reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.9 - Board created.

368.9 Board created.
1. A city development board is created. The economic development authority shall provide office space and staff assistance, and shall budget funds to cover expenses of the board and committees. The board consists of five members appointed by the governor subject to confirmation by the senate. The appointments must be for four-year staggered terms beginning and ending as provided by section 69.19, or to fill an unexpired term in case of a vacancy. Members are eligible for reappointment.
2. The board shall be composed of the following members:
a. One member appointed from a city with a population of more than forty-five thousand, according to the most recent certified federal census.
b. One member appointed from a city with a population of forty-five thousand or less, according to the most recent certified federal census.
c. One member appointed from a county with a population of more than fifty thousand, according to the most recent certified federal census.
d. One member appointed from a county with a population of fifty thousand or less, according to the most recent certified federal census.
e. One member appointed to represent the general public.
3. Each member is entitled to receive from the state actual and necessary expenses in performance of board duties and may also be eligible to receive compensation as provided in section 7E.6.
[C75, 77, 79, 81, §368.9]
86 Acts, ch 1245, §847; 91 Acts, ch 250, §5; 2010 Acts, ch 1038, §1 – 3; 2011 Acts, ch 118, §85, 89
Referred to in §15.108, 368.1, 368.10, 384.38
Confirmation, see §2.32
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.10 - Rules — filing fees.

368.10 Rules — filing fees.
The board may establish rules for the performance of its duties and the conduct of proceedings before it. The rules may include establishing filing fees for applications and petitions submitted to the board. The amounts collected from the establishment of such fees are appropriated to the board for the purpose of reimbursing the economic development authority for the budgeted costs of covering the board’s expenses as described in section 368.9, subsection 1. Any amounts collected in a fiscal year by the board in excess of such budgeted costs shall be deposited in the general fund of the state. The board’s rules are subject to chapter 17A, as applicable.
[C75, 77, 79, 81, §368.10]
93 Acts, ch 152, §7, 8; 2013 Acts, ch 126, §15
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.12 - Dismissal.

368.12 Dismissal.
The board may dismiss a petition only if it finds that the petition does not meet the requirements of this chapter, or that substantially the same incorporation, discontinuance, or boundary adjustment has been disapproved by a committee formed to consider the proposal, or by the voters, within the two years prior to the date the petition is filed with the board, or that the territory to be annexed, or a portion of that territory, has been voluntarily annexed under section 368.7. The board shall file for record a statement of each dismissal and the reason for it, and shall promptly notify the parties to the proceeding of its decision.
[C75, 77, 79, 81, §368.12]
91 Acts, ch 250, §7
Referred to in §368.3, 368.20
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.13 - Board may initiate proceedings.

368.13 Board may initiate proceedings.
Based on the results of its studies, the board may initiate proceedings for the incorporation, discontinuance, or boundary adjustment of a city. The board may request a city to submit a plan for city development or may formulate its own plan for city development. A plan submitted at the board’s initiation must include the same information as a petition and be filed and acted upon in the same manner as a petition. A petition or plan may include any information relevant to the proposal, including but not limited to results of studies and surveys, and arguments.
[C75, 77, 79, 81, §368.13]
93 Acts, ch 152, §10
Referred to in §368.3, 368.7, 368.20
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.14 - Local representatives.

368.14 Local representatives.
If an involuntary petition is not dismissed, the board shall direct the appointment of local representatives to serve with board members as a committee to consider the proposal. Each local representative is entitled to receive from the state the representative’s actual and necessary expenses spent in performance of committee duties. Three board members and one local representative, or if the number of local representatives exceeds one, three board members and at least one-half of the appointed local representatives, are required for a quorum of the committee. A local representative must be a registered voter of the territory or city which the representative represents, and must be selected as follows:
1. From a territory to be incorporated, one representative appointed by the county board of supervisors. If the territory is in more than one county, the board shall direct the appointment of a local representative from each county involved.
2. From a city to be discontinued, one representative appointed by the city council.
3. From a territory to be annexed to or severed from a city, one representative appointed by the county board of supervisors. If there are no registered voters residing in an area to be annexed to or severed from a city, the county board of supervisors shall appoint as local representative an individual owning property in the territory whether or not the individual is a registered voter or appoint a designee of such individual. If the territory is in more than one county, the board shall direct the appointment of a local representative from each county involved by its board of supervisors.
4. From a city to which territory is to be annexed or from which territory is to be severed, one representative appointed by the city council. If the territory is in more than one county, the board shall direct the appointment of an equal number of city and county local representatives.
5. From each city to be consolidated, one representative appointed by each city council.
[C75, 77, 79, 81, §368.14]
91 Acts, ch 250, §8; 94 Acts, ch 1169, §64
Referred to in §331.321, 368.1, 368.3, 368.7, 368.14A, 368.20
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.14A - Special local committees.

368.14A Special local committees.
When two or more petitions for city development action or applications for voluntary annexation describing common territory are being considered together, the board shall direct the appointment of representatives for each of the petitions to serve on one special committee to consider the petitions. Expense reimbursement and qualifications of these representatives shall be as provided in section 368.14. Three board members and at least one-half of the appointed local representatives are required for a quorum of the special local committee. The manner of appointment of representatives shall be the same as for single petition committees as provided in section 368.14. The special committee shall consider the petitions in conformity with the provisions of this chapter, and shall resolve common territory issues between petitioners. The special committee shall conduct a public hearing on the petitions pursuant to section 368.15. If the common territory issue is resolved, the special local committee may approve the resulting compatible petitions by a single vote or separately, in its discretion.
91 Acts, ch 250, §9; 93 Acts, ch 152, §11
Referred to in §368.1, 368.3, 368.7, 368.11, 368.20
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.15 - Public hearing.

368.15 Public hearing.
The committee shall conduct a public hearing on a proposal as soon as practicable. Notice of the hearing must be served upon the council of each city for which a discontinuance or boundary adjustment is proposed, the county board of supervisors for each county which contains a portion of a city to be discontinued or territory to be incorporated, annexed, or severed, and any regional planning authority for the area involved. A notice of the hearing, which includes a brief description of the proposal and a statement of where the petition or plan is available for public inspection, must be published as provided in section 362.3, except that there must be two publications in a newspaper having general circulation in each city and each territory involved in the proposal. Any person may submit written briefs, and in the committee’s discretion, may be heard on the proposal. The board may subpoena witnesses and documents relevant to the proposal.
[C75, 77, 79, 81, §368.15]
Referred to in §368.3, 368.7, 368.14A, 368.18, 368.20, 368.21
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.16 - Approval of proposal.

368.16 Approval of proposal.
Subject to section 368.17, the committee shall approve any proposal which it finds to be in the public interest. A committee shall base its finding upon all relevant information before the committee, including but not limited to the following:
1. Statements in the petition or plan, and evidence supporting those statements.
2. Recommendations of the regional planning authority for the area.
3. Commercial and industrial development.
4. Potential growth in population.
5. Cost and adequacy of existing services and facilities.
6. Potential effect of the proposal and of possible alternative proposals on the cost and adequacy of services and facilities.
7. Potential effect of the proposal on adjacent areas, and on any unit of government directly affected, including but not limited to the potential effect on future revenues of any such unit of government.
[C75, 77, 79, 81, §368.16]
Referred to in §368.3, 368.20
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.17 - When approval barred.

368.17 When approval barred.
The committee may not approve:
1. An incorporation unless it finds that the city to be incorporated will be able to provide customary municipal services within a reasonable time.
2. A discontinuance or severance if the city to be discontinued or the territory to be severed will be surrounded by one or more cities unless a petition for annexation of the same area is also filed and approved.
3. A discontinuance or severance unless it finds that the county or another city will be able to provide necessary municipal services to the residents.
4. An annexation unless the territory is adjoining the city to which it will be annexed, and the committee finds that the city will be able to provide to the territory substantial municipal services and benefits not previously enjoyed by such territory, and that the motive for annexation is not solely to increase revenues to the city.
5. A consolidation unless the cities are contiguous.
6. An incorporation of territory, any part of which is within two miles of an existing city, unless a petition for annexation of substantially the same territory to such city has been dismissed, disapproved, or voted upon unfavorably within the last five years.
7. A city development action which creates an island.
[R60, §1043; C73, §430, 431; C97, §610, 611, 615; S13, §615; C24, 27, 31, 35, 39, §5612 – 5614; C46, 50, §362.26, 362.28, 362.29; C54, §362.26; C58, 62, 66, 71, 73, §362.1, 362.26; C75, 77, 79, 81, §368.17]
91 Acts, ch 187, §4; 92 Acts, ch 1174, §5
Referred to in §368.3, 368.16, 368.20
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.18 - Amendment.

368.18 Amendment.
The committee may amend a petition or plan. If a petition or plan is substantially amended, the committee shall continue the hearing to a later date and serve and publish a notice describing the amended petition or plan, as required in section 368.15.
[C97, §600; S13, §600; C24, 27, 31, 35, 39, §5591; C46, 50, 54, 58, 62, 66, 71, 73, §362.4; C75, 77, 79, 81, §368.18]
Referred to in §368.3, 368.20
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.19 - Time limit — election.

368.19 Time limit — election.
1. The committee shall approve or disapprove the petition or plan as amended, within ninety days of the final hearing, and shall file its decision for record and promptly notify the parties to the proceeding of its decision. If a petition or plan is approved, the board shall submit the proposal at an election held on a date specified in section 39.2, subsection 4, paragraph “a” or “b”, whichever is applicable, and the county commissioner of elections shall conduct the election. In a case of incorporation or discontinuance, registered voters of the territory or city may vote, and the proposal is authorized if a majority of those voting approves it. In a case of annexation or severance, registered voters of the territory and of the city may vote, and the proposal is authorized if a majority of the total number of persons voting approves it. In a case of consolidation, registered voters of each city to be consolidated may vote, and the proposal is authorized only if it receives a favorable majority vote in each city. The county commissioner of elections shall publish notice of the election as provided in section 49.53 and shall conduct the election in the same manner as other special elections.
2. The city shall provide to the commissioner of elections a map of the area to be incorporated, discontinued, annexed, severed, or consolidated, which must be approved by the commissioner as suitable for posting. The map shall be displayed prominently in at least one place within the voting precinct, and inside each voting booth.
3. The costs of an incorporation election shall be borne by the initiating petitioners if the election fails, but if the proposition is approved the cost shall become a charge of the new city.
[R60, §1032, 1037, 1043, 1044; C73, §422, 423, 425, 430 – 432, 447 – 450; C97, §600 – 605, 610 – 612, 615; S13, §600 – 602, 615; C24, 27, 31, 35, 39, §5592 – 5594, 5596, 5598, 5599, 5605, 5606, 5612 – 5614; C46, 50, §362.5 – 362.7, 362.9, 362.11, 362.12, 362.19, 362.20, 362.26, 362.28, 362.29; C54, 58, 62, 66, 71, 73, §362.5 – 362.7, 362.9, 362.11, 362.12, 362.19, 362.20, 362.26; C75, 77, 79, 81, §368.19]
91 Acts, ch 250, §10; 95 Acts, ch 67, §53; 98 Acts, ch 1123, §16; 2008 Acts, ch 1115, §62, 71; 2009 Acts, ch 57, §90
Referred to in §368.3, 368.20
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.20 - Procedure after approval.

368.20 Procedure after approval.
1. After the county commissioner of elections has certified the results to the board, the board shall:
a. Serve and publish notice of the result as provided in section 362.3.
b. File with the secretary of state and the clerk of each city incorporated or involved in a boundary adjustment, and record with the recorder of each county which contains a portion of any city or territory involved, copies of the proceedings including the original petition or plan and any amendments, the order of the board approving the petition or plan, proofs of service and publication of required notices, certification of the election result, and any other material deemed by the board to be of primary importance to the proceedings.
2. Upon proper filing and expiration of time for appeal, the incorporation, discontinuance, or boundary adjustment is complete. However, if an appeal to any of the proceedings is pending, completion does not occur until the appeal is decided, unless a subsequent date is provided in the proposal. The board shall also file with the state department of transportation a copy of the map and legal land description of each completed incorporation or corporate boundary adjustment completed under sections 368.11 through 368.22 or approved annexation within an urbanized area.
[R60, §1044, 1053, 1054; C73, §432, 445, 446, 452; C97, §267, 603, 608, 612; C24, 27, 31, 35, 39, §5596, 5603, 5606, 5618; C46, 50, 54, 58, 62, 66, 71, 73, §362.9, 362.16, 362.20, 362.33; C75, 77, 79, 81, §368.20]
89 Acts, ch 22, §1; 93 Acts, ch 152, §12; 2010 Acts, ch 1061, §149
Referred to in §368.3, 368.7
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.21 - Supervision of procedures.

368.21 Supervision of procedures.
When an incorporation, discontinuance, or boundary adjustment is complete, the board shall supervise procedures necessary to carry out the proposal. In the case of an incorporation, the county commissioner of elections shall conduct an election for mayor and council of the city, who shall serve until their successors take office following the next regular city election. In the case of a discontinuance, the board shall publish two notices as provided in section 368.15 that it will receive and adjudicate claims against the discontinued city for a period of six months from the date of last notice, and shall cause necessary taxes to be levied against the property within the discontinued city to pay claims allowed. All records of a discontinued city shall be deposited with the county auditor of the county designated by the board. Any remaining balances shall be deposited in the county treasury where the former city was located. In the case of boundary adjustments, the proper city officials shall carry out procedures necessary to implement the proposal.
[R60, §1037, 1045; C73, §425, 433, 449, 451, 453; C97, §602, 603, 605 – 607, 613; S13, §602; C24, 27, 31, 35, 39, §5594, 5597, 5600 – 5602, 5607; C46, 50, 54, 58, 62, 66, 71, 73, §362.7, 362.10, 362.13 – 362.15, 362.21; C75, 77, 79, 81, §368.21]
83 Acts, ch 123, §172, 209
Referred to in §331.427, 368.3, 368.20
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.22 - Appeal.

368.22 Appeal.
1. a. A city or a resident or property owner in the territory or city involved may appeal a decision of the board or a committee, or the legality of an election, to the district court of a county which contains a portion of any city or territory involved.
b. Appeal must be filed within thirty days of the filing of a decision or the publication of notice of the result of an election.
c. Appeal of an approval of a petition or plan does not stay the election.
2. The judicial review provisions of this section and chapter 17A shall be the exclusive means by which a person or party who is aggrieved or adversely affected by agency action may seek judicial review of that agency action. The court’s review on appeal of a decision is limited to questions relating to jurisdiction, regularity of proceedings, and whether the decision appealed from is arbitrary, unreasonable, or without substantial supporting evidence. The court may reverse and remand a decision of the board or a committee, with appropriate directions.
3. The following portions of section 17A.19 are not applicable to this chapter:
a. The part of subsection 2 which relates to where proceedings for judicial review shall be instituted.
b. Subsection 5.
c. Subsection 8.
d. Subsection 9.
e. Subsection 10.
f. Subsection 11.
[C75, 77, 79, 81, §368.22]
98 Acts, ch 1202, §40, 46; 2010 Acts, ch 1061, §150
Referred to in §368.3, 368.20
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.23 - Fees and taxes of public utilities.

368.23 Fees and taxes of public utilities.
Additional or increased fees or taxes, other than ad valorem taxes, imposed on a public utility as a result of an annexation of territory to a city shall become effective sixty days after the effective date of the annexation.
93 Acts, ch 152, §13
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.24 - Notification to public utilities and to the department of revenue.

368.24 Notification to public utilities and to the department of revenue.
Notwithstanding any other provision of law to the contrary, any city that annexes territory or any city from which territory is severed shall provide written notification consisting of a legal description and map of the annexed or severed territory, each street address within the annexed or severed area, where possible, a statement containing the effective date of the annexation or severance and a copy of the order, resolution, or ordinance proclaiming the annexation or severance to all public utilities operating in the annexed or severed area and to the department of revenue. If the notification of an annexation is provided to a public utility less than sixty days prior to the effective date of the annexation, the public utility shall have sixty days from the date of notification to adjust its tax and accounting records to reflect the annexation for any tax purpose.
96 Acts, ch 1204, §10; 2012 Acts, ch 1110, §25
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.25 - Failure to provide municipal services.

368.25 Failure to provide municipal services.
Prior to expiration of the three-year period established in section 368.11, subsection 3, paragraph “n”, the annexing city shall submit a report to the board describing the status of the provision of municipal services identified in the plan required in section 368.11, subsection 3, paragraph “n”. If a city fails to provide municipal services, or fails to show substantial and continuing progress in the provision of municipal services, to territory involuntarily annexed, according to the plan for extending municipal services filed pursuant to section 368.11, subsection 3, paragraph “n”, within the time period specified in that subsection, the city development board may initiate proceedings to sever the annexed territory from the city. The board shall notify the city of the severance proceedings and shall hold a public hearing on the proposed severance. The board shall give notice of the hearing in the same manner as notice of a public meeting in section 368.11. The board may order severance of all or a portion of the territory and the order to sever is not subject to approval at an election. A city may request that the board allow up to an additional three years to provide municipal services if good cause is shown. As an alternative to severance of the territory, the board may impose a moratorium on additional annexation by the city until the city complies with its plan for extending municipal services. For purposes of this section, “municipal services” means services included in the plan required by section 368.11, subsection 3, paragraph “n”, for extending municipal services.
2002 Acts, ch 1132, §10, 11; 2002 Acts, ch 1175, §32; 2003 Acts, ch 148, §7, 9; 2005 Acts, ch 19, §51
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 368 - CITY DEVELOPMENT › Section 368.26 - Annexation of certain property — compliance with less stringent regulations.

368.26 Annexation of certain property — compliance with less stringent regulations.
1. A city ordinance or regulation that regulates a condition or activity occurring on protected farmland or regulates a person who owns and operates protected farmland is unenforceable against the owner of the protected farmland for a period of ten years from the effective date of the annexation, to the extent the city ordinance or regulation is more stringent than county legislation. Section 335.2 shall apply to the protected farmland until the owner of the protected farmland determines that the land will no longer be operated as an agricultural operation. Any enforcement activity conducted in violation of this section is void.
2. For purposes of this section:
a. “Condition or activity occurring on protected farmland” includes but is not limited to the raising, harvesting, drying, or storage of crops; the marketing of products at roadside stands or farm markets; the creation of noise, odor, dust, or fumes; the production, care, feeding, or housing of animals including but not limited to the construction, operation, or management of an animal feeding operation, an animal feeding operation structure, or aerobic structure, and to the storage, handling, or application of manure or egg washwater; the operation of machinery including but not limited to planting and harvesting equipment, grain dryers, grain handling equipment, and irrigation pumps; ground and aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor.
b. “County legislation” means any ordinance, motion, resolution, or amendment adopted by a county pursuant to section 331.302.
c. “Protected farmland” means land that is part of a century farm as that term is defined in section 403.17, subsection 10.
2003 Acts, ch 148, §8, 9; 2004 Acts, ch 1101, §43; 2013 Acts, ch 90, §97
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 372 - ORGANIZATION OF CITY GOVERNMENT › Section 372.1 - Forms of cities.

372.1 Forms of cities.
1. The forms of city government are:
a. Mayor-council, or mayor-council with appointed manager.
b. Commission.
c. Council-manager-at-large.
d. Council-manager-ward.
e. Home rule charter.
f. Special charter.
g. City-county consolidated form as provided in sections 331.247 through 331.252.
h. Community commonwealth as provided in sections 331.260 through 331.263.
2. A city when first incorporated has the mayor-council form. A city retains its form of government until it adopts a different form as provided in this subchapter.
3. A city shall adopt by ordinance a charter embodying its existing form of government, which must be one of the forms provided in this subchapter, and shall file a copy of its charter with the secretary of state, and maintain copies available for public inspection.
[C54, 58, 62, 66, 71, 73, §363.1, 363.30; C75, 77, 79, 81, §372.1]
2004 Acts, ch 1066, §29, 31; 2010 Acts, ch 1061, §180; 2017 Acts, ch 54, §76; 2019 Acts, ch 59, §113
Referred to in §372.2, 372.12
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 372 - ORGANIZATION OF CITY GOVERNMENT › Section 372.3 - Home rule charter.

372.3 Home rule charter.
If a petition for appointment of a home rule charter commission is filed with the city clerk not more than ten days after the council has published the first notice announcing the date of the special election on adoption of another form of government, the special election shall not be held until the charter proposed by the home rule charter commission is filed. Both forms must be published as provided in section 372.9 and submitted to the voters at the special election.
[C75, 77, 79, 81, §372.3]
97 Acts, ch 170, §89; 2008 Acts, ch 1115, §64, 71
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 372 - ORGANIZATION OF CITY GOVERNMENT › Section 372.5 - Commission form.

372.5 Commission form.
1. A city governed by the commission form has five departments as follows:
a. Department of public affairs.
b. Department of accounts and finances.
c. Department of public safety.
d. Department of streets and public improvements.
e. Department of parks and public property.
2. a. A city governed by the commission form has a council composed of a mayor and four council members elected at large, unless the council representation plan is changed pursuant to section 372.13, subsection 11. The mayor administers the department of public affairs and each other council member is elected to administer one of the other four departments.
b. However, a city governed, on July 1, 1975, by the commission form and having a council composed of a mayor and two council members elected at large may continue with a council of three until the form of government is changed as provided in section 372.2 or section 372.9 or without changing the form, may submit to the voters the question of increasing the council to five members assigned to the five departments as set out in this section.
3. The mayor shall supervise the administration of all departments and report to the council all matters requiring its attention. The mayor is a member of the council and may vote on all matters before the council.
4. The council member elected to administer the department of accounts and finances is mayor pro tem.
5. The council may appoint a city treasurer or may, by ordinance, provide for election of that officer.
[S13, §1056-a18, -a20, -a24, -a25, -a26, -a29; C24, 27, 31, 35, 39, §6484, 6488, 6489, 6502, 6520, 6524, 6526, 6527, 6565, 6566; C46, 50, §416.8, 416.12 – 416.14, 416.26, 416.44, 416.48, 416.50, 416.51, 416.90, 416.91; C54, 58, 62, 66, 71, 73, §363B.1, 363B.2, 363B.4, 363B.5, 363B.7, 363B.8; C75, 77, 79, 81, §372.5]
91 Acts, ch 256, §37; 97 Acts, ch 23, §39; 2010 Acts, ch 1061, §151
Referred to in §372.13
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 372 - ORGANIZATION OF CITY GOVERNMENT › Section 372.6 - Council-manager-at-large form.

372.6 Council-manager-at-large form.
1. A city governed by the council-manager-at-large form has five council members elected at large for staggered four-year terms. At the first meeting of the new term following each city election, the council shall elect one of the council members to serve as mayor, and one to serve as mayor pro tem. The mayor is a member of the council and may vote on all matters before the council. As soon as possible after the beginning of the new term following each city election, the council shall appoint a manager.
2. a. The city council of a city governed by the council-manager-at-large form may adopt a resolution on its own motion, or shall adopt a resolution if a petition valid under section 362.4 is filed with the city clerk, proposing that the city be governed by a mayor elected by the people for a four-year term and four council members elected at large. After adoption of the resolution, the council shall direct the county commissioner of elections to put the proposal on the ballot for the next general election or the next regular city election, whichever occurs first. If the ballot proposal is approved, the city council shall adopt an ordinance meeting the requirements of paragraph “b”, and the ordinance is effective beginning with the next following regular city election.
b. The ordinance shall provide that the mayor is a member of the council and may vote on all matters before the council. The ordinance shall provide that the term of office of the mayor is four years and, after each regular city election, the mayor shall appoint a council member as mayor pro tem. The ordinance shall provide that the mayor is a member of the council for purposes of maintaining staggered terms on the council. A council member’s term shall not be shortened or lengthened as a means of initially implementing the ordinance.
c. An ordinance adopted and approved under this subsection is not subject to repeal until the ordinance has been in effect for at least six years. The question of repeal of the ordinance is subject to the requirements of paragraph “a”.
3. The council may by ordinance provide that the city will be governed by council-manager-ward form. The ordinance must provide for the election of the mayor and council members required under council-manager-ward form at the next regular city election.
[SS15, §1056-b1, -b7, -b12; C24, 27, 31, 35, 39, §6621, 6622, 6645, 6665; C46, 50, §419.7, 419.8, 419.31, 419.51; C54, 58, 62, 66, §363C.1, 363C.3; C71, 73, §363C.1, 363C.3, 363C.17; C75, 77, 79, 81, §372.6]
2006 Acts, ch 1138, §1
Referred to in §376.4A
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 372 - ORGANIZATION OF CITY GOVERNMENT › Section 372.7 - Council-manager-ward form.

372.7 Council-manager-ward form.
1. A city governed by council-manager-ward form has a council composed of a mayor and six council members. Of the six council members, two may be elected at large and one elected from each of four wards, or one may be elected from each of six wards. The mayor and other council members serve four-year staggered terms. The mayor is a member of the council and may vote on all matters before the council.
2. The council, by ordinance, may change from one ward option authorized under this section to the other ward option. The ordinance must provide for the election of the mayor and council members as provided in the selected ward option at the next regular city election.
3. As soon as possible after the beginning of the new term following each city election, the council shall appoint a city manager, and a council member to serve as mayor pro tem.
[C71, 73, §363E.1; C75, 77, 79, 81, §372.7]
87 Acts, ch 86, §1; 2017 Acts, ch 54, §76
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 372 - ORGANIZATION OF CITY GOVERNMENT › Section 372.10 - Contents of charter.

372.10 Contents of charter.
A home rule charter must contain provisions for:
1. A council of an odd number of members, not less than five.
2. A mayor, who may be one of those council members.
3. Two-year or staggered four-year terms of office for the mayor and council members.
4. The powers and duties of the mayor and the council, consistent with the provisions of the city code.
5. A council representation plan pursuant to section 372.13, subsection 11.
[C75, 77, 79, 81, §372.10]
91 Acts, ch 256, §38
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 372 - ORGANIZATION OF CITY GOVERNMENT › Section 372.11 - Amendment to charter.

372.11 Amendment to charter.
A home rule charter may be amended by one of the following methods:
1. The council, by resolution, may submit a proposed amendment to the voters at a special city election, and the proposed amendment becomes effective if approved by a majority of those voting.
2. The council, by ordinance, may amend the charter. However, within thirty days of publication of the ordinance, if a petition valid under the provisions of section 362.4 is filed with the council, the council must submit the ordinance amendment to the voters at a special city election, and the amendment does not become effective until approved by a majority of those voting.
3. If a petition valid under the provisions of section 362.4 is filed with the council proposing an amendment to the charter, the council must submit the proposed amendment to the voters at a special city election, and the amendment becomes effective if approved by a majority of those voting.
[C75, 77, 79, 81, §372.11]
Referred to in §373.5
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 372 - ORGANIZATION OF CITY GOVERNMENT › Section 372.12 - Special charter form limitation.

372.12 Special charter form limitation.
1. A city may not adopt the special charter form but a city governed by a special charter on July 1, 1975, is considered to have the special charter form although it may utilize elements of the mayor-council form in conjunction with the provisions of its special charter. In adopting and filing its charter as required in section 372.1, a special charter city shall include the provisions of its charter and any provisions of the mayor-council form which are followed by the city on July 1, 1975.
2. A special charter city may utilize the provisions of chapter 420 in lieu of conflicting sections, until the city changes to one of the other forms of government as provided in this chapter.
[C75, 77, 79, 81, §372.12]
97 Acts, ch 23, §40; 2020 Acts, ch 1062, §94
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 372 - ORGANIZATION OF CITY GOVERNMENT › Section 372.13A - Payments without prior authorization of council.

372.13A Payments without prior authorization of council.
1. If concurrent vacancies exist on the council and the remaining council members do not constitute a quorum of the full membership, the city clerk is authorized to make the following payments without prior approval of the council:
a. For fixed charges including but not limited to freight, express, postage, water, light, telephone service, or contractual services, after a bill is filed with the clerk.
b. For salaries and payrolls if the compensation has been fixed or approved by the council. The salary or payroll shall be certified by the officer or supervisor under whose direction or supervision the compensation is earned.
2. If concurrent vacancies exist on the council and the remaining council members do not constitute a quorum of the full membership and the office of city clerk is vacant, the county auditor of the county where the city is located shall make the payments described in subsection 1 without prior approval of the council.
3. The bills paid under this section shall be submitted to the city council for review and approval at the next regular meeting following payment in which a quorum of the council is present.
2006 Acts, ch 1138, §3
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 372 - ORGANIZATION OF CITY GOVERNMENT › Section 372.14 - The mayor — the mayor pro tem.

372.14 The mayor — the mayor pro tem.
1. The mayor is the chief executive officer of the city and presiding officer of the council. Except for the supervisory duties which have been delegated by law to a city manager, the mayor shall supervise all city officers and departments.
2. The mayor may 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.
3. The mayor pro tem is vice president of the council. When the mayor is absent or unable to act, the mayor pro tem shall perform the mayor’s duties, except that the mayor pro tem may not appoint, employ, or discharge officers or employees without the approval of the council. Official actions of the mayor pro tem when the mayor is absent or unable to act are legal and binding to the same extent as if done by the mayor. The mayor pro tem retains all of the powers of a council member.
[R60, §1082, 1085, 1091, 1102, 1105, 1121; C73, §506, 512, 518, 519, 531, 534, 537, 547; C97, §658; S13, §658; SS15, §1056-b7; C24, 27, 31, 35, 39, §5639, 6619, 6647; C46, 50, §363.18, 419.33, 420.9 – 420.11; C54, 58, 62, 66, 71, 73, §363C.13, 368A.2; C75, 77, 79, 81, §372.14]
Requests to department of public safety for special occasions or emergencies, §321.6
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 372 - ORGANIZATION OF CITY GOVERNMENT › Section 372.15 - Removal of appointees.

372.15 Removal of appointees.
Except as otherwise provided by state or city law, all persons appointed to city office may be removed by the officer or body making the appointment, but every such removal shall be by written order. The order shall give the reasons, be filed in the office of the city clerk, and a copy shall be sent by certified mail to the person removed who, upon request filed with the clerk within thirty days of the date of mailing the copy, shall be granted a public hearing before the council on all issues connected with the removal. The hearing shall be held within thirty days of the date the request is filed, unless the person removed requests a later date.
[C77, 79, 81, §372.15]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 373 - CONSOLIDATED METROPOLITAN CORPORATIONS › Section 373.1 - Creation of commission.

373.1 Creation of commission.
1. Cities within a county may unite to form a single unit of local government in accordance with this chapter. Any city located in two or more counties shall be allowed to participate in a metropolitan consolidation in the county where at least fifty percent of its population resides. An alternative form of metropolitan government shall be submitted to the electorate by a commission in the form of a charter or charter amendment proposed in accordance with this chapter.
2. Participation in a charter commission under this chapter may be proposed by:
a. The city council adopting a resolution calling for participation.
b. By petition of the number of eligible electors of the city equal to at least twenty-five percent of the votes cast in the city at the last regular city election petitioning the council to adopt a resolution calling for participation. The council shall within thirty days of the filing of a valid petition adopt such a resolution.
91 Acts, ch 256, §40
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 373 - CONSOLIDATED METROPOLITAN CORPORATIONS › Section 373.2 - Appointment of commission members.

373.2 Appointment of commission members.
1. Within forty-five days after the establishment of a commission, the members of the commission shall be appointed as follows:
a. One member shall be appointed by the city council of each city participating in the charter process.
b. An additional member shall be appointed by each city council for every twenty-five thousand residents in the participating city.
c. One member shall be appointed by each state legislator whose legislative district is located in the commission area if a majority of the constituents of that legislative district resides in the commission area. However, if a commission area does not have a state legislative district which has a majority of its constituents residing in the commission area, the legislative district having the largest plurality of constituents residing in the commission area shall appoint one member.
2. Only eligible electors of the county not holding a city, county, or state office shall be members of the commission. In counties having multiple state legislative districts, the districts shall be represented as equally as possible. The membership shall be bipartisan and gender balanced and each appointing authority under subsection 1 shall provide for representation of various age groups, racial minorities, economic groups, and representatives of identifiable geographically defined populations, all in reasonable relationship to the proportions in which these groups are present in the population of the commission area.
3. a. A vacancy on the commission shall be filled by appointment in the same manner as the original appointment. The county auditor shall notify the appropriate appointing authority of a vacancy.
b. The legislative appointing authorities shall be considered one appointing authority for the purpose of complying with this subsection. The senior legislative appointing authority in terms of length of legislative service shall convene the legislative appointing authorities to consult for the purpose of complying with this subsection.
91 Acts, ch 256, §41; 2010 Acts, ch 1061, §180
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 373 - CONSOLIDATED METROPOLITAN CORPORATIONS › Section 373.3 - Organization and expenses.

373.3 Organization and expenses.
1. Within thirty days after the appointment of the members of the commission, the city clerk of the participating city with the largest population shall give written notice of the date, time, and location of the first meeting of the commission. At the first meeting the commission shall organize by electing a chairperson, vice chairperson, and other officers as necessary. The commission shall adopt rules governing the conduct of its meetings, subject to chapter 21.
2. The members of the commission shall serve without compensation, but they are entitled to travel and other necessary expenses relating to their duties of office.
3. The participating cities shall make available to the commission in-kind services such as office space, printing, supplies, and equipment and shall pay the other necessary expenses of the commission, including compensation for secretarial, clerical, professional, and consultant services. The total annual expenses, not including the value of in-kind expenses, to be paid from public funds shall not exceed one hundred thousand dollars or an amount equal to thirty cents times the population of the commission area, according to the most recent certified federal census. The commission may employ staff as necessary.
4. The expenses of the commission may be paid from the general fund of the participating cities or from any combination of public or private funds available for that purpose. The commission’s annual expenses may exceed the amount in subsection 3 only if the excess is paid from private funds. If a proposed charter is submitted to the electorate, private funds donated to the commission may be used to promote passage of the proposed charter.
91 Acts, ch 256, §42
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 373 - CONSOLIDATED METROPOLITAN CORPORATIONS › Section 373.4 - Commission procedures and reports.

373.4 Commission procedures and reports.
1. Within sixty days after its organization, the commission shall hold at least one public hearing for the purpose of receiving information and material which will assist in the drafting of a charter. Notice of the date, time, and place of the hearing shall be published in the official county newspapers of each county in which the participating cities are located.
2. Within nine months after the organization of the commission, the commission shall submit a preliminary report to the councils of the participating cities, which report may include the text of the proposed charter. If a proposed charter is included in the preliminary report, the report shall also include an analysis of the fiscal impact of the proposed charter. Sufficient copies of the report shall be made available for distribution to residents of the participating cities who request a copy. The commission shall hold at least one public hearing after submission of the preliminary report to obtain public comment.
3. Within twenty months after organization, the commission shall submit the final report to the councils of the participating cities. If the commission recommends a charter of consolidation, the final report shall include the full text and an explanation of the proposed charter, an analysis of the fiscal impact of the proposed charter, any comments deemed desirable by the commission, and any minority reports. The final report may recommend no change to the existing form of government and that no charter be submitted to the electorate, or it may recommend consolidation of the participating cities with the county. If the board of supervisors by resolution agrees to participate in consolidation, then the participating cities and county shall proceed under sections 331.231 through 331.252.
4. The final report of the commission shall be made available to the residents of the participating cities upon request. A summary of the final report shall be published in the official newspapers of the county. If a charter is not recommended, the commission is dissolved upon submission of its final report to the councils of the participating cities.
91 Acts, ch 256, §43
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 373 - CONSOLIDATED METROPOLITAN CORPORATIONS › Section 373.5 - Consolidation charter.

373.5 Consolidation charter.
A proposed charter written by a charter commission shall specify the consolidated metropolitan form of government. The proposed consolidation charter shall do all of the following:
1. Provide the official name of the consolidated unit of local government and establish its geographic boundaries.
2. Establish an elective legislative body pursuant to section 373.9, including provisions on terms of office, initial compensation, meetings, and rules of procedure.
3. Provide for the at-large election of an officer to preside over the metropolitan council and perform other duties as specified, and provide for the election of other necessary officers.
4. Provide for the nonpartisan election of officers of the consolidated metropolitan corporation government.
5. Specify the powers and duties of the metropolitan council, its administrative officers, and elected officials.
6. Provide for delivery of certain services to the member cities, pursuant to section 373.11, and may provide for the abolition or consolidation of a department, agency, board, or commission and the assumptions of its powers and duties by the metropolitan council or another officer.
7. Provide for a system of revenue collection pursuant to section 373.10.
8. Provide for the orderly transition to the charter form of metropolitan consolidation.
9. Include other provisions which the consolidation charter commission elects to include and which are not inconsistent with state law.
10. Specify a charter amendment process pursuant to section 372.11.
11. Provide for the appointment of a manager by the metropolitan council pursuant to section 372.8.
91 Acts, ch 256, §44