Iowa League of Cities
City Ordinances,
Resolutions & Motions:
The Means By Which Cities Take Action
Iowa Municipal Professionals Academy
Dustin Miller
General Counsel
dustinmiller@iowaleague.org
(515) 883-0925
1
Technical Terms:
Definitions and Requirements
Ordinance
A city law of general and permanent
nature. Iowa Code 362.2(16).
Ordinances require a favorable majority
vote by all members of the council for
passage. Iowa Code 380.4. Effective on
publication or subsequent effective date
in the ordinance, subject to the mayor’s
right to veto or take no action 380.6
Technical Terms:
Definitions and Requirements
Motion
A council statement of policy or order
for action. Iowa Code §362.2 (21).
Motions are typically presented orally
for council consideration. Motions
require a favorable majority vote by a
quorum of the council for passage and
the vote must be recorded. Iowa Code
§ 380.4. Effective upon passage by
the council. Iowa Code § 380.6.
Technical Terms:
Definitions and Requirements
Resolution
A council statement of policy or order for
action. Iowa Code § 362.2 (21).
Resolutions are presented in written form
for council consideration. Resolutions
require a favorable majority vote by all
members of the council for passage and the
vote must be recorded. Iowa Code § 380.4.
Written resolutions are required by statute
for some council actions. Effective upon
being signed by the mayor; subject to the
mayor’s right to veto or take no action.
Iowa Code § 380.6.
Technical Terms:
Definitions and Requirements
Measure
Section 362.2 (13)
"Measure" means an ordinance,
amendment, resolution, or motion.
Section 380.4
Each council member's vote on a
measure must be recorded.
Technical Terms:
Definitions and Requirements
Quorum
A majority of all council members.
Iowa Code § 372.13(1.)
A majority of all members. Iowa Code
§ 380.4.
Technical Terms:
Definitions and Requirements
Quorum
When you have a vacancy on a city
council, the whole number
entitled to membership must be
counted to determine the quorum
requirement, not merely the
remaining members. Iowa Code § 380.4
Votes Needed for Passage
Council Voting Scenario #1 Ordinance
5 member council – 3 of 5 are
present – there is a quorum.
Vote is 2 in favor – 1 against.
What is the outcome ?
Votes Needed for Passage
Section 380.4 Majority requirement
-- tie vote -- conflicts of interest.
Passage of an ordinance,
amendment, or resolution requires
a majority vote of all of the
members of the council, except
when the mayor may vote to break a
tie vote in a city with an even number
of council members, as provided in
section 372.4. Passage of a motion
requires a majority vote of a quorum
of the council.
Votes Needed for Passage
Council Voting Scenario #2 Ordinance
5 member council – all 5 are
present.
Vote is 2 in favor, 1 against and 2
abstain stating that they have a
conflict of interest.
What is the outcome ?
Votes Needed for Passage
Section 380.4 Majority requirement
-- tie vote -- conflicts of interest.
As used in this chapter, "all of the
members of the council" refers to
all of the seats of the council
including a vacant seat and a seat
where the member is absent, but
does not include a seat where the
council member declines to vote by
reason of a conflict of interest.
Votes Needed for Passage
Council Voting Scenario #3 - Ordinance
5 member council – all 5 are present.
Vote is 2 in favor, 1 against and 2 abstain
stating that they have a conflict of
interest.
Council member voting against ordinance
accuses one of the abstaining members of
not really having a conflict of interest.
Even if true, would that change the
outcome ?
Votes Needed for Passage
Section 380.4 Majority requirement
-- tie vote -- conflicts of interest.
A measure voted upon is not invalid by
reason of a conflict of interest in a member
of the council, unless the vote of the
member of the council was decisive to
passage of the measure. The vote must be
computed on the basis of the number of
members not disqualified by reason of
conflict of interest…. For the purpose of
this section, the statement of a council
member that the council member
declines to vote by reason of conflict of
interest is conclusive and must be
entered of record.
Votes Needed for Passage
Council Voting Scenario #4 Ordinance
5 member council – all 5 are present.
Vote is 2 in favor, 1 against and
2 abstain - WITHOUT STATING that
they have a conflict of interest.
What is the outcome?
Votes Needed for Passage
Council Voting Scenario #5 –
Resolution to sell vacated alley to
ABC Company.
5 member council – 1 member is absent.
Vote is 3 in favor - 1 against. One of the
members voting in favor is President of
ABC Company. City Attorney determines
it is a conflict of interest for that member
to vote on the resolution.
What is the outcome ?
Votes Needed for Passage
Section 380.4 Majority requirement
-- tie vote -- conflicts of interest.
A measure voted upon is not invalid by
reason of a conflict of interest in a
member of the council, unless the vote of
the member of the council was decisive
to passage of the measure. The vote must
be computed on the basis of the number of
members not disqualified by reason of conflict
of interest…. For the purpose of this section,
the statement of a council member that the
council member declines to vote by reason of
conflict of interest is conclusive and must be
entered of record.
Votes Needed for Passage
Council Voting Scenario #6 –
Motion directing Fire Chief to
investigate purchase of fire
truck.
5 member council – 2 members are
absent.
Vote is 2 in favor - 1 against.
What is the outcome ?
Votes Needed for Passage
Section 380.4 Majority requirement
-- tie vote -- conflicts of interest.
Passage of an ordinance, amendment,
or resolution requires a majority vote of
all of the members of the council,
except when the mayor may vote to
break a tie vote in a city with an even
number of council members, as
provided in section 372.4. Passage of
a motion requires a majority vote
of a quorum of the council.
Effective Date
Code Section 380.6,
a. An ordinance or amendment signed by
the mayor becomes effective when the
ordinance or a summary of the ordinance
is published, unless a subsequent
effective date is provided within the
ordinance or amendment.
b. A resolution signed by the mayor
becomes effective immediately upon
signing.
c. A motion becomes effective immediately
upon passage of the motion by the
council.
The Mayor’s Powers
with Respect to Legislation
Section 380.5 Mayor. The mayor
may sign, veto, or take no action
on an ordinance, amendment, or
resolution passed by the council.
However, the mayor may not veto
an ordinance, amendment, or
resolution if the mayor was
entitled to vote on such measure
at the time of passage.
The Mayor’s Powers
with Respect to Legislation
Section 372.4 Mayor-council form. The
mayor is not a member of the council and
shall not vote as a member of the council.
--------------------------------------------------------------Section 372.5 Commission form.
Section 372.6 Council-manager-at-large
form.
Section 372.7 Council-manager-ward
form.
The mayor is a member of the council and
may vote on all matters before the council.
The Mayor’s Veto Power
Section 380.6 - Effective Date.
• The mayor can veto an ordinance,
ordinance amendment or resolution
within 14 days of its passage. Mayor
must explain veto in written message
to council.
• The council can override a veto (pass
the measure again) by a 2/3 vote of all
council members if it acts within 30
days of the veto.
The Mayor’s Veto Power
Section 380.6 - Effective Date.
• If the council repasses a resolution, it
becomes effective immediately upon
repassage.
• If the council repasses an ordinance or
amendment, it becomes law when the
ordinance or a summary is published,
unless the ordinance provides for a
subsequent effective date.
The Mayor’s Power to Take No Action
Section 380.6 - Effective Date.
• If the mayor takes no action on a
resolution, it becomes effective 14 days
after its passage.
• If the mayor takes no action on an
ordinance or amendment, it becomes
law when the ordinance or a summary
is published, but not sooner than 14
days after the date of passage.
What to Use –
Motion, Resolution or Ordinance ?
Resolution required by statute for:
• approval of subdivision plats per §354.8;
• approval of the sale of city property per
§364.7;
• approval of contacts to construct public
improvements per §26.10;
• expenditure in excess of $100,000 on a
public improvement project and for
acceptance of a public improvement or
facility upon its completion per §380.4; or
• adoption or amendment of the annual
budget per §§384.16(5) and 384.18(4).
What to Use –
Motion, Resolution or Ordinance ?
Practical Considerations:
Use a motion for:
• Simple direction to a city officer or employee,
e.g. “move to call a special council meeting
for 7:00 p.m. on July 24th and to direct the
clerk to publish notice of the meeting” ; or
• Direction to take action of a one-time or
transitory nature, e.g. making an
appointment to a city board or commission,
or approving a request to put banners across
a city street.
What to Use –
Motion, Resolution or Ordinance ?
Practical Considerations:
Use a resolution to:
• Change a long-standing practice or policy
where it may be important to memorialize
exactly what the new practice or policy will
be, or for more important issues, e.g.,
approving payment of a claim, setting
date of a public hearing, or approving an
agreement.
What to Use –
Motion, Resolution or Ordinance ?
Practical Considerations:
Use an ordinance to:
• Adopt a practice or policy that must have the
force of law and be enforceable by judicial
means, e.g. requirements for placing garbage
for collection by the city at a certain time and
in a certain manner, for the payment of fees
for the city’s provision of that service and for
placing liens on property where the bill is not
paid.
What to Use –
Motion, Resolution or Ordinance ?
Housekeeping Considerations:
If the action to be taken is something that may
need to be documented in the future, a resolution
is generally preferred.
• Resolutions typically have descriptive headings
which are included in the council agenda and
which are indexed, making it easier to track
actions taken by resolution. Some cities compile
resolutions in a book of resolutions
• Motions are included in the minutes of the
meeting, but are typically not indexed, making it
difficult to track actions taken by motion.
What to Use –
Motion, Resolution or Ordinance ?
Tactical Considerations:
• A resolution requires a majority vote of all
council members, perhaps making it more
difficult to initially pass - but more difficult
to rescind or overturn. A resolution is
subject to mayoral veto. Once passed, a
resolution provides policy stability.
• A motion requires only a majority of a
quorum, making it easier to pass when
quick action is needed. Although a motion
is not subject to mayoral veto, it can be
rescinded or overturned more easily than
a resolution by subsequent council vote.
What to Use –
Motion, Resolution or Ordinance ?
Tactical Considerations: A Tactic that
WON’T Work.
The terms of a resolution, or of an
agreement adopted by resolution, cannot
supersede the terms of an ordinance.
“…because the city council's resolution
approving the employment agreement
constitutes an illegal attempt to amend, via
resolution, the employment terms established
by ordinance, the employment agreement is
invalid and unenforceable as a matter of law.
Bass v. City of Huxley, 728 NW2d 852
(2007).
Council Rules of Procedure
• Cities often adopt procedural rules (special
local rules and/or Roberts Rules of Order)
to establish how meetings are run and to
put some limitations on consideration and
reconsideration of measures.
• The Iowa Supreme Court has held that
failure by the city council to conform to a
procedural rule of the council, or
parliamentary procedure, will not
invalidate a vote of the council that
otherwise conforms to the Iowa statutes.
Whyfore Whereases?
Whereas clauses are intended to • 1. Identify each step in the legal process
which must be followed for a particular
action and give a brief “history” of actions
previously taken by the city or by the
council with respect to that matter;
• 2. Reference subsequent actions that the
city will have to take or will be expected to
take with respect to that matter; and
• 3. Give background information and
history (who, what, where, why, when and
how) associated with the action proposed
in the resolution or ordinance.
Whyfore Whereases?
•
•
•
•
•
Although Whereas clauses are NOT a legal
requirement, they do serve to accomplish
the following:
Assure the parties who rely on that action that it
has been done in compliance with the law;
Assure the council that it is proceeding legally
and in an orderly manner;
Avoid wasting time at council meeting re-hashing
the procedural history of a matter at each step in
the process;
Assist future efforts of city staff and citizens to
research the background of a matter; and
Creates an historical record for the public and
posterity.
THE ANATOMY OF AN
ORDINANCE
The Anatomy of an Ordinance
1. A TITLE THAT DESCRIBES THE
SUBJECT: (REQUIRED - Iowa Code §
380.1 )
An ordinance to amend the municipal code of
the City of _______, Iowa, by repealing
Subsection I7.30 (3) and re-adopting the same
as revised for the purpose of vesting authority
in every police officer to order dispersal of a
nuisance party; repealing any and all
ordinances or parts of ordinances in conflict to
the extent of such conflict; providing a penalty;
and establishing an effective date.
The Anatomy of an Ordinance
2. SPECIFY THE CODE SECTION,
SUBSECTION OR PARAGRAPH
AMENDED:
•
(REQUIRED - Iowa Code § 380.2.)
Section One. The Municipal Code of the
City of _____, Iowa shall be and the same
is hereby AMENDED BY REPEALING
Section 17.30, subsection 3 and reenacting the same to state as follows:
The Anatomy of an Ordinance
3. PENALTY PROVISION:
(OPTIONAL - Iowa Code §§ 364.3(2) and
364.22)
Alternative No. 1
Section Two. Violation of this ordinance shall be
a municipal infraction punishable by a civil
penalty not to exceed $750 for a person's first
violation thereof and $1000 for each repeat
violation.
Alternative No. 2
Section Two. Any person who fails or refuses to
obey and abide by such order shall be guilty of a
misdemeanor or a municipal infraction,
punishable as provided in section 1.15.
The Anatomy of an Ordinance
4. STATEMENT OF EFFECTIVE DATE:
(REQUIRED - Iowa Code § 380.1(1)(a))
Alternative No. 1
Section Four. This ordinance shall be in
full force and effect from and after its
passage and publication as required by
law.
Alternative No. 2
Section Four. This ordinance shall take
effect on January 1, 20 __.
The Anatomy of an Ordinance
5. MAYOR’S SIGNATURE BLOCK
(REQUIRED - Iowa Code §§ 380.5
and 380.6(1)(a))
Passed this ___ day of
________________, 20__.
By: ____________________
, Mayor
The Anatomy of an Ordinance
•
6. ATTESTATION / CERTIFICATION BY CITY
CLERK (REQUIRED - Iowa Code § 380.7(4))
•
•
ATTEST:
I, __________________________, City Clerk of
the City of _________ __________________,
hereby certify that that the above and foregoing is a
true copy of an ordinance, passed by the City
Council of said City at a meeting held on
____________, 20__ and published as provided by
law in the _______________ on ____________,
20__.
•
__________________________, City Clerk
THE ANATOMY OF A RESOLUTION
The Anatomy of a RESOLUTION
1. A TITLE THAT DESCRIBES THE SUBJECT – (OPTIONAL)
•
•
•
•
•
•
•
•
2. A WRITTEN COUNCIL STATEMENT OF POLICY OR
ORDER FOR ACTION.
3. SIGNATURE BLOCK FOR THE MAYOR –
(REQUIRED - Iowa Code §§ 380.5 and 380.6(1)(b))
Passed this ___ day of ________________, 20__.
By: ___________________________
, Mayor
The Anatomy of a RESOLUTION
4. ATTESTATION / CERTIFICATION BY
CITY CLERK (REQUIRED - Iowa Code §
380.7(4))
•
ATTEST:
•
I, __________________________, City
Clerk of the City of
____________________________, hereby
certify that at a meeting of the City Council of
said City, held on the above date, among other
proceedings the above was adopted.
•
__________________________,
City Clerk
•
The Anatomy of a RESOLUTION