City Ordinances, Resolutions and Motions:
The Means by Which Cities Take Action
Presented By:
Bruce Bergman
General Counsel
Iowa League of Cities
Gateway Inn and Conference Center
Ames, Iowa
July 24, 2012
Course Description:
This course will compare and contrast the use of ordinances, resolutions and motions
which cities use to set policy or take action on various matters. The course will highlight
certain technical requirements relating to ordinances, resolutions and motions, and will
also address practical considerations in their use. The course will include a discussion of
the use of “WHEREAS” clauses to explain the factual background and history of a matter
being acted on by the city council. Finally the course will include instruction on and an
opportunity to engage in the drafting of an ordinance and resolutions relating to the
rezoning of property, and of resolutions and a notice relating to the sale of city property,
using sample ordinance, resolution and notice documents and document templates. Other
sample documents are included in the course materials for the general reference of course
participants.
Acknowledgments:
Parts of the materials for this course were developed by and are being used with the
permission of John Klaus, who retired in 2006 after 33 years of service as the City
Attorney for the City of Ames, Iowa. Sample documents included in the Appendix were
provided by Des Moines City Clerk Diane Rauh and by Des Moines Deputy City
Engineer John McKee.
Course Outline:
I.
Technical Terms: Definitions and Requirements
Page
3
II.
Do We Have a Quorum?
3
III.
Do We Have the Votes Needed to Pass a Measure?
4
IV.
When the Minority Rules.
4
V.
Effective Date of Ordinances, Resolutions and Motions.
4
VI.
What to Use – Motion, Resolution or Ordinance?
Iowa Code Requirements, Practical Considerations, Good
Housekeeping and Tactics.
5
VII.
Roberts Rules Don’t Rule.
7
VIII.
Whyfore “Whereases” ?! Documenting the “Who, What, Where,
Why, When and How” Behind City Council Actions - for the
Benefit of the Council, City Staff, the Public, and Posterity.
7
IX.
The Anatomy of an Ordinance.
9
X.
The Anatomy of a Resolution
XI.
Resolution and Ordinance Drafting Exercise.
2
12
I.
Technical Terms: Definitions and Requirements
Terms
Abstention
Amendment
Council Rules
Measure
Meeting
Motion
Ordinance
Quorum
Resolution
II.
Definitions and Requirements
A council member’s refusal to vote on a measure.
A repeal or revision of an existing ordinance or code of
ordinances. Iowa Code § 362.2 (2).
The council’s policy on how meetings are conducted.
An ordinance, amendment, resolution or motion. Iowa Code
§ 362.2 (13). Each member’s vote on a measure must be
recorded. Iowa Code §380.4.
A gathering in person or by electronic means of a majority of
the members of a governmental body. Iowa Code § 21.2(2).
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.
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 and the vote must be
recorded. Iowa Code § 380.4. Effective upon publication or
upon subsequent effective date set out in the ordinance;
subject to the mayor’s right to veto or take no action. Iowa
Code § 380.6.
A majority of all council members. Iowa Code § 372.13(1.)
A majority of all members. Iowa Code § 380.4.
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.
Do We Have a Quorum?
A “meeting” is a gathering in person or by electronic means of a majority of the members
of the council. A “quorum” is “a majority of all council members”. An unfilled vacancy
is included in computing a quorum, by express language in the Iowa Code. Iowa Code §
380.4.
3
III.
Do We Have the Votes Needed to Pass a Measure?
An ordinance, or a resolution, can only pass upon receiving a yes vote equal to a majority
of “all the members of the Council”, which is defined to include all seats on the Council,
including vacancies. Iowa Code § 380.4.
A motion can be passed by a majority of a quorum. Iowa Code § 380.4.
The vote must be computed on the basis of the number of members not disqualified by
reason of conflict of interest. Iowa Code § 380.4.
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 on the record. Iowa Code § 380.4.
IV.
When the Minority Rules.
Assume you have a mayor / council form of government, with a five member council per
§ 372.4 of the Code. In that circumstance, a simple motion could be passed with only
two yes votes from a five member council if:
a)
b)
only the minimum 3 member quorum is present; or
two or three members abstain from voting due to a conflict of interest.
A quorum is a majority of all members, which on a five member council is 3 members.
A majority of a 3 member quorum is 2 members.
Courts have ruled that when a measure passes on a yes vote of a minority of members
present due to abstentions from voting, the measure is valid because the abstentions are
deemed to be acquiescence in the action favored by those actually voting yes.
See: Municipal Council - Voting Majority, 63 ALR3rd 1072, 1079.
See also: Northwestern Bell V. City of Fargo. N.D., (1973) 211 N.W.2d 399, 63 ALR3rd
1064
V.
Effective Date of Ordinances, Resolutions and Motions.
Iowa Code Section 380.6 Effective Date.
Measures passed by the council become effective in one of the following ways:
1. a. An ordinance or amendment signed by the mayor becomes effective when the
ordinance or a summary of the ordinance is published, as provided in section 380.7,
subsection 3, 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.
2. The mayor may veto an ordinance, amendment, or resolution within fourteen days
after passage. The mayor shall explain the reasons for the veto in a written message to
the council at the time of the veto. Within thirty days after the mayor's veto, the council
may pass the measure again by a vote of not less than two- thirds of all of the members of
the council. If the mayor vetoes an ordinance, amendment, or resolution and the council
repasses the measure after the mayor's veto, a resolution becomes effective immediately
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upon repassage, and an ordinance or amendment becomes a law when the ordinance or a
summary of the ordinance is published, unless a subsequent effective date is provided
within the ordinance or amendment.
3. If the mayor takes no action on an ordinance, amendment, or resolution, a resolution
becomes effective fourteen days after the date of passage and an ordinance or amendment
becomes a law when the ordinance or a summary of the ordinance is published, but not
sooner than fourteen days after the date of passage, unless a subsequent effective date is
provided within the ordinance or amendment.
VI.
What to Use – Motion, Resolution or Ordinance ?
Iowa Code Requirements, Practical Considerations, Good Housekeeping and
Tactics.
The question may arise as to what type of measure ought to be used by the city council to
take a particular action. That is, should the proponents of that action advance it by an
oral motion or by written resolution ?
Legal Considerations:
The answer is sometimes provided by specific statute. For example, resolutions are
required by statute for the following actions: for approval of subdivision plats per §354.8
of the Code; for approval of the sale of city property per §364.7 of the Code; for approval
of contacts to construct public improvements per §26.10 of the Code; for 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 of the Code; or for adoption or
amendment of the annual budget per §§384.16(5) and 384.18(4) of the Code.
In the absence of a controlling statute, the decision whether to use a motion or a
resolution to take a particular action may be determined by what is most practical under
the circumstances, by what constitutes good housekeeping, or as a matter of legislative
tactics.
Practical Considerations:
For instance, a motion is often used to give simple direction to a city officer or employee,
where the action to be taken is of a one-time or transitory nature, 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 “move that City Hall be closed the day after Thanksgiving”.
In contrast, a resolution may be preferred to take action to change a longstanding practice
or policy of the city, where it may be important to memorialize exactly what the new
practice or policy will be. The use of a resolution in that circumstance lends more
precision to the council action, assures that there has been a true “meeting of the minds”
and provides less of an opportunity for imprecision or confusion when an oral motion is
made and must later be written up in the minutes of the meeting. An example of such a
change in practice would be a motion to change the schedule for use of the city’s ballfield
by competing groups, such as the pee wee league, the Little League and the local high
school.
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Of course, when a practice or policy is sufficiently important that it must have the force
of law and be enforceable by judicial means, then the city should make it a law of general
and permanent nature by incorporating the policy or practice into a written ordinance.
An example of policies and practices that would typically be covered in an ordinance
would be the requirements imposed upon citizens for placing garbage for collection at a
certain time and in a certain manner and the fees to be paid by citizens for the city’s
provision of that service.
Housekeeping Considerations:
There are other housekeeping considerations which may make the use of a resolution
preferable to a motion. A properly drafted resolution will typically have a very
descriptive heading, which in turn is typically used in the council agenda to describe the
actions that the council will act on at a meeting. After a council meeting, the agenda for
that meeting is typically indexed to show the action taken as to each item on that agenda.
Iowa law requires that resolutions be kept as a permanent record of the city (see Iowa
Code § 372.13). Under the Record Retention Manual for Iowa Cities, it is recommended
that the index of each council meeting be kept as a permanent record because of their
administrative and historical value. To the extent council actions are taken by resolution,
it will be easier and more convenient for city staff and for the public to conduct research
of council meeting indices to learn what action the council took on a particular matter.
In contrast, the only record of a motion is what is included in the minutes of a council
meeting and it is much more difficult to research the index or council meeting minutes to
determine what action may have been taken by the council by passage of a motion.
Tactical Considerations:
A motion that is passed at a council meeting can be overturned at a subsequent council
meeting by passage of another motion that rescinds the earlier motion or that directs that
a contrary action be taken. Similarly, a resolution that is passed at a council meeting can
be overturned at a subsequent council meeting by passage of another resolution that
rescinds the earlier resolution or that directs that a contrary action be taken. However, a
resolution cannot be overturned by subsequent passage of a motion. Why is that the
case? Because a resolution requires for passage a majority vote of all members of the
council, while a motion only requires a majority vote by a quorum of the council. Courts
therefore give a resolution more weight than a motion because a resolution must have a
broader base of support from the council to obtain passage. See: Glaser v. City of
Burlington, 1 N.W.2d 709, 712 (1942); 4 McQuillin Mun. Corp. 3rd Ed. 13.48. Given
that background, it is apparent that a resolution gives more policy stability because it
takes a broader base of support from the Council to pass, and once passed is more
difficult to overturn.
On the other hand, use of a motion increases the likelihood of some action being taken by
the council, without the risk of failure to obtain the approval of a “majority of all of the
members”. That risk becomes even greater if there is a vacancy on the Council, or
members are likely to be absent from a meeting, or members are indicating a possibility
6
of abstention from voting on the matter. Also, the simple motion evades the Mayor’s
power to veto a resolution or hold it up for 14 days by not taking action to sign it.
Here’s one tactic that won’t work. The terms of a resolution, or of an agreement
adopted by resolution, cannot supersede the terms of an ordinance. Bass v. City of
Huxley, 728 NW2d 852 (2007). The employment agreement, adopted via resolution by the
city council, purported to establish a specific term of employment for the city
administrator. In doing so, the agreement attempted to amend, via resolution, the
employment terms established by the ordinance. An ordinance, however “is not affected
by a resolution; it is amended, repealed, or suspended only by an ordinance.” Valley
Brook Dev., Inc. v. City of Bettendorf, 580 N.W.2d 730, 731 (Iowa 1998); see also
Vaughn v. City of Cedar Rapids, 527 N.W.2d 411, 413-14 (Iowa Ct.App.1994) (holding
that resolution purporting to appoint executive director of civil rights commission for a
fixed period of time could not change at-will employee status established by ordinance).
Therefore, 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.
VII. Roberts Rules Don’t Rule.
The Council can legally reconsider its vote on a measure and do and undo, consider and
reconsider a measure as often as it wants to. 4 McQuillin Mun. Corp. 3rd 13.48. To limit
and control such occurrences, Councils can adopt their own local procedural rules or
parliamentary practice as to the right and method of reconsideration, and to control other
procedures. See Iowa Code § 372.13(5). See also Appendix 1, Procedural Rules of Des
Moines City Council.
Some cities adopt Roberts Rules, or a set of special local rules, or a combination of
Roberts Rules and special local rules. It should be noted that “Roberts Rules” are not law
and are not required by law to be followed. In some states, courts have held that if the
Council has adopted “Roberts Rules” or other local rules, and fails to follow such rules,
the vote on the measure is invalid. But, that is not the law in Iowa. 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. McGraw v. Whitson, 69 Iowa 348, 28 N.W.
632(1886); Mann v. City of LeMars, 109 Iowa 244, 80 N.W. 327(1899)
VIII. Whyfore “Whereases” ?!
Documenting the “Who, What, Where, Why, When and How” Behind
City Council Actions - for the Benefit of the Council, City Staff, the
Public, and Posterity.
It is suggested that resolutions, and in some circumstances ordinances, should include (a)
a brief “history” of actions previously taken by the city or by the council with respect to
that matter, (b) a reference to subsequent actions that the city will have to take or will be
expected to take with respect to that matter, and (c) background information and history
(who, what, where, why, when and how) associated with the action proposed in the
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resolution or ordinance. Such information is typically included in “WHEREAS” clauses
that precede the statement of the action resolved to be taken in a resolution, or that
precede the enacting clause of an ordinance. Many reasons support the inclusion of such
information in a resolution or ordinance.
Documentation of Compliance with Legal or Procedural Requirements.
Whereas clauses in a resolution should be used to document compliance with legal and
procedural requirements related to particular actions, such as the sale of city property or
the rezoning of property, where the validity of those actions is dependent upon
compliance. Failure to publish a notice or hold a hearing as required by law can result in
the invalidation of an action taken by the council. Setting out in each resolution the prior
history of the steps taken to comply with statutory requirements lends credibility to the
process as it proceeds, and
(a)
Serves to assure the parties who rely on that action that it has been done in
compliance with the law. This may be particularly important to those parties, say
when they seek financing to build improvements on property they purchased from
the city and then had rezoned to permit the development they are seeking to
finance.
(b)
Makes it easier for staff to defend the legitimacy of council actions when a
subsequent challenge is made to those actions.
Informing the City Council of the past procedural background of a matter at each step in
that procedure assures the council that it is proceeding legally and in an orderly manner,
and prevents wasting time re-hashing the procedural history of a matter at each step in the
process. Its also allows council members to review past actions taken with respect to a
matter, which may be particularly helpful in getting new council members “up to speed”.
Including the Factual Background and History of a Matter Assists the City Council
in its Policy Consideration of a Proposed Action.
Informing the City Council of the factual background and history of a matter (who, what,
where, why, when and how) puts a proposed action in perspective, resulting in more
informed and effective discussion and decision-making. In some instances, a resolution
or ordinance may be forwarded to the city council accompanied by a staff memorandum
or other correspondence from a city board or commission, or from an interested party, in
which the writer gives the council the factual background and history of the matter being
considered, explores the policy alternatives available and makes a recommendation
regarding the matter. Because a staff memo can comprehensively cover such matters,
that is probably the preferred method for conveying such information to the city council.
Even if such memos are made available to the council, it should be recognized that not all
council members will have the opportunity to read memos that pertain to all matters
before the council for consideration. In that circumstance, the inclusion of some of the
relevant background, history and policy considerations in the resolution or ordinance is a
good backstop to assure informed and effective discussion and decision-making. Finally,
the resolution or the ordinance is often the only document the public will see. The
inclusion of some of the most relevant background, history and policy considerations in
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the resolution or ordinance will serve to inform the public and posterity of the basis for
the council’s action.
Including the Factual Background and History of a Matter Assists City Staff in the
Administration of City Programs and in Responding to Inquiries from Council
Members and Citizens.
The inclusion of the factual background and history of a matter allows city staff or
citizens to quickly research the history of actions taken to (a) assure that there has been
consistent compliance with law, (b) document the course of policy-making and decisionmaking in the community.
Including the Factual Background and History of a Matter Creates a Historical
Record of Council Actions for the Public and for Posterity.
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IX. The Anatomy of an Ordinance
1.
A title that describes the subject – Iowa Code § 380.1 (Required)
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 ORDINANES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY;
AND ESTABLISHING AN EFFECTIVE DATE.
2.
Specify the code section, subsection or paragraph amended - Iowa Code
§ 380.2. (Required)
BE IT ENACTED by the City Council for the City of _____, Iowa, that:
Section One. The Municipal Code of the City of _____, Iowa shall be and the
same is hereby AMENDED BY REPEALING Subsection 17.30 (3) and re-enacting the
same to state as follows:
"(3) A party or social gathering that is or becomes a public nuisance as defined in
subsection (1) above shall cease and disperse immediately upon the order of any officer
of the Police Department; and all persons not domiciled at the site of such social
gathering or party shall leave the premises immediately. Any person who fails or refuses
to obey and abide by such order shall be guilty of a violation of this section”.
3.
Penalty provision - Iowa Code §§ 364.3(2) and 364.22. (Optional)
Alternative No. 1
Section Two. Violation of this ordinance shall be a municipal infraction
punishable by a penalty of $100 for a person's first violation thereof and $200 for each
repeat violation. Alternatively, violation of this section can be charged by a police officer
of the City as a simple misdemeanor.
Alternative No. 2
Section One. The Municipal Code of the City of _____, Iowa shall be and the
same is hereby AMENDED BY REPEALING Subsection 17.30 (3) and re-enacting the
same to state as follows:
"(3) A party or social gathering that is or becomes a public nuisance as defined in
subsection (1) above shall cease and disperse immediately upon the order of any officer
of the Police Department; and all persons not domiciled at the site of such social
gathering or party shall leave the premises immediately. 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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Sec. 1-15. General penalty.
(a) Whenever in this Code or in any city ordinance any act is prohibited or is made or
declared to be unlawful or an offense or whenever in this Code or in any city ordinance
the doing of any act is required or the failure to do any act is declared to be unlawful, if
the act is not declared to be a misdemeanor or a municipal infraction and if no specific
penalty is provided therefor, the violation of any such provision shall be deemed to be a
misdemeanor punishable by a fine not to exceed the maximum amount of dollars or
imprisonment not to exceed the maximum number of days as provided in Section 903.1,
subsection 1, paragraph a. of the Iowa Code.
(b) Whenever in this Code or in any city ordinance any act is prohibited and is declared
to be a misdemeanor or whenever in this Code or in any city ordinance the doing of any
act is required and the failure to do that act is declared to be a misdemeanor, the violation
of any such provision shall be punishable by a fine not to exceed the maximum amount of
dollars or imprisonment not to exceed the maximum number of days as provided in
Section 903.1, subsection 1, paragraph a. of the Iowa Code.
(c) Whenever in this Code or in any city ordinance any act is prohibited and is declared
to be a municipal infraction or whenever in this Code or in any city ordinance the doing
of any act is required and the failure to do that act is declared to be a municipal
infraction, the violation of any such provision shall be punishable by a civil penalty of not
more than $750.00 for each violation or, if the infraction is a repeat offense, by a civil
penalty of not more than $1,000.00 for each repeat offense. However, a municipal
infraction which is classified as an environmental violation or which arises from
noncompliance with a pretreatment standard or requirement, referred to in 40 CFR 403.8,
by an industrial user may be punishable by a civil penalty of not more than $1,000.00 for
each day a violation exists or continues. Each day a violation of a provision of this Code
or of a city ordinance continues shall be considered a separate municipal infraction.
(d) In addition to seeking the imposition of a civil penalty as provided in this section,
the city attorney may seek all other appropriate remedies allowed by law in regard to the
abatement, correction, or discontinuance of activities which constitute municipal
infractions.
(e) Municipal infractions may be initially brought upon simple notice and if the person
charged admits the violation, upon payment of the penalty to the city treasurer and the
performance of any other act required by law to be performed, such person shall not be
further prosecuted or assessed any costs or other expenses for such violation, and the city
shall retain all penalties thus collected. Where a municipal infraction is not admitted upon
simple notice by the person charged or where the person charged fails to perform any
other act required to be performed, or both, an action seeking a penalty shall be brought
in the state district court. Any action seeking a penalty for a municipal infraction, with or
without additional relief, may be initially brought in the state district court. This section
does not impose a duty to initially charge all municipal infractions upon simple notice.
(f) Notwithstanding subsections (c) and (d) of this section, a municipal infraction will
not be initiated for any infraction classified as an environmental infraction and referred to
in I.C. Ch. 455B until an offer is made to participate in informal negotiations with the
person. If the person accepts the offer, the city and the person shall participate in good
faith negotiations to resolve issues alleged to be the basis for the violation. If the city is
11
unable to contact the person or is unable to resolve the issues alleged to be the basis for
the violation, a municipal infraction may be initiated against the person.
4.
Statement of the effective date - Iowa Code § 380.1(1) (a). (Required)
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 on January 1, 20 __.
5.
Signature block for the mayor - Iowa Code §§ 380.5 and 380.6(1) (a).
(Required)
6.
Attestation / certification by city clerk - Iowa Code § 380.7(4). (Required)
Passed this ___ day of ________________, 20__.
By: ____________________________
, Mayor
Attest by: ___________________________
, City Clerk
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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X.
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 - Iowa Code §§ 380.5 and 380.6(1) (b).
(Required)
4.
Attestation / certification by city clerk - Iowa Code § 380.7(4). (Required)
Passed this ___ day of ________________, 20__.
By: ____________________________
, Mayor
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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XI.
PUBLIC HEARINGS REQUIRED TO BE HELD BY CITIES
1.
Public Hearing Required Prior to Enactment of an Ordinance:

Authorizing condemnation of agricultural property: Iowa Code §6B.2A

Transferring facilities of the Quad City Interstate Metropolitan Authority: Iowa
Code §28A.21

Establishing precinct boundaries: Iowa Code §49.5

Withdrawing from application of the state building code: Iowa Code §103A.12

Creating an airport authority: Iowa Code §330A.6

Withdrawing from airport authority §330A.7

Authorizing sale, lease or grant of property to an airport authority: §330A.11

Enacting a tax levy in support of an airport authority §330A.15

Vacating streets or public lands: Iowa Code §354.23

Granting a franchise: Iowa Code §364.2, para. 4.a.

Adopting a code of ordinances if it contains a new or amended ordinance: Iowa
Code §380.8, para. 2.b.

Adopting a standard code of portions of the Iowa Code: Iowa Code §380.10

Establishing a sewer or water assessment district: Iowa Code §384.38, paragraphs
1 & 2.

Establishing a sewer or water connection fee district: Iowa Code §384.38, para. 3.

Establishing a self-supported municipal improvement district: Iowa Code §386.3



Discontinuing an administrative agency: Iowa Code §392.7
Designating an urban revitalization area: Iowa Code §404.3
Establishing zoning regulations or changing the zoning or property or approving a
site development plan: Iowa Code §§414.4, 414.5
Making appropriations by a special charter city for necessary expenditures for the

next ensuing fiscal year: Iowa Code §420.41

Providing for the partial exemption from property taxation of the actual value
added to industrial real estate by the new construction of industrial real estate
research-service facilities, warehouses, distribution centers and the acquisition of
14
or improvement to machinery and equipment assessed as real estate: Iowa Code §
427B.1

Providing for partial or total property tax credits to small business owners owning
or operating underground storage tanks: Iowa Code §427B.20

Providing for special valuation of wind energy conversion property: Iowa Code
§427B.26
2.
Public Hearing Required Prior to Passage of a Resolution:

Approving plans, specifications, form of contract and cost estimate for a public
improvement project: Iowa Code §26.12

Approving the issuance of bonds for a joint transit authority: Iowa Code §28E.17,
para. 3.a.

Vacating an official plat: Iowa Code §354.22

Approving disposition of an interest in real property: Iowa Code §364.7

Approving discontinuance of a city or abandoning proposal to dissolve a city:
Iowa Code §368.3

Entering into or extending an annexation moratorium agreement: Iowa Code
§368.4

Approving or denying an application for voluntary annexation to a city: Iowa
Code §368.7, para. 1.d.

Reducing the number of council members from 5 to 3 (in a city with a population
less than 500): Iowa Code §372.4, para. 4.

Approval of city utility budget: Iowa Code §384.2

Approving city budget for the next fiscal year: Iowa Code §384.16, para. 5.

Amending city budget: Iowa Code §384.18, para. 2.

Instituting action for the issuance of general obligation bonds: §384.25, para. 2.

Approving resolution of necessity, estimate of cost, plat and schedule of
assessments for a special assessment project: Iowa Code §§384.49 - .51.
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
Requiring property owners to make water connections as part of a city paving
project: Iowa Code §384.55

Ordering construction of a public improvement in a self-supported municipal
improvement district (if there is no plan and zoning commission to hold such
hearing): Iowa Code §386.6

Approving an urban renewal plan Iowa Code §403.5

Approving the establishment of an urban revitalization area: Iowa Code §404.2

Approving the issuance of bonds under authority of Chapter 419: Iowa Code
§419.9
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XI.
RESOLUTION AND ORDINANCE DRAFTING EXERCISE.
Council Action Scenario No. 1 – Sale and Conveyance of City Property.
The mayor comes to your office on Thursday afternoon, July 29th, and requests
that you prepare and place on the agenda for next council meeting (Monday, August 2nd)
an item to sell a piece of city-owned property. The mayor advises you that Mr. Jim
Taylor, who owns a business at 450 Elm Street, has offered to purchase two vacant lots
which lie next to his building on Lot 9, for the total sum of $8,000. From your records in
the city clerk’s office, you know that the City acquired Lots 10, 11 and 12 in Block 2 of
Fair Acres Subdivision (452, 454 and 456 Elm Street) at tax sale two years ago, that one
of the lots has a garage on it, and that the county assessor had placed a total value of
$15,000 on the three lots at that time. The mayor provides you with a copy of a letter
appraisal that Mr. Taylor recently obtained from John Jones Real Estate, indicating that
the fair market value of the two lots that Mr. Taylor wants to purchase is $8,000.
1.
The mayor instructs you to prepare all of the paperwork necessary to complete the
sale, and tells you that if you have any questions or need any assistance, you can call the
City Attorney. To determine what documents have to be prepared to complete this sale
of property, you consult Sections 362.3 and 364.7 of the Iowa Code, which provide as
follows:
362.3 PUBLICATION OF NOTICES.
Unless otherwise provided by state law:
1. If notice of an election, hearing, or other official action is required by the city code,
the notice must be published at least once, not less than four nor more than twenty
days before the date of the election, hearing, or other action.
2. A publication required by the city code must be in a newspaper published at least once
weekly and having general circulation in the city. However, if the city has a population
of two hundred or less, or in the case of ordinances and amendments to be published in a
city in which no newspaper is published, a publication may be made by posting in three
public places in the city which have been permanently designated by ordinance.
In the case of notices of elections, a city with a population of two hundred or less meets
the publication requirement of this section by posting notices of elections in three public
places which have been designated by ordinance.
364.7 DISPOSAL OF PROPERTY.
A city may not dispose of an interest in real property by sale, lease for a term of more
than three years, or gift, except in accordance with the following procedure:
1. The council shall set forth its proposal in a resolution and shall publish notice as
provided in section 362.3, of the resolution and of a date, time and place of a public
hearing on the proposal.
2. After the public hearing, the council may make a final determination on the proposal
by resolution.
3. A city may not dispose of real property by gift except to a governmental body for a
public purpose. However, a city may dispose of real property for use in an Iowa
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homesteading program under section 16.14 for a nominal consideration, including but
not limited to property in an urban renewal area.
Assume that the City has the mayor / council form of government (5 council
members and elected mayor) and that the City Council meets on the first and third
Mondays of each month. Assume that all notices are published in the Gazette, and that
notices and ordinances sent to the newspaper by close of business on Wednesday will be
published the following Tuesday.
Instructions:
1.
Determine the appropriate date for all required Council actions and hearings.
2.
Using the following document samples, prepare all of the necessary resolutions
and notices necessary for City Council approval of the sale.
3.
Fill-in all required dates and all required information regarding the sale on all
documents.
4.
Write down any questions that you have for the City Attorney.
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