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House File 658

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Bill Text

PAG LIN
  1  1                                          HOUSE FILE 658
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO CITY ORDINANCES AND OTHER OFFICIAL ACTIONS OF A
  1  5    CITY COUNCIL AND MAYOR.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  8 
  1  9    Section 1.  Section 380.1, Code 1997, is amended to read as
  1 10 follows:
  1 11    380.1  TITLE OF ORDINANCE.
  1 12    The subject matter of an ordinance or amendment must be
  1 13 generally described in its the title of the ordinance or
  1 14 amendment.
  1 15    Sec. 2.  Section 380.2, Code 1997, is amended to read as
  1 16 follows:
  1 17    380.2  AMENDMENT.
  1 18    An amendment to an ordinance or to a code of ordinances
  1 19 must specifically repeal identify the ordinance or code, or
  1 20 the section, subsection, or paragraph, or subpart to be
  1 21 amended, and must set forth the ordinance, code, section,
  1 22 subsection, or paragraph, or subpart as amended, which action
  1 23 is deemed to be a repeal of the previous ordinance, code,
  1 24 section, subsection, or paragraph amended.
  1 25    Sec. 3.  Section 380.3, unnumbered paragraph 1, Code 1997,
  1 26 is amended to read as follows:
  1 27    A proposed ordinance or amendment must be considered and
  1 28 voted on for passage at two council meetings prior to the
  1 29 meeting at which it is to be finally passed, unless this
  1 30 requirement is suspended by a recorded vote of not less than
  1 31 three-fourths of all of the council members of the council.
  1 32 If a proposed ordinance, or amendment, or resolution fails to
  1 33 receive sufficient votes for passage at any consideration and
  1 34 vote thereon, the proposed ordinance, or amendment, or
  1 35 resolution shall be considered defeated.
  2  1    Sec. 4.  Section 380.3, unnumbered paragraph 2, is amended
  2  2 by striking the paragraph.
  2  3    Sec. 5.  Section 380.4, Code 1997, is amended to read as
  2  4 follows:
  2  5    380.4  MAJORITY REQUIREMENT – TIE VOTE.
  2  6    Passage of an ordinance, amendment, or resolution requires
  2  7 an affirmative vote of not less than a majority vote of all of
  2  8 the council members of the council, except when the mayor may
  2  9 vote to break a tie vote in a city with an even number of
  2 10 council members, as provided in section 372.4.  A Passage of a
  2 11 motion requires a majority vote of a quorum of the council.  A
  2 12 resolution must be passed to spend public funds in excess of
  2 13 ten twenty-five thousand dollars on any one project, or a
  2 14 motion to accept public improvements and facilities upon their
  2 15 completion, also requires an affirmative vote of not less than
  2 16 a majority of the council members.  Each council member's vote
  2 17 on an ordinance, amendment, or resolution a measure must be
  2 18 recorded.  A measure which fails to receive sufficient votes
  2 19 for passage shall be considered defeated.
  2 20    As used in this chapter, "all of the members of the
  2 21 council" refers to all of the seats of the council including a
  2 22 vacant seat and a seat where the member is absent, but does
  2 23 not include a seat where the council member declines to vote
  2 24 by reason of a conflict of interest.
  2 25    A measure voted upon is not invalid by reason of a conflict
  2 26 of interest in a member of the council, unless the vote of the
  2 27 member of the council was decisive to passage of the measure.
  2 28 The vote must be computed on the basis of the number of
  2 29 members not disqualified by reason of conflict of interest.
  2 30 However, a majority of all members is required for a quorum.
  2 31 For the purpose of this section, the statement of a council
  2 32 member that the council member declines to vote by reason of
  2 33 conflict of interest is conclusive and must be entered of
  2 34 record.
  2 35    Sec. 6.  Section 380.5, Code 1997, is amended to read as
  3  1 follows:
  3  2    380.5  MAYOR.
  3  3    The mayor may sign, veto, or take no action on an
  3  4 ordinance, amendment, or resolution passed by the council.
  3  5 However, the mayor may not veto a measure an ordinance,
  3  6 amendment, or resolution if the mayor was entitled to vote on
  3  7 the such measure at the time of passage.
  3  8    Sec. 7.  Section 380.6, Code 1997, is amended to read as
  3  9 follows:
  3 10    380.6  EFFECTIVE DATE.
  3 11    Measures passed by the council, other than motions, become
  3 12 effective in one of the following ways:
  3 13    1.  If the mayor signs the measure, a resolution becomes
  3 14 effective immediately upon signing and an ordinance or
  3 15 amendment becomes a law when
  3 16    a.  An ordinance or amendment signed by the mayor becomes
  3 17 effective when the ordinance or a summary of the ordinance is
  3 18 published, as provided in section 380.7, subsection 3, unless
  3 19 a subsequent effective date is provided within the measure
  3 20 ordinance or amendment.
  3 21    b.  A resolution signed by the mayor becomes effective
  3 22 immediately upon signing.
  3 23    c.  A motion becomes effective immediately upon passage of
  3 24 the motion by the council.
  3 25    2.  If the mayor vetoes the measure, the The mayor may veto
  3 26 an ordinance, amendment, or resolution within fourteen days
  3 27 after passage.  The mayor shall explain the reasons for the
  3 28 veto in a written message to the council at the time of the
  3 29 veto.  Within thirty days after the mayor's veto, the council
  3 30 may pass the measure again by a vote of not less than two-
  3 31 thirds of all of the council members of the council.  If the
  3 32 mayor vetoes a measure an ordinance, amendment, or resolution
  3 33 and the council repasses the measure after the mayor's veto, a
  3 34 resolution becomes effective immediately upon repassage, and
  3 35 an ordinance or amendment becomes a law when the ordinance or
  4  1 a summary of the ordinance is published, unless a subsequent
  4  2 effective date is provided within the measure ordinance or
  4  3 amendment.
  4  4    3.  If the mayor takes no action on the measure an
  4  5 ordinance, amendment, or resolution, a resolution becomes
  4  6 effective fourteen days after the date of passage and an
  4  7 ordinance or amendment becomes a law when the ordinance or a
  4  8 summary of the ordinance is published, but not sooner than
  4  9 fourteen days after the date of passage, unless a subsequent
  4 10 effective date is provided within the measure ordinance or
  4 11 amendment.
  4 12    Sec. 8.  Section 380.7, Code 1997, is amended to read as
  4 13 follows:
  4 14    380.7  CITY CLERK.
  4 15    The city clerk shall:
  4 16    1.  Promptly record each measure, with a statement, where
  4 17 applicable, indicating whether the mayor signed, vetoed, or
  4 18 took no action on the measure, and whether the measure was
  4 19 repassed after the mayor's veto.
  4 20    2.  Record a statement with the measure, where applicable,
  4 21 indicating whether the mayor signed, vetoed, or took no action
  4 22 on the measure, and whether the measure was repassed after the
  4 23 mayor's veto.
  4 24    2. 3.  Publish a summary of all ordinances or the complete
  4 25 text of ordinances and amendments in the manner provided in
  4 26 section 362.3.  As used in this subsection, "summary" shall
  4 27 mean a narrative description of the terms and conditions of an
  4 28 ordinance setting forth the main points of the ordinance in a
  4 29 manner calculated to inform the public in a clear and
  4 30 understandable manner the meaning of the ordinance and which
  4 31 shall provide the public with sufficient notice to conform to
  4 32 the desired conduct required by the ordinance.  The
  4 33 description shall include the title of the ordinance, an
  4 34 accurate and intelligible abstract or synopsis of the
  4 35 essential elements of the ordinance, a statement that the
  5  1 description is a summary, the location and the normal business
  5  2 hours of the office where the ordinance may be inspected, when
  5  3 the ordinance becomes effective, and the full text of any
  5  4 provisions imposing fines, penalties, forfeitures, fees, or
  5  5 taxes.  Legal descriptions of property set forth in ordinances
  5  6 shall be described in full, provided that maps or charts may
  5  7 be substituted for legal descriptions when they contain
  5  8 sufficient detail to clearly define the area with which the
  5  9 ordinance is concerned.  The narrative description shall be
  5 10 written in a clear and coherent manner and shall, to the
  5 11 extent possible, avoid the use of technical or legal terms not
  5 12 generally familiar to the public.  When necessary to use
  5 13 technical or legal terms not generally familiar to the public,
  5 14 the narrative description shall include definitions of those
  5 15 terms.
  5 16    3. 4.  Authenticate all measures except motions with the
  5 17 clerk's signature and certification as to time and manner of
  5 18 publication, if any.  The clerk's certification is presumptive
  5 19 evidence of the facts stated therein.
  5 20    4. 5.  Maintain for public use copies of all effective
  5 21 ordinances and codes.
  5 22    Sec. 9.  Section 380.8, Code 1997, is amended to read as
  5 23 follows:
  5 24    380.8  CODE OF ORDINANCES PUBLISHED.
  5 25    1.  a.  At least once every five years, a A city shall
  5 26 compile a code of ordinances containing all of the city
  5 27 ordinances in effect, except grade ordinances, bond
  5 28 ordinances, zoning map ordinances, and ordinances vacating
  5 29 streets and alleys, and ordinances containing legal
  5 30 descriptions of urban revitalization areas and urban renewal
  5 31 areas.
  5 32    b.  A city may maintain a code of ordinances either by
  5 33 compiling at least annually a supplement to the code of
  5 34 ordinances consisting of all new ordinances and amendments to
  5 35 ordinances which became effective during the previous year and
  6  1 adopting the supplement by resolution or by adding at least
  6  2 annually new ordinances and amendments to ordinances to the
  6  3 code of ordinances itself.
  6  4    c.  A city which does not maintain the city code of
  6  5 ordinances as provided in paragraph "b" shall compile a code
  6  6 of ordinances at least once every five years.
  6  7    2.  a.  If a proposed code of ordinances contains only
  6  8 existing ordinances edited and compiled without change in
  6  9 substance, the council may adopt the code by ordinance.
  6 10    b.  If a proposed code of ordinances contains a proposed
  6 11 new ordinance or an amendment to existing ordinances, the
  6 12 council shall hold a public hearing on the proposed code
  6 13 before adoption.  The clerk shall publish notice of the
  6 14 hearing as provided in section 362.3.  Copies of the proposed
  6 15 code of ordinances must be available at the city clerk's
  6 16 office and the notice must so state.  Within thirty days after
  6 17 the hearing, the council may adopt the proposed code of
  6 18 ordinances which.  A new ordinance or an amendment to an
  6 19 existing ordinance becomes law effective upon publication of
  6 20 the ordinance adopting it the code of ordinances unless a
  6 21 subsequent effective date is provided within an ordinance.  If
  6 22 the council substantially amends the proposed code of
  6 23 ordinances after a the hearing, notice and hearing must be
  6 24 repeated before the code may be adopted.
  6 25    Ordinances and amendments which become effective after
  6 26 adoption of a code of ordinances may be compiled as
  6 27 supplements to the code, and upon adoption of the supplement
  6 28 by resolution, become part of the code of ordinances.
  6 29    3.  An adopted A code of ordinances compiled and maintained
  6 30 at least annually, or compiled at least once every five years,
  6 31 is presumptive evidence of the passage, publication, and
  6 32 content of the ordinances codified therein as of the date of
  6 33 the clerk's certification of the ordinance adopting the code
  6 34 or supplement.
  6 35    Sec. 10.  Section 380.10, unnumbered paragraphs 1 and 2,
  7  1 Code 1997, are amended to read as follows:
  7  2    A city may adopt the provisions of any statewide or
  7  3 nationally recognized standard code or portions of any such
  7  4 code by an ordinance which identifies the code by subject
  7  5 matter, source and date, and which incorporates the provisions
  7  6 of the code or portions of the code by reference without
  7  7 setting them forth in full.  Such code or portion must be
  7  8 adopted only after notice and hearing in the manner provided
  7  9 in section 380.8.  Copies of the proposed code or portions of
  7 10 such code shall be available at the office of the city clerk.
  7 11    A city may by ordinance adopt by reference any portion of
  7 12 the Code of Iowa in effect at the time of the adoption in the
  7 13 manner provided in this section 380.8 for adoption of a
  7 14 proposed code of ordinances containing a proposed new
  7 15 ordinance or amendment, subject to the following limitations:
  7 16    Sec. 11.  Section 380.10, Code 1997, is amended by adding
  7 17 the following new unnumbered paragraph:
  7 18    NEW UNNUMBERED PARAGRAPH.  Copies of any portions of the
  7 19 Code of Iowa to be adopted by reference shall be available at
  7 20 the city clerk's office.  The council shall hold a public
  7 21 hearing on any proposed standard code or on the portions of
  7 22 any standard code to be adopted by reference.  The council
  7 23 shall hold a public hearing on any portion of the Code of Iowa
  7 24 to be adopted by reference.  The clerk shall publish notice of
  7 25 the hearing as provided in section 362.3.  The notice must
  7 26 state that copies of the proposed standard code or portions
  7 27 thereof, or of the portion of the Iowa Code, are available at
  7 28 the city clerk's office.  If the council substantially amends
  7 29 the proposed code after the hearing, notice and hearing must
  7 30 be repeated before the code may be adopted.  Within thirty
  7 31 days after the hearing, the council by ordinance may adopt the
  7 32 proposed code which becomes effective upon publication of the
  7 33 ordinance adopting it, unless a subsequent effective date is
  7 34 provided within the adopting ordinance.  
  7 35 
  8  1 
  8  2                                                             
  8  3                               RON J. CORBETT
  8  4                               Speaker of the House
  8  5 
  8  6 
  8  7                                                             
  8  8                               MARY E. KRAMER
  8  9                               President of the Senate
  8 10 
  8 11    I hereby certify that this bill originated in the House and
  8 12 is known as House File 658, Seventy-seventh General Assembly.
  8 13 
  8 14 
  8 15                                                             
  8 16                               ELIZABETH ISAACSON
  8 17                               Chief Clerk of the House
  8 18 Approved                , 1997
  8 19 
  8 20 
  8 21                         
  8 22 TERRY E. BRANSTAD
  8 23 Governor
     
Text: HF00657                           Text: HF00659
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