The URL can be used to link to this page

Home My WebLink AboutA001 - Legal Opinion dated January 7, 1994 � D AMES C I T Y O F AM E S P.O. BOX 811 AMES IOWA 50010 Commu ni ty-University-Opportu nity January 7, 1994 CITY CLERK The Honorable Larry R. Curtis, Mayor CITY OFAMES,1OWA And Members of the City Council Of The City of Ames, Iowa Re: Mayor and Council Salaries Dear Mayor Curtis and Council Members: It was brought to my attention today that at the budget wrap-up session on February 16, 1991, the City Council adopted a motion to increase the sala- ries of council members to $5,000 beginning January, 1992, and to increase the Mayor's salary to $6,000 beginning January, 1994. (See attached meet- ing minutes.) Prior to this morning I was not aware of this desired change. There is a problem because of Section 372. 13(8) which states: "8. By ordinance, the council shall prescribe the compensation of the mayor, council members, and other elected city officers, but a change in the compensation of the mayor does not become effective during the term in which the change is adopted, and the council shall not adopt an ordinance changing the compensation of the mayor, council members, or other elected officers during the months of November and December in the year of a regular city election." (emphasis supplied) As you can see, the state legislature has directed that an increase in the compensation of the mayor and council is to be done by ordinance, not by motion. An ordinance for the salary increase was never put on a council agenda. However, the Iowa Supreme Court has ruled that irregularities in the manner of enacting a desired action can be remedied by subsequent formal proceed- ings. See: Hansen v. Town of Anthon, 173 N.W. 939, 940 (1919) . In that regard, see 4 McQuillin Municipal Corporations (3rd Ed.) §13.47 which states: "Generally, a governmental body may effectively ratify what it could previously have lawfully authorized. Ratification after the act is said to be as potent as authority before the act. Irregular and void acts may be ratified or confirmed at a subse- quent meeting, provided it is a valid or legal meeting. But ratification must be made with the some formalities required for the original exercise of power. Where the charter prescribes a method of doing the act, this mode must be observed in any act of ratification. Thus, where the act could be done only by ordinance, the ratification must be by ordinance." An ordinance for ratification of the pay increase undertaken pursuant to a motion, instead of an ordinance, is prepared and attached hereto. Yours truly, John R. T-aus City Attorney cc Steve Schainker Encl . JRK:dls MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA FEBRUARY 16, 1991 The Ames City Council met in special session at 9:00 a.m. on Saturday, February 16, 1991, in the Council Chambers of the City Hall, 515 Clark Avenue, pursuant to law with Mayor Curtis presiding and the following members present: Brown, Campbell, Hertz, Hoffman, and Parks. Council Member Wirth was absent. BUDGET WRAP-UP: David Hirvela, Chairman of the Commission on the Arts, reported the Commission's recommendations for funding for various arts groups in Ames. Sheila Lundt, Assistant to the City Manager, reported ASSET's recommendations for human services funding. Council Member Campbell expressed a desire to meet with the other ASSET funders soon. Ms. Lundt indicated that it may be possible to schedule a meeting in April. Council Member Parks suggested that a meeting be held with the City's ASSET representatives prior to next years budget sessions. Ms. Lundt stated that she would try to have more information after March for the Council concerning the Information/Referral Service being initiated by Red Cross. Moved by Parks, seconded by Brown, to appropriate $497,420 for Human Services Funding as recommended by ASSET and $58,000 for Arts Funding as recommended by COTA for the 1991/92 fiscal year. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Parks, seconded by Hoffman, to direct Staff to determine a method to recognize City Staff's time and printing costs in the funding process for human services and the arts. Roll Call Vote: 5-0. Motion declared carried unanimously. Council Member Parks requested Staff to indicate in the future what percentage ASSET funding is of each human service agency's total budget. Moved by Parks, seconded by Campbell, to pay the following salaries to the employees directly responsible to the City Council for FY 1991/92: City Clerk - $33,600; City Attorney - $75,550; and City Manager - $80,000 with the City Manager also receiving an increase in his car allowance from $250/month to $350/month beginning July 1, 1991. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Brown, seconded by Parks, to appropriate $5000 from the available Local Option Sales Tax monies as matching funds to serve as an incentive in raising money for new band uniforms for the Municipal Band. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Brown, to approve the addition of a Process Server to the staff of the City Attorney's Office, subject to funding for the position coming from the fees generated, and including $1000 for the use of the employee's personal vehicle. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Brown, seconded by Campbell, to appropriate a total of $18,150 from Local Option Sales Tax monies to the Public Art Policy and Acquisition Committee with $625 allocated for use during the present fiscal year and _ $17,525 for use during FY 1991/92. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Brown, seconded by Parks, to increase the salaries of Council Members to $5,000 beginning in January, 1992, and to increase the Mayor's salary to $6,000 beginning in January, 1994. Roll Call Vote: 3-2. Voting Aye: Brown, Hoffman, and Parks. Voting Nay: Campbell and Hertz. Motion declared carried. Moved by Parks, seconded by Brown, to appropriate a total of $65,000 toward the Ames Plan initiatives of the Ames Chamber of Commerce and Economic Development Commission, with $10,000 allocated for expenditure during the present fiscal year and $55,000 during FY 1991/92. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Parks, seconded by Brown, to set March 5, 1991, as the date of hearing on the proposed budget for FY 1991/92 for the City of Ames. Vote on Motion 5-0. Motion declared carried unanimously. QUIKTRIP: Moved by Brown, seconded by Hoffman, to adopt RESOLUTION NO. 91-48 proposing conveyance of a portion of excess right-of-way at the southwest corner of the intersection of Lincoln Way and South Dakota to QuikTrip and setting a date of hearing for February 26, 1991. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CABLE TV/PUBLIC ACCESS REMODELING PROJECT: Moved by Parks, seconded by Hoffman, to adopt RESOLUTION NO. 91-49 changing bid due date to March 13, 1991, and hearing and award of contract date to March 26, 1991, for the Cable TV/Public Access Remodeling Project. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. MINORS IN BARS: Moved by Brown, seconded by Hoffman, to pass on first reading an ordinance re-adopting the subsection revised to require posting of a notice that minors cannot enter the premises where more than fifty percent of the business conducted is the sale or dispensing of alcoholic beverages for consumption on the premises, to exempt stores selling packaged liquor. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Campbell, seconded by Parks, to waive the rules required for the passing of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Parks, seconded by Brown, to pass on third reading and adopt ORDINANCE NO. 3119 re-adopting the subsection revised to require posting of a notice that minors cannot enter the premises where more than fifty percent of the business conducted is the sale or dispensing of alcoholic beverages for consumption on the premises, to exempt stores selling packaged liquor. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HOUSING ASSISTANCE PROGRAM: Moved by Brown, seconded by Parks, to adopt RESOLUTION NO. 91-50 committing $73,000 to the Iowa Finance Authority for funding under the Housing Assistance Program. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: There were no comments. ADJOURNMENT: The meeting was adjourned at 10:35 a.m. N ncy Dionigi, i y Clerk Larry R. Cur is, Mayor