1. Composition. The Council shall consist of seven (7) members. Three (3), to be known as Council members at large, shall be nominated by the eligible electors of the City at large, and elected by the qualified electors of the City at large. Four (4), to be known as ward Council members, shall be nominated by the eligible electors of their respective wards and elected by the qualified electors of their respective wards.
2. Division Into Wards. The Council, by ordinance, shall divide the City into four (4) wards of substantially equal population.
3. Eligibility. To be eligible to be elected and to retain a Council position, a person must be an eligible elector of the City. Ward Council members must also be residents of the ward at the time of their nomination and election and during their term of office.
4. Terms. The terms of all Council members shall be staggered 4-year terms.
5. Compensation. The Council shall, by ordinance, prescribe the compensation of the Council members and other elected City officers; however, 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.
6. General Powers. All powers of the City are vested in the Council, except as otherwise provided by the laws of the State and provisions of this Charter.
7. Rules and Records. The Council shall determine its own rules and shall maintain records of its proceedings consistent with the laws of the State.
8. Vacancies. The Council shall fill vacancies in the event a Council member no longer is a qualified elector of the City, no longer is a resident of the City or a resident of a specific ward, resigns or deceases. The Council shall act as a nomination committee conducting one public hearing within fourteen (14) days of the occurrence of the vacancy, and shall establish a list of names of eligible electors willing to serve. The Council shall fill the vacancy from the established list within forty (40) days of the occurrence of the vacancy. Nothing in this section shall preempt the citizens’ right to petition for an election as provided by the laws of the State.
9. City Council Action. The Council shall exercise a power only by the passage of a motion, a resolution, an amendment, or an ordinance in the following manner:
A. 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.
(Iowa Code § 380.4)
B. 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.
(Iowa Code § 380.6(2))
C. Measures Become Effective. Measures passed by the Council become effective in one of the following ways:
(1) 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.
(Iowa Code § 380.6(1)(a))
(2) A resolution signed by the Mayor becomes effective immediately upon signing.
(Iowa Code § 380.6(1)(b))
(3) A motion becomes effective immediately upon passage of the motion by the Council.
(Iowa Code § 380.6(1)(c))
(4) 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.
(Iowa Code § 380.6(2))
(5) 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 fourteen (14) days after the date of passage, unless a subsequent effective date is provided within the ordinance or amendment.
(Iowa Code § 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.
(Iowa Code § 380.4)
D. Tie Votes. Any measure resulting in a tie vote shall be reconsidered at the next regular Council meeting.
E. Submittal to Voters. The Council may submit to the voters a proposition for the repeal, amendment or enactment of any measure, to be voted upon at any succeeding general, regular or special City election, and if the proposition submitted receives a majority of the votes, the measure shall be repealed, amended or enacted accordingly.
10. Prohibitions.
A. A Council member may not hold any other City office or be a City employee or any other elected official while serving on the City Council.
B. Council members, as policy makers, should not interfere with the supervision or direction of any department or person appointed by or under the control of the Mayor or City Manager.
11. Appointments.
A. The Council may appoint a City Manager. (See Section 2.05.)
B. All appointments to City boards, commissions and committees shall not become effective unless approved by the City except as otherwise provided by the laws of the State of Iowa and this Charter.
C. The Council shall fix the compensation of persons it appoints and shall provide for the method of appointment, promotion, removal and compensation of other City employees consistent with the laws of the State and this Charter.