HomeMy WebLinkAboutA004 - letter from Iowa Electric regarding special election Iowa Electric Light and Power Company
June 1 , 1984
John Klaus, Esq.
City Attorney
Ames , Iowa 50010
Dear Mr . Klaus :
You have asked the question whether the City of Ames may
hold a "special election" in order to submit a proposed franchise
ordinance to the voters, or whether such ordinance must be con-
sidered at the next regular city election . It is my opinion that
the City of Ames may hold a "special election" in order to submit
a franchise ordinance to the voters .
As you have pointed out, the problem stems from the lang-
uage contained in Iowa Code Section 364 . 2( 4) ( b) which reads in
pertinent part : "No such ordinance shall become effective unless
approved at an election . The proposal may be submitted by the
council on its own motion to the voters at any city election. . . . "
The problem is that the Code does not , in the same chapter ,
define the term "city election."
Such term is defined elsewhere in the Code. Generally,
Title IV, Elections and Officers , Code of Iowa (Chapters 39-79 )
sets out the applicable Iowa election laws. Within that title,
§39 . 3( 5) specifically defines "city election" as "any election
held in a city for nomination or election of the officers thereof
including a city primary or run-off election . " As can be seen
from this language, the particular definition of city election
does not address franchise elections . However , this is because
the definitions contained within Section 39. 3 are applicable only
to Iowa Code chapters 43 , 44 , 45 and 47 to 53 and 56 "unless the
context in which any such term is used clearly requires
otherwise ." Therefore , it is necessary to look to other Code
sections for city election authority.
This authority is found in Chapter 376. 1 which sets out
the types of elections which a city may hold , and the Code
Chapters to which they are applicable. "A city shall hold
regular , special , primary, or run-off city elections as provided
by State law. " That chapter goes on to state that the "County
Commissioner of Elections shall publish notice of any city
election and conduct the election pursuant to the provisions of
General 0d1re • P0. Roc 351 • Cedar Rapids, Iowa 52406 • 3191398-4411
John Klaus, Esq.
June 1 , 1984
Page Two
Chapters 39 to 53, except as otherwise specifically provided in
Chapters 362 to 392 . " As can be seen , the franchise ordinance
language contained in Chapter 364 falls within the exception of
Chapter 376 . 1 , which chapter specifically authorizes the city to
conduct, at its discretion, regular, special, primary or run-off
elections .
Therefore, under the authority cited above, the City of
Ames may hold a "special election" in order to submit a franchise
ordinance question to its voters.
I trust this dissertation answers the question which you
have posed . Should you have any further questions , please feel
free to contact me at your earliest convenience.
Very truly yours,
William C. Douglas
Attorney
WCD:eb
The City staff proposes these changes to the ordinance submitted by
the gas utility:
Remove from caption and Section One the reference to gas "manufac-
turing" plant.
Add to Section Four that excavations shall be done in accordance
with city permits and regulations.
Add to Section Six, hold harmless clause, to include damage caused
by the city to the gas company's distribution system.
Add to Section Five, a requirement for free service laterals from
the main to the lot line, unless prohibited by ICC regulations. (Such
line and more is currently required by ICC regulations. )