HomeMy WebLinkAboutA003 - Memo dated Augsut 17, 2021 to City Council 1
CITY OF MEMO
Ames- Legal Department
Caring People•QuaG'!y Programf•Excrptia�al Service
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To: Mayor Haila and Ames City Council
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From: Mark O. Lambeit, City Attorney
Date: August 17, 2021
Subject: Ordinance correcting conflict in the Ames Municipal Code
regarding terms of office of MGMC Trustees.
At the August 24, 2021 Ames City Council meeting, the Council directed the
City Attorney to draft an ordinance correcting a mistake in Ames Municipal Code
Section 6.2(4) regarding the terms of office of Mary Greeley Medical Center
(MGMC) Trustees.
Ames Municipal Code section 6.2(4) ("Elections" section) incorrectly states that
the terms of office of hospital trustees shall be six (6) years.
Ames Municipal Code section 12.2 ("Hospital trustees" section) correctly states
that the terms of office of the hospital trustees shall be four (4) years.
State law specifies that terms of office of city hospital trustees are four (4) years,
at Iowa Code section 392.6(1).
The attached ordinance corrects the mistake in Section 6.2(4). As the city
election is November 2, 2021, staff feels it would be best if Council
suspended the rules to pass this ordinance at one Council meeting, to
have this correct in our Code well in advance of the election.
ALTERNATIVES:
1. Approve the ordinance on first passage. Suspension of the rules to
adopt the ordinance at one Council meeting requested.
2. Do not approve the ordinance.
Legal Department 515.23s.5146 nmin 515 Clark Ave.
515.239.5142 1. Ames,IA 50010
www.CityofAmes.org
RECOMMENDATION:
This matter is clearly a mistake in our Municipal Code; Section 6.2(4) conflicts
with another Municipal Code section and with state law.
It is the recommendation of the City Manager and the City Attorney that Council
adopt the ordinance correcting the error in Section 6.2(4).
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES,IOWA,BY REPEALING SECTION 6.2(4)
AND ENACTING A NEW SECTION 6.2(4) THEREOF, FOR
THE PURPOSE OF AMENDING THE TERMS OF ELECTED
OFFICERS; REPEALING ANY AND ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT
OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby
amended by enacting a new Section 6.2(4)as follows:
"Sec.6.2. TERMS OF ELECTED OFFICERS.
•.• (4) The term of office for members of the Ames Municipal Hospital Board of Trustees shall,
subject to the foregoing,be four(4)years."
Section Two.All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the
extent of such conflict,if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and
publication as required by law.
Passed this day of
Diane R. Voss,City Clerk John A.Haila,Mayor