​CHAPTER 1

MAYOR

15.01  Term of Office                                             15.04  Compensation

15.02  Powers and Duties                                       15.05  Voting

15.03  Appointments

15.01   TERM OF OFFICE.  The Mayor is elected for a term of four (4) years.
(Code of Iowa, Sec. 376.2)

15.02   POWERS AND DUTIES.  The powers and duties of the Mayor are as follows:

           1.         Chief Executive Officer.  Act as the chief executive officer of the City and presiding officer of the Council, supervise all departments of the City, give direction to department heads concerning the functions of the departments, and have the power to examine all functions of the municipal departments, their records and to call for special reports from department heads at any time.
(Code of Iowa, Sec. 372.14[1])
          

              2.         Proclamation of Emergency.  Have authority to take command of the police and govern the City by proclamation, upon making a determination that a time of emergency or public danger exists.  Within the City limits, the Mayor has all the powers conferred upon the Sheriff to suppress disorders.
(Code of Iowa, Sec. 372.14[2])

               3.         Special  Meetings.  Call special meetings of the Council when the Mayor deems such meetings necessary to the interest of the City.
(Code of Iowa, Sec. 372.14[1])

               4.         Mayor’s Veto.  Sign, veto or take no action on an ordinance, amendment or resolution passed by the Council.  If the Mayor exercises such veto power, the Mayor shall explain the reason for such veto in a written message to the Council at the time of the veto.  The Council may override the Mayor’s veto by a two-thirds majority of the Council members.   (Code of Iowa, Sec. 380.5 & 380.6[2])

                5.         Reports to Council. Make such oral or written reports to the Council as required.  These reports shall concern municipal affairs generally, the municipal departments, and recommendations suitable for Council action.

                6.         Negotiations.  Represent the City in all negotiations properly entered into in accordance with law or ordinance.  The Mayor shall not represent the City where this duty is specifically delegated to another officer by law, ordinance, or Council direction.

                7.         Contracts.  Whenever authorized by the Council, sign contracts on behalf of the City.

                8.         Professional Services.  Upon order of the Council, secure for the City such specialized and professional services not already available to the City.  In executing the order of the Council, the Mayor shall act in accordance with the Code of Ordinances and the laws of the State.

                9.         Licenses and Permits.  Sign all licenses and permits which have been granted by the Council, except those designated by law or ordinance to be issued by another municipal officer.

              10.       Nuisances.  Issue written order for removal, at public expense, any nuisance for which no person can be found responsible and liable.

              11.       Absentee Officer.  Make appropriate provision that duties of any absentee officer be carried on during the absence.

15.03   APPOINTMENTS.  The Mayor shall appoint the following officials:  (Code of Iowa, Sec. 372.4)

1.         Mayor Pro Tem

2.         Marshal

3.         Library Board of Trustees, subject to Council approval

4.         Community Center Board, subject to Council approval

15.04   COMPENSATION.  The salary of the Mayor is seventy-five dollars ($75.00) per month, payable monthly, plus twenty dollars ($20.00) for each Council meeting attended, payable quarterly.  The Mayor may also be reimbursed for actual expenses incurred while attending to City business.
(Code of Iowa, Sec. 372.13[8])

15.05   VOTING.  The Mayor is not a member of the Council and may not vote as a member of the Council. 

(Code of Iowa, Sec. 372.4)


CHAPTER 16

MAYOR PRO TEM

16.01  Vice President of Council                            16.03  Voting Rights

16.02  Powers and Duties                                       16.04  Compensation

16.01   VICE PRESIDENT OF COUNCIL.  The Mayor Pro Tem is vice president of the Council.
(Code of Iowa, Sec. 372.14[3])


16.02   POWERS AND DUTIES.  Except for the limitations otherwise provided herein, the Mayor Pro Tem shall perform the duties of the Mayor incases of absence or inability of the Mayor to perform such duties.  In the exercise of the duties of the office the Mayor Pro Tem shall not have power to employ, or discharge from employment, officers or employees that the Mayor has the power to appoint, employ or discharge without the approval of the Council.
(Code of Iowa, Sec. 372.14[3])

16.03   VOTING RIGHTS.  The Mayor Pro Tem shall have the right to vote as a member of the Council. (Code of Iowa, Sec. 372.14[3])

16.04   COMPENSATION.  If the Mayor Pro Tem performs the duties of the Mayor during the Mayor’s absence or disability for a continuous period of fifteen (15) days or more, the Mayor Pro Tem may be paid for that period the compensation as determined by the Council, based upon the Mayor Pro Tem’s performance of the Mayor’s duties and upon the compensation of the Mayor.
(Code of Iowa, Sec. 372.13[8])


CHAPTER 17

COUNCIL

17.01  Number and Term of Council                                      17.04  Meetings

17.02  Powers and Duties                                                       17.05  Appointments

17.03  Exercise of Power                                                        17.06  Compensation

17.01   NUMBER AND TERM OF COUNCIL.  The Council consists of five (5) Council Members elected at large for overlapping terms of four (4) years.

(Code of Iowa, Sec. 372.4 & 376.2)

17.02   POWERS AND DUTIES.  The powers and duties of the Council include, but are not limited to the following:

1.         General.  All powers of the City are vested in the Council except as otherwise provided by law or ordinance. (Code of Iowa, Sec. 364.2[1])

2.         Fiscal Authority.  The Council shall apportion and appropriate all funds, and audit and allow all bills, accounts, payrolls and claims, and order payment thereof.  It shall make all assessments of the cost of street improvements, sidewalks, sewers and other work, improvement or repairs which may be specially assessed. (Code of Iowa, Sec. 364.2[1], 384.16 & 384.38[1])

3.         Public Improvements.  The Council shall make all orders for the doing of work, or the making or construction of any improvements, bridges or buildings.
(Code of Iowa, Sec. 364.2[1])

4.         Contracts.  The Council shall Make or authorize the making of all contracts.  No contract shall bind or be obligatory upon the City unless adopted by resolution of the Council. (Code of Iowa, Sec. 384.100)

5.         Employees.  The Council shall authorize, by resolution, the number, duties, term of office and compensation of employees or officers not otherwise provided for by State law or the Code of Ordinances.  (Code of Iowa, Sec. 372.13[4])

6.         Setting Compensation for Elected Officers.  By ordinance, the Council shall prescribe the compensation of the Mayor, Council members, and other elected City officers, but a change in the compensation of the Mayor does not become effective during the term in which the change is adopted, and the Council shall not adopt such an ordinance changing the compensation of any elected officer during the months of November and December in the year of a regular Cit election.  A change in the compensation of Council members becomes effective for all Council members at the beginning of the term of the Council members elected at the election next following the change in compensation. (Code of Iowa, Sec. 372.13[8])

17.03   EXERCISE OF POWER.  The Council shall exercise a power only by the passage of a motion, a resolution, an amendment, or an ordinance in the following manner: (Code of Iowa, Sec 364.3[1])

1.         Approved Action by Council.  Passage of an ordinance, amendment, or resolution requires an affirmative vote of not less than a majority of the Council members.  A motion to spend public funds in excess of ten thousand dollars ($10,000) on any one project, or a motion to accept public improvements and facilities upon their completion also requires an affirmative vote of not less than a majority of the Council members.  Each council member’s vote on an ordinance, amendment or resolution must be recorded. (Code of Iowa, Sec. 380.4)

2.         Overriding Mayor’s Veto.  Within thirty (30) days after the Mayor’s veto, the Council may repass the ordinance or resolution by a vote of not less than two-thirds of the Council members, and the ordinance or resolution becomes effective upon repassage and publication.(Code of Iowa, Sec. 380.6[2])

3.         Measures Become Effective.  Measures passed by the Council, other than motions, become effective in one of the following ways:

A.        If the Mayor signs the measure, a resolution becomes effective immediately upon signing and an ordinance or amendment becomes a law when published, unless a subsequent effective date is provided within the measure.(Code of Iowa, Sec. 380.6[1])

B.        If the Mayor vetoes a measure and the Council repasses the measure after the Mayor’s veto, a resolution becomes effective immediately upon repassage, and an ordinance or amendment becomes a law when published, unless a subsequent effective date is provided within the measure.(Code of Iowa, Sec. 380.6[2])

C.        If the Mayor takes no action on the measure a resolution becomes effective fourteen (14) days after the date of passage and an ordinance or amendment becomes law when published, but not sooner than fourteen (14) days after the day of passage, unless a subsequent effective date is provided within the measure.
(Code of Iowa, Sec. 380.6[3])


17.04   MEETINGS.  Procedures for giving notice of meetings of the Council and other provisions regarding the conduct of Council meetings are contained in Section 5.06 of this Code of Ordinances.  Additional particulars relating to Council meetings are the following:

1.         Regular Meetings.  The regular meetings of the city Council shall be on the first (1st) Monday of each month at 6:00 p.m. in the Council Chambers at City Hall.  If such day shall fall on a legal holiday, the meeting shall be held on the following day [Tuesday] at the same time unless a different day or time is determined by the Council. (Ord. 04-182 – July  09 Supp.)  ( Ord. 2014-219  - November 5, 2014)

2.         Special Meetings.  Special meetings shall be held upon call of the Mayor or upon the written request of a majority of the members of the Council submitted to the Clerk.  Notice of a special meeting shall specify the date, time, place and subject of the meeting and such notice shall be given personally or left at the usual place of residence of each member of the Council.  A record of the service of notice shall be maintained by the Clerk. (Code of Iowa, Sec. 372.13[5])


3.         Quorum.  A majority of all Council members is a quorum. (Code of Iowa, Sec. 372.13[1])

4.         Rules of Procedure.  The Council shall determine its own rules and maintain records of its proceedings. (Code of Iowa, Sec. 372.13[5])

17.05   APPOINTMENTS.  The Council shall appoint the following officials and prescribe their powers, duties, compensation and term of office:

1.         City Clerk
2.         City Attorney
3.         Fire Chief
4.         Superintendent of Public Works
5.         Health Officer

17.06   COMPENSATION.  The salary of each Council member is fifteen dollars ($15.00) for each meeting of the Council attended, payable quarterly.

(Code of Iowa, Sec. 372.13[8])


CHAPTER 18

CITY CLERK

18.01  Appointment and Compensation                                 18.07  Certify Measures

18.02  Powers and Duties:  General                                       18.08  Records

18.03  Recording and Publication of Meeting Minutes          18.09  Attendance at Meetings

18.04  Recording Measures Considered                                 18.10  Issue Licenses and Permits

18.05  Publication                                                                   18.11  Notify Appointees

18.06  Authentication                                                             18.12  Elections      

18.13 City Seal

18.01   APPOINTMENT AND COMPENSATION.  The Council shall appoint by majority vote a City Clerk to serve at the discretion of the Council, and shall establish by resolution the Clerk’s compensation. (Code of Iowa, Sec. 372.13[3])

18.02   POWERS AND DUTIES:  GENERAL.  The Clerk, or in the Clerk’s absence or inability to act, the Deputy Clerk, has the powers and duties as provided in this chapter, this Code of Ordinances and the law.

18.03   RECORDING AND PUBLICATION OF MEETING MINUTES.  The Clerk shall attend all regular and special Council meetings and within fifteen (15) days following a regular or special meeting shall cause the minutes of the proceedings thereof to be published.  Such publications shall include a list of all claims allowed and a summary of all receipts and shall show the gross amount of the claim. (Code of Iowa, Sec. 372.13[6])

18.04   RECORDING MEASURES CONSIDERED.  The Clerk shall promptly record each measure considered by the Council, with a statement where applicable, indicating whether the Mayor signed, vetoed or took no action on the measure, and whether the measure was repassed after the Mayor’s veto.
(Code of Iowa, Sec. 380.7[1])

18.05   PUBLICATION.  The Clerk shall cause to be published all ordinances, enactments, proceedings and official notices requiring publication as follows:

1.         Time.  If notice of an election, hearing, or other official action is required by the Code of Ordinances or law, the notice must be published at least once, not less than 4 (4) nor more than twenty (20) days before the date of the election, hearing or other action, unless otherwise provided by law. (Code of Iowa, Sec. 362.3[1])

2.         Manner of Publication.  A publication required by this Code of Ordinances or law must be in a newspaper published at least once weekly and having general circulation in the City. (Code of Iowa, Sec. 362.3[2])


18.06   AUTHENTICATION.  The Clerk shall authenticate all such measures except motions with the Clerk’s signature, certifying the time and manner of publication when required. (Code of Iowa, Sec. 380.7[3])

18.07   CERTIFY MEASURES.  The Clerk shall certify all measures establishing any zoning district, building lines, or fire limits and a plat showing the district, lines, or limits to the recorder of the County containing the affected parts of the City. (Code of Iowa, Sec. 380.11)

18.08   RECORDS.  The Clerk shall maintain the specified City records in the following manner:

1.         Ordinances and Codes.  Maintain copies of all effective City ordinances and codes for public use. (Code of Iowa, Sec. 380.7[4])

2.         Custody.  Have custody and be responsible for the safekeeping of all writings or documents in which the City is a party in interest unless otherwise specifically directed by law or ordinance. (Code of Iowa, Sec. 372.13[4])

3.         Maintenance.  Maintain all City records and documents, or accurate reproductions, for at least five (5) years except that ordinances, resolutions, Council proceedings, records and documents, or accurate reproductions, relating to the issuance, cancellation, transfer, redemption or replacement of public bonds or obligations shall be kept for at least eleven (11) years following the final maturity or the bonds or obligations.  Ordinances, resolutions, Council proceedings, records and documents, or accurate reproductions, relating to real property transactions shall be maintained permanently. (Code of Iowa, Sec 372.13[3 & 5])

4.         Provide Copy.  Furnish upon request to any municipal officer a copy of any record, paper or public document under the Clerk’s control when it may be necessary to such officer in the discharge of such officer’s duty; furnish a copy to any citizen when requested upon payment of the fee set by Council resolution; under the direction of the Mayor or other authorized officer, affix the seal of the City to those public documents or instruments which by ordinance and Code of Ordinances are required to be attested by the affixing of the seal. (Code of Iowa, Sec 372.12 [4 & 5] and 380.7[4])

5.         Filing of Communications.  Keep and file all communications and petitions directed to the Council or to the City generally.  The Clerk shall endorse thereon the action of the Council taken upon matters considered in such communications and petitions. (Code of Iowa, Sec. 372.13[4])


18.09   ATTENDANCE AT MEETINGS.  At the direction of the Council, the Clerk shall attend meetings of committees, boards and commissions.  The Clerk shall record and preserve a correct record of the proceedings of such meetings. (Code of Iowa, Sec. 372.13[4])

18.10   ISSUE LICENSES AND PERMITS.  The Clerk shall issue or revoke licenses and permits when authorized by this Code of Ordinances, and keep a record of licenses and permits issued which shall show date of issuance, license or permit number, official receipt number, name of person to whom issued, term of license or permit and purpose for which issued. (Code of Iowa, Sec. 372.13[4])

18.11   NOTIFY APPOINTEES.  The Clerk shall inform all persons appointed by the Mayor or Council to offices in the City government of their position and the time at which they shall assume the duties of their office. (Code of Iowa, Sec. 372.13[4])

18.12   ELECTIONS.  The Clerk shall perform the following duties relating to elections and nominations:

1.         In the event of a change in the method of nomination process used by the City, certify to the Commissioner of Elections the type of nomination process to be used by the City no later than seventy-seven (77) days before the date of the regular City election. (Code of Iowa, Sec. 376.6)

2.         Accept the nomination petition of a candidate for a City office for filing if on its face it appears to have the requisite number of signatures and is timely filed.
(Code of Iowa, Sec. 376.4)

3.         Designate other employees or officials of the City who are ordinarily available to accept nomination papers if the Clerk is not readily available during normal working hours. (Code of Iowa, Sec. 376.4)

4.         Note upon each petition and affidavit accepted for filing the date and time that the petition was filed. (Code of Iowa, Sec. 376.4)


5.         Deliver all nomination petitions, together with the text of any public measure being submitted by the Council to the electorate, to the County Commissioner of Elections not later than five o’clock (5:00) p.m. on the day following the last day on which nomination petitions can be filed. (Code of Iowa, Sec. 376.4)

18.13   CITY SEAL.  The City seal is in the custody of the Clerk and shall be attached by the Clerk to all transcripts, orders and certificates which it may be necessary or proper to authenticate.  The City seal is circular in form, in the center of which are the words “SEAL” and around the margin the words “CITY OF SEYMOUR, WAYNE COUNTY, IOWA.”


CHAPTER 19

CITY TREASURER

19.01             Appointment                                                                         19.03  Duties of Treasurer

19.02             Compensation

19.01   APPOINTMENT.  The City Clerk is the Treasurer and performs all functions required of the position of Treasurer.

19.02   COMPENSATION.  The Clerk receives no additional compensation for performing the duties of the Treasurer.

19.03   DUTIES OF TREASURER.  The duties of the Treasurer are as follows:

1.         Custody of Funds.  Be responsible for the safe custody of all funds of the City in the manner provided by law, and Council direction.

2.         Record of Fund.  Keep the record of each fund separate.

3.         Record Receipts.  Keep an accurate record of all money or securities received by the Treasurer on behalf of the City and specify the date, from whom, and for what purpose received.

4.         Record Disbursements.  Keep an accurate account of all disbursements, money or property, specifying date, to whom, and from what fund paid.

5.         Special Assessments.  Keep a separate account of all money received by the Treasurer from special assessments.

6.         Deposit Funds.  Upon receipt of moneys to be held in the Treasurer’s custody and belonging to the City, deposit the same in depositories selected by the Council.

7.         Reconciliation.  Reconcile depository statements with the Treasurer’s books and certify monthly to the Council the balance of cash and investments of each fund and amounts received and disbursed.

8.         Debt Service.  Keep a register of all bonds outstanding and record all payments of interest and principal.

9.         Other Duties.  Perform such other duties as specified by the Council by resolution or ordinance.


CHAPTER 20

CITY ATTORNEY

20.01  Appointment and Compensation                                 20.05  Review and Comment

20.02  Attorney for City of Seymour                                     20.06  Provide Legal Opinion

20.03  Power of Attorney                                                       20.07  Attendance at Council Meetings

20.04  Ordinance Preparation                                                20.08  Prepare Documents

20.01   APPOINTMENT AND COMPENSATION.  The Council shall appoint by majority vote a City Attorney to serve at the discretion of the Council and shall establish by resolution the City Attorney’s compensation. (Code of Iowa, Sec. 372.13[4])

20.02   ATTORNEY FOR CITY.  The City Attorney shall act as attorney for the City in all matters affecting the City’s interest and appear on behalf of the City before any court, tribunal, commission or board.  The City Attorney shall prosecute or defend all actions and proceedings when so requested by the Mayor or Council.
(Code of Iowa, Sec 372.13[4])


20.03   POWER OF ATTORNEY.  The City Attorney shall sign the name of the City to all appeal bonds and to all other bonds or papers of any kind that may be essential to the prosecution of any cause in court, and when so signed the City shall be bound upon the same. (Code of Iowa, Sec. 372.13[4])

20.04   ORDINANCE PREPARATION.  The City Attorney shall prepare those ordinances which the Council may desire and direct to be prepared and report to the Council upon all such ordinances before their final passage by the Council and publication. (Code of Iowa, Sec. 372.12[4])

20.05   REVIEW AND COMMENT.  The City Attorney shall, upon request, make a report to the Council and interested department heads, giving an opinion on all contracts, documents, resolutions, or ordinances submitted to or coming under the City Attorney’s notice. (Code of Iowa, Sec. 372.13[4])

20.06   PROVIDE LEGAL OPINION.  The City Attorney shall give advice or a written legal opinion on City contracts or all questions of law relating to City matters, submitted by the Mayor, Council or City Clerk. (Code of Iowa, Sec. 372.13[4])

 20.07   ATTENDANCE AT COUNCIL MEETINGS.  The City Attorney shall attend meetings of the Council at the request of the Mayor or Council.
(Code of Iowa, Sec 372.13[4])


20.08   PREPARE DOCUMENTS.  The City Attorney shall, upon request, formulate drafts for contracts, forms and other writings which may be required for the use of the City. (Code of Iowa, Sec. 372.13[4])


CHAPTER 21

LIBRARY BOARD OF TRUSTEES

21.01  Public Library                                                             21.07 Nonresident Use

21.02  Library Trustees                                                          21.08  Expenditures

21.03  Qualifications of Trustees                                            21.09  Annual Report

21.04  Organization of the Board                                          21.10  Injury to Books or Property

21.05  Powers and Duties                                                       21.11  Theft

21.06  Contracting with Other Libraries                                   21.12  Notice Posted

21.01   PUBLIC LIBRARY.  The public library for the City is known as the Seymour Public Library.  It is referred to in this chapter as the Library.

21.02   LIBRARY TRUSTEES.  The Board of Trustees of the Library, hereinafter referred to as the Board, consists of four (4) resident members and three (3) nonresident members.  All members are to be appointed by the Mayor with the approval of the Council.

21.03   QUALIFICATIONS OF TRUSTEES.  All resident members of the Board shall be bona fide citizens and residents of the City.  The nonresident members of the Board shall be bona fide citizens and residents of the unincorporated County.   Members shall be over the age of eighteen (18) years.

21.04   ORGANIZATION OF THE BOARD.  The organization of the Board shall be as follows:


1.         Term of Office.  All appointments to the Board shall be for six (6) years, except to fill vacancies.  Each term shall commence on July first.  Appointments shall be made every two (2) years of one-third (1/3) the total number or as near as possible, to stagger terms.

2.         Vacancies.  The position of any resident Trustee shall be vacated if such member moves permanently from the City.  The position of a nonresident Trustee shall be vacated if such member moves permanently from the County or into the City.  The position of any Trustee shall be deemed vacated if such member is absent from six (6) consecutive regular meetings of the Board, except in the case of sickness or temporary absence from the City or County. Vacancies in the Board shall be filled in the same manner as an original appointment except that the new Trustee shall fill out the unexpired term for which the appointment is made.

3.         Compensation.  Trustees shall receive no compensation for their services.

21.05   POWERS AND DUTIES.  The Board shall have and exercise the following powers and duties:

1.         Officers.  To meet and elect from its members a President, a Secretary, and such other officers as it deems necessary.

2.         Physical Plant.  To have charge, control and supervision of the Library, its appurtenances, fixtures and rooms containing the same.

3.         Charge of Affairs.  To direct and control all affairs of the Library.

4.         Hiring of Personnel.  To employ a librarian, and authorize the librarian to employ such assistants and employees as may be necessary for the proper management of the Library, and fix their compensation; provided, however, that prior to such employment, the compensation of the librarian, assistants and employees shall have been fixed and approved by a majority of the members of the Board voting in favor thereof.

5.         Removal of Personnel.  To remove the librarian, by a two-thirds (2/3) vote of the Board, and provide procedures for the removal of the assistants or employees for misdemeanor, incompetency or inattention to duty, subject however, to the provisions of Chapter 35C of the Code of Iowa. 

6.         Purchases.  To select, or authorize the librarian to select, and make purchases of books, pamphlets, magazines, periodicals, papers, maps, journals, other Library materials, furniture, fixtures, stationery and supplies for the Library within budgetary limits set by the Board.

7.         Use by Nonresidents.  To authorize the use of the Library by nonresidents and to fix charges therefore unless a contract for free service exists.

8.         Rules and Regulations.  To make and adopt, amend, modify or repeal rules and regulations, not inconsistent with this Code of Ordinances and the law, for the care, use, government and management of the Library and the business of the Board, fixing and enforcing penalties for violations.

9.         Expenditures.  To have exclusive control of the expenditure of all funds allocated for Library purposes by the Council, and of all moneys available by gift or otherwise for the erection of Library buildings, and of all other moneys belonging to the Library including fines and rentals collected under the rules of the Board.

10.       Gifts.  To accept gifts of real property, personal property, or mixed property, and devises and bequests, including trust funds; to take the title to said property in the name of the Library; to execute deeds and bills of sale for the conveyance of said property; and to expend the funds received by them from such gifts, for the improvement of the Library.

11.       Enforce the Performance of Conditions on Gifts.  To enforce the performance of conditions of gifts, donations, devises and bequests accepted by the City on behalf of the Library (Code of Iowa, Ch. 661)

12.       Record of Proceedings.  To keep a record of its proceedings.

13.       County Historical Association.  To have authority to make agreements with the local County historical association where such exists, and to set apart the necessary room and to care for such articles as may come into the possession of the association.  The Trustees are further authorized to purchase necessary receptacles and materials for the preservation and protection of such articles as are in their judgment of a historical and educational nature and pay for the same out of funds allocated for Library purposes.

21.06   CONTRACTING WITH OTHER LIBRARIES.  The Board has power to contract with other libraries in accordance with the following:

1.         Contracting.  The Board may contract with any other boards of trustees of free public libraries, with any other city, school corporation, private or semiprivate organization, institution of higher learning, township, or County, or with the trustees of any County library district for the use of the Library by their respective residents.  (Code of Iowa, Sec. 392.4 & Ch. 28E)

2.         Termination.  Such a contract may be terminated at any time by mutual consent of the contracting parties.  It also may be terminated by a majority vote of the electors represented by either of the contracting parties.  Such a termination proposition shall be submitted to the electors by the governing body of a contacting party on a written petition of not less than five (5) percent in number of the electors who voted for governor  in the territory of the contracting party at the last general election.  The petition must be presented to the governing body not less than forty (40) days before the election.  The proposition may be submitted at any election provided by law that is held in the territory of the party seeking to terminate the contract.

21.07   NONRESIDENT USE.  The Board may authorize the use of the Library by persons not residents of the City of County in any one or more of the following ways:

1.         Lending.  By lending the books or other materials of the Library to nonresidents on the same terms and conditions as to residents of the City, or County, or upon payment of a special nonresident Library fee.

2.         Depository.  By establishing depositories of Library books or other materials to be loaned to nonresidents.

3.         Bookmobiles.  By establishing bookmobiles or a traveling library so that books or other Library materials may be loaned to nonresidents.

4.         Branch Library.  By establishing branch libraries for lending books or other Library materials to nonresidents.

21.08   EXPENDITURES.  All money appropriated by the Council for the operation and maintenance of the Library shall be set aside in an account for the Library.  Expenditures shall be paid for only on orders of the Board, signed by its President and Secretary.  The Clerk shall issue and sign all checks for the Board.
(Code of Iowa, Sec. 384.20 & 392.5)

21.09   ANNUAL REPORT.  The Board shall make a report to the Council immediately after the close of the fiscal year.  This report shall contain statements as to the condition of the Library, the number of books added, the number circulated, the amount of fines collected and the amount of money expended in the maintenance of the Library during the year, together with such further information as may be required by the Council.

21.10   INJURY TO BOOKS OR PROPERTY.  It is unlawful for a person willfully, maliciously or wantonly to tear, deface, mutilate, injure or destroy, in whole or in part, any newspaper, periodical, book, map, pamphlet, chart, picture or other property belonging to the Library or reading room. (Code of Iowa, Sec. 716.1)

21.11   THEFT.  No person shall take possession or control of property of the Library with the intent to deprive the Library thereof. (Code of Iowa, Sec. 714.1)

21.12   NOTICE POSTED.  There shall be posted in clear public view within the Library notices informing the public of the following:

1.         Failure to Return.  Failure to return Library materials for two (2) months or more after the date the person agreed to return the Library materials, or failure to return Library equipment for one (1) month or more after the date the person agreed to return the Library equipment, is evidence of intent to deprive the owner, provided a reasonable attempt, including the mailing by restricted certified mail of notice that such material or equipment is overdue and criminal actions will be taken, has been made to reclaim the materials or equipment. (Code of Iowa, Sec. 714.5)

2.         Detention and Search.  Persons concealing Library materials may be detained and searched pursuant to law. (Code of Iowa, Sec. 808.12)


CHAPTER 22

COMMUNITY CENTER BOARD


22.01  Board Created                                                             22.04 Reports

22.02  Organization                                                                22.05  Rules

22.03  Powers and Duties                                                       22.06  Penalties

22.01   BOARD CREATED.  A Community Center board is hereby created to plan and oversee the planning and operation of the Community Center.  The Board shall also plan and oversee scheduling of events and programs to be held in the Community Center.

22.02   ORGANIZATION.  The Board shall consist of twelve (12) members appointed by the Mayor, subject to Council approval, for staggered six-year terms.  Terms of office shall commence January 1 of the year of appointment.  Vacancies in the Board shall be filled in the same manner as the original appointment for the balance of the term.  Members shall serve without compensation but may receive reimbursement for expenses incurred, subject to Council approval.  Members must be residents of the community during their term of office.

22.03   POWERS AND DUTIES.  The Board has and exercises the following powers and duties:

1.         Officers.  To meet and elect from its members a President, a Secretary, a Treasurer and such other officers as it deems necessary.

2.         Physical Plant.  To have charge, control and supervision of the Community Center, its appurtenances, fixtures and rooms.

3.         Charge of Affairs.  To direct and control all affairs of the Community Center.

22.04   REPORTS.  The Board shall make written reports to the Council of its activities from time to time as it deems advisable or upon Council request.

22.05   RULES.  The Board shall have power to make rules and regulations for the use of the Community Center, subject to the approval of such rules by the Council.  Such rules shall be either posted inside the Community Center or publicized in a manner to provide adequate notice to the public.

22.06   PENALTIES.  Violation of a Board rule which has been approved by the Council and either posted or publicized may be cause for denial of use of the Center or participation in a program, but such denial which extends more than one day may be appealed to the Board or to the Council for a hearing.


CHAPTER 23

SEYMOUR INDUSTRIAL DEVELOPMENT COMMITTEE

REPEALED – MARCH 18, 2015   ORDINANCE 2015-221

   23.01  Committee Created                                                  23.04  Financial Custodian

   23.02  Organization                                                            23.04  Reports          

   23.03  Powers and Duties                                                                      

             23.01  COMMITTEE CREATED.  A Seymour Industrial Development Committee is hereby created to plan and oversee the operation of Seymour Industrial Development. 

             23.02  ORGANIZATION.  The Committee shall consist of five (5) members appointed by the Mayor, subject to Council approval, for staggered five-year terms.  Following the initial appointments, terms of office shall commence January 1 of the year of appointment.  Vacancies in the Committee shall be filled in the same manner as the original appointment for the balance of the term.  Members shall serve without compensation but may receive reimbursement for expenses incurred, subject to Council approval.  Members must be residents of the community or have significant ties in the community during their term of office.

             23.03 POWERS AND DUTIES.  The Committee has and exercises the following powers and duties:

1.         Officers.  To meet and elect from its members a President, a Secretary and such other officers as it deems necessary.

2.         Charge of Affairs.  To direct and control all affairs of the Seymour Industrial Development Committee.

3.         The Committee shall have power to establish policy and guidelines for approving loan applications, monitoring receipts of payments and to seek capital for reinvestment in the community. 


23.04  FINANCIAL CUSTODIAN.  The Seymour City Clerk shall make all deposits and disbursements of funds for the Seymour Industrial Development Committee and shall be responsible to provide accurate records for review of the Committee upon request.  Funds will be distributed upon written request by the Committee  Secretary and will be included in the monthly and annual City reports as required by law.

23.05  REPORTS.  The Committee shall make written reports to the Council of its activities quarterly or upon Council request.