HomeMy WebLinkAboutA008 - Memo from Mayor dated January 10, 1995 regarding intent to veto AMES
TO: Members of the City Councjb
FROM: Larry R. Curtis, Mayo
9!W,--
DATE: January 10, 1995
SUBJECT: Veto of Ordinance Revising Municipal Code Regarding Foundations
At the December 20, 1994 City Council meeting, I expressed my intent to veto
the passage of Ordinance No. 3316, amending the City Code to establish
standards pertaining to the construction of foundation walls. I was under the
assumption that I had 30 days in which to provide you with written
notification of my reasons for this veto. However, as the attached memo from
the City Attorney explains, by not providing written notification within 14
days, it is considered that I have taken no action on this measure, and
therefore, the ordinance becomes a law when published.
For the record, my concern was that this Code amendment would result in
additional costs to housing in Ames with no justification for doing so. It was
not my intent to veto Ordinance No. 3315 requiring inspections of foundation
walls, although the Council's motion considered both ordinances at one time.
AMES
C I T Y O F A M E S
CITY ATTORNEY'S OFFICE P.O. BOX911 AMES IOWA 50010
Community-University-Opportunity 515 CLARK AVE.
PHONE 515-239-5146 A FAX 515-239-5142
L
January 10, 1995
01995
The Honorable Larry R. Curtis, Mayor
And Members of the City Council
Of The City of Ames, Iowa
Re: Foundation Inspection Ordinance, Veto by Mayor
Dear Mayor Curtis and Council Members:
Council Member Wirth has asked for a report on the legal status of the "foundation
inspection ordinance" passed by the Council on December 20.
The Mayor has not signed the ordinance. At the meeting of December 20, the Mayor
orally stated he intended to veto the measure and that he would send his written
message to the Council for that purpose.
However, as of this date, the written message to the Council from the Mayor required
by Section 380.6(2) for a Mayoral veto of a Council measure has not been delivered.
Therefore, because 14 days have passed since the Council gave final passage to the
ordinance, the ordinance can go into effect on publication pursuant to Section 380.6(3)
Code of Iowa.
A copy of Section 380.6 Code of Iowa pertaining to the exercise of a Mayoral veto is
attached for your convenient reference.
Yours truly,
)�jKo�hnKaus
City Attorney
Encl.
§380.1,CITY LEGISLATION 2920
380.1 Title of ordinance. 380.5 Mayor.
The subject matter of an ordinance or amendment The mayor may sign,veto,or take no action on an
must be generally described in its title. ordinance, amendment, or resolution passed by the
[R60,§1122;C73,§489;C97,§681;C24,27,31,35, council.However,the mayor may not veto a measure
39,§5715;C46,50,54,58,62,66,71,73,§366.2;C75, if the mayor was entitled to vote on the measure at
77, 79,81, §380.11 the time of passage.
[C97,§685;C24,27,31,35,39,§5718;C46,50,54,
380.2 Amendment. 58,62,66, 71, 73, §366.5; C75, 77, 79,81, §380.51
An amendment to an ordinance or to a code of or-
dinances must specifically repeal the ordinance or 380.E Effective date.
code, or the section, subsection,paragraph, or sub- Measures passed by the council, other than mo-
part to be amended, and must set forth the ordi- tions,become effective in one of the following ways:
nance,code, section,subsection,paragraph,or sub- 1. If the mayor signs the measure, a resolution
part as amended. becomes effective immediately upon signing and an
[R60,§1122;C73,§489;C97,§681;C24,27,31,35, ordinance or amendment becomes a law when pub-
39,§5715;C46,50,54,58,62,66,71,73,§366.2;C75, lished,unless a subsequent effective date is provided
1 77, 79, 81, §380.21 within the measure.
91 Acts, ch 145, §3 2. If the mayor vetoes the measure, the mayor
shall explain the reasons for the veto in a written
380.3 Two considerations before final pas- message to the council at the time of the veto.With-
sage-how waived. in thirty days after the mayors veto,the council may
pass the measure again by a vote of not less than
A proposed ordinance or amendment must be con
two-thirds of the council members.If the mayor ve-
sidered and voted on for passage at two council toes a measure and the council
meetings prior to the meeting at which it is to be fi- the measure
nally passed, unless this requirement is suspended after the mayor's veto,a resolution on becomes effective
e
immediately upon repassage, and an ordinance or
by a recorded vote of not less than three-fourths of amendment becomes a law when published,unless a
the council members. If a proposed ordinance or
i subsequent effective date is provided within the
amendment fails to receive sufficient votes for pas- measure.
j sage at any consideration,the proposed ordinance or 3. If the mayor takes no action on the measure,
amendment shall be considered defeated. a resolution becomes effective fourteen days after
However,if a summary of the proposed ordinance the date of passage and an ordinance or amendment
or amendment is published as provided in section becomes a law when published,but not sooner than
362.3,prior to its first consideration,and copies are fourteen days after the date of passage,unless a sub-
available at the time of publication at the office of sequent effective date is provided within the mea-
i the city clerk,the ordinance or amendment must be sure.
considered and voted on for passage at one meeting [R60, §1133; C73, §492; C97, §685-687; C249 27,
prior to the meeting at which it is to be finally 31, 35, §57189 5720, 5721, 5721-a1; C39, §5718,
1 passed,unless this requirement is suspended by a re- 5720,5721, 5721.1;C46,50,§366.5,366.7-366.9;
corded vote of not less than three-fourths of the C549 58,62,66,71,73,§366.5,366.7;C75,77,79,81,
M council members. §380.61
[R60,§1122;C73,§489;C97,§682;C24,27,31,35, 89 Acts,ch 39, §10
39,§5716;C46,50,54,58,62,66,71,73,§366.3;C75,
77, 79, 81, §380.31 380.7 City clerk.
88 Acts,ch 1246, §5 The city clerk shall:
1. Promptly record each measure, with a state-
E 380.4 Majority requirement-tie vote. ment, where applicable, indicating whether the
r
Passage of an ordinance, amendment, or resolu- mayor signed,vetoed,or took no action on the mea-
i tion requires an affirmative vote of not less than a sure, and whether the measure was repassed after
majority of the council members, except when the the mayor's veto.
mayor may vote to break a tie vote in a city with an 2. Publish all ordinances and amendments in the
even number of council members,as provided in sec- manner provided in section 362.3.
tion 372.4.A motion to spend public funds in excess 3. Authenticate all measures except motions
of ten thousand dollars on any one project,or a mo- with the clerk's signature and certification as to time
tion to accept public improvements and facilities and manner of publication,if any.The clerk's certifi-
upon their completion, also requires an affirmative cation is presumptive evidence of the facts state
vote of not less than a majority of the council mem- therein.
bers. Each council member's vote on an ordinance, 4. Maintain for public use copies of all effective
amendment, or resolution must be recorded. ordinances and codes.
[1160, §1122, 1134, 1135;C73, §466,489,493,494; [1160, §1133; C73, §492; C97, §686, 687; C24, 27,
C97, §683,684,793; 513, §683,693;C24, 27, 31,35, 31, 35, §5719-5721, 5721-a1; C39, §5719-5721,
39,§5717;C46,50,54,58,62,66,71,73,§366.4;C75, 5721.1; C46, 50, §366.6-366.9; C54, 58, 62, 66, 71,
77, 79, 81, §380.41 73, §366.6, 366.7; C75, 77, 79,81, §380.71