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HomeMy WebLinkAboutA001 - excerpt from Council meeting Vote on Motion:4-1.Voting aye:Cross,Hoffman,Vegge,Wirth. Voting nay:Goodhue.Motion declared carried. Clarification anyone who owns or rent. DISCUSSION ON LEGALITIES AND PROCEDURES NEEDED TO BE FOLLOWED TO FILL THE UPCOMING VACANCY ON THE CITY COUNCIL:John Klaus advised the Council that a vacancy in an elective city office during a term of office shall be filled.He pointed out that Iowa Code Section 372.13 provides that the vacancy be filled by appointment by the remaining members of the Council or by special election.He said that the appointed or elected person must be a resident of the Fourth Ward, and the appointment is valid until the next election for a city office or city ballot issue. Mr. Klaus said that if the Council decides to make the appointment, notice of intent to do so and that the voters have a right to petition for a special election must be published at least four days before the appointment is made.He advised that there can be no vote on the appointment until after the position is legally vacant. Moved by Cross, seconded by Hoffman, that the vacancy be filled by appointment with the notice being published not less than four days prior to the first regularly scheduled meeting after the vacancy occurs. Vote on Motion: 5-0. Motion declared carried unanimously. DISCUSSION ON REPEALING SECTION 1.7 OF THE CITY CODE PERTAINNG TO THE CITY FLAG: Council Member Wirth said that in light that there was only one citizens who has come forth to address the flying of the City flag, she supports repealing the Section of the Code pertaining to it. J. A. (Earl) Franz, 307 Orange, Ames, said that what makes his request so unreasonable to request that the City flag be flown at City Hall. (Listen to tape.) Consider to make the public greatly involved. He would support Mayor's Youth Committee, ISU Government of Student Body. Ask that the Council undertake Moved by Wirth, seconded by Hoffman, to direct the City Attorney to prepare an ordinance repealing Section 1.7 of the City Code pertaining to the City flag. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON PROPOSED CONVEYANCE OF THE SOUTH 2' OF THE NORTH 8' OF THE WEST 100'OF THE VACATED ALLEY THAT ABUTS 1118 GRAND AVENUE:Mayor Tedesco opened the public hearing.There being no one wishing to speak,the hearing was closed. Moved by Cross,seconded by Goodhue,to adopt RESOLUTION NO.02-604 approving the sale and conveyance to Jessica Mary Jane in the amount of$418.12. Roll Call Vote: 5-0.Resolution declared adopted unanimously,signed by the Mayor,and hereby made portion of these minutes. Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 02-605 accepting the 12 See. 1.3. CATCHLINES,TITLES,HEADINGS AND NOTES. The catchlines of the several sections of this Code printed in boldface type,titles,headings,chapter heads, section and subsection heads or titles, editor's notes, cross references and state law references, unless set out in the body of the section itself, contained in this Code, do not constitute any part of the law, and are intended merely to indicate, explain, supplement or clarify the contents of a section. Sec. 1.4. SEVERABILITY OF PARTS OF CODE. The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause,sentence,paragraph or section of this Code shall be declared invalid,unenforceable or unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such invalidity, unenforceability or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code. Sec. 1.5. EFFECT OF REPEALS. The repeal of an ordinance does not revive an ordinance previously repealed, nor affect any rights which have accrued,any duty imposed,or any proceedings commenced under or by virtue of the ordinance repealed. [State Law Ref. Iowa Code Sec. 4.1(1)] Sec.1.6. MISDEMEANOR PENALTY. Where it is provided in this Code that a violation is or can be charged as a misdemeanor,the penalty shall be a fine not to exceed five hundred dollars,or imprisonment not to exceed thirty days. (Ord.,Xo.864,Sec.9, 12-4-56;Ord.No.3003,Sec. 1,2-23-88;Ord.No.3551,3-7-00,Ord.No.3588,9-126-00) [State Law Ref. Iowa Code Sec. 364.3] Sec. 1.7. OFFICIAL FLAG-ADOPTED;DESIGN. The flag,designed by Beverly Bartels and presented by the College-Savings Bank before the city council on September 1,1964,which flag consists of the background colors white and gold and approximately the one- third('/s)nearest the staff being white,and upon the white background being depicted the following in the color gold trimmed in black: Three(3) overlapping, variable size gears, and below and to the left of said gears a lamp;and below the said gears and lamp a streamer on which is inscribed in black letters the words"combining Industry and Education with Hospitality",and centered in the fold background in black letters the word"Ames" and below,the word "Iowa"; is hereby adopted as the official flag of the city, for use on all occasions where a distinctive city symbol in the way of a flag may be fittingly displayed. (Ord.No. 2050, Sec. 2, 10-20-64) See. 1.8. CHARTER ADOPTED. (1) Purpose. The purpose of this ordinance is to provide for a charter embodying the form of government existing on July 1, 1975. (2) Charter. This ordinance may be cited as the Charter of the City of Ames, Iowa. (3) Form of government. The form of government of the City of Ames, Iowa, is the mayor-council with appointed manager. (4) Powers and duties. The council and mayor and manager and other city officers have such powers and shall perform such duties as are authorized or required by state law and by the ordinances, resolutions, rules and regulations of the City of Ames, Iowa. (5) Number and term of council. The council consists of two(2)council members elected at large and one council member from each of four(4)wards as established by ordinance,elected for terms of four(4)years. (6) Term of mayor. The mayor is elected for a term of four(4)years. (7) Copies on file. The city clerk shall keep an official copy of this charter on file with the official records of the city clerk,shall immediately file a copy with the Secretary of the State of Iowa,and shall keep copies of the charter available at the city clerk's office for public inspection. SUP.NO. 21/1995 CODE 1-2 Rev. 104-00