HomeMy WebLinkAboutA001 - Legal Opinion dated November 28, 1989 �i"Ei CITY OF AMES , iowA 50010
ALL-AMERICA CITY
1982-1983
November 28, 1989 LCITY
9Honorable F. Paul Goodland, Mayor,And Members of the City Counci1 a
Of The City of Ames, Iowa
Re: Enactment/Veto, "Over/Under" Ordinance
Dear Mayor Goodland and Council Members:
The provisions of the Municipal Code under which underage persons are
allowed into bars continues only until January 1, 1990. An ordinance to
have the program continue until April 1 is now in the process of enactment,
having received one passage by the City Council at its meeting of November
21 . The expected dates for second and third passage are the 5th and 19th
of December. If the Mayor signs the ordinance and it is published in a
normal time, the so called "over/under" program will continue in effect
until April without any lapse.
However, depending on what the Mayor does or does not do, and how the City
Council reacts or does not react, a lapse in the program is possible; or,
it is possible that the ordinance could confront the newly elected Council
Members after the first of the year.
If the Mayor fails to sign the ordinance, the situation is controlled by
Subsection 380.6(3) which states:
"If the mayor takes no action on the measure, an ordinance
. becomes law when published, but not sooner than fourteen day:
after the date of passage, unless a subsequent effective date is
provided within the measure. "
Fourteen days after December 19 extends through January 2. The
"over/under" program would lapse for the two days of January 1 and 2, but
be back in effect on January 3 until April 1. However, the wording of
Subsection 380.6(3) is such that -it appears to allow the Council to adopt a
motion to add to the pendi r.g proposed ordinance a special effective date,
"subsequent" to December 1.9, but before January 1 , that would prevent the
two day lapse from occurring.
If the Mayor expressly vetoes the ordinance the situat.ion is governed by
Subsection 380.6(2) which states in relevant part:
11Within thirty days after, the mayor' s veto, the council may pass
the measure again by a vote of not less than two-thirds of the
council members (2/3 of 6 members is 4). If the mayor vetoes a
AMES — THE CENTER OF IT ALL
measure and the council repasses the measure after the mayor' s
veto, . . . an ordinance . . . becomes a law when published, unless a
subsequent effective date is provided within the measure. "
To repass a vetoed ordinance, it:
" . must be considered and voted on for passage at two council
meetings prior to the meeting at which it is to be finally passed,
unless this requirement is suspended by a recorded vote of not
less than three-fourths of the council members. " Sec. 380.3, The
Code.
A veto message delivered shortly after final passage of the ordinance on
December 19 would allow enough time for the current Council members in
favor of the ordinance to schedule special meetings before December 31 to
repass the ordinance and override the veto. However, the Mayor could
choose to do nothing until the morning of the 14th day (terms of office
begin and end at noon on January 2, Sec. 376.2, The Code). If the veto is
not delivered until then, it will be up to the newly elected Council
members to decide whether to override the veto. They will have thirty days
from the date of the veto in which to do that.
Yours truly,
c�
John R. Klaus
City Attorney
JRK:dls