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HomeMy WebLinkAboutA002 - Timeline of Petition Calling for Election PETITION CALLING FOR ELECTION OF WHETHER OR NOT THE CITY ELECTRIC UTILITY SHOULD BE SOLD 1 . Petition filed August 11, 1980, with 1, 011 signatures calling for an election on the question of whether or not the City should discontinue the operation of the City Electric Utility. 2 . Chamber of Commerce has special committee examine the entire question of the utility operation and its possible sale. 3 . Proposed piece of legislation drafted by the City Attorney, John Klaus, regarding an amendment to Section 388 .2, Code of Iowa, 1979, setting out procedures and guidelines for the method in which a public utility is to be disposed of. 4. Senate File 279 drafted by the Legislative Research Bureau at the request of Senator John Murray regarding proposed legislation setting out procedures and guidelines for the method in which a public utility is to be disposed of, also amending Section 388 of the Code of Iowa, 1979. The Senate File was introduced to the State Legislature in the first session of 1981 and was in subcommittee for review. 5l February 24, 1981 Council discusses the two proposed bills . 6. March 10, 1981, the City Attorney presents to Council Legal Opinion No. 54 as follows : Question: Does the elector ' s petition of August 11, 1980, make it mandatory that the City Council submit the proposition therein stated at the next regular city election? Answer: No, because it is not sufficiently complete and definite to constitute a proposal within the meaning and intent of Section 388 .2, Code of Iowa, 1979. 7 . Senate File 279 is not in conflict with the City Attorney' s Legal Opinion since the Senate File sets out procedures that are to be followed for the sale of a municipal utility. 8 . March 10, 1981 Council agrees that the channels of communication between the City and parties that have an interest in the City' s electric utility are to be kept open but that the City would not solicit proposals . 9. "Demand to Perform Duty" filed by Thomas Hinders June 15, 1981. Statement demanding that the Council perform their statutory duty and take some affirmative action to assure Hinders that the proposal in the August 11 petition pertaining to the sale of the Electric Utility be submitted to the voters at the next regular City election to be held November 3, 1981. Copies to City Manager and City Attorney June 15. Council received copies June 16. 6 0 10. Chamber of Commerce Electric Utility Study Committee presents their report on the Ames Municipal Electric System to the Council September 15, 1981 (see November 3, 1981 election file for the report) . The report recommended: 1) that the Ames Municipal Electric Utility not be sold at the present time since it would not be economical; 2) that a 5 member Board of Trustees be established, if approved by the voters November 3, 1981, to manage the electric utility. 11. Court adjudication of the law points handed down October 7, 1981 which stated that the proposal contained in the petition to the City Council is a valid proposal as contemplated under Section 388.2 of the Code of Iowa and does not violate the principles of duality and specificity - that Section 388. 2 of the Code requires that the City Council submit the proposal to the voters at the next regular City election. 12 . However, the confusion was present since the last day to file special propositions with the County Commissioner of Elections for the November 3, 1981 election had passed (Sept . 25) . It was not known as of October 9 whether or not it could be on the November 3, 1981 ballot . If not it would have to wait until the November 1983 election which would be the next regular City election. 13 . In order not to make a motion to request that the matter be placed on the November 3, 1981 ballot if that in fact was not the intention of the Judge, Council adopted a motion to table the matter to the earliest possible time period to reconsider the issue based upon the Judge ' s final order . It was thought that the final order might specify exactly which election the Judge intended the question to be on. c) e-r A Ctb 1 14. October 26, 1981 - Judge issues final order which states that the matter is to be placed on the November 1983 ballot. 15 . Council votes to appeal the decision to the Iowa Supreme Court - November 10, 1981.