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HomeMy WebLinkAboutCouncil Packet - 12/16/2019Council Work Session December 16, 2019 Time indicated below Harold E. Getty Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 4:00 p.m. Review of a Merit Pay and Performance Evaluation Policy. Submitted By: Lance Dunn, Human Resources Director and Kelley Felchle, City Clerk Approx. Update on University Avenue construction and review of planned 4:15 p.m. enhancements. Submitted By: Jamie Knutson, PE, City Engineer Approx. Review of edits to Title 1 of the City Code. 4:45 p.m. Submitted By: Kelley Felchle, City Clerk ADJOURNMENT Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Review of a Merit Pay and Performance Evaluation Policy. City Council Meeting: 12/16/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office ➢ ellclk➢e, Kelley Approved. 12/9/201.➢-➢.... 12:33 P11� ATTACHMENTS: Description Type Policy as 14:rro Bac➢<aui:l SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Review of a Merit Pay and Performance Evaluation Policy. Submitted By: Lance Dunn, Human Resources Director and Kelley Felchle, City Clerk Attached are redline edits to the policy based off council discussion at the previous meeting. ity •f t rlo• rit ' y n rfor .ncEv.uti.n '•lic Policy approved by Resolution No. on , 2019. 1. Purpose The City of Waterloo seeks to foster a work culture driven by outstanding work performance, accountability, and exceptional service to the public. The purpose of this policy is to establish an annual performance evaluation process for bargaining employees and an annual performance evaluation process for non -bargaining employees tied to merit based pay increases. 2. Scope This policy shall apply to all full and part time employees. Performance based wage increases will not apply to bargaining employees. All bargaining employees will receive wage increases based on bargaining contracts and will receive an annual performance review. 3. Authority to Establish Salaries Non -bargaining employees shall receive a salary as set forth in the salary schedule listed in Appendix A of this policy, except as otherwise provided. Non -bargaining employees' salaries shall be maintained within the range established for the job classification they currently hold. Compensation does not include allowances for travel or other expenses that shall be paid by the City when authorized and approved by the City Council. The salary schedule will be established by the Mayor and Human Resources Director and approved by the City Council. Any modifications needed to the salary schedule due to economic situations will be recommended by the Mayor and Human Resources Director and approved by the City Council. Individual salary increases for non - bargaining employees will be based upon performance, as outlined in this policy. In instances where compression occurs, situations will be evaluated and efforts will be made to maintain an appropriate level of internal equity. Salaries for employees moving to a higher classification will be recommended by the Department Head and approved by the Human Resources Director and Mayor. The salary range for a new classification will be established by the Human Resources Director and Mayor and approved by the City Council. 4. Administration of Pay The Human Resources Director shall be responsible for administering salary ranges according to the following provisions: A . Beginning Salary Rate: Upon entrance into city employment, the employee shall be paid at the low end of the salary range of the pay grade to which the position is allocated. Upon recommendation of the Department Head and approval of the Mayor, appointments may be made at ranges above the entry level. Entry level wages for bargaining unit employees will be set in accordance with the applicable bargaining agreement. B. Annual Increases: Annual wage increases for bargaining unit employees will be in accordance with the applicable collective bargaining agreement. Annual salary increases for non -bargaining employees will be based on the employee's performance using the city's performance evaluation form. The Department Head will submit a recommended evaluation form for all non -bargaining employees to the Human Resources Department for final approval. Increases for non -bargaining unit employees will be determined as follows: 1. Unsatisfactory Performance: An employee receiving a rating of Unsatisfactory or below will not receive a pay increase. The employee will be referred to Human Resources for further action, which may include but not be limited to training or placement on a performance improvement plan. and out nee Improvement Plan. 2. Needs Improvement: An employee receiving a rating of Needs Improvement will receive an increase that is .5% below the annual salary increase. 3. Meets Expectations: An employee receiving a rating of Meets Expectations will receive the annual salary increase. 4. Exceeds Expectations: An employee receiving a rating of Exceeds Expectations will receive the annual salary increase. C. BonusAdditional Pay Increase: Non -bargaining unit employees receiving a rating of Exceeds Expectations may be eligible to receive a pay increase in addition to the annual salary increase. These circumstances should be reserved for situations of superior performance. The recommendation for a bonusan additional pay increase must be made by the Department Head, approved by the Human Resources Director, and confirmed by the Mayor. Department Heads may be eligible for bonucesadditional pay increases. The Mayor will select and notify the Human Resources Director of which Department Heads have earned Ito -pan additional pay increase. D. Merit based pay increases will be effective for July 1 of each year. E. Annual Salary Increase and Pay Scales: Annual wage increases and pay scales for bargaining unit employees will be in accordance with the applicable collective bargaining agreements. The annual salary increase for non -bargaining employees will be determined annually by the Human Resources Director and Chief Financial Officer and approved by the Mayor and confirmed by council. Pay scales for non -bargaining employees will be approved by the city council for a period of two years. F. Non -bargaining employees will be reviewed on the criteria listed in Subsection B using the performance evaluation form. Bargaining employees will not receive merit based wage increases. 5. Evaluations Employee performance will be evaluated at least annually on the employee performance evaluation form. Each non -bargaining employee will complete a self - evaluation prior to the formal evaluation with their supervisor. An essential part of the performance evaluation is the establishment of personal goals. Goal achievement should be linked to individual and departmental performance measures and goals where appropriate. Bargaining employees will not be required to complete a self - evaluation form. All performance evaluations must be submitted to the Human Resources for review and approval. The schedule for completing performance evaluations for bargaining and non -bargaining employees is as follows: A. Bargaining Employees: Evaluations must commence on January 1 and be completed by their supervisor by April 1 of each year. If a collective bargaining agreement's evaluation procedures conflicts with this schedule, the collective bargaining agreement procedure will govern. B. Non -bargaining, Non -department Head Employees: Employees will complete self -evaluations starting September 1 of each year. Performance evaluations will be completed by their supervisor between September 15 and November 1 of each year. C. Department Head: Employees will complete self -evaluations beginning July 1 of each year. Performance evaluations will be completed by the Mayor by September 30 of each year. 6. Performance Improvement Plan Any employee, regardless of whether they are in a bargaining unit or not, who receives "needs improvement" as their overall rating must be placed on a performance improvement plan. The Human Resources Department must be contacted before placing the employee on a performance improvement plan. 7. Evaluation Review A. Department Heads and supervisors will be held accountable for conducting fair, accurate, and equitable ratings of all employees. The Human Resources Department will review and make recommendations for the approval or disapproval on all performance based pay increases. The Mayor will have final approval on all performance evaluations and performance pay increases. B. Employees receiving the highest level of overall performance rating should be reserved for only those employees that routinely out perform all others, or where circumstances during the evaluation period allowed an employee to truly distinguish him/herself. Employees receiving this rating should be a small percentage of the total workforce. If supervisors need assistance in completing the evaluation, they should contact the Human Resources Department for guidance. 8. Complaint Procedure Employee complaints regarding performance evaluations or any other application of this policy may be filed as a grievance in accordance with the appropriate bargaining contract for all bargaining employees. Non -bargaining employees may file complaints regarding performance evaluations or any other application of this policy in accordance with Section 17 of the Fringe Benefits and Policies for Non -Bargaining Regular Employees handbook. 9. Effective Date This policy shall become effective on July 1, 2020. n IX Non -Bargaining Unit Salary Schedule Effective Date: PAY GRADE 1 Class Title Minimum Mid -Point Maximum Youth Pavillion Manager (C&A) Hourly $15.00 $19.18 $23.37 Facilities Service Specialist (C&A) Bi-Weekly $1,200.00 $1,534.40 $1,869.60 Technician/Preparator (C&A) Annually $31,200.00 $39,894.40 $48,609.60 Animal Control Services Specialist PAY GRADE 2 Class Title Minimum Mid -Point Maximum Registrar (C&A) Hourly $17.55 $22.72 $27.90 Development Marketing Manager (C&A) Bi-Weekly $1,404.00 $1,817.60 $2,232.00 Facilities Services Manager (C&A) Annually $36,504.00 $47,257.60 $58,032 Facilities Specialist (LS) Aquatics Member Service Specialist (LS)(SP) Customer Service Specialist (LS) (SP) Fitness Specialist (LS) (SP) Recreational Specialist (LS) (YA) PAY GRADE 3 Class Title Minimum Mid -Point Maximum Administrative Secretary Hourly $21.37 $26.90 $32.43 Executive Secretary (Mayor) Bi-Weekly $1,709.60 $2,152.00 $2,594.40 Curator (C&A) Annually $44,449.60 $55,952.00 $67,454.40 Events Coordinator (C&A) Education Coordinator (C&A) Legal Secretary Cable TV Production Asst. (Tech Services) Recreation Bookkeeper (C&A) Project Specialist (CD) Housing Authority Maintenance (HA) Facilities Specialist (LS) Human Rights Specialist Recreational Specialist (LS) Medical Services Specialist (FD) Bookkeeper (Airport) (HA) Rehabilitation Specialist (CD) Assistant Arena Manager (LS) (YA) Permit Writing Specialist (Building Inspection) Office Coordinator/Bookkeeper (LS) (Parks) PAY GRADE 4 Class Title Minimum Mid -Point Maximum Human Resources Specialist (HR) Hourly $25.90 $31.70 $37.50 Housing Coordinator (HA) Bi-Weekly $2,072.00 $2,536.00 $3,000.00 Deputy City Clerk Annually $53,872.00 $65,936.00 $78,000.00 Financial Analyst (Finance) Neighborhood Services Coordinator (CD) Senior Rehabilitation Specialist (CD) WHA Inspector Supervisor (HA) Cable TV Production Coordinator (MIS) Communications Manager (Mayor) Recreation Supervisor (LS) (SP) Community Development Coordinator (CD) Business Office Manager (Library) Information Technology Manager (Library) Youth and Teen Services Manager (Library) Marketing & Volunteer Manager (Library) Adult Services Librarian (Library) PAY GRADE 5 Class Title Minimum Mid -Point Maximum Human Resource Manager Hourly $30.43 $36.50 $42.57 Operations Supervisor -Sanitation (PW) Bi-Weekly $2,434.40 $2,920.00 $3,405.60 Operations Supervisor -Street (PW) Annually $63,294.40 $75,920 $88,545.60 Golf Manager (LS) Regional Training Center Coordinator (FD) Forestry Coordinator (LS) (Parks) Arena Manager (LS) (YA) Facilities Manager (LS) (Parks) Circulation Technical Services Manager (Library) PAY GRADE 6 Class Title Minimum Mid -Point Maximum Culture & Arts Director Hourly $35.50 $41.57 $47.64 City Clerk Bi-Weekly $2,840.00 $3,325.60 $3,811.20 Housing Authority Director (HA) Annually $73,840.00 $86,465.60 $99,091.20 Human Rights Director City Planner (PZ) Traffic Operations Director (PW) Community Development Director (CD) Battalion Chief (FD) Recreation Services Manager (LS) (SP) Building Official (Building/Inspections) PAY GRADE 7 Class Title Minimum Mid -Point Maximum Assistant Leisure Services Director Hourly $40.57 $49.14 $57.71 Assistant Director -Treatment Operations (WM) Bi-Weekly $3,245.60 $3,931.20 $4,616.80 Assistant City Engineer Annually $84,385.60 $102,211.20 $120,036.80 Human Resources Director PAY GRADE 7 CONTINUED Class Title Minimum Mid -Point Maximum Major (PD) Hourly $40.57 $49.14 $57.71 Leisure Services Director Bi-Weekly $3,245.60 $3,931.20 $4,616.80 Waste Management Director Annually $84,385.60 $102,211.20 $120,036.80 Director of Information Technology Police Captain PAY GRADE 8 Class Title Minimum Mid -Point Maximum Chief of Fire Services Hourly $48.14 $57.69 $67.25 Community Planning & Development Director Bi-Weekly $3,851.20 $4,615.20 $5,380.00 Division Manager Public Works Annually $100,131.20 $119,995.20 $139,880.00 Airport Director City Engineer Library Director Police Chief Chief Financial Officer City Attorney CITY OF WATERLOO Council Communication Update on University Avenue construction and review of planned enhancements. City Council Meeting: 12/16/2019 Prepared: 12/10/2019 REVIEWERS: Department Reviewer Action Date Engineering ineering Feeble, [e e, Keiiey Approved 12/ 10/: 019 ... .i P SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Update on University Avenue construction and review of planned enhancements. Submitted By: Jamie Knutson, PE, City Engineer CITY OF WATERLOO Council Communication Review of edits to Title 1 of the City Code. City Council Meeting: 12/16/2019 Prepared: 8/1/2019 REVIEWERS: Department Reviewer Action Date t"ieuk Office p elld:de, Kelley Aprproved. 8/1/2019 57 I. N4 ATTACHMENTS: Description Type Edits as proposed11ackuj I SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Review of edits to Title 1 of the City Code. Submitted By: Kelley Felchle, City Clerk We will begin discussion at Chapter 7. Revisions to Title 1 of the Waterloo City Code First Draft to Council — 5/31/2019 RULES OF PROCEDURES INCORPORATED INTO CITY CODE Table of Contents CHAPTER 1 OFFICIAL CITY CODE 2 CHAPTER 2 MUNICIPAL CHARTER AND SEAL 5 CHAPTER 3 GENERAL PENALTY 6 CHAPTER 4 ROLES AND DECORUM OF ELECTED OFFICIALS 7 CHAPTER 5 MEETINGS AND AGENDAS 9 CHAPTER 6 RULES OF PROCEDURE 144-3 ARTICLE A CONFIDENTIAL INFORMATION 19444 ARTICLE B CENSURE OF ELECTED OFFICIALS 2120 CHAPTER 7 MUNICIPAL OFFICIALS 3028 ARTICLE A. CITY CLERK 302-8 ARTICLE B. CITY ATTORNEY 3230 ARTICLE C. CHIEF FINANCIAL OFFICER 3 324 CHAPTER 8 MUNICIPAL DIVISIONS AND DEPARTMENTS 1735 ARTICLE A. DIVISION OF ARTS AND LEISURE 3836 ARTICLE B. DIVISION OF COMMUNITY PLANNING AND DEVELOPMENT 3836 ARTICLE C. DIVISION OF PUBLIC WORKS 404-g ARTICLE D. AIRPORT 4244) ARTICLE E. FIRE RESCUE 4344 ARTICLE F. HUMAN RESOURCES 4442 ARTICLE G. HUMAN RIGHTS COMMISSION 4543 ARTICLE H. LIBRARY 4543 ARTICLE I. POLICE DEPARTMENT 4543 ARTICLE J. TECHNOLOGY SERVICES 484€ CHAPTER 9 MUNICIPAL ELECTIONS 626I0 CHAPTER 10 MUNICIPAL FINANCES 79;8 ARTICLE A. HOTEL AND MOTEL TAX 83-84 Note: Words in red with a strike through effect are proposed deletions. Words in blue with an underline effect are proposed additions. (CHAPTER 1 OFFICIAL CITY CODE 1-1-1: CODE DESIGNATED: 1-1-2: RULES OF CONSTRUCTION, DEFINITIONS: 1-1-3: CATCHLINES: 1-1-4: EFFECT OF REPEALS: 1-1-5: ALTERING THE CODE: 1-1-6: AMENDMENTS TO CODE: 1-1-7: SEVERABILITY: 1-1-1: CODE DESIGNATED: The ordinances embraced in the following titles, chapters and sections constitute and are designated the CITY CODE OF THE CITY OF WATERLOO, IOWA, and may be so cited. (1970 Code, § 1-1) 1-1-2: RULES OF CONSTRUCTION, DEFINITIONS: In the construction of this code, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or repugnant to the context of the provisions: CITY: The city of Waterloo, Iowa, and extended to its several officers, agents and employees. CITY ATTORNEY: The chief legal officer of the city, and includes the city solicitor. CITY CLERK: The city clerk of the city. COMPUTING TIME; HOLIDAYS: In computing time, the first day shall be excluded and the last included, unless the last day falls on Sunday, in which case the time prescribed shall be extended so as to include the whole of the following Monday; provided that, whenever the last day for the commencement of any action or proceedings, the filing of any pleading or motion in a pending action or proceedings or the perfecting or filing of any appeal from the decision of any court, board, commission or official falls on a Saturday, a Sunday or any recognized legal holiday, the time therefor shall be extended to include the next day which is not a Saturday, Sunday or such legal holiday. COUNTY: The county of Black Hawk in the state of Iowa. DELEGATION OF AUTHORITY: Whenever a provision appears requiring an officer of the city to do some act or make certain inspections, it is to be construed to authorize the officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise. GENDER: Words importing the masculine gender only shall -be extended to females. Updated Draft 12/16/2019 2 Comment [ALO1]: First Reading of Ordinance on 12/16/2019. Ordinance only contains changes in this chapter listed in red and blue. JOINT AUTHORITY: Words giving a joint authority to three (3) or more public officers or other persons shall be construed as giving such authority to a majority of them, unless it is otherwise expressed. LAND, REAL ESTATE: The word "land" and phrases "real estate" and "real property" include land, tenements, hereditaments and all rights thereto and interest therein, equitable as well as legal. MONTH, YEAR: The word "month" means a calendar month and the word "year" means a calendar year. NUMBER: Words incorporating the singular number may be extended to several persons or things, and words importing the plural number may be applied to one person or thing. OATH OR AFFIRMATION: The word "oath" includes affirmations in all cases where an affirmation may be substituted for an oath, and in like cases the word "swear" includes "affirm". OFFICIALS, BOARDS, COMMISSIONS, ETC.: Whenever reference is made to officials, boards and commissions by title only, i.e., "council", "clerk", "the mayor" etc., they shall be deemed to refer to the officials, boards and commissions of the city of Waterloo. OR, AND: "Or" may be read "and", and "and" may be read "of' if the sense requires it. PERSON: Includes and is applied to corporations, associations, clubs, societies, firms, partnerships, municipalities and bodies politic and corporate as well as to individuals. PERSONAL PROPERTY: Includes money, goods, chattels, evidences of debt and things in action. PROPERTY: Includes real and personal property. STATE: The state of Iowa. TENSE: Words used in the present or past tense include the future as well as the present and past. WORDS AND PHRASES: Words and phrases shall be construed according to the context and the approved usage of the language; technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, shall be construed according to such mean ing. WRITTEN, IN WRITING: Any mode of representing words and letters in general use, except that signatures, when required, must be made by the writing or mark of the person. (1970 Code, § 1-2; amd. 2001 Code) Updated Draft 12/16/2019 3 1-1-3: CATCHLINES: Unless set out in the body of the section itself, the catchlines of the several sections and/or subsections of this code do not constitute any part of the law, and are intended merely to indicate, explain, supplement or clarify the contents of a section and/or subsection. (1970 Code, § 1-3) 1-1-4: EFFECT OF REPEALS: The repeal of an ordinance does not revive an ordinance previously repealed, nor affect any rights which have accrued, any duty imposed or any proceedings commenced under or by virtue of the ordinance repealed. (1970 Code, § 1-5) 1-1-5: ALTERING THE CODE: It is unlawful for any person to change or amend, by additions or deletions, any part or portion of this code, or to insert or delete pages, or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the city to be misrepresented thereby. (1970 Code, § 1-6) 1-1-6: AMENDMENTS TO CODE: All ordinances passed subsequent to this code which amend, repeal or in any way affect this code, may be numbered in accordance with the numbering system of this code and printed for inclusion herein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions may be excluded from this code by omission from reprinted pages. The subsequent ordinances, as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this code and subsequent ordinances numbered or omitted are readopted as a new code. Amendments to any of the provisions of this code may be made by amending such provisions by specific reference to the section number of this code in substantially the following language: "That section of the city code of Waterloo, Iowa, is hereby amended to read as follows:...". The new provision shall then be set out in full as desired. In the event a new section not heretofore existing in this code is to be added, the following language may be used: "That the city code, city of Waterloo, Iowa, is hereby amended by adding a section, to be numbered , which said section reads as follows:...". The new section shall then be set out in full as desired. (Ord. 3522, 1-25-1988; amd. Ord. 3855, 4-13-1992) 1-1-7: SEVERABILITY: The sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared invalid, unenforceable or unconstitutional by the valid judgment or decree of a court of competent Updated Draft 12/16/2019 4 jurisdiction, such invalidity, unenforceability or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. (1970 Code, § 1-4) CHAPTER 2 MUNICIPAL CHARTER AND SEAL 1-2-1: MUNICIPAL CHARTER: 1-2-2: MUNICIPAL SEAL: 1-2-1: MUNICIPAL CHARTER: A. Purpose: The purpose of this section is to provide for a charter embodying the form of government existing on July 24, 1972. B. Citing Charter: This section may be cited as the CHARTER OF THE CITY OF WATERLOO, IOWA. C. Form of Government: The form of government of the city is the mayor -council form of government. D. Powers and Duties: The city council and mayor and other city officers have such powers and shall perform such duties as are authorized or required by state law and by the ordinances, resolutions, rules and regulations of the city. E. Number and Term of Council: The city council shall consist of two (2) councilpersons elected at large and one councilperson from each of the five (5) wards as established by ordinance, elected to hold office as follows: 1. In the election to be held in 1993, the councilpersons from wards one, three and five shall be elected for a term of four (4) years. The councilpersons from wards two and four shall be elected for a term of two (2) years. The at -large councilperson who receives the highest number of votes is elected for a four (4) year term; the other is elected to a two (2) year term. 2. Thereafter, each councilperson shall be elected for a term of four (4) years. F. Term of Mayor: The mayor is elected for a term of two (2) years. G. Copies on File: The city clerk shall keep an official copy of this charter on file with the official records of the city clerk, shall immediately file a copy with the secretary of the state of Iowa, and shall keep copies of the charter available at the city clerk's office for public inspection. (Ord. 2603, 8-14-1972; amd. Ord. 3856, 4-13-1992) Updated Draft 12/16/2019 5 Comment [ALO2]: First Reading of Ordinance on 12/16/2019. Ordinance only contains changes in this chapter listed in red and blue. 1-2-2: MUNICIPAL SEAL: A seal, having in the center the words "WATERLOO, IOWA", and around the margin the words "City Seal", be and the same is hereby declared to be the common seal of the city. The city clerk shall procure such a seal, ayor shall -have the custody of the seal,. and cause it to be affixed to all transcripts, orders,. or certificates, which it may be necessary or proper to authenticate. (Rev. Ord. 1188, Comp. 1941, p. S-9) (CHAPTER 3 GENERAL PENALTY( 1-3-1: GENERAL PENALTY: 1-3-2: MUNICIPAL INFRACTIONS: 1-3-1: GENERAL PENALTY: The doing of any act prohibited or declared to be unlawful or a misdemeanor by this code, or the omission or failure to perform any act or duty required by this code is, unless another penalty is specified, punishable by a fine not to exceed the maximum fine and term for imprisonment for a simple misdemeanor under Section 903.1(1)(a) of lowa Code.in a sum not exceeding five 1-3-2: MUNICIPAL INFRACTIONS: A. Definitions: As used in this section, or with reference hereto, the following words and terms shall have the meaning ascribed thereto: MUNICIPAL INFRACTION: The doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor, by this code or any ordinance or code hereby adopted by reference, or omission or failure to perform any act or duty requested by this code or any ordinance or code herein adopted by reference._ A violation shall not be a municipal infraction if it is a felony, an aggravated misdemeanor or a serious misdemeanor under state law or if the violation is a simple misdemeanor under Iowa Code chapters 687 through 747. A municipal infraction is punishable by civil penalty as provided herein. OFFICER: Any employee or official authorized to enforce this code of the city of Waterloo. REPEAT OFFENSE: A recurring violation of the same section of this code. B. Adoption of Iowa Code On Municipal Infractions: Iowa Code section 364.22, municipal infractions, is hereby adopted by reference, in its entirety. All amendments to Iowa Code section 364.22 shall automatically modify this section. (Ord. 4920, 7-14-2008) Updated Draft 12/16/2019 6 Comment [ALO3]: First Reading of Ordinance on 12/16/2019. Ordinance only contains changes in this chapter listed in red and blue. C. Penalties: The civil penalties for municipal infractions will be in line with maximums allowed by state law. (Ord. 5133, 10-1-2012) D. Notice of Violation: Any act constituting a municipal infraction under this code may be initially charged upon simple notice of violation. The city may serve a notice of violation upon a party charged with an act constituting a municipal infraction either by delivering said notice personally or by certified mail to the party's last known address. A person who admits the reported violation may remit payment of the penalty to the city and perform any other act required to be performed, and in such event the person charged shall not be further prosecuted by issuance of a municipal infraction citation and will not be assessed any costs or other expenses for such violation. The city shall retain all penalties thus collected. If the person charged denies the reported violation or fails to timely perform any act required to be performed by the notice of violation, a civil municipal infraction citation shall be served in the manner prescribed by the applicable provision(s) of this code. Nothing in this section imposes a duty on the city or any officer to initially charge any act or all acts constituting a municipal infraction upon simple notice of violation, and the officer charged with enforcement may initially issue a civil municipal infraction citation seeking a civil penalty with or without additional relief. (Ord. 4920, 7-14- 2008) €-Adminiatrutive Fees: If an officer of the code enforcement division i3 required in the same •i-tation, and/or a notice of abatement—f roperty owner for an offense at the-st sty, arr ire proper�n€i Hal notice eitatiens =n try a a r year the adm-in tra fee shall be three-htr {300.00). The city clerk shall mail a statement of the add- 4+r,, ai • +r •Fty �:.i`s-r ra��r44e`vYicr-iiiiil-`v'. pc'rxi� �.�.ix-l'ic..rscrri`c�in vrcaxe piiipa. county. Notice shall be by ordinary snail. Said statement shall he due and payable upon mailing anti-4 al I become -dam p ' Eir tc (ter y g zatirig date c agains e lawparty who wishes le an appeal in the manner prescr epeat offenses, but ifl-tended to ie enforcement oflic 2(4441-) CHAPTER 4 ROLES AND DECORUM OF ELECTED OFFICIALS 1-4-1: ROLE OF MAYOR AND COUNCIL: 1-4-2: COUNCIL MEMBER COMMUNICATIONS WITH CITY EMPLOYEES: 1-4-3: COUNCIL MEMBERS AND THE EMPLOYEE DISCIPLINARY PROCESS: 1-4-4: COUNCIL MEETING DECORUM: 1-4-5: SPEAKING DURING PUBLIC MEETINGS: Updated Draft 12/16/2019 7 1-4-1: ROLE OF MAYOR AND COUNCIL: A. Mayor: The mayor is the chief executive officer of the city, head of the executive branch of the city, ceremonial head of the City and, when present at a council meeting, is presiding officer of the council. As head of the executive branch of the city, the mayor oversees the daily administration of the city by supervising and directing all city employees and departments. The mayor shall recommend the appointment of department heads with the consent of council. B. Council: city council is the legislative body of the city and exercises its powers and duties as a quorum of council members during open meetings. Council is responsible for enacting laws and setting policy by which the city takes action. 1-4-2: COUNCIL MEMBER COMMUNICATIONS WITH CITY EMPLOYEES: A. Council members shall refrain from becoming directly involved in the administrative activities and daily responsibilities of employees. Council members may make inquiries of department heads or their designee, for the limited, legitimate purpose of informing themselves regarding agenda items or important affairs of an immediate and urgent nature. The mayor may choose to establish formal procedure for council -department head interaction and department head support of council committees. Council members may fully and freely discuss with the mayor anything pertaining to city affairs. B. City Council shall avoid situations that can result in city employees being directed, intentionally or unintentionally, by one or more members of the council. While council member interaction with the city's employees is unavoidable, giving direction in regard to other city employees, duties, working conditions, supervisors, etc., is discouraged. If an employee voices a concern or complaint with them, council members may listen to such concerns and complaints, and shall then refer any such complaints back to the mayor, or if the mayor is involved in the matter, to the human resources director, for follow up and action if needed. Council members may remind the city's employees that they have a number of resources at their disposal to address employment issues if needed, including the employee handbook, or following the grievance procedures set forth in their collective bargaining agreement in the case of a union employee. This section shall not be construed as prohibiting or discouraging employees from reporting criminal acts or serious acts of personal misconduct that violate the employee handbook. C. In situations in which an employee approaches a council member and the communication does not involve a complaint or concern with regard to other city employees, duties, working conditions, supervisors, or other terms of employment, council members may freely speak with the employee. 1-4-3: COUNCIL MEMBERS AND THE EMPLOYEE DISCIPLINARY PROCESS: Updated Draft 12/16/2019 8 Comment [ALO4]: 7/15/2019 - 32:54 A. Council members shall not become involved in disciplinary matters and the disciplinary or investigative process except where adopted city policy or state law may allow such participation. B. Council members shall operate within the city's established chain of command. The established chain of command requires the mayor, department heads, managers, and supervisors to oversee and direct their workforce on behalf of the city. The human resources director and mayor are required to ensure city policies are consistently applied across all departments. This is to avoid inconsistent or political influences in the investigative or disciplinary process, which may lead to arbitration, civil service proceedings, or litigation. 1-4-4: COUNCIL MEETING DECORUM: A. The presiding officer shall preserve order and decorum, prevent attacks on personalities and the impugning of members' motives, confine members in deliberation and debate to the question under discussion, and decide all questions of order. B. Every member of the public and every council member desiring to speak shall address the presiding officer, only upon recognition by the presiding officer, and shall confine comments to the question under debate, avoiding inappropriate language and personal attacks. 1-4-5: SPEAKING DURING PUBLIC MEETINGS: A. When two or more council members address the presiding officer at once, the presiding officer shall name the member who is to speak. Council members shall refrain from discourse while another member or the presiding officer is speaking. Cell phone and email use shall be limited during any city council meeting. Exceptions may be granted at the discretion of the presiding officer. B. Council members shall only speak once until each member choosing to speak shall have spoken. C. Council members shall only have the floor for a maximum of three minutes each time they have the floor. Council members may request time in addition to the allotted three minutes. Such requests for additional time shall be made to the presiding officer and granted at the presiding officer's discretion. D. The presiding officer may make a call to order if a council member violates rules of decorum, and upon such a call, the council member shall immediately cease speaking. The council member may appeal to the presiding officer for an opportunity to explain the remarks. If no appeal is made, the decision of the presiding officer shall be conclusive, but if the member shall appeal from the decision of the presiding officer, the council shall decide the question without debate by majority vote. CHAPTER 5 MEETINGS AND AGENDAS Updated Draft 12/16/2019 9 [ Comment [ALO5]: 7/15/2019 - 66:53 -'� Comment [ALO6]: 7/15/2019 - 53:28 1-5-1: QUORUM: 1-5-2: METHOD OF KEEPING MINUTES: 1-5-3: ORDER OF SEATING: 1-5-4: MEETINGS: 1-5-5: STANDING COMMITTEES OF COUNCIL: 1-5-6: SPECIAL COMMITTEES: 1-5-7: COUNCIL MEMBER ABSENCE: 1-5-8: COUNCIL PARTICIPATION VIA TELEPHONE: 1-5-9: ORDER OF BUSINESS FOR REGULAR MEETINGS: 1-5-10: AFFIRMATIVE MOTIONS 1-5-11: PLACING ITEMS ON THE AGENDA: 1-5-1: QUORUM: A majority of the whole number of members of the council to which the city is entitled shall be necessary to constitute a quorum. The number of members needed for a quorum of the city council is four (4). Less than a quorum may adjourn and compel the attendance of members. 1-5-2: METHOD OF KEEPING MINUTES: A. Minutes of all meetings shall be maintained by the city clerk as a permanent record. A record shall be made of the names and addresses of persons addressing council and a summary of their remarks. Minutes shall be available for viewing by any member of the public during normal city hall business hours as soon as the minutes of the meeting are complete. Minutes shall be made available no later than the close of business on the Friday prior to the next regular council meeting. B. Council members shall notify the city clerk prior to the start of the meeting if a correction to the previous meeting's minutes is suggested to allow the city clerk time to verify that such a correction is required. 1-5-3: ORDER OF SEATING: Council members shall occupy the respective seats in the council chambers assigned to them by the mayor. 1-5-4: MEETINGS: A. Regular Meetings: Regular meetings of the city council shall be held on the second and fourth first four Mondays of each month at the council chambers in the city hall at five thirty o'clock (5:30) P.M., or at such other designated place other than the council chambers pursuant to Subsection D of this section; however, when a meeting date falls on a day designated by the city as a holiday, then the regular meeting shall be held on the following evening at five thirty o'clock (5:30) P.M. in the council chambers at the city hall, or at such other designated place other than the council chambers. The city council may adjourn a regular meeting to any date it may deem proper. Updated Draft 12/16/2019 10 --�Comment [ALO7]: Delete second and fourth - 7/22/2019 Comment [ALO8]: Change to 4 meetings per month — 7/22/2019— 28:14. B. Special Meetings: Special meetings of the city council may be called by the mayor or by any four (4) council members, by serving a written notice of the special meeting to the city clerk not less than 72 hours prior to the meeting. Only such business may be transacted at a special meeting as is mentioned or referred to in the notice of the meeting. Special meetings shall be held in the council chambers, unless the council by resolution designates a different place of meeting. Notice of such change of meeting place shall be given to the public by publication. The city clerk shall deliver notice of the meeting to council members via email and to their city - issued mailbox no later than 24 hours prior to the meeting. Every attempt shall be made to confirm council members are in receipt of the notice of special meeting and are aware that said meeting is to take place. C. Work Session: Work session meetings of the city council may be held on the same day as a regular session meeting to review matters which are expected to come before city council for formal action at a regular meeting or otherwise need study and advance consideration. Items to be considered shall be listed on the agenda and shall state the approximate start time for each item following the first. Council recommendations for future action, when necessary, shall be made in the form of a motion and approved by a majority vote. Motions made during work sessions shall be limited to recommendations for further study, placing a topic on a regular or special session agenda for a vote, to cease further action, or to delay discussing a topic until a certain date. Motions made during work sessions shall not bind council members to vote in favor or against an item on a regular or special session agenda. D. Change of Location: Regular, special, or work session meetings of the city council may be held at such other designated place other than the council chambers in the city hall as the city council may deem advisable; provided, however, such designation of a meeting place other than the council chambers in the city hall shall be by city council resolution. Notice of such change of meeting place shall be given to the public by publication as provided by Iowa Code section 362.3. 1-5-5: STANDING COMMITTEES OF COUNCIL: The mayor may create and appoint no fewer than three council members to standing committees of the council. Committee members shall be appointed at the first meeting in January or at the time a vacancy occurs. A chair shall be selected from the members of the committee. Nothing shall preclude the council from acting as deemed necessary without the input of a committee in the case of an emergency to appropriately and properly conduct the business of the city. Each of the following committees shall specifically be assigned the following responsibilities and other duties as deemed appropriate: 1. Finance Committee: This committee shall review travel requests, budget line item amendments, expenditure pre -authorizations, and refund requests for sanitation services in accordance with city finance policies and procedures. The committee shall meet prior to each regular session. 1-5-6: SPECIAL COMMITTEES: Updated Draft 12/16/2019 11 Comment [ALO9]: Strike 7/22/2019 — 36:18. On 9/16/2019 council agreed to allow votes to take place during a work session. A. The mayor or a quorum of the council may appoint members to temporary advisory or ad hoc committees consisting of council members, staff, and/or private citizens, as deemed desirable and necessary to assist and advise the mayor or council. Members of council -appointed committees shall abide by Iowa Open Meeting Laws. B. The special committee shall prepare and deliver a final report of its findings to the Mayor if created by the Mayor or Council if created by the Council. The special committee shall be considered discharged upon delivery of the final report. 1-5-7: COUNCIL MEMBER ABSENCE: Council members who are unable to attend a scheduled meeting shall may Inotify the mayor and city clerk prior to the meeting. 1-5-8: COUNCIL PARTICIPATION VIA TELEPHONE: A Council member who is physically unable to attend a meeting may participate via telephone. They shall provide a reliable telephone number, a quiet environment, join the meeting by 5:30 p.m., and attempt to remain on the phone for the entire meetinn 1-5-9: ORDER OF BUSINESS FOR REGULAR MEETINGS: A. Business for a regular meeting may be ordered as follows: Roll Call Prayer Invocation or Moment of Silence Pledge of Allegiance Approval of Agenda, as proposed or amended Approval of Minutes of the previous meeting Presentations or Recognitions Public comment Consent Agenda (The Consent Agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without separate discussion. Council shall either vote vea or nay when the roll is called. Council may remove an item from the Consent Agenda and consider it separately.) Items that may appear on the Consent Agenda include but are not limited to the following: 1. Resolution of bills 2. Setting date of public hearing 3. Assessment cancellation 4. Water kill 5. CLURA/CURA applications 6. Waiver for a concrete driveway application 7. Parade route/street closure 8. Noise variance 9. Travel request approval Updated Draft 12/16/2019 12 Comment [AL010]: Strike shall and insert may — 7/22/2019 — 52:08. Comment [ALO11]: 7/22/2019 — 55:48. Comment [AL012]: Strike prayer and insert invocation 8/19/2019 — 34:17. 10. License/Permit approval 11. Board/Commission/Employee appointments 12. Bonds Remainder of the Agenda may include but is not limited to the following: 1. Public Hearings 2. Resolutions 3. Ordinances 4. Other Council Business (Reserved for approval of non -routine motions and revocation hearings.) 5. Executive Session 6. Adjournment B. The mayor or council shall have the authority to vary from this schedule to expedite the conduct of business or accommodate persons havine business to be considered by council. 1-5-10: AFFIRMATIVE MOTIONS All motions, resolutions, ordinances shall be listed on the agenda in the form of an affirmative motion to enact, adopt, approve or other appropriate language. The council members who move and second the motion are not required to vote in favor of the item during the roll call or voice vote. 1-5-11: PLACING ITEMS ON THE AGENDA: A. All agenda items and supporting materials are due to the city clerk's office at a date and time designated by the city clerk on the Wednesday preceding the regular Council meeting. The process for adding items to the agenda varies for staff, council, and the mayor. Agenda items shall be added as follows: 1. Mayor and Staff: Mayor and staff members shall submit agenda items using the agenda management software. 2. Council: Council members shall submit i-egular session agenda items to the mayor and shall do so by the deadline designated by the city clerk. Items submitted by council shall be reviewed by the city attorney, city clerk, or appropriate staff and be placed on a work session agenda for discussion and review prior to being placed on the regular agenda for a vote. B. The finalized agenda and packet shall be available to the public at the close of business of the Friday preceding the council meeting. The mayor has final approval of all items listed on the agenda. Once finalized, the mayor may withdraw any item prior to the council meeting and shall do so in writing in the form of an amendment notice provided to council at the start of the meeting. The amendment notice shall include a reason for withdrawing the item. Council may choose to keep the item on the agenda by a majority vote. Updated Draft 12/16/2019 13 Comment [ALO13]: 8/19/2019 — 35:56. Council may want to consider inserting work sessions. The sentence would then read as follows: Council members shall submit regular session and work session agenda items to the mayor and shall do so by the deadline designated by the city clerk. CHAPTER 6 RULES OF PROCEDURE 1-6-1: PRESIDING OFFICER: 1-6-2: DEBATE AND VOTING: 1-6-3: MOTION: 1-6-4: RESOLUTION: 1-6-5: ORDINANCE: 1-6-6: TIE VOTE: 1-6-7: ABSTENTIONS: 1-6-8: CONFLICT OF INTEREST: 1-6-9: CONFLICT OF INTEREST PROTESTS: 1-6-10: MOTION TO RECONSIDER: 1-6-11: MOTION TO RESCIND: 1-6-12: GENERAL RULES FOR PUBLIC PARTICIPATION: 1-6-13: PUBLIC COMMENT: 1-6-14: PUBLIC HEARINGS : 1-6-15: PUBLIC SPEAKING DURING AGENDA ITEMS: 1-6-16: VIOLATING RULES OF PUBLIC PARTICIPATION AND SERGEANT AT ARMS: 1-6-17: PARLIAMENTARY RULES TO GOVERN: 1-6-1: PRESIDING OFFICER: A. The Mayor shall be the presiding officer of the Council. In the mayor's absence, the mayor pro tem shall be the presiding officer. The mayor pro tem shall immediately relinquish the chair upon arrival of the Mayor. In the absence of the Mayor and the mayor pro tem, the city clerk shall call the meeting to order, and a temporary presiding officer shall then be selected by majority vote of the council members present. Upon arrival of the mayor or mayor pro tem, the temporary presiding officer shall immediately relinquish the chair. B. The major functions of the presiding officer during council meetings include but are not limited to the following: 1. Call the meeting to order. 2. Announce the order of business as provided in the agenda. 3. State motions on the table and who opens debate. 4. Put motions to a vote, when appropriate. 5. Announce the council's decision on all subjects. 6. Prevent irrelevant or frivolous debate or discussion. Updated Draft 12/16/2019 14 Comment [ALO14]: Renumber starting at 1-6-5 7. Maintain order and decorum. 8. Decide all questions of order. 9. Enforce city rules or policies pertaining to council meeting procedure. 10. Recognize right of council to appeal parliamentary procedure. C. A member of council may appeal a parliamentary decision made by the presiding officer. If an appeal is made, council shall decide the question by a majority vote. 1-6-2: DEBATE AND VOTING: A. The mayor as presiding officer may debate, but may not make, a motion or vote. The mayor pro tem as presiding officer or a temporary presiding officer may debate, vote as a regular council member, and retain all the powers of a council member. The presiding officer is subject to the limitations of debate that are imposed on all council members. B. The mayor pro tem or a temporary presiding officer shall be counted as a council member when determining whether a quorum exists. C. The mayor pro tem or temporary presiding officer shall affix his or her signature on documents that require the Mayor's signature. With regard to measures passed by the council, the mayor pro tem may sign the measure or may take no action as provided by Iowa Code 380.6(3), in which case the measure becomes effective pursuant to said Section. However, the mayor pro tem or temporary presiding officer shall not have the power to veto a measure. In the event the mayor pro tem or temporary presiding officer takes no action on a measure and the mayor resumes his or her office within fourteen days of the measure's passage by the council, the mayor may sign or veto the measure within the fourteen -day period. 1-6-3: MOTION: A. No motion shall be put or debated unless seconded. When a motion is seconded, it shall be stated by the mayor before debate, and every motion shall be reduced to writing if required by the mayor or any councilperson. B. After a motion or resolution is stated by the mayor, it shall be deemed to be in possession of the council, but may be withdrawn at any time before decision; however, if any amendment has been proposed or adopted, the motion or resolution shall not be withdrawn without the consent of the mover of the amendment. C. If a question in debate contains several distinct propositions, any member may have the question divided when the sense admits of it, prior to the vote thereon. D. In all cases where a resolution or a motion is entered on the minutes of the council, the name of the council member moving the resolution or motion shall also be entered. Updated Draft 12/16/2019 15 1-6-4: RESOLUTION: A. Mayor and Staff: Mayor and staff members shall submit resolutions to the agenda in accordance with section 1-5-11(A)(1) of this code. B. Council members shall submit proposed resolutions in accordance with Section 1-5-11(A)(2) of this code. 1-6-5: ORDINANCE: A. The following procedure shall be followed for adopting an ordinance: 1. The ordinance must shall be reviewed by the city attorney, Of city clerk, or mayor, }then be placed on a work session agenda for review by council. A draft of the ordinance shall be included in the council packet. Unless further discussion is required, the ordinance shall be placed on the next regular meeting agenda. 2. The title of each ordinance shall in all cases be read prior to its passage. A council member may make a motion to amend language in the ordinance prior to the adoption of the first reading. The city attorney or city clerk shall make a determination of whether the material language of the amendment is appropriate prior to council members taking a vote. Following approval of the first reading, council members shall not make motions to amend the proposed ordinance to make material changes to the language. Non - substantive edits such as corrections for spelling or punctuation errors shall be allowed. 3. If an ordinance fails at any stage of its adoption, the ordinance shall be considered defeated. 4. Traffic and zoning ordinance changes are not required to be placed on a work session for discussion prior to a vote on the regular agenda. B. In all cases of adoption, repeal or amendment of an ordinance, the ayes and nays shall be taken and entered on record, but a failure thus to enter them shall not invalidate the action of the council. In all other cases, if any member of the council requires it, and his motion is seconded, the ayes and nays on any question shall be taken and entered upon the minutes. 1-6-6: TIE VOTE: When a tie vote occurs, the motion fails. 1-6-7: ABSTENTIONS: All council members are required to vote on an item unless they have a direct interest, in which case, they shall abstain from voting. A direct interest could be a familial, business, or financial tie to an agenda item. Abstentions shall only be used in the case of a conflict of interest. An Updated Draft 12/16/2019 16 Comment [ALO15]: 8/19/2019-46:30. Comment [ALO16]: Renumber to 1-6-5 Comment [ALO17]: Change from must to shall for consistency. Comment [ALO18]: Add "or mayor' 8/19/2019 — 41:45. After reviewing the video from 8/19/2019, I believe there was some confusion behind the purpose of 1- 6-4 vs. 1-5-11 and that confusion is due in part to the lack of a reference to 1-5-11 in this section. All ordinances, regardless of who proposed the ordinance, need to follow the process outlined in this section. The differentiation of where the process starts for staff/mayor/council is addressed in 1-5-11. I would propose clarifying how a council member proposes a new ordinance by adding a new section C to read as follows: C. Council members shall submit new ordinance proposals to the mayor. The ordinance shall be reviewed by the mayor, city attorney, city clerk, or other appropriate staff and be placed on a work session agenda for discussion and review prior to being placed on the regular session agenda for a vote. ( Formatted: Strikethrough Comment [ALO19]: Renumber to 1-6-6 ( Comment [ALO20]: Renumber to 1-6-7 abstention declared for any reason other than a conflict of interest shall be recorded as a vote in the affirmative. 1-6-8: CONFLICT OF INTEREST: A. Any council member present at any meeting may disqualify themselves or abstain from voting in case of a conflict of interest, in which case the disqualification shall be publicly declared and a record made thereof. B. A conflict of interest shall be recorded in the minutes as an abstention and the vote shall be calculated based on the number of members not disqualified based on the conflict. 1-6-9: CONFLICT OF INTEREST PROTESTS: Council members seeking to disqualify a council member from participating in a decision based on a conflict of interest shall raise the challenge as soon as the basis for disqualification is made known or reasonably should have been made known prior to the issuance of the decision. Appeals shall be made to the presiding officer who will then confer with the city attorney. 1-6-10: MOTION TO RECONSIDER: A. A motion may be reconsidered at any time during the same meeting of the council or at the first meeting held thereafter. A motion for reconsideration being once made and decided in the negative, shall not be renewed before the next meeting. A motion to reconsider must be made by a member who voted on the prevailing side, or by those who were absent and did not vote upon the motion to be reconsidered. The motion may be seconded by any council member. B. If a motion to reconsider is not made at the first meeting after the meeting at which the item C. A motion to reconsider cannot be made to an affirmative vote on a contract after the other party to thc contract has bccn notified of thc affirmative vote. A. A motion to reconsider shall be made by a member who voted on the prevailing side, or by those who were absent and did not vote upon the motion to be reconsidered. The motion may be seconded by any council member. B. A motion may be reconsidered at any time during the same meeting of the council. A motion for reconsideration being once made and decided in the negative, shall not be renewed before the next meeting. A motion to reconsider may be made during the first meeting held after the item was considered by the council. A motion to reconsider shall be made during the other council business portion of the agenda. If the motion to reconsider is approved by majority vote, the agenda item will be placed on the agenda the following week for a vote. C. A motion to reconsider shall not be made after the first meeting held after the item was considered by the council. Updated Draft 12/16/2019 17 Comment [ALO21]: Leave as affirmative. 8/26/2019 — 26:17. Comment [AL022]: Renumber to 1-6-8 Comment [AL023]: Renumber to 1-6-9 Comment [AL024]: Renumber to 1-6-10 Comment [AL025]: Delete all original wording. D. A motion to reconsider cannot be made to an affirmative vote on a contract. 1-6-11: MOTION TO RESCIND: Council members may rescind any vote by a majority vote, provided notice of the motion �to rescind has been given at the previous meeting. If notice was not provided at a previous meeting, a vote may be rescinded by a two-thirds vote. City staff may place a motion to rescind on the agenda when it is procedurally necessary to rescind a vote. 1-6-12: GENERAL RULES FOR PUBLIC PARTICIPATION: A. At the presiding officer's discretion, individuals may address the presiding officer by stepping to the podium, and after recognition by the presiding officer, shall state their name, address and group affiliation, if appropriate, and speak clearly into the microphone. B. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. C. Individuals arc required to rcgistcr when speaking during the public comment portion of the agenda but do not have to rcgistcr to speak during public hearings or agenda itcros.1 B C. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. 1-6-13: PUBLIC COMMENT: A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes only if they have registered with the city clerk's office no later than 4:00 p.m. on the day of the council meeting. Individuals who have not registered shall not be permitted to speak during the public comment portion of the agenda. ICo,,nci w,e befs sl an t speak during trio time Individuals shall only speak on matters not listed on the regula special, work session agendas for that date. Any matter presented shall be directed to the presiding officer and addressed if necessary, after the meeting. B. Council members may speak during public comment portion of the agenda after the public has finished speaking. 1-6-14: PUBLIC HEARINGS: Individuals may speak during the public comment portion ofa scheduled Public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by 4:00 p.m. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. 1-6-15: PUBLIC SPEAKING DURING AGENDA ITEMS: Updated Draft 12/16/2019 18 Comment [AL026]: Revised motion to reconsider process per 8/26/2019 Work Session. Comment [AL027]: Renumber to 1-6-11 Comment [AL028]: Additional edit from Chris Wendland. Comment [AL029]: Renumber to 1-6-12 Formatted: Strikethrough ) Comment [ALO30]: Remove registration requirement for public comment 9/3/2019. Formatted: Strikethrough Formatted: Strikethrough - - [ Comment [ALO31]: Renumber to 1-6-13 Comment [AL032]: Change from two minutes to three minutes, 9/3/2019, 41:54. Comment [AL033]: Create new section that allows council to comment during the public comment portion of the agenda. 9/3/2019. Formatted: Strikethrough Formatted: Strikethrough 9 Formatted: Strikethrough Comment [AL034]: Allow public to speak to items listed on other agendas during public comment. Comment [AL035]: Additional edit from Chris Wendland. Comment [AL036]: Renumber to 1-6-14 Comment [AL037]: Additional edit from Chris Wendland. [ Formatted: Strikethrough Comment [AL038]: Renumber to 1-6-15 } At the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes when the council discusses agenda itemslfor a maximum of three (3) minutes. This section does not apply to businesses or parties directly involved in agenda items. 1-6-16: VIOLATING RULES OF PUBLIC PARTICIPATION AND SERGEANT AT ARMS: Violations of the rules for public participation listed in this chapter shall be addressed at the presiding officer's discretion. The chief of police or designee shall serve as the sergeant at arms for meetings of the council. The presiding officer may direct the sergeant at arms to eject anyone from the council meeting for disruptions of any kind. 1-6-17: PARLIAMENTARY RULES TO GOVERN: In all cases not provided for herein, the usual parliamentary rules which govern parliamentary bodies shall govern the city council, where they are applicable. ARTICLE A CONFIDENTIAL INFORMATION 1-6A-1: PURPOSE: 1-6A-2: SCOPE: 1-6A-3: INTERPRETATION: 1-6A-4: CONFIDENTIAL INFORMATION: 1-6A-5: CLOSED SESSIONS: 1-6A-6: VIOLATION: 1-6A-1: PURPOSE: The purpose of this article is to establish rules for elected officials and employees Concerning the dissemination of confidential information and emphasize their duty to protect the city from liability or financial loss by disseminating confidential infoiination. 1-6A-2: SCOPE: Confidential information shall include but not be limited to the following: Information deemed confidential pursuant to Iowa Code § 22 m;, information presented during closed session meetings, and legal, personnel, property, and economic development matters. Questions regarding whether information should remain confidential should be referred to the city attorney, city clerk, or appropriate staff member. 1-6A-3: INTERPRETATION: This article shall not be construed to prohibit reporting bona fide violations of law or city policy to a proper authority or agency for investigation. Updated Draft 12/16/2019 19 Comment [AL039]: Additional edit from Chris Wendland. Comment [ALO40]: Additional edit from Chris Wendland. Formatted: Strikethrough Comment [ALO41]: Renumber to 1-6-16 Comment [AL042]: Renumber to 1-6-17 Comment [AL043]: Make the article apply to elected officials and city staff - 9/16/2019 Work Session. Comment [AL044]: Correct code section is §22.7. Formatted: Strikethrough 1-6A-4: CONFIDENTIAL INFORMATION: A. Elected officials and employees shall respect the confidentiality of information concerning the property, personnel, or affairs of the city. An elected official or employee shall not knowingly disclose information that they know or reasonably should know is confidential information, regardless of the source of the information, without legal authorization. If an issue arises as to whether information is confidential, the city attorney shall provide a legal opinion. B. An elected official Apr employee shall not knowingly use or disclose any information gained in the course of or by reason of his or her official position, and which has not been made public, to advance his or her financial interests or to further the financial interests of any family member or business relationship. C. Elected officials and employees shall not disseminate information concerning pending or threatened litigation to which the city is a party or threatened to be made a party, which could reasonably be interpreted as an admission of liability on behalf of the city or which a reasonable person would interpret as being prejudicial to the interests of the city, unless compelled to do so by law. 1-6A-5: CLOSED SESSIONS: Information discussed or to be discussed in closed session is confidential, shall remain confidential, and is not to be discussed outside the closed session. Information discussed in closed session may be discussed during a regular session or special session of the city council when action is required by council. This section shall apply to any individual present for a close session meeting. 1-6A-6: VIOLATION: A. Disclosing confidential information may have detrimental effects on the city including its finances and reputation, elected officials individually, staff members, and citizens. Elected officials and employees are encouraged to ask questions and seek and heed the advice of city staff, insurance providers, and legal counsel when involved in matters that are confidential in nature. B. Complaints alleging violation of this article shall be reported in writing to the mayor, or if the mayor is involved, to the mayor pro tem. The complaint shall include specific, detailed information to support the allegation. The complaint shall then be referred to the city attorney or appropriate staff member for investigation. C. Violations of this article may include but are not limited to the following penalties: 1. Censure: Censure may apply to elected officials and proceedings shall be conducted in accordance with article 1-6B of this code. Censure should only be exercised when members can objectively prove a violation of the policy has occurred and can ensure that Updated Draft 12/16/2019 20 Comment [AL045]: Make the article apply to elected officials and city staff-9/16/2019 Work Session. Comment [AL046]: Make the article apply to elected officials and city staff - 9/16/2019 Work Session. Comment [AL047]: Make the article apply to elected officials and city staff - 9/16/2019 Work Session. Comment [AL048]: Make the article apply to elected officials and city staff-9/16/2019 Work Session. Comment [AL049]: Put period after closed session and clarify that confidential information discussed in closed session may be discussed in open session when action is required by council. 9/16/2019 26:47 Comment [ALO50]: Make the article apply to elected officials and city staff-9/16/2019 Work Session. Comment [ALO51]: Clarify that censure is for elected officials. Comment [AL052]: Make the article apply to elected officials and city staff - 9/16/2019 Work Session. Comment [AL053]: Strike this sentence until a new censure process is written and incorporated into the code. further disclosure of confidential information will not take place as a byproduct of censuring an elected official. 2. Willful Misconduct: Any disclosure of confidential information made without proper legal authorization shall be considered as willful misconduct or maladministration in office „s defned by Iowa C„de § tiff ➢ A 1 3. Personal 'Liability: An elected official may be personally liable if acts in the performance of a duty are performed with intentional misconduct or knowing violation of the law, or for a transaction from which the person derives an improper personal benefitsmalicc or if willful, wanton and reckless misconduct is proven as defined by Iowa Code § 670.12. 4. Exclusion from Liability Coverage: Liability arising out of any criminal, dishonest, fraudulent, or malicious wrongful act, or any knowing violation of rights or laws, committed by an elected official or with the consent or knowledge of the elected official may be excluded from coverage under the city's liability insurance. i&RTICLE B ENSURE OF ELECTED OFFICIALS' 1 6B 1: PURPOSE: 1 6B 2: CENSURE DEFINED: 1 6B 3: COMPLAINT PROCEDURE: 1 6B 4: RESOLUTION AUTHORIZING INVESTICATION: 1 6B 5: CENSURE INVESTICATION COMMITTEE: 1 6B 6: CENSURE HEARING: 1 6B 1: PURPOSE: Elected officials may pursue formal action in the form of censure to deter violations of federal. state, or municipal law and serious violations of adopted city policies. 1 6B 2: CENSURE DEFINED: Censure is a formal resolution reprimanding a council member or the mayor for specified conduct, generally a violation of law or city policy where the violation of policy is considered to be a serious offense. Ccnsurc should not follow an occasional error in judgment, which occurs in eood faith and is unintentional. Ccnsurc carries no fine or suspension of the rights of the member or mayor as an elected official, but a censure is a punitive action that serves as a punishment for wrongdoing. 1 6B 3: COMPLAINT PROCEDURE: A. Any two members of the city council may submit, in writing to the city clerk, a complaint and request for a censure hearing concerning an alleged violation of law or serious violation of city policies by another council member or the mayor. The complaint shall provide specific Updated Draft 12/16/2019 21 Formatted: Strikethrough Comment [AL054]: Strike 9/16/2016. Formatted: Strikethrough Comment [AL055]: Renumber. Formatted: Strikethrough Comment [AL056]: Strike. Upon further review and discussion with the city attorney, it was determined that the city should not codify a decision that would be made by the insurance company. Formatted: Strikethrough Formatted: Strikethrough Comment [AL057]: Strike and rewrite a new censure procedure. New procedure should contain an internal review process. 10/28/2019. Formatted: Strikethrough allegations and supporting evidence of specific conduct alleged to violate existing law or adopted city policies. The city clerk shall place this matter on the agenda for thc next available regular city council meeting. B. A copy of the complaint and request for censure shall be provided to the accused elected official as soon as possible following receipt, but not less than 2/1 hours prior to the regular council meeting at which the complaint and request for an investigation will be considered. At the council meeting in which the investigation will be considered, the council members who did not submit the complaint and the council members who are not the subject of the censure complaint may, by resolution, direct the censure to proceed by forming a censure investigation committee to investigate the allegation. Only council members who are not the subject of the complaint shall vote. the resolution must receive a unanimous vote of the remaining mcmbcrs of council. 1 6B 5: CENSURE INVESTICATION COMMITTEE: A. If the resolution passes a ccnsurc investigation committee Shall be appointed to rcvicw the complaint as set forth in this article. The mayor shall appoint council mcmbcrs to the committee and shall serve on the committcc, but if the mayor submitted the complaint or is the subject of the complaint, the mayor pro tem shall serve on the committee and appoint its members. If both the mayor and the mayor pro tem have submitted the complaint or are the subjects of the complaint, the council member with the longest tenure, and who is not the subject of the complaint, shall serve on the committee and appoint members to the committee. Council members who submitted the complaint or are the subject of the complaint shall not serve on the censure investigation committcc. No more than three council mcmbcrs shall serve on the committee. B. The censure investigation committee shall review the allegations of the complaint, conduct an investigation into the allegations of the complaint, and prepare a report and recommendation on the complaint to the full city council. C. The city clerk shall be assigned to post public meeting notices of the committcc and take minutes of each meeting. Minutes of thc committcc shall be included as part of thc report listed in subsection E. The city attorney shall be assigned to assist the committee with the investigation as may be necessary and ensure due process with thc proceedings. D. The censure investigation committcc may be staffed by other employees as may be necessary to assist in its investigation and report to the council. E. Upon completion of its rcvicw of the complaint and any investigation, thc committcc shall determine if, considering all the facts and evidence, there are reasonable grounds that the alleged violation of law or serious violation of adopted City policy occurred. The censure investigation committcc shall make a written report to the council stating the specific law or policy alleged to Updated Draft 12/16/2019 22 have been violated, and summarizing the complaint, evidence, and the results of any additional investigation. The censure investigation committee shall also make a recommendation to the violation of adopted city policy to warrant a censure hearing, or, alternatively, that the complaint is not supported by sufficient evidence of a violation of law or serious violation of adopted city policy to warrant a council censure hearing. F. If the censure investigation committee determines the allegations are supported and a censure hearing is warranted, the committee shall direct the city clerk to forward its report and recommendation to the entire city council and set the matter for a public censure hearing before the council. If the censure investigation committee concludes that the allegations are not supported and a censure hearing is not warranted, the censure investigation committee shall direct the city clerk to forward the committee's report and recommendation to the entire council, and no further action on the complaint will be taken. 1 6B 6: CENSURE IIEARINC: A. The city council shall pass a resolution setting the date of the censure hearing and place on file the report and recommendation of the censure investigation committee. The ccnsurc hearing must occur at least thirty days after thc date thc hearing i3 3et. B. The elected official subject to the ccnsurc is entitled to due process of law. This requires notice be served not less than fifteen days prior to the date of the hearing. C. At the hearing, the person that is the subject of the complaint shall be given an opportunity to be heard and present evidence to refute the allegations. D. A city council decision to censure must be adopted by resolution. The resolution must list the findings, based on substantial evidence, that the person accused has engaged in conduct that constitutes a violation of law or a serious violation of an adopted city policy. The resolution must be affirmed by at least five affirmative votes of the council. The accused council member or mayor shall not participate in deliberations after the public hearing is closed or in any vote by the city council on the proposed ccnsurc. ARTICLE B CENSURE OF ELECTED OFFICIALS 1-6B-1: PURPOSE: 1-6B-2: CENSURE DEFINED: 1-6B-3: COMPLAINT PROCEDURE: 1-6B-4: CENSURE 1-6B-1: PURPOSE: Elected officials may pursue formal action in the form of censure to deter violations of this code and violations of adopted city policies. Updated Draft 12/16/2019 23 1-6B-2: CENSURE DEFINED: Censure is a formal reprimand of a council member or the mayor for specified conduct that violates this code or adopted city policies. Censure should not follow an occasional error in judgment, which occurs in good faith and is unintentional. Censure carries no fine or suspension of the rights of the member or mayor as an elected official. 1-6B-3: COMPLAINT PROCEDURE: A. Any member of the city council may file a complaint concerning an alleged violation of this code or of city policy by a council member or the mayor. The complaint shall provide specific allegations and supporting evidence of specific conduct alleged to violate this code or adopted city policy. The complaint shall be filed with the mayor, or if the mayor is involved, with the mayor pro tem. B. The mayor or mayor pro tem shall forward the complaint to the city attorney, police chief, human resources director, or other proper authority to conduct an investigation to determine whether the allegations in the complaint violate this code or city policy C. Within thirty (30) calendar days from the date a complaint is filed, the mayor or mayor pro tem shall produce a written report stating whether sufficient evidence exists to warrant censure. A resolution recommending censure shall be placed on the city council agenda for a vote within fourteen (14) days of the date of the report. If the report is in the negative, the complaint shall not proceed to censure. A negative report may recommend corrective action be taken by the accused to prevent further issue. 1-6B-4: CENSURE: A. A city council decision to censure shall be adopted by resolution. The resolution shall list the findings, based on sufficient evidence that the person accused has engaged in conduct that constitutes a violation of this code or adopted city policy. The resolution shall be approved by five affirmative votes of the council. The accused council member or mayor may participate in deliberations. The accused council member may vote on the censure resolution. B. Immediately following an affirmative vote to censure, the mayor may address the censured council member by stating that the censured council member should take notice of the censure and govern themselves accordingly. The mayor pro tem may make this announcement if the mayor is the subject of the censure. APTER 4 1-4 1: 11IEETINC,S: Updated Draft 12/16/2019 24 A l' ar A4ee in-gs and fourth Mondays e-f-eael}ninth at {5:30) P.M., or ,:ubscction C c> as a holiday, { 30-)—I M—in-thL-ea the-eettncil charrrber-TThe city pole oun •' te-e-r the council than k c council chambers pursuant to ated by the city be -held on the fbllo it evening at five thirty o-'el&ek t--or at such other dle&ig•e-otlier-than t rrtzty-decor councilpersons, by serving a 'Eterhfietice of the special meeting on each of the c leaving a copy thcreaf4t-pis usuua-l-place cal rep may be transacted at a special meeting of the city cF °➢r ;1 "ie f e fr" ; tbrc meeting. Id at such other ty council may deem le; provided, however, such designation of a meeting place other than the council - chambers in th —e y�rz,Yl ,YI b y city eootnc+hresolutien. Notice of itch change of meeting place shall be give (Rev. Ord. 1 1 4 2€ - Location: Reg P' t ETINCS: ty of the whole number of members of the city council to 'shieh the cit the attendance of members. B. Mayor Presid 447 o-constitute a quortr c as rs provided by statute. {Rev. Ord. 1117, Comp. 1911, p. C 6) Presentation o4 p€ titit�r 3. Reports of city oftree' s Updated Draft 12/16/2019 r-e of business of the city council io I of same. 25 4. Reports of stand inrg-e-onrmittccs. 5. Reports of speci„ A question relati tlkbate the e C. Speaki-ng ment of bill f business shall be decide one ,+hull walk across or out of ,he Chair: Each member ofthc city council, prior tc remarks until recegnri-zed and named by the chair. peaking, may 2. Order Of Speaking No member of the city council shall speak more than twice on one t-leave of the city e rei-1ra e r o aid =_ tbny a c until eae-h member of the city council clioasing to speak shall have spoke council address the mays �brt tb zy , Il -tuber of the city council called no -appeal, the decision of the chair hall be conclusive, but-the-fflen=mber shall appeal from -air, the eiy council all decide- . d-iscourse, nor pass between the speaker nd the chair D. Motions: 1—Se tied. When a motion is sec•nded, it shall be stated by the mayor before debate, and every motion shall be reduced to writ:„air , i mayor, it shall Ire deemed to be in poRse:Sion of the city council, Updated Draft 12/16/2019 26 e 3cfore decision; h the -motion or resolution shall n e yuestion divided -when the sense admits of it, name of the r orrrrotion shall also be ,red. ate-O*-Question: (-1-)-1 o adjourn. {2) The previous question. `^moo postpone indefinitely. {5) To adjourn to a day certain. (6) Fefi b. A motionshall be given precedence in the orderarranged in subsection D5a of this -section, h f- tr t7 t-b � ri�n-�arrc� d,-ve—ae`v-iiav vd-'i c,u c. .tom f Motions To Adjourn: ion of t" hile the members arc vot-i n-g-: When adjourrrarmrr aaas the last preeeding motion, -�eATrh�ii-incu`s vc;i:n @1'#f?ll`.9-E�tE%stiE b. A motion to adjourn without move, may not be arnencicd, but a motio ti to debate. be in this lb questio Updated Draft 12/16/2019 in question be -now put. er motions and debates : hall he c:<eludcd, and the 27 FR ntpane 1Motion: When a m nceting. 11. A >n=4'o-lkefer- ' S- To--Motions: amendment to -an a amend ifrnErtd 1. Voting n is postponed indefinitely, it shall taken up cial committee hall he in order, but to amend an rtaincch sroposed to be struck- hitould stand if-se--annded: Deity council who -shall be press 1l he stut�d4fam-the-eha-i- 4h�t11 vote thcr in the question, in which case he shall not vote. In case any member refuses to vote when in=e-��ca:scaq a zrscr ,� a -a -ire'—Y.icc'raccrig e n' ' tiV� 1 first he shall no amity counei�requires shall be taken c �-° f minutes. weedy interested r of the lays on any question 1. A motion may he reconsidered at any time during the same rnccting of the city council ecided in the negative, sF prevailing side, reconsidered. G. Suspension Of Rules: The rules established in this chapter may be tempo the consent of three fourths E'/4} of the members of the city council present, but shall not be repealed, altefe i+ds-(4/4)-th g-e-i-1 pe rse,ar; evtceh Updated Draft 12/16/2019 28 11. Parlia rules which- verx--p± {Rev. Ord. 1 Standing Con -itte which shall be sorr affied� Committee on finance and purchasi- all cases not pr„dcd l.r herei-nhe usual parliamentary 1 rrr-the cify-council, where t}le al1-)e the sts dings and grounds ommissions Committee on ordinances .specially dirce chair of that committee t Of MemAll standing e )f the ei mate: es -of the city -council shall -be c mayor annually at the first meeting it January, or at any time a C. Composition Of Committe,€ l s-a# he-eity council, term t person named on each committee shall he the a� re altea awe B�� 7Uer m thv 4 uncil, at t an of the committee shall have the power to make a e committeemember or to fill a vacancy. Any alternate member of a committees shall be authorized gti-tom m i tt apt ittee chairperson hall be authorized to so act during the meeting at which the D. Re .shall; the city council. ull voting rights, — mmittees of the cite E. Discharge Of Special -Con rittees t fpf fr€ comm-ittee of the city-eF without a vote, unless otherwise ordered. et=the city coune-i-l-an (-ReOrd. 1117, Comp. 1911 Updated Draft 12/16/2019 cil to which referrals are made Ern %Itu� c rral report tee shall be considered discharged and all the papers to the appropriate committees 29 CHAPTER 57 MUNICIPAL OFFICIALS 1-7-1: OFFICES CREATED: 1-574-2: COMPENSATION: 1-57-23: SURETY BONDS: 1-7-4: OATH: 1-7-1: OFFICES CREATED: The offices of the municipal officials set forth in this chapter are hereby created within the city as part of the municipal governmental structure of said city. Official powers and duties set forth in this chapter shall be general in nature with further responsibilities set forth by federal or state law, this code, city policy, or as may be directed by the city council or mayor. 1-5742: COMPENSATION: Each officer or employee of the city shall receive such compensation for their services as the city council may establish from time to time by ordinance or resolution. (1970 Code, § 2-5) 1-57-23: SURETY BONDS: All city officers and employees shall be covered by a surety bond running to the city. (1970 Code, § 2-6) 1-7-4: OATH: Prior to undertaking the duties of the office, all appointed municipal officials listed in this chapter shall take an oath to support the constitution of the United States, the constitution of the State of Iowa, and to the best of the person's ability, faithfully and impartially perform the duties of the office. ARTICLE A. CITY CLERK 1_71-5A-1: APPOINTMENT; QUALIFICATIONS: 1-71-5A-32: DUTIES AND RESPONSIBILITIES: 1-71-5A-43: REPORTS: 1-71 5A-54: FEES OF OFFICE: 1-7A-5: DEPUTY CITY CLERK: 1-71 5A-1: APPOINTMENT; QUALIFICATIONS: The city clerk shall be appointed by the city council he month of.failitafy following a-regula fy 4e r, and shall, within ten (10) days from such appointment, qualify Updated Draft 12/16/2019 30 as provided by law, and file a bond in -the sum of fifty thousand ` )-with sureties to be approved by the city council. Said appointment shall be in accordance with all city policies and procedures regarding recruitment, selection, and appointment of employees. (Rev. Ord. 1513, Comp. 1941, p. C-13; amd. 2001 Code) 4-A-I�EP U Th y, with the aF,p ovu c�� a e city ceu 1513, Comp. 1911, p. C 13) 1-74--5A-32: DUTIES AND RESPONSIBILITIES: These: m-the-h- A. General Duties: Attend every meeting of the city council, and furnish the mayor dsith an u.stract of alhhrtefhiand take minutes of said meetings; issue all notices of regular and special elections required to be given by law or in pursuance of any provision of this code, or other city ordinance or resolution of the city council, issue all notices of special meetings of the city council when called, as provided by law; and notify all committees of of the business referred to them-; maintain and safeguard records of the city and keep records in the manner and duration required by law; administer the city risk management program, procure liability insurance for the city, and set liability limits as may be advisable and necessary to prevent unnecessary risk to the city: he city clerk shall direct and coordinate the activities of the employees of the city clerk's office; perform such other duties as may be required by the laws of the state, or such duties as may be required by this code or other city ordinances or policies, or as may be required by the mayor or city council. 13. Warrants: Keep -a record of all warrar}u-dravarr-showing-the mrn-btr of the warrant, the ai}rourrt of the warrant, tl lcIrCrni�LnsCTa CfYir t r, r p911LLc CC1Y4L C ftppF opricn, and supply the -city treasurer with a statement once each CB. Certification of Assessments: Certify to the county auditor, as provided by law, all assessments and taxes of every kind and nature levied by the city council which are required to be so certified. 1. Deeds and ontracts: Keep kIec s and contracrearr correet-original copies of all deeds and contracts executed by or in favor of the city, and 2. Licenses, Permits,. and Petitions: Keep _', - • a11licenses and permits granted by the city for a period in accordance with state law, this code, or city policy, noting the date when issued, the person to whom issued and the date of expiration of the license or Updated Draft 12/16/2019 31 permit, and shall also file and preserve in '.the city clerk's office all petitions, remonstrances and other papers presented to the city council. ED. Purchases: Procure all necessary beck nd stationerymaterials for the use of the city council and city trf€•rs. (Rev. Ord. 1513, Comp. 1941, p. C-13) 1-71 SA-43: REPORTS: The city clerk shall report upon any of the matters connected with h their office whenever called upon by the city council to do so; keep in his office all returns of assessments, and the election and appointment of city officers, and shall as soon as practicable after each meeting of the city council, prepare an abstractminutes of the business transacted and a correct copy of all resolutions and ordinances adopted, and deliver them ordinances to the official newspaper for publication, and shall not allow any papers or documents to be taken from his -their office without the consent of the city council. (Rev. Ord. 1513, Comp. 1941, p. C-13; amd. 2001 Code) 1-71-SA-M+4: FEES OF OFFICE: For attested certificates and transcripts other than those ordered by the city council, the city clerk shall charge the same fees as are allowed to county officers for like services; and he shall keep a record of such fees and turn the same into the general fund. (Rev. Ord. 1513, Comp. 1941, p. C- 13) 1-7A-5: DEPUTY CITY CLERK: The city clerk may, with the approval of the city council, appoint a deputy city clerk who shall perform the duties of the city clerk during the absence or disability of the city clerk. (Rev. Ord. 1513, Comp. 1941, p. C-13) ARTICLE DB. CITY ATTORNEY 1-71 DB-1: APPOINTMENT; QUALIFICATIONS: 1-5D7B-2: DUTIES AND RESPONSIBILITIES: 1-71 SDB-1: APPOINTMENT; QUALIFICATIONS: A city attorney m-ay-shall be appointed by the city council, and shall within ten (10) days after his said appointment qualify as provided by law. Said appointment shall be in accordance with all city policies and procedures regarding recruitment, selection, and appointment of employees. (Rev. Ord. 1195, Comp. 1941, p. S-16; amd. 2001 Code) 1-7-B-2: DUTIES AND RESPONSIBILITIES: A. Litigation; Collection Hof Judgments; Disposition Hof Funds: It shall be the duty of the city attorney to prosecute all suits for the recovery of fines and penalties which may be brought Updated Draft 12/16/2019 32 in any court on behalf of the city, and also to institute and defend all suits which may be brought in any court by or against the city, or any of its officers, on account of any of their official acts. The city attorney shall cause executions to be issued on judgments which may be recovered and attend to their prompt collection. All money received by -him on account of the city shall be paid into the city treasurygeneral fund. B. Advising City Officials; Preparation Of of Documents: It shall be the duty of the city attorney to act as legal advisor to the city council, its committees and all city officers, on such questions as may arise in relation to the business of the city and, when required by the city council, he shall give his an opinion in writing. The city attorney shall, when so required by the city council, draft all bonds, contracts, leases, conveyances, ordinances and other instruments in writing, and he shall perform all other services in the line of his an attorney's profession connected with the business of the city not enumerated in this article, and he -shall, in all cases, be subject to the direction of the city council. C. Conformance Of of City Ordinances With State Laws: Upon or before January 1, after the adjournment of any general assembly, the city attorney shall prepare and present to the city council for passage such ordinances as may be required to amend existing ordinances or to repeal existing ordinances on account of laws enacted by the general assembly, or such ordinances as may be necessary or which the city attorney shall think proper in view of the laws enacted by the general assembly amending existing statutes or creating new statutes applicable to the city. (Rev. Ord. 1195, Comp. 1941, p. S-16; amd. 2001 Code) D. Additional Duties: The city attorney shall be responsible for code enforcement, and code enforcement officers, which are not specifically placed under the management of the building inspection department pursuant to sections 1-6D-1, 1-6D-2 and 1-6D-3 of this title. The city attorney shall direct and coordinate the activities of the employees of the legal department and code enforcement. The city attorney shall also perform such other duties as shall be required by the laws of the state, or such as may be required by this code, other ordinances of the city or city policies, or as may be required by the mayor or city council. (Ord. 5319, 11-23-2015) ARTICLE C. R 1: O1ICE C 1-774-5C-21: QUA 1-71 5C-32: ATED; APPO RCHIEF FINANCIAL OFFICER DAPPOINTMENT AND MANAGEMENT: DUTIES AND RESPONSIBILITIES: 1 5C There is hereby created �ithi the- DtA- i-leNething-herei d shall p evertt-the re al-ef-and the termination of the appointment ofsa►d officer for cause as provided by law. (Ord. 2703, 11 4-1474) Updated Draft 12/16/2019 33 1-71 5C-21: QUALIFICA � S, FAPPOINTMENT AND MANAGEMENT: The mayor shall appoint the chief financial officer. Said appointment is subject to the approval of the city council and shall be in accordance with all city policies and procedures regarding recruitment, selection, and appointment of employees. The chief financial officer shall be immediately responsible to the mayor for the effective administration of the finance department and all activities assigned thereto.A. Qualifications: Any person sc -a} sc cd as-4mance di -rector a 4rti a f triv,.k• -ri - - �. r 1 •r c'cd`4=&-ecru'"iiFrY-`e�-ria..�;:'si�`c"-�' iiriiz i-ac�-rrirel knowl-eof the general laws i-n4 rmative financial reports, }iid: Within ten (1el} d; as provided by law and file bond in the sum of ten faithful periormafle 4 1974) 1 planning and other b >nt heads on fiscal -an 1 he able- tirurnee-d-ireeter shall qualify gt; to be approved by the city council. (Ord. 2703, 1-71 5C-32: DUTIESDUTIES AND RESPONSIBILITIES: A. The chief financial officer shall: Ensure the city's financial assets are protected through the implementation of sound financial policies and procedures; compile records containing meaningful financial data; advise department heads, mayor, and city council in the review of revenue and expenditure estimates and in the preparation ad control of the budget; provide the mayor with timely and informative financial reports and statements; generally supervise all financial matters for the city; serve as the treasurer of the City of Waterloo; direct and coordinate the activities of the employees of the finance department; perform other duties as may be required by the laws of the state, or as may be required by other city ordinances or policies.Thc #)rhtr+ee-d-irector shall maihni-) a central accountirrf em fbr the city which tan, n rte .ham uc. r ,.r., z_r, r °uld include .� e-r�trrancialteat��r���s Pall-d-itett�l coordinate the activities of the emlaley es of his department; advise department heads and the mayor and city council in the review of revenue and expenditure estimates and in the preparation off -ride the mayor with H-rnelandinformative finartc l epFrrt El y supervise all financ:urrttcrs fthe city and shall The salary to be paid to the linan resolution of the city council--(&3i Updated Draft 12/16/2019 RE r and ap 34 a-ny funds 1 T—; QUALIFICATIO"6: UAL-IFI CAT I-1 terms subsequent there e, the shall n�' th t13p intment shall l sal }e ischarge-rf his duties, the ei ism—ci��eco nd°n-the-4u-n3-e. cit artei1 with sureticato reapproved by the city council. The city council may, by resolution at any tirnc it is deemed necessary, increase or decrease the amount of the city treasurer's bond in such st rrr the resolution. (Rev. Ord. 1207, Comp. 1911, p. T' 9) U-TIES-NDRt: _ r, .ITIFS: a1-1- 'crson r i- d-to the ' k. The 3. Water rks F n - recp all tax money ree :1arrant-si ieh shall -lave been rccc 'ty--treasurer shall keep true--and-eefi'e t accounts with om, the-ei of the bo ee4ev+ed--armcollected for and t 6�n e l l an4'•h monies shall be of waterworks trustees. him, received in payment of ent, stating the ntrrrrbe ar i anottnt ofthe same, to whom payable, on what fund draw clerk to be cancelled#, 2. Presentation and Payment: The-ei-ty4 grey -from the city -treat.+ signed by the city clerk, and countersigned by the mayor, and attested by t of the city, and all orders so drawn and paid shall be vouchers for his ditn emcnt. b. 11, on presentation for payment of any order or warrant dr wn pursuant to subsection B2a of this section, there is no money in the treasury belonging to the said order or warrant is mad or order as follows: "Presented not pai€;r vvt 4-funds", and thcrcafi ,ept wa contract wl city in whic bear interest the -city t easu Updated Draft 12/16/2019 bear interest at the rate of six rscrccnt it is provided that the vn arrants or dardcr shall net uch order -or warrant 35 d-pursuant to subseet-itheir prey Win, from the particular fund upo ere is an accumulation in the treasury of the sum of five hunted dollars (S500.00) in any fund, the city treasurer shall call in warrants to the rrmouut-of such fund for payment in the ation, or -make -tin -eh on, notice-E}t itisting a '' vrrtten ereof in ty treasurer's offer Nay ,e of such call in one daily or weekly newspaper, which notices ,hall state that at the expiration o€-te rsting the notice C. C'ykeld4tional Doti �T ei was r the laws «l'the ; tFrrztr�ty a€It Comp. 1911, p. T-i) umd. 2001 Code) all-ecase. 11 perform such other duties as m. th sri F-ether city ord purr There is hereby created within the city, andas a part of the Municipal governmental structure of said city, the office— lTnnnee z tod . he$ nay en irector shall be-, t-he-tefm ation of the -a} p '1 1974) 1 SC 2: QUAUIFICA-T4 id-thful-peribrmancc of 11 1 197'l) The ftnanc accom coordinate Updated Draft 12/16/2019 s i:Or c-a municipal fin ancia of and rc1 2-70 - ctor under the provisions of thiss. I and budgetary policy. inciples and. are informative appointment, the finance director shall yualit the all sureties to be approved by the city council. (Ord. 270-3 lert14e-city--pie-14 nel depFcaudits and other tinanciaf-ems 1I h all direct and mployees of his department; advise department heads and the 36 mayorc preparation and contrc of -the budget; provide the may€ r with time q andd ms tivc ft tr l ,.tatements, and --generally supervise a1 n •iacity and shall perform such other and further duties as may be required by the laws of the state, o_ aftielcor other city--ordim eonferemeswith the mayor and city e 4474) The s NSATION: of the city couneiT (0-r 703, 11 4 1974) CHAPTER 68 MUNICIPAL DIVISIONS AND DEPARTMENTS 1-8-1: OFFICES CREATED: 1-8-2: APPOINTMENT; MANAGEMENT AND SUPERVISION: 1-8-3: DESIGNEE IN ABSENCE OF DIRECTOR: 1-8-1: OFFICES CREATED: Municipal divisions and departments, as set forth in this chapter, are hereby created within the city as a part of the municipal governmental structure of the City of Waterloo. Departmental powers and duties set forth in this chapter shall be general in nature with further responsibilities set forth by federal or state law, city policy, or as may be directed by the mayor. Changes to divisions or departments listed within this chapter that affect the municipal government structure shall be made by ordinance. 1-8-2: APPOINTMENT; MANAGEMENT AND SUPERVISION: A. A division manager or the department head of a city department not included in a division shall be appointed by the mayor and shall be directly responsible to the mayor. Said appointment is subject to the approval of the city council and shall be in accordance with all city policies and procedures regarding recruitment, selection, and appointment of employees. The division manager or department head shall be responsible for overseeing the administration of their division or department and shall direct and coordinate the activities of the employees of their department or division. B. The assistant department head of a department included in a division shall be appointed by the division manager and shall be directly responsible to the division manager. Said appointment is subject to the approval of the city council and shall be in accordance with all city policies and procedures regarding recruitment, selection, and appointment of employees. The assistant department head shall be responsible for overseeing the administration of their department with direction from the division manager and shall direct and coordinate the activities of the employees of the department. Updated Draft 12/16/2019 37 1-8-3: DESIGNEE IN ABSENCE OF DIRECTOR: Whenever a division manager or department head may be out of the city or temporarily unable to act, they may appoint a temporary designee or designees, with consent of the mayor, to execute the duties of said division or department. In the event of an extended or permanent absence, the mayor shall appoint an interim director to assume all the powers and duties of that position. ARTICLE A. DIVISION OF ARTS AND LEISURE 1-8A-1: DEPARTMENT POWERS AND DUTIES: 1-8A-1: DEPARTMENT POWERS AND DUTIES: The following depattiuents shall constitute the division of arts and leisure and the powers and duties of each department shall be as follows: A. Cultural and Arts Department: The cultural and arts department shall serve the community by ensuring quality cultural and educational opportunities for all citizens by offering a full range of programs that include but are not limited to exhibits, educational/interpretive programs, care and display a permanent art collection, special events, and a volunteer program. B. Leisure Services Department: The leisure services depaitnient shall provide for the development, operation, maintenance, and protection of parks, recreational trails, open spaces, natural areas, outdoor recreation facilities, and riverfront areas; the development care and protection of the urban forest landscaping and vegetation management on public right of ways, flood control systems and miscellaneous public properties; maintenance of downtown area public properties and facilities; administration and management of the Cedar Valley SportsPlex and Young Arena; administration, management. development, operation, and maintenance of municipal golf courses; development and administration of public recreational, educational, and aquatic programming. ARTICLE B. DIVISION OF COMMUNITY PLANNING AND DEVELOPMENT 1-8B-1: DEPARTMENT POWERS AND DUTIES: 1-8B-1: DEPARTMENT POWERS AND DUTIES: The following departments shall constitute the division of community planning and development and the powers and duties of each department shall be as follows: A. Building Department: To promulgate orders, rules and regulations for the conduct and guidance of the members of the building inspection, permits and maintenance department within the parameters of city policy; to enforce the uniform building code, uniform plumbing code, uniform mechanical code and national electrical code in the form adopted by the city council, as they relate to construction activity within the city; to coordinate enforcement activities with the Updated Draft 12/16/2019 38 fire department and other city departments for all construction affected by the housing code, life safety code and minimum housing quality standards. B. Building Maintenance: Provide maintenance on all city owned or operated buildings; develop a reporting and maintenance system that will outline the condition and status of all major building systems or components (i.e., roof, heating and air conditioning); establish and keep on record a five (5) year building maintenance/capital improvement program with yearly updates; establish and administer the operating maintenance budget for presentation to city council; work with Waterloo leisure service to assist in coordinating maintenance and repair of swimming pools, bathhouses, pump houses, park restrooms and golf course buildings; work with the airport director to coordinate maintenance on the airport terminals and support hangers as it relates to building operation. C. Community Development Department: The community development department is responsible for the orderly development of the community through the systematic development of a comprehensive plan and implementation program. The department shall actively promote the development and redevelopment of the city in order to provide the most conducive environment to live, work, pursue business opportunity, plan, and raise a family, while remaining cognizant of the fiscal development, and redevelopment of properties within the city and day-to- day administration of municipal ordinances. D. Engineering: The engineering department shall prepare plans, specifications, cost estimates, and other required documents for construction of public works improvements and supervise the construction of such improvements; direct, review, and coordinate the work of consultants contracted by the city for public works improvements; survey streets, alleys, avenues, public squares and other surveys; establish street grades; plan for both short and long range public improvements; compile accurate records of all surveys, levels, grades, field notes, maps, plans, profiles, papers, books, writings and records; review all proposed subdivisions and commercial development; coordinate the design, inspection, and construction of road and street projects with the state, federal and local government authorities; issue permits in public rights of way, including, but not limited to, sidewalks, driveways, excavations, moving buildings and oversize and/or overweight loads; administer, inspect, and coordinate the improvements to all public sidewalks through a sidewalk inspection and repair program; maintain the city's pavement management system; inspect and maintain the city's flood control facilities; direct and coordinate activities during flood emergencies and other natural disasters. The engineering department shall provide to the extent possible engineering, mapping, inspecting, surveying, and drafting services to all other city departments. The engineering department shall administer the storm water management program for the City of Waterloo. E. Housing Authority: The housing authority department shall be responsible the management and maintenance of Ridgeway Towers, including abiding by all federal regulations on occupancy, fair housing grievance procedures and termination of tenancy; administration of tenant based Section 8 Housing Choice Voucher Homeownership Program in accordance with the Department of Housing and Urban Development; assist with housing construction; Administration of Family Self -Sufficiency program and Down Payment Assistance program. Updated Draft 12/16/2019 39 F. Planning, Programming, and Zoning Department: The planning, programming, and zoning department is responsible for the orderly development of the community through the systematic development of a comprehensive plan and implementation program. The department shall actively promote the development and redevelopment of the city in order to provide the most conducive environment to live, work, pursue business opportunity, plan, and raise a family, while remaining cognizant of the fiscal development, and redevelopment of properties within the city and day-to-day administration of municipal ordinances. ARTICLE C. DIVISION OF PUBLIC WORKS 1-8C-1: DEPARTMENT POWERS AND DUTIES: 1-8C-1: DEPARTMENT POWERS AND DUTIES: The following departments shall constitute the Public Works Division and the powers and duties of each department shall be as follows: A. Animal Control: The animal control department shall enforce ordinances and policies associated with animal care and safety. B. Central Garage Department: The central garage department shall provide maintenance and repair services for city equipment and vehicles. C. Sanitation Department: The sanitation department shall provide curbside bulk item collection and disposal; perform collection and disposal as ordered by code enforcement and court orders for nuisance properties; provide curbside collection and disposal of yard waste and recycling, and maintain satellite drop sites for recycle collection. D. Street Department: The street department shall carry out the crack sealing of reconstructed and overlaid streets; maintain streets in a safe and serviceable condition through preventative maintenance procedures and various patching methods; carry out street sweeping and snow removal. E. Traffic Operations: The traffic operations department shall install and maintain traffic signals, controllers, street lights, early warning sirens and other related equipment; fabricate and or procure, install, and maintain all traffic signalized intersections, city owned street lights, street signs and painting of street and parking lots within the city limits; educate the public on traffic safety issues. F. Waste Management: The waste management department shall operate and maintain the city's sanitary sewage lift stations, collection system and treatment facilities; implement the Industrial Pretreatment Program as mandated by Federal law; administer the Capacity Maintenance Operations Management program and Fats Oils and Grease Program; dispose of sludge bio solids; operate and maintain the city's storm water lift stations, collection systems, and flood control systems as mandated by the United States Corps of Engineers and Federal law. Updated Draft 12/16/2019 40 The department of safety services for the city of Waterloo is hereby ere 2-0444 [PAR TAL P ER ��� � �epttrtr4 be t-o-oN4erse the po e=d part an4 li. The department shall have th perform r e-fife department or pe>l4ee-department-hy this code, wh s t red by the Iowa Codc to be e e sive penfarrued--b-y-the itolice chief or lire chief -5-024, 1 1O-2-0-11-) I' S,4LEr' Afeete>f-ef�it approval of the city council A as aa,g a.,,nce with all city policies and t ti services or f Safety t, SupervisiEiii a'nd 4 uties Jh"i'.- free eF} department of- afety-sea +roe -The-d-i aject to the uch-appointment ion and ;�thE a14-have and exercise all the >f safety--ser-v-t hall be out e sh&d---superIse, direet crvices shams tant director of safety services police to manage the operations of the police deportment. Subject to subsect-ierr E of this section, said assistant director may, if so appointed, also he the -chief of police €err-pelf -d another provision of the Iowa Code assignrliee chief; b. Subject to subsection CI d of this section, appoint an assistant director services tire to manage the operations of the tire department. Subject to subsee-' oft �f� c� a� �1 ror3 � �.s �dG rc.r^ a ��.g�,g rrt ��r€etor .�az�y, ,�a-appoa-rr , a so be th 4+ ti f,r a ,,.� n an a t ci�-rci. - f}r�3tkt=peSCS (?1-1f}bV-d-�`a"cos' ;s`v€-c-acnrrcr�r�-°n'r"ccezii `y` <i 1i�1=-�-}r$V-iSi-(.n-f}f the Iowa Code a9signing duties exclusively to the tire chief; Updated Draft 12/16/2019 41 e ng selections d eeter--ef-s-afety-:cervices must c list; as required by Iowa, Code section %100.13; assistant direct or positions deseriz ed abewe-the from the civil service -eligible ce chief-er -—a r� or-o�-pare v=rc it' safety .services rrt fErrw-h-ieh itzt an as ;istant lent and the all not be appo to v rie � r t 4-h-is, ttie o€-ebie ex -14, e-dir'eetor of safety rviees ief. If the directs ither policc chief or —fire DA irnitation- y he-difeetor of safety services, Ff-not serving as department, shall have no au the positions of police chief o this -chapter to to-th exte ►t-4 extent they are requi- chief o ud , ui-a ~ t-of Di-reett4-to-Clri-e Here legated by the Io.va Code -to director of safe icfor ti the same titrtc that he ofs-he-holds the position he indi' idual is otherwise qualified t ffice u F. Qualifications: The director of safety ;acrviccs must be appoi ARTICLE D. AIRPORT 1-8D-1: DEPARTMENT POWERS AND DUTIES: 1-8D-1: DEPARTMENT POWERS AND DUTIES: Updated Draft 12/16/2019 etim—o-f ei if safety services, e but the 42 The Waterloo Regional Airport shall build and maintain infrastructure to allow for safe airport operations for commercial, corporate, general aviation, recreational, and military aircraft operators, and for the benefit of residents of the Cedar Valley. ARTICLE E. FIRE RESCUE 1-8E-1: FIRE CHIEF APPOINTMENT TERM AND AUTHORITY: 1-8E-2: DEPARTMENT POWERS AND DUTIES: 1-6E-3: EXTRATERRITORIAL ASSISTANCE: 1-8E-1: FIRE CHIEF APPOINTMENT TERM AND AUTHORITY: A. Appointment: The fire chief shall be appointed by the Mayor with approval of the city council from the chief's civil service list. Nothing herein contained shall prevent the removal of and the termination of the appointment of the chief as provided by law. B. Authority to Order Removal of Buildings: To order the removal of any building or property that he may deem necessary for the purpose of checking or stopping the progress of fire in the city. C. Prescribe Limits Where Entry Is Prohibited: Prescribe limits in the vicinity of any fire within which no person, except those who reside therein, shall be permitted to enter. D. Fire Arson Investigator: The fire chief shall appoint the fire arson investigator to perform all of the duties and responsibilities of investigating the cause, origin, and circumstances of fires as set forth in this code. The fire arson investigator shall be a peace officer as set forth in Iowa law and said investigator shall have all the powers, duties and responsibilities attendant to the function of a peace officer, which shall include, but not be limited to, the power of arrest. (Ord. 4244, 8-4-1997) 1-8E-2: DEPARTMENT POWERS AND DUTIES: A. Police Authority: All members of the fire department shall have and exercise all the powers of police officers at the scene of a fire. B. Presence for Duty: The members of the fire department shall remain in the quarters provided for them by the city, day and night, when not necessarily in other parts of the city attending to their duties prescribed by this article, or by the rules and regulations of the fire department, and no officer or member of the fire department shall be absent from duty at any time of day or night without permission from the chief of the fire department or person acting as such, and the procurement of a satisfactory substitute to act when absent. C. Command at Fire Scene: It shall be the duty of the first officer of the fire department at a fire in the city to take charge thereof until a superior officer shall arrive, and for such purpose he shall have all the powers of the chief of the fire department. Updated Draft 12/16/2019 43 D. Authority to Summon Assistance: If he deems it necessary, to summon any or all persons able to perform labor, including operators of vehicles for hire, to aid in the extinguishment of fires or removing property in danger thereof, and in guarding the property, and any person refusing to obey such summons shall be guilty of an offense. E. Inspect Fire Hazards: After careful inquiry and investigations, immediately notify, in writing, the owner or occupants of any building in the city where there are any defective chimneys, smoke pipes or flues, or where there are any fires or inflammable materials not sufficiently secured and guarded, used or kept in, or in connection with, any such building, to forthwith repair, remove, change or secure the same, as the case may require. F. Ambulatory, Hazardous Materials, and Rescue Services: The department is authorized to provide ambulatory, hazardous materials, and rescue services. G. Records: Provide the record keeping and reporting systems necessary to assure proper maintenance and repair of fire department buildings, facilities, apparatuses and equipment; provide record keeping and reporting systems for all fire, fire inspection, ambulatory, hazardous materials, and rescue services calls. 1-8E-3: EXTRATERRITORIAL ASSISTANCE: A. The fire department of the city is hereby authorized to answer calls for firefighting or other emergency assistance outside the limits of the city, but within the county, at the discretion of the chief of the fire department or a duly authorized assistant acting if the fire chief is absent. B. The fire department of the city is further authorized to respond to calls for firefighting or other emergency assistance outside the limits of the city, but within the state, when requested by the mayor or the chief of the fire department of any city or town having an organized fire department, at the discretion of the fire chief of the city fire department, or a duly authorized assistant acting during the absence of the chief of the fire department. C. When the firefighters or equipment of the city are engaged in rendering assistance pursuant to this subsection, they shall be considered to be within their jurisdiction, and the city shall have the same governmental immunity when responding to such calls as when operating within the city. kRev. Ord. 1146, Comp. 1941, p. F-3; amd. Rev. Ord. 1813, Comp. 1941, p. F-5a) ARTICLE F. HUMAN RESOURCES 1-8F-1: DEPARTMENT POWERS AND DUTIES: 1-8F-1: DEPARTMENT POWERS AND DUTIES: The human resources department shall provide the mayor, city council, and all city departments coordinated and centralized human resources services including the following: payroll processing; labor relations, including contract negotiations; administration of collective bargaining agreements and grievance resolution; employment including recruitment, selection Updated Draft 12/16/2019 44 and hiring; compliance with State and City Civil Service and MFPRSI regulations; salary and benefits administration; workers' compensation and insurance, Department of Transportation drug and alcohol testing, public employment and collective bargaining and other human resource related Federal and State regulations. ARTICLE G. HUMAN RIGHTS COMMISSION 1-8G-1: DEPARTMENT POWERS AND DUTIES: 1-8G-1: DEPARTMENT POWERS AND DUTIES: The human rights commission is hereby created and established, as provided by Iowa Code section 216.19 and Title 5, Chapter 3 of this code. ARTICLE H. LIBRARY 1-8H-1: DEPARTMENT POWERS AND DUTIES: 1-8H-1: DEPARTMENT POWERS AND DUTIES: The library shall provide free access to library services in the City of Waterloo, in accordance with Title 7 Chapter 7 of this code the Library Ordinance. The board of trustees has the right to adopt, amend, modify, or repeal policies and rules that apply to the library and the business of the board. ARTICLE I. POLICE DEPARTMENT 1-81-1: POLICE CHIEF APPOINTMENT TERM AND AUTHORITY: 1-8I-2: DEPARTMENT POWERS AND DUTIES: 1-8I-3: RESERVE UNIT: 1-8I-1: POLICE CHIEF APPOINTMENT TERM AND AUTHORITY: The police chief shall be appointed by the mayor with approval of the city council from the chiefs civil service list. Nothing herein contained shall prevent the removal of and the termination of the appointment of the chief as provided by law. 1-8I-2: DEPARTMENT POWERS AND DUTIES: The police department shall provide for the preservation of public peace and enforcement of all state laws and city ordinances; Work to prevent and solve crimes; Respond to emergency calls for service involving life threatening situations and/or in -progress crimes; Assist whenever requested in the examination of the facts concerning any case or possible case against the city Maintain a secure system for police records and evidence. 1-8I-3: RESERVE UNIT: Updated Draft 12/16/2019 45 A. Creation: There is hereby created the Waterloo police reserve unit in accordance with the provisions of Iowa Code chapter 80D. B. Definition: A reserve police officer is a volunteer, non -regular, sworn member of a law enforcement agency who has regular police powers while functioning as an agency's representative and participates on a regular basis in the agency's activities. C. Membership; Qualifications: 1. Membership and Size: The size of the police reserve unit shall be determined by the chief of police. The reserve organization shall consist of a police reserve coordinator assigned by the chief of police from the membership of the police department, a reserve captain, a lieutenant and sergeants to serve as squad leaders for each squad of five (5) or more reservists as deemed necessary. Membership in the police reserve shall be determined upon standards established and approved by the chief of police. Applicants for membership shall be certified by the chief of police upon recommendation of the police reserve coordinator after satisfactory completion of the training standards. Each reserve member shall take an oath of office. 2. Physical Examination: All police reserve officers shall satisfactorily pass a department approved physical examination at their expense prior to being appointed as a police reserve officer. 3. Standards and Training: All standards and training required under Iowa Code chapter 80D shall constitute the minimum standards for police reserve officers. 4. Status: Members of the police reserve shall be considered employees of the city while they are performing police duties as authorized and directed by the chief of police. However, they are not subject to the conditions of the collective bargaining agreement of the police bargaining unit nor can they derive any benefit from the police pension. They are also not subject to the civil service provisions of Iowa Code chapter 80D. 5. Compensation: They shall receive a salary of two dollars ($2.00) yearly from the city at the beginning of each fiscal year. D. Officers Duties and Responsibilities: 1. Reserve Coordinator: The police reserve coordinator shall be assigned by the chief of police from the membership of the police department and responsible to the chief of police for the supervision, training, recruitment and activities of the police reserve unit. 2. Reserve Captain: The police reserve captain shall be responsible to the reserve coordinator for the command, control and direction of police reserves. It shall be the police reserve captain's duty to assist the police department in the enforcement of all laws and city ordinances in such a manner and at such time as directed by the police chief. Updated Draft 12/16/2019 46 3. Reserve Lieutenant: The police reserve lieutenant shall assist the reserve captain and supervise the reserve sergeants. E. Removal: Members of the police reserve shall serve at the discretion of the chief of police. They shall be appointed, promoted, removed and discharged from such position by the police chief who may consider the recommendation of the police reserve coordinator. F. Rules: The police reserves may adopt a constitution, rules and regulations for the conduct of meetings and activities consistent with city ordinances and the laws of the state. All police reserve officers are subject to the police department code of conduct and such other regulations as established by the chief of police. G. Uniform and Safety Equipment: 1. The city shall furnish all reserve officers with the following equipment and uniform items: 1 reserve breast badge 1 reserve badge 1 ID card Waterloo Police Reserve patchs Ammunition for weapon 2. Reserve officers shall furnish, at their own expense, the following items (items shall be replaced as needed to provide the minimum as listed from department approved suppliers): 1 pair of pants, navy blue 1 summer shirt, navy blue 1 winter shirt, navy blue 1 cap, navy blue 1 tie, black 1 jacket, navy blue Leather equipment, i.e., to consist of belt, handcuffs with case Freeze +P spray with case Updated Draft 12/16/2019 47 1 department approved firearm 1 ASP Baton 1 ballistics vest 1 helmet Name tags for shirts and jacket 3. During their hours of duty, members of the police reserve shall wear the uniform as prescribed by the chief of police. H. Records: The police department shall keep an accurate record of all members of the police reserves, their dates of admission and discharge. (Ord. 4090, 4-10-1995) ARTICLE J. TECHNOLOGY SERVICES 1-8J-1: DEPARTMENT POWERS AND DUTIES: 1-8J-1: DEPARTMENT POWERS AND DUTIES: The technology services department shall maintain the city's computers, network, and other technology needs and oversee the City of Waterloo Cable Access Studio. .,. E,A1+'EPARTrrf'ET 1 6A 1:-IMP All ordinance of the city creating, establishing and structuring the police departm , inconsistent —a,- ions of this code, are hereby expressly saved from repeal. ( §2206) 1 6A 2: POLICE CHIEF: Inc,-cnrc,fLo-1;lhC police CpaAH}eitl-s-Fll be eetHrety-servlCCS Ol'the i15S19tdnt director of safety services police, in eitnei-- • t to sect -it rer Said police chief appointment shall ext d 4r r s. crs-ci—ic�xcer c year, Unri'..`s`s"-r i`r�iily-of :rppOln numbered year, in which event the appointment shall only extend until December 31 of that sam year. Nothing herein corn appointment of the chief as provided by law. (Ord. 34119, 9 2 1986; arnd. Ord. 5021, 1 10 2011) Updated Draft 12/16/2019 48 rcby created tl provisions of Iowa Code chapter 80D. n: A reser\e police effiee C. Membership; Qualifications: D. Ofti 1-iee-reserve unit in ace e with the ar, sworn me e-f ig as an basis -in the agency's activities. it shi& erg h r nl, T n i`e'c-c r-pv i`�•"�. "sic"-dw"-c'si"g^tasiz son S&=rci'rai`s'ase-E}j=-a--pei-ld;`e—r�""s�""=a"c-. COOrd117at01" assigns of=pe-li -e from the membership of tl , rese->=ve more reservists as deemed nee ` er p in the police reserve shall be Clete-mineovcd by the chief of-pe-I-ie for membership shall be certified by Me chief feehmmeetd the peliee-reserve coordinator after ,satisfactory completion of the training standards. Each reserve member shall take an oath o-f office. 2 Physical Examinati 3. Standards an :ha satisfactorily pass a-€lep-a1tment t{)-iivl'CiIJCPIlq%nte`clrz'1sZi-AJCT1YL-e dtraining required under Iowa Code ehaptef nimum standards for polic ffieefs. they are p, aiag-pot-tee duties as autho4ze4-and di-weeted by the eh' However, they are not subject to the coee 1 etive bargaining agreement of the polio y benefit from the police pension. They t i'rjee c€i sic-ci`ai 3rf 2:sOf Iowa Gode chapter-i -DT. 1-r-eeeivc a salary oft vo dollars ($2.00) yearly from the eity 1. Reserve Coerce e ' eservc ee d r s h dl he s c chief of police from the membership of the p€ , nsihle to the chief of reserve captain-sh Updated Draft 12/16/2019 rye be his duty 49 to assis lice department in the enforcement cif all laws and c' es ' eh .1i-time as directed by • chief. 3. Reserve Lieutenant: The police reserve ,Fua i ercarrt E� 1T��€rr�'-°—tea They shall be a rated o� d a 8d u�ischar ed from such position by the-i #iee therecommendationof the police reserve coordinator,7. 1. The city shall fu 1 reserve breast badl• -1--i er e 11Dear-d Ammu the conduetrf minces and th *r * ^ • bee env✓ s-€n-�ne ;7 n �� n�- t-eede-cif conduct and such o ieers with the following equipment a rice-'. `.r`e'r v"e ca-1 cei'�S-�iT .iaiy &s-tai'4�s-=`a�=de`-rs "en"-1`ie'ri`sr-ttt-' _. *-Items (1 replaced as needed to provide the minimum as listed fromdepartment approved suppl iers): 1 pair of pants, nay lie 1 summer shirt, navy blue blue 1 c tment approved irrearm 1 PR 24 -1--l�al-lid' 1 helmet 1 e 'tbrm as prescribed by the chief of police. Updated Draft 12/16/2019 50 ds: The police rrrerrt shall he+r Ei° "ion and- ARTICL R'1 omposition of Deportment: There is hereby created and established a fire department in and -consisting of: ti. r n r rr r �--E�ne-�niay `vd�iv "sir^an l-thCY the director Of safety -services C alety ces firc,in cith 2. One assistant chief, whose employment shall be either on the fire line or t nistrative positie try 3. One or more division chiefs as shall he determined by tkt, need rf the epa-rt-ment d. 4-frr-t� rre captains; 5-=1 my seven (2 rre-l+eut€nants; and 6. Such nuni er of officer; and firefighters as the city may deem expedient t which number may be increased at • . deparunent Division chiefs shall as nme the same duties as the assistant chiefs at the time of the adoption of this section. The position of superintendent of maintenance shall take the -3amc position in the salary scale as that of division chiefs. ent shall posses the qualifications required by Members of the fire d compensation as shall be fixed by the city c Ord. 1146, Comp. 1941,p. 1° 3; amd. Ord. 2)02, 7 5 1977; Ord. 502A, 1 10 2011) Updated Draft 12/16/2019 51 chief shall be the director of safety services or the assistant dir eteFel either case appointed p suarft to section of this chstpter. Such tire chiefs iem-the date -of -apt •e e1 of the fallowing -odd numbered year, unless the day of appointment is made during an odd numbered year, in which h,1 1 r >•31 , c eVettt-th.=cir},;iviiatm�aat .-s a.T1-ifs i v-ti-zscciz�`I until l�t:esaauua vi--�,raa's�.rii-ri` a-l-otand-the-termination of the appointment of h gir is duties: cpartm 1. anti assistant cllie-f-ar,-ia.'� assistan--tkle-eat -.4i4lie-properAnstruction, d`, department of the city; the enforcement of all la provisions ofthis axle and other city or or-t etthdition of all property pertaining to the fire city. department, se -far as po in kris able t c 1-betk-t chief and his ndency, control and command of all the officers, firefighters and property belonging to or used by the fire department. 3. Training: Become-iheroughly informed to all matters pertain— 04hc extinguishment ning �divis-ie �' na�'fec shzrl'ae rraintaine� filling in equipment use shallhing of practical a - 1 �� a :.,:¢t r . nt of fifes �l.. ra`s-iiicccez's`v=a-vaca e:s :nYcill-bE= program. ram. proper and Mime t e-feat: 6. Authority To Summon Asaistancc: pe. extinguishment of tires or removing property, and any person refusi ks-out, take ave control of all person: property in danger there: lid in guarding -the ei-kty of an offense. any huitding or property that he may deem necessary for the purpose of checking or stopping the progre of fire in the city- dr )f any fire to person, except those who reside therein, shall be permitted to enter. Updated Draft 12/16/2019 52 e re Hazard4ltert writing, the owner or occupants of li city where th e- chimneys; smokepipes or ftti zfficient1 ecure' an g Me4 bu7ldang, to brtlwitlr-repair, remove, e the sa ons, immediately notiFy-i names, ages and residences of all members of the fire t and whether ventor of all t d-istihar-ge and-the-r-ease+-therefor; also, a the 11 me of the owreef-and the amount of insurance coveraec,. e. Keep rcct e-expcizsc connected with the fire department and each company thereof, and such othef 'hall make• ofthe acti 11. Report on Necessary Equipment, Emergency Expenditures: From time to time make a report t department, and practice may purchase hose or appliances for immediate use in extinguishing fires, not exceeding eu- k udr lar (4, , I so sue `t }f-the-eommittee-ou—there department, by the city. From time to time make a report to the director o_ 2 19€;;} UREAU OF FIRE PREE :`fTTON: the fire chief, a bureau imposition: T department is h the sup of the burc1 u of fire prevention. The f administration and enforcement of the fire prevention cot c lsh nr a a ri lebassoF The rrd—a sr8aaa-�,ez moor re;�. �,a qualifications. The fire chief n_ I ues riu Updated Draft 12/16/2019 1. The fire marshal shall be the direct may be set forth by the fir l-i 53 necessary. Such technica inspectors shall be selected through an e«m z; o zo determine their fitness for the position. C. Duties: It shall he the duty of the officers ofthe bureau of fire preventionto enforce all laws and Olfiiili'll�d,`;"rcrr-axe—cf-��EiF��-iire-rry � civvanz°: 3. The i houses, asylums, hospitals, maintenancc of automatic and other fire alarm systems and -lire )n of Eire -escapes; ers, am - which xrrmbers of persons from time-) time work, live or cong They shal provisions (Ord. 3555, ch other powers and per 198t ) 14 er eby-Feated the p,l pit ,n f` fi G sex „o rt spenribilities of-iradstiiata; 4r rye, obi ale. The fire arson investigator shall be a neace offi pewee-effiee clud her plaec i-rt h in other o the fire marshal. n-irwes t+gator to pe+t m all- • iuties and n and circumstances of wes a;s a rortl r 11ri cer as set forth in ifit:ies attendant to the function of limited to, the power of arrest. (On.-4241, 8 4 ,e Authority: All members of the fire. department shall have and exercise all the powers of f ieea' at t he scene of a fire. B. Presence no-offte- 14- widcrl ther parts of the city attending to t+4rre-departn=rerrt1 eellt-from duly at any tim fire department or -person acting as such, al in -la .mare -during his absence. Updated Draft 12/16/2019 54 aiid rvixrinenancc ef-B department, .vhen not employed in the necessary during eight (8) hours o. of the r,repea y 'oi gi g e the time furnishing the material--th€-refew D. Command at F r een in the city to take charge they repair and improvement erewith, the city the-fi-r�* rfr� fi4L. 4' l=,I,>par-- h- t `ccYcnr iriciir`ci rfficer shall arrive, and for such purpose 1}e shah -have all the powers ofthe chief of the fire department: er to reaeh-streh fires as soon as possil an-i-to immedit power to exti ufS]a stteek-1i in any other capacity that may he nrnplsh the object. F. Extraterritorial Assistance: 1. The fire department of the city is hereby authorized to -answer cater ur rc Boa of+l hi o:41+e rfe-d- .,tead, if the lire chief is absent. 2. The fir ar ot'hrr-e fect-uested by tl his duly authorized assistant acting i department. trg-of ting in his o respond to calls for firefighting g an t of the city are engaged in rendering assistance pur.iu'intto this subsection, they :+hall be con aidered to be within their the city shall -dove the same _otiermmenta1 immunity when responding to such calla as +813, Comp. 1911, p, F 5-tr} 1 6C 1: DEPARTMENT CREATED: NEER-I U -TIES: 16C 3: CITY ENGINEER: Updated Draft 12/16/2019 NT 55 1 6C 1EPART TED- by created. (Ord. 11003,-7 ' `- TIES: ARTICLE DC. BUILDING INSPI DEP It shall be the duty o OF A-INTI~:N,4NCE e city is -hereby -created. a a-Hee-de a romide fef the inspection of Ali cf3r`y r i is e 1"" "' �r �h" `"¢ate, federal c zccio ea x� csrcc7 si crsr lectricad plums ping permits for--ali construction projects and to ministrative supervision for maFHtenance on all city owneil buildings. (Ord. 4513, 9 4-7-2(01-) 1 6I) 3: MANAC ,v ENT ,4 A. Appointment: A building official/mar -pointed by the mayor trnd subject to the approval of the city council and shall be directly responsible to the ma} or. S-ueh-it r a; c . ,'„nee--wi-th all city al. e di meat o-employees. nt; Supervision and Duties: The building official/maintenance administrator shall permits and maintenance department. The frruows: rpr mulgatc letrotc and regulations for the conduct and guida.ncc of ie members of the building inspection permits and maintenance department within the 2,4 re- f the 4epertment for each year he-same-te Updated Draft 12/16/2019 56 nel of the building department .s deemed necessary to caffy-o-a-t-the functi permits and rnaintenaneedepl conduct and management of the department consistent w emits and m ons ofthe-tiu 0 and regulations for the ith the city's policies; /l. To wcrvriYv c�"r'rre scrss.�c�Y=u v-r-cY,ici�a.-`�°°-"u—u'ri`y`;sun'vrc`zzisircv 1rGCtI C}n--f9r of orders, misconduct or failufe-tei properly perform the dude in ac rdztne • vi a ea d detrartrnental-peli r app ra �n over the conduct etor, building ittspeethr-and-heati' Ei er rti t" nifcx dcng code, unift code und national electrical code in the form adopted 4y the city council, as they relate to construction acti' ity within the city; 7. To coordinat activities with the lire `t tme- er-eity tt&ieedc, life safety code and 8. To prev-ide-cede-enfefeense t of aII ordinances --re tr 4n� r endemnation and building, moving. ice installations, >}iEiat-building 9. Provide administration of maintenance on all city owned or operated buildings. and maintenance system that will outline the conditie+ ilding y t� or coI i-e. Foof, heating and air ee d-itioning} improvement program with yearly update+, c. Establish and administ eity council. d. Provide all dministrativc oversight for payroll, pry employee review and employee discipline as they t=elkt building maintenance. Updated Draft 12/16/2019 maintenance/capital csentation to �ouehcr3, record keeping, anee-e# city re committee and council all documents as they relate to building ooms and golf 57 g. Work with the airport director to eotrrdi-rrate--rrr ' tree on the airpe t� a and support hangers as it relates to buildin-&per-ati rr (i9cd 'ISM N-RE IN-,.> 1NtS'I'R- iicial/rnainteriance administrator shall be out ted a building official official/mainten dmini trator or the mayor - dirties of-d+e-building of6cial/-rrrait 1 6E ARTICLE EH. PLANNI-NAND T RTATIC ESA' J 1- PAR'I'M/ D-DU MENT la gz n a: n ,orta ' a. p^ +® rt «a t r it hereby created. (Ord. zl('03, 2 7-1494) 4theplanling and transportation departmentte--guide a fu professional �r Er e �alltit depai4 Y pum ' z ar�el Eiti ens public ent A. Appointment: the city council and shall be directly responsible to h all city policies and procedures r Ora appoint tmcnt, selection and ner shall be out of the city, or unable to act not appointed a ci4 na - the city planner o have-attel-e erci:s Updated Draft 12/16/2019 ci ho shall 58 irect and manage the The cif-n4anner's duties sh11 be sts fellows: station de policy; 2 1 o make-a-rran-Hu�r Er€ tl—aet he tiled with the mayor; 3. To asI of the plan* out the functic prescribe rules an r-egu1a.6-0+13 i -14he conduct 11. To nce oldie • of -city •r 4I H a nne-te dep-artme t� s deemed on department, and to t o t�°e�zr z=tt disobedience of orders, misconduct' r properly perform the subefelitrate's-duties' aee dance with law and departmental polappropriate just cause; neglect rbe performed any other duties as directed by the maor; b. To supervise and eeord-M-ate development oft err ances, including the necessary research, analysis, plan devvlep-m Bt and writing and-ed-iti -epEert an-al-ysis of the caty'.4 F Sys zrl and socioeconomi-e Lion and economic forecasts; tutd-eumrnunity-developrnent projects, signitican •ng-and in other communities; development programs; echniques being -utilized -1-0 T udget alter consultation with the planning, programmr determine schedules and review progress on the work prograrrt putalie pr ' ndertaken by ci-t ee-un-ty-and other g€rvernntal alter r� ° Updated Draft 12/16/2019 , special districts, the Ie svi l -eify-plans; 59 -12-Toaid t do-velo- 13. To prepare educatio officials and cifizensm planning and work performed by profession studies; Ti-r-rg-and zoning commission is prograir� ar�d 0t her l until in the ials; consult vtiithdevelopers, public :-and--COE d ii ate iir �l P € i ie the cntbrcement of all zoning regulations enacted by the city; 15.Toe frei=related ac 1 1 Fa to rvise e the city; inistration and fated trhnp„�a o. eeonomrc fret of eeted-en iLi siona-l-eonsulting firms engineering act' vitie -e-f 1 Y. To provide staff serviccs and coordinate the activitie3 of the Waterloo redevelopment -authority end ' cwclopmcnt efforts; -1-9—To develop, monitor-' the-e' z�v " p �ri8i ng a d wanspertation depict twill programming and zoning commision. (Ord. 4003, 2 7 1994) AR 244+ 2: DE- UTIES: A. It shall he the duty of the department of safety services to oversee the poke ARTICL ATE - and data ENT OIL" TY SERVICES to -perform this code, whic d.5024, 1 10 tfy assigned to the fire equired by th=1€ wa ode to be and Updated Draft 12/16/2019 60 ap B. Absc Service dies -of the direct i}ty council • ce with all city polio yes: CES: the director of safety services shall be out t -account of „ickness or any other reason (inch ice;-orf etor of safe a designee-whi-11 e:T vision and Duties: The director of safety se: ), the di-rec4or of safety xcrc-ise a-1-1-t1} rsowe-fs-an4 supervise, direct, -es shall: �. t tc:y sub3cci3i`�ii ri4-zs -t1114 s(.'etien, al"gip et services police to manage the operations of thc police- dye assig: O sub ccetiOn 00.13 and any other provision ofthe lowu Code • usively to the poi eh-ief uhject to subsection CI d of this section, appoint an assistant director of safety manage the operations of }d e Hire depar dnt in, said as,;istatit-director may, •p- Code -ire elusively to the fire chief; hat the directe rvices is also-tip:fie-jilted-poi' hiefe .: ction, the director of safety services rt an a3 ,i3tant director of the department for which he oserves as chief, If the director does choose to appoint an assistant the dire •t department and the nt director delegated by order of the services police and Updated Draft 12/16/2019 61 3. Provided the di el}ief-pursuant-ter-subsection E. of ei D. Limitation on At depai4ment, shall t'rr ro s >sitiins of poli ety ° v ee 'a -eh -actions i this chapter to the extent they are required by chapter 80D ither police chief or fire lion or perferm any duty code of Iowa. f the Iowa Code, section of this code ehaptcr to the extent they are required by Iowa Code scet=ions--I00.2, 102.2, and-1-0-2 ianen- tor --to Chief Position: in lieu of the -di -Fee the assistant direEeE3tees- eit he ue44ee chic approval of the city eounei chief or lire chi ptf k dedtlie-individeal dircctei-rvf-s�rl office of police c Iowa Code, the hicf and fire ehief at the same time, F. Qualifications: The director of safety 3ervicc3 must be appointed from the chiefs civil Liervicc eligible lists prole idcd ior-i CHAPTER 79 MUNICIPAL ELECTIONS 1-79-1: NOMINATION PROCEDURES ADOPTED: 1-79-2: WARDS: 149-3: PRECINCTS: 1-79-1: NOMINATION PROCEDURES ADOPTED: 011 A. Purpose: The purpose of this section is to designate the methods by which candidates for elective municipal offices in the city shall be nominated. (Ord. 2768, 9-22-1975) B. Providing for Runoff Elections: For the 2003 municipal election and in subsequent municipal elections within the city of Waterloo, Iowa, city elections shall be conducted as provided in Iowa Code (2001) chapter 376, and any amendments to it. The city of Waterloo, Iowa, does hereby elect to hold a runoff election when a position for an office within said city is unfilled because of a failure of a sufficient number of candidates to receive a majority vote in a regular city election, all as provided in Iowa Code, chapter 376. (Ord. 4582, 10-14-2002) 1-79-2: WARDS: The territory embraced within the city limits of the city of Waterloo, Iowa, shall be divided into five (5) wards, to be called the first, second, third, fourth and fifth wards, the boundaries of said Updated Draft 12/16/2019 62 wards are hereby established and defined and set out in this section. First Ward: The first ward shall be all the territory within the city limits of the city of Waterloo, Iowa, hereinafter described as follows: Beginning at the point of intersection of the Westerly city limit line and centerline of Rainbow Drive, thence Southeasterly along the centerline of Rainbow Drive to the centerline of Hanna Boulevard, thence South along the centerline of Hanna Boulevard to the centerline of Joy Drive, thence West along the centerline of Joy Drive to the centerline of Hanna Boulevard, thence South along the centerline of Hanna Boulevard to the centerline of Maxine Avenue, thence West along the centerline of Maxine Avenue to the centerline of Auburn Street, thence South along the centerline of Auburn Street to the centerline of Maynard Avenue, thence West along the centerline of Maynard Avenue to the centerline of Beverly Hills Street, thence South along the centerline of Beverly Hills Street to the centerline of Carriage Hill Drive, thence Southeasterly along the centerline of Carriage Hill Drive to the centerline of Stephan Avenue, thence South along the centerline of Stephan Avenue to the centerline of Falls Avenue, thence West along the centerline of Falls Avenue to the centerline of University Avenue, thence Southeasterly along the centerline of University Avenue to the centerline of Ansborough Avenue, thence South along the centerline of Ansborough Avenue to the centerline of Black Hawk Creek, thence Easterly and Northeasterly along the centerline of Black Hawk Creek to the centerline of Fletcher Avenue, thence South along the centerline of Fletcher Avenue to the centerline of Summit Avenue extended Westerly, thence East along the extended centerline of Summit Avenue and the centerline of Summit Avenue to the centerline of Chicago Street, thence North along the centerline of Chicago Street to the North limit of platted Chicago Street, thence Southeasterly in a straight line to the North limit of the centerline of Moir Street, thence Southeasterly in a straight line to the North limit of the centerline of Marsh Street, thence South along the centerline of Marsh Street to where the centerline of Sherwood Court would intersect if extended Westerly, thence East along the extended centerline of Sherwood Court and the centerline of Sherwood Court to the centerline of Sullivan Avenue, thence North and Northeasterly along the centerline of Sullivan Avenue to the centerline of Elmwood Street, thence East along the centerline of Elmwood Street to the centerline of Western Avenue, thence Northwesterly along the centerline of Western Avenue to the centerline of West Mullan Avenue, thence Easterly along the centerline of West Mullan Avenue to the centerline of Locust Street, thence Southeasterly along the centerline of Locust Street to the centerline of West Fourth Street, thence Southwesterly along the centerline of West Fourth Street to the centerline of Ansborough Avenue, thence South along the centerline of Ansborough Avenue to the South city limit line, thence West along the South city limit line and continuing in a clockwise direction along the city limit line to the point of beginning Second Ward: The second ward shall be all the territory within the city limits of the city of Waterloo, Iowa, hereinafter described as follows: Beginning at the point of intersection of the centerline of Ansborough Avenue and the intersection of Ridgemont Road, thence East along the centerline of Ridgemont Road to the centerline of Loralin Drive, thence North along the centerline of Loralin Drive to the centerline of Rachael Street, thence Easterly along the centerline of Rachael Street to the centerline of Updated Draft 12/16/2019 63 South Hill Drive, thence South along the centerline of South Hill Drive to the centerline of Rachael Street, thence Easterly along the centerline of Rachael Street to the centerline of Colby Road, thence North along the centerline of Colby Road to the centerline of West Park Lane, thence Easterly along the centerline of West Park Lane to the centerline of Kimball Avenue, thence North along the centerline of Kimball Avenue to the centerline of Ridgeway Avenue, thence East along the centerline of East Ridgeway Avenue to the centerline of Edgemont Avenue, thence South along the centerline of Edgemont Avenue to the centerline of Cataract Avenue, thence Easterly along the centerline of Cataract Avenue to the centerline of Barton Avenue, thence Southerly along the centerline of Barton Avenue to the centerline of Alpine Drive, thence Southeasterly along the centerline of Alpine Drive to the centerline of Saratoga Drive, thence Northeasterly along the centerline of Saratoga Drive to the centerline of Rudi Place, thence Southeasterly along the centerline of Rudi Place to the centerline of West Ninth Street, thence North along the centerline of West Ninth Street to the centerline of Mitchell Avenue, thence East along the centerline of Mitchell Avenue to the centerline of Ohio Street, thence North along the centerline of Ohio Street to the centerline of Byron Avenue, thence West along the centerline of Byron Avenue to the centerline of Ohio Street, thence North along the centerline of Ohio Street to the centerline of Southbound Washington Street, thence Northwesterly along the centerline of Southbound Washington Street to the centerline of Williston Avenue, thence Easterly along the centerline of Williston Avenue to the centerline of West Eighteenth Street, thence Northeasterly along the centerline of West Eighteenth Street to the Cedar River, thence proceeding Southeasterly along the Cedar River until it intersects the city limits of the City of Waterloo at a point on the North line of the Cedar River that would intersect a Southerly extension of the centerline of Randall Avenue, thence proceeding first South and then in a clockwise direction along the city limits of the City of Waterloo to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to the point of beginning. Third Ward: The third ward shall be all the territory within the city limits of the city of Waterloo, Iowa, hereinafter described as follows: Beginning at the point of intersection of the centerline of Leversee Road (the west city limit line) and the centerline of West Dunkerton Road (the north city limit line), thence East and South along the northerly city limit line to the centerline of Moline Road, thence South along the centerline of Moline Road to the centerline of East Donald Street, thence West along the centerline of East Donald Street to the centerline of Logan Avenue, thence Southerly along the centerline of Logan Avenue to the centerline of East Mullan Avenue, thence Southeasterly along the centerline of East Mullan Avenue to the centerline of Kern Street, thence Southwesterly along the centerline of Kern Street to the centerline of Logan Avenue, thence South along the centerline of Logan Avenue to the centerline of Conger Street, thence Southwesterly along the centerline of Conger Street to the centerline of the spur track of the Chicago Central and Pacific Railway Company right-of-way, thence Southwesterly following centerline of said spur track to the centerline of Utica Street, thence Southwesterly along the centerline of Utica Street and its extension to the centerline of Lafayette Street, thence Northwesterly along the centerline of Lafayette Street to the point where the most Westerly spur line of said railroad intersects, thence Southeasterly along said spur line to the point where the centerline of Sycamore Street extended Westerly would intersect the centerline of the Chicago Central & Pacific Railroad right-of-way, Updated Draft 12/16/2019 64 thence Southeasterly along the centerline of said railroad to the centerline of East Mullan Avenue, thence Southwesterly along the centerline of East Mullan Avenue to the Cedar River, thence Southeasterly along the Cedar River to the centerline of Union Pacific Railroad right-of- way, thence Southwesterly along the centerline of Union Pacific Railroad right-of-way to the centerline ofJefferson Street, thence Northwesterly along the centerline ofJefferson Street to the centerline of West Sixth Street, thence Southwesterly along the centerline of West Sixth Street to the centerline of Washington Street as originally platted, thence Northwesterly along the centerline of Washington Street as originally platted to the centerline of West Fourth Street, thence Southwesterly along the centerline of West Fourth Street to the centerline of Locust Street, thence Northwesterly along the centerline of Locust Street to the centerline of West Mullan Avenue, thence Westerly along the centerline of West Mullan Avenue to the centerline of Western Avenue, thence Southeasterly along the centerline of Western Avenue to the centerline of Elmwood Street, thence West along the centerline of Elmwood Street to the centerline of Sullivan Avenue, thence Southerly along the centerline of Sullivan Avenue to the centerline of Sherwood Court, thence West along the centerline of Sherwood Court and the westerly extension of the centerline of Sherwood Court to the centerline of Marsh Street, thence North along the centerline of Marsh Street to the North limit of Marsh Street, thence Northwesterly in a straight line to the North limit of the centerline of Moir Street, thence Northwesterly in a straight line to the North limit of the centerline of Chicago Street, thence South along the centerline of Chicago Street to the centerline of Summit Avenue, thence West along the centerline of Summit Avenue and that line extended West to the centerline of Fletcher Avenue, thence north along the centerline of Fletcher Avenue to the centerline of Black Hawk Creek, thence Southwesterly and Westerly along the centerline of Black Hawk Creek to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to the centerline of University Avenue, thence Northwesterly along the centerline of University Avenue to the centerline of Falls Avenue, thence East along the centerline of Falls Avenue to the centerline of Stephan Avenue, thence north along the centerline of Stephan Avenue to the centerline of Carriage Hill Drive, thence Northwesterly along the centerline of Carriage Hill Drive to the centerline of Beverly Hills Street, thence Northerly along the centerline of Beverly Hills Street to the centerline of Maynard Avenue, thence East along the centerline of Maynard Avenue to the centerline of Auburn Street, thence North along the centerline of Auburn Street to the centerline of Maxine Avenue, thence East along the centerline of Maxine Avenue to the centerline of Hanna Boulevard, thence North along the centerline of Hanna Boulevard to the centerline of Joy Drive, thence East along the centerline of Joy Drive to the centerline of Hanna Boulevard, thence North along the centerline of Hanna Boulevard to the centerline of Rainbow Drive, thence Northwesterly along the centerline of Rainbow Drive to the west city limit line, thence Northerly in a clockwise direction along the city limit line to the point of beginning Fourth Ward: The fourth ward shall be all the territory within the city limits of the city of Waterloo, Iowa, hereinafter described as follows: Beginning at the point of intersection of the centerline of Moline Road and the North city limit line, thence East, South and West in a clockwise direction along the city limit line to its intersection with the North line of the Cedar River, thence Southeasterly along the North line to the Cedar River to a point on said North line that would intersect a Southerly extension of the centerline of Randall Avenue, thence Northwesterly along the Cedar River to the centerline of Updated Draft 12/16/2019 65 East Mullan Avenue, thence Northeasterly along the centerline of East Mullan Avenue to the point of intersection of the first spur line of the Chicago Central and Pacific Railroad, thence Northwesterly following said spur line to the point at which the centerline of Sycamore Street extended Northwesterly would intersect said spur line, thence Northwesterly along said spur line to a point where the most Westerly spur line of said tracks intersects the centerline of Lafayette Street, thence Southeasterly along the centerline of Lafayette Street to the centerline of Utica Street, thence Northeasterly along Utica Street and its extension to the centerline of the spur track of the Chicago Central and Pacific right-of-way, thence Northerly along the said centerline to the centerline of Conger Street, thence Easterly along the centerline of Conger Street to the centerline of Logan Avenue, thence North along the centerline of Logan Avenue to the centerline of Kern Street, thence Northeasterly along the centerline of Kern Street to the centerline of East Mullan Avenue, thence Northwesterly along the centerline of East Mullan Avenue to the centerline of Logan Avenue, thence North along the centerline of Logan Avenue to the centerline of East Donald Street, thence East along the centerline of East Donald Street to the centerline of Moline Road, thence North along the centerline of Moline Road to the point of beginning. Fifth Ward: The fifth ward shall be all the territory within the city limits of the city of Waterloo, Iowa, hereinafter described as follows: Beginning at the point of intersection of the centerline of West Eighteenth Street and the Cedar River, thence Southwesterly along the centerline of West Eighteenth Street to the centerline of Williston Avenue, thence Westerly along the centerline of Williston Avenue to the centerline of Southbound Washington Street, thence Southeasterly along the centerline of Southbound Washington Street to the centerline of Ohio Street, thence South along the centerline of Ohio Street to the centerline of Byron Avenue, thence East along the centerline of Byron Avenue to the centerline of Ohio Street, thence South along the centerline of Ohio Street to the centerline of Mitchell Avenue, thence West along the centerline of Mitchell Avenue to the centerline of West Ninth Street, thence South along the centerline of West Ninth Street to the centerline of Rudi Place, thence Northwesterly along the centerline of Rudi Place to the centerline of Saratoga Drive, thence Southwesterly along the centerline of Saratoga Drive to the centerline of Alpine Drive, thence Northwesterly along the centerline of Alpine Drive to the centerline of Barton Avenue, thence Northerly along the centerline of Barton Avenue to the centerline of Cataract Avenue, thence Westerly along the centerline of Cataract Avenue to the centerline of Edgemont Avenue, thence North along the centerline of Edgemont Avenue to the centerline of East Ridgeway Avenue, thence West along the centerline of East Ridgeway Avenue to the centerline of Kimball Avenue, thence South along the centerline of Kimball Avenue to the centerline of West Park Lane, thence Westerly along the centerline of West Park Lane to the centerline of Colby Road, thence South along the centerline of Colby Road to the centerline of Rachael Street, thence Westerly along the centerline of Rachael Street to the centerline of South Hill Drive, thence north along the centerline of South Hill Drive to the centerline of Rachael Street, thence Westerly along the centerline of Rachael Street to the centerline of Loralin Drive, thence South along the centerline of Loralin Drive to the centerline of Ridgemont Road, thence West along the centerline of Ridgemont Road to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to the centerline of West Fourth Street, thence Northeasterly along the centerline of West Fourth Street to the centerline of Washington Street as originally platted, thence Southeasterly along the centerline of Washington Street as originally platted to Updated Draft 12/16/2019 66 the centerline of West Sixth Street, thence Northeasterly along the centerline of West Sixth Street to the centerline of Jefferson Street, thence southeasterly along the centerline of Jefferson Street to the centerline of the Union Pacific Railroad, thence Northeasterly along the centerline of the Union Pacific Railroad to the Cedar River, thence Southeasterly along the Cedar River to the point of beginning (Ord. 5066, 8-8-2011, eff. 1-15-2012) 1-79-3: PRECINCTS: The territory embraced within the various wards within the city limits of the city of Waterloo, Iowa, shall be divided into precincts to be known as the 1st precinct of the first ward, the 2nd precinct of the first ward, the 3rd precinct of the first ward, the 4th precinct of the first ward, the 5th precinct of the first ward and the 6th precinct of the first ward; and the 1st precinct of the second ward, the 2nd precinct of the second ward, the 3rd precinct of the second ward, the 4th precinct of the second ward, the 5th precinct of the second ward and the 6th precinct of the second ward; and the 1st precinct of the third ward, the 2nd precinct of the third ward, the 3rd precinct of the third ward, the 4th precinct of the third ward, the 5th precinct of the third ward and the 6th precinct of the third ward; and the 1st precinct of the fourth ward, the 2nd precinct of the fourth ward, the 3rd precinct of the fourth ward, the 4th precinct of the fourth ward, the 5th precinct of the fourth ward and the 6th precinct of the fourth ward; and the 1st precinct of the fifth ward, the 2nd precinct of the fifth ward, the 3rd precinct of the fifth ward, the 4th precinct of the fifth ward, the 5th precinct of the fifth ward and the 6th precinct of the fifth ward. 1st Precinct of the First Ward: The 1st precinct of the first ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the Westerly city limit line and the centerline of Rainbow Drive, thence Southeasterly along the centerline of Rainbow Drive to the centerline of Hanna Boulevard, thence South along the centerline of Hanna Boulevard to the centerline of Joy Drive, thence West along the Centerline of Joy Drive to the centerline of Hanna Boulevard, thence South along the centerline of Hanna Boulevard to the centerline of Maxine Avenue, thence West along the centerline of Maxine Avenue to the centerline of Auburn Street, thence South along the centerline of Auburn Street to the centerline of Maynard Avenue, thence West along the centerline of Maynard Avenue to the centerline of Beverly Hills Street, thence Southerly along the centerline of Beverly Hills Street to the centerline of Carriage Hill Drive, thence Southeasterly along the centerline of Carriage Hill Drive to the centerline of Stephan Avenue, thence South along the centerline of Stephan Avenue to the centerline of Falls Avenue, thence West along the centerline of Falls Avenue to the centerline of University Avenue, thence Northwesterly along the centerline of University Avenue to the West city limit line, thence North along the West city limit line to the point of beginning. 2nd Precinct of the First Ward: The 2nd precinct of the first ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the West city limits and the centerline of University Avenue, thence Southeasterly along the centerline of University Avenue to a point where the Updated Draft 12/16/2019 67 centerline of Alabar Avenue, if extended would intersect the centerline of University Avenue, thence Westerly along said extension of the centerline of Alabar Avenue and the centerline of Alabar Avenue to the centerline of Linbud Lane, thence South along the centerline of Linbud Lane to the centerline of Sager Avenue, thence East along the centerline of Sager Avenue to the centerline of Doreen Avenue, thence South along the centerline of Doreen Avenue to the centerline of Downing Avenue, thence West along the centerline of Downing Avenue to the centerline of Wren Road, thence South along the centerline of Wren Road to the centerline of Huntington Road, thence West along the centerline of Huntington Road to the West city limits, thence North along the West city limit line to the point of beginning. 3rd Precinct of the First Ward: The 3rd precinct of the first ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point where the centerline of Fletcher Avenue intersects the Westerly extension of the centerline of Summit Avenue, thence East along the centerline of extended Summit Avenue, and Summit Avenue to the centerline of Chicago Street, thence North along the centerline of Chicago Street to the North limit of platted Chicago Street, thence Southeasterly in a straight line to the North limit of the centerline of Moir Street, thence Southeasterly in a straight line to the North limit of the centerline of Marsh Street, thence South along the centerline of Marsh Street to where the centerline of Sherwood Court would intersect if extended Westerly, thence East along the extended centerline of Sherwood Court and the centerline of Sherwood Court to the centerline of Sullivan Avenue, thence North and Northeasterly along the centerline of Sullivan Avenue to the centerline of Elmwood Street, thence East along the centerline of Elmwood Street to the centerline of Western Avenue, thence Northwesterly along the centerline of Western Avenue to the centerline of West Mullan Avenue, thence Easterly along the centerline of West Mullan Avenue to the centerline of Locust Street, thence Southeasterly along the centerline of Locust Street to the centerline of W. Fourth Street, thence Southwesterly along the centerline of W. Fourth Street to the centerline of Campbell Avenue, thence West along the Centerline of Campbell Avenue to the centerline of Fletcher Avenue, thence North along the centerline of Fletcher Avenue to the point of beginning. 4th Precinct of the First Ward: The 4th precinct of the first ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at a point where the West city limit line intersects the centerline of Huntington Road, thence East along the centerline of Huntington Road to the centerline of Wren Road, thence North along the centerline of Wren Road to the centerline of Downing Avenue, thence East along the centerline of Downing Avenue to the centerline of Doreen Avenue, thence North along the centerline of Doreen Avenue to the centerline of Sager Avenue, thence West along the centerline of Sager Avenue to the centerline of Linbud Lane, thence North along the centerline of Linbud Lane to the centerline of Alabar Avenue, thence Easterly along the centerline of Alabar Avenue and the centerline of Alabar Avenue extended Easterly to the centerline of University Avenue, thence Southeasterly along the centerline of University Avenue to the centerline of Ansborough Avenue, thence South along the centerline of Ansborough Avenue to the centerline of Black Hawk Creek, thence Northeasterly along the centerline of Black Hawk Creek to the centerline of Fletcher Avenue, thence South along the centerline of Fletcher Avenue to the Updated Draft 12/16/2019 68 centerline of Campbell Avenue, thence East along the centerline of Campbell Avenue to the centerline of West Fourth Street, thence Southwesterly along the centerline of West Fourth Street to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to the centerline of Carrington Avenue, thence West along the centerline of Carrington Avenue to the centerline of Sergeant Road (also known as Highway 63), thence Southwesterly along the centerline of Sergeant Road to the centerline of Martin Road, thence Westerly and Southerly along the centerline of Martin Road to the centerline of West Ridgeway Avenue, thence West along the centerline of West Ridgeway Avenue to the centerline of Black Hawk Creek, thence Northerly along the centerline of Black Hawk Creek to the city limit line thence East and North following the city limits to the point of beginning. 5th Precinct of the First Ward: The 5th precinct of the first ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at a point of intersection of the centerline of West Ridgeway Avenue and the centerline of Martin Road, thence Northerly and Easterly along the centerline of Martin Road to the centerline of Sergeant Road (also known as Highway 63), thence Northeasterly along the centerline of Sergeant Road to the centerline of Carrington Avenue, thence East along the centerline of Carrington Avenue to the centerline of Ansborough Avenue, thence South along the centerline of Ansborough Avenue to the centerline of Ridgemont Road, thence West along the centerline of Ridgemont Road to the centerline of Inverness Road, thence Northerly and Northwesterly along the centerline of Inverness Road to the centerline of Doral Drive, thence Northerly along the centerline of Doral Drive to the centerline of West 4th Street, thence Northeasterly along the centerline of West 4th Street to the centerline of West Ridgeway Avenue, thence West along the centerline of West Ridgeway Avenue to the point of beginning. 6th Precinct of the First Ward: The 6th precinct of the first ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at a point of intersection of the centerline of Black Hawk Creek and the centerline of West Ridgeway Avenue, thence East along the centerline of West Ridgeway Avenue to the centerline of West 4th Street, thence Southwesterly along the centerline of West 4th Street to the centerline of Doral Drive, thence Southerly along the centerline of Doral Drive to the centerline of Inverness Road, thence Southeasterly and Southerly along the centerline of Inverness Road to the centerline of Ridgemont Road, thence East along the centerline of Ridgemont Road to the centerline of Ansborough Avenue, thence South along the centerline of Ansborough Avenue to the intersection with the South city limit line, thence West along the South city limit line and continuing in a clockwise direction to a point where the city limit line intersects the centerline of Black Hawk Creek (said point lying Easterly of Deere Road), thence Southwesterly along the centerline of Black Hawk Creek to the point of beginning. 1st Precinct of the Second Ward: The 1st precinct of the second ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Kimball Avenue and the centerline of East Ridgeway Avenue, thence East along the centerline of East Ridgeway Avenue to the Updated Draft 12/16/2019 69 centerline of Edgemont Avenue, thence South along the centerline of Edgemont Avenue to the centerline of Cataract Avenue, thence Easterly along the centerline of Cataract Avenue to the centerline of Barton Avenue, thence Southerly along the centerline of Barton Avenue to the centerline of Alpine Drive, thence Southeasterly along the centerline of Alpine Drive to the centerline of Saratoga Drive, thence Northeasterly along the centerline of Saratoga Drive to the centerline of Rudi Place, thence Southeasterly along the centerline of Rudi Place to the centerline of West Ninth Street, thence Southwesterly and Southerly along the centerline of West 9th Street to the centerline of E. San Marnan Drive, thence West along the centerline of E. San Marnan Drive to the centerline of Kimball Avenue, thence North along the centerline of Kimball Avenue to the point of beginning. 2nd Precinct of the Second Ward: The 2nd precinct of the second ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of East Ridgeway Avenue and the centerline of West 9th Street, thence East along the centerline of East Ridgeway Avenue to the centerline of Hammond Avenue, thence South along the centerline of Hammond Avenue to the centerline of East San Marnan Drive, thence West along the centerline of East San Marnan Drive to the centerline of West 9th Street, thence North and Northeasterly along the centerline of West 9th Street to the point of beginning. 3rd Precinct of the Second Ward: The 3rd precinct of the second ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Mitchell Avenue and the centerline of West 9th Street, thence East along the centerline of Mitchell Avenue to the centerline of LaPorte Road, thence South along the centerline of LaPorte Road to the centerline of East Ridgeway Avenue, as originally platted, thence West along the centerline of East Ridgeway Avenue as originally platted to the centerline of West 9th Street, thence North along the centerline of West 9th Street to the point of beginning. 4th Precinct of the Second Ward: The 4th precinct of the second ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Hawkeye Road (also known as Hwy. 21) and the centerline of East San Marnan Drive, thence East along the centerline of East San Marnan Drive to the centerline of Hammond Avenue, thence North along the centerline of Hammond Avenue to the centerline of East Ridgeway Avenue, thence East along the centerline of East Ridgeway Avenue as originally platted to the centerline of LaPorte Road, thence North along the centerline of LaPorte Road to the centerline of Mitchell Avenue, thence West along the centerline of Mitchell Avenue to the centerline of Ohio Street, thence North along the centerline of Ohio Street to the centerline of Byron Avenue, thence West along the centerline of Byron Avenue to the centerline of Ohio Street, thence North along the centerline of Ohio Street to the centerline of Southbound Washington Street, thence Northwesterly along the centerline of Southbound Washington Street to the centerline of Williston Avenue, thence Easterly along the centerline of Williston Avenue to the centerline of West Eighteenth Street, thence Northeasterly Updated Draft 12/16/2019 70 along the centerline of West Eighteenth Street to the Cedar River, thence proceeding Southeasterly along the Cedar River until it intersects the city limits of the City of Waterloo at a point on the North line of the Cedar River that would intersect a Southerly extension of the centerline of Randall Avenue, thence following the city limit line in a clockwise direction to the centerline of East Shaulis Road, thence West along the centerline of East Shaulis Road to the centerline of Hawkeye Road, thence North along the centerline of Hawkeye Road to the point of beginning. 5th Precinct of the Second Ward: The 5th precinct of the second ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Hawkeye Road (also known as Hwy. 21) and the centerline of East Shaulis Road, thence Easterly along the centerline of East Shaulis Road to the East city limit line, thence following the East and South city limit lines in a clockwise direction to the centerline of Hawkeye Road, thence North along the centerline of Hawkeye Road to the point of beginning 6th Precinct of the Second Ward: The 6th precinct of the second ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the intersection of the centerline of Ansborough Avenue and the centerline of Ridgemont Road, thence East along the centerline of Ridgemont Road to the centerline of Loralin Drive, thence North along the centerline of Loralin Drive to the centerline of Rachael Street, thence Easterly along the centerline of Rachael Street to the centerline of South Hill Drive, thence South along the centerline of South Hill Drive to the centerline of Rachael Street, thence Easterly along the centerline of Rachael Street to the centerline of Colby Road, thence North along the centerline of Colby Road to the centerline of West Park Lane, thence Northerly and Easterly along the centerline of West Park Lane to the centerline of Kimball Avenue, thence South along the centerline of Kimball Avenue to the centerline of East San Marnan Drive, thence East along the centerline of East San Marnan Drive to the centerline of Hawkeye Road (also known as Highway 21), thence South along the centerline of Hawkeye Road to the South city limits, thence West, North and West following the South city limit line in a clockwise direction to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to the point of beginning. 1st Precinct -}f-of the Third Ward: The 1st precinct of the third ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Leversee Road and the centerline of West Dunkerton Road, (which point is also on the city limit line), thence Easterly following the Northerly city limit line of Waterloo to the centerline of Wagner Road, thence South along the centerline of Wagner Road to the centerline of Candlewick Road, thence South along the centerline of Candlewick Road to the centerline of Woodmayr Drive, thence East along the centerline of Woodmayr Drive to the centerline of Cedar Bend Street, thence South along the centerline of Cedar Bend Street to the centerline of West Donald Street, thence East along the centerline of West Donald Street to the centerline of Normandy Street, thence South along the Updated Draft 12/16/2019 71 centerline of Normandy Street to the centerline of Northey Street, thence East along the centerline of Northey Street to the centerline of Longfellow Avenue, thence South along the centerline of Longfellow Avenue to the centerline of West Parker Street, thence East along the centerline of West Parker Street to the centerline of Burton Avenue, thence South along the centerline of Burton Avenue to the centerline of Dawson Street, thence East along the centerline of Dawson Street to the centerline of Avon Avenue, thence South along the centerline of Avon Avenue to the centerline of Conger Street, thence West along the centerline of Conger Street to the centerline of Burton Avenue, thence South on the centerline of Burton Avenue, and an extension thereof, to the Cedar River, thence Northwesterly along the Cedar River to the centerline of West Conger Street, thence Southwesterly along the centerline of West Conger Street to the centerline of relocated Ansborough Avenue, thence West and Southwesterly along the centerline of relocated Ansborough Avenue to the centerline of Maynard Avenue, thence West along the centerline of Maynard Avenue to the centerline of Chicago Central & Pacific Railroad spur line, thence Northwesterly following the centerline of said railroad to the point where the centerline of Rainbow Drive intersects said railroad centerline for the second time, thence Northwesterly along the centerline of Rainbow Drive to the West city limits, thence Northerly following the West city limit line in a clockwise direction to the point of beginning. 2nd Precinct Of of The the Third Ward: The 2nd precinct of the third ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the North city limit line and the centerline of Wagner Road, thence Easterly and Southerly following the city limit line in a clockwise direction to the intersection with the centerline of Moline Road, thence South along the centerline of Moline Road to the centerline of East Donald Street, thence West along the centerline of East Donald Street and West Donald Street to the centerline of Burton Avenue, thence South along the centerline of Burton Avenue to the centerline of Broadway Street, thence Northwesterly along the centerline of Broadway Street to the Easterly extension of the centerline of Northey Street, thence West along the centerline of extended Northey Street, and Northey Street to the centerline of Normandy Street, thence North along the centerline of Normandy Street to the centerline of West Donald Street, thence West along the centerline of West Donald Street to the centerline of Cedar Bend Street, thence North along the centerline of Cedar Bend Street to the centerline of Woodmayr Drive, thence West along the centerline of Woodmayr Drive to the centerline of Candlewick Road, thence North along the centerline of Candlewick Road to the centerline of Wagner Road, thence Northerly along the centerline of Wagner Road to the point of beginning 3rd Precinct Of of The -the Third Ward: The 3rd precinct of the third ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Burton Avenue and the centerline of West Donald Street, thence East along the centerline of West Donald Street to the centerline of Logan Avenue, thence South along the centerline of Logan Avenue to the centerline of East Mullan Avenue, thence Southeasterly along the centerline of East Mullan Avenue to the centerline of Kern Street, thence Southwesterly along the centerline of Kern Street to the centerline of Logan Avenue, thence South along the centerline of Logan Avenue to the centerline of Conger Street, thence Westerly along the centerline of Conger Street to the centerline of Updated Draft 12/16/2019 72 Broadway Street, thence North and Northwesterly along the centerline of Broadway Street to the centerline of Burton Avenue, thence North along the centerline of Burton Avenue to the point of beginning. 4th Precinct Of of the Third Ward: The 4th precinct of the third ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Northey Street and the centerline of Longfellow Avenue, thence East along the centerline of Northey Street and its extension to the centerline of Broadway Street, thence Southeasterly and Southerly along the centerline of Broadway Street to the centerline of Conger Street, thence Easterly along the centerline of Conger Street to the centerline of the Chicago Central & Pacific Railway right-of-way, thence Southerly and Southwesterly following the centerline of said spur line to the centerline of Utica Street, thence Southwesterly along the centerline of Utica Street and its extension to the centerline of Lafayette Street, thence Northwesterly along the centerline of Lafayette Street to the point where the most Westerly spur line of said Railroad intersects, thence Southeasterly along said spur line to the point where the centerline of Sycamore Street extended Westerly would intersect the centerline of the Chicago Central & Pacific Railroad right-of-way, thence Southeasterly along the centerline of said Railroad to the centerline of East Mullan Avenue, thence Southwesterly along the centerline of East Mullan Avenue to the Cedar River, thence Northwesterly along the Cedar River to a point at which the centerline of Burton Avenue extended Southerly would intersect the Cedar River, thence North along said extension of the centerline of Burton, and the centerline of Burton Avenue to the centerline of Conger Street, thence East along the centerline of Conger Street to the centerline of Avon Avenue, thence North along the centerline of Avon Avenue to the centerline of Dawson Street, thence West along the centerline of Dawson Street to the centerline of Burton Avenue, thence North along the centerline of Burton Avenue to the centerline of West Parker Street, thence West along the centerline of West Parker Street to the centerline of Longfellow Avenue, thence North along the centerline of Longfellow Avenue to the point of beginning. 5th Precinct Of of The the Third Ward: The 5th precinct of the third ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Rainbow Drive and the centerline of Hanna Boulevard, thence Southeasterly along the centerline of Rainbow Drive to the centerline of the spur track of the Chicago, Central & Pacific Railroad, thence Southeasterly along said railroad centerline to the centerline of Maynard Avenue, thence East along the centerline of Maynard Avenue to the centerline of Ansborough Avenue, thence Northeasterly and Easterly along the centerline of relocated Ansborough Avenue to the centerline of Westfield Avenue, thence South and Southeasterly along the centerline of Westfield Avenue to the centerline of Black Hawk Creek, thence Southwesterly along the centerline of Black Hawk Creek to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to the centerline of University Avenue, thence Northwesterly along the centerline of University Avenue to the centerline of Falls Avenue, thence East along the centerline of Falls Avenue to the centerline of Stephan Avenue, thence Northerly along the centerline of Stephan Avenue to the centerline of Carriage Hill Drive, thence Northwesterly along the centerline of Carriage Hill Updated Draft 12/16/2019 73 Drive to the centerline of Beverly Hills Street, thence Northerly along the centerline of Beverly Hills Street to the centerline of Maynard Avenue, thence East along the centerline of Maynard Avenue to the centerline of Auburn Street, thence North along the centerline of Auburn Street to the centerline of Maxine Avenue, thence East along the centerline of Maxine Avenue to the centerline of Hanna Boulevard, thence North along the centerline of Hanna Boulevard to the centerline of Joy Drive, thence East along the centerline of Joy Drive to the centerline of Hanna Boulevard, thence North along the centerline of Hanna Boulevard to the point of beginning 6th Precinct Of of The the Third Ward: The 6th precinct of the third ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of West Conger Street and the main channel of the Cedar River, thence Southeasterly along the Cedar River to the intersection with the centerline of the Iowa Northern Railway Company right-of-way, (formerly known as the Chicago Northwestern Transportation Company), thence Southwesterly along the centerline of the Iowa Northern Railway Company right-of-way to the intersection with the centerline of Jefferson Street, thence Northwesterly along the centerline of Jefferson Street to the intersection with the centerline of West Sixth Street, thence Southwesterly along the centerline of West Sixth Street to the centerline of Washington Street as originally platted, thence Northwesterly along the centerline of Washington Street as originally platted to the centerline of West Fourth Street, thence Southwesterly along the centerline of West Fourth Street to the centerline of Locust Street, thence Northerly along the centerline of Locust Street to the centerline of West Mullan Avenue, thence Westerly along the centerline of West Mullan Avenue to the centerline of Western Avenue, thence Southeasterly along the centerline of Western Avenue to the centerline of Elmwood Street, thence Westerly along the centerline of Elmwood Street to the centerline of Sullivan Avenue, thence Southerly along the centerline of Sullivan Avenue to the centerline of Sherwood Court, thence West along the centerline of Sherwood Court and an extension of Sherwood Court to the centerline of Marsh Street, thence North along the centerline of Marsh Street to the North limit of Marsh Street, thence Northwesterly in a straight line to the North limit of the centerline of Moir Street, thence Northwesterly in a straight line to the Northerly limit of the centerline of Chicago Street, thence South along the centerline of Chicago Street to the centerline of Summit Avenue, thence West along the centerline of Summit Avenue and along the centerline of Summit Avenue extended West to the centerline of Fletcher Avenue, thence North along the centerline of Fletcher Avenue to the centerline of Black Hawk Creek, thence Northeasterly along the centerline of Black Hawk Creek to the centerline of Westfield Avenue, thence Northwesterly along the centerline of Westfield Avenue to the centerline of West Conger Street, thence Northeasterly along the centerline of West Conger Street to the point of beginning 1st Precinct O of The -the Fourth Ward: The 1st precinct of the fourth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of East Donald Street and the centerline of Logan Avenue, thence East along the centerline of East Donald Street to the centerline of Idaho Street, thence South along the centerline of Idaho Street to the centerline of Newell Street, thence West along the centerline of Newell Street to the centerline of Mobile Street, thence South along the centerline of Mobile Street to the centerline of Quincy Street, thence West along the Updated Draft 12/16/2019 74 centerline of Quincy Street to the centerline of Ankeny Street, thence North along the centerline of Ankeny Street to the centerline of Newell Street, thence Westerly along the centerline of Newell Street to the centerline of East Mullan Avenue, thence continuing Westerly along the centerline of Conger Street to the centerline of Logan Avenue, thence North along the centerline of Logan Avenue to the centerline of Kern Street, thence Northeasterly along the centerline of Kern Street to the centerline of East Mullan Avenue, thence Northwesterly along the centerline of East Mullan Avenue to the centerline of Logan Avenue, thence North along the centerline of Logan Avenue to the point of beginning. 2nd Precinct Oof The the Fourth Ward: The 2nd precinct of the fourth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Newell Street and the centerline of Ankeny Street, thence South along the centerline of Ankeny Street to the centerline of Quincy Street, thence East along the centerline of Quincy Street to the centerline of North Barclay Street, thence South along the centerline of North Barclay Street to the centerline of Shilliam Avenue, thence East along the centerline of Shilliam Avenue to the centerline of Jackson Street, thence South along the centerline of Jackson Street to the centerline of Merriman Street, thence East along the centerline of Merriman Street to the centerline of Bates Street, thence South on the centerline of Bates Street to the centerline of Douglas Street, thence East on the centerline of Douglas Street to the centerline of Mobile Street, thence Southerly along the centerline of Mobile Street and the centerline of relocated Mobile Street to the centerline of Martin Luther King Jr. Drive, thence Westerly along the centerline of Martin Luther King Jr. Drive to the centerline of the Chicago Central and Pacific Railroad right-of-way, thence Southeasterly along said railroad centerline to the centerline of the Union Pacific Railroad right-of-way, thence Southwesterly along centerline of said right-of-way to the centerline of Walnut Street, thence Northwesterly along the centerline of Walnut Street to the centerline of E. Fourth Street, thence Southwesterly along the centerline of E. Fourth Street to the Cedar River, thence Northwesterly along the Cedar River to the centerline of East Mullan Avenue, thence Northeasterly along the centerline of East Mullan Avenue to the point of intersection of the first spur line of the Chicago Central and Pacific Railroad, thence Northwesterly following said spur line to the point at which the centerline of Sycamore Street extended Northwesterly would intersect said spur line, thence Northwesterly along said spur line to a point where the most Westerly spur line of said tracks intersects the centerline of Lafayette Street, thence Southeasterly along the centerline of Lafayette Street to the centerline of Utica. Street, thence Northeasterly along Utica Street and its extension to the centerline of the spur line of the Chicago Central and Pacific Railroad, thence in a Northerly direction following the centerline of said spur line to the centerline of Conger Street, thence Easterly along the centerline of Conger Street to the centerline of East Mullan Avenue, thence continuing Easterly along the centerline of Newell Street to the point of beginning. 3rd Precinct Hof The the Fourth Ward: The 3rd precinct of the fourth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the Cedar River and the centerline of East Fourth Street, thence Northeasterly along the centerline of East Fourth Street to the centerline of Walnut Street, thence Southeasterly along the centerline of Walnut Street to the centerline of the right-of-way of Updated Draft 12/16/2019 75 the spur line of the Union Pacific Railroad, thence Northeasterly along said railroad right-of-way centerline to the centerline of the right-of-way of the Chicago Central & Pacific Railroad, thence Southeasterly along said railroad right-of-way centerline to the centerline of Glenwood Street, thence East along the centerline of Glenwood Street to the centerline of Steely Street, thence South along the centerline of Steely Street to the centerline of Independence Avenue, thence East along the centerline of Independence Avenue to the centerline of Nevada Street, thence South along the centerline of Nevada Street to the centerline of Franklin Street, thence West along the centerline of Franklin Street to the centerline of Vinton Street, thence Southerly along the centerline of Vinton Street to the Cedar River, thence Northwesterly along the Cedar River to the point of beginning. 4th Precinct Of -of "' the Fourth Ward: The 4th precinct of the fourth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the Cedar River and the centerline of Vinton Street, thence Northerly along the centerline of Vinton Street to the centerline of Franklin Street, thence East along the centerline of Franklin Street to the centerline of Nevada Street, thence North along the centerline of Nevada Street to the centerline of Independence Avenue, thence West along the centerline of Independence Avenue to the centerline of Steely Street, thence North along the centerline of Steely Street to the centerline of Alta Vista Avenue, thence East along the centerline of Alta Vista Avenue to the centerline of Idaho Street, thence South along the centerline of Idaho Street to the centerline of Butler Avenue, thence Southwesterly along the centerline of relocated Idaho Street to the point of intersection of the centerline of Dubuque Road and the centerline of Adrian Street, thence South along the centerline of Adrian Street to the centerline of Lafayette Street, thence Southeasterly along the centerline of Lafayette Street to the centerline of Osage Avenue, thence Easterly along the centerline of Osage Avenue to the centerline of Dubuque Road, thence Southeasterly along the centerline of Dubuque Road to the city limit line, thence South along the city limit line to the point where the city limit line intersects the North line of the Cedar River, thence Southeasterly along the North line of the Cedar River to a point on said North line that would intersect a Southerly extension of the centerline of Randall Avenue, thence Northwesterly along the Cedar River to the point of beginning. 5th Precinct O-fof the Fourth Ward: The 5th precinct of the fourth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of North Barclay Street and the centerline of Quincy Street, thence East along the centerline of Quincy Street to the centerline of Mobile Street, thence North along the centerline of Mobile Street to the centerline of Newell Street, thence East along the centerline of Newell Street to the centerline of Idaho Street, thence North along the centerline of Idaho Street to the centerline of East Donald Street, thence West along the centerline of East Donald Street to the centerline of Moline Road, thence North along the centerline of Moline Road to the North city limit line, thence following the North and East city limit line in a clockwise direction to its intersection with the centerline of Independence Avenue, thence West along the centerline of Independence Avenue to the centerline of Idaho Street, thence North along the centerline of Idaho Street to the centerline of Alta Vista Avenue, thence Updated Draft 12/16/2019 76 West along the centerline of Alta Vista Avenue to the centerline of Steely Street, thence North along the centerline of Steely Street to the centerline of Glenwood Street, thence West along the centerline of Glenwood Street to the centerline of the right-of-way of the Chicago Central and Pacific Railroad, thence Northwesterly along said railroad centerline to the centerline of Martin Luther King Jr. Drive, thence Northeasterly along the centerline of Martin Luther King Jr. Drive to the centerline of relocated Mobile Street, thence Northerly along the centerline of relocated Mobile Street and the centerline of Mobile Street to the centerline of Douglas Street, thence West along the centerline of Douglas Street to the centerline of Bates Street, thence North along the centerline of Bates Street to the centerline of Merriman Street, thence West along the centerline of Merriman Street to the centerline of Jackson Street, thence North along the centerline of Jackson Street to the centerline of Shilliam Avenue, thence West along the centerline of Shilliam Avenue to the centerline of North Barclay Street, thence North along the centerline of North Barclay Street to the point of beginning. 6th Precinct Of of The the Fourth Ward: The 6th precinct of the fourth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Lafayette Street and the centerline of Adrian Street, thence North along the centerline of Adrian Street to the centerline of Dubuque Road, thence Northeasterly along the centerline of relocated Idaho Street to the centerline of Butler Avenue, thence North along the centerline of Idaho Street to the centerline of Independence Avenue, thence East along the centerline of Independence Avenue to the East city limit line, thence South and Northwesterly following the city limit line to its intersection with the centerline of Dubuque Road, thence Northwesterly along the centerline of Dubuque Road to the centerline of Osage Avenue, thence West along the centerline of Osage Avenue to the centerline of Lafayette Street, thence Northwesterly along the centerline of Lafayette Street to the point of beginning. 1st Precinct Hof Tithe Fifth Ward: The 1st precinct of the fifth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of West Eighteenth Street and the Cedar River, thence Southwesterly along the centerline of West Eighteenth Street to centerline of Williston Avenue, thence Westerly along the centerline of Williston Avenue to the centerline of Hammond Avenue, thence North along the centerline of Hammond Avenue to the centerline of Leavitt Street, thence West and Northwesterly along the centerline of Leavitt Street to the centerline of West Seventh Street, thence Southwesterly along the centerline of West Seventh Street to the centerline of Allen Street, thence Northwesterly along the centerline of Allen Street to the centerline of West Fourth Street, thence Northeasterly along the centerline of West Fourth Street to the centerline of Washington Street as originally platted, thence Southeasterly along the centerline of Washington Street as originally platted to the centerline of West Sixth Street, thence Northeasterly along centerline of West Sixth Street to the centerline of Jefferson Street, thence Southeasterly along the centerline of Jefferson Street to the centerline of the right-of-way of the Union Pacific Railroad, thence Northeasterly along the centerline of the Union Pacific Railroad to the Cedar River, thence Southeasterly along the Cedar River to the point of beginning. Updated Draft 12/16/2019 77 2nd Precinct Of of the Fifth Ward: The 2nd precinct of the fifth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Williston Avenue and the centerline of Southbound Washington Street, thence Southeasterly along the centerline of Southbound Washington Street to the centerline of Ohio Street, thence South along the centerline of Ohio Street to the centerline of Byron Avenue, thence East along the centerline of Byron Avenue to the centerline of Ohio Street, thence South along the centerline of Ohio Street to the centerline of Mitchell Avenue, thence West along the centerline of Mitchell Avenue to the centerline of West Ninth Street, thence Northerly along the centerline of West Ninth Street to the centerline of Leavitt Street, thence Southeasterly and Easterly along the centerline of Leavitt Street to the centerline of Hammond Avenue, thence South along the centerline of Hammond Avenue to the centerline of Williston Avenue, thence East along the centerline of Williston Avenue to the point of beginning. 3rd Precinct of 1 the Fifth Ward: The 3rd precinct of the fifth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline West Fourth Street and the centerline of Allen Street, thence Southeasterly along the centerline of Allen Street to the centerline of West Seventh Street, thence Northeasterly along the centerline of West Seventh Street to the centerline of Leavitt Street, thence Southeasterly along the centerline of Leavitt Street to the centerline of West Ninth Street, thence Southwesterly and Southerly along the centerline of West Ninth Street to the centerline of Mitchell Avenue, thence West along the centerline of Mitchell Avenue to the centerline of Vermont Street, thence North along the centerline of Vermont Street to the centerline of Byron Avenue, thence West along the centerline of Byron Avenue to the centerline of Bayard Street, thence North and Northwesterly along the centerline of Bayard Street to the centerline of West Fourth Street, thence Northeasterly along the centerline of West Fourth Street to the point of beginning. 4th Precinct Of of The the Fifth Ward: The 4th precinct of the fifth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline Mitchell Avenue and the centerline of West Ninth Street, thence Southerly along the centerline of West Ninth Street to the centerline of Rudi Place, thence Northwesterly along the centerline of Rudi Place to the centerline of Saratoga Drive, thence Southwesterly along the centerline of Saratoga Drive to the centerline of Alpine Drive, thence Northwesterly along the centerline of Alpine Drive to the centerline of Barton Avenue, thence Northerly along the centerline of Barton Avenue to the centerline of Cataract Avenue, thence Westerly along the centerline of Cataract Avenue to the centerline of Edgemont Avenue, thence North along the centerline of Edgemont Avenue to the centerline of East Ridgeway Avenue, thence West along the centerline of East Ridgeway Avenue to the centerline of Kimball Avenue, thence North along the centerline of Kimball Avenue to the centerline of Carolina Avenue, thence East along the centerline of Carolina Avenue to the centerline of Hale Street, thence North along the centerline of Hale Street to the centerline of Byron Avenue, thence Updated Draft 12/16/2019 78 East along the centerline of Byron Avenue to the centerline of Vermont Street, thence South along the centerline of Vermont Street to the centerline of Mitchell Avenue, thence East along the centerline of Mitchell Avenue to the point of beginning. 5th Precinct Of of the Fifth Ward: The 5th precinct of the fifth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline West Fourth Street and the centerline of Bayard Street, thence Southeasterly and South along the centerline of Bayard Street to the centerline of Byron Avenue, thence West along the centerline of Byron Avenue to the centerline of Hale Street, thence South along the centerline of Hale Street to the centerline of Carolina Avenue, thence West along the centerline of Carolina Avenue to the centerline of Kimball Avenue, thence South along the centerline of Kimball Avenue to the centerline of West Ridgeway Avenue, thence West along the centerline of West Ridgeway Avenue to the centerline of Sheridan Road, thence Northerly along the centerline of Sheridan Road to the centerline of Berkshire Road, thence Westerly and Northerly along the centerline of Berkshire Road to the centerline of Hampshire Road, thence Northerly along the centerline of Hampshire Road to the centerline of West Fourth Street, thence Northeasterly along the centerline of West Fourth Street to the point of beginning 6th Precinct Of of The Fifth Ward: The 6th precinct of the fifth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of West Fourth Street and the centerline of Hampshire Road, thence Southerly along the centerline of Hampshire Road to the centerline of Berkshire Road, thence Southerly and Easterly along the centerline of Berkshire Road to the centerline of Sheridan Road, thence Southerly along the centerline of Sheridan Road to the centerline of West Ridgeway Avenue, thence East along the centerline of West Ridgeway Avenue to the centerline of Kimball Avenue, thence South along the centerline of Kimball Avenue to the centerline of West Park Lane, thence Westerly and Southerly along the centerline of West Park Lane to the centerline of Colby Road, thence South along the centerline of Colby Road to the centerline of Rachael Street, thence West along the centerline of Rachael Street to the centerline of South Hill Drive, thence North along the centerline of South Hill Drive to the centerline of Rachael Street, thence West along the centerline of Rachael Street to the centerline of Loralin Drive, thence South along the centerline of Loralin Drive to the centerline of Ridgemont Road, thence West along the centerline of Ridgemont Road to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to the centerline of West Fourth Street, thence Northeasterly along the centerline of West Fourth Street to the point of beginning. (Ord. 5066, 8-8-2011, eff. 1-15-2012) CHAPTER 810 MUNICIPAL FINANCES Updated Draft 12/16/2019 79 1-810-1: DEEDS AND CONTRACTS: 1-810-32: CLAIMS: 1-810-43: GENERAL FUND: 1 8 ���RI4 ER X EXEMPTIONS: 1-810-1: DEEDS AND CONTRACTS: A. Execution Oflof Deeds Conveying City Property: All deeds and releases for the conveyance of any real estate belonging to the city shall be made in the name of the city, as party of the first part, and shall be executed by the mayor and the city clerk in their official capacity, and they shall affix the corporate seal of the city thereto; such deed or release shall thereupon be acknowledged by the mayor and city clerk for and on behalf of the city, which deed so executed and acknowledged shall be valid and effectual to convey all rights and release all claims thereby purporting to be conveyed or released. B. Execution of Deeds Acquiring New City Property: All deeds and releases for the conveyance of any real estate acquired by the city not through annexation shall be made in the name of the city, as party of the second part, and shall be executed by the mayor and the city clerk in their official capacity, and they shall affix the corporate seal of the city thereto; such deed or release shall thereupon be acknowledged by the mayor and city clerk for and on behalf of the city, which deed so executed and acknowledged shall be valid and effectual to convey all rights and release all claims thereby purporting to be conveyed or released. Property acquisitions shall be approved by resolution except any property acquired by the city through court order shall be received and filed with the official records of the city council. BC. Execution Of of Contracts: 1. All contracts entered into by the city, except such as may be entered into by ordinance, shall be in writing, executed by the mayor, in his official capacity and under the direction of council, with the corporate seal of the city affixed thereto, and approved by the city council, which approval shall be endorsed on the contract by the city clerk, and attested by the city clerk's seal and signature. 2. The city shall not be bound by, or be liable upon, any contract except such as shall be entered into and executed in accordance with the provisions of subsection B 1 of this section. (Rev. Ord. 1127, Comp. 1941, p. D-3) A. All sup p ° isc used by the city shall be purchased as provided i any of the departments of the lie-pity-eeun-eil at a regu-lar or spccaza 5� io �r,} � r >btieined fret eft purchased. Updated Draft 12/16/2019 80 C. Any officer or employees o!-fh ther person who shall violutc the pro'isions of this se ze n : all be guilty of an offense, and the ci slhrll not be Bal e for=an goods t hire other t �" ri¢ n ao,- rrs 1 171, Comp. 1941, p. P 7) 1-81042: CLAIMS: All bills and claims against the city shall be itemized, and shall not be allowed until pa ,e4-tpi approved by the proper committee_, and as by ordinance provided, except the bills of city officer, afiel-others employed by the city and receiving a eernrpensat 1 contract. (Rev. Ord. 1117, Comp. 1941, p. C 6) 1-810-43: GENERAL FUND: A. The city shall establish and maintain a minimum level of year-end general fund cash balance of no less than five percent (5%) of the total general fund revenue budgeted or amended each fiscal year. The city council shall adopt the annual operating budget each fiscal year in a manner consistent with the required minimum level of year-end cash balance. Budget deficit reduction measures shall be taken in the course of each fiscal year should it be determined that without such measures the general fund cash balance would fall below the required minimum level of year-end general fund cash balance at the close of that fiscal year. B. Upon adoption of this section, the mayor and city council shall implement and exercise the necessary budget controls to enable the city to comply with this section within the prescribed time allowable stated herein. The general fund cash balance shall be at the minimum required level of five percent (5%) of annual general fund revenue no later than June 30, 1996. (Ord. 4012, 4-25-1994) ER 7 X—EXEMPTIONS: A. Definitions: ����{{.�.�� NEW CONSTRUCTION: New�-bud-r: s4r-net-uf +�T4L{Z�LL4 1Z6d"G-G�i".�➢1 Y:StE"id 4 d—a1i3 >ludes rildings and T-bi ld ngs and struettwe New structure or refitting of an existing te-eeonomic e,z,ence grid the reconstruction is nceessaryto implement recognized industry g-of speei€te-pre trcts and the reconstructivr}-i-;: r structure -to continue to competiti l e+ufe-ef -oval from the city council upon the exemption shall also apply machinery and equipment assessed to real estate pursuant tolowa Code section'127A.1(1), orecluipmen pfeeess-to maintai Updated Draft 12/16/2019 ral status. 81 Imps ial-Real- council, by this section, provides ' exemptio ettral ¥clue added -to industrial real estate by theeen ti re-€ %ate -and -the aec-ition of or improvement to machinery and equipment assessed as real estate pursuant to on427.yavailable until such time as this se1d«repealed by the-eit�eouncih €-Peiiod Of ligibilit. e D`, io industrial taxation for a period of five (5) years. "Actual value de amount 0 ion means the the exemption is received, except that ue a4 the-e*er-npti-en is eis ed-The -1-7-F-orthe first year, sevcnty live percent (75`)/o). 2-Fer-the-seec yearly- 640,40, 3. For the third year, forty five percent (15%). ar, thirty } - %/ 5. For the fifth year, fifteen percent (1.5%). However, the granting of the exemption under this section for new construction constituting cor Meal D. A:pplicatiorr 1. Application For Prof duced belo,v the assessed value of iewrsrction added :hall be tiled fc ..l-alue added for which an exemption ;t resulting -in e*emptien exemption shall be made on forms prc9cribed by the director of rcvcnuc and finance and -,hall contain intbrrnation pertaining to the nature of the improvement, its cost and other information de ed neeesaa by-tfre-director of revenue and finance, `i-tycouncil to receive prior approval for eligibility for a tax exemption on new constructiin. 'I'hc cif i the-new=ts-t Eti v� s z^ c n n,. aa� Fritz the . ,ni l Per tl e+t 4 , 4 a,a r, -,,, ° is ^f ihis nl shall also be subje�-�€� � ��rrn�-ea�re�� . �� .;eciion. Such ntitle the ov; Updated Draft 12/16/2019 82 completed and found to be qualified--real-es-tote. However, if the to excfflptien-for-new cc» tr affiertded peal to the ci E. Repeal Exemption Provisions: When, in- e-c in-to+i— th y-- runcil, eonti��uatien e-f-the-exemption g s to be of beriel+t o-tlcif ptions shall-• ntil their expiration: but all F. Limitation On Tax Exemptions: property tax exe ion under this sectiori shall not be granted if the property for which the exemption i,; claimed has received any other p-roperty tax ex akv (Ord. 3136, 4 1349-81) ARTICLE A. HOTEL AND MOTEL TAX 1-A10A-1: TAX IMPOSED: 1-8A10A-2: DEFINITIONS: 1-A10A-3: ADMINISTRATION: 1- 10A-4: FUND CREDITED: 1- 10A-5: TAX PERMIT: 1-11A10A-6: PROVISIONS OF RETAIL SALES TAX APPLICABLE: 1- 10A-7: LOCAL TRANSIENT GUEST TAX FUND: 1- 10A-1: TAX IMPOSED: There is hereby imposed by ordinance of the city council a hotel and motel tax at a rate of seven percent (7%) upon the gross receipts from the renting of any and all rooms, apartments or sleeping quarters in any hotel, motel, inn, public lodging house, rooming house or tourist court, or in any place where sleeping accommodations are furnished to transient guests for rent, whether with or without meals. The tax shall apply only within the corporate boundaries of the city. The hotel and motel tax shall be imposed on April 1, 1981, following the notification of the state director of revenue and finance. Once imposed, the tax shall remain in effect at the rate imposed continually and perpetually thereafter until terminated by ordinance of the city council. (Ord. 4052, 11-14-1994) 1-10A-2: DEFINITIONS: RENTING AND RENT: Includes any kind of direct or indirect charge for such rooms, apartments, sleeping quarters or the use thereof. However, such tax shall not apply to the gross receipts from the renting of a room, apartment or sleeping quarters while rented by the same person for a period of more than thirty one (31) consecutive days. (Ord. 4052, 11-14-1994) 1-10A-3: ADMINISTRATION: Updated Draft 12/16/2019 83 The state director of revenue and finance shall administer the provisions of the hotel and motel tax as nearly as possible in conjunction with the administration of the state tax law. Said director shall provide appropriate forms, or provide on the regular state tax forms, for reporting the hotel and motel tax liability. All monies received or refunded one hundred eighty (180) days after the date on which the city terminates the hotel and motel tax shall be deposited in or withdrawn from the state general fund. (Ord. 4052, 11-14-1994) 1-10A-4: FUND CREDITED: The director of revenue and finance of the state, in consultation with local officials, shall collect and account for the hotel and motel tax and shall credit all revenues to a "local transient guest tax fund" as set forth in Iowa Code chapter 422A. (Ord. 4052, 11-14-1994) 1-8A10A-5: TAX PERMIT: No tax permit other than state tax permit required under Iowa Code section 422.53 may be required by local authorities. (Ord. 4052, 11-14-1994) 1-A10A-6: PROVISIONS OF RETAIL SALES TAX APPLICABLE: The tax herein imposed and levied shall be in addition to any state sales tax imposed under Iowa Code section 422.43. The provisions of Iowa Code sections 422.25(4), 422.30, 422.48 to 422.52, 422.54 to 422.58, 422.67, 422.68, 422.69(1), and 422.70 to 422.75, consistent with chapter 422A, shall apply with respect to the taxes authorized under said chapter 422A, in the same manner and with the same effect as if the hotel and motel taxes were retail sales taxes within the meaning of those statutes. Notwithstanding the provisions of this section, the director of revenue and finance of the state shall provide for only quarterly filing of returns as prescribed in Iowa Code section 422.51. Further, said director may require all persons as defined in Iowa Code section 422.42, who are engaged in the business of deriving gross receipts subject to tax under Iowa Code chapter 422A, to register with the department of revenue and finance of the state. (Ord. 4052, 11-14-1994) 1-A10A-7: LOCAL TRANSIENT GUEST TAX FUND: A. There is created in the office of the state treasurer a local transient guest tax fund which shall consist of all monies credited to such fund under this article. B. All monies in the local transient guest tax fund shall be remitted at least quarterly by the state treasurer, pursuant to rules of the director of revenue and finance of the state, to the city in the amount collected from business in said city. C. Monies received by the city from this fund shall be credited to the general fund of such city, subject to the provisions of subsection D of this section. (Ord. 4052, 11-14-1994) Updated Draft 12/16/2019 84 D. The revenue derived from any hotel and motel tax authorized by this article shall be used as follows: 1. Fifty percent (50%) to the Waterloo convention and visitors bureau for the promotion of tourism. 2. Twenty percent (20%), or a minimum of one hundred fifty thousand dollars ($150,000.00), to the Five Sullivan Brothers Convention Center. 3. Ten percent (10%) to the Waterloo city council for discretionary purposes. 4. Twenty percent (20%) to recreation, culture, conventions, entertainment. The board of directors of the Waterloo convention and visitors bureau shall make recommendations every January to the city council concerning the allocation of these funds. (Ord. 4584, 10- 28-2002) Updated Draft 12/16/2019 85