12 B. Limitations. 1. 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, including, but not limited to, personnel decisions. 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. j. 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. (Ord. 25-4947, 2-18- 2025) C. Construction. 1. Scope of Power. It is intended that this article confer broad initiative and referendum powers upon the eligible electors of the City. Page 13 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 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 a measure vote to repeal 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. 15-4621, 5-19- 2015) 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. 05-4152, 3-1-2005) Section 7.03. Petitions; Revocation of Signatures. A. Number of Signatures. Initiative and referendum petitions must be signed by eligible electors equal in number to at least ten percent (10%) of the number of persons who voted in the last regular City election, but such signatures of eligible electors shall be no fewer than ten. (Res. 16-258, 8-29-2016)[November 2016 Special Election] 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. Petitions prepared for circulation must contain or have attached thereto throughout their circulation the full 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. Page 14 C. Affidavit of Circulator. Each paper of a petition containing signatures must have attached to it when filed an affidavit executed by an eligible elector certifying: the number of signatures on the paper, that the elector personally circulated it, that all signatures were affixed in the elector’s presence, that the elector 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 measure proposed or sought to be reconsidered. Any person filing a false affidavit will be liable to criminal penalties as provided by state law. (Ord. 25-4947, 2-18-2025) 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 their signature for any reason by filing with the City Clerk a statement of their intent to revoke their signature. After a petition is filed a signatory may not revoke their signature. The City Clerk shall cause to be prepared and have available to the public, forms suitable for the revocation of petition signatures. (Ord. 15-4621, 5-19- 2015; amd. Ord. 25-4947, 2-18-2025) Section 7.04. Procedure after Filing. A. Validity of a Petition. A petition is valid if it contains the minimum required signatures by eligible electors in the required form and with the required content and accompanied by the affidavit of circulator as set forth in Section 7.03. The petition shall be examined by the City Clerk before it is accepted for filing. If the petition appears valid on its face it shall be accepted for filing. If it lacks the required number of signatures it shall be considered invalid and returned to the petitioners. Petitions which have been accepted for filing are valid unless written objections are filed with the City Clerk within five working days after the petition is received. B. Hearing on Objections; Objections Committee. Written objections timely filed with the City Clerk shall be considered by an objections committee made up of the Mayor and City Clerk and one member of the Council chosen by the Council by ballot, and a majority decision shall be final. The hearing on the objections shall be held within ten days of receipt of the objections. C. Court Review. To the extent allowed by law, court review of the Objections Committee's actions shall be by writ of certiorari. (Ord. 15-4621, 5-19-2015) Page 15 Section 7.05. Action on Petitions. A. Action by Council. When an initiative or referendum petition has been determined valid, 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 valid, 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. If required by this section, the vote of the City on a proposed measure shall be held at the first legally permissible election date 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 fewer than 80 days prior to the deadline imposed by state law for the submission of ballot questions to the Commissioner of Elections. 2. Referendum. If required by this section, the vote of the City on a referred measure shall be held at the first legally permissible election date 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 fewer than 50 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. 15-4621, 5-19- 2015; amd. Ord. 25-4947, 2-18-2025) 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 7.01B(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. Page 16 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. (Ord. 15-4621, 5-19-2015) Section 7.07. Prohibition on Establishment of Stricter Conditions or Requirements. The Council shall not set, except by Charter amendment, conditions or requirements affecting initiative and referendum. (Ord. 15-4621, 5-19-2015) ARTICLE VIII. CHARTER AMENDMENTS AND REVIEW 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 the first legally permissible election date consistent with Section 7.05(B) of this Charter, and the proposed amendment becomes effective when approved by a majority of those voting. (Ord. 25-4947, 2-18-2025) B. The Council, by ordinance, may amend the Charter. However, within thirty (30) days of publication of the ordinance, if a petition 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 the first legally permissible election date consistent with Section 7.05(B) of this Charter, and the amendment does not become effective until approved by a majority of those voting. (Ord. 25-4947, 2-18-2025) C. Petitions. 1. Action by Council. If a petition 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 shall promptly consider the proposed amendment. If the Council fails to adopt a proposed amendment which is similar in substance within sixty days, it shall submit the proposed amendment to the qualified electors of the City as hereinafter prescribed. If at any time more than thirty days before the scheduled election the Council adopts a proposed amendment which is similar in substance, the amendment proceedings shall terminate and the proposed amendment shall not be submitted to the voters. 2. Amendment. If required by this section, the vote of the City on the proposed amendment shall be held at the first legally permissible election date consistent with Section 8.01(C)(1) of this Charter, and the amendment becomes effective if approved by a majority of those voting. (Ord. 05-4152, 3-1-2005) 3. Ballot. Copies of the proposed amendment 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 proposed amendment shall be indicated on the ballot. (Ord. 25-4947, 2-18-2025) Page 17 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 8.01B 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. 05-4152, 3-1-2005) 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 76-2792, on January 2, 1976. The following table shows the disposition of amendments to the Charter: Ordinance Number Date Disposition 77-2826 3-15-1977 6.01 77-2858 9-6-1977 7.05B 77-2864 9-6-1977 3.01 85-3227 3-12-1985 Definitions 7,8, 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 3-12-1985 6.02 85-3273 12-17-1985 2.01 90-3462 6-26-1990 7.03A, 7.04A 95-3671 3-28-1995 2.06B, 2.08C,E, 3.01A, 6.01, 7.04D 05-4152 3-1-2005 Definitions 11,12, 2.03, 2.05, 2.11, 2.12B, 3.01A, 3.02A, 4.04A, 5.02, 5.03A, 6.02, 6.03, 6.04, 7.01, 7.02, 7.03B,C,E, 7.04A,B,C, 7.05, 7.06, 8.01, 8.02 Res. 07-262 8-31-2007 5.01 15-4621 5-19-2015 Preamble, 2.06B, 3.01, 4.02A, 5.01, 5.02, 6.03, 7.01, 7.03, 7.04, 7.05, 7.06, 7.07 Petition 11-2016 7.03A 25-4947 02-18-2025 Preamble, 1.01, 2.01, 2.08D,F, 2.12B,C, 3.01, 4.01, 4.03, 4.04A, 5.01A, 7.01B, 7.03C,F, 7.05B, 8.01A,B,C. In addition, the capitalization of several words and titles was amended throughout the Charter.