HomeMy WebLinkAboutA005 - Email from City Attorney dated August 4, 2021 Voss, Diane
From: Lambert, Mark
Sent: Wednesday, August 4, 2021 12:10 PM
To: Schainker, Steve; Phillips, Brian; Schildroth, Deb; Diekmann, Kelly;Abraham, Keith;
Pitcher, Duane; Voss, Diane
Subject: Bonds for the pool
Just so we're all on the same page, I just wanted to note these things. (I think we already all know this, but I'm just
putting it in writing). The Rube Goldberg nature of this Iowa Code statutory scheme is confusing to say the least. (For
those who are unaware, Rube Goldberg was a famous cartoonist of years gone by who drew images of complicated
machinery to accomplish simple tasks—much like the plastic machine you build in the kids' board game "Mouse Trap.")
1. The notice of public hearing must be published at least 10 days prior to the date of the public hearing. Iowa
Code section 384.26(5)(a)
2. The notice has to include a statement of the amount and purpose of the bonds, the time and place for the public
hearing, and the right to petition for an election. (I know that the City has issued such notices in the past, but
please run the notice by Legal before publishing to make sure that we include everything Iowa Law requires us
to include, thanks! )
3. We've already determined that 477 is the number of signatures required on a petition to force an election on
bond approval.
4. That's 477 "eligible electors." Iowa Code section 49.3 defines "eligible elector" for election law purposes as "a
person who possesses all of the qualifications necessary to entitle the person to be registered to vote, whether
or not the person is in fact so registered." So, an eligible elector in this case is someone who is 1) 18 years of
age 2) lives in the Ames city limits and 3) hasn't been deemed ineligible to vote (such as a convicted
felon). They need not be actually registered to vote.
5. The petition must be filed with the City Clerk no later than the day before the public hearing. Iowa Code section
384.26(5)(b)—"If at any time before the date fixed for taking action for the issuance of the bonds, a petition is
filed with the clerk of the city..." (Our practice has been to require the original petitions with actual signatures
be physically filed with the City Clerk. We've had one lawyer argue with us about that in the past, but that's how
it works for candidates for office filing their petitions to get on the ballot—they can't just e-mail in scanned
petitions).
If you have an questions, please let me know.
Mark
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Mark O. Lambert
City Attorney
515.239.5146 plain 1515.239.5142fin-
mark.lambert@citvofames.org I City Hall, 515 Clark Avenue Ames, IA 50010
www.CitvofAmes.org I —Caring People—Quality Programs^ Exceptional Service
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