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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 two 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 interests 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.  The Mayor may veto an ordinance, amendment or resolution within fourteen days after passage.  The Mayor shall explain the reasons for the veto in a written message to the Council at the time of the veto.

(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 such absence.  

15.03    APPOINTMENTS.  The Mayor shall appoint the following officials:

(Code of Iowa, Sec. 372.4)

1.                  Mayor Pro Tem

15.04    COMPENSATION.  The salary of the Mayor is fifty dollars ($50.00) per meeting.

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

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

(Code of Iowa, Sec. 372.4)



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 in cases 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 appoint, 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])




° ° ° ° ° ° ° ° ° °



17.01  Number and Term of Council

17.04  Council 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 Council Members elected at large for overlapping terms of four 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 for 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 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 City 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.         Action by Council.  Passage of an ordinance, amendment or resolution requires a majority vote of all of the members of the Council.  Passage of a motion requires a majority vote of a quorum of the Council.  A resolution must be passed to spend public funds in excess of twenty-five thousand dollars ($25,000.00) on any one project, or to accept public improvements and facilities upon their completion.  Each Council member’s vote on a measure must be recorded.  A measure which fails to receive sufficient votes for passage shall be considered defeated.

(Code of Iowa, Sec. 380.4)

2.         Overriding Mayor’s Veto.  Within thirty (30) days after the Mayor’s veto, the Council may pass the measure again by a vote of not less than two-thirds of all of the members of the Council.

(Code of Iowa, Sec. 380.6[2])

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

A.        An ordinance or amendment signed by the Mayor becomes effective when the ordinance or a summary of the ordinance is published, unless a subsequent effective date is provided within the ordinance or amendment.   

(Code of Iowa, Sec. 380.6[1a])

B.         A resolution signed by the Mayor becomes effective immediately upon signing.

(Code of Iowa, Sec. 380.6[1b])

C.        A motion becomes effective immediately upon passage of the motion by the Council.

(Code of Iowa, Sec. 380.6[1c])

D.        If the Mayor vetoes an ordinance, amendment or resolution 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 the ordinance or a summary of the ordinance is published, unless a subsequent effective date is provided within the ordinance or amendment.

(Code of Iowa, Sec. 380.6[2])

E.         If the Mayor takes no action on an ordinance, amendment or resolution, a resolution becomes effective fourteen (14) days after the date of passage, and an ordinance or amendment becomes law when the ordinance or a summary of the ordinance is published, but not sooner than 14 days after the date of passage, unless a subsequent effective date is provided within the ordinance or amendment.

(Code of Iowa, Sec. 380.6[3])

“All of the members of the Council” refers to all of the seats of the Council including a vacant seat and a seat where the member is absent, but does not include a seat where the Council member declines to vote by reason of a conflict of interest.

(Code of Iowa, Sec. 380.4)

17.04    COUNCIL 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 time and place of the regular meetings of the Council shall be fixed by resolution of the Council.

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.                  Planning and Zoning Commission

4.                  Zoning Board of Adjustment

17.06    COMPENSATION.  The salary of each Council member is twenty dollars ($20.00) for each meeting of the Council attended.

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



18.01  Appointment and Compensation

18.08  Records

18.02  Powers and Duties: General 

18.09  Attendance at Meetings

18.03  Publication of Minutes

18.10  Issue Licenses and Permits

18.04  Recording Measures

18.11  Notify Appointees

18.05  Publication

18.12  Elections

18.06  Authentication

18.13  City Seal 

18.07  Certify Measures 


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    PUBLICATION OF 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 publication 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.  The Clerk shall promptly record each measure considered by the Council and record a statement with the measure, 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 & 2])

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 four (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.  The three public places where public notices, ordinances, notices of elections and other matters permitted to be posted are to be displayed are:

West Entrance (Bus Stop)

City Shed (39 Fore Seasons Drive)

Oak Ridge Road and Eagle Drive

The Clerk is hereby directed to post promptly such ordinances, notices or other proceedings and to leave them so posted for not less than ten (10) days after the first date of posting.  Unauthorized removal of the posted matter prior to the completion of the ten days shall not affect the validity of said ordinance, notice or other proceedings.  The Clerk shall note the first date of such posting on the official copy of the notice, proceedings or the ordinance and in the official ordinance book immediately following the ordinance.

(Code of Iowa, Sec. 362.3[2])

18.06    AUTHENTICATION.  The Clerk shall authenticate all measures except motions with the Clerk’s signature, certifying the time and manner of publication when required.

(Code of Iowa, Sec. 380.7[4])

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[5])

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 of 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. 372.13[4 & 5] and 380.7[5])

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 positions and the time at which they shall assume the duties of their offices.

(Code of Iowa, Sec. 372.13[4])

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

1.         Certify to the County Commissioner of Elections the type of nomination process to be used by the City no later than ninety (90) 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 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 of which are the words “OAKLAND ACRES, IOWA.”



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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:

(Code of Iowa, Sec. 372.13[4])

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. 




° ° ° ° ° ° ° ° ° °




20.01  Appointment and Compensation

20.05  Review and Comment 

20.02  Attorney for City

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 CITYThe 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. 372.13[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 and 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])




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21.01  Planning and Zoning Commission

21.04  Compensation

21.02  Term of Office

21.05  Powers and Duties

21.03  Vacancies


21.01    PLANNING AND ZONING COMMISSION.  The City Planning and Zoning Commission, hereinafter referred to as the Commission, consists of five members appointed by the Council.  The Commission members shall be residents of the City and shall not hold any elective office in the City government.

(Code of Iowa, Sec. 414.6 & 392.1)


21.02    TERM OF OFFICE.  The term of office of the members of the Commission shall be five years.  The terms of not more than one-third of the members will expire in any one year.

(Code of Iowa, Sec. 392.1)

21.03    VACANCIES.  If any vacancy exists on the Commission caused by resignation, or otherwise, a successor for the residue of the term shall be appointed in the same manner as the original appointee.

(Code of Iowa, Sec. 392.1)

21.04    COMPENSATION.  All members of the Commission shall serve without compensation, except their actual expenses, which shall be subject to the approval of the Council.

(Code of Iowa, Sec. 392.1)

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

1.         Selection of Officers.  The Commission shall choose annually at its first regular meeting one of its members to act as Chairperson and another as Vice Chairperson, who shall perform all the duties of the Chairperson during the Chairperson’s absence or disability.

(Code of Iowa, Sec. 392.1)

2.         Adopt Rules and Regulations.  The Commission shall adopt such rules and regulations governing its organization and procedure as it may deem necessary.

(Code of Iowa, Sec. 392.1)

3.         Zoning.  The Commission shall have and exercise all the powers and duties and privileges in establishing the City zoning regulations and other related matters and may from time to time recommend to the Council amendments, supplements, changes or modifications, all as provided by Chapter 414 of the Code of Iowa. 

(Code of Iowa, Sec. 414.6)

4.         Recommendations of Improvements.  No statuary, memorial or work of art in a public place, and no public building, bridge, viaduct, street fixtures, public structure or appurtenances, shall be located or erected, or site therefor obtained, nor shall any permit be issued by any department of the City for the erection or location thereof until and unless the design and proposed location of any such improvement shall have been submitted to the Commission and its recommendations thereon obtained, except such requirements and recommendations shall not act as a stay upon action for any such improvement when the Commission after thirty (30) days’ written notice requesting such recommendations, shall have failed to file same.

(Code of Iowa, Sec. 392.1)

5.         Review and Comment on Plats.  All plans, plats, or re-plats of subdivision or re-subdivisions of land embraced in the City or adjacent thereto, laid out in lots or plats with the streets, alleys, or other portions of the same intended to be dedicated to the public in the City, shall first be submitted to the Commission and its recommendations obtained before approval by the Council.

(Code of Iowa, Sec. 392.1)

6.         Review and Comment of Street and Park Improvements.  No plan for any street, park, parkway, boulevard, traffic-way, river front, or other public improvement affecting the City plan shall be finally approved by the City or the character or location thereof determined, unless such proposal shall first have been submitted to the Commission and the Commission shall have had thirty (30) days within which to file its recommendations thereon.  

(Code of Iowa, Sec. 392.1)

7.         Fiscal Responsibilities.  The Commission shall have full, complete and exclusive authority to expend for and on behalf of the City all sums of money appropriated to it, and to use and expend all gifts, donations or payments whatsoever which are received by the City for City planning and zoning purposes. 

(Code of Iowa, Sec. 392.1)

8.         Limitation on Entering Contracts.  The Commission shall have no power to contract debts beyond the amount of its original or amended appropriation as approved by the Council for the present year.

(Code of Iowa, Sec. 392.1)

9.         Annual Report.  The Commission shall each year make a report to the Mayor and Council of its proceedings, with a full statement of its receipts, disbursements and the progress of its work during the preceding fiscal year. 

(Code of Iowa, Sec. 392.1)




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