HomeMy WebLinkAboutA006 - legal opinion on publishing ordinance `City of Ames
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M E M O R A N D U M
TO : Gina Bicknese, City Clerk
FROM: John R. Klaus, City Attorne i \
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DATE : May 20, 1980
SUBJECT: Publication of Zoning Ordinance Now Pending
Before the City Council
After some vacillation on the subject , I have decided that
there is simply no point in risking any legal quibb
on something as important as the city' s zoning ordinance.
Although it may be that this can be regarded as a "new
ordinance" that can be promulgated with the promulgation
of the new revised code of ordinances without other publi-
cation, there is also some authority for the proposition
that the zoning ordinance must be treated differently under
the general provisions of section 380. 8. To avoid this
sort of controversy from ever sidetracking a determination
of the merits of any zoning case that we might ever become
involved in, I feel that it is in the best interests of the
city of Ames to publish the zoning ordinance now pending
after it is enacted. As I understand it , this will involve
costs of roughly $1200. 00 and probably take up 3 to 4 full
pages of the Ames Tribune, even after photographically re-
ducing the type to the greatest extent practical. This may
seem excessive to some, nevertheless , should the legal ques-
tion ever come up in a case involving a serious zoning issue
we would probably regard the money spent on publication to
have been a good investment.
Therefore, after enactment of the zoning ordinance now pend-
ing please cause it to be published in the Ames Tribune some
time prior to June 27 , 1980.
FILED
CITY LLERK
r1TV Of A-MES,101VA
MAY 2 i t9�O