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HomeMy WebLinkAboutA025 - Legal Opinion dated March 5, 2001 Page 1 of 1 John Klaus From: "John K us klaus@city.ames.ia.us> To: "Herman Quirmbach" <hcgbach@ames.net>; "Ted Tedesco" <Tedjoanie@aol.com>; "Ann Campbell" <bobanncamp@aol.com>; "Steve Goodhue" <st.goodhue@isunet.net>; "Judie Hoffman" <judiehoffman@yahoo.com>; "Russ Cross" <russcross@financial.wellsfargo.com>; "Sharon Wirth" <sharonwirth@yahoo.com> Sent: Monday, March 05, 2001 11:41 AM Subject: Smoking Dear Mayor Tedesco and Council Members: The smoking ordinance is on the agenda for March 6 to assure compliance with Section 3 80.10 Code of Iowa. That section allows a City ordinance to adopt a "standard code" or a "portion of the Code of Iowa" after published notice and public hearing. The smoking ordinance adopts portions of the Iowa Code by reference. The public hearing was February 13. Section 380.10 states: "Within thirty days after the hearing, the Council by ordinance may adopt the proposed code which became effective upon publication of the ordinance adopting it ..." Assuming that wording applies to adoption of"a portion of the Iowa Code" as well as to a "standard code", I advised the smoking ordinance be put on the agenda for March 6 so that it can be adopted "within" 30 days of the public hearing.. 03/05/2001 Ba LEGAL NOTICE A public hearing, pursuant to Section 380.10 Code of Iowa, will be held by the Ames City Council in conjunction with its regular meeting of November 14, 2000, beginning at 7:00 p.m. in the City Council Chambers at City Hall, 515 Clark Avenue, Ames, Iowa, on the enactment of an ordinance pertaining to smoking in public places that adopts by reference portions of the Code of Iowa, specifically, subsections 142B.1, 142B.1 (3) , 142B. 1 (4) , 142B.13, and 123 .3 (4) Code of Iowa. Any and all persons may then appear and be heard on that matter. Diane Voss City Clerk �1 LIN