HomeMy WebLinkAbout1975-08-26 Resolutionr, r�rn:n�r,� !,1C:�►�If,li3 :(�
:reads: - - - - -
(a) If a -home rule charter is adopted: {!
(a) The elective officers provided for in the charter -are to '
be elected at the next regularCityelection held more
than sixty days after the ,special election'iat which the
charter was adopted, and the adopted charter becomes
F effective at the beginning of the fiscal year which 4
F follows such regular City election. t
-The General Assembly has amended subsection (8)(a) .to make the charter - -_
effective at the beginning of the new term following the regular City
election and not effective at the fiscal year. This means that our'
Home Rule Charter adopted at _the special election of November 15, 1973,
'.will become :effective :on January 1,--1976, rather than July 1, 1976.
At the upcoming election the citizens of Iowa City must elect
"the elective officers provided for in the:charter.. -2. 01 The
.Charter, provides as follows: {
The City Council consists of seven members., Four, to be
known as Councilmembers'at-large,'are to be nominated and
elected by the qualified voters of the City at -large. The
other three are to be known as District Councilmembers; they
are to be nominated by the qualified voters of'their'respec
-
tive districts, -as provided by Article III, and one is to be -
elected from each Council District by the qualified voters of
the City at large.
2.07., LhO Chanter., provi,los that the Council. shall., by ordinance,
establish three council districts.— The Council -ba a already provided
for these three districts by Ordinance No. 75-2770, passed on
June 17, 1975.
1 2-
376.3 provides:
Candidates for elective City offices must.be nominated as
;provided in Sections 376.4 to 376.9 unless by ordinance a City
chooses the provisions of Chapter 44 or-45.`'However, =a special
Charter City may, continue to hold partisan elections as provided
This Council has not chosen to adopttheprovisions -of Chapter 44 or
45 of the Code, nor, do I`think that -such adoption would ameliorate'
our situation. Chapter 44 deals with -'nominations by non-party political
organizations. Chapter 45.if;adopted by -the Council -for City elections,
would require the use; of a plurality election for City Councilmembers.
-- '.See -376:6(2),. and 376..8_. Such`a plurality election would ,fly in the:
face of 3.02, -the Charter, and should not be considered by the Council
unless it intends to propose amendment of the Charter to do away with
primary elections. Lastly, Iowa City is not a special Charter City with
-.;partisan elections, _and so the last -sentence ,of -376.3 does ,not :apply to
US. Also see 362.9, where itisexpressly-stated: that. Chapter -.376, is
applicable to all cities.
Therefore, I conclude that 376.3, is controlling in its mandate that
Sections 376.4 to 376.9= govern -the nomination of persons for elective
City offices to.the exclusion of the.Charter, even ,if it were actually in
effect; which is -not. If 376.4 be`contolling,`then'all candidates for _'
City office in the November, 1975 election, including both; at -large, and
district candidates, must obtain 139 signatures for nomination.
It possibly could be argued that 376.4 does not.apply-to Iowa City
since this is the first time that Iowa Citians have ever voted for district`
candidates (at least in recent history), and that no one therefore voted
"...to fill the `same office at -the last regular City'' election...", because
there were no districts or district candidates at _the last election. Then,
it could be argued, one would look to Article III, the Charter, for'nomin
--"'ationprocedures for district candidates. This argument overlooks the
fact; that the Charter is not yet in'effect,-and that; we -should -follow a
rule of construction -which -gives as little effect as possible to the
_Charter:;until:itis in effect, consistent with 372.9(8)(a).'`A more serious
flaw in this argument, ;however, is that it would require -us_to give effect
to that; part of 3.01, the Charter, which spells out nomination signature
requirements for district candidates, without, giving ,effect _to the;Charter.-
petition filing deadline „which deadline-is-found-in--the-same,-sentence as
- the signature requirement.
With regard to the petition filing deadline found in 376.4, I`believe
we must follow these deadlines rather than the deadlines found in 3.01, =`
_the Charter. 2 -have already concluded as a matter of statutory construc-
tion that 376.4; is controlling on the City in this and subsequent elections:
--In looking at Section 64 of- Chapter 1088, the original Home Rule Act for
cities, we find that the Legislatureinitiallycontemplated a deadline of
'four-.weeks-before.-the-date--of.-:the =final =-election for the :>filing of-nomin -
--
ation;petit ions. It was thin vernion`of'Chapter 1088 that the Iowa City
Charter Commiunion wan working with when it --formulated the -Charter.,
Therefore, it is not surprising that'the Charter Commission -incorporated
this provision into the Charter. However, subsequent amendments to Chapter`
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-' RESOLUTION NO. 75-297
RESOLUTION APPROVING PLAT
WHEREAS, Al Streb and Realty'11olding°Company, Inc.,
Johnson County, Iowa, have filed with the Clerk of the City
of Iowa City, Iowa, a plat and subdivision of the premises
described as follows:
Subdivision of Lots 5 and 6, Part 4,:_Terrace
-
Hill Addition,. an Addition to the City of
_
Iowa,: City, •:Iowa;
and; - - -
WHEREAS, said property is owned by the above named
parties and dedications have been madewiththe _free con-
sent and in accordance with, the desires -of sai.d'proprietors.
WHEREAS, said plat and subdivision were-examined,>by
-the _Zoning and Planning Board Commission of Iowa City, Iowa,-
and after due deliberation said Commission recommended that
the said plat and subdivision be accepted and approved.
-
WHEREAS, said plat and subdivision is found to conform
wit ]i`the provisions of Chapter 409 of the -1975 Code of Iowa
and all other statutory requirements.
NOW, THEREFORE, 13E TT RESOLVE=D by the City Council of
Ioi,:a City, Iowa, that said plat and subdivision be and they
arc hereby approved and the dedication of'the streets -as
by law is provided and accepted;
BE IT FURTHER RESOLVED that the City --Clerk of Iowa City,
Iowa, is hereby authorized and directed to certify copies
of this resolution to -the County Recorder of Johnson County,-
Iowa.
Ayes 3
Nays 0
mpl
i :the
CO
All work
isreoareddone
Rin strict PlastinoCePWEthPctin p� ansEn ineer
specifications Prepared rove by t e it
of Iowa City, Iowa; -which _have; ereto ore eio app
Council,,;and are on_file-for public examination in the Office of the
City Clerk.
'Wherever reference is made to the specification in the plans or
cont'Whereverract ref it shall is
l be understood to-include the "Standard
and
Specifications for Construct nce
Wo Primaryy, Farm ry to.Road System
Secondary Roads and Maintenance Work on the Primary Road Sy
Series of 1972,>Iowa 'State Highway Commission.
Each proposal shall beam�heckde ndrawnronfuandscertifiedeby, tan
and must-'be accompanied by p the
Iowa Bank and filed in andsinitheed eamounteofe 7 500.00 m madeopayable
raining-the proposal, of Iowa City, owa, and maybe
to the city Treasurer of the City. - Iowa, as liquidated
cashed by the-Treasurer of-the City. of=Iowa City,
damages in the event the succeandupostabondfsatisfactoryails to rtontheaCity
contract_ within ten (10) y
insuri ingwohorfmoreful bidders mayhe
rmaerfonbe ce tetainedf the oforaatperiodcof not to
to
,(15) days until a,contfte is awarded o
exceed`fifteenr rejection
. Other will be returned
madeafter the canvass and tabulation
of bids is completed
pleted and reported to the City Council.
Payment to the Contractor wbe-mforasuchn(90$) of the
purpocashses-onsthe basis
the City that Of t may be legally used
of monthly estill
accomplish outlinedtifaMethod ofual tonetPaymentcent
work P
By virtue of statutory authority; preference will be; given to
products virtue
and visions -grown and coal produced within the State of
Iowa, ;and preference will be given to Iowa domestic labor in the
construction of the improvement.
The successful bidder will be required to furnish a-bond in an
amount equal to one hundred percent (100$) of the rovedaby thecCity
said bond to be issued by a responsible ssurety afPall materials ,,and
council-and-shall guarantee the prompt p Ym
labor akss indrotect and savethe operation ofthethe harmletcontract,y from aand shalloalsos
of y
,` '. of the improvement for period
guarantee themaintenanceof
ompletion and acceptancea by the City,
yearsfromand after its c
be
The work under 10-the
dayspafterrooseaigningaof thecontrct lcontracteanddshalllbe
ten 1975 -
comp ere camber-�5,
-- Time is_an essential-element of the contract. Liquidated'
damages in the amount of _fifty dollars
( $50.00 wfor-eachscalendarasessed ndaycrequiredacrdance wfor- "Base
rojectp
eci
pcompletionns"
Article 1108
$
after the above designated date.
A-2 -
P-1
C-01
-,-: RESOLUTION NO. 75-305
RESOLUTION ACCEPTING SANITARY'SEWER IMPROVEMENTS
PORTION OF
REPLAT OF. KOHL'S SUBDIVLSION
WHEREAS, the Engineering Department
has certified that the following improvements
have been completed in accordance with plans and specifications of the City of Iowa
City,
AND WHEREAS, Maintenance Bonds for
Dave Schmitt Const. are on file in
the City Clerk's Office,-
NOW THEREFORE BE IT RESOLVED by the
City Council of Iowa City, Iowa, that said
--
-.-improvements be accepted bythe City of
Iowa City. '-
Itwas moved by Brandt
and seconded by Neuhauser that
the Resolution as read be accepted, and
upon roll call there were:
AYES: NAYS:
ABSENT:
-Brandt - X
Czarnecki
X
Davidsen X
X
deProsse
Neuhauser X
Passed and approved this 26th day of August 19 15
/.
-1 tl FC'rJn1
t'Q2NCe \
Mayor Pro tem
ATTEST:-
City Clerk
RESOLUTION NO. 75-308
LIQUOR <;
RESOLUTION TO REFUNDNKXX 'PERMIT ---
WHEREAS, the Moody Blue at 1200 S. Gilbert
liquor
has surrendered bnm permit No. C-2612, expiring May 5 1976
and requests a refund on the unused portion thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL -OF I04A CITY, IOWA, that said `-bm M
liquor _
permit be and the same is hereby cancelled, and
- BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are
hereby authorized and directed to draw a warrant on the General Fund in the
to the Ambrose Inc dba/the
Moody Blue
amount of -$ 633.75 payable
liquor
for refund of beer :pax2bx No. -2612 -
?
It by Brandt and seconded by Neuhauser'
was moved
ere:
that the.- Resolution as read be adopted, and upon roll_ call there were:-
AYES: NAYS: ABSENT:
AYES:
Brandt X
X
-rzarnecki
David-gen X
X
d o se
X _
_Neuhaa
Passed this 26th ' day of August 19 75