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Home My Public Portal AboutOrdinances-2016-381 CITY OF TIFFIN ORDINANCE 2016-381 AN ORDINANCE DECLINING THE JOHNSON COUNTY, IOWA MINIMUM WAGE ORDINANCE AND ESTABLISHING A CITY OF TIFFIN MINIMUM WAGE. Whereas, the Iowa Constitution grants municipal corporations home rule power and authority to determine their local affairs and overmnent; and 9 1 Whereas, Iowa law allows cities to enact private or civil laws governing civil relationships when done incident to an exercise of an independent city power; and Whereas, Iowa law grants cities independent powers to protect and preserve the rights, privileges, and property of the city or of its residents; to preserve and improve the peace, safety, health, welfare, comfort and convenience of its residents; and to set standards and requirements which are higher and more stringent than those imposed by state law; and Whereas, pursuant to Sections III and IV of Johnson County Ordinance 09-10-15-01, which Section IV states "this ordinance shall not be applicable within the geographic boundaries of any Johnson County municipality that has adopted a conflicting ordinance, or to work performed by employees within said Johnson County municipality," the following ordinance is adopted. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF TIFFIN, IOWA: Section I. Purpos : The purpose of this ordinance is to set a minimum wage applicable to certain employees and employers within the City of Tiffin, and to decline to follow Jolu-ison County Ordinance 09-10-15-01. Section 11. Authority: This ordinance is adopted pursuant to the City of Tiffin's home rule authority as set out in Article III, Section 38A of the Iowa Constitution and consistent with the City of Tiffin's police powers and its ability to adopt standards that exceed the standards set forth by the State, both as set out in Iowa Code §364. Section 111. Ordinance. Johnson County Ordinance 09-10-15-01 "Establishing A Johnson County Minimum Wage" is hereby declined. The following minimum wage ordinance is hereby added to the City of Tiffin Code of Ordinances: MINIMUM WAGE ORDINANCE 1. Minimum Wage Requirements a. The City of Tiffin hourly wage shall be at least $9.00 as of May 1, 2016. b. Every employer, as defined in the federal Fair Labor Standards Act of 1938, as amended to January 1, 2007, shall pay to each of the employer's employees, as defined in the federal Fair Labor Standards Act of 1938, as amended to January 1, 2007, the City of Tiffin hourly wage stated in paragraph "a", the current state hourly wage, pursuant to Iowa Code Pa go I of 3 Z:\Resolutions&Ordinances\ORD 2016-381 - Nfinlm=Wage Ordinance Tiffin.doex §91D.1, as amended, or the current federal minimum wage, pursuant to 29 U.S,C. §206, as amended, whichever is greater. c. For purposes of determining whether an employee of a restaurant, hotel, motel, inn, or cabin, who customarily and regularly receives more than thirty dollars a month in tips is receiving the minimum hourly wage rate prescribed by this section, the amount paid the employee by the employer shall be deemed to be increased on account of the tips by an amount determined by the employer, not to exceed forty percent of the applicable minimum wage. d. An employer is not required to pay an employee the applicable City of Tiffin hourly wage provided in paragraph "a" until the employee has completed ninety calendar days of employment with the employer. An employee who has completed ninety calendar days of employment with the employer prior to May 1, 2016,. shall earn the applicable City of Tiffin hourly minimum wage as of that date. An employer shall pay an employee who has not completed ninety calendar days of employment with the employer an hourly wage of at least $6.35. 2. Exceptions a. The exemptions from the minimum wage requirements stated in Iowa Code §91 D.1(2) shall apply to this Ordinance. 3. Enforcement of Violations a. Any violation of this ordinance shall be considered a municipal infraction, punishable as provided in the City Code. Additionally, this ordinance may be enforced pursuant to Iowa Code Chapter 91 A. Section IV. Re 1e1 ales. All ordinances or parts of ordinance in conflict with the provisions of this Ordinance are hereby repealed. Section V. 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, provision or part thereof not adjudged invalid or unconstitutional. Section VI. When Effective. This ordinance shall be in effect on the later of May 1, 2016, or after its final passage, approval, and posting as provided by law. On the 8"' day of March 2016, at a regular/special meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Havens introduced Ordinance No. 2016-382, and moved that it be given its first reading. The motion was seconded by Councilperson Bartels. Ayes: Upton, Bartels, Havens, Ryan Nays: Fabler page.2 of'3 Z:\Resolutions &Ordinances\0RD 2016-381- d+JIinmi aum Wage Ordinance Tiffin.doex Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2016-382, was read the first time, discussed, and placed on record. On the 22`1 day of March 2016, at a regular/special meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Upton introduced Ordinance No, 2016-382, and moved that it be given its second reading. The motion was seconded by Councilperson Bartels. Ayes: Ryan, Havens, Bartels, Upton Nays: Mahler. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2016-382was read the second time and discussed and placed on record. On the 5th day of April 2016, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Upton introduced Ordinance No. 2016-382, and moved that it be given its third and last reading. The motion was seconded by Councilperson Bartels. Ayes: Havens, Bartels, Upton Nays: Mahler. Four members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and the ordinance was passed and adopted. Whereupon the Mayor declared that Ordinance No. 2016-382, be adopted and signified his approval of same by fixing his signature thereto. Passed by the Council on the 5 1h day of April 2016 and approved by the Mayor on the 5"' day of April 2016. CITY OF TIFFIN IOWA: By: STEVE BERNER, Mayor ATTEST: DOUGLAS 4bLdy, City Administrator/Clerk 1, Douglas Boldt, City Administrator/Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE DECLINING THE JOHNSON COUNTY, IOWA MINIMUM WAGE ORDINANCE AND ESTABLISHING A CITY OF TIFFIN MINIMUM WAGE and known as No, 2016-382 was duly passed by the Council on the 5,"' day of April 2016, and signed by the Mayor on the 5th day of April 2016, and published on the 14th day of April 2016, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2016-382 in the following places: The Depot, Tiffin, Iowa Casey's, Tiffin, Iowa Solon State Bank, Tiffin, Iowa Douglas Boldt, City Administrator/Clerk Pe((gy 3 ql'3 Z:\Resolutions Ordinances\ORD 2016-381 - Minimum Wage Ordinance Tiffin.docx