PRIMGHAR, IOWA, CODE

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CHAPTER 1: GENERAL ORGANIZATION

ARTICLE 1 - MUNICIPAL CODE

1.01 TITLE. These ordinances will be known and cited as the Municipal Code of Primghar, Iowa.

1.02 DEFINITIONS. Terms used within this Municipal Code shall have the meanings defined below, unless specifically defined otherwise.

1. "City Code" or "Municipal Code" means the current Municipal Code of the City of Primghar, Iowa.

2. "Code" means the specific chapter in which a specific subject is covered and bears a descriptive title word.

3. "Ordinances" means the ordinances of the City of Primghar, as incorporated by the Municipal Code, ordinances not repealed by the ordinance adopting the Municipal Code and those passed hereafter.

4. "City" means the City of Primghar, Iowa.

5. "County" means O'Brien, Iowa.

6. "State" means the State of Iowa.

7. "Person" means an individual, firm, partnership, domestic or foreign corporation, company, association or joint stock association, trust, or other legal entity and includes a trustee, receiver, assignee, or similar representative but does not include a governmental body.

8. "Clerk" means the City Clerk of Primghar, Iowa.

9. "Council" means the City Council of Primghar, Iowa.

10. "Measure" means an ordinance, resolution, amendment or motion.

11. "Statutes, Laws" means the latest edition of the Code of Iowa as amended.

12. "Property" shall include real property, and tangible and intangible personal property unless clearly indicated otherwise.

13. "Property Owner" means a person owning private property in the city as shown by the county auditor's plats of the city.

14. "Occupant, Tenant" applied to a building or land, shall include any person who inhabits the whole or part of such building or land, whether alone or with others.

15. "Public Property" means any and all property owned by the city or held in the name of the city by any of the departments, commissions or agencies within the city government.

16. "Public Place" includes but is not restricted to any city-owned space or property, either open or enclosed.

17. "Street" means and includes any public way, highway, street, avenue, boulevard or other public thoroughfare, and includes the entire width between property lines.

18. "Alley" means a public right-of-way, other than a street, affording secondary means of access to abutting property.

19. "Sidewalk" means that portion of the street between the edge of the surfacing or curb line and the adjacent property line.

1.03 RULES OF CONSTRUCTION. In the construction of the Municipal Code, the following rules shall be observed:

1. Tense: words used in the present tense include the future.

2. May: grants a power.

3. Must: states a requirement.

4. Shall or Will: imposes a duty.

5. Gender: masculine gender shall include the feminine and neuter genders.

6. Interpretation: all general provisions.

7. The singular includes the plural, and the plural includes the singular.

1.04 AMENDMENTS. All ordinances which amend, repeal or affect the Municipal Code will include proper reference to title, division, chapter, ARTICLE, section, and subsection to maintain an orderly classification of ordinances of the city. Any amendment of an ordinance shall include in full the language of the section, subsection, or paragraph as amended.

(Code of Iowa, Sec. 380.2)

1.05 ALTERING CODE. It is unlawful for any person to change or amend by additions or deletions any part or portion of the Municipal Code, or to insert or delete pages, or portions thereof, or to alter or tamper with the Municipal Code in any manner which will cause the law of the City to be misrepresented.

1.06 STANDARD PENALTY. Unless provided for elsewhere in the Municipal Code, any person failing to perform a duty, obtain a required license, or violating any provision of the Municipal Code, or rule or regulation adopted by reference shall be guilty of a simple misdemeanor and, upon conviction, be subject to a fine of not more than five-hundred dollars ($500) or imprisonment not to exceed thirty (30) days.

(Code of Iowa, Sec. 364.3(2))

1.07 SEVERABILITY. If any section, provision, or part of the Municipal Code is judged invalid or unconstitutional, such judgment will not affect the validity of the Municipal Code as a whole or any section, provision, or part not judged invalid or unconstitutional.

CHAPTER 1: GENERAL ORGANIZATION

ARTICLE 2 - BOUNDARIES

2.01 CORPORATE LIMITS. The corporate limits of the City of Primghar are described as follows:

The Corporate limits of the City are hereby declared to be such as have been heretofore or hereafter legally established by law or the acts of the City.

Said territory is and the same is hereby declared to be "The City of Primghar." The inhabitants of said territory and do hereby constitute a body politic and corporate, possessed of all the powers, immunities, and rights of a City existing under and by virtue of the laws of Iowa. The force and authority of all ordinances, and the jurisdiction of the officers of said City shall be co-extensive therewith in all cases, and in special cases to such extent as may be provided by the general laws of the State.

(The following map illustrates the Corporate Limits of the City at said time of adopting this Code Book)

MAP OF PRIMGHAR, IOWA

CHAPTER 1: GENERAL ORGANIZATION

ARTICLE 3 - CHARTER

3.01 PURPOSE. The purpose of this ARTICLE is to provide for a Charter incorporating the form of government existing in the City of Primghar, Iowa.

3.02 CHARTER. This ARTICLE may be referred to as the Charter of the City of Primghar, Iowa.

3.03 FORM OF GOVERNMENT. The City of Primghar, Iowa, shall have the mayor-council form of government.

(Code of Iowa, Sec. 372.4)

3.04 POWERS AND DUTIES. The council, the mayor, and other city officers have such powers and perform such duties as authorized or required by State law and by the ordinances, resolutions, rules, and regulations of the City of Primghar, Iowa.

3.05 NUMBER AND TERM OF COUNCIL. The council consists of five (5) council members elected at large for terms of four (4) years.

(Code of Iowa, Sec. 376.2)

3.06 TERM OF MAYOR. The mayor is elected for a term of four (4) years.

(Code of Iowa, 376.2)

3.07 COPIES ON FILE. The clerk shall keep an official copy of this Charter on file with the official records of the city clerk, and make available copies at the clerk's office for public inspection.

(Code of Iowa, Sec. 372.1)

CHAPTER 1: GENERAL ORGANIZATION

ARTICLE 4 - CORPORATE SEAL

4.01 SEAL AND CUSTODY. The council shall provide a seal, in the center of which shall be the words "SEAL" and around the margin the words "Incorporated Town of Primghar, Iowa", and the same is hereby declared to be the corporate seal. The clerk shall keep the corporate seal in his charge.

4.02 USE. The corporate seal shall be attached to all transcripts, orders, and certificates which it may be necessary or proper to authenticate.

CHAPTER 1: GENERAL ORGANIZATION

ARTICLE 5 - ELECTIONS

5.01 MUNICIPAL ELECTION. The regular municipal election shall be held on the first Tuesday following the first Monday of November of each odd-numbered year.

(Code of Iowa, Sec. 376.1)

5.02 TERMS. Terms of elected officers begin at noon on the first day in January which is not a Sunday or a legal holiday following their election.

(Code of Iowa, Sec. 376.2)

5.03 NOMINATIONS. Candidates for elective city offices shall be nominated as provided in Sections 376.4 to 376.9 and Chapter 45 of the Code of Iowa.

(Code of Iowa, Sec. 376.3)

5.04 PERSONS ELECTED IN CITY ELECTIONS.

(Code of Iowa, Sec. 376.8)

1. In a regular city election, the candidates receiving the greatest number of votes cast for each office on the ballot are elected, to the extent necessary to fill the positions open.

5.05 TIE VOTE. In case of a tie vote resulting in failure of one candidate to receive a majority vote, the tie shall be determined by lot by the Board of Canvassers.

(Code of Iowa, Sec. 43.75)

5.06 CONTEST. A nomination or election to an office may be contested as provided in the Code of Iowa, except the Statement of Intent to Contest must be filed with the city clerk within ten (10) days after the nomination or election. At the trial of a nomination or election, the mayor is presiding officer except when the mayor's nomination or election is contested, in which case the council shall elect one of its members to serve as presiding officer.

(Code of Iowa, Sec. 376.10)

5.07 OATHS. Each officer, elective, or appointive, before entering upon his duties, shall qualify by taking the prescribed oath and giving a bond when required before noon of the second secular day in January of the first year of the term of which such officers was elected or as provided in Sections 63.3 and 63.4, Code of Iowa.

(Code of Iowa, Sec. 63.1)

1. PRESCRIBED OATH: I, (name), do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Iowa, and that I will faithfully and impartially, to the best of my ability, discharge all duties of the office of (name of office) in Primghar, Iowa, as now or hereinafter required by law.

(Code of Iowa, Sec. 63.10)

2. OFFICERS EMPOWERED TO ADMINISTER OATHS: The following are empowered to administer oaths and to take affirmations in any matter pertaining to the business of their respective office:

x A. Mayor,

x B. Clerk,

x C. Members of all boards, commissions, or bodies created by law.

(Code of Iowa, Sec. 78.2(2,4))

5.08 SURETY BONDS. The following shall apply to surety bonds of municipal officers:

1. CONDITIONS. The city clerk and treasurer shall be bonded under a blanket bond in accordance with the conditions stated in the Code of Iowa.

(Code of Iowa, Sec. 64.2)

2. BOND NOT REQUIRED. Bonds shall not be required of other city officials.

(Code of Iowa, Sec. 64.1A)

CHAPTER 1: GENERAL ORGANIZATION

ARTICLE 6 - OFFICERS AND EMPLOYEES

6.01 GENERAL DUTIES. Each municipal officer shall exercise the powers and perform the duties prescribed by law and ordinance, or as otherwise directed by the council, unless contrary to State law or City charter.

6.02 OFFICERS TO BE APPOINTED. The following appointments shall be made:

1. CLERK. The council shall appoint a city clerk to perform duties prescribed by State or City law.

(Code of Iowa, Sec. 372.13(3))

2. TREASURER. The council shall appoint a treasurer to perform duties prescribed by State or City law.

3. MAYOR PRO TEM. The mayor shall appoint a council member as mayor pro tem.

(Code of Iowa, Sec. 372.4)

4. OTHER OFFICERS AND EMPLOYEES. The council may appoint other city officers and employees and prescribe their powers, duties, compensation, and terms unless provided otherwise by law.

(Code of Iowa, Sec. 372.13(4) & 372.4)

6.03 BOOKS AND RECORDS. The public has the right, upon request, to examine and copy all books and records required to be kept by law or ordinance, unless the records are required to be kept confidential or this right is limited by other provisions in the Code of Iowa.

(Code of Iowa, Sec. 22.7)

6.04 TRANSFER OF RECORDS AND PROPERTY TO SUCCESSOR. Each officer shall transfer to his successor in office all books, papers, records, documents and property in his possession pertaining to his office.

6.05 CONFLICT OF INTEREST. A city officer or employee shall not have an interest, direct or indirect, in any contract or job of work or material or the profits thereof or services to be furnished or performed for his city, unless expressly permitted by law. A contract entered into in violation of this section is void.

(Code of Iowa, Sec. 362.5)

6.06 RESIGNATIONS. Resignations may be made by all council members and officers to the clerk or mayor.

(Code of Iowa, Sec. 69.4(5))

6.07 NON-ELIGIBILITY FOR REAPPOINTMENT. A person who resigns from an elective office is not eligible for appointment to the same office during the time for which he was elected if, during that time, the compensation for the office has been increased.

(Code of Iowa, Sec. 372.13(9))

6.08 VACANCIES. A vacancy in an elective office during a term of office shall be filled by the council within forty (40) days after the vacancy occurs, or as otherwise provided by law.

(Code of Iowa, Sec. 372.13(2))

6.09 REMOVAL OF APPOINTED OFFICERS. Except as otherwise provided by law, all persons appointed to city office may be removed by the officer or body making the appointment, but every such removal shall be by written order. The order shall give the reasons, be filed with the clerk and a copy shall be sent by certified mail to the person removed. Upon request filed with the clerk within thirty (30) days of the date of mailing the copy, the removed person shall be granted a public hearing before the council on all issues connected with the removal. The hearing shall be held within thirty (30) days of the date the request is filed, unless the person removed requests a later date.

(Code of Iowa, Sec. 372.15)

6.10 POSITIONS COMBINED. The powers and duties of an appointed office or employment may be delegated to any other officer or employee or may be combined with each or any other office or position by resolution passed by a majority vote of the entire council.

(Code of Iowa, Sec. 63.3)

CHAPTER 2: ADMINISTRATIVE CODE - EXECUTIVE

ARTICLE 7 - MAYOR

7.01 POWERS AND DUTIES. The powers and duties of the mayor shall be as follows:

(Code of Iowa, Sec. 372.14)

1. SUPERVISE DEPARTMENT HEADS. Supervise and give direction to all city department heads concerning departmental functions. He may examine all department functions and records and call for special reports from department heads at any time.

2. PRESIDING OFFICER. Act as presiding officer at all regular and special council meetings. He may call special meetings of the council when necessary to the interests of the city.

3. ACTION ON ORDINANCE. May sign, veto, or take no action on an ordinance, amendment, or resolution passed by the council. The mayor may veto an ordinance, amendment, or resolution within fourteen (14) days after passage by the council. The mayor shall explain the reasons for the veto in a written message to the council at the time of the veto.

(Code of Iowa, Sec. 380.5)

4. REPORTS. Make oral and written reports to the council at the first meeting of every month which concern municipal affairs, departments, and recommendations suitable for council action.

5. ANNUAL BUDGET. Prepare and submit annually to the council an itemized budget of revenues and expenditures.

6. CONTRACTS. Sign all contracts on behalf of the city when authorized by the council.

7. REPRESENT CITY. Represent the city in all negotiations legally entered, unless this duty is otherwise delegated by law or ordinance.

8. SECURE SERVICES. Secure special or professional services, upon order of the council.

9. AUTHORIZE LICENSES AND PERMITS. Sign all licenses and permits granted by the council, except those legally designated to be issued by another municipal officer.

10. REVOKE LICENSES AND PERMITS. Under council authorization, revoke permits or licenses granted by the council when their terms, the city ordinances, or the State laws are violated by the holders of the permits or licenses.

11. ABSENTEE OFFICER. Provide that the duties of an absentee officer are carried on during the officer's absence.

7.02 VOTING. The mayor is not a member of the council and may not vote as a member of the council.

(Code of Iowa, Sec. 372.4)

7.03 COMPENSATION. The salary of the mayor shall be twelve-hundred dollars $1,200 per year.

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

Editor's Note: Ordinance 205 was approved on June 7, 1993 as Chapter 2.44 Salaries and is now 9.06 in this code.

CHAPTER 2: ADMINISTRATIVE CODE - EXECUTIVE

ARTICLE 8 - MAYOR PRO TEM

8.01 POWERS AND DUTIES. The duties of the mayor pro tem shall be as follows:

(Code of Iowa, Sec. 372.14(3))

1. VICE-PRESIDENT. Serve as vice-president of the council.

2. PERFORM IN MAYOR'S ABSENCE. Perform the duties of the mayor in case of absence or inability of the mayor to perform his duties.

3. LIMITED POWER. Shall not have power to employ or discharge officers or employees that the mayor has the power to appoint, employ, or discharge without approval of the council.

4. VOTING. May vote as a member of the council.

8.02 COMPENSATION. If the mayor pro tem performs the duties of the mayor during his absence or disability for a continuous period of fifteen (15) days or more, the mayor pro tem shall be paid for that period such compensation as determined by the council, based upon his performance of the mayor's duties and upon the compensation of the mayor.

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

CHAPTER 3: ADMINISTRATIVE CODE - LEGISLATIVE

ARTICLE 9 - COUNCIL

9.01 POWERS AND DUTIES. The powers and duties of the council shall be as follows:

1. GENERAL. All powers of the city are vested in the council unless otherwise provided by law or ordinance.

(Code of Iowa, Sec. 364.2(1))

2. FUNDS. Apportion and appropriate all funds, and audit and allow all bills, accounts, payrolls and claims, and order payment thereof.

(Code of Iowa, Sec. 384.16)

3. PUBLIC IMPROVEMENTS. Make all orders for the doing of public improvements, and award contracts for construction of any public improvements.

4. CONTRACTS. Make or authorize all contracts. No contract shall bind or obligate the city unless authorized by the council, and be in writing. Contracts authorized by resolution shall be drawn or approved by the city attorney before they are entered into. Any contracts based upon bidding require bidding according to the Code of Iowa requirements.

(Code of Iowa, Sec. 384.95-384.101)

5. OFFICERS AND EMPLOYEES. Appoint and remove city officers and employees unless otherwise provided by law or ordinance, and prescribe their powers, duties, compensation and terms of employment.

(Code of Iowa, Sec. 372.13(4&8))

6. PRESCRIBE COMPENSATION. Prescribe the compensation of the mayor, council members and any other elected city officer, and by resolution the compensation of appointed city officers and employees.

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

EXERCISE OF POWER. The council shall exercise a power only by the passage of a motion, a resolution, an amendment, or an ordinance. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at open session. Such powers shall be exercised as follows:

1. APPROVED ACTION BY COUNCIL. Passage of an ordinance, amendment, or resolution requires an affirmative vote of not less than a majority of all the council members. A resolution must be adopted to spend public funds in excess of twenty-five thousand dollars ($25,000) on any one project, or a motion to accept public improvements and facilities upon their completion, also requires an affirmative vote of not less than a majority of all the council members. Each councilman's vote on an ordinance, amendment, or resolution must be recorded.

(Code of Iowa, Sec. 380.4)

2. OVERRIDING MAYOR'S VETO. Within thirty (30) days after the mayor's veto, the council may repass the ordinance or resolution by a vote of not less than two-thirds (2/3) of the council members; and the ordinance or resolution becomes effective upon repassage and publication.

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

3. MEASURES BECOME EFFECTIVE. Measures passed by the council, other than motions, become effective in one of the following ways:

a. If the mayor signs the measure, a resolution becomes effective immediately upon signing; and an ordinance or amendment becomes a law when published, unless a subsequent effective date is provided within the measure.

(Code of Iowa, Sec. 380.6(1))

b. If the mayor vetoes a measure and the council repasses the same measure after the mayor's veto, a resolution becomes effective immediately upon repassage; and an ordinance or amendment becomes a law when published, unless a subsequent effective date is provided within the measure.

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

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

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

9.03 COUNCIL COMMITTEES. The mayor shall appoint with approval of the council any council standing committees established by council resolution, and any special committees of the council. The standing committees shall consist of two (2) council members; the first named shall be chairman. The mayor shall name the chairman of special committees and such other members as he deems appropriate. The mayor shall be an ex-official member of each committee. The mayor shall appoint the standing committees at the first meeting in January following each municipal election. Special committees may be named by the mayor when deemed useful to the city.

9.04 MEETINGS. Meetings of the council shall be as follows:

1. REGULAR MEETINGS. The regular meetings of the council shall be held on the second Monday of each month at 7:00 p.m. in the Council Chambers, City Hall, with the exception of the months of June, July, August, and September when the meeting will be held at 7:30 p.m..

Editor's Note: Ordinance 219 was approved on August 5, 1996 amending 2.40.030 Meeting Times of the City Council. Section 2.40.30 is now section 9.04.

2. SPECIAL MEETINGS. Special meetings shall be held upon call of the mayor or upon the written request of a majority of the members of the council submitted to the clerk. Notice of a special meeting shall specify the date, time, place, and subject of the meeting; and such notice shall be given personally or left at the usual place of residence of each member of the council. A record of the service of notice shall be maintained by the clerk.

(Code of Iowa, Sec. 21.4)

3. OPEN MEETINGS. All meetings of the council, standing committees and city boards or commissions, or special committees shall comply with the open meeting laws of Iowa.

(Code of Iowa, Chapter 21)

4. QUORUM. A simple majority of all councilmembers is a quorum.

(Code of Iowa, Sec. 372.13(1))

5. RULES OF PROCEDURE. The council shall determine the rules of its own proceedings by resolution, and the clerk shall keep such rules on file for public inspection.

(Code of Iowa, Sec. 372.13(5))

9.05 ELIGIBILITY FOR APPOINTMENT. A councilman is not eligible for appointment to any city office if the office has been created or the compensation of the office has been increased during the term for which he is elected.

(Code of Iowa, Sec. 372.13(9))

9.06 COMPENSATION. The salary of each council member shall be twenty-five ($25.00) dollars for each official council meeting and fifteen ($15.00) attended.

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

Editor's Note: Ordinance 205 was approved on June 7, 1993 as Chapter 2.44 Salaries and is Section 9.06 in this ARTICLE.

9.07 TENTATIVE AGENDA. The clerk shall prepare and post a tentative agenda for each meeting at a place, or places, designated by the council, one of which shall be near the place of meeting at the city hall. The posting shall be made at least twenty-four (24) hours before the meeting except as permitted under state law in case of emergencies.

9.08 SERVING AS CHIEF OF VOLUNTEER FIRE DEPARTMENT. If volunteer fire department for the City serves an area with a population of not more than two thousand (2,000) then a council member may also hold the office of chief of the volunteer fire department, provided that no other person who is not a council member is available to hold such office.

(Code of Iowa, Sec. 372.13(10))

CHAPTER 4: ADMINISTRATIVE CODE - ADMINISTRATION

ARTICLE 10 - CITY CLERK/TREASURER

10.01 CREATION OF OFFICE. There is hereby created the office of city clerk-treasurer to be appointed by the city council at the first meeting of January following a regular city election for a two-year term commencing on that date and continuing until a successor is appointed and qualified.

10.02 POWERS AND DUTIES. The powers and duties of the city clerk-treasurer shall be as follows:

1. ADMINISTER OATHS. Administer oaths of office to any city officer who is required to give an oath.

(Code of Iowa, Sec. 78.2(4))

2. ATTEND MEETINGS. Attend all meetings of the council and its committees.

3. RECORD PROCEEDINGS. Record and preserve a record of meeting proceedings and publish a summary of Council proceedings after each regular or special meeting; and where applicable, indicate whether the Mayor signed, vetoed or took no action on a measure passed by the Council, and whether a measure was repassed after the Mayor's veto.

(Code of Iowa, Sec. 380.7(1))

4. ORDINANCES. Publish all ordinances immediately after passage and approval by council, and enter each ordinance in an ordinance record book, authenticating each ordinance and certifying as to the time and manner of publication.

(Code of Iowa, Sec. 380.7(2) & 362.3)

5. RESOLUTIONS. Keep an official resolution record book, and enter each resolution therein.

6. COUNCIL COMMUNICATIONS. Keep and date all communications and petitions directed to the council or city, and endorse thereon council action taken on matters presented in such documents.

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

7. CORPORATE SEAL. Affix the corporate seal to those public documents or instruments as directed by the mayor or council, or as required by law.

(Code of Iowa, Sec. 380.7(3))

8. ELECTIONS. Accept the nomination petition of a candidate for a city office for filing if on its face it appears to have the requisite number of signatures and it is timely filed. The clerk shall deliver all nomination petitions to the county commissioner of elections no later than five o'clock p.m. (5:00) on the day following the last day on which nomination petitions can be filed.

(Code of Iowa, Sec. 376.4)

9. ISSUE LICENSES AND PERMITS. Issue all council-approved licenses and permits and keep a record of them showing the date, number, to whom issued and for what purpose.

10. OTHER DUTIES. Perform such other duties as specified by council resolution or ordinance.

10.03 CHIEF ACCOUNTING OFFICER. The clerk-treasurer shall be chief accounting officer of the city and:

1. SEPARATE ACCOUNTS. Keep separate accounts for every appropriation, department, public improvement or undertaking.

2. ACCOUNTS RECEIVED. Keep an account of any cash, investment, account receivable and property received by, due to, or in the custody of the city.

3. RECEIPT. Give a receipt for all cash or checks received, specifying the date received, from whom and for what account.

4. ACCOUNTS DISBURSED. Keep accounts for cash disbursed, purchase or contract commitments, and property disposed of or sold by the city, and record each transaction in the correct fund, specifying the date and to whom paid.

5. BUDGET ACCOUNTS. Maintain the budgetary accounts required by law and as directed by the council.

6. BUDGET REPORTS. Prepare and publish all financial and budgetary reports and the list of claims, as required by law.

7. REVENUES FROM CITY UTILITY. The gross revenues of a city utility, combined utility system, city enterprise, or combined city enterprise must be deposited promptly in the city's depository and be kept on the city books in a separate account for each and from other funds of the city.

(Code of Iowa, Sec. 384.85)

10.04 CUSTODY OF TREASURY. The clerk-treasurer shall have custody of the treasury and perform the following functions:

1. DEPOSITS. Deposit in banks authorized by the council any money held in his custody and belonging to the municipality in amounts not exceeding limits set by the council.

(Code of Iowa, Sec. 12 C.1)

2. BALANCE ACCOUNTS. Reconcile the bank statements with the city books, and certify monthly to the council the balance of cash and investments and amounts received and disbursed for each fund.

3. INVESTMENTS. Invest all idle funds and other funds as directed by the council in accordance with law.

(Code of Iowa, Sec. 12 C.9)

4. PAY CLAIMS. Pay all claims against the city only upon council order or other council authorization.

5. TREASURER. Be treasurer of all boards and commissions.

6. AUTHENTICATE DOCUMENTS. Sign all evidences of indebtedness, coupons, or certificates as required by law.

(Code of Iowa, Sec. 380.7(3))

7. CUSTODY OF FUNDS. Be responsible for the safe custody of all funds of the city in the manner provided by law and council direction, including all funds received or held in custody for any board or commission or agency existing in the city created by council or the people.

8. RECONCILIATIONS, REPORTS. Reconcile the bank statements with the city's books, certify monthly to the council the balance of cash and investments of each fund and amounts received and disbursed, and reconcile the treasurer's books with the clerk's every month.

9. DEBT SERVICE. Keep a register of all bonds outstanding, and record all payments made of interest and principal.

10. INVESTMENTS. Advise the council on investments, and invest city monies not immediately needed at interest in accordance with council directives and the requirements of Section 452.10 of the Iowa Code. The treasurer shall determine the anticipated level of bank deposits for making the depository declaration to the State Treasurer as required by Chapter 453 of the Iowa Code.

11. RECORDS. Keep such books as will account for all funds of the city, including any warrants out at interest, and call such warrants at the earliest opportune time.

10.05 CUSTODY OF RECORDS. The clerk-treasurer shall have custody of all records and documents pertaining to the municipality unless otherwise directed by law or ordinance and:

(Code of Iowa, Sec. 372.13(3))

1. FILE AND RECORD TRANSACTIONS. File and preserve all receipts, vouchers, and other documents kept or required to be kept so as to prove the validity of every transaction and identity of any person having a beneficial relation thereto.

2. DESTROY OLD RECORDS. Destroy all vouchers and minor records over five (5) years old except those specified for retention by law. Anything that concerns land must be kept permanently.

(Code of Iowa, Sec. 372.13(3&5)

3. FURNISH COPIES. Furnish, upon request, to any municipal officer a copy of any record, paper, or public document under the Clerk's control when it may be necessary to such officer in the discharge of such officer's duty; furnish a copy to any citizen when requested upon payment of the fee set by law or council resolution; under the direction of the Mayor or other authorized officer, affix the seal of the City to those public documents or instruments which by ordinance are required to be attested by the fixing of the seal.

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

4. CERTIFY MEASURES. Certify to the county recorder all ordinances establishing zoning districts, building lines, or fire limits, and a plat showing each district, lines, or limits.

(Code of Iowa, Sec. 380.11)

5. BONDS. Keep a register of all bonds outstanding, and record all payments made of interest and principal.

RECORD APPOINTMENTS. Keep a record of all appointments, notifying all persons appointed by the mayor or council of such appointments and the time of taking office.

ORDINANCES AND CODES. Maintain copies of all effective City Ordinances and codes for public use.

10.06 PUBLICATION. The clerk-treasurer shall cause to be published all ordinances, enactments, proceedings, and official notices requiring publication as follows:

1. TIME. If notice of an election, hearing, or other official action is required by the municipal code or law, the notice must be published at least once, not less than four (4) nor more than twenty (20) days before the date of the election, hearing, or other action, unless otherwise provided by law.

(Code of Iowa, Sec. 362.3(1))

2. MANNER OF PUBLICATION. A publication required by the city code or law must be in a newspaper published at least once weekly and having general circulation in the city (except that ordinances and amendments may be published by posting in the official places set by ordinance).

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

10.07 OFFICIAL POSTING LOCATION. Whenever there is to be notice given and no other form of publication is specified by law, the following four (4) locations are officially designated for such notices:

1. City Hall

2. U.S. Post Office

3. First National Bank

4. Primghar Savings Bank

10.08 COMPENSATION. The city clerk-treasurer shall be paid such compensation as specified by resolution of the council.

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

CHAPTER 4: ADMINISTRATIVE CODE - ADMINISTRATION

ARTICLE 11 - CITY ATTORNEY

11.01 POWERS AND DUTIES. The duties of the city attorney shall be as follows:

(Code of Iowa, Sec. 372.13(4)

1. ATTEND MEETINGS. Attend those meetings of the council at which he is requested to be present.

2. DRAFTS. Formulate drafts for contracts, forms, and other writings which may be required for the use of the city upon request.

3. DOCKET AND RECORD OF OPINIONS. Keep in proper files a record of all official opinions and a docket or register of all actions prosecuted and defended by the city attorney accompanied by all proceedings related to said actions.

4. LEGAL OPINION. Give an opinion in writing upon all questions of law relating to municipal affairs submitted by the council, the mayor, members of the council individually, municipal boards, or the head of any municipal department upon request.

5. PREPARE ORDINANCES. Prepare those ordinances which the council may desire and direct to be prepared and report to the council upon all ordinances before their final passage by the council and publication.

6. REPRESENT CITY. Act as attorney for the city in all matters affecting the city's interests, appear on behalf of the city before any court tribunal, commission, or board and prosecute or defend all actions and proceedings when so requested by the mayor or the council.

7. REPRESENT MUNICIPAL OFFICERS AND EMPLOYEES. Not appear on behalf of any municipal officer or employee before any court or tribunal for the purely private benefit of said officer or employee. The city attorney shall, however, if directed by the council, appear to defend any municipal officer or employee in any cause of action arising out of or in the course of the performance of the duties of said office or employment.

8. CERTIFY BONDS. Sign the name of the city to all appeal bonds and to all other bonds or papers of any kind that may be essential to the prosecution of any cause in court; and when so signed, the city shall be bound upon the same.

REVIEW CONTRACTS AND ORDINANCES. Make a written recommendation to the council and interested department heads concerning all contracts, documents, authorized power of the city officer, and ordinances submitted to or coming under notice before they go into effect.

11.02 COMPENSATION. The city attorney shall be paid such compensation as specified by resolution of the council.

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

CHAPTER 5: BOARDS, COMMISSIONS, AND DEPARTMENTS

ARTICLE 12 - POLICE DEPARTMENT

12.01 CONTRACT LAW ENFORCEMENT. The Council may contract with the County Sheriff or any other qualified lawful entity to provide law enforcement services within the City, and the Sheriff or such other entity shall have and exercise the powers and duties as provided in said contract and as required by law or ordinance.

(Code of Iowa, 28E.30)

CHAPTER 5: BOARDS, COMMISSIONS, AND DEPARTMENTS

ARTICLE 13 - PARK BOARD

13.01 PARK BOARD CREATED. A park board is created to advise the council on the needed open-space facilities such as parks, playgrounds, and community facilities for other forms of recreation. It shall plan and oversee city programs and encourage other programs for the leisure time of city residents of all ages.

(Code of Iowa, Sec. 392.1)

13.02 ORGANIZATION. The term of office of board members shall be five (5) years, except that the members first named shall hold office for such terms not exceeding three years, that the terms of not more than one-third of the members will expire in any one year. Any vacancy occurring on the board, caused by resignation or otherwise, shall be filled by the council for the unexpired term. All members of such board shall serve without compensation except their actual expenses which shall be subject to the approval of the council. The board shall choose annually at its first regular meeting one of its members to act as chairman and another as vice-chairman to serve in the absence of the chairman.

13.03 POWERS AND DUTIES. The park board shall have the following powers and duties:

1. ADVISE COUNCIL. Advise the council on park and recreation matters.

2. BUDGET. Be limited by the annual budget designated for parks and recreation by the council.

3. REPORTS. Make written activity reports to the council when requested and as the board deems advisable. Its revenues and expenditures shall be reported monthly by the clerk, and a copy be provided to each board member and in the clerk's report to the council.

4. RULES AND REGULATIONS. Make rules and regulations governing the use of park and other recreational facilities or for the conduct of recreation programs, with approval by the council. The rules shall be posted or publicized for adequate public notice.

13.04 OPEN MEETINGS. All meetings of the park board shall comply with the regulations stated in Chapter 21 of the Code of Iowa.

COMPENSATION. Park board members shall receive no salary.

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

13.06 PARKS, SWIMMING POOL & RECREATION FEES. The City council may from time-to-time set fees for the use of the City's parks, swimming pool and other recreational activities. These fees are set forth in Appendix A of the Primghar City Code and are available at the Office of the City Clerk.

BOARDS, COMMISSIONS, AND DEPARTMENTS

ARTICLE 14 - LIBRARY BOARD

14.01 PUBLIC LIBRARY. The free public library established for the City of Primghar is to be known as the Primghar Public Library.

14.02 BOARD OF LIBRARY TRUSTEES. The Board of Library Trustees is established and shall consist of five members to be appointed by the mayor and approved by the council.

(Code of Iowa, Sec. 392.5)

14.03 QUALIFICATIONS. All board members shall be bona fide citizens, over the age of eighteen (18).

14.04 TERMS. Of the five board members, one member shall hold office for two years, two for four years, and two for six years, from the first day of July following the establishment of the board. At the board's first meeting, members shall cast lots for the respective terms, reporting the result to the council. All subsequent terms and appointments thereto shall be for six years each, except to fill vacancies.

14.05 VACANCIES. A board position shall become vacant if the trustee moves permanently from the city, or is absent from four (4) consecutive regular board meetings, except in the case of illness or temporary excused absence from the city. Vacancies shall be filled by appointment of the mayor with council approval, and the new trustee shall fill the unexpired term for which the appointment was made.

14.06 POWERS AND DUTIES. The board shall have the following powers and duties:

1. OFFICERS. Meet and elect a chairperson, vice-chairperson, and secretary from its members.

2. RESPONSIBLE FOR LIBRARY. Take charge, control, and supervision of the public library, its appurtenances, fixtures, and rooms for library purposes.

3. DIRECT AFFAIRS. Direct and control library affairs.

4. LIBRARIAN. Employ a librarian and fix the librarian's compensation.

5. OTHER EMPLOYEES. Authorize the librarian to employ assistants and other employees necessary to operate the library properly.

6. REMOVAL. Remove the librarian, assistants, or employees by a two-thirds vote of the board.

7. SELECT LIBRARY MATERIALS. Select, or authorize the librarian to select, and make purchases of all library materials and supplies, within budgetary units set by the board.

8. NONRESIDENT USE. Authorize the use of the library by nonresidents of the city and to fix charges thereof.

9. FUNDS. Have exclusive control of all expenditures for library purposes including all monies available by gift or otherwise within council appropriations for library services.

10. GIFTS. Accept and control the expenditure of all gifts, devises, and bequests to the library, and require the council to appropriate such monies to the library.xcx (Code of Iowa, Sec. 392.5)

11. RULES AND REGULATIONS. Make and adopt, amend, modify, or repeal rules and regulations for the care, use, and management of the library, and prescribe penalties for rule violations.

12. RECORD. Keep a record of its proceedings.

13. HISTORICAL ASSOCIATIONS. May make agreements with local county historical associations when applicable, to set apart room for and care for ARTICLEs of historical or educational interest in the possession of the association, and purchase with library funds such materials necessary to preserve and protect such ARTICLEs.

14.07 POWER TO CONTRACT. The board may contract with any other board of trustees of a free public library and any school, corporation, city, and county. If there is a county library district, the city may contract with it for the use of the library by city residents. Such contract may be terminated at any time by mutual consent of the contracting parties, or by a majority vote of the electors represented by either contracting party.

14.08 NONRESIDENT USE OF THE LIBRARY. The board may authorize the use of the library by nonresidents by:

1. TERMS OF LOAN. Lending library materials to nonresidents on the same terms as to residents of the city, or upon payment of a special nonresident fee.

2. DEPOSITORIES. Establishing depositories of library materials to be loaned to nonresidents.

3. BOOKMOBILES. Establishing bookmobiles or a traveling library.

4. BRANCH LIBRARIES. Establishing branch libraries.

14.09 LIBRARY ACCOUNT. The council shall appropriate in the general fund a library account to be used for the operation and maintenance of the library. Expenditures shall be paid only on board orders, signed by the president and secretary. The warrant-writing officer is the city clerk.

14.10 ANNUAL REPORT. The board shall submit an annual comprehensive report to the council after the close of the municipal fiscal year.

14.11 OPEN MEETINGS. All meetings of the library board shall comply with the regulations stated in Chapter 21 of the Code of Iowa.

CHAPTER 5: BOARDS, COMMISSIONS, AND DEPARTMENTS

ARTICLE 15 - FIRE DEPARTMENT

15.01 PURPOSE. A volunteer fire department is established to prevent and extinguish fires and to protect lives and property against fires, to promote fire prevention and fire safety, and to answer all emergency calls for which there is no other established agency.

15.02 FIREMAN-VOLUNTEER. Not more than twenty-five (25) residents of Primghar, Iowa or persons who reside within three (3) miles of the city limits of Primghar, Iowa from the ages of eighteen (18) and sixty-five (65) shall be appointed to serve as volunteer firemen. Prior to appointment as a volunteer fireman, a volunteer fireman must pass a medical physical examination. A fireman must have a current active Iowa driver's license, not be a drug addict or drunkard and is of a good moral character and has not been convicted of a felony..

Editor's Note: Ordinance 222 was approved on November 11, 1996 as Chapter 2.56.040 Fireman-Volunteer and is now the first full sentence of section 15.02 of this chapter. The last two sentences of 15.02 were added at time of the 2004 Codification.

15.03 TRAINING. All members of the department shall attend and actively participate in regular or special training drills or programs as directed by the chief.

15.04 ELECTION OF OFFICERS. The department shall elect a chief and such other officers as necessary, but the election of chief shall be subject to the approval of the council. In case of absence of the chief, the officer next in rank shall be in charge and have and exercise all the powers of chief.

15.05 ACCIDENTAL INJURY INSURANCE. The council shall contract to insure the city against liability for workmen's compensation and against liability for the costs of hospitalization, nursing, and medical attention for volunteer firemen injured in the performance of their duties as firemen whether within or outside the corporate limits of the city. All volunteer firemen shall be covered by the contract.

15.06 LIABILITY INSURANCE. The council shall contract to insure against liability of the city or members of the department for injuries, death or property damage arising out of and resulting from the performance of departmental duties within or outside the corporate limits of the city.

(Code of Iowa, Sec. 613A.2 & 517A.l)

15.07 FIRES OUTSIDE THE CITY. The department shall answer calls to fires and other emergencies outside the city limits if the fire chief determines that such emergency exists and that such action will not endanger persons and property within the city limits.

(Code of Iowa, Sec. 364.4(2&3))

15.08 MUTUAL AID. Subject to approval by resolution of the council, the department may enter into mutual aid agreements with other legally constituted fire departments. Copies of any such agreements shall be filed with the clerk.

(Code of Iowa, Sec. 364.4(2&3))

15.09 FIRE CHIEF. The council shall appoint the fire chief for a term of one (1) year or for the balance of a term if to fill a vacancy. The council may remove the fire chief by written order setting out the reasons for removal which shall be filed with the clerk. The fire chief, before entering upon the duties of his office, shall qualify for office by taking the oath prescribed in Title 1, Chapter 1, Section 5.07 of this Municipal Code.

15.10 POWERS AND DUTIES. The duties of the fire chief shall be as follows:

1. DIRECT DEPARTMENT. Be charged with the duty of maintaining the efficiency, discipline and control of the fire department. The members of the fire department shall, at all times, be subject to the direction of the fire chief.

2. ENFORCE DEPARTMENT REGULATIONS. Enforce all rules and regulations established by the council for the conduct of the affairs of the fire department.

3. CONTROL DEPARTMENT PROPERTY. Exercise and have full control over the disposition of all fire apparatus, tools, equipment and other property used by or belonging to the fire department.

4. KEEP RECORDS. Keep records of the fire department personnel, operating cost and efficiency of each element of fire fighting equipment, depreciation of all equipment and apparatus, the number of responses to alarms, their cause and location, and an analysis of losses by value, type and location of buildings.

5. REPORTS. Make monthly written reports to the mayor and council concerning the general status and efficiency of the fire department, the number of alarms answered during the previous month, and any additional information. He shall compile and file with the mayor an annual report summarizing the department's activities for the year and containing recommendations for improvements in the department.

6. ENFORCE ORDINANCES AND STATE LAWS. Enforce all ordinances and, here enabled, state laws regulating the following:

a. Fire prevention

b. Maintenance and use of fire escapes

c. The investigation of the cause, origin and circumstances of fires

d. The means and adequacy of exit in case of fire from halls, theatres, churches, hospitals, asylums, lodging houses, schools, factories and all other buildings in which the public congregates for any purpose

e. The installation and maintenance of private fire alarm systems and fire extinguishing equipment.

7. RIGHT OF ENTRY. Have the right of entry into any building or premises within his jurisdiction at a reasonable time and after reasonable notice to the occupant or owner. He shall conduct such investigation or inspection that he considers necessary in light of state law, regulation or ordinance.

8. MAKE RECOMMENDATIONS. Make such recommendations to owners, occupants, caretakers or managers of buildings necessary to eliminate fire hazards.

9. AID STATE FIRE MARSHAL. Aid the state fire marshal when requested in the performance of his duties by investigating, preventing and reporting data pertaining to fires.

10. APPOINT FIREMEN. Appoint carefully selected volunteer firemen, with council approval, fill vacancies among them and discharge them when necessary.

11. INVESTIGATIONS. Investigate the cause, origin and circumstances of each fire by which property has been destroyed or damaged or which results in bodily injury to any person. If death, serious bodily injury or property damage in excess of two hundred thousand dollars occurs as a result of a fire, or if arson is suspected, he shall notify the state fire marshal's division immediately. Within ten (10) days following the end of each month the chief shall file a report of all fire incidents with the state fire marshal's division in the form required by the state fire marshal.

15.11 FIREMEN-DUTIES. When called by the Chief, all firemen shall report for duty immediately in the manner directed by the chief. They shall be subject to call at any time. They shall obey strictly the commands of any other fireman who has been appointed by the chief in advance if they expect to be absent from the city or their residences within three miles of the city limits of Primghar, Iowa for twelve (12) hours or more. Firemen shall report for training as ordered by the chief.

Editor's Note: Ordinance 222 was approved on November 11, 1996 as Chapter 2.56.050 Fireman-Duties and is now section 15.11 of this chapter.

15.12 COMPENSATION. The compensation of the fire chief shall be determined by resolution of the council.

CHAPTER 5: EMERGENCY MEDICAL SERVICES

ARTICLE 16 - AMBULANCE SERVICE

16.01 PURPOSE. The voluntary Ambulance Service is established to provide emergency transportation for persons in need of medical services.

16.02 MEMBERSHIP. Members of the Ambulance Service shall be appointed by the Director of the Ambulance Service, subject to Council approval. A person shall not be eligible for appointment unless such person:

1. Is a citizen of the United States and a resident of the City or works inside corporate limits of the City.

2. Is at least 18 years of age.

3. Has a current active Iowa drivers license.

4. Is not a drug addict or drunkard.

5. Is of good moral character and has not been convicted of a felony.

Ambulance Service members, once approved by the Council, have the powers and duties set forth in the rules and regulations attached hereto. Upon appointment by the Director and approval by the City Council, each new member shall serve a six (6) month probationary period. The Director of Ambulance Services shall then advise the city council of the results of his/her review, at which time the council shall either approve or reject said ambulance member's continued appointment.

16.03. ELECTION OF OFFICERS. Members of the Department, pursuant to the procedures set forth in the rules and regulations attached hereto, shall elect the following officers:

1) Director

2) Assistant Director

3) Secretary

4) Training Officers

The election of the officers shall be subject to the approval of the Council.

16.04. POWERS AND DUTIES OF OFFICERS.

1. THE DIRECTOR SHALL:

A. Be approved by the Council for a term of one 1) year or for the balance of the term if to fill a vacancy. The Council may remove the Director by written order setting out the reasons for removal which shall be filed with the Clerk. The Director, before entering upon the duties of his office, shall qualify for office by taking oath prescribed by Title I, Chapter I, Section 5.07 of this Municipal Code.

B. Direct department. Be charged with the duty of maintaining the efficiency, discipline and control of the Ambulance Service. Members of the Ambulance Service shall, at all times, be subject to the direction of the Director. The Director shall run the ambulance meetings. He shall be responsible for maintaining the call schedule and shall set up practice runs with the assistance of the other officers.

C. Enforce department regulations. Enforce the rules and regulations attached hereto as established by the Council for the conduct of the affairs of the Ambulance Service.

D. Control department property. Exercise and have full control over the disposition of all ambulance apparatus, tools, equipment and other property used by or belonging to the Ambulance Service and be responsible for ordering all supplies and be responsible for seeing that the supplies are well stocked.

E. Keep records. Keep records of the Ambulance Service personnel, operating costs and efficiency of each element of ambulance equipment, depreciation of all equipment and apparatus, and the number of responses to requests for transportation, their cause and location.

F. Is the contact person for the Mayor and Council concerning the general status and efficiency of the Ambulance Service, and any other agency wishing to do business with the Ambulance Service.

G. Appoint carefully selected volunteer members, fill vacancies among them, and discharge them when necessary, all subject to Council approval.

Does payroll for ambulance service personnel.

Submitting work hours to city office.

Billing for equipment to city office.

2. ASSISTANT DIRECTOR:

A. The Assistant Director shall assist the Director in the discharge of their duties and, in their absence, shall officiate for the Director. In case of absence of the Director and Assistant Director, the officer next in rank shall be in charge and exercise all powers of the Director. The Assistant Director is responsible for scheduling work hours of ambulance service personnel. In addition thereto, the Assistant Director shall be in charge of setting up continuing education hours for the Service employees.

3. SECRETARY

A. The Secretary shall keep a correct roll of the Department and call the same precisely at the hour appointed for meetings. They shall keep a correct record of the proceedings of the Department and at each meeting shall read the minutes of the preceding meeting. They shall, upon request, conduct any correspondence pertaining to the Service. It shall be the duty of the Secretary to keep an accurate account of all monies received pertaining to the Service and pay all bills approved by the Service. It shall be the Secretary's duty to send patients bills for services rendered by the Ambulance Service and to maintain the Ambulance Service's employee payroll.

4. MAINTENANCE SUPERVISOR:

A. The Maintenance Supervisor shall be responsible for seeing that the vehicles are maintained and kept in a clean condition. In addition thereto, the maintenance supervisor shall keep a log on the vehicles and shall keep the membership apprized as to any major concerns as to the condition of the Ambulance Service vehicles.

16.05 ACCIDENTAL INJURY INSURANCE. The Council shall contract to insure the City against liability for workman's compensation and against liability for the cause of hospitalization, nursing and medical attention for the volunteers injured in the performance of their duties, whether within or outside the corporate limits of the City. All volunteers shall be covered by the contract.

16.06 LIABILITY INSURANCE. The Council shall contract to insure against liability of the City of members of the Service for injuries, death, or property damage arising out of and resulting from the performance of service duties within or outside the corporate limits of the City.

16.07 RULES AND REGULATIONS. The following rules and regulations shall govern the operation of the Primghar Ambulance Service.

1. Meetings. All meetings of the Ambulance Service shall be set by the Director.

a. The business meetings of the Ambulance Service shall be the third Tuesday of each month, unless members are notified otherwise. The business meetings of the department shall not be regularly scheduled for the months of January and February. Practice runs are to be scheduled by the Director and will be held on the third Tuesday of each month, following the meeting. When a regular meeting or practice run occurs on a holiday, such meeting shall be held on the following Tuesday evening. Any two officers of the Service shall have the power to call a meeting whenever they deem it necessary.

b. For an official meeting, there shall be no requirement of a quorum and the majority in attendance at said meeting shall rule.

c. The proceedings in all cases will be governed the Director. The order of business for all regular meetings shall be as follows:

1. Roll call.

2. Reading of minutes of the previous meeting.

3. Treasurer's report and reading of bills.

4. Committee reports.

5. Officer's report.

6. Report of the executive committee.

7. Balloting of members.

8. Unfinished business.

9. Miscellaneous business.

The order of business for special meetings shall be as follows:

1. Roll call.

2.Transaction of such business as the meeting was called for.

3. Other business may be taken up by a majority vote of the members present.

2. OFFICERS. The department membership shall hold an annual election of officers. Any

member is eligible to be elected an officer. No one will be allowed to hold more than one (1) office at any time. Nominations for an office will be made at the regular November meeting. Within seven (7) days of said meeting, the Secretary shall be responsible for mailing ballots to all eligible members. The ballots must be returned to the Secretary within two (2) weeks of mailing. The Secretary shall be responsible for announcing the results of the election at the December business meeting. In the case of a tie vote, a simple toss of the coin will break that tie and one of the two candidates shall call the toss. Only members who prior to the November meeting have taken five (5) calls and/or attended five (5) meetings in the previous twelve (12) months shall be eligible to vote.

a. Any member feeling aggrieved by any decision of an officer in command may appeal to the Department at any regular or special meeting.

3. MEMBERS. Every newly appointed member shall be in a probation period of six (6) months.

a. Members can be dismissed from the Ambulance Service by:

1. A serious infraction of a service rule or state regulation.

2. A membership majority vote.

3. To serve as Medical Director.

4. State agencies governing emergency services .

b. No member can purchase items without a vote by the membership with the exception of needed medical supplies which are purchased by the Director.

c. All members are to be paid by the call at an amount voted upon by the membership.

4. GENERAL RULES

a. Shifts are from 6:00 a.m. to 6:00 p.m. and from 6:00 p.m. to 6:00 a.m. Members who are unable to fill their assigned shift are responsible for finding their own replacement.

b. No alcoholic beverages are to be consumed while on duty.

c. An ambulance cannot leave the garage for a call without a driver and one medical person on board, unless the driver is notified that the medical person is on the scene and has directed them to proceed to the site.

d. Any required continuing education is paid for by the Ambulance Service, but only upon prior approval by the membership.

e. To be a driver, a person must have done the following:

1. Taken a defensive driving course;

2. Have a current CPR certification; and,

3. Have received communications instruction.

To be designated as medical personnel, a member must:

1. Have an EMT certification and maintain the certification and follow the laws governing that certification.

5. AMENDMENTS.

a. All propositions to alter or amend these rules and regulations must be made in writing at a regular monthly meeting specifying the intended alterations or amendments.

b. Each member at said meeting will be given a copy of the proposed alteration or amendments. Further, any member absent at said regular meeting shall be given a copy at least ten (10) days before the next regular or special meeting.

c. At the next regular or special meeting, said proposed alterations or amendments shall be voted upon by the membership. Said proposal shall pass upon receiving a favorable vote of two thirds (2/3) of the members present.

d. Any such proposal, once passed by a favorable vote of the membership, subject to approval by the City Council.

16.08 MUTUAL AID. Subject to the approval by resolution of the Council, the Service may enter into mutual aid agreements with other legally constituted ambulance services. Copies of such agreements shall be filed with the Clerk.

AMBUALNCE RATES. The purpose of ambulance rates is to fix ambulance rates for the municipally owned ambulance service. Ambulance service will be furnished to the residents of Primghar and the surrounding areas. Rates for ambulance services will be established by ordinance. Rates for ambulance services are set forth in Appendix A of the Primghar City Code and are available at the Office of the City Clerk.

(Editor's Note: Section 16.08 was approved by City Council as ordinance 235, Chapter 13.36 Ambulance Rates).

16.09 COMPENSATION. The compensation of the EMS personnel shall be determined as specified by resolution of the council.

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

CHAPTER 5: BOARDS, COMMISSIONS, AND DEPARTMENTS

ARTICLE 17 - (Reserved for Future Use)

CHAPTER 5: BOARDS, COMMISSIONS, AND DEPARTMENTS

ARTICLE 18 - (Reserved for Future Use)

CHAPTER 6: FISCAL MANAGEMENT

ARTICLE 19 - BUDGET

19.01 FINANCE OFFICER. The city clerk shall be the finance and accounting officer of the city and shall be responsible for the administration of the provisions of this chapter.

19.02 PREPARATION. The annual operating budget of the city shall be prepared in accordance with the following:

1. ANNUAL BUDGET BY CLERK. The clerk shall be responsible for helping the mayor prepare the annual budget detail of revenues and expenditures, for review and adoption by the council in accordance with directives of the mayor and council.

(Code of Iowa, Sec. 384.16)

2. BOARDS AND COMMISSIONS BUDGETS. All boards, commissions, and other administrative agencies of the city that are authorized to prepare and administer budgets must submit their budget proposals to the clerk for consideration in the proposed city budget no later than December 1 of each year and in such form as may be required by the clerk.

(Code of Iowa, Sec. 384.20)

3. SUBMISSION TO COUNCIL. The clerk shall submit the completed budget proposal to the council no later than February 1 of each year.

4. COUNCIL REVIEW. The mayor and council shall review the proposed budget and may make any adjustments in the budget which they deem appropriate before accepting such proposal for publication of notice, hearing, and final adoption.

5. NOTICE OF HEARING. Upon adopting a proposed budget, the council shall set a date for public hearing thereon to be held before March 15, and cause notice of such hearing and a summary of the proposed budget to be published no less than ten (10) nor more than twenty (20) days before the date established for the hearing. Proof of such publication must be filed with the county auditor.

(Code of Iowa, Sec. 384.16(3))

6. COPIES OF BUDGET. No later than ten (10) days before the public hearing, the clerk shall make available a sufficient number of copies of the detailed budget to meet the requests or taxpayers and organizations, and have them available for distribution at the offices of the mayor and clerk and at the city library.

(Code of Iowa, Sec. 384.16(2))

7. PROTEST. At the hearing, any resident or taxpayer of the city may present to the council objections or arguments in favor of any part of the budget for the following fiscal year.

(Code of Iowa, Sec. 384.16(4))

8. ADOPTION AND CERTIFICATION. After the hearing, the council shall adopt, by resolution, a budget for at least the next fiscal year; and the clerk shall certify the necessary tax levy for the next fiscal year to the county auditor and the county board of supervisors. The tax levy certified may be less than, but not more than, the amount estimated in the proposed budget. Two copies each of the detailed budget as adopted and of the tax certificate must be transmitted to the county auditor.

(Code of Iowa, Sec. 384.16(5))

19.03 BUDGET AMENDMENTS. The city budget finally adopted for the following fiscal year becomes effective July 1 and constitutes the city appropriation for each program and purpose specified therein until amended as provided by this section.

(Code of Iowa, Sec. 384.18)

1. PROGRAM INCREASED. Any increase in the total amount appropriated to a program must be prepared, adopted, and subject to protest in the same manner as the original budget.

2. TRANSFER OF APPROPRIATION BETWEEN PROGRAMS. Any transfer of appropriation from one program to another must be prepared, adopted, and subject to protest in the same manner as the original budget.

(Code of Iowa, Sec. 384.18(4))

3. TRANSFER WITHIN PROGRAMS. When the clerk determines that one or more appropriation accounts need added authorizations to meet required expenditures, he shall inform the council; or if the council upon its own investigation so determines, and another account within the same program has an appropriation in excess of foreseeable needs, or, in the case of a clear emergency or unforeseeable need, the contingency account has an unexpended appropriation, which alone or with the other account can provide the needed appropriations, the council shall set forth by resolution the reductions and increases in the appropriations and the reason for such transfers.

Upon the passage of the resolution and approval by the mayor, as provided by law for resolutions, the clerk shall cause the transfers to be set out in full in the minutes and be included in the published proceedings of the council. Thereupon, the clerk shall cause the appropriations to be revised upon the appropriation expenditure ledgers of the city, but in no case shall the total of the appropriation to a program be increased nor shall the total appropriation for all purposes be increased except by a budget amendment made after notice and hearing as required by law for such amendments.

(Code of Iowa, Sec. 384.15(1))

4. TRANSFER BETWEEN FUNDS. Transfers between funds may be approved by council resolution or as planned in the budget if permitted or required by law.

CHAPTER 6: FISCAL MANAGEMENT

ARTICLE 20 - FUNDS

20.01 FUND CONTROL. The clerk/treasurer shall establish and maintain separate and distinct funds only as required or permitted by law, and account to them as follows:

1. REVENUES. All monies received by the city shall be credited to the proper fund as required by law, ordinance, or resolution.

(Code of Iowa, Sec. 384.3)

2. EXPENDITURES. No disbursements shall be made from a fund unless such disbursement is authorized by law, ordinance, or resolution, or was properly budgeted and supported by a claim approved by the council.

20.02 SPECIAL FUNDS; CASH FUNDS.

1. PETTY CASH FUND. The clerk shall be custodian of a petty cash fund not to exceed twenty-five dollars ($25.00) for the payment of small claims for minor purchases, collect-on-delivery, transportation charges, and small fees customarily paid at the time of rendering a service. The clerk shall obtain some form of receipt or bill acknowledging payment by the vendor of his agent.

At such time as the petty cash fund is approaching depletion, the clerk shall draw a check for replenishment in the amount of the accumulated expenditures and said check and supporting detail shall be submitted to the council as a claim in the usual manner for claims and charged to the proper funds and accounts. It shall not be used for salary payments or other personal services or personal expenses.

(Code of Iowa, Sec. 384.9)

20.03 FUND SURPLUS. The governing body of a city utility, combined utility system, city enterprise or combined city enterprise which has a surplus in its fund may transfer such surplus to any other city fund, except the emergency fund, by resolution. A surplus shall be defined in accordance with generally-accepted accounting principles as promulgated by the American Institute of Certified Public Accountants. No transfer shall be made that is in violation of State law or rules of the city finance

committee.

(Code of Iowa, Sec. 384.89)

20.04 INVESTMENT POLICY. The Council shall establish an Investment Policy to comply with the standards set in Chapter 12B of the Code of Iowa. Copies of this Investment Policy shall be distributed to all appropriate officials. Following is the investment policy.

SECTION 1-SCOPE OF INVESTMENT POLICY

The investment policy of the City of Primghar shall apply to all operating funds, bond proceeds, and other funds and all investments transactions involving operating funds, bond proceeds and other funds accounted for in the financial statements of the City of Primghar. Each investment made pursuant to this Investment Policy must be authorized by applicable law and this written Investment Policy.

The investment of bond funds or sinking funds shall comply not only with this investment policy, but also be consistent with any applicable bond resolution.

This investment policy is intended to comply with Iowa Code Chapter 12B.

Upon passage and upon future amendment, if any, copies of this investment policy shall be delivered to all of the following:

The governing body or officer of the City of Primghar to which the investment policy applies.

All depository institutions or fiduciaries for public funds of the City of Primghar.

The auditor engaged to audit any fund of the City of Primghar.

In addition, a copy of this Investment policy shall be delivered to every fiduciary or third party assisting with or facilitating investment of the funds of the City of Primghar.

SECTION 2-DELEGATION OF AUTHORITY

In accordance with Section 12B.10(1), the responsibility for conducting investment transactions resides with the City Clerk/Treasurer of the City of Primghar. Only the City Clerk/Treasurer and those authorized by resolution may invest public funds and a copy of any empowering resolution shall be attached to this investment policy.

All contracts or agreements with outside persons investing public funds, advising on the investments of public funds, directing the deposit or investment of public funds or acting in a fiduciary capacity for the City of Primghar shall require the outside person to notify the City of Primghar in writing, within thirty days of receipt of all communication from the Auditor of the outside person or any regulatory authority, of the existence of a material weakness in internal control structure of the outside person or regulatory orders or sanctions regarding the type of services being provided to the City of Primghar by the outside person.

The records of investment transactions made by or on behalf of the City of Primghar are public records and are the property of the City of Primghar whether in the custody of the City of Primghar or in the custody of a fiduciary or other third party.

The City Clerk/Treasurer shall establish a written system of internal controls and investment practices. The controls shall be designed to prevent losses of public funds, to document those officers and employees of the City of Primghar responsible for elements of the investment process and to address the capability of investment management. The controls shall provide for receipt and review of the audited financial statement and related reports on internal control structure of all outside persons performing any of the following for this public body.

Investing public funds.

Advising on the investment of public funds.

Directing the deposit or investment of public funds.

Acting in a fiduciary capacity for the City of Primghar.

A bank, savings and loan, or credit union providing only depository services shall not be required to provide an audited financial statement and related report on internal control structure.

The City Clerk/Treasurer of the City of Primghar and all employees authorized to place investments shall be bonded in the amount of $50,000.00.

SECTION 3-OBJECTIVES OF INVESTMENT POLICY

The primary objectives, in order of priority, of all investment activities involving the financial assets of the City of Primghar shall be the following:

Safety: Safety and preservation of principal in the overall portfolio is the foremost investment objective.

Liquidity: Maintaining the necessary liquidity to match expected liabilities is the second investment objective.

Return: Obtaining a reasonable return is the third investment objective.

SECTION 4-PRUDENCE

The City Clerk/Treasurer of the City of Primghar, when investing or depositing public funds, shall exercise the care, skill, prudence and diligence under the circumstances then prevailing that a person acting in a like capacity and familiar with such matters would use to attain the Section 2 investment objectives. This standard requires that when making investment decisions, the City Clerk/Treasurer shall consider the role that the investment or deposit plays within the portfolio of assets of the City of Primghar and the investment objectives stated in Section 2.

When investing assets of the City of Primghar for any given period, the City Clerk/Treasurer shall request competitive investment proposals for comparable credit and term investments from a minimum of two investment providers.

SECTION 5-INSTRUMENTS ELIGIBLE FOR INVESTMENT

Assets of the City of Primghar may be invested in the following:

Interest bearing savings accounts, interest bearing money market accounts, and interest bearing checking accounts at any bank, savings and loan association or credit union in the State of Iowa. Each bank must be on the most recent Approved Bank List as distributed by the Treasurer of the State of Iowa or as necessary by notice inserted in the monthly mailing by the Rate Setting Committee. Each financial institution shall be properly declared as a depository by the governing body of the City of Primghar. Deposits in any financial institution shall not exceed the amount approved by the governing body of the City of Primghar.

Obligations of the United States government, its agencies and instrumentalities.

Certificates of deposit and other evidences of deposit at federally insured depository institutions approved pursuant to Chapter 12C.

Iowa Public Agency Investment Trust ("IPAIT").

Prime bankers' acceptances that mature within 270 days of purchase and that are eligible for purchase by a federal reserve bank.

Commercial paper or other short-term corporate debt that matures within 270 days of purchase and is rated within the two highest classifications, as established by at least one of the standard rating services approved by the Superintendent of Banking.

Repurchase agreements, provided that the underlying collateral consists of obligations of the United States government, its agencies and instrumentalities and takes delivery of the collateral either directly or through an authorized custodian.

An open-end management investment company registered with the Federal Securities and Exchange Commission under the federal Investment Company Act of 1940, 15 U.S.C. Section 80(a), and operated in accordance with 17 C.F.R. Section 270.2a-7, whose portfolio investments are limited to those instruments authorized in this Section 5 of this Investment Policy.

Warrants or improvement certificates of a levee or drainage district.

All instruments eligible for investment are further governed by all other provisions of this investment policy, including Section 7 Investment Maturity Limitations and Section 8, Diversification Requirements.

SECTION 6-PROHIBITED INVESTMENTS AND INVESTMENT PRACTICES

Assets of the City of Primghar shall not be invested in the following:

Reverse repurchase agreements.

Futures and options contracts.

Assets of the City of Primghar shall not be invested pursuant to the following investment practices:

Trading of securities for speculation or the realization of short-term trading profits.

Pursuant to a contract providing for the compensation of an agent or fiduciary based upon investment performance of the invested assets.

If a fiduciary or other third party with custody of public investment transaction records of the City of Primghar fails to produce records requested by the City of Primghar within a reasonable time, the City of Primghar shall make no new investment with or through the fiduciary or third party and shall not renew maturing investments with or through the fiduciary or third party.

SECTION 7-INVESTMENT MATURITY LIMITATIONS

Operating funds must be identified and distinguished from all other funds available for investment. Operating funds are defined as those funds which are reasonably expected to be expended during a current budget year or within fifteen months of receipt.

All investments authorized in Section 5 are further subject to the following investment maturity limitations.

Operating funds may only be invested in instruments authorized in Section 5 of this Investment Policy that mature within three hundred ninety-seven (397) days.

The City Clerk/Treasurer may invest funds of the City of Primghar that are not identified as operating funds in investments having maturities longer than three hundred ninety-seven (397) days. However, all investments of the City of Primghar shall have maturities that are consistent with the needs and use of the City of Primghar.

SECTION 8-DIVERSIFICATION

Where possible, it is the policy of the City of Primghar to diversify its investment portfolio. Assets shall be diversified to eliminate the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer, or a specific class of securities. In establishing specific diversification strategies, the following general policies and constraints shall apply:

Portfolio maturities shall be staggered in a way that avoids undue concentration of assets in a specific maturity sector. Maturities shall be selected which provide stability of income and reasonable liquidity.

Liquidity practices to ensure that the next disbursement date and payroll date are covered through maturing investments, marketable U.S. Treasury bills or cash on hand shall be used at all times.

Risks of market price volatility shall be controlled through maturity diversification so that aggregate price losses on instruments with maturities approaching one year shall not be greater than coupon interest and investment income received from the balance of the portfolio.

SECTION 9-SAFEKEEPING AND CUSTODY

All invested assets of the City of Primghar involving the use of a public funds custodial agreement, as defined in Section 12B.10C, shall comply with rules adopted pursuant to Iowa Code Section 12B.10C. All custodial agreements shall be in writing and shall contain a provision that all investments shall be made in accordance with the laws of the State of Iowa.

All invested assets of the City of Primghar eligible for physical delivery shall be secured by having them held at a third party custodian. All purchased investments shall be held pursuant to a written third party custodial agreement requiring delivery versus payment and compliance with all rules set out elsewhere in Section 9.

SECTION 10-ETHICS AND CONFLICT OF INTEREST

The City Clerk/Treasurer and all officers and employees of the City of Primghar involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.

SECTION 11-REPORTING

The City Clerk/Treasurer shall submit monthly an investment report. The investment report shall set out the current portfolio in terms of maturity, rates of return and other features and summarize all investment transactions that have occurred during the reporting period and compare the investment results with the budgetary expectations.

SECTION 12-INVESTMENT POLICY REVIEW AND AMENDMENT

This investment policy shall be reviewed every two years or more frequently as appropriate. Notice of amendments to the investment policy shall be promptly given to all parties noted in Section 1.

CHAPTER 6: FISCAL MANAGEMENT

ARTICLE 21 - ACCOUNTING

21.01 BOOKS OF ORIGINAL ENTRY. There shall be established and maintained books of original entry to provide a chronological record of cash received and disbursed.

21.02 GENERAL LEDGER. There shall be established and maintained a general ledger controlling all cash transactions, budgetary accounts, and for recording unappropriated surpluses.

21.03 CHECKS. Checks shall be prenumbered and signed by the clerk following council approval, except as provided by Section 21.05 hereof.

21.04 BUDGET ACCOUNTS. There shall be established such individual accounts to record receipts by source and expenditures by program, subprogram and activity as will provide adequate information and control for budgeting purposes as planned and approved by the council. Each individual account shall be maintained within its proper fund and so kept that receipts can be immediately and directly compared with revenue estimates, and expenditures can be related to the authorizing appropriation. No expenditure shall be posted except to the appropriation for the function and purpose for which the expense was incurred.

(Code of Iowa, Sec. 384.20)

21.05 IMMEDIATE PAYMENT AUTHORIZED. The council may by resolution authorize the clerk to issue checks for immediate payment of amounts due which if not paid promptly would result in loss of discount, penalty for late payment or additional interest cost. Any such payments made shall be reported to the council for review and approval with and in the same manner as other claims at the next meeting following such payment. The resolution authorizing immediate payment shall specify the type of payment so authorized and may include, but is not limited to, payment of utility bills, contractual obligations, payroll, and bond principal and interest.

UTILITIES. The clerk shall perform and be responsible for accounting functions of the municipally-owned utilities.

21.07 FEES AND CHARGES. By resolution of the city council, any and all fees and charges referenced in this section may be adjusted from time to time. These fees are listed in Appendix A of the Primghar City Code

A. Municipal codes

B. Photocopy of public records

C. Zoning maps

D. Subdivision plat sheet

E. Service charge for checks returned per nonsufficient funds, per check

F. Record search by public employee (per hour and pro rated)

CHAPTER 5: FISCAL MANAGEMENT

ARTICLE 22 - FINANCIAL REPORTS

22.01 MONTHLY REPORTS. There shall be submitted to the council at the first meeting of each month a report showing the activity and status of each fund, program, subprogram, and activity for the preceding month.

22.02 ANNUAL REPORT. Not later than the second week in September of each year, there shall be published an annual report containing a summary for the preceding fiscal year of all collections and receipts, all accounts due the city, and all expenditures, the current public debt of the city, and the legal debt limit of the city for the current fiscal year. A copy of the annual report must be furnished to the Auditor of the State.

(Code of Iowa, Sec. 384.22)

CHAPTER 6: FISCAL MANAGEMENT

ARTICLE 23 - PURCHASING

23.01 DEFINITIONS:

1. "Public improvement" means any building or construction work, either within or outside the corporate limits of a city, to be paid for in whole or in part by the use of funds of the city, regardless of sources, including a building or improvement constructed or operated jointly with any other public or private agency, but excluding urban renewal demolition and low-rent housing projects, industrial aid projects authorized under Iowa Code, Chapter 419, emergency work or work performed by employees of a city or a city utility.

2. "Governing body" means the council of a city, a utility board of trustees or an administrative agency which is charged with the management and control of a building or improvement project.

23.02 BIDDING/PUBLIC IMPROVEMENTS. When the estimated total cost to a city of a public improvement exceeds the sum of twenty-five thousand dollars ($25,000), the governing body shall advertise for sealed bids for the proposed improvement by publishing a notice to bidders as provided in section 362.3, except that the notice to bidders may be published more than twenty days but not more than forty-five days before the date for filing bids.

(Code of Iowa, Sec. 384.96)

23.03 GENERAL PURCHASING. The purchase of any supplies, material, or equipment, the cost of which is estimated to exceed ten thousand dollars ($10,000), the governing body shall advertise for sealed bids for the proposed supplies, materials, or equipment by publishing a notice to bidders as provided in section 362.3, except that the notice to bidders may be published more than twenty days but not more than forty-five days before the date for filing bids.

23.04 SMALL PURCHASE PROCEDURES are relatively simple and informal procurement methods that are sound and appropriate for the procurement of services, supplies, or other property, costing in aggregate not more than $10,000 and not less than $1,000. If small purchase procedures are used for a procurement, a price or rate quotations shall be obtained from an adequate number of qualified sources.

CHAPTER 7: CITY RECORDS

ARTICLE 24 - CUSTODY OF THE CITY'S PUBLIC RECORDS

24.01 RECORDS - CUSTODY AND CONFIDENTIALITY RULINGS. In compliance with Chapter 22, Code of Iowa, the officers and employees bearing the titles named herein shall be the custodians custody of the particular records or class of records assigned to the positions named in sections 24.03 this ordinance and are directed to familiarize themselves with the requirements of the law in Chapter 22, as amended. Whenever there is a doubt concerning whether a record is an open or confidential public record the custodian thereof shall withhold the record and immediately ask for an opinion of the city attorney interpreting the law.

24.02 CLERK'S DUTY - INFORMATION. The city clerk shall obtain and place in the hands of each named custodian a copy of the public records, law and any interpretations available to the city. The clerk shall also keep himself informed of any amendments or new interpretations and distribute such agenda to the named custodians promptly upon receipt thereof.

24.03 CUSTODIANS NAMED FOR SPECIFIED RECORDS.

1. POSITIONS NAMED. The following city positions named shall be custodians of the specific records and related items assigned to each position:

a. City Clerk.* Council minutes and proceedings and related papers, ordinance and resolution records, reports filed, surety bonds, deeds, abstracts for city-owned property, petitions, correspondence, special assessment schedules, bond register, all budget papers, accounts, receipts, invoices, purchase orders, warrants/ checks, utility accounting records not in hands of superintendents, personnel records not in hands of a personnel officer. Plans, profiles, other engineering drawings, field notes. Treasurer's accounts, warrant records, investment records, depository agreements. Water operating records, volume pumped, water quality tests, etc., customer billings if responsible for billing. Waste operating records, volume pumped, water quality tests, etc., customer billings. Sanitation billings, activity, cost records. Electric Utility maps, plans, operating records, tariffs, correspondence, customer billings. Gas Utility maps, plans, operating records, tariffs, customer billings, correspondence.

** Personnel records including applications, medical exams.

b. City Attorney (solicitor).* Legal opinions, records of legal cases, investigations.

c. Fire Chief. Inspection reports, incident records, correspondence, etc.

d. Building Inspector. Plans, applications and permits pertaining to the office.

e. Cemetery (sexton) (superintendent). Cemetery plats, records of burials, copies, deeds to cemetery lots.

f. Librarian. Library circulation and accession lists or records.

g. Zoning Administrator. Zoning correspondence, maps, plats, petitions, minutes of board of adjustment.

h. Planning Officer. Planning and Zoning Commission minutes, correspondence, logs, plats, studies.

2. CITY CLERK CUSTODIAN. The city clerk shall be custodian of any papers, records or documents that are named for a position where the position is vacant and of all records for which no other custodian is designated.

*May withhold papers dealing with anticipated purchases of real property.

**Must withhold "personal" data of officers and employees unless officer or employee permits release. Name, address, salary, social security number and years worked are not "personal".