CHAPTER IV

CITIES AND INCORPORATED TOWNS

Municipalities. We have seen that the civil township has but few powers, and that its activities are simple. This is because the needs of a rural community are few. However, when a large number of people have settled on a small area, as in Des Moines and Davenport, or in New York, Chicago and Boston, they need many things that a rural community never requires. Chief among these needs are an abundant supply of pure water, a sewage system, a system of street lighting, fire protection, regulation of traffic on the main-traveled streets, health regulations not necessary in the country, public parks, playgrounds and police protection.

Moreover, the problem of caring for a large number of people residing in cities is much more difficult than that of caring for a rural community; it is therefore necessary that cities and large towns have a government possessing greater power than that of the township. In order to supply this need the General Assembly of Iowa has enacted laws under which these large communities may organize and adopt a government suited to their needs. Such organized communities are generally known municipalities.

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Incorporation of Municipalities. Whenever a community not already within the limits of a municipality desires to adopt a city form of government it must become incorporated, which is done in the following manner:

The community desiring to be incorporated must present a petition to the district court signed by not less than 25 voters residing within the limits of the community. The judge of this court then appoints five commissioners who arrange for and give notice of an election which they conduct within the limits of the proposed city or town. If a majority of the qualified voters favor incorporation the court directs the same commissioners to hold another election for choosing a council, a mayor, a clerk and a treasurer. Classification of Cities. In Iowa there are three classes of municipalities.

Cities of the first class contain at least 15,000 inhabitants, and those of the second class, from 2,000 to 15,000 inhabitants. Municipal governments of less than 2,000 inhabitants are called incorporated towns.

Each city or town contains as much territory as the inhabitants think necessary, and additions are frequently made to the original plats. This territory is separated into blocks which are divided into lots for convenience of ownership. For governmental purposes, cities are divided into wards, and each ward chooses its own members of the city council.

Officers. Officers in municipalities secure their office in one of three ways: (1) by general election of the people; (2) appointment by the mayor; (3) appointment by the council or by the Board of Public Welfare. In incorporated towns a mayor, a treasurer, an assessor and five councilmen at large are chosen by the first method. A marshal and street commission are appointed by the mayor, and a clerk is appointed by the council.

In cities of the second class a mayor, a treasurer, an assessor, one councilman from each ward and two elected at large are chosen at a general election. A health physician, a marshal, a street commissioner and, if directed to do

so by the council, policemen and other officers, are appointed by the mayor. A clerk in all cities of the second class and a solicitor in those of 4,000 or less population are appointed by the council.

In cities of the first class a mayor, solicitor, auditor, treasurer, city engineer, assessor, police judge, if there is no police court, and one councilman from each ward and two elected at large are chosen by the first method. The mayor appoints a health physician, a street commissioner, policemen and a marshal who acts as chief of police. In cities of 20,000 or more people, having a board of police and fire commission, policemen are appointed as provided in the act creating the board, and in cities having a board of public works, such board appoints the street commissioner and may appoint, or direct the mayor to appoint, such other officers as may be necessary.

Elections and Term of Office. Elections in towns and in cities of both the first and second class are held on the last Monday in March in the odd-numbered years, and all city officers except the assessor begin the discharge of their duties on the first Monday in April. The term of assessor begins on the first day of January following his election. The term of office of elective officers is two years. Officers appointed by the council at the April meeting following the biennial election, serve for two years, and officers appointed by the mayor are responsible to him and serve during his pleasure.

Mayor. The mayor is the presiding officer of the council ex-officio, but he is not a member of that body. He presides at the meetings of the council, holds court for the trial of offenders against the ordinances of the city, and sees that all orders of the council are properly enforced. He has the same general powers as a justice of the peace.

Council. The city council has power to adopt ordinances

for the government of the city. The general law of the state confers on city councils the right to legislate in a prescribed manner, and all such acts, properly adopted, have the same force and effect as laws passed by the General Assembly. The ordinances passed by any city council apply only to that city. The city council acts as a board of review of the assessment of property, in the same manner as does the board of trustees in the civil township.

To the city council belongs the power to appoint members of the police force and night watch. It may also provide for a fire department and make regulations for governing the same. The council also acts as the board of health.

Marshal. The duties of the marshal correspond to those of constable. He attends the courts of the mayor and police judge, and is, in fact, next to the mayor, the chief executive officer of the city. Many important duties devolve upon this officer in preserving the peace and maintaining order. He may appoint deputies to aid him in the discharge of his duties, but he is responsible for their acts.

Treasurer. The treasurer receives all money belonging to the city, and pays it out as ordered by the city council, by whom his bond is fixed.

Auditor. The auditor has charge of the financial affairs of the city, and issues all warrants upon the treasury when ordered to do so by the council. His duties are numerous and important.

Attorney. The city solicitor, or attorney, is a lawyer, elected to represent the city in all matters of a legal nature. He is required to furnish an opinion on any matter of law relating to the government of the city, when requested to do so by any officer. His relations to the officers of the city are the same as those of the attorney-general to state officers, or of the county attorney to officers of the county.

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Police Court. The police judge has jurisdiction of all offenses against any ordinance of the city in which he serves. In criminal matters, his powers are coordinate with those of justice of the peace, and he is entitled to the same fees as that officer. He may also take acknowledgments of signatures to deeds, mortgages and other papers. His court, which is open at all times for the transaction of business, is a court of record. The clerk of this court is chosen by the qualified electors of the city or appointed by the police judge, as the council may direct. In case of vacancy in the office of police judge, the duties of that officer devolve upon the mayor. For the prosecution of any person for violating an ordinance of the city, the police judge, or mayor, is entitled to such compensation as the city council may allow.

Superintendent of the Market. The superintendent of the market acts as overseer of all places provided by the city for the sale of fresh meats, vegetables, and other articles of a perishable nature usually offered for sale in a public market.

Civil Engineer. The civil engineer performs such duties belonging to his profession as may be required by the city council.

Compensation. The compensation of city officers is fixed by ordinances of the city council, or by fees as prescribed by law. Each member of the council receives as full compensation for his services an amount fixed by the council not to exceed $250 a year.

Commission Form. Cities having more than 2,000 inhabitants may now be governed by a commission of either three or five members, the number of members depending upon the population. As this plan of government for cities is a very important one, it should be studied in detail by reference to the code of Iowa and the session laws of