HomeMy WebLinkAboutA013 - Petition for Writ of Mandamus, Case No. 30323 IN THE IOWA DISTRICT COURT FOR STORY COUNTY
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THOMAS H . HINDERS , )
Plaintiff, ) EQUITY NO. 3
VS . )
CITY OF AYES, IOWA, )
PAUL F. GOODLAND, Mayor,
LARRY R. CURTIS , CHARLES )
L. HAMMER, MARY ATHERLY,
JOHN PARKS , JOHN THURSTON, ) PETITION FOR WRIT OF MANDMIUS
GEORGENE SHANK, City Council ,
Defendants .
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Plaintiff, for cause of action, states :
1 . That the Plaintiff is a resident of the City of Ames ,
Iowa, and a taxpayer thereof.
2 . That the City of Ames , Iowa, is a municipal corporation,
organized and existing under the laws of the State of Iowa; the
Defendant Paul F. Goodland, is the Mayor of the City of Ames ,
Iowa; and, the other Defendants comprise the City Council of the
City of Ames , Iowa.
3 . That the City of Ames , Iowa, owns and operates a City
Electric Utility with an electrical generating plant , transmis-
sion lines and numerous other assets belonging to and used by
said City Electric Utility.
4. That pursuant to the provisions of Section 388. 2 , Code
of Iowa , 1979 , on or about the llth day of August , 1980 , there
was filed with the City Clerk and the City Council of the City
of Ames , Iowa, a Petition, one (1) copy of which is attached
hereto , marked "Exhibit A" , and made a part hereof , requesting
that the following proposal be submitted to the voters (of the
City of Ames , Iowa) at the next regular City election :
"That the City of Ames , Iowa, discontinue the opera-
tion of the City Electric Utility and that the City
Electric generating plant , all transmission lines ,
and all other assets of the Electric Utility , be sold
and di.sposed of, all as provided under Section 388. 2 ,
Code of Iowa. "
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5 . That the above--said Petition, as filed with the City
Clergy; and the City Council of the City of Ames , Iowa, contained
approximately 1, 011 signatures of eligible electors of the City
of Ames , Iowa, and which number of signatures was in excess of
ten percent (10%) of the persons who voted at the last preceed-
ing regular City election of the City of Ames , Iowa, all in
compliance with Section 362 . 4, Code of Iowa.
6. That since the filing of said Petition as aforesaid,
none of the said Defendants have taken any affirmative action
toward submitting the proposal or any proposal to the voters of
the City of Ames , Iowa, at the next regular City election which
occurs in November 1931. This Plaintiff is informed, believes
and so alleges that the Defendants have no intention of submit-
ting any proposal concerning the Ames Electric Utility to the
voters at the next regular City election.
7 . Under the laws of the State of Iowa, it becomes the
duty of the Defendants that a proposal be submitted to the said
voters of the City of Ames , Iowa, at the next regular City elec-
tion.
8. That this Plaintiff is personally interested in the
City Electric Utility , the proposal to sell the Utility and a
vote upon such proposal ; that Plaintiff may sustain damage by
the nonperformance of such duty required of the City Council
of the City of Ames , Iowa, and that Plaintiff has demanded per-
formance of the City Council of the City of Ames , Iowa, and the
same has been refused or neglected.
9 . Plaintiff alleges that he has no plain, speedy or
adequate remedy at law.
WHEREFORE , Plaintiff prays that a Writ of Mandamus issue
commanding the Defendants to undertake the necessary proceedings
to submit a proposal for the sale and disposal of the City Elec-
tric Utility and its other assets to the voters of the City of
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Ames , Iowa, at the next regular City election, and to do any and
all necessary things to accomplish an election on such proposal
and for the costs of this action.
REX B. GILCHRIST
432 Fifth Street
Ames , Iowa 50010
515/233-3513
ATTORNEY FOR PLAINTIFF