HomeMy WebLinkAboutA001 - Letter dated January 16, 1995 to City Council from City Attorney AMES CITY OF A-
CITY ATTORNEY'S OFFICE IOWA 50010
Community-University-Opportunity 515 CLARK AVE.
PHONE 515-239-5146 A FAX 515-239-5�z�
January 16, 1995
The Honorable Larry R. Curtis, Mayor,
and Members of the City Council
of the City of Ames, Iowa
Dear Mayor Curtis and Council Members:
With this is an ordinance to maximize the powers of the Hospital Trustees. When the
current ordinance was enacted in 1973, more controls were placed on the Trustees than
were legally required.
This new ordinance will, if adopted, give the Trustees the authority to acquire property
by purchase or lease without specific Council approval. It would also give the Trustees
authority to lease hospital property to others for a period of three years or less without
Council approval. It also recognizes authority granted by the Legislature in 1986 for the
Trustees to sell hospital property that is "not needed" for hospital purposes.
The Hospital Trustees can not,as a matter of State law,create a general obligation of the
City. Pursuant to Section 392.1, Code of Iowa, the City Council cannot grant the
Trustees authority to issue revenue bonds.
The section with respect to joint ventures specifically approves the hospital's entering
into contracts to participate with other entities in providing health care services,
including the formation and financing of new entities,without further Council approval.
Finally, since state law does not actually require that a City Hospital Trustee be a
resident of the City, the ordinance allows a non-resident to be elected, if properly
nominated by petition of residents under the election law.
Yours truly,
Jo n
City Attorney
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Enclosure
cc Hospital Trustees