City Ordinances,
Resolutions & Motions:
The Means By Which Cities Take Action
Presented By:
Bruce Bergman
General Counsel
Iowa League Of Cities
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.
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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.
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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.
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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.
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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
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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 ?
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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.
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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 ?
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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.
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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.
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 ?
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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.
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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 - WITHOUT STATING that they have
a conflict of interest.
What is the outcome ?
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VOTES NEEDED FOR PASSAGE
Council Voting Scenario #3 – 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 ?
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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.
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VOTES NEEDED FOR PASSAGE
Council Voting Scenario #4 – 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 ?
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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:
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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.
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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 __.
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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
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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
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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: ___________________________
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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
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