HomeMy WebLinkAbout2020-09-08-J04 Mayoral Powers and Duties_Option B_2ND-3RD READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 8, 2020
AGENDA ITEM:Consideration of approval of an ordinance amending Waukee Municipal
Code Chapter 108.5, Powers and Duties of Mayor, by adding thereto
Subsection O clarifying the mayor’s powers during a time of emergency
or public danger, and repealing Waukee Municipal Code Chapter 607
(Option B) [second, third (final) readings]
FORMAT:Ordinance
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The Code of Iowa requires a vote of not less than three-
fourths of all the members of the council (or 4 out of 5, in Waukee’s
case) in order to waive readings of an ordinance.
RECOMMENDATION: If the Option A ordinance passes all three readings, the City Attorney
recommends that there be no motion to approve this Option B ordinance,
leading to the matter dying due to lack of a motion.
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY:Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J4
ORDINANCE NO. ____
ORDINANCE AMENDING WAUKEE MUNICIPAL CODE CHAPTER 108.5, POWERS
AND DUTIES OF MAYOR BY ADDING THEREO SUBSECTION O CLARIFYING
THE MAYOR’S POWERS DURING A TIME OF EMERGENCY OR PUBLIC DANGER
AND REPEALING WAUKEE MUNICIPAL CODE CHAPTER 607
WHEREAS, Iowa Code Section 372.14(2) authorizes the Mayor to take command of the
police and govern the City by proclamation upon making a determination that a time of emergency
or public danger exists; AND
WHEREAS, the municipal code does not currently specify the framework for the Mayoral
exercise of those powers; AND
WHEREAS, it is in the best interest of the city to provide the structure and means of
enforcement in the event the Mayor deems it appropriate to issue a proclamation.
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section 1: Chapter 108.5, Waukee Municipal Code, Powers and Duties of Mayor, is
hereby amended by adding thereto 108.5(O) as follows:
O. Powers during emergency or public danger.When the Mayor determines that a time
of emergency or public danger exists within the City, the Mayor may, by proclamation:
1)Declare a state of emergency;
2)Take command of the police and fire departments;
3)Govern the City; and
4)Exercise any and all emergency powers the Mayor may deem appropriate under the
circumstances, including but not limited to the following:
a)Direct emergency response activities by the police and fire departments and
by such emergency services personnel as the Mayor may designate or
appoint.
b)Execute contracts for the emergency repair of public improvements should
the same become necessary prior to the next regularly scheduled council
meeting.
c)Procure by purchase or lease, or authorize procurement by purchase or lease,
of goods and services deemed necessary to the City’s emergency response
efforts or for the repair of City buildings or facilities.
d)Lease or authorize the lease of property deemed necessary for the City’s
emergency response effort or for the continued operation of City
government.
e)Prescribe such restrictions, rules and regulations that the Mayor may deem
appropriate during the time of emergency or public danger and the same shall
be legal and binding and shall have the effect of law.
5)Violation of a Mayoral proclamation evidencing the exercise of emergency powers,
or of any rule or order issued pursuant thereto by the Mayor, law enforcement
officer or emergency service personnel, shall constitute a violation of this section
and shall be punishable as a simple misdemeanor as provided in Waukee Municipal
Code Section 103.4(a). The Mayor may establish a fine for violations of the
proclamation issued hereunder in an amount not to exceed the maximum fine
provided in Iowa Code Section 103.4(a), however, if no fine is specified in the
proclamation, the violation shall be subject to the penalties set forth in Waukee
Municipal Code Section 103.4(a).
6)Mayoral proclamations issued pursuant tot his Section shall remain in effect until
withdrawn by the Mayor, provided however, that such proclamation shall be
withdrawn by the Mayor, and the Mayor shall cease to exercise emergency powers
hereunder, at such time as the conditions giving rise to the emergency or public
danger are no longer present.
Section 2. Repealer. Waukee Municipal Code Chapter 607 is hereby repealed in its
entirety. In addition,all ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed by the Council the _____ day of _____________________ 2020, and approved this _____
day of _____________________ 2020.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk