Text: HSB00195                          Text: HSB00197
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 196

Bill Text

PAG LIN
  1  1    Section 1.  Section 380.1, Code 1997, is amended to read as
  1  2 follows:
  1  3    380.1  TITLE OF ORDINANCE.
  1  4    The subject matter of an ordinance or amendment must be
  1  5 generally described in its the title of the ordinance or
  1  6 amendment.
  1  7    Sec. 2.  Section 380.2, Code 1997, is amended to read as
  1  8 follows:
  1  9    380.2  AMENDMENT.
  1 10    An amendment to an ordinance or to a code of ordinances
  1 11 must specifically repeal identify the ordinance or code, or
  1 12 the section, subsection, or paragraph, or subpart to be
  1 13 amended, and must set forth the ordinance, code, section,
  1 14 subsection, or paragraph, or subpart as amended, which action
  1 15 is deemed to be a repeal of the previous ordinance, code,
  1 16 section, subsection, or paragraph amended.
  1 17    Sec. 3.  Section 380.3, unnumbered paragraph 1, Code 1997,
  1 18 is amended to read as follows:
  1 19    A proposed ordinance or amendment must be considered and
  1 20 voted on for passage at two council meetings prior to the
  1 21 meeting at which it is to be finally passed, unless this
  1 22 requirement is suspended by a recorded vote of not less than
  1 23 three-fourths of all of the council members of the council.
  1 24 If a proposed ordinance, or amendment, or resolution fails to
  1 25 receive sufficient votes for passage at any consideration and
  1 26 vote thereon, the proposed ordinance, or amendment, or
  1 27 resolution shall be considered defeated.
  1 28    Sec. 4.  Section 380.3, unnumbered paragraph 2, is amended
  1 29 by striking the paragraph.
  1 30    Sec. 5.  Section 380.4, Code 1997, is amended to read as
  1 31 follows:
  1 32    380.4  MAJORITY REQUIREMENT – TIE VOTE.
  1 33    Passage of an ordinance, amendment, or resolution requires
  1 34 an affirmative vote of not less than a majority vote of all of
  1 35 the council members of the council, except when the mayor may
  2  1 vote to break a tie vote in a city with an even number of
  2  2 council members, as provided in section 372.4.  A Passage of a
  2  3 motion requires a majority vote of a quorum of the council.  A
  2  4 resolution must be passed to spend public funds in excess of
  2  5 ten twenty-five thousand dollars on any one project, or a
  2  6 motion to accept public improvements and facilities upon their
  2  7 completion, also requires an affirmative vote of not less than
  2  8 a majority of the council members.  Each council member's vote
  2  9 on an ordinance, amendment, or resolution a measure must be
  2 10 recorded.  A measure which fails to receive sufficient votes
  2 11 for passage shall be considered defeated.
  2 12    As used in this chapter, "all of the members of the
  2 13 council" refers to all of the seats of the council including a
  2 14 vacant seat and a seat where the member is absent, but does
  2 15 not include a seat where the council member declines to vote
  2 16 by reason of a conflict of interest.
  2 17    A measure voted upon is not invalid by reason of a conflict
  2 18 of interest in a member of the council, unless the vote of the
  2 19 member of the council was decisive to passage of the measure.
  2 20 If a specific percentage vote or a unanimous vote of all of
  2 21 the members of the council is required by statute, the vote
  2 22 must be computed on the basis of the number of members not
  2 23 disqualified by reason of conflict of interest.  However, a
  2 24 majority of all members is required for a quorum.  For the
  2 25 purpose of this section, the statement of a council member
  2 26 that the council member declines to vote by reason of conflict
  2 27 of interest is conclusive and must be entered of record.
  2 28    Sec. 6.  Section 380.6, Code 1997, is amended to read as
  2 29 follows:
  2 30    380.6  EFFECTIVE DATE.
  2 31    Measures passed by the council, other than motions, become
  2 32 effective in one of the following ways:
  2 33    1.  If the mayor signs the measure, a resolution becomes
  2 34 effective immediately upon signing and an ordinance or
  2 35 amendment becomes a law when
  3  1    a.  An ordinance or amendment signed by the mayor becomes
  3  2 effective when the ordinance or a summary of the ordinance is
  3  3 published, as provided in section 380.7, subsection 3, unless
  3  4 a subsequent effective date is provided within the measure
  3  5 ordinance or amendment.
  3  6    b.  A resolution signed by the mayor becomes effective
  3  7 immediately upon signing.
  3  8    c.  A motion becomes effective immediately upon passage of
  3  9 the motion by the council.
  3 10    2.  If the mayor vetoes the measure, the The mayor may veto
  3 11 an ordinance, amendment, or resolution within fourteen days
  3 12 after passage.  The mayor shall explain the reasons for the
  3 13 veto in a written message to the council at the time of the
  3 14 veto.  Within thirty days after the mayor's veto, the council
  3 15 may pass the measure again by a vote of not less than two-
  3 16 thirds of all of the council members of the council.  If the
  3 17 mayor vetoes a measure an ordinance, amendment, or resolution
  3 18 and the council repasses the measure after the mayor's veto, a
  3 19 resolution becomes effective immediately upon repassage, and
  3 20 an ordinance or amendment becomes a law when published, unless
  3 21 a subsequent effective date is provided within the ordinance
  3 22 or amendment.
  3 23    3.  If the mayor takes no action on the measure, a
  3 24 resolution becomes effective fourteen days after the date of
  3 25 passage and an ordinance or amendment becomes a law when the
  3 26 ordinance or a summary of the ordinance is published, but not
  3 27 sooner than fourteen days after the date of passage, unless a
  3 28 subsequent effective date is provided within the ordinance or
  3 29 amendment.
  3 30    Sec. 7.  Section 380.7, Code 1997, is amended to read as
  3 31 follows:
  3 32    380.7  CITY CLERK.
  3 33    The city clerk shall:
  3 34    1.  Promptly record each measure, with a statement, where
  3 35 applicable, indicating whether the mayor signed, vetoed, or
  4  1 took no action on the measure, and whether the measure was
  4  2 repassed after the mayor's veto.
  4  3    2.  Record a statement with the measure, where applicable,
  4  4 indicating whether the mayor signed, vetoed, or took no action
  4  5 on the measure, and whether the measure was repassed after the
  4  6 mayor's veto.
  4  7    2. 3.  Publish a summary of all ordinances or the complete
  4  8 text of ordinances and amendments in the manner provided in
  4  9 section 362.3.  As used in this subsection, "summary" shall
  4 10 mean a narrative description of the terms and conditions of an
  4 11 ordinance setting forth the main points of the ordinance in a
  4 12 manner calculated to inform the public in a clear and
  4 13 understandable manner the meaning of the ordinance and which
  4 14 shall provide the public with sufficient notice to conform to
  4 15 the desired conduct required by the ordinance.  The
  4 16 description shall include the title of the ordinance, an
  4 17 accurate and intelligible abstract or synopsis of the
  4 18 essential elements of the ordinance, a statement that the
  4 19 description is a summary, the location and the normal business
  4 20 hours of the office where the ordinance may be inspected, when
  4 21 the ordinance becomes effective, and the full text of any
  4 22 provisions imposing fines, penalties, forfeitures, fees, or
  4 23 taxes.  Legal descriptions of property set forth in ordinances
  4 24 shall be described in full, provided that maps or charts may
  4 25 be substituted for legal descriptions when they contain
  4 26 sufficient detail to clearly define the area with which the
  4 27 ordinance is concerned.  The narrative description shall be
  4 28 written in a clear and coherent manner and shall, to the
  4 29 extent possible, avoid the use of technical or legal terms not
  4 30 generally familiar to the public.  When necessary to use
  4 31 technical or legal terms not generally familiar to the public,
  4 32 the narrative description shall include definitions of those
  4 33 terms.
  4 34    3. 4.  Authenticate all measures except motions with the
  4 35 clerk's signature and certification as to time and manner of
  5  1 publication, if any.  The clerk's certification is presumptive
  5  2 evidence of the facts stated therein.
  5  3    4. 5.  Maintain for public use copies of all effective
  5  4 ordinances and codes.
  5  5    Sec. 8.  Section 380.8, Code 1997, is amended to read as
  5  6 follows:
  5  7    380.8  CODE OF ORDINANCES PUBLISHED.
  5  8    1.  a.  At least once every five years, a A city shall
  5  9 compile a code of ordinances containing all of the city
  5 10 ordinances in effect, except grade ordinances, bond
  5 11 ordinances, zoning map ordinances, and ordinances vacating
  5 12 streets and alleys, and ordinances containing legal
  5 13 descriptions of urban revitalization areas and urban renewal
  5 14 areas.
  5 15    b.  A city may maintain a code of ordinances either by
  5 16 compiling at least annually a supplement to the code of
  5 17 ordinances consisting of all new ordinances and amendments to
  5 18 ordinances which became effective during the previous year and
  5 19 adopting the supplement by resolution or by adding at least
  5 20 annually new ordinances and amendments to ordinances to the
  5 21 code of ordinances itself.
  5 22    c.  A city which publishes an annual supplement shall
  5 23 compile a code of ordinances at least once every five years.
  5 24    2.  a.  If a proposed code of ordinances contains only
  5 25 existing ordinances edited and compiled without change in
  5 26 substance, the council may adopt the code by ordinance.
  5 27    b.  If a proposed code of ordinances contains a proposed
  5 28 new ordinance or an amendment to existing ordinances, the
  5 29 council shall hold a public hearing on the proposed code
  5 30 before adoption.  The clerk shall publish notice of the
  5 31 hearing as provided in section 362.3.  Copies of the proposed
  5 32 code of ordinances must be available at the city clerk's
  5 33 office and the notice must so state.  Within thirty days after
  5 34 the hearing, the council may adopt the proposed code of
  5 35 ordinances which.  A new ordinance or an amendment to an
  6  1 existing ordinance becomes law effective upon publication of
  6  2 the ordinance adopting it the code of ordinances unless a
  6  3 subsequent effective date is provided within an ordinance.  If
  6  4 the council substantially amends the proposed code of
  6  5 ordinances after a the hearing, notice and hearing must be
  6  6 repeated before the code may be adopted.
  6  7    Ordinances and amendments which become effective after
  6  8 adoption of a code of ordinances may be compiled as
  6  9 supplements to the code, and upon adoption of the supplement
  6 10 by resolution, become part of the code of ordinances.
  6 11    3.  An adopted A code of ordinances compiled and maintained
  6 12 at least annually, or compiled at least once every five years,
  6 13 is presumptive evidence of the passage, publication, and
  6 14 content of the ordinances codified therein as of the date of
  6 15 the clerk's certification of the ordinance adopting the code
  6 16 or supplement.
  6 17    Sec. 9.  Section 380.10, unnumbered paragraphs 1 and 2,
  6 18 Code 1997, are amended to read as follows:
  6 19    A city may adopt the provisions of any statewide or
  6 20 nationally recognized standard code or portions of any such
  6 21 code by an ordinance which identifies the code by subject
  6 22 matter, source and date, and which incorporates the provisions
  6 23 of the code or portions of the code by reference without
  6 24 setting them forth in full.  Such code or portion must be
  6 25 adopted only after notice and hearing in the manner provided
  6 26 in section 380.8.  Copies of the proposed code or portions of
  6 27 such code shall be available at the office of the city clerk.
  6 28    A city may by ordinance adopt by reference any portion of
  6 29 the Code of Iowa in effect at the time of the adoption in the
  6 30 manner provided in this section 380.8 for adoption of a
  6 31 proposed code of ordinances containing a proposed new
  6 32 ordinance or amendment, subject to the following limitations:
  6 33    Sec. 10.  Section 380.10, Code 1997, is amended by adding
  6 34 the following new unnumbered paragraph:
  6 35    NEW UNNUMBERED PARAGRAPH.  Copies of any portions of the
  7  1 Code of Iowa to be adopted by reference shall be available at
  7  2 the city clerk's office.  The council shall hold a public
  7  3 hearing on any proposed standard code or on the portions of
  7  4 any standard code to be adopted by reference.  The council
  7  5 shall hold a public hearing on any portion of the Code of Iowa
  7  6 to be adopted by reference.  The clerk shall publish notice of
  7  7 the hearing as provided in section 362.3.  The notice must
  7  8 state that copies of the proposed standard code or portions
  7  9 thereof, or of the portion of the Iowa Code, are available at
  7 10 the city clerk's office.  If the council substantially amends
  7 11 the proposed code after the hearing, notice and hearing must
  7 12 be repeated before the code may be adopted.  Within thirty
  7 13 days after the hearing, the council by ordinance may adopt the
  7 14 proposed code which becomes effective upon publication of the
  7 15 ordinance adopting it, unless a subsequent effective date is
  7 16 provided within the adopting ordinance.  
  7 17                           EXPLANATION
  7 18    This bill changes the way cities adopt, record, and codify
  7 19 ordinances, amendments, resolutions, and motions.
  7 20    The bill provides that an amendment to an ordinance, or
  7 21 part of an ordinance, is deemed to be a repeal of the previous
  7 22 ordinance, or part, rather than requiring the specific repeal
  7 23 of the ordinance or part.
  7 24    The bill strikes the provision that allowed a city council
  7 25 to suspend one of the three required meetings to consider an
  7 26 ordinance or amendment if publication of a proposed ordinance
  7 27 or amendment occurred prior to first consideration of the
  7 28 ordinance or amendment by the city council.
  7 29    The bill requires a majority vote of all council members to
  7 30 adopt an ordinance, amendment, or resolution; and requires a
  7 31 majority of a quorum of the council to adopt a motion.  The
  7 32 vote of a council member who has a conflict of interest does
  7 33 not make the measure invalid unless such vote was decisive to
  7 34 passage of the measure.  The bill changes from motion to
  7 35 resolution the type of official action required of the council
  8  1 to accept public improvements upon completion and to spend
  8  2 funds in excess of $25,000.  Currently, the limit is $10,000.
  8  3 The bill provides that a vote on a motion must be recorded.
  8  4 Currently, votes on an ordinance, amendment, or resolution are
  8  5 required to be recorded.
  8  6    The bill also provides that a vote on a measure is not
  8  7 invalid for conflict of interest reasons unless the vote was
  8  8 decisive in passing the measure.
  8  9    The bill provides that an ordinance or amendment is
  8 10 effective upon publication unless a subsequent date is
  8 11 specified.  Currently, it is effective upon signing by the
  8 12 mayor.  The bill requires that a statement separate from the
  8 13 ordinance be recorded with an ordinance indicating the mayor's
  8 14 action on a measure and any subsequent action.
  8 15    The bill includes legal descriptions of urban
  8 16 revitalization and urban renewal areas in the types of
  8 17 ordinance, or portions of ordinances, that are not required to
  8 18 be included in the code of ordinances compiled by the city.
  8 19 The bill allows a city to maintain its code of ordinances by
  8 20 publishing an annual supplement or by adding new ordinances
  8 21 and amendments to the compiled code each year.  The bill
  8 22 requires that a city which publishes an annual supplement
  8 23 shall also compile a new code of ordinances every five years.
  8 24    The bill provides that state or national statutes or
  8 25 standard codes adopted by reference become effective upon
  8 26 publication of the ordinance adopting the state or national
  8 27 statute or standard code unless a subsequent effective date is
  8 28 specified.  Copies of the federal or state law or standard
  8 29 code are required to be available at the city clerk's office.  
  8 30 LSB 2451HC 77
  8 31 sc/cf/24
     

Text: HSB00195                          Text: HSB00197
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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