New City Ordinances

ORDINANCE NO. 364
AN ORDINANCE AMENDING INTERNATIONAL PROPERTY MAINTENACE CODE, 2021 EDITION, IN THE CITY OF MARCUS, IOWA
 
BE IT ENACTED by the City Council of the City of Marcus, Iowa:

SECTION 1. SUBSECTION MODIFIED. Section 147.01 to the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof;
147.01
PROPERTY MAINTENANCE CODE ADOPTED. That a certain document, three copies of which are on file in the office of the Clerk, being marked and designated as the International Property Maintenance Code, 2021 Edition, as published by the International Code Council, be and is hereby adopted for regulating and governing the conditions and maintenance of all property building and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions, and terms of said International Property Maintenance Code, 2021 Edition on file in the office of the Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions, and changes, if any, prescribed in Sections 147.02 and 147.03.
SECTION 2. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION 3. WHEN EFFECTIVE.  This ordinance shall be in effect from and after its final passage, approval, and publication by law.
Passed and approved this 11th day of November 2024.
 Pat Bunt, Mayor
ATTEST: Robin A. Harvey
City Clerk

First Reading: 11-11-24
Second Reading waived: 11-11-24
Third Reading waived: 11-11-24
I certify that the foregoing was published as Ordinance No. 364 on the 21st day of November 2024.
Robin Harvey, City Clerk
Published in the Marcus News on November 21, 2024

ORDINANCE NO. 365
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MARCUS, IOWA, BY AMENDING PROVISIONS PERTAINING TO PUBLICATION OF MINUTES

Be It Enacted by the City Council of the City of Marcus, Iowa:

SECTION 1. SECTION MODIFIED. Section 18.03 of the Code of Ordinances of the City of Marcus, Iowa, is repealed and the following adopted in lieu thereof:
18.03
PUBLICATION OF MINUTES. Within 15 days following a regular or special meeting of the Council, the Clerk shall cause the minutes of the proceedings of the Council, including the total expenditure from each City fund, to be delivered to a newspaper of general circulation in the City for publication. The publication shall include a list of all claims allowed and a summary of all receipts and shall show the gross amount of the claims.
(Code of Iowa, Sec. 372.13(6))
SECTION 2. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.
Passed by the Council on the 11th day of November ,2024 and approved this 11th day of November, 2024.
Mayor Pat Bunt
ATTEST: Robin Harvey, City Clerk
First Reading: 11/11/24
Second Reading: 11/11/24
Third Reading: 11/11/24

I certify that the foregoing was published as Ordinance No. 365 on the 11th day of November, 2024.
Robin Harvye City Clerk
Published in the Marcus News on November 21, 2024

ORDINANCE NO. 366
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MARCUS, IOWA, BY AMENDING PROVISIONS PERTAINING TO BOND REQUIREMENTS

Be It Enacted by the City Council of the City of Marcus, Iowa:

SECTION 1. SECTION MODIFIED. Section 5.02 of the Code of Ordinances of the City of Marcus, Iowa, is repealed and the following adopted in lieu thereof:
5.02 BONDS. Surety bonds are provided in accordance with the following:
1. Required. The Council shall provide by resolution for a surety bond or blanket position bond running to the City and covering the Mayor, Clerk, Treasurer, and such other officers and employees as may be necessary and advisable except as allowed in Subsection 5.
(Code of Iowa, Sec. 64.13)
2. Bonds Approved. Bonds shall be approved by the Council.
(Code of Iowa, Sec. 64.19)
3. Bonds Filed. All bonds, after approval and proper record, shall be filed with the Clerk.
(Code of Iowa, Sec. 64.23(6))
4. Record. The Clerk shall keep a book, to be known as the “Record of Official Bonds” in which shall be recorded the official bonds of all City officers, elective or appointive.
(Code of Iowa, Sec. 64.24(1)(a))
5. Insurance Policy in Lieu of Bond. In lieu of a bond, a public officer required to obtain a bond pursuant to Chapter 64 of the Code of Iowa may obtain an insurance policy in an amount not less than the amounts required of a bond.
(Code of Iowa, Sec. 64.3)
SECTION 2. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.
Passed by the Council on the 11th day of November ,2024 and approved this 11th day of November, 2024.
Mayor Pat Bunt
ATTEST: Robin Harvey, City Clerk
First Reading: 11/11/24
Second Reading: 11/11/24
Third Reading: 11/11/24

I certify that the foregoing was published as Ordinance No. 366 on the 11th day of November, 2024.
Robin Harvey City Clerk
Published in the Marcus News on November 21, 2024

ORDINANCE NO. 367
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MARCUS, IOWA, BY AMENDING PROVISIONS PERTAINING TO ELECTRONIC MEETINGS

Be It Enacted by the City Council of the City of Marcus, Iowa:

SECTION 1. SECTION MODIFIED. Section 5.06 of the Code of Ordinances of the City of Marcus, Iowa, is repealed and the following adopted in lieu thereof:
5.06 MEETINGS. All meetings of the Council, any board or commission, or any multi-membered body formally and directly created by any of the foregoing bodies shall be held in accordance with the following:

Definitions. The following terms are defined for use in this section.
A. “Closed session” means a meeting to which all members of the public do not have access as allowed by Section 21.5 of the Code of Iowa.
B. “Hybrid meeting” means a meeting involving both remote participation and in-person participation by members.
(Code of Iowa, Sec. 21.8(4)(a))
C. “Open session” means a meeting to which all members of the public have access.
(Code of Iowa, Sec. 21.2(3)
D. “Remote participation” means real-time participation by a remotely located individual in a meeting which is being held in a different physical location using integrated audio, video, and other digital tools.
(Code of Iowa, Sec. 21.8(4)(b))
E. “Reasonable notice” means advising the news media who have filed a request for notice with the governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if not such office exists, at the building in which the meeting is to be held.
(Code of Iowa, Sec. 21.4(1))
F. “Teleconference participation” means participation using audio conference tools involving multiple participants in at least two separate locations.
(Code of Iowa, Sec. 21.8(4)(c))
G. “Virtual meeting” means a meeting involving real-time interaction using integrated audio, video, and other digital tools, in which participants do not share a physical location.
(Code of Iowa, Sec. 21.8(4)(d))
Notice of Meetings. Reasonable notice of the time, date, and place of each meeting and its tentative agenda shall be given.
(Code of Iowa, Sec. 21.4)
Meetings Open. All meetings shall be held in open session unless closed sessions are held as expressly permitted by State law.
(Code of Iowa, Sec. 21.3)
Minutes. Minutes shall be kept of all meetings showing the date, time, and place, the members present, and the action taken at each meeting. 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 the open session. The minutes shall be public records open to public inspection.
(Code of Iowa, Sec. 21.3)
Closed Session. A closed session may be held only by affirmative vote of either two-thirds of the body or all of the members present at the meeting and in accordance with Chapter 21 of the Code of Iowa.
(Code of Iowa, Sec. 21.5)
Cameras and Recorders. The public may use cameras or recording devices at any open session.
(Code of Iowa, Sec. 21.7)
Electronic Meetings. A governmental body shall provide for hybrid meetings, teleconference participation, virtual meetings, remote participation, and other hybrid options for the members of the governmental body to participate in official meetings. A governmental body conducting a meeting pursuant to this subsection shall comply with all of the provisions of Chapter 21 of the Code of Iowa.
(Code of Iowa, Sec. 21.8)
SECTION 2. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.

Passed by the Council on the 11th day of November ,2024 and approved this 11th day of November, 2024.
Mayor Pat Bunt
ATTEST:
Robin Harvey, City Clerk
First Reading: 11/11/24
Second Reading: 11/11/24
Third Reading: 11/11/24
I certify that the foregoing was published as Ordinance No. 367 on the 11th day of November, 2024.
Robin Harvey City Clerk
Published in the Marcus News on November 21, 2024

ORDINANCE NO. 368
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MARCUS, IOWA, BY AMENDING PROVISIONS PERTAINING TO FISCAL MANAGEMENT

Be It Enacted by the City Council of the City of Marcus, Iowa:

SECTION 1. SECTION MODIFIED. Section 7.05 of the Code of Ordinances of the City of Marcus, Iowa, is repealed and the following adopted in lieu thereof:
7.05
OPERATING BUDGET PREPARATION. The annual operating budget of the City shall be prepared in accordance with the following:
1. Proposal Prepared. The finance officer is responsible for preparation of the annual budget detail, for review by the Mayor and Council and adoption by the Council in accordance with directives of the Mayor and Council.
2. Boards and Commissions. 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 finance officer for inclusion in the proposed City budget at such time and in such form as required by the Council.

Submission to Council. The finance officer shall submit the completed budget proposal to the Council each year at such time as directed by the Council.
Annual Statement.
(Code of Iowa, Sec. 24.2A(2))
A. On or before 4:00 p.m. on March 5 of each year, the City shall file, with the Department of Management, a report containing all necessary information for the Department of Management to compile and calculate amounts required to be included in the statement mailed under Paragraph B.
B. Not later than March 15, the County Auditor, using information compiled and calculated by the Department of Management shall send to each property owner or taxpayer within the County, by regular mail, an individual statement containing all of the required information as provided under Section 24.2(2)(B)(1-10) of the Code of Iowa.
C. The Department of Management shall prescribe the form for the report required under Paragraph A, the statements to be mailed under Paragraph B, and the public hearing notice required under Paragraph D.
D. The Council shall set a time and place for a public hearing on the City’s proposed property tax amount for the budget year and the City’s information included in the statements under Paragraph B. The proposed property tax hearing shall be set on a date on or after March 20 of the budget year immediately preceding the budget year for which the tax is being proposed. At the hearing, the Council shall receive oral or written testimony from any resident or property owner of the City. This public hearing shall be separate from any other meeting of the Council, including any other meeting or public hearing relating to the City’s budget, and other business of the City that is not related to the proposed property tax amounts and the information in the statements shall not be conducted at the public hearing. After all testimony has been received and considered, the governing body may decrease, but not increase, the proposed property tax amount to be included in the City’s budget.
(1) Notice of the public hearing shall be published not less than 10 nor more than 20 days prior to the hearing, in a newspaper published at least once weekly and having general circulation in the City. However, if the City has a population of 200 or less, publication may be made by posting in three public places in the City.
(2) Notice of the hearing shall also be posted and clearly identified on the City’s internet site for public viewing beginning on the date of the newspaper publication and shall be maintained on the City’s internet site with all such prior year notices.
(3) Additionally, if the City maintains a social media account on one or more social media applications, the public hearing notice or an electronic link to the public hearing notice shall be posted on each such account on a date no later than the date of publication of the notice.
(4) Failure of a newspaper to publish a required notice under this paragraph shall not be considered a failure of a political subdivision to provide required notice under this paragraph if all of the following conditions are met:
a. Notice of the public hearing was provided to each property owner and each taxpayer within the political subdivision in statements required under Subsection 2, Paragraph B.
b. The political subdivision can demonstrate to the county auditor that the political subdivision provided sufficient time for the newspaper to publish the notice.
Council Review. The Council shall review the proposed budget and may make any adjustments it deems appropriate in the budget before accepting such proposal for publication, hearing, and final adoption.
Notice of Hearing. Following, and not until the requirements, of Subsection 4 of this section, are completed, the Council shall set a time and place for public hearing on the budget to be held before April 30 and shall publish notice of the hearing not less than 10 nor more than 20 days before the hearing. A summary of the proposed budget and a description of the procedure for protesting the City budget under Section 384.19 of the Code of Iowa, in the form prescribed by the Director of the Department of Management, shall be included in the notice. Proof of publication of the notice under this subsection must be filed with the County Auditor.
(Code of Iowa, Sec. 384.16[3])
Copies of Budget on File. Not less than 20 days before the date that the budget must be certified to the County Auditor and not less than 10 days before the public hearing, the Clerk shall make available a sufficient number of copies of the detailed budget to meet the requests of 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])
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 submitted at the final hearing, unless an additional tax levy is approved at a City election. 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]) SECTION 2. SECTION MODIFIED. Section 7.08 of the Code of Ordinances of the City of Marcus, Iowa, is repealed and the following adopted in lieu thereof: 7.08 FINANCIAL REPORTS. The finance officer shall prepare and file the following financial reports:
1. Monthly Reports. There shall be submitted to the Council each month a report showing the activity and status of each fund, program, sub-program, and activity for the preceding month.
2. Annual Report. Not later than December 1 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. The Annual Financial Report shall be prepared on forms and pursuant to instructions prescribed by the Auditor of State. Beginning with the Annual Financial Report published by December 1, 2025, each report shall include a list of bonds, notes, or other obligations issued by the City during the most recently completed fiscal year, and the applicable lists for other fiscal years beginning on or after July 1, 2024, for which obligations remain unpaid, payable from any source, including the amount of the issuance, the project or purpose of the issuance, whether the issuance was approved at election, eligible to be subject to a petition for an election, or was exempt from approval at election as the result of statutory exclusions based on population of the City or amount of the issuance, and identification of issuances from the fiscal year or prior fiscal years related to the same project or purpose.
  (Code of Iowa, Sec. 384.22)
  SECTION 3. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
  SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.

I certify that the foregoing was published as Ordinance No. 368 on the 11th day of November, 2024.
Robin Harvey City Clerk
Published in the Marcus News on November 21, 2024

The Marcus News

New City Ordinances – Marcus