HomeMy WebLinkAbout1992-10-13 Resolution
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RESOLlITION NO.
92-275
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RESOLlITION TO ISSUE CIGARE'ITE PERMITS
WHEREAS, the follDldng fims and perSDns have made application
and paid the mulct tax required by lm~ for the sale of cigarettes and
cigarette papers; therefore,
BE IT RESOLVED BY TIffi CI1Y COUNCIL OF IOWA CI1Y, IO\~A, that the
applications be granted and the City Clerk be and he/she is hereby
directed to issue a permit to the follo\r.ing named persons and firms to
sell cigarette papers and cigarettes:
Diamond Dave's Taco Company - 1604 Sycamore Street #330 Sycamore Mall
Great \,all - 220 Stevens Drive
It was moved by Amhrdoen and seconded by ~lJit.
that the Resolution as rea be adopted, and upon roll call t ere were:
Attest: 7?~1t~ ~ -f/-AA/
CIty Cler
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RESOLlJfION NO. 92-276
RESOLlJfION AOOPTING SUPPLEMENT NUMBER 54 TO TI-IE
ORDINANCES OF TI-IE C!IT OF IOWA CITY, IOWA
\~REAS, the Municipal Code CDrporation has prepared the 54th
ment to the Code of Ordinances of the City of Iowa City, Iowa 8.J
I~REAS, it is deemed appropriate to adDpt supplement number 51
resolution as a part of the said Code' of Ordinances, ---
NOW, TI-lEREFORE, BE IT RESOLVED BY TI-IE CITY COUNCIL OF TI-IE CITY (
CITY, IOI~A:
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1. That supplement number 54 to the Code of Ordinances of the City
of Iowa City, Iowa, attached tD this Resolution as Exhibit A, and by
this reference made a part hereof, is hereby officially adopted as a
part of the said Code of Ordinances.
2. That the ~~yor is authorized tD sign, and the City Clerk to attest,
this ResolutiDn.
It was mDved by ^cl:hriogo and seconded by Horo",! ~,
the Resolution be a opte , and upDn roll call there were: "
AYES:
NAYS:
ABSENT :
-L
X
x
-r.-
-L
X
Ambrisco
Courtney
HorOld tz
Kubby
Larson
McDDnald
Novick
-L
-L
Passed and approved this 13th
day of October
, 19 ..2.L.
AITEST: 7l1a1~ + ~w
Cl ty C1er
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SUPPLEMENT NO, 64
September 1992
CODE OF ORDINANCES
City of
IOWA CITY, IOWA
/-,
Looseleaf Supplement
This Supplement contains all ordinances from the calendar
quarter, April 1 through June 30, 1992 which are suitable for
inclusion in the Codej the latest ordinance in this Supplement is:
Ordinance No. 92.3542, adopted June 9, 1992.
See the Code Comparative Table for further information.
Remove old pages Insert new pages
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(following Table of Contents)
981-983
985-1011
1641-1643
1645-1646.4
1835-1838.1
"1847-1848.1
2209-2210.1
2247-2250,2
2529-2530,4.1
2530.9
2545-2546,2
2667-2674
2970,3, 2970.4
2993,2994
3013-3016
3027-3028.1
981-983
984.1-1007
1641-1643
1645-1646,2
1835-1838
1847-1848.1
2208.1-2210.1
2247-2250,2
2529-2530,4
2530,9
2545-2546,2
2667-2674
2970,3, 2970.4
2993,2994
3013-3016
3027, 3028
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3053, 3054 48
3055, 3056 53
3056.1, 3056,2 53
3056,3 53
3057, 3058 34
3059, 3060 18
3061, 3062 53
3063, 3064 53
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SOLID WASTE.
Arllelo I. In Genern!
See, 15.1, Purpose,
See. 15.2, Definitions,
Sec. 15.3. County ordinances.
See, 15.4, Enforcemeot,
Sec. 15.5. Director's rule.making authority.
See, 15,6, Prohibited proctices,
Se", 15.7-15.9. Reserved,
Artlelo II. Commereln! Solid Waste Hnuler.
See. 15.10, Permit required,
See, 15.11. Application,
See, 15.12, I"unnce of permit and fcc,
See, 15.13, TransferabIlity,
Sec., 15.14-15.19, Reserve<l,
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See. 15.20,
See, 15.21.
Artlala III, Starngo
Containers required,
Required usa nnd maintenanco of contniners nnd surrounding
arens.
'Editor'. nolo-Ord, No, 90,3459, ~ 1, ndopted May 29, 1990, repenled former
Ch, 15, Garbago, trash aod refuso, and ennete<lin lieu thorcof a new Ch, 15
pertlllning to simUar subject mnller hareln set out, Prior to repeal Ch, 15 was
derived from tho 1966 Code, ~~ 6.46, 7.14, nod tho following:
Ord. No. Onto See, Ord, No. Onto See,
76.2790 11.26.75 1-11,14 61.3042 11.10,61 1
77.2835 5.10.77 2 85.3220 1.15,65 2A, n
77.2846 7.12077 2 65,3263 12. 3.65 2
77.2669 11.15.77 2,3 66.3264 4.22,66 2
76.2875 1. 3.76 2 87.3336 9. 8,87 1-3
79,2958 6.19.79 1A-D 89,3414 5.16,89 1
79,2971 9.18.79 1 89,3427 7.25,89 1-5
nnd numerous aeellona which boro no history nato, Ord, No, 91.3490, ! 2, adopted
Mer, 5, 1991, speclficnlly prevlded thnt Ch, 15, garbage, trash nnd refuae, be
rennmod Ch, 15, solid wnate, It ahould bo noted that aueh ehnnge break. the
nlphnbellcolacquence of ehopter lilies within tho Code,
Cro.. roCeronee.-rood nod food estnbUahments, Ch, 13, honslug, Ch, 17;
nolay gnrbogo enna, ~ 24,4.4Ibl: sewers nnd sowage dlspoanl, ~ 33.16 at ocq,
Supp, No, 54
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Sec. 15.22. Specifications for containers,
Sec, 15,23, Storago or limbs and brush,
Sec, 15,24, Location or solid waslo containers,
Sees, 15,25-15.29, Rcoerved,
Arllelo IV, ColleellCIl and Trnnsportnllon
See, 15,30, Collection rrom rcoidential dwellings,
See, 15.31. Collection or lirco, nppllnneco nnd bulky rubbish,
Sec. 15.32, Collection or lree nnd brush limbs,
Sec, 15.33, Ynrd wasto,
Sec, 15.34, Recycling waste.
Sec. 15,35, Corlnin wnslco not subject to collection,
Sec. 15.36. Times nnd location of collection containers.
Sec, 15.37, Rcoponsibilily ror compliance,
See, 15,38, Collection rram certaln premises by tho city prohibitod,
Sec, 15,39, Responsibility or collectOrs,
See, 15,40, Residential collection reco,
Ree. 15.41. Deposit upon cstnbllshmcnt of account.
See, 15~2, Deposit upon delinquency or account,
Sees, 15.43-15,40, Reserved,
Arllelo V. Disposal
Sec, 15,50, Disposal racilities,
Sec. 15.51. Hazardous or special waste. '",,-,/
See, 15,52, Diaposalor lead acid batteries and wasto ail,
Sec. 15,53, Disposal or appllancco at tho landfill,
Sec. 15,54, Disposal or tires at tho landfill.
Sec, 15.55, Disposal or yard wasto at tho landfill,
See, 15,56, Appllancco, yard wasto, and tirco to bo separatod rrom ather solid
wasto ror disposal.
Sec, 15,57, Ponalties ror Impropor disposal or disposal or prohihited or haz.
ardous wllste.
See, 15,58, Disposal reco,
Sees, 15,59-15,69, Rcoerved,
Arllelo VI, Littering
See, 15,70,
Sec, 15,71,
Sec, 15.72,
See, 15.73,
Short tille,
Definitions.
Prohibiled In public places generally,
Placement or litter In receptacles 80 as to provont scattering roo
quired,
Sweeping litter IlIto J,'Uttcra, streets or other public plnces prohib.
iled,
Throwing litter rrom vehlel..,
Operallon of trucks cauSing litter prohibiled,
Throwing IHler in pari" prohibited,
See, 15,701,
See, 15.75,
See, 15.76,
See, 15.77,
Supp, No, 5-1
982
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SOLID WASTE
See. 15.78,
See, 15.79,
See, 15,80,
See, 15,81.
See, 15.82,
See, 15,83,
See, 15,84,
Throwing litler In lakes and fountain, prohibited.
Dropping litter from aircraft,
Depositing litter on occupied privoto property.
Owners le molntain premi,es froo of litler,
Throwing or depositing litter on vacant lots prohibited,
Clooring by city of vacant prlvato property upon owner'. folluro,
Depositing lItler 01 city landfill .ites,
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ARTICLE I. IN GENERAL
Sec. 15.1. Purpose.
'The purpcse of this chapter is to provide for the health, safety,
and welfare of the citizens of the city by providing for the collec.
tion and disposal of solid waste; by regulating the storage, collec.
tion, transportation, processing, disposal, recycling, reuse and lit.
tering of solid waste; and by providing for the collection and
disposal of solid waste. (Ord, No. 90.3459, ~ 1, 5.29.90; Ord. No.
92.3539, ~ 1, 5.12.92)
Sec. 15.2. Definitions.
The following definitions shall be applicable to this chapter
unless a contrary meaning is indicated by the text. The word
"shall" is mandatory; the word "may" is permissive, Terms not
defined shall have the meanings customarily assigued to them in
Webster's New Collegiate Dictionary. Uses not defined or listed
shall have the meanings as defined in or categorized according to
the Standard Industrial Classification (SIC) Manual, Superinten.
'---, dent of Documents, U,S. Government Printing Office,
Appliances means machines common to residential household
use, and shall include refrigerators, stoves, microwave ovens, dish.
washers, clothes washers, clothes dryers, water heaters, furnaces,
air conditioners, dehumidifiers; console television sets, stereo sys.
tems,lawn mowers; and any device contnining a gasoline engine,
an electric motor or an electric capacitor.
Building demolitioll materials means waste material from the
construction, destruction or demolition of residential, commercial
or industrial buildings or structures, except brick and foundation
materials,
Bulky rllbbish means nonputrescibl. refuse consisting of com.
bustible and/or noncombustible waste materials which are either
too large or too heavy to be safety and conveniently loaded into
solid waste transportation vehicles by solid waste collectors.
Commercial solid wastc means solid waste resulting frem the
eperation ef any commercial, industrial, institutional, agricul.
tural or other establishment, and shall also include solid wasto
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IOWA CITY CODE
resulting from multiple dwelling facilities having more than four
(4) dwelling units,
Demolition means substantial destruction of a building or struc.
ture, and a substantial removal of the interior of a building or
structure.
Director means the city manager or his/her authorized des.
ignee.
Disposable solid waste container means disposable plastic or
paper sacks specifically designed for storage of solid waste having
a capacity of five (5) to thirty.five (35) gallons.
Dwelling means a building which is wholly or partially used or
intended to be used for residential occupancy.
Dwelling unit means any habitable room or group of adjoining
habitable rooms located within a dwelling and forming a single
unit possessing facilities which are used, or are intended to be
used, for living, sleeping, woking and eating of meals.
Garbage means putrescible animal or vegetable wastes re'
suiting from the handling, preparation, cooking, serving, or con.
sumption of food,
Hazardous wastes includes but is not limited to pathological
wastes, explosive wastes, pesticides, pesticide containers, toxic
radioactive materiale, and those wastes included by definition in
Section 455B.41l(4a) Code ef Iewa (1989) and Rules of the Iewa
Department of Natural Resources.
Landfill shall mean the Iowa City Lendfilllecated in Johnson
County, Iowa,
Landfill service area means Johnson County including both in.
corporated and unincorporated cities located theroin, together with
the cities ef Riverside and IWona, for which Iowa City provides
landfill services herein.
Occupant means any person who alone, or jointly or severally
with others, shall bo in actual possession of any dwelling unit or
any other improved or unimproved real property, either as owner,
landlord, tenant, resident or operator.
Supp, No, 54
986
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Offending party is any person, operator, responsible party, res.
ident, entity or occupant who has been given notice of a violation
of this chapter and who has not yet cured or remedied the offense.
Offending property is that property which is in violation ofthis
chapter and which offense has not been cured or remedied,
Operator means any user, responsible party, occupant, entity,
business, firm, corporation, governmental entity, association, part.
nership, venture, or any combination thereof, or any agent, fidu.
ciary or representative thereof, who occupies, possesses, uses or
owns property within the Iowa City Landfill Service Area and/or
who stores or generates solid waste within the Iowa City Landfill
Service Area.
Owner shall mean any recognized interest of ownership in real
or personal property, including legal and equitable property in.
terests.
Person shall include individual persons, user, responsible party,
entity, business, firm, corporation, association, partnership, ven.
ture or any combination thereof or any agent, representativo or
fiduciary thereof.
Premises includes any interest in real property, including but
not limited to buildings and improvements, whether intended for
or used for residential, commercial or industrial use.
Praccssing means bailing, compacting, composting, inciner.
ating, recycling, separating, shredding, together with all other
processes whereby solid waste characteristics are either modified
or solid waste quantity is reduced.
Recycling means any process by which solid waste is collected,
separated, processed or returned to use in the form of raw mate.
rials or products, Recycling shall include the composting of yard
waste, but does not include any form of energy recovery,
Refuse means solid waste not required to bo recycled or reused,
Rcsidcncc means any dwelling either intonded for and/or being
used for residential use.
Rcsident means any person or group of persons who occupy a
residential dwelling, dwelling unit, or rooming unit,
Supp, No, 54
987
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IOWA CITY CODE
Residential solid waste means solid waste resulting from the
maintenance and operation of single. family, duplex, triplex, and
four.plex dwellings, including solid waste from operation of ahome
occupation which complies with the requirements of the appli.
cable zoning ordinance.
Responsible party means any person, persons or governmental
entity who applies for, who obtains or who is issued an account for
sewer, water and/or solid waste service, and includes any person
who pays an individual account for anyone or a combination of
the following services: Water; sewer and solid waste collection.
Responsible party shall also mean an account holder of the above
accounts. If more than one person is listed on an account, both
persons shall be deemed a responsible party for purposes of col.
lection, storage and disposal of solid waste and compliance with
this chapter.
Revocation means withdrawal of privileges, termination ofland.
fIll permits and withholding of access to the landfIll site. Revo.
cation may be carried out by the director upon determination by
the director that sufficient cause exists to revoke, after notice and
an opportunity to cure the defect or to rebut the existence of the
offending cause.
Rooming unit means any habitable room or group of adjoining
habitable rooms located within a dwelling and forming a single
unit possessing facilities which are used, or intended to be used,
primarily for living and sleeping, A rooming unit shall have bath
and toilet facilities available for exclusive use by the occupants or
for communal use. In addition, a rooming unit may have kitchen
and dining facilities available for use by the occupants therein.
For purposes of this chapter, two (2) rooming units shall be deemed
the equivalent of one dwelling unit,
Solid woste means unwanted or discarded waste matorials in a
solid or semi.solid stote, including but not limited to garbage,
ashes, refuse, sludge, yard waste, appliances, special waste, demo
olition and construction wastes, and residential, commercial, and
industrial wastes.
Solid waste container means a receptacle used by any person or
operator to store solid wasto during the interval between solid
waste collections.
Supp, No, 5-l
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Solid waste disposal means the process of discarding or getting
rid of unwanted material; in particular, the final disposition of
solid waste.
Solid waste management means the entire solid waste system
of planning and administering storage, coliection, removal, trans.
portation, processing and disposal of solid waste.
Special waste means solid waste that must be handled or pro.
cessed in a special manner prior to disposal at the landfill.
Storage means krJeping, maintaining, or storing solid waste
from the time of its production until the time of Its collection and
removal.
Transportation means the transporting of solid waste from the
place of collection or processing to the Iowa City Landfill,
Yard waste means grass, leaves, trees, brush and garden res.
idue, (Ord. No. 90.3459, ~ 1, 5.29.90; Ord. No. 92.3539, ~ 1, 5.12.92)
See, 15.3. Conntyordinanees.
Provisions of this chapter together with any provision of any
ordinance administered by the Johnson County Board of Health
which is not in conflict with this chapter, shall govern the city's
management of solid waste, (Ord, No. 90.3459, ~ 1, 5.29.90j Ord,
No. 92.3539, ~ 1,5.12.80)
Sec. 15.4. Enforcement.
"
In order to ensure compliance with this chapter wid the rules
promulgated [pursuant] thereto, togethor with all applicable
county, state and federal laws and regulations, the director is
authorized to inspect all phases of solid waste management within
the jurisdiction ofIawa City, In all cases where such inspections
reveal that the storage, collection, transportation, processing, dis.
posal, recycling or reuse of solid waste arc in violation of this
chapter or rulcs promulgated [pursuant] thereto and/or are in
violation of state or federal law, such violation shall constituto a
nuisance and/or an environmontal infraction undcr both state
and local law, In such ovent, the city may, at its option, elect to
carry out anyone or all of the following romedies: prosecute en.
Supp, No, 54
989
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IOWA CITY CODE
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vironmental infractions under section 1.20 (d) of this Code; with.
hold solid waste management services from that person, dwelling,
commercial or industrial, business, institution or government en.
tity; deny or revoke any permit under this chapter; terminate a
service account; dispose of any nonconforming solid waste con.
tainer; or abate the nuisance in accordance with Chapter 24, AI.
ticle VI of the Iowa City Code of Ordinances; abate the nuisance
under state law, Chapter 657, Iowa Code (1989), Election of any
one of these remedies by the city shall not preclude the city from
pursuing any other remedy, and such remedies are deemed cu.
mulative and not exclusive.
Notice of any such city determination that a prohibited nui.
sance exists shall be given to the otTending party as follows:
(1) Be given in writing to the person, responsible party, resi.
dent, operator, business or entity at their last known ad.
dress;
(2) State that the city has determined that a violation of this
chapter exists;
(3) Describe the violation, with reference to the applicable pro.
visions of this chapter, rules, or other applicable county,
state, or federal law;
(4) Advise what actions are required to be taken by the of.
fending party to remedy the violation.
The notice shall be deemed to be properly served if it is person.
ally served; if it is posted in a conspicuous place on the offending
property or bullding; or if a copy thereof is sent by ordinary mail,
with sufficient postage affixed, to the last known address of the
person, responsible party, occupant, operator, entity, business or
governmental entity. (Ord. No. 90.3459, ~ 1, 5.29.90; Ord. No.
92.3539, ~ 1,5.12.92)
See, 15.5. Director's rule.maklng authority.
The director may make, amend, revoke and enforce reasonable
and necessary rules and regulations governing, but not limited
to:
(1) Specifications for solid waste containers, including tho typo,
composition, equipment, size, weight and shape thereof,
Supp, No, 54
990
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(2) Weight end size limitations on bundles of solid waste too
large for solid waste storage containers,
(3) Sanitation, maintenance and replacement of solid waste
containers.
(4) Schedules and routes for collection and transportation of
solid waste by city personnel.
(5) Collection points of solid waste containers,
(6) Special identification requirements for use of solid waste
containers,
(7) Collection, transportation, processing and disposal of solid
waste,
(8) Storage of solid waste.
(9) Records of quantity and types of solid waste received at
disposal facilities,
(10) Handling of hazardous wastes, special wastes, toxic wastes,
sludges, ashes, agricultural waste, construction waste,
'.,..",/ bulky items, tires, automobiles, oils, greases, yard waste,
hatteries, appliances, and recyclables.
(11) Spcciai carryout service for the elderly and handicapped,
(12) Collection of residential solid waste resulting from the op.
eration and maintenance of more than four (4) dwelling
units.
(13) Billing and collection of disposal service charges at the
landfill,
(14) Hours of operation for the landfill,
A copy of any and all rules and regulations issued under the
provisions of this section shall be filed in the offico of the city
clerk, and shall be available for public inspection during normal
business hours, (Ord, No, 00.3459, * 1, 5.20.90; Ord, No, 02.3530,
* 1,5.12.92)
Supp, No, 54
991
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IOWA CITY CODE
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Sec. 15.6. Prohibited practices.
It shall be prohibited for any person, responsible party, opel"
ator, resident, occupant or entity, or any agent or representative
thereof, to:
(1) Deposit solid waste in any solid waste container other than
in a solid waste container either owned by the depositor, or
properly and lawfully leased by the depositor,
(2) Interfere in any manner with the collection, storage, or
transportatioa of solid waste: interfere with the equipment
for the use of such collection, storage or transportation: or
interfere with solid waste collectors in the lawful perfor.
mance of their duties.
(3) Throw,cast, place, lay or permit placement of any refuse
into or on any receptacle specifically designated by the city
or private entity as a receptacle to be used only for deposit
of recyclable or reusable waste.
(4) Deposit recyclables or reusable waste in containers or at
locations not specificnlly designated for such waste.
(5) Litter. (Ord. No. 90.3459, ~ 1, 5.29.90: Ord. No, 92.3539, ~
1, 5.12.92)
Sees. 15.7-15.9, Reserved.
ARTICLE II. COMMERCIAL SOLID WASTE HAULERS
See. 15.10. Permit required.
No person, business, responsible party, occupant, operator, or
entity shall engage in the business of receiving, collecting, trans.
porting, processing, recycling, or disposing of solid waste within
the Iowa City Landfill Sorvice Area without first obtaining an
annual permit from the city; provided, however, that this section
shall not be deemed to apply to employees of the holdel' of any
sllch permit. No permit shall be required for episodic or irregular
collection and transportation of building demolition material or
brick or foundation materials, or of dirt or rock materials from
Supp, No, 54
992
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grading or excavation activities. However, a permit shall he reo
quired for persons who provide bUilding demolition services or
who collect and dispose of building demolition materials on a
regular basis, (Ord, No. 90.3459, ~ 1, 5.29.90; Ord. No, 92.3539, ~
1, 5.12.92)
Sec. 15.11. Application.
Each applicant for any permit required by section 15.10 shall
state in its application:
(1) The characteristics of solid waste to be collected, trans.
ported, processed, disposed of or recycled.
(2) The number of solid waste transportation vehicles to be
operated.
(3) The precIse area served, and the name of any person, op.
erator, business, entity or government entity served, if any.
(4) That its employees have an understanding of applicable
local, state, and federal laws and practices governing the
collection and disposal of solid waste,
.----- (5) Such other information as may be required by the director,
(Ord, No, 90.3459, ~ 1, 5.29.90; Ord, No. 92.3539, ~ I,
5.12.92)
See. 15.12. Issnanco of permit and foo.
If the application for the permit required by section 15.11 and
city inspection shows that the applicant will collect, transport,
process or dispose of solid wastes withont hazard to the public
health or damage to the environment, and that such collection,
transpertation process or disposal will conform with nil appli.
cable state, federal and local laws and this chapter, then the
rlil'ector shall issuo the permit authorized by this article, A permit
sticker shall be applied to tho Upper right.hand cornor of the I'ight
door of all solid wasto transportation vehicles. The permit shall
be issued for a poriod of one year, and each applicant shall pay an
annual fee as provided in the schedule of fees, Section 32.1.55,
Nothing in this section shall prejudice the right of the applicant
to reapply after the denial of its application, provided that all
Supp, No, 54
993
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IOWA CITY CODE
aspects of the reapplication sholl comply with the provisions of
this chapter. (Ord. No. 90.3459, ~ 1, 5.29.90; Ord, No, 92.3539, ~
1, 5.12.92)
Sec. 15.13. Transferability.
Permits authorized under this chapter shall be deemed per.
sonal to the applicant, and shall not be transferable or assignable
in any manner unless specifically approved by the director, (Ord.
No. 90.3459, ~ 1, 5.29.90; Ord. No. 92.3539, ~ 1, 5-12.92)
Sees. 15.14-15.19. Reserved.
ARTICLE III. STORAGE
Sec. 15.20. Containers required.
The resident, occupant, operator, or owner of every dwelling
uait, residence, and of every institutional, commercial, business,
industrial or agricultural establishment producing solid waste
sholl provide containers of sufficient number and adequate quality ''-',0'
for the storage of all solid waste, sufficient to properly serve each
such dwelling unit and/or establishment; and sholl maintain such
solid waste containers in reasonable repair. This provision sholl
not apply to bulky rubbish, appliances, demolition or construction
waste, lOrd, No, 90.3459, ~ 1, 5.29.90; Ord, No, 92.3539, ~ 1,
5.12.92)
See. 15.21. Required use and mainteuance of containers
and surrounding areas.
Tho occupant, resident, operator or owner of every dwolling
unit, residence, and of every institutional, commorcial, indus.
trial, agricultural or businoss establishmont shall placo all solid
waste to be collected in proper solid wasto containers, except os
otherwise provided in this article; and shall maintain such solid
waste containors and the areas surrounding such containers in 0
reasonably clean, neat and sanitary condition at all times, (Ord,
No. 90.3459, ~ 1, 5.29.90; Ord, No. 92.3539, ~ 1, 5.12.92)
Supp, No, 5,1
994
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See. 15.22, Speeifications for containers.
(a) Residential refuse. Residential refuse shall be stored in con.
tainers of not more than thirty.five (35) gallons in capacity, nor
less than twenty (20) gallons in capacity, Containers shall be
leakproof, waterproof, and fitted with a ny.tight lid, and shall be
properly covered at all times except when depositing waste therein
or removing the contents thereof. The containers shall have han.
dies, bails or other suitable lifting devices or features. Containers
shall be of a type originally manufactured for residential solid
waste, with tapered sides for easy emptying. The containers shall
be of light weight, sturdy construction. The weight of any indi.
vidual container, including contents, shall not exceed sixty (60)
pounds. ,Galvanized metal containers, or rubber, fiberglass, or
plastic containers which do not become brittle in cold weather are
deemed appropriate. Disposable solid waste containers, as ap.
proved by the director, may also be used for storage of residential
solid waste,
(b) Residential yard waste. Residential yard waste collected by
the city shall be stored in yard waste plastic bags to be provided
by the city for a fee. The plastic yard waste bags will bo available
for purchase at various retail storos in Iowa City. The fee for such
yard wasto plastic bags shall be as ostablishod in tho schedulo of
fees, section 32.1.55, In liou of plastic bags, an annual stamp may
be purchased for placement on a nondisposablo container com.
plying with the requirements of subsection (a) of this section, The
feo for said stamp shall ba establishod in tho schodulo of fees,
section 32.1.55,
(c) Recycling waste. Residential solid wasto dosignated by tho
city for recycling shall bo stored in containers, which may be an
approvod compartmentalized container, of not more than thirty.
fivo (35) gallons in capacity, nor loss than five (5) gallons in ca.
pacity. Containors shall bo leakproof, waterproof, and fittod with
a tight lid, and shall bo proporly covcrod at all timos except when
depositing wasto therein or removing tho contonts thoreof. Tho
containors shall bo ofIight weight, sturdy construction, Tho weight
of any individual container, including contonts, shall not exceod
sixty (60) pounds, Galvanized motal containol's, 01' rubboI', fibor.
glass, or plastic containors which do not bccomo brittlo in cold
weather are deomed appropriato, Disposable solid waste con.
Supp, No, 51
995
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IOWA CITY CODE
tainers shall not be used for storage of recycling waste. Each item'
designated by the city for recycling shall be stored in a separate
or approved compartmentalized container,
(d) Commercial. Commercial solid waste shall be stored in solid
waste containers as approved by the director. The containers shall
be waterproof, leakproof and shall be covered at all times, except
when depositing waste therein or removing the contents thereof.
Commercial solid waste containers stored on city property shall
be waterproof and leakproof, and shall be covered at all times
with a water.tight lid locked in position, except when depositing
waste therein or removing the contents thereof. Commercial solid
waste containers shall be steam cleaned at least twice each year:
once during the month of May and once during the month of
August,
(e) Noncollforming COlltaillers. Any container that does not con.
form to paragraphs (a), (c) and (d) of this section must be promptly
replaced by an approved solid waste container upon receipt of
written notice from the city. If not replaced within seven (7) cal.
endar days after delivery of such notice, the container and its
contents may be disposed of by the city as waste. (Ord. No, 90.
3459, ~ 1, 5.29.90; Ord, No, 92.3539, ~ I, 5.12.92)
Sec. 15.23. Storago of limbs and brush.
Tree and brush limbs measuring less than four (4) inches in
diameter, together with brush being stored for pickup, shall be
securely tied in bundles not larger than forty.eight (48) inches
long and eighteen (181 inches in diameter when being stored other
than in storage containers, The weight of any individual bundle
shall not exceed sixty (60) pounds, (Ord, No. 90.3459, ~ I, 5.29.90;
Ord. No, 92.3539, ~ 1,5.12.92)
See, 15.24. Loeatlon of solld wasto containers.
Residential salld waste centainers shall be stored upon private
property, Commercial solid waste containers shall be stored upon
private property unless both the owner of the container and the
owner or operator of the premises shall have been granted written
permission from the city council, by way of written agreement, to
use public property for such purposes. The storage site for both
Supp, No, 51
996
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residential and commercial solid waste containers shall be well
drained, whether stored on public or private property, Further,
the storage site for the container shall be fully accessible to col.
lection equipment, to public health personnel and to fire inspec.
tion personnel. Regardless of whether permission has been granted
by the city for storage on publie property, commercial solid waste
containers shall not be placed in the area between any building
and the street right.of.way, including areas commonly referred to
as "parking" between the curb and the private property line. In
cases where a container cannot physically be located anywhere
but between the building and street right.of.way, the director
may approve a location if properly screened. Containers located
within fifty (50) feet of a street right.of.way must be screened
from view from the right.of.way. In the event a solid waste con.
tainer becomes a nuisance by reason of Jitter, the city may reo
quire the entire eontainer storage area to be enclosed by a fence
or strueture sufficient to prevent litter. However, nothing herein
shall be construed to create any duty on the city to collect com.
mercial Bolid waste, which is specifically prohibited under section
15.38. (Ord, No, 90.3459, ~ 1, 5.29.90; Ord. No, 92.3539, ~ 1,
5.12.92)
Sees. 15.25-15.29. Reserved.
ARTICLE IV. COLLECTION AND TRANSPORTATION
Sec. 15.30. Collection from residential dwellings,
The city shall collect all residential refuse resulting from the
operation and maintenance of single.family, duplex, triplex, and
four.plex dwellings, as defined in the zoning ordinance, when
each dwelling 01' dwelling unit is located on its own lot with
frontage on a public street, The city shall make such collections
once per week whenever reasonably possible. The director is au.
thorized to adopt regulations and to enter into written agree.
ments to provide residential solid waste collection to other dwell.
ings, Residential refuse collection shall be mandatory, Private
collection of residential refuse, as defined in section 15.2, is pro.
hibited.
Supp, No, 54
997
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IOWA CITY CODE
Those dwellings receiving city refuse collection service on the
effective date of this article, which would not be entitled to reo
ceive such service under the terms of this section, may continue to
receive city refuse collection service. In the event such service is
voluntarily discontinued by the owner of any such dwelling for
any period of time, the city may terminate refuse collection ser.
vice to such dwelling,
The director may exempt qualifying dwellings from the city's
mandatory collection herein if the director determines that the
dwelling and an adjacent establishment which generates commer.
cial solid waste is part of ono complox of buildings, which togethor
servo a unified purposo. lOrd. No. 90.3459, ~ 1, 5.29.90; Ord. No,
92.3539, ~ 1, 5.12.92)
Sec. 15.31. Collectlon of tiros, appliances and bulky rub.
bish,
Appliances and tires discarded from uso at premises to which
collection services are provided by tho city will be collected by the
city at such residential premises, but only upon prior request and
arrangement with the city. The owner, responsible party, occu.
pant or operator of such premises will be billed for collection and
disposal of each such appliance and tire in the amount provided in
the schedule of fees, section 32.1.55 of the City Code,
,
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Bulky rubbish from premises to which collection services are
provided by the city will be collected, but only upon prior request
and arrangement with the city, provided that the bulky rubbish
does not exceed reasonable limitations of weight and bulk, as
determined by the director, lOrd, No, 90.3459, ~ 1, 5.29.90; Ord,
No. 92.3539, ~ 1, 5.12.92)
See, 15.32. Collection of treo and brush 11mbs,
Treo and brush limbs shall bo collected as b\.lky rubbish. Tree
and brush limbs created hy commercial treo service operations or
by the elearing ofland for construction will not bo collected by the
city, (Ord, No, 90.3459, ~ 1, 5.29.90; Ord, No. 92.3539, ~ 1,5.12.92)
Supp, No, 61
998
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Sec. 15.33. Y nrd waste.
Residential yard waste shall be collected separately from other
solid waste in the same manner as residential refuse and in ac.
cordance with tbe provisions of section 15.30. However, collection
of yard waste by the city is not mandatory. Only residential yard
waste properly stored in bags provided by the city, as provided by
section 15.22, and free from all other solid waste shall be collected
for disposal. Residential yard waste not properly bagged or placed
in stamped containers shall not be collected by the city. (Ord. No.
90.3459, ~ 1, 5.29.90; Ord. No. 92.3539, ~ 1, 5.12-92)
Sec. 15.34. Reeyellng waste.
Residential recycling waste may he collected separately from
other solid waste in the same manner as residential refuse and in
accordance with the provisions of section 15.30 except that col.
lection shall occur once every other week. Residential recycling
waste collected separately shall include newsprint, clear glass
containers, metal cans and plastic containers (#1 and #2). Clear
glass containers, metal cans and plastic containers must be thoI"
oughly rinsed prior to disposal. The residential recycling of waste
itemized in this section is not mandatory. Only properly stored
recycling waste shall bo collected; lOrd, No. 92.3539, ~ 1, 5.12.92)
Sec. 15.35. Certain wastes not subject to eolleetlon.
The city will not collect any of the following materials from any
dwelling, residence or residential premises served by city solid
waste collection service: lead acid batteries; waste oil; or any
substance or material determined by the director to be hazardous
or unacceptable for collection. The director may adopt and enforce
regulations, based on health and safety concerns, specifying ad.
ditional substances and materials not subject to collection, as
provided under section 15.5.
Lead acid batteries and waste oil are subject to disposal at city
solid waste disposal facilities as provided in Article V of this
chapter.
No person, occupant, responsible party, resident, operator or
entity shall obtain or attempt to obtain city collection of solid
Supp, No, 54
999
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IOWA CITY CODE
waste or other substances or materials herein declared not sub.
ject to collection. Any such separate attempt and/or action by
such offending party shall constitute a separate offense of this
'provision and section 15.4. The city's costs for retrieving such
substances or materials from the collection vehicle or from the
city's disposal site, and/or for cleaning up the collection vehicle or
disposal site, shall be chargeable to the responsible party for the
solid waste collection account for the residence, dwelling or pre.
mises where such substances or materials were placed for collec.
tion, or where actually collected, If no account has been estab.
lished, notice of a violation of this provision shall be given to the
offending party, as provided in sections 15.4 and 15.6 herein,
(Ord. No. 90.3459, ~ 1, 5.29.90; Ord. No. 92.3539, ~ 1, 5.12.92)
Sec. 15.36. Times and location of collection containers.
Refuse containers, tree and brush limbs and yard waste con.
tairiers, as described in sections 15.22 and 15.23 respectively,
together with other solid waste permitted to be placed at the curb,
shall be placed for collection at the curb of the street upon which
the residence, dwelling or premises fronts. Refuse containers yard
waste containers and recycling waste containers must be physi.
cally separated in order to enable the solid waste collector to
easily identify differing contents as well as differing containers,
Yard waste containers and recycling waste containers must be
clearly marked as such. Placement of solid waste at the curb for
collection shall occur prior to 7:00 a.m. on the regularly scheduled
collec'tion day, but shall not occur before 3:00 p,m. on the day
before the regularly scheduled collection day, Containers shall be
removed from the curb on the srone day collection is made, and
returned to a location reasonably ,near the side or back of any
permanent building on the premises. (Ord. No. 90.3459, ~ 1,
5.29.90; Ord. No. 92.3539, ~ 1, 5.12.92)
Sec. 15.37. Responsibility for compliance.
It shall be tho responsibility of tho owner, oporator or respon.
siblo plirty for any residence or dwelling containing two (21, threo
(3) or four (4) dwelling units to olTectuate compliance with tho
provisions of section 15.36, For single.family dwellings, the owner,
occupant, operator, or the person who is tho responsible party for
Supp, No, 64
1000
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the solid waste collection account or the person who pays the solid
waste collection fee shall be responsible for compliance with the
provisions of section 15.36. In the event the fee is unpaid, the
owner, occupant, or operator of the premises or the responsible
party for the premises, shall be responsible for compliance with
this chapter, and shall be deemed the responsible party for pur.
poses of securing compliance, (Ord. No. 90.3459, ~ 1, 5.29.90; Ord.
No, 92.3539, ~ 1,5.12.92)
......._~...
Sec. 15.38. Collection from certain premises by the city pro.
hibited.
The city shall not collect any commercial solid waste, excepting
collection from the city's own property. Nor shall the city collect
any residential solid waste from any dwelling units within a struc.
ture which, in addition to the residential solid waste, contains the
operation of any commercial, industrial, institutional, agricul.
tural or other establishment and which generates commercial,
industrial, institutional, or agricultural waste or any combina.
tion thereof, or which operation generates other than residential
solid waste. (Ord. No. 90.3459, ~ 1, 5.29.90; Ord. No. 92.3539, ~ 1,
5.12.92)
Sec. 15.39. Responsibility of collectors,
(a) Solid waste collectors shall be responsible for the collection
of solid waste from the point of collection to the transportation
vehicles, but only if the solid waste was stored in compliance with
sections 15.20, 15.21, 15.22, 15.23, and 15.24 of this chapter.
Any spillage or bloWing litter caused or resulting from the col.
lection activities of the solid waste collector shall forthwith be
retrieved by the offending party and placed in the transportation
vehicles by the solid waste collector,
(b) All solid waste transportation vehicles shall be maintained
in a safe, clean and sanitary condition, and shall be constructed,
maintained and operated to prevent spillage of solid waste. All
vehicles used for transportation of solid waste shall be constructed
with watertight bodies, and with covers which shall either be an
integral part of the vehicle with only loading hoppers exposed, or
shall be a separate cover of suitable material with fasteners de.
Supp, No, 54
1001
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IOWA CITY CODE
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signed to secure all sides of the cover to the vehicle, If the cover
of the solid waste transportation vehicle is separate, if shall be
secured whenever the vehicle is transporting solid waste. No solid
waste shall be transported in the loading hoppers,
(c) Permits shall not be required for the removal, hauling or
disposal of dirt and rock material from grading or excavation
activities; however, all such material shall be conveyed in tight
vehicles, trucks or receptacles, constructed and maintained in.
such a manner that nona of the material being transported can
spill Upon the public right-of.way.
(d) Storage of transportation vehicles used or intended to be
used for collection and transportation of garbage is prohibited in
all residential zones. (Ord. No. 90.3459, g 1, 5.29.90; Ord, No.
92.3539, g 1, 5.12.92)
Sec. 15.40. IWsldentlal collection fees.
The fees for the collection of residential solid waste from resi.
dential premises, as defined in section 15.2, shall be as provided
in the schedule of fees, section 32.1.55. (Ord. No, 90.3459, g I,
5.29.90; Ord, No, 92.3539, g 1, 5.12.92)
. ,
Sec. 15.41. Deposit upon establishment of account.
Upon initial establishment with the city of 0 residential water
service account, 0 residential sewer service account, or aresiden.
tial solid waste collection account, or anyone of these accounts, or
Upon reestablishment of one or several such accounts with tho
city, the person or responsible party ~stablishing the account sholl
be required to execute 0 service agreement with the city, and also
make 0 combined account deposit before commencement of city
services, Tha amount of the deposit shall be DB provided in the
schedule of fees, section 32,1.55. The deposit shall be held either
until three (3) years after establishment of the account or until
service is terminated and the acceunt closed, whichever is earlier,
At such time of termination or three (3) year's duration, the
amount of the deposit shall be credited to the responsible party's
account, (Ord. No. 90.3469, ~ I, 5.29.90; Ord. No. 92.3539, ~ 1,
6.12.92)
Bupp, No, 54
1002
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Sec. 15.42. Deposit upon delinquency of account.
A delinquency deposit may be cbarged upon repeated delin.
quency of any water service account, sewer service account, and/or
residential solid waste collection account. Upon the occurrence of
two (2) delinquency charges for anyone of these accounts during
anyone calendar year, the responsible party for the account(s)
shall be required to make a combined account deposit which is
equal to the average two.month billing for the entire account. The
average two.month billing shall be based upon the actual billings
during the prior twelve.month period.
If the responsible party already has a combined deposit being
held, that deposit amount shall be increased to the proper amount
for a delinquency deposit,
Delinquency deposits shall be held either one year after the
establishment date or one year after the last delinquency charge
for a delinqueht account, whichever is later. The deposit shall be
released to the responsible party when service is terminated or
when the account is closed, at which time the deposit shall be
credited to the account. (Ord. No. 90.3459, ~ 1,5.29.90: Ord. No.
'oj 92.3539, ~ I, 5.12.92)
Sees, 15.43-15.40. Reserved.
ARTICLE V. DISPOSAL
See, 15.50. Disposal facilities.
Solid wastes shall be deposited at a processing facility or dis.
posal area consistent with all requirements of local, state, and
federal law. Only persons, firms, businesses, operators or ontities
residing, located or operating within the landfill service area may
dispose of solid waste at the landfill, and only provided that such
solid waste wus generated by activities or eperatlons occurring
within the landfill service area. (Ord, Ne. 90.3459, ~ 1, 5.29.00;
Ord, Ne, 92.3539, * 1, 5.12.92)
Supp, No, 51
1003
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IOWA CITY CODE
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Sec. 15.51. Hazardous or special wlIBte.
The director may adopt regulations classifying certain wastes
as hazardous or special wlIBtes and may, pursuant to such regu.
lations, prohibit the disposal of such wlIBtes at the Iowa City
LandfIll or require special handling thereof, lIB provided in sec.
tion 15.5. (Ord. I'lo. 90.3459, ~ 1, 5.29.90; Ord. No. 92.3539, ~ 1,
5.12.92)
Scc. 15.52. Disposal of lead acid batteries and waste 011,
Persons, businesses, operators or entities residing, located or
operating within the landfill service area may dispose oflead acid
batteries and waste 011 from their private or commercial vehicles
by delivering same to locations approved by the director, provided
that such wlIBtes were generated by activities or operations 10.
cated and operating, in whole or in part, within the landfill ser.
vice area. (Ord, No. 90.3459, ~ 1, 5.29.90; Ord. No. 92.3539, ~ 1,
5.12.92)
Sec. 15.53. DIsposal of appliances at the landfill.
"-...'
Persons, firms, businesses, operators or entities residing, 10.
cated or operating within the landfill service area may dispose of
appliances at the landfill, provided that such wastes were gener.
ated by activities or operations occurring within the landfill ser.
vice area. Appliances deposited at the landfill in a crushed con.
dition, or so damaged as to prevent removal of capacitors or
ballasts, shall be subject to a surcharge fee, to be established in
the schedule offees, section 32.1.55. lOrd. No. 90.3459, ~ 1, 5.29.90j
Ord. No. 92-3539, ~ 1,5.12.92)
Sce, 15.54. Disposal of tires at the landflll.
Persons, firms, businesses, operators or entities residing, Ie.
cated or operating within the landfill service area may dispose of
tires at the landfill, provided that such wastes were generated by
activities or operations occurring within the landfill service arca,
lOrd, No. 90.3459, ~ 1,5.29.90; Ord, No. 92.3539, ~ 1, 5.12.92)
Supp, No, 64
1004
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Sec. 15.55. Disposal of yard waste at the landfill.
Persons, firms, businesses, operators or entities residing, 10'
cated or operating within the landfIll service area may dispose of
yard waste at the landfIll, provided that such wastes were gen.
erated by activities or operations occurring in whole or in part
within the landfill service area. (Ord. No. 90.3459, ~ 1, 5-29.90;
Ord, No, 92.3539, ~ 1,5.12.92)
Sec. 15.56. Appliances, yard waste, and tires to be sepa.,
rated from other solid waste for disposal.
Appliances, yard waste, and tires may not be mixed with other
solid waste delivered to the landfIll for disposnl. Persons, firms,
businesses. operators or entities disposing of appliances, yard
waste. or tires at the landfill shn11 separate those items from
other solid waste materinls, and shnll deliver and unload them at
the sites designated by the city for disposnl of such items, (Ord.
No. 90.3459, ~ 1,5.29.90; Ord. No. 92.3539, ~ 1. 5.12.92)
Sec. 15.57. Penalties for Improper disposal or dlsposnl of
prohibited or hazardous waste. '
It is prohibited for any person, fU'lll, business. operator or entity
to deposit solid waste at the landfIll in a location'other than that
provided by the director or as directed by landfill personnel. It is
further prohibited for any person, firm, business, operator, or
cntity to dispose or attempt to dispose ofhnzardous or prohibited
waste at the landfill in a manner or in a location other than that
provided by the director pursuant to section 15.51. It is n1so pro.
hibited for any person, firm, business, operator or entity to dis.
pose or attempt to dispose of appliances. yard waste, or tires at
the landfill in a manner or at a lecation other than that provided
pursuant to scctions 15.53, 15.54, 15.55 and 15.56. Violations of
either this provision 01' of any regulations adopted by the director
pursuant to section 15.51 shnll constitute either a misdemeanor
or a municipal infraction, and each violation shall constitute a
separate offense, The city's costs for retrieving such substances or
mnterinls from the landfill disposal site, amI/or for any costs in.
curred by the city for cleaning up the disposal site shall be charge.
able to the offending party or parties. Repeated violations of this
Supp, No, 54
1005
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IOWA CITY CODE
provision or of regulations adopted by the director pursuant to
section 15.51 shall be sufficient cause for the city's revocation of
the landfill disposal privileges of an offending party, after written
notice of the city's intention to revoke. (Ord. No. 90.3459, ~ 1,
5.29.90; Ord. No. 92.3539, ~ 1, 5.12.92)
Sec. 15.58. Disposal fees.
The fees for disposal of solid waste shall be as provided in
schedule of fees, section 32.1.55. (Ord. No. 90.3459, ~ 1, 5.29.90;
Ord. No. 92.3539, ~ 1,5.12.92)
Sees. 15.59-15.69. Reserved.
ARTICLE VI. LITTERING
Sec. 15.70. Short title.
This article shall bo known and may be cited as the Iowa City
Anti.Litter Ordinance. (Ord. No. 90.3459, ~ 1, 5.29.90; Ord. No.
92.3539, ~ 1, 5.12.92)
Sec. 15-71. Definitions.
In addition to the definitions set forth in Article I of this chapter,
for purposes of this article the following terms, phrases, words
and their derivations shall mean the follewing:
Aircraft is any contrivance now known or hereaner invented,
used or designed for navigation or for night in the air. The word
"aircraft" shall include helicopters and lighter.than.air dirigibles
and balloons.
Receptacle is a litter storage and collection container as re.
quired and authorized in Article III of this chapter.
Litter is "garbage," "refuse" and "rubbish" as defined in this
chapter, together with all other solid waste material which, if
thrown or deposited as herein prohibited, unreasonable endan.
gel'S public health, safety and welfare.
Bupp. No. 54
1006
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Newspaper is any newspaper of general circulation as defined
by general law, any newspaper duly entered with the post office
department of the United States, in accordance with federal statute
or regulation, and any newspaper filed and recorded with uny
recording officer as provided by general law; and, in addition
thereto, shall mean and include any periodical or current maga.
zine regularly published with not less than four (4) issues per year
and sold to the public.
Park is a park, reservation, playground, beach, recreation center
or any other public area in the city, owaed or used by the city and
devoted to active or passive recreation.
Private property or premises is any dwelling, house, building or
other structure designed or used either wholly or in part for pri.
vate residential business, commercial or industrial purposes,
whether inhabited or temporarily or continuously uninhabited or
vacant, and shall include any yard, grounds, walk, driveway,
porch, steps, vestibule or mailbox belonging to or appurtenant to
such dwelling, house, building or other structure.
Public place is any and all streets, sidewalks, boulevards, alleys
'.._/ or other public ways, together with any and all public parks,
squares, spaces, grounds and buildings.
Vehicle is every device in, upoa or by which any person 01'
property is or may be transported or drawn upon a highway,
including devices used exclusively upon stationary rails or tracks.
(Ord. No. 90.3459, ~ 1, 5.29.90; Ord. No. 92.3539, ~ 1, 5.12.92)
Sec. 15.72. Prohibited In public places generally.
No person shall throw or deposit litter on or upon any public
place within the city except in public receptacles, or in authorized
private receptacles fer collection and disposal. Any person who
drops, or permits to be dropped or thrown upon any public place
any of the above described materials upon any county road or
state highway shall immediately remove tho same or cause it to
be removed, and failure to do so shall constitute a violation of this
chapter. (Ord. No. 90.3459, ~ 1, 5.29.90; Ord. No. 92.3539, ~ 1,
5.12.92)
Supp. No. 54
1007
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IOWA CITY COllE
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Sec. 15.73. Placement of litter in receptacles so as to pre.
vent scattering required.
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent the
litter from being carried or deposited by the natural elements
upon any public place or upon private property, (Ord. No, 90.
3459, ~ 1, 5.29.90; Ord. No. 92.3539, ~ 1, 5.12.92)
Sec. 15.74. Sweeping litter into gutters, streets or other
public places prohibited.
No person shall sweep into or deposit in any gutter, alley, street
or other public place within the city litter or any accumulation of
litter from any building or lot, or fl'Om any public or private
sidewalk or driveway. Persons owning, operating or occupying
property shall keep the sidewalk in front of their premises free of
litter. lOrd. No. 90.3459,'~ 1, 5.29.90; Ord. No. 92.3539, ~ 1, 5.12.92)
Sec. 15.75. Throwing litter from vehicles.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
city, or upon private property, (Ord. No. 90.3459, ~ 1, 5.29.90:
Ord. No. 92.3539, ~ 1, 5.12.92)
Sec. 15.76. Operation of trucks causing litter prohibited.
No vehicle carrying a load of materials shall be driven or moved
on any state highway, county road or city street unless such ve.
hicle is so constructed or loaded as to prevent any of its load from
dropping, sining, leaking or otherwise escoping therefrom, except
that sand or other materials may be dropped for the purpose of
securing traction, and water or other substance may be sprinkled
on a street or roadway in order to clean or maintain such street or
roadway.
It shall he prohibited for vehicles to deposit from their wheels
or track substantial and unreasonable quantities of mud, gravel
or other materials onto puved public streets or roadways. (Ord,
No. 90.3459, ~ 1, 5.29.90; Ord. No. 92.3539, ~ 1, 5.12.92)
Supp. No. 54
1008 '
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SOLID WASTE
! 15.80
Sec. 15.77. Throwing litter In parks prohibited.
No person shall throw or deposit litter in any park owned by
the City, whether within or without the City, except in public
, receptacles and in such manner that the litter will remain in the
receptacle until collection, and will not be scattered by the nat.
ural elements onto any park, street, roadway or public place.
Where public receptacles are not provided, all such litter shall be
carried away from the park by the person responsible for the
litter's presence on the public property, and shall be properly
disposed of elsewhere, as provided herein. (Ord. No. 90.3459, ~ 1,
5.29.90; Ord. No. 92.3539, ~ 1, 5.12.92)
See. 15.78. Throwing litter In lakes and fountains prohlb.
Ited.
Ne persen shall throw, deposit or permit litter in any fountain,
pond, lake, stream, or any other body of water in a park or else.
where within the city. (Ord. Ne. 90.3459, ~ 1, 5.29.90; Ord. No:
92.3539, ~ 1,5.12.92) ,
Sec. 15.70. Dropping litter from alreroft. .
No person in any aircraft shall scatter, drop or deposit any
litter, handbill or any other object ,vithin the city or the confines
of the municipal airport. (Ord. No. 90.3459, ~ 1,5.29.90; Ord. No.
92.3539, ~ 1, 5.12.92)
Sec. 15.80. Depositing litter on occupied pl'ivate property.
No person shall throw or deposit litter on any occupied private
property within the city, whether ewned by such person or not;
except that tho owner, operator or person i,n control of private
property may maintain authorized private receptacles for cellec.
tion in such a manner that litter will be prevented from being
carried or deposited by the natural elements upon any street,
sidewalk or other public placo, or upon private property. (Ord. No.
90.3459, ~ 1,5.29.90; Ord. No. 92.3539, ~ 1, 5.12.92)
Supp. No. 64
1009
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! 16.81
IOWA CITY CODE
See. 15.81. Owners to maintain premises free of litter.
The owner or person either operating or in control of uny pri.
vate property or premises shall at all times maintain the property
or premises free of litter; provided, howover, that this section
shall not prohibit the storage of litter in authorized private reo
ceptacles for collection, or prohibit the composting of yard waste.
(Ord. No. 90.3459, ~ 1, 5.29.90; Ord. No. 92.3539, ~ 1, 5.12.92)
Sec. 15.82. Thro\ving 01' depositing litter on vacant lots pro'
hiblted.
No person shall threw or deposit litter on any open 01 vacant
private property within the city whether owned, occupied or op.
erated by such person or not. (Ord. No, 90.3459, ~ 1, 5.29.90; Ord.
No. 92.3539, ~ 1, 5.12.92)
See. 15.83. Clearlngby city ofvaennt private property upon
owner's faIlure.
(a) Notice to remove, When in the determination of the director,
litter poses an unreasonable or dangerous threat to public health,
safety or welfare, the directer or his!her designee is hereby au.
thorized and empowered to notify the owner, occupant or operator
of any open or vacant property within the city, or the agent or
representative thereof, to properly dispose of litter located on the
offending property. Such notice shall be in accordanco with
Chapter 24, Articlo VI of the Iowa City Code of Ordinances.
(bl Action upon noncompliance. Upon the failure, neglect or
refusal of any owner, occupant, operator or egent so notified to
properly disposo of unhealthful or dangerous litter within seven
(7) calendar days after receipt of written notice, or within fifteen
(15) calendar days after the date such notico is returned to the city
becauso of inability to make delivery to the last known address ef
tho offending party, the director or his/her designee is authorized
and empowered to abate or canse the abatement of litter on pri.
vato property. Abatement of litter on. private property may be
accomplished in accordance with Chapter 24, Article VI of the
Iowa City Code of Ordinances.
Supp. No. 61
1010
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(c) Charge for action upon noncompliance. After the city has
elTected the removal of such olTending litter or has paid for its
remeval, the actual cost thereof, plus accrued interest at the max.
imum rate designated by laIV per annum from the date of com.
pletion of the work, shall remain an ebligation of the offending
owner, persen, party, occupant or operator. If such costs are not
paid by the olTending party prior thereto, the costs shall be charged
to the owner of such property and/or levied as an assessment
against the property in the same manner as a property tax, all in
accordance with Chapter 24, Article VI of the Iowa City Code of
Ordinances. (Ord. No. 90.3459, ~ 1,5.29.90; Ord. No. 92.3539, ~ 1,
5.12.92)
Sec. 15.84. Depositing litter at city landfill sites.
No person shall throw or deposit litter on or upon any city
owned landfill site, except in those areas designated for dumping
or by the direction of city landfill personnel. (Ord. No. 90.3459, ~
1,5.29.90; Ord. No. 92.3539, ~ 1, 5.12.92)
Supp. No. 5.1
1011
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Chapter 24
MISCELLANEOUS PROVISIONS'
Article I. In General
~ 24.1. Dnmnging, defacing property.
I 24.2. Uolowfnl oBSembly,
~ 24.3. Impersonating officer.
I 24-4. Roserved,
~ 24.5. Smoking prohibited in designated areas,
fi 24.6. Cigarette silica to minors-Prevention.
! 24.7. Sarno-Employee education,
! 24.S. Sarno-Enforcomentofrogulatlons.
!! 24.9-24.15. !Roservod,]
Articlo II. Cnrfow Regulntlons
Division 1. Generally
!! 2.1,16-24.22, !Reserved,]
Division 2. Emergencies
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~ 24.23. Mayor's authority.
I 24.~4. Notice.
II 24.25-24.31. !Resorved,1
Division 3, Minors
124,32, ESlebli,hed,
~ 24.33. Registration of employed minors.
124.34. Parent's or Jfullrdian's responsibility.
t 24.35, Arrest; cuslody; investigations.
I! 24.36-24-46, mesorvcd,l
Article III. D1Rordcrly Persons, Conduct nnd Houses
I 24..17. Disorderly conduct.
I 24-48, Keeping disorderly honso.
! 24,49. Accosting,
g 24.50. Lounging nnd lonling.
I 24,51. Reserved,
I 24.52. Begging.
II 24.53-2.1.63. !Resorvcd.]
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Article IV. Firearms and Other Weapons
i 24.61. Discharge of lircnrms.
~ 24.65, Toy guns and alingshots.
'CrosH rcrcrcnccs-Ounurnl penull)' for Code \'illtnliollH, ~ 1.9; civi1lJellnllYl
I 1,21; police. Ch, 29,
Supp. No, 54 1641
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IOWA CITY CODE
~ 24.66. Concenled weapons,
i! 24.57-24.77, IHesel'ved,J
Article V. Iown JUvcr
~ 24.78. Definitions.
~ 24.79. Collisions, accidents, and casualties.
~ 24.80. Clallsilication and required equipment.
~ 24.81. Boat liveries.
~ 24.82. Muming devices.
~ 24.83. Prohibited activities.
~ 24.84. Reserved.
~ 24.85. Overloading of vessels.
I 24.86. Hight.of.woy rules,
I 24.87. Regulations for buoys.
~ 24.88. Driving over ice.
~ 24.89. Authorized emergency vessels.
I! 24.90-24.100. IHesorved,J
Article VI. Nuisances
~ 24.101. Nuisances declared.
f 24.102. Delinitions.
I 24.103. Nuisances prohibited-Authority to abate,
124.1001. Notice to abate-Service.
1 24.105, Abatement by administrative proceedings.
124.106. Abatement by municipal infraction proceedings.
t 24.107. Abatement remedies; penalties.
~ 24.108, Emergency abatement procedure.
Ii 24.109-24.113, lResorved.1
Artlele VII. Offense. Agnln.t Mornl.
~ 24.114, Inducent exposure and conduct.
Ii 24.115-20\.125, iIleserved.J
Article VIII. A10rm Sy.tem.
124.126, Dulinhions,
124.127. Permis!lion to install nlarm systems; standards,
124.128. Folse IllllrmS,
~ 24.129. Service of notice,
124.130. Judicinl review.
124.131. Po"ollies,
1124.132-24.140, Ilteserved.1
Article IX. Nuclen~ Wenpons Free Zone
i 2.1.J.l1. Nomu.
~ 24.1.12. Purpose.
Supp, No. 54
1642
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i 24.143. Definitions,
t 24.144. Prohibition or nuclear weapons work.
124.145. Enforcoment.
124.146, Notification.
Ii 24.147-24.159, (Reservod,)
ArtIcle X, Hazardous Substances
i 24-160. Definitioos,
i 24-161. Cleanup roquired,
i 24.162, Notifications,
I 24.163-24.169. Reserved.
Artlole XI. Open Burning
I 24-170, Prohibited.
I 24.171. Exceptions,
I 24.172. Penalties,
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Supp. No. 54
1643
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MISCELLANEOUS PROVISIONS
! 24.6
ARTICLE I. IN GENERAL
Sec. 24-1. Damaging, defaeing property.
No person shall damage or deface in any manner any property
belonging to another, whebher public or private, without the
consent of the owner of such property. (Code 1966, ~ 7.14.3)
Sec. 24-2. Unlawful assembly.
No person shall participate in any assembly where persons
come together in a violent or tumultuous manner or, when to.
gether, attempt to do an act, whether lawful or unlawful, i.n an
unlawful, violent, or tumultuous manner to the disturbance of
others. (Code 1966, ~ 7.14,8)
Sec. 24-3. Impersonating officer.
It shall be unlawful for any person other than a duly appointed
and acting officer or representative of the city to wear or display
any insignia tending to designate the wearer as being an officer
'---' or representative of the city, (Code 1966. ~ 7.14.10)
Sec. 24-4. Reserved.
Edllnr', nnle-Ord. No, 79.29:19. 14, ndopted Jon. 30. 1979. ,,'peoled 1 24.4,
which pertained to eleclric llud bllrhcd wire ft!nr:l~s, IInrl derivl'r1 from Code 1966,
117.14.16.7.14.17,
Sec. 24-5. Smoking prohibited in designated areas.
(a) Purpose. The purpose of this section is to protect the public
health, comfort and environment by prohibiting smoking in pub,
lie places nnd public meetings except in designated arcus.
(b) Definitions.
(1) "Public place" means any enclosed, indoor area used by
the general public, including, but not limited to, municipal
buildings, bars, restaurants, retail stores and other com.
mercial estnblishments, public conveyances and meeting
rooms.
Supp. No, 64
1645
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IOWA CITY CODE
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(2) "Public meeting" means all meetings open to the public of
the city council and the boarda and commissions ef the
City of Iowa City. This section shall not apply to meetings
of the school board, the board of supervisors and other
state or federal agencies held in Iowa City.
(3) "Smoking" means inhaling or exhaling the smoke of, or
the possession or control of, a lighted cigarette, pipe, cigar
or little cigar,
(c) Smoking prohibited in certain areas, Smoking is prohibited
in public places or at public meetings except in designated smek.
ing areas. This section does not apply ia cases in which an entire
room or hall is used for a private social function and seating
arrangements are under the control
of the spensor of the functien an'{ not 'o(tb"e proprietor"or
person in control of the place. Furthermore, this section
shall not apply to offices snd places of worJ( not generally
frequented by the public.
(d) Resl10l1,libility of pl'oprietol's. The proprietor or other
person having charge of a public place shall:
(1) Post appropriate signs;
(2) Al'I'ange seating to provide a smoke.free area;
(3) Inform any person who is observed smoking in viola.
tion of this sectIon that smoking is prohibited by law
in that place or area.
(e) "No smoking" areas posted. The proprietor or other
persons having charge of a public place shall cause to be
posted within the ares where the'prohihition against smoking
is in effect one or more conspicuous signs bearing the warda
"smoking prehibited by law" or words or symbols of similar
effect.
(f) Designation of smoking areas.
(1) The proprietor or other person in charge of a public
place may designate smoking areas, except in places in
which smoking is prohibited by the fire marshal or by
the law. With the exception of retail stores and ether
Supp, No, 54
1646
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MISCELLANEOUS PROVISIONS
! 24.6
commercial establishments, bars snd restaurants, not
more than fifty (59) per cent of a public place may
be designated as a smeking area.
(2) In retail stores and other commercial establishments,
smoking is prohibited, except that the preprieter or
other person in charge may designate an area, not to
exceed twenty.five (25) per cent of the retail or cem.
mercial sales area, where custemers or employees may
smoke.
(3) In bars and restaurants, at least twenty.five (25)
per cent of the permanent seating must be designated
as a no smoking area, but the proprietor or other person
in charge shall have the option to designate a greater
percentage of the permanent seating as a nonsmoking
area.
(4) Where smoking areas are designated, existing physical
barriers and ventilation systems shall be used to mini.
mize the toxic effect of smoke in adjacent nonsmoking
areas. In the case of public places consisting of a single
.~ room, the provisions of this law shall be considered
met if one side of the reom is reserved and pested as a
no smoking area.
(g) Violation not a misdemeanor. Notwithstanding any
othcr ordinnnce of the City of Iowa City, Iowa, it shull not
be a misdemeunor for any persen to violate or disobey any
provision of this section. (Onl. No. 78.2889, ~~ 1-7, 4.18.78)
Editor', note-Ord. No. 78.2889, 99 1-7, onacted April 18, 1978. did
not specifically amenu the Code; tIIUM, its codification as , 2.1.5 illllt the editor's
discretion,
Sec. 24.6. Cigarette sales to minors-Prevention.
The purpose of sections 24.6 through 24.8 is to aid in the pre.
vention of the sale and distribution of cigarettes to minors by
educating businesses/retailers and employees of businesses/reo
tuilers who sell cigarettes and are considered public accommoda.
tions that such sales w'e prohibited by state law, and thereby
protect and preserve the health, safety, and welfare of the com.
Supp. No. 54
1646.1
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IOWA CITY CODE
munity. Nothing in sections 24.6 through 24.8 shall be construed
to apply to businesses which make cigarettes available only on
private premises not considered public accommodations as de.
fined in Chapter 18, Iowa City Code of Ordinances. (Ord. No.
92.3531, ~ 1, 4.28.92)
Sec. 24.7~ Same-Employee education.
(a) All businesses/retailers, including vending companies,
selling, dispensing or dispersing cigarettes under state laIV must
read Section 98.2, Code of Iowa (1991), as amended, which pro.
hibits the sale, giving or otherwise supplying cigarettes to mi.
nors, and must read No. 92.3531, sections 24.6 through 24.8 of
this Code, together with any explanatory materials as approved
by the city, and must also executa a notarized business affidavit
certifying they have read these provisions and understand their
obligations. All such business affidavits must be on file with the
city clerk and updated annually. Failure to comply with these
provisions shall be deemed a violation by the business/retailer
licensed by the State of Iowa.
(b) All persons employed by businesses/retailers involved in
selling cigarettes in a one.on.one transaction must read Section
98.2, Code of Iowa (1991), as amended, which prohibits the sale,
giving or otherwise supplying cigarettes to minors, and must read
Ordinance No. 92.3531, sections 24.6 through 24.8 of this Code,
together with any explanatory materials as approved by the city,
and must execute a notarized employee affidavit certifying they
have read these provisions and understand their obligations. All
affidavits must be available for inspection during regular busi.
ness hours on the premises of the licensed business/retailer and
updated annually. Failure to comply with these provisions shall
be deemed a violation by the business/retailer licensed by the
State ofIowa. Nothing in this section shall be construed to apply
to employees of vending companies, nor to businesses/retailers
who sell or dispense cigarettes only by way ef vending machines.
(Ord. Ne. 92.3531, ~ 1, 4.28.92)
Sea. 24.8. Same-Enforecment of regulations.
(a) Violation of Ordinance No. 92.3531, sections 24.6, 24.7 of
this Code, shall constituto both a criminal simple misdemoanor
Supp. No. 51
1646.2
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MISCELLANEOUS PROVISIONS ! 24.23'
punishable by up to one hundred dollars ($100."00) or thirty' (30)"
days in jail, as well as a civil municipal infraction punishable by
a civil penalty of up to one hundred dollars ($100.00) for the rust
offense and up to two hundred dollars ($200:90) for subsequent
offenses. Remedies contained in this section are not mutually
exclusive, and the election ef one remedy shall not preclude the
city from pursuing another remedy, except where prohibited by
law.
(b) Netbing in this section shall be construed to prcciude the
city from complying with civil penalty, suspension and revocation
procedures specifically set forth in Sections 98.2, 98.22, and 98.51,
Code of Iowa, as amended. lOrd. No. 92.3531, ~ 1, 4.28.92)
Sees. 24.9-24.15. Reserved.
ARTICLE II. CURFEW REGULATIONS'
DIVISION 1. GENERALLY
Sees. 24.16-24.22. Reserved.
DIVISION 2. EMERGENCIES
Sec. 24.23. Mayor'S authority.
The mayor may declare II state of emergency endangering
the safety or property of any individual and a curfew within
the corporate limits of the city, whenever, in his discretion,
an emergency situlltion exists: such eurfcw making it unlaw-
ful for any person to be or rcmaln upon any of the alleys,
streets or public places or places of business and amusement in
the city, between such hours as shall be designated by the
mayor in his proclamation of a curfew. The mayor's curfew
shall use the least restrictive provisiens necessary to deal with
the emergency. (Code 1966, ~ 7.05.2; Ord. No. 2557)
-
.CroS8 rcrcrencc-Prcscncc in municipal cemetery alter certain hours
prohibited. 9 D.5.
Supp, No. 54 1646.3
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IOWA CITY CODE
Sec. 24,24. Notice.
Notice of the curfew established pursuant to this article
shall be given by promulgating the mayor's proclamation of
SuPp. No. 64
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PLANNING
! 27.39
Sec. 27-38. Same-Preliminary plan fee.
A fee shall be paid at the time the preliminary plan required
by this division is submitted to the city, in an amount to be
established by resolution. (Ord. No, 86.3287, ~ 1,5.6.86)
Sec. 27-39. Proeedure for preliminary plan approval.
Upon filing of the preliminary plan required by this division
lhe city clerk shall submit the plan to the city manager. The city
managel' shall cause the same te be examined in order to assure
l'ompliance with the requirements of this chapter and of all other
npplicable city ordinances. The planning and zoning commission
shall also study the preliminary plan and review the reports of
the city manager and shall approve or reject the same within
forty.five (45) days after the submission thereof to the city clerk,
by filing their recommendation with the clerk. If the commission
does not act within forty.five (45) days the plan shall be deemed
to be approved, provided however, the applicant may agree to an
extension ef time. The city council shall, after receiving the rec.
ommendation of the planning and zoning commission, or after
the time of any extension thereof is passed for the commission to
file its recommendation, make tentative approval or rejection of
such preliminary plan. The appl'Oval of the pr9liminary plan by
lhe council does not constitute the approval of the development
hut is merely an authorization to proceed with the preparation of
the final plan based on the parameters set in the preliminary
plan. Approval of the preliminary plan shall be effective for a
period of twenty.four (24) months unless, upon written request of
lhe applicant, the council grants a twelve.month extension of
time. If the final plan is not filed with the city clerk within the
period of time specified above, all previous action of the city with
respect to the preliminary plan shall be deemed 10 be null and
void. If a building permit has not been issued within thirty,six
(36) months of the date of original preliminary plan approval, a
new preliminary plan must be approved according to the proce.
dures of section 27.39.
In no case shall approval of the preliminary plan conflict with
any zoning ordinance 01' map or have the effect of nullifying the
intent of this division. (Ord. No. 86.3287, ~ 1,5.6.86)
Supp, No, 54
1835
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lOW A CITY CODE
Sec. 27-40. Requirements for final plan.
Three (3) copies of the proposed final plan of a proposed large
scale nonresidential development shall be submitted and shall be
accompanied by:
(I) A signed statement of intent from the develope~ including:
a. Evidence of ownership of the property or options to
purchase or ConCUJTence in the application by the Owner.
b. A description of the propesed development.
c. An intended time schedule for the completion of the
development.
(2) All instruments relating to proposed easements and dedi.
cations of land for public uses (streets, alleys, malls, ar.
eades, parks, etc.).
(3) A petition signed by the owner and hislher spouse petition.
ing the city council to pave any streets abutting such tract,
which petition waivcs notice of time and plqce of hearing
and waives statutory protection and limitations as to cost
and assessment. (.....
(4) An agreemcnt providing that all public improvements and \~..,
'installations shown on thc plan, and required by the city,
have been or will be made. (Ord. No. 86.3287, ~ 1, 5.6.86)
Sec. 27.41. Procedure-Final plan.
(a) The final plan shall meet all of thc requirements of section
27.40 and shall be specific within the parametors set by thc ap.
proved preliminary plan. In the event the final plan submitted
does not deviate from the parameters efthe preliminary plan and
review by the city reveals that all plans and specifications for the
censtl'llction of improvements as required by the city have been
met, the final plan shall be approved by the city managcr or
hislher designee prior to issuance of a building permit unless both
the city and the owner waive the requirement in writing. A final
plan which docs not fall within the parametcrs set by tho prelim.
inary plan or which does not show complianco with all applicable
city ordinances shall require approval according to procedures set
forth for preliminary plans in section 27.39. In no case shall ap.
Supp, No, 54
1836
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PLANNING
! 27-43
proval of the preliminary or final plan cennict with any zoning
ordinance or map or have the effect of nullifying the intent of this
division.
(h) The costs of engineering examination of the final plan and
construction plans shall be paid by the developer, and shall be the
actual costs of the engineering examination and review as in.
curred by the city. (Ord. No. 86.3287, ~ 1, 5.8.86; Ord. No. 92.
3533, ~ 1, 5.12.92)
Sec. 2742. Same-Final plan fee.
A fee, in an amount to be, established by resolution, shall be
paid at the time the final plan, or a combination ,of preliminary
and final plans, is submitted to the city. (Ord. No. 88.3287, ~ 1,
5.6.86) ,
Sec. 2743. Improvements.
(a) Specifications. The type of construction and materials, the
metheds, the standards of a development or improvement under
this division shall be equal to the current specifications of the
'-._ city for like work. Plans and specifications shall be submitted to
the city manager for approval prior to construction and the con.
struction shall not be started unt.il the plans imd specifications
have been approved. '
(h) Inspection. The city manager shall cause the installation of
all improvements to be inspected to ensure compliance' with the
requirements of this division. The cost of such inspection shall be
borne by the developer and shall be the actual cost of the inspec.
tion to the city.
(c) Streets and other public ways. Streets and other public ways
in developments covercd by this division shall conform to the
fellowing:
(I) The development shall make provision for the continua.
tion and extension of streets as required by the city and
shall conform to the comprehensivc plan.
(2) Streets carrying 01' which have the potential of carrying
nonresidential traffic, especially truck traffic, shall not
Supp. No, 54
1837
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IOWA CITY CODE
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normally be extended to the boundaries of adjacent exist-
ing and potentinlresidentiul areas, or connected to streets
intended for predominantly residential tramc.
(3) Proposed points of access onto public streets and ways
shall be shown.
Special.requirements may be imposed by the city with
respect to street, curb, gutter and sidewalk design and
construction when necessary to accommodate unusual trafJic
conditions created by the proposed development. In the
event the city requires extra width streets for the continuo
ation of arterial or collector streets (and not solely to ac.
commodate the traffic generated by the proposed develop.
ment), the city shall pay for the excess pavement required
over that required for a twenty.eight (28) foot local resi.
dential street. This excess shall be considered a strip in the
center of the pavement. The cost of this shall be calculated
by the city engineering office. '
(d) Sewers. The developer shall provide the development with
a sanitary sewer system which shall connect with the sanitary
outlet approved by the city manager. The sewer shall extend to
the development boundaries as necessary to provide for the ex.
tension of sewers by adjacent property. In the event the city
requires a sewer system which has a capacity greate1' than is
needed to service the development itself, the city shall pay on a
pro rata basis for the excess costs ovel' that which is necessary to
service the development itself. Other developments or subdivi.
sions which connect with such systems shall on a pro rata basis
reimburse the city for the cost of the additional systems which
shall service that area.
(e) Storm drains. The devoloper shall provide the development
with adequate drains, ditches, culverts, complete bridges, stann
sewers, intakes and manholes to provide for tho collection and
removal of all sUl'face waters. 'fhese improvements shall extend
to the boundaries of the development as necessary to provide for
extension by adjoining properties. In the event that the eity
requires a storm drain system which has capacity greater than is
needed to service the development itsolf, the city shall pay on a
pro rata basis fOl' the excess costs over that which is necessOl'y to
'..
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Supp. No, 54
1838
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PLANNING
! 27.43
service the development itself. Other developments or subdivi.
sions which cennect with such system shall on a pro rata basis
reimburse the city for the cost of the initial system which shall
service that area.
''''-..-'"
Supp. No. 54
1838.1
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PLANNING
927.57
to be develeped at the time of approval of the
initial development.
(12) Name of the development.
(13) North point, scale and date.
(14) Name and address of owner.
(15) Certification by a registered land surveyor of the
state.
(d) The final plan shall also be accompanied by the follow.
ing instruments:
(1) Dedication of streets, sewers, and water Jines and
easements where required.
(2) Resolution for approval by the council in form ap.
proved by city attorney.
(e) A fee shall be paid at the time the final plan, or any cembi.
nation of preliminary and final plans and/or plats, is sub.
mitted to the city clerk, in an ameunt to be establishcd by
I resolution. (Code 1966, ~ 9.51.5; Ord. No. 2400; Ord. No.
'-' 24.2716,! II, 4.16.74; Ord. No. 82.3948,! 2D, 2.2.82)
See. 27.57. Final approval.
(a) Immediately upon tho filing of the final plnn as sct out in
section 27.56 of this division, the clerk shall submit three (3)
copies of the final plan and thc application to the city managcr
and three (3) copies to the planning commission. The city man.
agel' shall cause tho final plan to bo examincd in ordcl' to ensure
compliance with the requirements of this division. The costs of
engineering examination affinal plan and construction plans shall
be paid by the developer, and shall bo the actual costs of the
engincering examination and reviow as incurred by the city.
(b) Upon completion of his/her examination, the city man.
agel' shall file a written report of his/her findings and his/her
recommendation with the commi,ssion.
(c) The commission shall study the final plat IInd review
the appllcation of the owner, and also review the re~orts of
SUPP. No. 54
1847
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lOW A CITY CODE
the city manager and shall approve or reject the final plan
within forty-five (45) days after the submissien thereof to
the clerk by filing their recommendation with the clerk, the
same to be by resolution. If the commission docs not acl;
within forty-five (45) days, the final plat shall be deemed
approved by the commission; provided, however, that, the
developer may agree to an extension of time. The ceuncil shall,
after receipt of the recemmendation of the commission, or
after the time or any extension thereof has passed for the
commission to file their recommendation, approve or reject
such final plat, the same to be by resolution. (Cede 1966, !i
9.51.6; Ord. Ne. 2400)
(d) Approval of the final plan shall he elTective for a period of
twenty.four (24) months unless, upon written application of the
owner explaining the reasons additional time is needed, the city
council, by resolution, grants one or more twelve (12) month
extensions of time. The upplication for extension shall first he
submitted to the planning and zoning commission for its recom.
mendation. (Code 1966, ~ 9.51.6; Ord. No. 2400; Ord. No. 85.3254, ~
1,9.17.85; Ord. No. 92.3533, ~ 2, 5.12.92)
"...-'
Sec. 27.58. Improvemeats.
(a) S)Jecifications. The type of construction, the materials,
the methods and standards of the tract imrovementa of
developments covered by the provisions of this division shall
be equal to the current speeifications of the city for like
work. Plans and specifications shall be submitted to the city
manager fOl' approval prior to construction and construe.
tion shall not be started until the plans and specifications
have been approved.
(b) I1wpectioll. The city manager shall cause the installa.
tion of all improvements to be inspected to ensure a com.
pliance with the requirements of this divisien. 'l'he cost of
such inspection shall be born by the developer and shall be
the actual cost of the inspection to the city.
(c) Streets mill private drives. Streets and private drives
In developments covered by this division shall confOl'm to the
following:
Supp. No. 54
1848
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927-58
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(1) Developments shall make provisions for the develop.
ment cenlinuation and extension of streets as required
by the city and shall conform to the major thorough.
fare plan.
(2) Intersections of street center lines shall be between
eighty (80) and one hundred (100) degrees,
(3) No streets or alleys shall be permitted to desd end ex.
cept at boundaries on undeveloped areas or at culs.de-
sac.
(4) Culs.de.sac shall have a right-of.way width of one
hundred (100) feet in diameter and shall be paved
twenty.five .(25) feet wide with no parking allowed in'
such culs.de-sae unless paving shall be forty-two (42)
feet wide.
(d) Sewers. The OWners shall provide the deveiopment with
a complete sanitary sewer system, in complisnce with the
ordinances of the city and such system shall connect with a
sanitary sewer outlet approved by the city manager.
(e) Storm drains. The owner shall provide the develop.
ment with adequate drains, ditches, culverts, complete bridges,
storm sewers, intakes and manholes, to provide for the col.
lection and the removal of all surface waters, and these im.
provements shall extend to the boundaries of the tract so as to
provide for extension by adjoining properties. In the event that
the city requires a storm drain system whieh is greater than is
Supp, No. 64
'--./
1848.1
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SUBDIVISION REGULATIONS
132-40
tations as to cost and assessment and agrees that
the city may install such sidewalks and assess the
total cost thereof against such real estate, or
(2) A certificate bearing the approval of the city man-
ager stating that the Improvements and installa-
tions in the the subdivision have not been installed
in accordance with the city specifications and that pre.
liminary plans for the construction of such improvements
have been submitted and that the owner has executed
sn agreement ss a covensnt running with the land that
no building permit shall be issued for any lot of such
subdivision until such improvements, with the excep.
tion of sidewalks, shall be constructed for such lot or the
owner shall have deposited in escrow with the city clerk
an amount equal to the cost of such improvements plus
ten (10) per cent thereof for the lot, or
(3) A surety bond with the city which will insure to the city
that the imprevements will be completed by the subdi.
vider or property owner within two (2) years after offi.
cial acceptance of the plat. The form and type of bond
shall be approved by tha city attorney and the amount
of the hand shall not be less than the amount of the
estimated cost of the improvements plus ten (19) per
cent, and the amount of the estimate must be approved
by the city manager. If the improvements are not com-
pleted within the specified time, the council may use the
bond or any necessary portion thereof to completc the
samc, or, if option (2) or this option (3) is chosen, the
final plat shall state that the developer, its grantees,
assignees, and successors in interest agree that public
services including, but not limited to, street maintenance,
snow, and ice removal, rubbish, refuse alld garbage col.
lectioll, will not be extended to such subdivisien until
the pavement is completed and accepted by the city,
(4) The above alternatives shall be exclusive and no suhdi.
vision shall be approved unless olle of the foregoing
alternatives has been approved and no subdivision shall
be approved in which the developer proposes to request
that the city construct such improvement, pursuant to a
Supp, No. 64
2209
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IOWA CITY CODE
special assess'ment program, except for the provisions of
subparagraph (g) of this section as to streets abutting
the subdivision which may be done by assessment meth-
od. However, this provision shall not apply to any not.
for-profit corporation or association which subdivides a
tract of Isnd for the purpose of encouraging economic
development of the tract. In such instances, upon the
petition of developer and upon approval of the develop.
er's plans for development of said tract by the city coun.
cil, any improvements required by this chapter may be
constructed by the city pursuant to a special assessment
program. (Code I!J66, ~ 9.50.4D(4); Ord. No. 78.2886, ~
II,3.14.78)
See. 32.41. Fees.
A fee shsll be paid at the time the final plat, or any combination
of preliminary and final plats and/or plans, is submitted to the city
clerk, in an amount to be established by resolution. (Code 1966, ~
9.59.4D(5); Ord. No. 74.2715, ~ II, 4.16.74; Ord. No. 82.3048, ~ 2F,
2.2.82)
,-....
Sec. 32.42. Review; approval or rejection.
(a) Immediately upon the filing of the final plats as set
out in this division, the clerk shall submit three (3) copies ef
the final plat and the appllcation to the city manager and three
(3) copies to the planning commission.
(b) The city manager shall cause the plat and application to be
examined in order to ensure compliance with the requirements of
this chapter. Upon completion of his examination, the city man.
agel' shall file a written report of his findings and his recommen.
datiens with the commission. The costs of engineering examina.
tion ef final plat and construction plans ahall be paid by the
subdivider, and shall be the actual costs of the engineering ex.
amination and review as incurred by the city.
(c) The commission shall study the final plat and revi~w
the applleation of the owner, and also review the reports ef
the city manager and shall approve or roject the plat within
forty.five (45) days after tho submisaion thereof to the clork
Supp. No. 54 2210
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SUBDIVISION REGULATIONS i 32.42
by filing their recommendation with the clerk, the same to
be by resolution. If the commission does not act within forty-
five (45) days, the final plat shall be deemed to be approved
by the commission; provided, however, that, the subdivider
may agree to an extensiqn of time.
(d) The council shall, after receipt ef the recommendation
of the commission, or after the time or any extension thereof
as passed for the cemmission to file their recommendation,
approve or reject such final plat, the slime to be by resolution.
(Cede 1966, ~ 9.50.4E; Ord. No. 92.3533, ~ 3, 5.12.92)
.~._/
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! 36.15
b. Accessory use and building rcgulations: Sec sectien
36.57.
c. Off.street parking requiremcnts: See section 36.58.
d. Off.street leading rcquirements: Not applicable.
e. Sign regulations: Sec scction 36.60.
f. Fcnce rcgulations: Sec section 36.65.
(2) General provisions: See Article IV.
a. Dimcnsional requirements: See Division 1.
b. Tree regulations: See Division 2.
c. Performance standards: See Division 3.
d. Nonconformities: See Division 4.
(g) Special procisions.
(1) Religious institutions which existcd on August 7, 1962,
may expand without compliance with the dimensienal
rcquirements or the eff.strcet parking requirements.
(Ord. No. 89.3412, ~ 7, 5.16.89)
Scc. 36.15. High.rlse multifamily residential zone (RM.145).
(a)' Intent. It is the purpose of this zone to provide fer a mix of
uscs which arc suited to a very high intensity rcsidential envi.
ronment. It is intcnded that this zone provide an efficient arrange.
ment ofland uses by providing convenience to its residents. While
special attentien to design is needed to successfully blend mul.
tiple uscs into one structurc or into a single neighborhood, this
zonc provides opportunitics for activitics and amcnities not im.
mcdiately available to mest residential environments. Sincc this
zone will have high levcls of pedestrian activity, special attention
must be directcd to providing a pleasant, safe and efficient pcdes.
trian cnvironment.
(b) Pcrmittcd uses.
(1) Dwellings allowed in this zonc with a maximum of three (3)
roomers residing in each dwelling unit. Single. and two.
family dwellings, which exist as nonconforming uses, shall
be pcrmitted three (3) roomers per dwelling unit.
(2) Fratcrnity/sorority houses.
(3) High.rise multifamily dwellings.
Supp, No, M
2529
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IOWA CITY CODE
(4) Neighborhood centers.
(c) Provisional uses.
(1) Elderly housing subject to the requirements of section 36.55.
(2) Low.rise multifamily dwellings provided they are devel.
oped in accordance with the dimensional requirements of
the RM.44 zone.
(3) Retail and service establishments listed as permitted uses
(1) through (4) in the CN.1 zone provided they are located
on the ground level or below in a high.rise multifamily
dwelling.
(4) Religious institutions with parking areas existing prior to
March 1, 1992, in an RM.145 zone within three hundred
(300) feet of a commercial zone may lease up to and in.
eluding two.thirds of the parking spaces in those existing
parking areas.
(d) Special exceptions.
(1) Child care facilities.
(2) Clubs.
(3) Group core facilities provided that there is at least three
hundred (300) square feet oflet area for each occupant.
(4) Public utilities.
(5) Religious institutions.
(6) Restaurants.
(7) Schools-Generalized private instruction.
(8) Transient housing.
(e) Dimensional requirements.
(1) Minimum lot area: 5,009 square feet.
(2) Minimum lot area per unit: None.
(31 Minimum lot width: None.
(4) Minimum lot frontage: 35 feet on a public street or an
officially approved place.
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Supp. No. 54
2530
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! 35.15
(5) Minimum yards:
Front-For high.rise dwellings, 0 feet; 20 feet for all ether
uses.
Side-For high.rise dwellings, 0 feet; 5 feet for all other
uses.
Rear-For high.rise dwellings, 0 feet; 20 feet for all other
uses.
(6) Minimum epen space per dwelling unit: None.
(7) Maximum building bulk:
Height-None.
Building coverage-None.
Floor area ratio-None.
(0 General prouisiolls. All principal and accessory uses per.
mitted within this zone are subject to the requirements of Articles
III and IV, the divisions and sections of which arc indicated as
follows:
(1)' Accessory uses and requirements: See Article Ill.
a. Permitted accessory uses and buildings: See section
36.56.
b. Accessory use and building regulations: See section
36.57.
c. OfT.street parking requirements: See section 36.58.
d. OfT.street loading requirements: See section 36.59.
e. Sign regulations: See section 36.60.
f. Fence regulations: See section 36.65.
(2) General provisions: See Article IV.
a. Dimensional requirements: Sea Division 1.
b. Tree regulations: See Division 2.
c. Perfermance standards: See Division 3.
d. Nonconformities: See Division 4.
(g) Special prouisions.
(1) Except along boundaries where al\jacent zones permit build.
ings higher than thirty.five (35) feet, no portion of any
building in the RM.145 zona shall project through an imago
Supp. No. 54
2530.1
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IOWA CITY CODE
inary plane leaning inward from thirty.five (35) feet above
zone boundaries at an angle representing an increase of
one foot of height for each foot of horizontal distance per.
pendicular to the boundary. Where existing land in abut.
ting zones is developed with open spaces at the boundary,
such as street right.of.way, the open space may be included
in meeting the horizontal distance requirement.
(2) Religious institutions which existed on August 7, 1962,
may expand without compliance with the dimensional reo
quirements or the off.street parking requirements.
(Ord. No. 88.3383, ~ lB, 6.28.88; Ord. No. 89.3403, ~ 1, 2.28.89;
Ord. No. 89.3412, ~ 8, 5.16.89; Ord. No. 92.3527, ~ 1,4.14.92)
Sec. 36.16. Planned high density multifamily residential
zone (PRMI.
(a) Intent. It is the intent of this zone to provide for the devel.
opment of high density multifamily dwellings in centrally located
areas which are in close proximity to publie transportation and
employment and commercial centers. To provide for a variety of
housing and building types this zone allows both low.rise and
mid.rise buildings. Because of the high density of development
anticipated in this zone, speeial consideration of building and site
design is required. Since this zone will have high levels of pedes.
trian activity, special attention must be given to providing a
pleasant, safe and efficient pedestrian environment.
(b) Permitted uses.
(1) Dwellings allowed in this zone with a maximum of three (3)
roomers residing in each dwelling unit. Single. and two.
family dwellings, which exist as nonconforming uses, shall
be permitted threo (3) roomers per dwelling unit.
(2) Neighbol'llood centers.
(3) Multifamily dwellings.
(4) Family care facilities.
(c) Prouisionaluses.
(1) Fraternity/sorority houses provided there shall be three
hundred thirty (330) square feet of lot area for each persen
residing on the premises.
Supp, No, 54
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(2) Nursing homes subject to the requirements of section 36.55.
(3) Religious institutions, subject to the requirements of sec.
tion 36.55.
a. Religious institutions with parking areas existing prior
to March 1, 1992, in a PRM zone within three hundred
(300) feet of a commercial zone may lease up to and
including two. thirds of the parking spaces in those ex.
isting parking areas.
(4) Rooming houses provided the total floor area shall not ex-
ceed three hundred thirty (330) square feet for each one
thousand (1,000) square feet oflot area and that there shall
be at least one hundred (109) square feet of floor area for
each roomer.
(5) Elderly housing subject to the requirements of section 36.55.
(d) Special exceptions.
(1) Child care facilities.
(2) Group care facilities provided that there is at least three
hundred (300) square feet of lot area for each occupant.
(3) Public utilities.
(4) Transient housing provided that there is at least three hun-
dred (300) square feet oflot area for each staff resident and
two hundred (299) square feet for each temporary resident.
(e) Dimensional requircmwts.
(I) Minimum lot area: 5090 square feet.
(2) Minimum lot area per unit: 875 square feet.
(3) Minimum lot width: None.
(4) Minimum lot frontage: 35 feet on a public street or an
officially approved place.
(5) Minimum yards:
Front-20 feet.
Side-5 feet for the first 2 stories plus 2 feet for each addi.
tienal story.
Supp. No. 54
2539.3
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IOWA CITY CODE
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Rear-5 feet fer the first 2 stories plus 2 feet for each ad.
ditional story.
(6) Maximum building bulk:
Height-35 feet.
Building coverage-40 per cent.
Floor area ratio-None.
(f) General prouisions. All principal and accessory uses per.
mitted within this zone are subject to the requirements of Articles
III and IV, the divisions and sections of which are indicated as
follows:
(1) Accessory uses and requirements: See Article Ill.
a. Permitted accessory uses and .buildings: See sectien
36.56.
b. Accessory use and building regulations: See section
36.57.
c. Off.street parking requirements: See section 36.58.
d. Off.street loading requirements: Not applicable.
e. Sign regulations: See section 36.60.
f. Fence regulations: See section 36.64.
(2) General provisions: See Article IV.
a. Dimensienal requirements: See Division 1.
b. Tree regulations: See Division 2.
c. Performance standards: See Division 3.
d. Nonconformities: See Division 4.
(g) Design provisions. The following design provisions are in.
tended to: Help ensure that areas zened PRM develop as livable,
high density residential neighborhoods; integrate parking facili.
ties into the design of developments;'provide a safe and attractive
area for pedestrian traffic; restrict fortress.like facades; avoid a
monotonous environment; and ensure the residential character of
tha zone is enhanced through excellence in design.
Prior to submitting a request for a building permit, the devel.
opel' shall have a pre.application conference with the director of
planning and community development to discuss the application
of these provisions to the subject property. Prior te issuance ef a
building permit, a site plan and elevation drawings demonstrating
Supp. No. 54
253Q.4
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! 36.16
compliance with the following design guidelines shall be sub.
mitted to the city for approval by the director of planning and
community development. Alternative design solutiens may be ap.
proved ifit is demonstrated that the alternative meets the intent
Supp, No. 54
253D.4.1
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(7) The maximum building coverage may be' increased to 65
per cent.
Points required: 7
(Ord. No. 92.3520, ~ 1,3.17.92; Ord. No. 93.3527, ~ 1, 4.14.92)
Sec. 36.17. Commercial offiee zone (CO.l).
(a) Intent. The commercial office zone (CO.1) is intended to pro.
vide specific areas where office functions, compatible businesses,
apartments and certain public and semipublic uses may be devel.
oped. The CO.1 zone can serve as a buffer between residential and
more intensive commercial or industrial areas.
(b) Permitted uses.
(I) Clubs.
(2) Copy services.
(3) Florist shops.
(4) Hospitals.
(5) Meeting halls.
'v' (6) Nursing homes.
(7) Office buildings in which no activity is carried on catering
te retail trade with the general public and no stock of goods
is maintained for sale to customers except for those
Supp. No, 54
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(17.1) Religious institutions with the exception of dwellings on
the ground 0001'. Dwellings located above the ground 0001'
of a religious institution are subject to the requirements of
section 36.23(d)(3).
(18) Repair shops.
(19) Restaurants.
(20) Wholesale trade and warehouse establishments for the
goods listed in the 1.1 zone.
(c) Provisional uses.
(1) Funeral homes subject to the requirements of section 36.55.
(2) Kennels and veterinary establishments provided they are
not located within two hundred (200) feet of an R zone.
(3) Retail establishments 'other than listed when associated
with the uses allowed in this zone provided that not more
than finy (50) per cent of the total ground 0001' area shall
be devoted to the retail display of merchandise.
(4) Uses engaged in light manufacturing, including com.
pounding, assembly and/or precessing of articles, provided:
a. The 0001' area of the use shall not exceed five thousand
(5,000) square fcet (for purposes of this subsection, 0001'
area does not include the area of accessory uses);
b. The lot on which the use is located is not contiguous to
, a lot with a use owned or operated by the same person;
c. A person intending to establish such use can demon.
strate compliance with the performance standards of
section 36.76 through certification by a registered pro.
fessiortal engineer or other qualified person; and
d. The following uses shall be prohibited:
1. Chemicals and allicd products, manufacture ef.
2. Disposal, rcduction or dumping of dead animals or
alTai.
3. Explosives, manufacture of.
4. Graineries.
5. Iron and steel foundries.
6. Leather tanning.
Supp. No. 501
2545
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IOWA CITY CODE
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7. Meat packing.
8. Motor vehicle manufacture.
9. Oil refining and alcohol plants.
10. Petroleum refining and related industries.
11. Poultry processing.
12. Production of stone, clay, glass, including Port.
land cement plants and quarries.
13. Radioactive waste storage or dispesal.
14. Rubber and plastics, manufacture of.
15. Sawmills.
16. Stockyards and slaughterhouses.
17. Textile mills.
(d) Special exceptions.
(1) Adult businesses, such as massage parlors and other sim.
i1ar establishments which feature nude dancers or models,
provided they shall not be located within five hundred (509)
feet of a restaurant or another adult business.
(2) Cementitious concrete batch/mix plants.
(3) Dwellings located above the ground fioor of anether prin.
cipal use permitted in this zone, provided that the density
does not exceed one dwelling unit per one thousand eight
hundred (1,800) square feet oflot area. A maximum of three
(3) roomers may reside in each dwelling unit.
(4) Group care facilities provided that there is at least three
hundred (300) square feet of lot area for each occupant.
(4.5) Uses engaged in light manufacturing, including com.
pounding, assembly and/or processing of article, where the
fioor area for such use exceeds five thousand (5,000) square
feet. The usa shall not exceed a fioor area of fifteen thou.
sand (15,000) square feet (for purposes of this subsection,
fioor area docs not include the area of accessory uses) and
shall comply with the provisions ef section 36.23(c)(4)b.
through d.
(5) Public utilities.
(6) Schools-Spocialized private instruction.
Supp. No. 54
2546
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! 36-23
(7) Transient housing provided that there is at least three hun.
dred (300) square feet of lot area fer each permanent resi.
dent and two hundred (200) square feet for each temporary
resident.
(e) Dimensional requirements.
(1) Minimum lot area: None.
(2) Minimum lot width: None.
(3) Minimum lot frontage: None.
(4) Minimum yards:
Front-20 feet.
Side-None.
Rear-None.
(5) Maximum building bulk:
Height-35 feet.
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Lot coverage-None.
Floor area ratio-1.
(0 General provisions. All principal and accessory uses per.
mitted within this zone are subject to the requiremcnts of Articles
III and lV, the divisions and sections of which are indicatcd as
follows:
(1) Accessory uses and rcquirements: See Article III.
a. Permitted acccssory uses and buildings: See section
36.56.
b. Accessory use and building regulations: Sea section
36.57.
c. Off.street parking requirements: Sce section 36.58.
d. Off.strcet loading requirements: Sce section 36.59.
e. Sign regulations: See section 36.60.
f. Fenco regulations: See section 36.65.
(2) General provisions: Sea Article lV.
a. Dimensional requirements: See Division 1.
Supp. No. 54
2546.1
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IOWA CITY CODE
b. Tree regulations: See Division 2.
c. Performance standards: See Division 3.
d. Nonconformities: See Division 4.
(g) Special provisions. None.
(Ord. No. 87.3357, ~ 1, 12.22.87; Ord. No. 88.3393, ~ 1, 10.4.88;
Ord. No. 89.3429, ~ 2, 8.2.89; Ord. No. 92.3540, ~ 1, 6.9.92)
Sec. 36.24. Research development park zone (RPD).
(a) Intent. It is intended that this zone provide areas for the
develepment of office, research, production and/or assembly, and
similar uses. Office and research uses should be predominant in
Supp. No. 54
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(2) The bulk storage of flammable liquids (except as provided
in subsection 36.76(i)(3)) and chemicals, when stored either
in underground or aboveground tanks, shall occur no closer
to the lot line or any principal building than the distance
indicated by the following table:
Minimum Separation Distances
Water Capacity
Per Container
(gallons)
Less than 125
125 to 250
251 to 500
501 to 2,000
2,001 to 30,000
30,001 to 70,000
70,001 to 90,000
Underground Aboveground
Containers Containers
10 feet
10 feet
10 feet
25 feet
50 feet
,50 feet
50 feet
None
10 feet
10 feet
25 feet
50 feet
75 feet
100 feet
The distance may be reduced to not less than ten (10) feet
for a single container of one thousand two hundred (1,200)
gallons' water copacity or less, provided such a container is
at least twenty.five (25) feet from any other container of
more than one hundred twenty.five (125) gallons' water
capacity.
(3) For filling stations, the underground bulk storage of flam.
mablo liquids shall be in accordance with the Uniform Fire
Code regarding tank storage underground.
Gl Screening. Where a lot occupied by a commercial or indus.
trial use abuts or is across a street, highway, alley, or railroad
right.of.way from an R or ORP zone, a school, or a recreational
area including a park, playground or the Iowa River, screening
sh!lil be preserved, planted or constructed and maintained by the
owner of the commercial or industrial use in accordance with the
provision set forth below. In the instance where a lot occupied by
a manufactured housing u6e,locoted in an RMH zone, abuts or is
across the street from an RR.1 or RS.5 zone, screening, in accor.
Supp. No, 54
2667
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! 36.76
IOWA CITY CODE
dance with the provision set forth below, shall also be provided by
the owner of the manufactured housing use.
(1) Location.
a. Except for a use in an ORP or RDP zone, screening
shall be provided along lot lines or street right.of.way
in a manner sufficient to effectively obscure the cem.
mercial or industrial use from view at ground level
within the lot lines of a residential or ORP zone, or
school, abutting or located across the street from said
commercial or industrial use.
b. In an ORP or RDP zone where parking is located within
sixty (60) feet of an R, ORP or lD zone boundary,
screening shall be provided in a location and manner
sufficient to effectively obscure all off.street parking
and loading, storage, or other such areas of activity
from view within the lot lines of the residential zone or
school.
c. In an RMH zone, screening shall be provided along lot
lines er street right.of.way in a manner sufficient to
effectively obscure the manufactured housing use from
view within the lot lines of residential development in
an RR.l or RS.5 zone.
d. In all instances where street right.of.way, which acts
to separate the lots on which said uses are located, is
one hundred (100) feet or wider, screening shall not be
required.
(2) Screening materials.
a. A planting screen of pyramidal arbor vitae, the plant.
ingB being at least three (3) feet high when planted and
spaced four (4) feet on center, may be used. Other ev.
ergreen varieties may be used if approved by and spaced
according to the city forester. The planting bed shall
have a minimum dimension of five (6) feet, be free of
any impervious surfaco, and be separated from streets,
drives and parking areas by an unmountable curb or
barrioI' in such a manner that sand and saltwater runoff
will not damage the screening.
Supp. No, 54
2668
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b, Where a planting screen cannot be expected to thrive
because of intense shade, soil or other conditions, a
solid fence of durable construction, an earthen berm
covered with grass or low shrubs and/or other accept.
able materials which provide maximum visual obscu.
rity to a height of six (6) feet at maturity may be used
if approved by the city forester.
(3) Time of installation.
a, If a lot proposed for a commercial or industrial use if
located adjacent to or opposite an existing residential
use or subdivision in an R zone, or a school, screening
as required herein shall be installed prior to occupancy
or commencement of a use. The city forester may grant
a delay to the seasonal calendar dates of June 1 or
November 1, whichever comes first, Similarly, if a lot
or space intended for the placement of a manufactured
housing use is located adjacent to, or across the street
from an existing residential development in an RR.l
or RS.5 zone, the owner of the manufactured housing
use shall provide screening as described herein,
b. If "a" above is not the case, screening need not be
provided until within six (6) months aner a building
permit is issued fer a residential use or a school in an
R zone, a final plat of a residential subdivision is ap.
preved, or a recreational area is available for use on
adjacent or opposite land.
(4) Exceptions.
a. Where a proposed or existing commercial or industrial
use is or will be located adjacent to or opposite a city
recreational area, sereoning may be waived upon the
granting of a special exception from the board of ad.
justment for the following reasons:
1. If adequate existing or preposed landscaping
within the recreational area is or will be provided,
2. If the nature of a use and the building(s) occupied
by the use are not objectionable to the purposo of
the recreational area.
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IOWA CITY CODE
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b. Screening may be waived by the building official where
the view is or will be blocked by a change in grade or
by the natural or man.made features as determined by
the building official.
(5) Maintenance. The owner shall keep all screening properly
maintained, free of trash and litter and all plant materials
pruned in such a manner as to provide effective visual
obscurity from the ground to a height of at least six (6) feet.
(Ord. No. 85.3267, ~ 2, 12.17.85; Ord. No. 86.3280, ~ 1, 2.25.86;
Ord. No. 92.3529, ~ 1, 4.28.92)
..I.'
Sec. 36-77. Reserved.
DIVISION 4. NONCONFORMITlES
See. 36.78. Intent.
It is the intent of this chapter to regulate nonconforming uses
and structures because they have been found to be incompatible
with permitted uses and structures in the zone involved. How.
ever, single.family uses shall not generally be treated as noncon.
forming uses. Nonconforming buildings shall be regulated to pre.
vent an increase in the degree of nonconformity. The lawful use of
any building or land existing on the effective date of this chapter
may continue although such use or land does not conform with
the provisions of this chapter.
/'_.,
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Sec. 36.79. General provisions.
(a) Structural alterations. Structural alterations may be made
to nonconforl)1ing buildings to meet the minimum requirements
of other city cedes.
(b) Unlawful use not authorized. Nothing in this chapter shall
be interpreted as authorization for the continuance of the use of a
structure or land established unlawfully in violation efthe zoning
regulations in effect prior to the enactment of this chapter.
(c) Single.family dwellings treated as conforming. Notwith.
standing any other provision of this chapter, a single.family use,
a single.family dwelling and accessory structures, or a lot on which
Supp. No. 54
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ZONING
! 36.80
a single.family dwelling is located, that was conforming prior to
the effective date of this chapter, shall generally be treated as
conforming for as long as the dwelling is used for a single.family
use. Accordingly, the following rights shall be granted under this
chapter.
(1) Struetures for a nonconforming single.family use may be
restored for a single.family use if destreyed or damaged by
fire, explosion, act of God, or by a public enemy; recon.
structed; expanded; repaired; and structurally altered, pro.
vided all other requirements of this chapter are met.
(2) Nonconforming single.frimily dwellings or nonconferming
accessory structures to a single-family use may be restored
to the same degree of nonconformity or less if destroyed or
damaged by rue, explosion, act ofGod, or by a public enemYi
repaired; and structurally altered, provided such construc.
tion does not increase or extend the degree of nonconfor.
mity. Nonconforming structures shall not be reconstructed
except in compliance with the provisions of this chapter.
(3) , A nonconforming single-family use and a nonconforming
single-family dwelling and accessory structures on a non.
conforming lot shall be granted the same rights as above
and any other rights as if the lot were conforming.
(4) A nonconforming single.family use and a nonconforming
single.family dwelling and accessory structures shall also
be granted the same rights as for other nonconforming uses
and structures.
Sec. 36.80. Nonconforming uses.
Except as otherwise provided in this chapter, nonconforming
uses and structures for nonconforming uses shall be regulated as
follows:
(a) No noneonforming use shall be enlarged nor shall a struc.
ture for a nonconforming use be constructed, reconstructed,
structurally altered, or relocated on the lot.
(b) A nonconforming use may be converted only to a con.
forming use. Once a use is converted to a conforming use,
it shall not be converted back to a nonconforming use.
Supp, No. 54
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936.80
IOWA CITY CODE
(c) Any structure for a nonconforming use, which has been
destroyed or damaged by fire, explosion, act of God, or by a
public enemy to the extent of less than one hundred (100)
per cent of the structure's assessed value, may be restored
for the sama nonconforming use as existed before such
damage. However, the nonconforming use shall not be en.
larged to more than existed before suchdamage.
(d) A lot or portion of a lot, on which is located a structure for
a nonconforming use that has been destroyed or damaged
by fire, explesion, act of God, or by a public enemy to the
extent of one hundred (100) per cent or more, of the struc.
ture's assessed value, shall revert to a conforming use.
(e) A lot or portion of a lot devoted to a nonconferming use,
which is discontinued for a period of one year, shall revert
to a conforming use.
(0 A nonconforming use shall be permitted to have the same
amount and type of signage as would be allowed for such
use in the most restrictive zone in which such noncon.
forming use is allowed.
See. 36.81. Noneonforming structures.
Nonconforming structures shall be regulated as follows:
(a) Any nonconforming structure, which has been destroyed or
damaged by fire, explosien, act of God, or by a public enemy
to the extent of less than one hundred (100) per cent of the
structure's assessed value, may be restored to the same
degree of nonconformity or less.
(b) Except for buildings in an historic preservation overlay
zone, a nonconforming structure, which has been destroyed
or damaged by fire, explosion, act of God, or by a public
enomy to the extent of one hundred (100) per cent or more
of the structure's assessed value, shall not be restored ex.
cept in complianco with the provisions of this chapter. A
nonconforming building in an historic preservation overlay
zone may be placed upon' its original foundation or the site
of the original foundation regardless of the extent of the
Supp, No. 54
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ZONING
! 36.82
damages provided that it is reconstructed as near as pas.
sible to the original exterier design.
(c) Any nonconforming structure containing a conforming use
may be converted to another conforming use, provided there,
shall not result an increase in the degree of nonconformity
of the structure.
(d) A nonconforming structure may be structurally altered,
provided it is structurally altered in a way which will not
increllSe or extend its nonconformity or in a way which will
reduce its nonconformity.
(e) Any nonconforming structure which is relocated on the
same lot shall thereaner conform to the provisions of this
chapter.
Cross reference-Nonconforming structures in Ooodplnins, ~ 36.36.
,.~"~',
Sce. 36.82. Nonconforming lots.
Development of nonconforming lots shall be regulated as fol.
lows:
(a) Any use or structurc for a use permitted in the zonc in
which the Jot is located may be established or erectcd, pro.
vided the usc or structureinects all other requirements of
this chapter. No use or structure for a usc, eithcr one of
which requires more lot area than presently exists, shall be
permittcd, except, howcver, in any zone in which single.
family dwellings are pcrmitted, a single.family dwelling
and accessory buildings may be erected on any lot ofrccord
on thc effcctive date of this ordinance, notwithstanding its
failure to mcet the rcquirements of the zone for lot area.
(b) All existing conforming or nonconforming uscs and stl'Uc'
tures shall be treatcd as if such uses and strucLures were
established on a conforming lot. Howev~r, no usc nor struc.
ture for a use, eithcr one of which requircs marc lot area
than prcsently cxists and the structuro of which has been
destroyed or damaged by fire, explosion, act of God, or by a
public enemy to the extent of ana hundred (100) per cent or
more of the structure's assesscd value, shall be rcstored
except in compliance with the provisions of this chapter.
Supp. No. 54
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! 36-82
IOWA CITY CODE
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(c) If two (2) or more abutting lots or portions thereof become
in single ownership, the land involved shall be deemed a
single parcel for the purposes of this chapter and no portion
of said parcel shall be sold or used in a manner which
diminishes compliance with lot frontage, width and area
requirements.
(Ord. No. 92.3541, ~ 1, 6.9.92)
Sec. 36.83. Reserved.
DIVISION 5. IMPLEMENTATION
Sec. 36.84. Enforcement.
(a) It shall be the duty of the city manager or his!her designee
to enforce this chapter. It shall also be the duty of all officers and
employees of the city and especially all members of the police
department to assist the city manager or his!her designee by reo
porting to him/her any new construction, reconstruction, land
uses, or other seeming violations.
(b) Appeals from a decisien of the city manager or his!her des.
ignee in enforcing this chapter may be made to the board of ad.
justment as provided in section 36.91.
,
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Sec. 36.85. Construetlon prIor to chapter.
Nothing in this chapter shall require any change in plans, con.
struction or designated use of a structure for whieh a building
permit has lawfully been issued prior ,to the effective date of this
chapter.
Supp, No, 51
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CODE COMPARATIVE TABLE
OrdlnlU1co Adoption Scctlon
Number O.to Section this Code
90.3466 7.31.90 2 Rpld S.1Ol-8.1l2,
6.124-8.127,
8.138-8.144,
8-146-8-154
3 Added 8-101-6.112,
8.124-6.127,
8.138-8.144.
8.146-8.154
90,3467 7.31.90 1 1.20-1.22
90.3469 8.7.90 1 36.91(0)(21
90.3470 8.7.90 1 36.58Idl(6)
90.3472 8.21.90 1 33.73(,1
90,3473 8,21.90 4 Rpld 8-161-8.164,
8.171-8-190
5 Addod 8.161-8.184,
8.171-8.191
90,3474 8.21.90 33-45Ih)
33.134
33.137
33.1491.1
90.3476 8.21.90 1 22.38ibl
90.3476 8-21.90 1 32.1-73
90.3478 1()' 2.90 2 8.17122)(81, (23)
90.3479 10.2.90 1 32.271cl
90.3480 10.18.90 1 31.134-31.150
'....----' 2 Rnbd 31.145-31.157
as 31.181-31.173
90.3484 12.11.90 '1(1)-(4) 33.3
91.3487 2.5.91 1 36.3Ihl,
36.4IhI13)
91.3488 2.19,91 1 36-4(c)(9.11
91.3489 2.19,91 1 24.170-24.172
91.3490 3.5.91 1 15-42
2 Ch.15, tit.
91.3491 2.19.91 1 Rpld 33.41-33.48
Addod 33.41,33.42,
33.45-33.48,
33.50
91.3492 4.2.91 1,2 33.48,33.49
91.3493 4.2.91 1 32.1.95
91.3494 4.18,91 1 31.91
91.3495 4.16.91 I 9J.71dl
91.3496 5.28.91 1 33.135,33.155
91.3497 5.28.91 1 32.1-55
91.3498 5.14.91 1 32.1.73
91.3502 7.0.91 1 17.2
2,3 17-41.1,10
4,5 17.5011I111, (nl(3)
8 17.7
Supp. No. 54 2970.3
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IOWA CITY CODE ('
Ordinance Adoption Section
Number Dolo Section this Codo
91.3503 7.23.91 Rpld 33.16,33.17,
33.26-33.33.
33-71-33.76.12
Added 33.71.25-33.71.41
IRnbd as] 33.20.1,33.20.2,
33.20.11-33.20.25
91.3504 7.23.91 Rpld 33.76.16-33.76.28
Added 33.76.25-33.76.40
33.30.1. 33.30.2
IRnbd as) 33.30.11-33.30.24
91.3505 8.20,91 Rpld 4.1-4.4,
4.16-4.23,
4.35-4.37,
4-41-4,54,
4.65-4,68,
4.71-4.89.
4.90-4.98
Added 4.1-4-4,
4.18-4.23,
4.33-4.54,
4.85,
4.71-4.87 .,........
4.90-4.99
91.3508 10.15.91 2 10.35 \
91.3509 10.15.91 2 2.17111, (31
91.3510 10.15.91 1 7.58 .....~~- "
91.3511 11.12,91 1 38,62Ic)(1)0.1, '.5
91.3512 11.12.91 1 38.11(0)
02.3519 3.17.92 1 36.29,5
92,3520 3.17.92 1 36.16
92.3521 3.17.92 1 36.58(0)
92.3522 3-17.92 1 32.1.110-32.1-124 '
92.3527 4.14.92 1 36.151,1(4)
92.3529 4.28.92 1 36.161,11310
36.76111121,131
92.3531 4.28.92 1 24.6-24.8
92.3533 5.12.92 1. 27.41
2 27.57(01
3 32.42Ib)
92.3538 5.26.92 1 32.1-63
92.3539 5.12.92 1 15.1-15.6,
15.10-15.13,
15.20-15.24,
15.39-15.42.
15.59-15.58,
15.70-15,84
92.3540 6.9.92 36.231b)(17.1)
92.3541 6. 9.92 36.82101
92.3542 6. 9.92 32.1.55
Supp. No. 54 2979.4 \.-'
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CODE INDEX
c
CARNIVALS
Group activilies in park.... .............. ....,.,..........
Parks nnd recreation. See that title
Use of public ways for parades, marches and public entertain.
ment ."..............................................
Streels ond sidewalks. See thnltit!o
CASUALTIES
Iowa River regulations. .. , , ........ , ...,.. .,. ,.........,...
Iowo River, Soe that titlo
CATS AND DOGS
Pel animals.. .... ,..... ......",.." '0' ...................
Animol, and fowl. Soo thot title
CELLAn DOOnS
Uncovered openings. ,. .... , ........ ....... .... ........,.. .
,......-""
CELLARS AND UASEMENTS
Basement window egreSSj minimum struclurw standards for
dwelJinb~, ...""" ..,.., ....,....... ,................
Cellar windows used for vcntillltioni minimum structura1stan.
dnrd, for dwollings .", ""..,...,..,... '.. .... ..,...,.
Housing, See Ihal tit!o
CEMETERY
Animals in.."..............".""....."......".......,
Care nnd maintenance,.................,..................
Firearms, dischargo of.,.."."."",.,..".."......".."
Hours regulnted..""..,.".."",.,.,..,........."......
Injury 10 plonts, ele".. . '..., ..,'.... , ." '.., ..,. ,.. .......
^.fonuments, derncing. , . ., , , .."..". """"" ."...." '"
Nonperpetunl care. , , , . ., ..... , , , ., , .. .... ., ... ...... '....,
Rntes and charges for services...,..... ...,.,. ..., ,.........
Regulnlions... ..' .,'. , , " , , '........ ......., ....... '......
Speed limit of vehicles, , . , .,.. '" , ,. , . '..... ... ...., ... ,...
I
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, '
Section
25.48 elscq.
31.141 et soq.
24.78 el soq.
7.17 et scq,
31.7
17.51i1
17.51k)
9.4
9.1
9.7
9,5
9.9
9.8
9,10
9.3
9.2
9,6
CESSPOOLS
Nuisanco nbnlcment regulatiolls""....,..,....,......."., 24.101 et scq.
Nuisances, See thnt title
CHATTELS
Personal preperty defined re,.........................."" 1.2
CIIILDREN, Seo: Minors
CIIIMNEYS AND SMOI(EPlPES
RenLnI housingl requirements re....... , "..... ... , ... , ..... 17.7(el
Housing, Scc also Ihnttitlo
Snpp, No, 64
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IOWA CITY ~ODE
CIGARS. CIGARETTES AND TOBACCO
Minors, cigarette soJes to.................................
Minors. See thnt tille
Sale of cigarette papers in violation of state laws
Nuisance provisions rc buildings or places used for.... ..
Smoking prohibited in designated orens....... ......,. ....
Smoking, See also that title
Smokin~ regulations at airport. .. ... ... .. . .. .. .. .. .
Airpnrt, nnd nircraft. See that titlo
CIRCULAR DISTRIBUTION
Billpoatora, billpoating and di,tribution .,.",....,..
Adverti,ing. See that title '
CIRCUSES. CARNIVALS, MENAGERIES, ETC.
Group activities in parks ........,...............,.
Parks and recreation. See that title
CITY
Defincd ..........................................
CITY A'I'I'ORNEY
Appointment, removal, duties................ ....,.
ABBi,tant city nttomey, ...........................
Compensation " .............. .........' .... '0....
Defined....... ...,................................
Facilities Ilnd slllffto be provided, .. .. . . .. .. . " . " .. " "
Logal dopartment .. ........................,......
Specin! n"i,tant city attorney, ...................
StafC . ....... ...................,........ ........
CITY CLERK
Appointment and qualiCicaUona ......,...'.........
CerUCienUon oC oxpenditure inatmmenta ............
Clerk oC council ................... ...............
Custodian or records and scals ".........".."....
DoCined .... ......................................
Genoral duti.. ..................,.................
OWeial bond, etc. ...,."....,.,'....",.""'..',,
CITY COUNCIL
Admini,trntivo codo ...............................
Admini,tr.Uve code. ilee thot titlo
Alcoholic beverages, consumption or possession in municipal
building, .. . .. .. .. . .. , .. , .. .. , , . .. .. , .. , , . .. , .. ,
Clork oC council. dutloa of city clerk ...,...,.,.....
Compensation..................,.......",....... .
Itcvicw or, when""",..".,.......,...,...,.....,
District,
Establi,hed .............,..............,........
~fnyor in genera) ......,.".....,...",.,."......
Mnyor, See that title
Supp. No. 54 2994
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Section
24.6 ot acq,
24.10114)
24.5
4.66
3-16 et acq.
25.48 et acq.
1.2
2-63
2.65
2.67
1-2
2,66
2.5
2.64
2-6R
2-75
2.78
2.79
2.77
1-2
2.76
2-75
2.180 ot anq.
54
2.79
2.18
2,6
2.17
2.42 et anq.
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CODE INDEX
FRANCHISES-ConCd.
Damages arising from company's negligence
Company to hold city harmless......,.,.........".
Grade, conformity... '.. ..".. .......' ......... ....
Grant notcxclusive..,.......,.........,...........
Granted ..". ...." "',""" ......., ,............
Polcsnnd wires, location..........,....,............
Police and fire alarms...."",...,.....,...........
Underground electric service. , . . . , . . " . . . , . . . . . . . . . . . .
Electric service (underground). See that title
FUNERALS
Reserved spaces for...... ,............... ..... .......
Traffic, See that titlo
FURNACES AND BOILERS
Mechanical code ....,.......,....,.,.,....."..,....,
Mechanical code. See that title
G
GAMBLING
Alcoholic beverage premise scls prohibited. . . , , . . . . . . . . . .
Nuisance provisions re buildings or places where gambling is
carried on, etc, ",...".,..".........".........
"-"",.r'
GAMES
Playing in streets, , . , . , .
,..."......",..............
GARAGES
Floor drains
"H."",.,,,,,.,,,,...
""".........
GARDAGE AND TRASH
Aircrufi
Dropping litter from
AVplil1l1Ccs
Collection of" """ ,.....,., .....", '" ...."", ....,
Separnlion from other solid waste for disposal.., , , , , ,...
I3nttcrics,lt!nd acid
Cortnin \Vasto not subJoct to colloctlon.....,.............
Brush
Slorogo of.............................................
Dulky rubbish
Colloctlon of....... ................ ....................
Colloctlon and lransportotlon
Certain promises
Colloctlon from by city prohibited.....................
Cortain \Vasto not sub]oct to colloctlon..... .............,
Deposits
Dollnquoncy of nccount, doposit.......................
Establishment of account, doposits....,...............
..,....,'""....""......
SuPp. No. 54
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14.55
\4.54
14.56
14.52
14.53
\4,57
33.77 et s.q.
23.24S
844 et seq.
5,2
24.101(7)
31.3
8.163
15,79
15.31
15.56
15.35
15.23
15.31
15.38
15.35
15,42,33.48
15.41,33.48
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IOWA CITY ~ODE
GARBAGE AND TRASH-Cont'd.
Rentn! housing, owner to furnish containers. . . . . . . . . . . . .
Rosidentinl collection fees ...',............'" ..........
Residential dwellings, collection from.................. .
Responsibility for compliance............. ,.............
Responsibility oCcolJectora....... ......... ,.............
Recycling waste.........,...,............,............
Times, location of colleclion containers... . , ,. , . . . . . . . . . .
Tires, appliances, bulky rubbish
Collodion of.,...........,. .,..".,... '..' ",........
Tree, brush limbs....... ,........,. ....... ,.... ........
Yard wosto",............"............,..............
Commercial solid waste
Collection prohibited by city..,.........",.............
Commercinl solid waste haulers
Permit
Applicntion. , .... " ...,.., , .....,...., ,...... ..,.....
Feo ..'. ..'. ".,... .... ...,.',.,...... ....', ,.... ....
Issuance ... .... ...., ........ ........ ...,........., ,.
Hequircd.. ......... ......... ............... .........
Transferability.... ......... ...... ......... .."..,.,.
Containers
Litter, placement of in receptaclcs so as to prevcnt scat.
tering... ...,..... .........,. ",. ,. ",.", """,.,
Locntlon of solid waste containers,...,..,...".....,...,
Required.. ...' ....., .... ...........".............. ,..
Specifications for,. ""..... ,..'" ".",...' ..'"".."
Times and location or collection containers. . .. . , . , " . , . , ,
Use of required ., .." ".,...,.. ...." ."....., ......' ,.
County provisions.,.,.,............".........,.."..,...
Definitions, ... ....', ...... .., ....." .."" ." ..".... ...
Deposits
Delinqueacy dcposit.....".,.,."......."".........,.
Establishment of accouat, deposit..,.......,.."........
Direclor
Rule.making authority... ... ..'", .,..... ... .,....., ...
Disposal
Appliances
Cortala wnsta not subject to collection.. ......'...... ..
Soporawd from othor solid wnsto for dis""snl . . . . . . . . . .
Cortnln wnslo not subject ta collection..., ...............
Facilities for..... ......................................
Feos fordlsposnl.......................................
Hoznrdous or special wnsto.............................
Hnzardous wnsto
Ponlllties for impropor dls""snl of.....................
Lead acid battories
Cortain woslo aot subject to collection....,.. ......'.. .
Supp. No. 54
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17.7(x)
15.40
15.30
15.37
15.39
15.34
15.36
15.31
15,32
15.33
15.38
15.11
15.12
15.12
15.10
15.13
15.73
15.24
15.20
15.22
15.36
15.21
15.3
16.2
'......~.
15.41,33-48
15.40,33.48
15.5
15.35
15.56
15.35
15.50
15.58
15.51
15.57
15.35
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CODE INDEX
GARBAGE AND TRASH-Cont'd.
Disposol of. .....,........"................".........
Prohibited wnsto
Penalties for improper disposal of.........,.......... .
Tires
Cerlnin wasto not subject to collection... .....,.......,
Disposol ofUr08 ot Iondfill ...........................
Wnslcoil
Certain wasto not subject to collection... ,....,.......,
Yard wasto
Certain wusto not subject to collection....,............
Disposol ofot londfill................................
Soporoted from other solid wnsto for disposol . . . .. . . . . .
Enforcement.............................................
Fees
Collection ofrcsidcntial wosto, fees. ....".,.,.. .,......
Doposits upon dolinquency of account . .... ......... .....
DeposIts upon estoblishment of account ..............;..
Diepo.oI feos ..................... ........ ....... ......
Feos or chorges authorized............... ........ ......
Fountains
Throwing litter in ;.............................. ......
Gutto,"
Swooping litter inlc........ ............................
Hazardous wasto
Certoln wnsto not subject lc collection...................
Penoltics for Improper disposal.. .. . .. .. .. .... .. .. .. .. ..
Housing stondard.. See: Housing
Storago ond dl.posol of garbago and rubbish.............
Typo III dwollings ... ...... ..... .. ............ ..... ....
Iowa River regulations.........."... ....,........." ....
Iowa River, Soo thot tttle
Lokos
Throwing litter In ..... ..... ..... ......................
Landfill.
Appliancos, dlsposol of.....................,...........
City londfillsitos, depositing littor ot...................
Tiros, dl'po'ItJ at .., .,'...... ,.......... ...............
Yn.;cl waste, disposal at.....,....,......,...""..,.....
Limbst brush
Storage,...."....".......,......................... .
Littering
Aircraft
Dropping from....,..................................
City londOn .Ites
Doposltlng IIttor at .. ........... ........ .............
Clearing of voeant prlvalo properly upon owno" folluro to
clear."".", ..". ......"....."", """""""
Supp. No. 54
3015
'f
1
,
Section
15.52
15.57
15.35
15.54
15.35
15.35,15.54
15.55
15,56
15.4
15-40
15.42,33.48
15.41,33-48
15.58,32.1-55
32.1-55
15.78
15.74
15.35
15.57
17.81d)
17.10
~4.78 ot seq.
15.78
15.53
15.84
15.54
15.55
15.23
15.79
15.84
15.83
~/f#8
~.
IOWA CITY CODE
GARBAGE AND TRASH-Cont'd,
Definitions.. ....." ". ..... .." ,'.. ,.... ...." ........
Lakes, fountains
Throwing in prohibited...".....,." ,.,,'. '.....'.,.,
Occupied private property
Depositing liltcr on..................................
Owners to maintain premises free of....................
Porks, throwing in prohibited....................... , ...
Placement in receptacles, preventing scattering,..... ....
Prohibited in public places generally...,.. ...........,..
Public places, prohibited in generally...... ......... ....
Scattering, preventing.,...,. ...................... ....
Short title,.........," .,... '..'..'........... .........
Sweeping into gutters, streets, public places prohibited...
Throwing from vehicles,.....................,.........
Throwing in parks.............,..... .............. ....
Trucks cnusing litter
Operation of prohibited..... .... .............'........
Vo..nt Iota
Throwing or depositing on prohibited. . . . . . . . . . . . . . . . ..
Maintaining premises free or litter by owners, . . . . . . . . . . . . ,
Manufactured housing parks
RefuBC ond gnrboge handling........,....,.............
Mobilo home pork r"eptades.............,....,..........
Nuisonces, See also thot tiilo
Abatomont of........,..,..".".,.... ..............".
Doclored ......... ............. ..... ..... ..............
Parks
Throwing litter io prohibited. ..........................
Private property
Depositing litter on occupied private property.... ....,...
Prohibited practices.........,.,.,...........,....,...,...
Public plnees
Littering prohibited gonerally , .. . .. , .. . .. . .. .. . .. , .. ...
Public works department divisions"..............,.......
Purpose"" ... ,......, '" ...., ,..., ... ......, ,.... ,.....
Rule.making authority of director,...., .. ". .,....... '.,..
Solid wasle containers
Location of.... "" ...., ..". ,.." .., ,...., ........, ..,
Solid wasto sorvice Rccount
Doposit upon delinquoney or..." ...".'..,....,...,.."
Doposit upon establishment of, , , , ,'.' '.... , .,.. , ,.. .."
Storogo
Containers required. " , ., , .... ...., , .. , , , .... , , .., , ...,
Limbs and brush.storngc of.,., ",... ...", ",., ". ,...
Solid waste containers, location..,.,..,."'."'.........
Specifications for containers..........................,.
Uso nnd maintenance of surrounding areas. requirements
Supp. No, fi.l
3016
~~\.~
Section
15.71
15.78
15.80
15.81
15-77
15.73
15,72
15.72
15.73
15.70
15.74
15.75
15.77
15.76
15.82
15.81
22.37
22.39
24.103 ot 8Oq.
24.101
15.74
15,80
15,6
15.72
2.166
15.1
15.5
15.24
33,48
33.48
15.20
15,23
15.24
15.22
15.21
'I
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,
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,......../
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~.
CODE INDEX
,. ,
'I
, '
MANUFACTURED HOUSING PARKS-Cont'd,
Sidewnlks..." ..,. '" ,,'... '" ..,..., ,'...,. '... ,.......
Space requirements. ,. .."..................,...........
Streets, specific requirements for."....................,.
Utilities...,....................... ................,... '
Violations ......,..., ... '" ".,.. ....." ..........
Purpose..., .,,'..., ,., ...." ..., ..,... .,. "...............
Ticdowns in rental housing, requirements. ..., ,.. ...........
Housing. Soo that tille
MANURE DISPOSAL
Pet animal prohibitions and requirements., ....... .....,....
Animals and fowl. Sco thattillo
MAPS. Soo; Survoys, Maps and Plats
MARCHES
Use of public ways for parades! marches and public entertain.
ment, '...,.. ..,...... ,'... ..............,.....,...... 31.141 et scq.
Stroots nnd sidownlks. Sco thallHlo
Scclion
22.341hl
22.34Ie)
22,35
22.36
22.23
22.1
17.51ml
7.190tseq.
MARITAL STATUS DISCRIMINATION
Human rights provisions.......,., ,....".....,....."..." 18.1 ct scq.
MAY lIast Mondoy 00
Computation arUme cc..,........",..........,...... ,.,.. 1.2
'",---,'
MAY, SHALL
Donncd."....",."......"......,.....,............".. .
MAYOR
Absence or inability.".., .,...,......"..................
Administrative code.........,...,.."......,.....".....,.
Administrative code. See that title
Chief city representative.....".........,....,.............
Compensation.,..,...,..,...............,....",.....".. .
Review of, when.".....".,...,.....".,."..,..........
Contracts, purchasingl etc.
Powers to. .......,.,'..", '... ...... ,.., ....,., """'"
~fllyor pro tern, ,.,. . , ., , .... , , ,. , ,." ... ..... ............,
Powers ',..............."".."..........................
Volingrights . '..",." ..",. '.. ....,..... ................
Council moclings and procedures. Seo: City Council
MEAT AND MEAT PRODUCTS
Poison meal exposed to animals.,., ,,,,......., ..:.., ......
Animals and fowl. Soc thnl tilio
MECHANICAL CODE
Adopted .,.........,.....,.....,.......................,..
Amendments ........,........""",.....",.............
Supp. No. 54
3027
'-....../
;),\1'
'l'''~,J \t~i
1.2
2.42
2.180 el scq,
2,46
2.44
2.6
2,45
2,42
2.45
2.43
7.3
8..14
8.~5
,;J./h8
~.
IOWA CITY CODE
MECHANICAL CODE-Conl'd,
Connicts in provisions. , . . . . . .
Minimum requirements.
MEDICINES. See: Drugs lIud Medicine!>
MEETINGS
Smoking prohibited in public meetings. .. .............
Smoking. See also thut tit!(I
Unlllwful assemblies.. , " " . . .. . . .. . .. , . . . .. . , . . .. .
Assemblies. See that title
METALLIC KNUCKLES
Concealed weapons, currying.,........,....,....,...,.
Firellrms and weapons. See that tille
MINORITY R,;LATIONS
Human rights provisions. . , . . . . . . , . . . . . . . .
MINGHS (Juveniles, children, infants, etc.l
A1coholicbevcru~cregulution5......".......".".." .
Alcohulic heverages. See thut utle
Cigarette sales to minors
Employeo educntion....................................
Enforcemont ofrogulotion'.."........,................
Prevention .......... ..... ...,.........,.... ,..... ....-
Curfew provisions ...... ....... ".." .,..
Curfew. See Ihut title
UlInch for minors 11\ connection with busincBs
Alcoholic be\'l'rll~cs. See 11150 that title
Iowa nivcr re~ullltions ..
l/lwa Uiver. See thllt tille
MISCELLANWUS PROVISIONS, See: orrell'" IInd Misccl,
IlInclIu5 Provisio1lS
MISDEMEANOR
Conslrued
MISSIl.ES, BALLS, ETC,
Prohibited I1ctivities in parks, etc.
Parks and recreation. See that title
Throwing balls in streets. . . . , . .. ....
MOBILf; HOMES AND MOBILE HOME PARKS..~c: Monu.
fncturcd Housing Pnrks
MOBILE VENllOllS
City plazR, rChrulntillns for.
City plnlll. Sill! nlso that titlo
Supp. No, 64
3028
..(
\ ,.~, .
}J' Is;.;:>
Section
8.47
8,47
24.5
24.2
24,S6
10,IoIscq,
5.1 el Sl!q.
24.7
24.8
24.6
24,32 elscq.
5,7 elscq,
2H8cl5Cq.
1,2
25,1
31.3
9,1.1 01 ~eq,
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~/
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CODE INDEX
MOBS
Unlawrul assemhlies . . , , . . , .
A!lScmblies. See that title
MODllLAB HOMES, See: Monuraclured Housing Parks
Section
24.2
, , . . . . . . . , . . , . . , . . . .
,_/
Supp, No. 64
"-
3028.1
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RESOLUTION NO. 92-277
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN ADDITIONAL SANITARY SEWER EASEMENT AGREEMENT FOR
GALWAY HILLS SUBDIVISION, PART ONE.
WHEREAS, a portion of the sanitary sewer lines for Galway Hills Subdivision, Part One, are
located outside of the original easement areas as shown on the final plat of said subdivision; and
WHEREAS, it Is necessary for DAV-ED Umlted to grant additional easements for those areas not
shown on the final plat; and
WHEREAS, the City Council deems It In the public Interest to enter Into a sanitary sewer
easement agreement concerning those areas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Sanitary Sewer Easement Agreement attached hereto Is hereby approved and the
Mayor Is authorized to sign and the City Clerk to attest said agreement.
It was moved by Ambrisco and seconded by Horowitz
adopted, and upon roll call there were:
the Resolution be
AYES:
. NAYS:
ABSENT:
,.
..L-
....L-
x
--X.-
..L-
....L-
....L-
Passed and approved this 13th
Ambrlsco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
day of Dc tober , 1992.
~~
Approved by
ATTEST: ~~ k'. fdt,,/
CI CLERK
?
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IO/P/,;;J.",
n:\lags~galwsy.ras
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~.
SANITARY SEWER EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into by and between
DAV-ED Limited (DAV-ED), which expression shall include its
successors in interest and assigns, and the city of Iowa city,
Iowa (the city), which expression shall include its successors
in interest and assigns.
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration,
the receipt of which is hereby acknowledged, DAV-ED hereby
grants and conveys to the city an easement for the purposes of
excavating for and the installation, replacement, maintenance
and use of such sewage lines, pipes, mains, and conduits as
the city shall from time to time elect for conveying sewage,
with all necessary appliances and fittings, for the use in
connection with said lines, together with adequate protection
therefor, and also a right of way, with the right of ingress
and egress thereto, over and across the real estate described
in the attached Exhibits "A", "B" and "c" and shown on the
plat attached hereto as Exhibit "D", hereafter described as
"easement areas."
DAV-ED further grants to the City:
1. The right of grading said easement areas for the full
width thereof, and to extend the cuts and fills for such
grading into and onto said lands along and outside of the said
easement areas to such extent as the city may find reasonably
necessary.
2. The right from time to time to trim, cut down and
clear away any and all trees and brush on said easement areas
and also to trim, cut down and clear away any trees on either
side of said easement areas which now or hereafter in the
opinion of the City may be a hazard to said easement areas, or
which may interfere with the exercise of the city's rights
hereunder in any manner.
The City shall promptly backfill any trench made by it,
and repair any damages caused by the city within the easement
areas. The city shall indemnify DAV-ED against unreasonable
loss or damage which may occur in the negligent exercise of
the easement rights by the city. Except as expressly provided
herein, the city shall have no responsibility for maintaining
the easement areas.
DAV-ED reserves the right to use said easement areas for
purposes which will not interfere with the city's full
enjoyment of the rights hereby granted; provided that DAV-ED
shall not erect or construct any building, fence, or other
1
1
, ,
.J1101
~.
SANITARY SEWER EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into by and between
DAV-ED Limited (DAV-ED), which expression shall include its
successors in interest and assigns, and the city of Iowa City,
Iowa (the City), which expression shall include its successors
in interest and assigns.
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration,
the receipt of which is hereby acknowledged, DAV-ED hereby
grants and conveys to the city an easement for the purposes of
excavating for and the installation, replacement, maintenance
and use of such sewage lines, pipes, mains, and conduits as
the city shall from time to time elect for conveying sewage,
with all necessary appliances and fittings, for the use in
connection with said lines, together with adequate protection
therefor, and also a right of way, with the right of ingress
and egress thereto, over and across the real estate described
in the attached Exhibits "A", "B" and "C" and shown on the
plat attached hereto as Exhibit "D", hereafter described as
"easement areas."
DAV-ED further grants to the City:
1. The right of grading said easement areas for the full
width thereof, and to extend the cuts and fills for such
grading into and onto said lands along and outside of the said
easement areas to such extent as the city may find reasonably
necessary.
2. The right from time to time to trim, cut down and
clear away any and all trees and brush on said easement areas
and also to trim, cut down and clear away any trees on either
side of said easement areas which now or hereafter in the
opinion of the city may be a hazard to said easement areas, or
which may interfere with the exercise of the city's rights
hereunder in any manner.
The city shall promptly backfill any trench made by it,
and repair any damages caused by the city within the easement
areas. The city shall indemnify DAV-ED against unreasonable
loss or damage which may occur in the negligent exercise of
the easement rights by the city. Except as expressly provided
herein, the City shall have no responsibility for maintaining
the easement areas.
DAV-ED reserves the right to use said easement areas for
purposes which will not interfere with the city's full
enjoyment of the rights hereby granted; provided that DAV-ED
shall not erect or construct any building, fence, or other
. I
1
, ,
..11101
i
'I
, '
~.
- 2 -
structure, plant any trees, drill or operate any well, or
construct any reservoir or other obstruction on said areas, or
diminish or SUbstantially add to the ground cover over said
easement areas.
DAV-ED does hereby covenant with the city that it is
lawfully seized and possessed of the real estate above
described, and that it has a good and lawful right to convey
it, or any part hereof.
Nothing in this Agreement shall be construed to impose a
requirement on the City to install the original public
improvement at issue herein. Nor shall DAV-ED be deemed
acting as the city's agent during the original construction
and installation of said improvement. Parties agree that the
obligation to install the public improvement(s) herein shall
be in accordance with city specifications, and the obligation
shall remain on DAV-ED until completion by DAV-ED, and until
acceptance by the City, as provided by law.
The provisions hereof shall inure to the benefit of and
bind the successors and assigns of the respective Parties
hereto, and all covenants shall apply to and run with the land
and with the title to the land.
I e> "!
Dated this day of
~G.t.<..
, 1992.
eM
Pres dent
BY~tU,~~
ward W. Thomas
Assistant Secretary
CITY OF IOWA CITY, IOWA
BY,~
Mayor
ATTEST:
)11 ~AM/l( ) // -JdJ,1 )
clty Clerk
\
~.
- J -
STATE OF IOWA
ss:
JOHNSON COUNTY
On this /g<<, day of Dc ~-:;4P? , 1992,
before me, the undersigned, a Notary Pubfic in and for the
State of Iowa, personally appeared William David Cahill and
Edward W. Thomas, to me personally known, who being by me duly
sworn, did say that they are the President and Assistant
Secretary respectively, of the corporation executing the
within and foregoing instrument to which this is attaohed,
that no seal has been procured by the corporation; that said
instrument was signed on behalf of the corporation by
authority of its Board of Directors; and that William David
Cahill and Margaret M. Cahill as officers acknowledged the
execution of the foregoing instrument to be the voluntary act
and deed of the corporation, by it and by them vOluntarily
executed.
@
Q~QOr'@
CHARLES A. MUllEN
MY COMMISSIOH EXPIllES
~23,19M
Notary PubllC ln a d for sald'State
STATE OF IOWA
JOHNSON COUNTY
ss:
On this /5 '1"fl day of O~'OBG.e. , 1992,
before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared Darrel G. Courtney and
Marian K. Karr, to me personally known, who, being by me duly
sworn, did say that they are the Mayor and city Clerk,
respectively, of the city of Iowa city, Iowa, executing the
within and foregoing instrument; that the seal attached
thereto is the seal of said corporation by authority of its
city Council; and that the said Mayor and city Clerk
acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them
voluntarily executed.
SaraN'.4- ~Lll"\7
Notary Public in and for said State
J./109
"
,
,
~,
Exhibit "A"
LEGAL DESCRIPTION
CENTERLINE OF A 20.00.FOOT WIDE SANITARY SEWER EASEMENT
Commencing at the Northeast Corner of the Fractional Northwest Quarter of
Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian,
(The North Line of Which is Recorded to .Bear S89007'30"WI, Thence S89007'30"W.
along said North Line, 813.04 feet; Thence SOoo52'30"E, 74.13 feet, to the
Point of Beginning, of the Centerline of a 20.00 foot wide Sanitary Sewer
8asement; Thence N88025'55"E, along said Centerline 50.50 feet; Thence
N87049'43"E, along said Centerline, 201.14 feet; Thence N87037'25"E, along
said Centerline 158.92 feet, to a Point on the Westerly Line of Lot 4, of
3alway Hills Subdivision, which is 15.14 feet, S14048111"E, of the Northwest
~orner of said Lot 4; Thence continuing N87037'25"E, along said Centerline,
174.57 feet, to a Point on the Common Lot Line between lots 3' and 4, of said
3alway Hills Subdivision, which is 10.64 feet, S16054'32"E, of the Northeast
~orner of said Lot 4, Thence continuing N87037'25"E, along said Centerline,
l.43 feet, to the Point of Termination of said Centerline of a 20.00 foot Wide
lanitarYSewer Easement.
~I~?
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Exhibit "B"
LEGAL DESCRIPTION
CENTERLINE OF A 2Q.Oq. FOOT WIDE SANITARY SEWER EASEMENT
Commencing at the Northeast Corner of the Fractional Northwest Quarter of
Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian,
(The North Line of Which is Recorded to Bear S89007'30"W); Thence S89007'30"W.
along said North Line, 813.04 feet; Thence SOo052'30"E, 74.13 feet; Thence
N88025'5/j"E, 50.50 feet; Thence N87049'43"E, 201.14 feet; to the Point of
Beginning, of the Centerline of a 20.00 Foot Wide Sanitary Sewer Easement;
Thence S46019'41"E, along said Centerline, 296.82 feet, to a Point on the
Westerly Line of Lot 5, of Galway Hills Subdivision, which is 100.52 feet,
N14048'll"W, of the Southwest Corner of said Lot 5; Thence S38048'04"E, along
said Centerline, 86.01 feet, to a Point on the Common Line between Lots 5 and
6, of said'Galway Hills Subdivision, which is, 41.30 feet, N43005'28"E, of the
Southwest Corner of Said Lot 5; Thence continuing S38048'04"E, along said
Centerline, 45.72 feet, to an Existing Sanitary Sewer Manhole, which is 8.94
feet Normally Distant Northeast~rly of the Southerly Line of Said Lot 6;
rhence S72049'05"E, along said Centerline, 73.83 feet, to a Point on the
~ommon Line between Lots 6 and 7, of said Galway Hills Subdivision, which is
5.52 feet, N21'57'27"E, of the Southeast Corner of said Lot 6;, Thence
=ontinuing S72049'05"E, along said Centerline, 116.96 feet, to the Southeast
~orner of said Lot 7, and the Point of Termination of said Centerline of a
20.00 foot Wide Sanitary Sewer Easement. '
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.-
..
Exhibit "e"
LEGAL DESCRIPTION
CENTERLINE OF A 20.00 FOOT WIDE SANITARY SEWER EASEMENT
,R . '-.
Commencing at the Northeast Corner of the Fractional Northwest Quarter of
Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian,
(The North Line of Which is Recorded to Bear S89'07'30"W); Thence S89'07'30"W.
along said North Line, 813.04 feet; Thence SOO'S2'30"E, 74.13 feet; Thence
~188'25'55"E, SO.SO feet; Thence N87'49'43"E, 201.14 feet; Thence S46'19'41"E,
296.82 feet; Thence S38'48'04"E, 131.73 feet, to the Point of Beginning of the
Centerline of a 20.00 foot ~Iide Sanitary Sewer Easement; Thence S4S'17'04"W,
along said Centerline, 10.41 feet, to a Point on the Common Line between Lots
6 and 19, which is 51.10 feet," S7S'30'08"E, of the Southwest Corner of said
Lot 6; Thence continuing S45'17'04"W, along said Centerline 72.11 feet, to the
Center of an Existing Sanitary Sewer Manhole, which is 13.97 feet Normally
Distant Northeasterly of the Westerly Line of said Lot 19; Thence S06'47'43"W,
~long said Centerline, 59.31 feet, to a point on said Westerly Line of Lot 19,
:>/hich is 7.50 feet, N06'49'37"W, of the Southwest Corner of said Lot 19, said
90int being the Point of Termination of said Centerline of a 20.00 foot Wide
Sanitary Sewer Easement.
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~ CITY OF IOWA CITY i: DAV-ED LIMITED
~ ~~~~ :a'SANITARY SEWER EASEMENT EXHIBIT I] MMS CONSULTANTS, INC.
~ ~;~~s:fDL~~: ~ow GALWAY HILLS SUBDIVISION, PART ONE, ~ Iowa City, Iowa
D -P11lP1AlYlJI( IOWA CITY, IOWA .. , '5 319-351-8282
~ CMS ~ f 11-25-91 .(.)'j~1l.4~QP_~
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Rev BV'XEROx TELEeOPIER 7011 ;10- 9-92
~t>) 10'09/92 10:00 '&319 35l 6962
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SANITARY SEWER EASEMENT AGREEMENT
THIS AGREEHENT, made and entered into by and
DAV-ED Limited (DAV-ED), which expression shall in ude its
SUccessors in interest and assigns, and the city of owa city,
Iowa (tile City), which expression shall include i SUccessors
in interest and assigns. '
It is hereby agreed as follows:
For th sum of $1.00 plus other va able consideration,
the receipt f Which is hereby ackno edged, DAV-ED hereby
grants and co eYG to the City an ease ent for the purposes of
excavating for nd the installation, eplacement, maintenance
and use of such ewage lines, Pi~ ' mains, and conduits as
the City shall fr time to time leot for conveying sewage,
with all necessary appliances d fittings, for the use in
connection with said ines, to ther with adequate protection
therefor, and also a ght of way, witil the right of ingress
and egress thereto, ove and cross the real estate described
in the attaohed Exhibit "", "B" and "C" and shown on 'the
plat attaohed hereto as ibit "0", hereafter described as
"easement areas."
DAV-ED further gr ts t the City:
1. The right of grading ~ 'd easement areas for the full
width thereof, and to extend e cuts and fills for such
grading into anLo 0 said lands ong and outside of the said
easement areas to uch extent as t e City may find reasonably
neoessary.
2. The r ght from time to tim to trim, cut down and
clear awaYln and all trees and brush n said easement areas
and also to tim, cut down and clear aWa any trees on either
side of sai easement areas which now hereafter in the
opinion of e City may be a hazard to said asement areas, or
Which may nterfere with the exeroise of e city's rights
hereunder in any manner.
Th city shall promptly backfill any trenoij,made by it,
and rap ir any damages caused by the city within the easement
areas. The City shall indemnify DAV-ED against unreasonable
loss r damage which may occur in the negligent exercise of
the e sement rights by the city. Exoept as expressly provided
Ler in, the city shall have no responsibility for maintaining
the easement areas.
DAV-ED reserves the right to use said easement areas for
urposes which will not interfere with the City's full
enjoyment of the rights hereby granted; provided that DAV-ED
shall not ereot or construot any building, fence, or other
ClUJ q
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RCV BY:XEROX TELECOPIER 7011 :10- 9-92 10:03AM: 319 354 6962~
10/09/92 10:01 ft319 35~ 6962 PHEL~~. TUCKER
3193565009:" 3
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- 2 -
structure, plant any trees, drill or opel: te any well, or
construot any reservoir or other obstruotio on said areas, or
diminish or SUbstantially add to the grou d cover over said
easement areas.
DAV-ED does hereby covenant with the City that it is
lawfully s bed and possessed of t e real estate above
described, nd that.it has a gOOd an lawful right to oonvey
it, or any rt hereof.
Nothinq this Agreement sha 1 be construed to impose a
requirement on the city to in tall the original pUblio
improvement at saue herein, or shall DAV-ED be deemed
aotinq as the cie 's agent dur ng the original construction
and installation 0 said impro ement. Parties agree that the
obligation to insta the pub ic improvement(s) herein shall
be in accordance with City s cifications, and the Obligation
shall remain on DAV-E unti completion by DAV-ED, and until
acceptance by the City, as provided by law.
shall inure to the benefit of and
bind the successors an signs of the respective Parties
hereto, and ~ll COvenan s s 11 apply to and run with the land
and with the 'title to he In d.
Dated this
, 1992.
By
W
By
Edward W. as
Aseistant Seo ~tary
'-
CITY OF IOWA CITY, IOWA
By
Mayor
City Clerk
e21 (, q
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Rev By:xEROX TELEeOPIER 7011 ;10- 9-92 10:03AM; 319 3546962;
10/09/92 10:01 ~319 3S1 6962 PHELL~. TUCKER
3193565009;~ 4
1aJ001
- 3 -
STATE OF IOWA
JOHNSON COUNTY
)
)
)
as:
On th s day of , 1992,
before me, the undersigned, a Nota pu 11C n and for the
state of I wa, personally appeared william David Cahill and
Edward W. Tomas, to me personally own, wbo being by me duly
sworn, did ay tbat they are e President and Assistant
Seoretary re ectively, of th corporation eKecuting the
within and fo going instrume to 'lIh3.oh this is attached,
that no seal ha been procure by the corporation; that said
instrument was igned on ehalf of the oorporation by
authority of its oard of irectorsj and that william David
Cahill and Margare M. C ill as officers aoknowledged the
exeoution of the fo goin instrument to be the voluntary act
and deed of the cor ra ion, by it and by them voluntarilY
executed.
STATE OF IOWA
N tary pUblic in and for sa d State
)
)
)
ss:
On this day of , 1992,
before me, he undersigned, a Notar for the
State of I wa, psrsonally appeared rrel G. courtney and
Marian K. arr, to me personallY known, ho, being by me duly
sworn, di say that they are the May 1:... and City Clerk,
respectiv ly, of the city of Iowa City, Iowa, executing the
within J d foregoing instrument; that the ssal attaohed
thereto s the seal of said corporation by authority of its
City C unoil; and that the said Mayor and city Clerk
aCknOW~edged the exeoution of said instrument to be the
volunt ry act and deed of said corporation, by it and by them
volun . rHy exeouted.
Notary pUblio in and for said State
~I(,q
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Rev BY:xEROX TELEeOPIER 7011 ;10- 9-92
10/09/92 10:02 ft319 3~~ 6962
10:04AM ; 319 354 6962~
PHELA.~. nlCHER
3193565009;" 5
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Exhibit "A"
LEGAL DESCRIPfrON
CENTERLINE OF A 20.00 ~OOf WIDE SAN~T^RY EWER EASEMENT
. .,
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Commenc!ng ~t the ortheast Corner of ctional Northwest Quarter of
Section 18, TownShi~ 9 North, Range 6 West, the Fifth Princip~l Meridian,
(The North tine of M\i his Reoorded to.Bear 9'07130"W); Thence S89'07'30"W.
~long s~~d North Line, 913.04 feet; Thence OO'S2130"E, 74.13 feet, to the
Point of Beginning, of the Oenterline of 20.00 foot wide sanitary sewer
Easement; Thanee N88'2 '55"E, along sai Centerline 50.50 feet; Thenee
N87049143"E, along said 0 ~erline. 201. 4 feet; Thence N87'37'25"E, along
said Oenterline 15B.92 fe t, to a Pain on the Westerly Line of Lot 4, of
:;alway HUls SubdiVision, w !ch is 15.1 feet, S14048111"E, of the NorthWest
'orner of said Lot 4/ Thence continuin N87037'2S"E, along said Centerline,
174.57 feet, to ~ Point on t 'II OOllllllon ot Line between lots 3' and 4, of said
3alway Hills SubdiVision, wbi6 is 10 64 feet, SlSoS4'32"E, of the Northeast
~orner of said Loi; 4; Thence ontin ing N87'37'25"E. along said Oenterline,
}.43 feet, to the Point Of Term! at! of said Oenterline of a 20.00 foot Wide
3anitarY'Sewer Easement.
. '
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, 'EROX TELECOPIER ?ell lle- 9-92
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3193565e1e9;n 6
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Exhibit "B"
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'Th. 'ot'h t,.. ,''''''''' ,..",.., to ..., 9'" '''''0'' Th.." ,,,.,,, 30'0.
.. 01........ '"'' &1", ". " ,..t, 'h.",,, 00'" '30"', ".13 "'" Th....
I; H88''''8S''E. 50.80 "'" h.." '''''''43', 201.,. 'to"~ "'h. Po'" "
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. '. ""'... ...."...".. 01,,,, 'ol' 0..,.."" '96. " ,,,,, '" "i"... tho
'"'''''' ,... 0' "". .,; ,.., "1', 'bdivi".... ""0> i, 100.., f.."
V HI<'.. , 11 "0, " tho ,,,thWOO' '"'''' .. "t " Th.". '"...',,".. .,.",
'.Ol' O."."i... ".0' "". , . P." .. 'h. 0...., 'i,. h."'OO "to. ...
'... .f ....' ",.., lUll. "h"v', "', '" 0> ". .1. 30 'oo,. ....".".E. of 'ho
""'h..., CO..., ,'.... "'" Eh... ''''10,'., '3....'0.... "'" .".
'01"""'" ".1' ...t. '0 .. .. " .. '''''''Y ''''' ""0", "".h I. 3...
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fbence e7~'49106"E, along said Ce erline, 73.83 feet, to a Point on the
Q=mon Ljnc between Lots 6 and 7, p said GalWay Hills SubdiVision, which js ,
., 'oo'. """. ""E. 0' '''f · ",'''' 0,,,,, of ..,. "" '" ""'no,
" "'of.. ",.... "". 01... ..,. 0, ,,,'.... '16. 96 'Ob'. '0'" ,,,th"'j
..., 0' "~i. to, 7, bod 'ho ~b'" "".,..,." 0' "i' 0'.'.",.. 0' ,
,00 foot Wide Sanit&ry Sewer ,asement
,
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EGAL DESCRIPrION
C~NrERLrNE OF 2Q.oq, POor WIDE SAnITAR SEWER EASEMENT
" ,
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Rev BV:XEROX TELEeOPIER 7011 ;10- 9-92
10/09/92 10:03 ~319 354 6962
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10:05AM ; 319 354 6962~
PHELAN, niCKER
3193565009)ij 7
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LEGAL DESCRI~TION /
CENTERLINE OF A 20.00 BOOT WIDE SANITARY SEWER/EASEMENT
.. . " .
Commencing at the ortheast Corner of the rractio 1, Northwest QUarter Of
Section 18, Township 79 North, aange 6 West, 'of th Fifth Princ1~al Meriqian,
(The North tina of I'Jh ch is Recorued to Bear S89'0 'SO"W); Thence S89.07'SO"W.
along said North tine, 81S.04 feet; fhence SOO' 2'30"];;, 74.13 feet; Thence
N8S"25'65"E, 50.60 feet fhence NS7,.49'4S"E, 201 14 feet; Thence S4S"19'41"E,
29S.82 feeti Thence SSS" S'04"2, 131.73 feet, the Point of 8eginn1ng of the
Centerline of a 20.00 fa t wide Sanitary Sew Easement; Thence S45'17'04"W,
along said Centerline, 10. 1 feet, to a Poi on the Common Line between Lots
6 and 19, whioh is 51.10 eet,' 875"30'OS", of the Southwest Corner Of said
Lot 6; Thence continuing S4 .17'04IlW, alan said Centerline 72.11 feet, to the
Center of an ElCisting Sanft '1:Y Sewer Man!} Ie, which is 13.97 feet Normally
Distant Northeasterly of the ~sterlY Liqe of said Lot 19; fhence S0604?'4S"W,
along s~id Centerline, 59.31 eet, to ~/Point on said Westerly Line of Lot 19,
~h1ch is 7.50 feet, NOS.49'S?", of the Southwest Oorner of said Lot 19, said
~01nt bei~g the Point of rermin ticn 0 naid'Centerline of. ~ 20,00 foot Wide
sanitary Sewer Basement.
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3193565009111 a
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Exhibit "D"
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RESOLUTION NO. 92-278
RESOLUTION AUTHORIZING EXECUTION OF A LIMITED RELEASE
AGREEMENT CONCERNING THE STORMWATER MANAGEMENT EASEMENT
AGREEMENT WITH ROCHESTER HEIGHTS SUBDIVISION, LOTS 21.60.
WHEREAS, the City of Iowa City, Iowa, a municipal corporation (the "City") and the Subdivider
of Rochester Heights Subdivision entered into a Subdivider's Agreement and a Stormwater
Management Easement Agreement concerning Rochester Heights Subdivision dated May 30,
1969 and recorded In Book 1062, Page 162 and Page 164, respectively, In lhe Johnson County
Recorder's Office; and
WHEREAS, said Subdivider's Agreement and Stormwater Management Easement Agreement
obligate E.L.H., as a subsequent purchaser of the lots within the subdivision, to construct a
stormwater management facility; and
WHEREAS, the City does not ordinarily release a subdivision from the construction requirements
until permanent groundcover Is established and mowable; erosion and sedimentation are wholly
or substantially controlled; and substantially all lots within lhe tributary area which Is within lhe
subdivision have been developed, as determined by the City Engineer; and
WHEREAS, In the Interim, a lien remains on the Rochester Heights Subdivision with a cloud on
the title,s to Lots 21 - 60; and
WHEREAS, local builders and financial Institutions are unable to market local mortgages on the
secondary mortgage market by reason of these liens and clouds on the title; and
WHEREAS, the attached Limited Release Agreement would remove the cloud on the titles to Lots
21 .60 of Rochester Heights Subdivision, while protecting the City by reason of the lien attaching
to an established escrow fund, said escrow fund to be established and maintained by the City
Finance Department; and
WHEREAS, the remaining requirements for maintenance, access and other requirements of the
Stormwater Management Easement Agreement and Subdivider's Agreement wOllld continue In
full force and effect, In order to protect the Interests of both parties.
NOW, THEREFORE, BE IT RESOLVED BY THE cm COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1, It Is In the public Interest to execute the attached Limited Release Agreement for Lots 2t .
60 of Rochester Heights Subdivision In order to protect local property values.
2, The Council finds that transferring the real estate lien to the escrow account Is reasonable
under the circumstances, and protects the City's Interests.
3. The Mayor Is hereby authorized to execute and the City Clerk to attest the Limited
Release Agreement, a copy of which Is attached hereto. This agreement shall be
recorded by E.L.H. In the Johnson County Recorder's Office,
.)/70
, '1
1
. ,
~.
4. Upon certification from the City Engineer that construction of the stormwater management
facility has been satisfactorily completed, permanent groundcover has been established
and Is mowable, erosion and sedimentation has been wholly or substantially controlled;
and, In the opinion of the City Engineer, substantially all lots within the tributary area In
the Subdivision have been developed, the Mayor and City Clerk are allthorized to execute
a final release for recordation In the Johnson County Recorder's Office.
It was moved by Ambrisco and seconded by
adopted, and upon roll call there were:
Hormdtz the Resolution be
AYES:
NAYS:
ABSENT:
..lL..-.
-L-
...L-
x
-:x-
X-
Ambrlsco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
..lL..-.
Passed and approved this 13th day of October , 1992.
~
Approved by
ATTEST: ??:k~ -4/. ~M.J
CI LERK
:SOl--
,!Oli /e; ~
~/7D
LIMITED RELEASE AGREEMENT
This Limited Release Agreement is made between the City of Iowa City, Iowa, a municipal
corporation (hereinafter '~he City") and E.L.H. Ltd. (hereinafter "E.L.H.").
IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE
AS FOLLOWS:
1. The parties acknowledge that by reason of a Subdivider's Agreement and Stormwater
Management Easement Agreement for Rochester Heights Subdivision (hereinafter
"Subdivision") dated May 30, 1989, and recorded In the Johnson County Recorder's Office
In Book 1062, Pages 165 and 184, respectively, E.L.H. Is obligated to construct a
stormwater management facility (hereinafter "Facility") as required by the City and as a
benefit to the Subdivision. The parties further acknowledge that this obligation Is deemed
a covenant running with the land.
2. The parties acknowledge that $5,000.00 has been placed In escrow with the City for Lots
21 - 60 of the Rochester Heights Subdivision. The parties further acknowledge that this
escrow Is being retained by the City pending substantial completion of the Facility, as
certified by the City Engineer.
3. The City acknowledges that construction of the Facility herein has been substantially
completed, but that final release of the Facility by the City Is not yet appropriate. For this
reason, the Subdivider's Agreement constitutes a lien and cloud on the property
described above.
4. In consideration of the City's limited release of this lien, the Subdivider agrees that the lien
on Lots 21 . 60 in the Subdivision shall be transferred to and shall Immediately attach to
the escrow for this property, and that this lien shall remain attached to the escrow until
such time as the Facility has been completed; permanent groundcover Is established and
mowable; erosion and sedimentation are controlled; and, in the opinion of the City
Engineer, substantially all lots within the tributary area which Is within the Subdivision
have been developed. At such time, the Facility may be accepted by the City, and a
general release given to the Subdivider for recordation.
5. E.L.H. agrees that said escrow will be retained until all work on the Facility has been
completed and the Facility Is accepted by the City as provided above.
6. In consideration thereof, the City does hereby release Lots 21 . 60 in the Subdivision from
any lien or cioud now placed on the title to the above property for the purposes stated
In paragraphs 1 through 4 above.
7. This Limited Release Agreement shall not be construed as a release of E.L.H's obligations
to complete the stormwater management facility and the site work Incident thereto, which
obligations shall remain the responsibility of E.L.H. until the Facility has been completed
and finally accepted by the City. Nor shall this Limited Release Agreement In any way
alter, amend or modify the Subdivider's Agreement flied of record In Book 1062, Page 165
of the Johnson County Recorder's Ofllce, except as provided In this agreement.
.)/70
Daled this 20 day of ~t
,1992
E.L.H. LId.
dWrr
B.
Darrel G. Courtney, Mayor
Attest: 7Jt/2A:~) (. ~~
MarlanKRarr, City Clerk
STATE OF IOWA )
)SS:
JOHNSON COUNTY )
~
On this RO day of October, 1992, before me, the undersigned, a Notary Public In and for
the State of Iowa, personally appeared Jerry L. Eyman, to me personally known, who being by
me duly sworn did say that he Is the president of the corporation executing the within and
foregoing Instrument, that no seal has been procured by the corporation: that said Instrument
was signed on behalf of the corporation by authority of its Board of Directors; and that Jerry L.
Eyman as officer acknowledged the execution of the foregoing Instrument to be the voluntary act
,"dd,,'" "" .."",milo, by ... by him """"1, ~ G~
Notary Public In and for the State of
Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
A
On this JJ' day of October, 1992, before me, the undersigned, a Notary Public In nd
for said County, In said State, personally appeared Darrel G. Courtney and Marian K. Karr, to me
.:1.17(>
personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk,
respectively of said municipal corporation executing the foregoing Instrument; that the seal affixed
thereto Is the seal of said municipal corporation; that said Instrument was signed and sealed on
behalf of said municipal corporation by authority of City council of said municipal corporation;
and that the Darrel G. Courtney and Marian K Karr acknowledged that execution of said
Instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily
executed.
~ ):-wb
Notary Public In and for the State of
Iowa
v./7t;
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3.
4.
5.
6.
7.
LIMITED RELEASE AGREEMENT
t~~lf
This Limited Release Agreement Is made between the City of Iowa City, Iowa, a municipal
corporation (hereinafter "the City") and E.L.H. Ltd. (hereinafter "E.L.H.").
ION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE
1.
The partie acknowledge that by reason of a Subdivider's Agreement and Stormwater
Manageme Easement Agreement for Rochester Helgpts Subdivision (hereinafter
"Subdivision" dated May 30, 1989, and recorded in the Joh . son County Recorder's Office
In Book 1062, age 162 and Page 184, respectively, E. .H. Is obligated to construct a
stormwater ma gement facility (hereinafter "Facility") s required by the City and as a
benefit to the Sub Ivislon. The parties further acknowl dge that this obligation Is deemed
a covenant runnln with the land.
2.
The parties acknowle e that $5,000.00 has bee placed In escrow with the City for Lots
21 - 60 of the Rocheste Heights Subdivision. he parties further acknowledge that this
escrow Is being retalne y the City pendl substantial completion of the Facility, as
certified by the City Engln r.
The City acknowledges that onstructl n of the Facility herein has been substantially
completed, but that final releas of the aclllty by the City Is not yet appropriate. For this
reason, the Subdivider's Agree e constitutes a lien and cloud on the property
described above.
In consideration of the City's 11m) ed re ase of this lien, the Subdivider agrees that the lien
on Lots 21 - 60 In the SUbdl~1 (on shall e transferred to and shall Immediately attach to
the escrow for this property and that thl lien shall remain attached to the escrow until
such time as the basin hao/ een complete ; permanent groundcover Is established and
mowable; erosion an~edlmentatlon are ontrolled; and, In the opinion of the city
Engineer, sllbstantlally II lots within the trlb ary area which Is within the Subdivision
have been developed At such time, the Facl' y may be accepted by the City, and a
I
general release glv" to the Subdivider for recor atlon.
E.L.H. agrees th~(sald escrow will be retained un' all work on the Facility has been
completed andJhe Facility Is accepted by the City as rovlded above.
I
In consideration thereof, the City does hereby release Lot 21.60 In the Subdivision from
any lien or ploud now placed on the title to the above pr erty for the purposes stated
In paragraphs 1 through 4 above.
This L11)l~d Release Agreement shall not be construed as a rei se of E.L.H's obligations
to ~o plete the stormwater management facility and the site wo Incident thereto, which
obll atlons shall remain the responsibility of E.L.H. until the Faclll has been completed
a9 finally accepted by the City. Nor shall this Limited Release greement In any way
alter, amend or modify the Subdivider's Agreement flied of record In Book 1062, Page 162
of the Johnson County Recorder's Office, except as provided In thls'agreement.
02.'70
--.h___._'_..__.__......_.,... .~,..,~__.........._..__
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Dated this _ day of
,1992
STATE OF IOWA )
)SS:
JOHNSON COUNTY )
E.L.H. Limited
BY:
Jerry L. Eyma , President
Attest:
Marian K. Karr, City Clerk
On this _ day of Septe ber, 1992, b fore me, the undersigned, a Notary Public In and
for the State of Iowa, personalll appeared Jer L. Eyman, to me personally known, who being
by me duly sworn did say th~( he Is the presld t of the corporation executing the within and
foregoing Instrument, that n0 seal has been proc red by the corporation; that said Instrument
was signed on behalf of t~corporation by authorl of Its Board of Directors; and that Jerry L.
Eyman as officer acknowl aged the execution of the regolng Instrument to be the voluntary act
and deed of the corpo/t on, by It and by him volunta Iy executed.
/
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STATE OF 19WA )
, ) SS:
JOHNSO!COUNTY )
tary Public In and for the State of
10
On this _ day of September, 1992, before me, the undersigned, a Notary Public In nd
for said County, In said State, personally appeared Darrel G. Courtney and Marian K. Karr, to me
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personally known, who being be me duly sworn, did say that they are IhJ'~aYOr and City Clerk,
respectively of said municipal corporation executing the foregoing Instryment; that the seal affixed
thereto Is the seal of said municipal corporation; that said InstrllmenHvas signed and sealed on
behalf of said municipal corporation by authority of City council 9(sald municipal corporation;
and that the Oarrel G. Courtney and Marian K Karr ackno\'iledged that execution of said
Instrument to be the v untary act and deed of said municipal c fporatlon and by them voluntarily
executed.
,
,
Notary Public In and for the State of
Iowa
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RESOLUTION NO. 92-279
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SBWER, STORM SEWER, WATER
MAIN AND PAVING IMPROVEMENTS FOR IDYLLWILD CONDOMINIUMS (BUILDINGS 1-10)
WHEREAS, the Engineering Division has certified that the following
improvements have been completed in accordance with the plans and
specifications of the City of Iowa City,
Sanitary sewer, storm sewer, and water main improvements for Idyllwild
COndominiums (Buildings 1-10) as constructed by Maxwell Construction
Inc. of Iowa City, Iowa.
Paving improvements for Idy llwild COndominiums (Buildings 1-10) as
constructed by Metro Pavers, Inc. of Iowa City, Iowa.
WHEREAS, maintsnance bonds have besn filed in the City Clerk's office,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that
said improvements be hereby accepted by the City of Iowa City, Iowa.
It was moved by Ambrisco and seconded by Horowitz
that the resolution as read be adopted, and upon roll call there were:
AYES.:. !lAYS.:. ABSENT'
-L
-L
-L
-L
-L
-L
-L
_ AMBRISCO
_ COURTNEY
_ HOROWITZ
_ KUBBY
_ lARSON
_ McDONALD
_ NOVICK
Passed and approved this -1l!:hlay of October
~
, 1992.
Al'fEST:J2~~ '*'~
CITY CLERK
~V~~1'
City Attorney's Office
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ENGINEER'S REPORT
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CITY OF IOWA CITY
October 7, 1992
Honorable Mayor and City Council
Iowa City, Iowa
HE: Idyllllild Condominiums (Buildinga 1-10)
Dear Honorable Mayor and Councilperaona:
I hereby certify that the conatruction of the aanitary aeller, atorm aeller,
lIater main, and paving improvementa for Tdyllllild Condominiun18 (Buildinga 1-
10) haa been completed in aubatantial accordance with the plana and
apecificationa of the Engineering Diviaion of the City of Iowa City. The
required maintenance bonda are on file in the City Clerk'a office for the
aanitary aewer, atorm aewer, and water main improvement a conatructed by
Maxwell Conatruction Inc. of Iowa City and for the paving improvement a
conatructed by Metro Pavera, Inc. of Iowa City, Iowa.
r recommend that the above-referenced improvementa be accepted by the City of
Iowa City.
Sincerely,
(l::~,q~
City Enie~~S
b:\colillcil\engblnk4.rpt
410 EAST WASIIINOTON STREET. IOWA CITY, IOWA 51240.1116. IJI91 J56.S000. FAX (lI9) l56.$O09
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RESOLUTION NO. 92-280
RESOLUTION AUTHORIZING THE FILING OF A REQUEST WITH THE IOWA
DEPARTMENT OF TRANSPORTATION FOR ADDITIONAL FY93 IOWA DOT STATE
TRANSIT ASSISTANCE - SPECIAL PROJECT FUNDING.
WHEREAS. the City of Iowa City has undertaken to provide Its residents with a public
transit system; and
WHEREAS, the Iowa Department of Transportation offers financial assistance to local
governmental units for their public transportation systems; and
WHEREAS, a request for $2,592 In additional Special Project funding from the Iowa DOT
State Transit Assistance program, has been prepared by the Johnson County Council of
Governments for the purchase of a transit shelter.
NOW, THEREFORE. BE IT RESOLVED BYTHE CIN COUNCIL OFTHE CITY OF IOWA CITY, IOWA:
1. That the Johnson County Council of Governments Is authorized to file a request for
additional State Transit Assistance Special Project funds from the Iowa Department
of Transportation.
2. That the City Manager Is authorized to execute, on behalf of the City of Iowa City,
any necessary contract documents with the Iowa Department of Transportation.
It was moved by Ambrisco and seconded by
be adopted. and upon roll call there were:
HorO\~itz the Resolution
AYES:
NAYS:
ABSENT:
-X-
-L-
....!-
...!-
x
X-
,--
Ambrlsco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
Passed and approved this 13th
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Approved by
ATTEST: 7?~ ~ J!~
CI CLERK
City Attorney's Office 0-8 _ 'ia-...
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RESOLUTION NO. 92-281
RESOLUTION APPROVING THE PRELIMINARY PLAT OF FIRST AND ROCHESTER
COMMERCIAL SUBDIVISION, IOWA CITY, IOWA.
WHEREAS, the applicant, Bruce Glasgow, filed with the City Clerk 01 Iowa City, Iowa, an application
lor approval 01 the preliminary plat 01 First and Rochester Commercial Subdivision; and
WHEREAS, the Department 01 Planning and Community Development and the Public Works
Department examined the proposed preliminary plat and recommended approval 01 same; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, alter due
deliberation, recommended that the plat be accepted and approv~d, subject to certain conditions; and
WHEREAS, the preliminary plat Is lound to conform with all 01 the requirements 01 the City ordinances
01 the City 01 Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1, The preliminary plat of First and Rochester Commercial Subdivision Is hereby approved, subject
to the lollowlng restrictions:
a. Only one access point shall be permitted onto First Avenue Irom Lot 2, That access
shall be located directly across Irom Tudor Drive,
b, The access onto Lot 2 must be constructed In such a manner so as to prevent direct
vehicular access between First Avenue and Rochester Avenue through Lot 2.
Specifically, vehicles will not be permitted to access the private drive which provides
access onto Rochester Avenue Irom First Avenue through Lot 2 and conversely, no
vehicle traffic Irom Rochester Avenue to First Avenue will be permitted through Lot 2,
2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to
certify this resolution, which shall be affixed to the preliminary plat after passage and approval
by law.
It was moved by Ambrisco
and upon roll call there were:
and seconded by HcDonald
the Resolution be adopted,
AYES:
NAYS:
ABSENT:
x
-X-
Ambrlsco
COllrtney
Horowitz
Kubby
Larson
McDonald
Novick
-X-
-X-
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Passed and approved this 13th
day of October , 1992.
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01~a, W.2!f 2P--
City Attorney's Office (f 10/9/9;),
AlTEST: Yh~",,) -I(, ~
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ppdadmln\ 1 st&roch.res
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Robert Miklo
Item: SUB 92.001 B. Rochester Commercial
Subdivision
GENERAL INFORMATION:
Date: September 3. 1992
Applicant:
Bruce Glasgow
834 N. Johnson St.
Iowa City, IA 52245
338-1365
Requested action:
Approval of a preliminary plat.
Purpose:
To permit establishment of a two-lot
commercial subdivision.
Location:
Southwest corner of the intersection of
First Avenue and Rochester Avenue.
Size:
2.88 acres.
Existing land use and zoning:
Vacant; CN.1.
Surrounding land use and zoning:
North:
East:
Regina High School; RS-5.
Commercial, Office and
Residential.
Vacant, Multi-Family Residen-
tial; CN-1, RM-20.
Singie-Family Residential; RS-5.
South:
West:
Comprehensive Plan:
General Commercial.
Applicable Code requirements:
Subdivision Regulations Standards and
Specifications; Storm water Manage-
ment Ordinance; Grading and Erosion
Control Ordinance.
File date:
August 13, 1992.
45-day limitation period:
September 27, 1992.
BACKGROUND:
The applicant, Bruce Glasgow, is proposing to subdivide this approximately 2.88 acre tract
into two commercial lots. Lot 1 is proposed to be approximately 0.38 acre with frontage on
Rochester Avenue. Lot 2 would contain 2.50 acres with frontage on First Avenue and
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Rochester Avenue. Two parcels of land, which contain the existing commercial businesses
to the north and east of this subdivision. were split from the property previously. Staff
believes that the creation of the second parcel of land (the property which contains Dan's
Short Stop and the adjacent commercial/residential building) may have constituted a
subdivision. The City Attorney's office is reseerching this question. If this area needs to be
officially subdivided, it should be included in this subdivision as Lot 3.
ANALYSIS:
Stormwater Management: A storm water basin located in the proposed southwest corner of
this property would provide storm water management facilities for this subdivision. Preliminary
storm water detention calculations must be submitted to the Public Works Department to allow
an evaluation of the storm water facility. The storm sewer lines shown on the property should
be contained within 20-foot wide easements. These easements should be illustrated on the
plat. The proposed storm water management facilities should provide storm water manage-
ment for the parcel of land which staff has identified as Lot 3, if the City Attorney's office
determines that this area should be included within the subdivision. As discussed below, the
storm water management facilities should be designed to accommodate landscaping required
by a special exception which has been issued for Lot 1.
Other Utilities: Existing telephone and eiectrical utilities which are located on First Avenue
and Rochester Avenue should be illustrated on the plat. The sanitary sewer lines shown on
the plat should be located within a 20-foot sanitary sewer easement. The existing sanitary
sewer which is shown on the plat as terminating adjacent to the north property line of the
proposed Lot 2, extends to serve the development to the north. This shouid be illustrated on
the plat and this line should be contained within an easement.
Access: Access to these lots can be provided by the existing private driveway which serves
the existing commercial development to the north and east of this subdivision. To protect the
arterial street capacity of Rochester Avenue and First Avenue. and to coordinate traffic
circulation, additional driveway access to either Rochester Avenue or First Avenue should be
prohibited. This should be noted on the plat.
Other Considerations: Existing slopes on this property are steeper than 3.5: 1; therefore, a
grading permit is required and should be applied for prior to consideration of the preliminary
plat. The Board of Adjustment approved the special exception for Lot 1 to allow the
establishment of a dental office. This special exception was approved subject to several
conditions, including establishment of a landscape berm along portions of the western
boundary of this subdivision, and a landscape hedge in the vicinity of the southern lot line of
Lot 1 (see Attachment A). The stormwater management facilities should be designed to
accommodate the area required for landscaping.
STAFF RECOMMENDATION:
Staff recommends the deferral of the preliminary plat of First and Rochester Commercial
Subdivision, Part One. Upon resolution of the deficiencies and discrepancies listed below,
staff recommends approval, subject to notes on the plat prohibiting access from Lot 1 onto
Rochester Avenue, and from Lot 2 onto First Avenue.
~.
3
DEFICIENCIES AND DISCREPANCIES:
1. If determined necessary by the City Attorney's office, the property, which contains
Dan's Short Stop and the adjacent commerciallresidential building, should be included
within this subdivision.
2. A grading and erosion control permit is required.
3. The preliminary plat should include a location map.
4. Existing telephone and electric utilities on Rochester and First avenues should be
illustrated on the plat.
5. Twenty-foot wide storm sewer and drainage easements are required for the storm
sewer line shown on the plat.
6. The southern extension of the storm sewer line along the east boundary of the basin
should be removed.
7. Preliminary storm water detention calculations must be submitted.
8. The sanitary sewer should be located within a 20-foot wide utility easement.
9. A sanitary sewer easement should be located between the east terminus of the sanitary
sewer line on Lot 2 and the property to the north to encompass the existing sanitary
sewer line located in this area.
ACCOMPANIMENTS:
1. Preliminary Plat.
2. Attachment A - Site Plan for Lot 1.
Approved by:
~~
Monica Moen, Senior Planner
Department of Planning and
Community Development
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City of Iowa City
MEMORANDUM
Date: September 11, 1992
To:
Planning & Zoning Commission
From:
Robart Miklo, Associate Planner
Re:
SUB 92-001 B, First & Rochaster Commercial Subdivision
The applicant's engineering has indicated that revised plans addressing the deficiencies and
discrepancies will be submitted. The City Attorney's opinion regarding subdivision
requirements for the adjacent parcel will be available at Monday's meeting.
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City of Iowa City
MEMORANDUM
Date: October 1, 1992 I
To: Planning & Zoning Commission I
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From: Robert Mlklo, Associate Planner J
Re: SUB 92-0018, First Avenue & Rochester Commercial Subdivision
The revised plats have been reviewed by staff. The Public Works Department Identified three i
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deficiencies which should be resolved prior to the approval of the preliminary plat. These :!
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deficiencies and discrepancies are noted below: 1
,
1. The sanitary sewer easement at the northern lot line of Lot 2 should be 20 feet In width.
2. The existing sanitary sewer line should be extended to Lot 1 and should be terminated I
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3. The storm sewer and drainage easement along the west line 01 Lot 1 and Lot 2whlch
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drains to the stormwater basin must be wide enough to accommodate a drainage swale. I
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RESOLUTION NO, 92-282
RESOLUTION APPROVING THE PRELIMINARY PLAT OF WALNUT RIDGE
PARTS THREE AND FOUR, A SUBDIVISION OF IOWA CITY, IOWA.
WHEREAS, the applicant, Southgate Development Company, liled with the City Clerk of Iowa
City, Iowa, an application lor approval of the preliminary plat 01 Walnut Ridge Parts Three and
Four, a subdivision 01 Iowa City, Iowa; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed preliminary plat and recommended approval 01 same; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended that it be accepted and approved; and
WHEREAS, the Commission lurther recommended that the requirement lor public sidewalks
adjacent to streets be waived lor Butternut Lane and Butternut Court and one side of Kennedy
Parkway due to the rural character of the subdivision, the low density of development within
the subdivision and the lack 01 through traffic; and
WHEREAS, with the exception of the sidewalk requirement, the preliminary plat is found to
conform with all 01 the requirements 01 the Code 01 Ordinances 01 the City of Iowa City,
Iowa,
..
NOW, THEREFORE, BE IT RESOLVEO BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1, The preliminary plat of Walnut Ridge Parts Three and Four is hereby approved with the
requirements of Chapter 32, Article III, of the Code of Ordinances of the City 01 Iowa
City, Iowa, modified to waive the requirement lor public sidewalks on Butternut Lane
and Butternut Court and one side of Kennedy Parkway,
2, The Mayor and City Clerk of the City 01 Iowa City, Iowa are hereby authorized and
directed to certify this resolution, which shall be affixed to the plat after passage and
approval by law,
It was moved by Ambrisco and seconded by
adopted, and upon roll call there were:
Horowitz the Resolution be
AYES:
NAYS:
ABSENT:
---L-
X
X
--X--
--X--
---X....-
-X-
Ambrisco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
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Passed and apPloved this 13th day 01
October
,1992,
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Approved by
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STAFF REPORT
To: Planning and Zoning Commission
Prepared by: Robert Miklo
Item: SUB92-0019, Walnut Ridge, Part Three,
Date: September 17, 1992
GENERAL INFORMATION:
Applicant:
Southgate Development Company
505 Highland Avenue
Iowa City, IA 52240
Contact: Mace Braverman
Phone: 337-4195
Requested action:
Approval of a final subdivision plat.
Purpose:
To permit construction 01 13 single-
family residential dwellings,
Location:
North of Melrose Avenue on Kennedy
Parkway,
Size:
19.59 acres,
Existing land use and zoning:
Undeveloped; OPDH.1.
North. Undeveloped; OPDH-1,
East. Undeveloped; OPDH-1,
South. Undeveloped and Residential;
OPDH.1,
West . Undeveloped; OD.RS,
Surrounding land use and zoning:
Comprehensive Plan:
Land Use . Residential; 2-8 dwelling
units per acre,
File date:
August 27, 1992,
October 11, 1992,
45-day limitation period:
60.dey limitation period:
October 26, 1992,
SPECIAL INFORMATION:
Public utilities:
Municipel water and sanitary sewer
services are presently available to the
site, Solid waste disposel will be pro-
vided by the City,
Public services:
Police end fire protection will be provid-
ed by the City,
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Transportation:
The site is accessible Irom Melrose
Avenue and Kennedy Parkway. Transit
service is available about 0,4 mile east
01 the tract at the intersection 01 Hawk-
eye Drive and Melrose Avenue; howev-
er this is no pedestrian pathway from
the tract to the bus stop,
Physical characteristics:
The topography 01 the site ranges from
moderately sloping (10%) to very
steeply sloping (50%), Much 01 the
tract is either grass covered or in agri-
cultural use; trees are predominantly
located along drainageways within the
tract and on the steeper sloped terrain,
BACKGROUND:
The preliminary plat and OPDH plan lor Walnut Ridge was approved on January 8, 1991,
Final plats and OPDH plans were subsequently approved lor Parts 1 and 2 which include lots
1-20. The streets and other infrastructure lor these lots are currently in place. The applicant
is now requesting linal plat approval lor Part Three, including lots 21-33. Administrative
OPDH plan approval has also been requested Irom staff,
The preliminary plat for Walnut Ridge expired on July 8, 1992, Therefore, the applicant must
also request preliminary plat approval.
ANALYSIS:
The final plat as submitted is in general compliance with the previously approved preliminary
plat. There are minor changes in the configuration of lots 21 and 22 with the addition of
Outlot G along the southeastern borders 01 these lots, The lot lines 01 some of the other lots
have also been slightly reconfigured, A copy of the previously approved preliminary plat is
attached for comparison, Staff views these revisions as being insignificant and finds the linal
to be In general compliance with the preliminary design,
Construction plans and legal papers have not been submitted, These must be submitted in
order to allow adequate staff review 01 the final plat. The plat elso contains minor
deficiencies and discrepancies listed at the end of this report.
STAFF RECOMMENDATION:
Staff recommends that the linal plat 01 Walnut Ridge, Part Three be deferred, Upon resolution
of the deficiencies and discrepancies listed below, staff recommends that the final plat of
Walnut Ridge, Part Three, be approved subject to staff approval of construction plans and
legal documents prior to City Council consideration,
DEFICIENCIES AND DISCREPANCIES:
1, The preliminery plat has expired, Therefore, the application should be revised to include
preliminary plat approval.
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2. Legal documents must be submitted,
3. Construction plans and drawings must be submitted.
4, The address of the plat pre parer should be corrected on the plat.
5, The property corners lound, are not identified as to type on the plat. This must be
corrected,
6, A Grading and Erosion Control permit is required for the preliminary plat.
ATTACHMENTS:
1. Location Map.
2, Final plat, Walnut Ridge, Part Three,
3, Previously approved preliminary plat.
Approved by:
Kar' Franklin, Director
D artment of Planning and
Community Development
stfrsp\92-0019,rm
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Final Plat-Walnut" Ridge Part III
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WALNUT RIDGE
IOWA CITY, IOWA
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Part Three
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City of Iowa City
MEMORANDUM
Date: October 1, 1992
To:
Planning & Zoning Commission
From:
Robert Miklo, Associate Planner
Re:
SUB 92,0019, Preliminary Plat of Walnut Ridge, Parts Three and Four and Final
Plat of Walnut Ridge, Part Three
The revised plats are being reviewed by the Public Works Department. The status 01 these
plats should be known at the inlormal Planning and Zoning Commission meeting,
bj\lub0019
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RESOLUTION NO, 92-281
RESOLUTION EXTENDING THE EXPIRATION DATE FOR THE AMENDED
PRELIMINARY PLAT OF HUNTERS RUN SUBDIVISION, PARTS EIGHT AND
NINE.
WHEREAS, on May 3, 1988, the City Council approved the amended preliminary plat lor Hunters
Run Subdivision, Parts Four through Nine; and
WHEREAS, on January 21, 1992, the City Council extended the expiration date 01 the approved
amended preliminary plat of Hunters Run Subdivision, Parts Four through Nine, to November 3,
1992; and
WHEREAS, Section 32.3001 the Code of Ordinances of the City of Iowa City, Iowa, permits the
City Council to extend the expiration date 01 preliminary plats upon written request 01 the
subdivider; and
WHEREAS, the City Council has received a written request to extend the expiration date of the
amended preliminary plat of Hunters Run Subdivision, Parts Eight and Nine; and
WHEREAS, circumstances In the area of the proposed development have not changed and no
additional regulations pertinent to this development have been adopted since the City Council
approved the amended preliminary plat In 1988,
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1, The expiration date of the amended preliminary plat of Hunters Run Subdivision, Parts
Eight and Nine, Is hereby extended to May 3, 1993,
It was moved by Horowitz and seconded by Larson
adopted, and upon roil call there were:
the Resolullon be
AYES:
NAYS:
ABSENT:
x
X-
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Ambrlsco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
Passed and approved this 13th
day of October ,1992,
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Approved by
ATTEST: ??~~ -AI ~
CITY CLERK
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RECEIVED SEP 10 1992
RALPH I.. NEUZIL
NEUZIL & SANDERSON
ATTORNEYS AT LAW
119 WRIGHT STREET
P,O. BOX 1607
IOWA CITY, IOWA 52244
TELEPHONE:
IOWA ClTY13191337'3167
OXFORD (319) 628'4175
DALE SANDERSON
September 10, 1992
City Council of Iowa city
civic Center
Iowa City, IA 52240
RE: Parts 8 and 9
Hunters Run SUbdivision
Iowa city, IA 52240
Dear Council Members:
Please consider this letter as a request for an 18 month
extension of the preliminary plat approval of Hunters Run
Subdivision, Parts 8 and 9, Iowa city, Iowa.
The approval of the preliminary plat for Parts 8 and 9 would
expire on the 3rd day of November, 1992 without this extension.
Part 8 of Hunters Run Subdivision will be final platted sometime
during 1993, and Part 9, the last part in Hunters Run Subdivision,
should be wrapped up in 1994.
Respectfully submitted,
Dale Sanderson
Attorney at Law
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RESOLUTION NO. 5L2-2~
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR RIll10DELING OF THE CIVIC CENTER EAST WWER LEVEL, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CI'fY CLERK TO
PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPl' OF BIDS
WHEREAS, notice of public hearing on the plans, specifications, form of contract
and estimate of cost for the above-named project was published as required by
law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. l~at the plane, specifications, form of contract, and estimate of
cost for the above-named project are hereby approved,
2. That the amount of bid security to accompany each bid for the
construction of the above-named project ehall be in the amount of
10% of bid payable to Treasurer, City of Iowa City, Iowa.
3. That the City Clerk is hereby authorized and directed to publish
notice for the receipt of bids for the construction of the above-
named project in a newspaper published at least once weekly and
having a general circulation in the city.
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4. That bids for the above-named project are to be received by the City
of Iowa City, Iowa, at the Office of the City Clerk, at the Civic
Center, until 10:30 A_M, on the 3rd day of ~, 1992,
Thereafter the bide will be opened by the City Engineer or his
designee, and thereupon referred to the Council of the City of Iowa
City, Iowa, for action upon said bids at its next meeting to be held
at the Council Chambers, Civic Center, Iowa City, Iowa, at '(:30 P.M.
on the 1OJ;h day of November, 1992.
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I t was moved by HcDonald and seconded by Ambrisco
resolution as read be adopted, and upon roll call there were:
that the
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Courtney
Horowitz
Kubby
Larson
McDonald
Novick
Pass d and approved this 13th day of October
, 1992.
APPROVED AS TO FORM
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'-~ITY CLERK
S:\RiSIAPPLAlI4
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October 13
, 1992
The City Council of Iowa City, Iowa, lIet in Regular
session, in the Council Chambers, Civic Center, 410 E. WashIngton
street, Iowa City, Iowa, at _,. ,. 7:30 o'clock L.M., on the above
date. There were present Mayor Courtney ' , in the
chair, and the following named Council Members:
Ambrisco. Courtn~v. Horowitz. Knhhy. T.Ar~nn.
McDonald. Novick
Absent: NONE
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Council Member ~n moved that the torm ot
Tax Exeaption Certiticat. p aced on trr. and approved. Council
Member ~"ld seconded the lOtion and the roll
beinq ca t ereon, the vote was as tollow.:
AYES: Ambrisco, Courtney, Horowitz, Kubby,
Larson, McDonald, Novick
HAYS: None
Council Member McDonald introduced the
tollowinq Resolution entitled "RESOLUTION APPROVING AND
AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING
FOR THE ISSUANCE OF $3,450,000 GENERAL OBLIGATION CAPITAL LOAN
NOTES, SERIES 1992, AND LEVYING A TAX TO PAY THE NOTES" and moved
that it be adopted. Council Member Ambrisco
seconded the motion to adopt, and the roll beinq called thereon,
the vote was as follows:
AYES: McDonald, Novick, Ambrisco, Courtney,
Horowitz, Larson
NAYS: Kubby
Whereupon, the Mayor declared said Resolution duly adopted as
tollows:
RESOLUTION NO. 92-285
RESOLUTION APPROVING AND AUTHORIZING A FORK OF
LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR
THE ISSUANCE OF $3,450,000 GENERAL OBLIGATION
CAPITAL LOAN NOTES, SERIES 1992, AND LEVYING A
TAX TO PAY THE NOTES
WHEREAS, the Issuer is duly incorporated, organized and
exists under and by virtue ot the laws and Constitution ot the
State of Iowa; and
WHEREAS, the Issuer is in need of funds to pay costs of the
construction and equipping of additions and improvements to the
municipal parking system, for a general corporate purpose, and it
is deemed necessary and advisable that a fOri of Loan Agreement be
approved and authorized and General Obligation Capital Loan Notes,
Series 1992, in the amount of $3,450,000 be issued for said
purpose; jlnd
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.\IILERS.O'lIE\. OOIIIfEILER,lIml~ SIIITII i ,\LL8tE~:
A"OfUCvIAfLAW Onl.AOlNII.lOWo\
WHEREAS, the Loan Agreement will be payable trom the General
Fund and will not result in the total of scheduled annual payments
ot principal or ,interest or both principal and interest ot the
City due trom the General Fund ot the City in any tuture year with
respect to all loan agreements in force on the date ot
authorization to exceed ten percent (10\) of the last certified
general fund budget amount; and
WHEREAS, pursuant to notice published as required by Sections
384.24, 384.24A and 384.25 of the City Code ot Iowa, as amended,
this Council has held a public meeting and hearing upon the
proposal to institute proceedings for the issuance ot the Notes,
and the Council is therefore now authorized to proceed with the
issuance of the Notes:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. Definitions. The ,following terms shall have the
following meanings in this Resolution unless the text expressly or
by necessary implication requires otherwise:
(a) "Beneficial OWner" shall mean, whenever used with
respect to a Note, the person in whose name such Note is
recorded as the beneficial owner of such Note by a
Participant on the records of such Participant or such
person's subrogee;
(b) "Cede & Co." shall mean Cede & co., the nominee of
DTC, and any successor nominee of DTC with respect to the
Notes;
(c) "General Fund" shall mean the fund established to
receive all moneys from taxes and other sources for city
government purposes as provided in Section 384.3, City Code
of Iowa;
(d) "Issuer" and "City" shall mean the city of Iowa
City, Iowa;
(e) "Loan Agreement" shall mean a Loan Agreement
between the Issuer and a lender or lenders in substantially
the form attached to and approved by this Resolution;
(f) "Notes" shall mean $3,450,000 General Obligation
Capital Loan Notes, Series 1992, authorized to be issued by
this Resolution;
(g) "Note Fund" shall mean the fund required to be
established by Section 4 of this Resolution;
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(h) "Notice of Sale" shall mean the official Notice of
Sale as published on , 19___;
(i) "Participants" shall mean those broker-dealers,
banks and other financial institutions for which DTC holds
Notes as securities depository;
(j) "Payinq Aqent" shall be the City controller, or
such successor as may be approved by Issuer as provided
herein and who shall carry out the duties prescribed herein
as Issuer's aqent to provide for the payment of principal of
.
and interest on the Notes as the same shall become due;
(k) "Project" shall mean the costs of the construction
and equippinq of additions and improvements to the municipal
parkinq system;
(1) "Project Fund" shall mean the fund required to be
established by this Resolution for the deposit of the
proceeds of the Notes;
(m) "Rebate Fund" shall mean the fund so defined in and
established pursuant to the Tax Exemption Certificate;
(n) "Reqistrar" shall be the City Controller of Iowa
City, Iowa, or such successor as may be approved by Issuer as
provided herein and who shall carry out the duties prescribed
herein with respect to maintaininq a reqister of the owners
of the Notes. Unless otherwise specified, the Reqistrar
shall also act as Transfer Aqent for the Notes;
(0) "Representation Letter" shall mean the
Representation Letter from the City and the payinq Aqent and
Registrar to DTC, with respect to the Notes;
(p) "Tax Exemption Certificate" shall mean the Tax
Exemption Certificate executed by the Finance Officer and
delivered at the time of issuance and delivery of the Notes;
and
(q) "Treasurer" shall mean the Finance Officer or such
other officer as shall succeed to the same duties and
responsibilities with respect to the recording and paYment of
the Notes issued hereunder.
Section 2. The form of Loan Aqreement in substantially the
form attached to this ReSOlution is hereby approved and is
authorized to be executed and issued on behalf of the Issuer by
the Mayor and attested by the City Clerk.
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Section 3. Levv and certification of Annual Tax: other Funds
to be Used.
(a) Levv of Annual Tax. That for the purpose of
providing funds to pay the principal and interest of the
Notes hereinafter authorized to be issued, there shall be
levied in the General Fund for each future year the following
direct annual tax on all of the taxable property in Iowa
City, Iowa, to-wit:
AMOUNT
$283,695
$337,467
$334,155
$330,605
$331,818
$327,457
$327,858
$327,777
$332,218
$330,937
$333,688
$330,687
$331,918
$332,240
$336,640
FISCAL YEAR (JULY 1 TO JUNE 30)
YEAR OF COLLECTION
1992/1993*
1993/1994
1994/1995
1995/1996
1996/1997
1997/1998
1998/1999 '
1999/2000
2000/2001
2001/2002
2002/2003
2003/2004
2004/2005
2005/2006
2006/2007
:",
tIf not available from other funds to be
added to succeeding year.
(NOTE: For example the levy to be made and certified
against the taxable valuations of January 1, 1992,
will be collected during the fiscal year commencing
July 1, 1993).
(b) Resolution to be Filed with County Auditor. A
certified copy of this Resolution shall be filed with the
County Auditor of Johnson County, Iowa, and the Auditor is
hereby instructed in and for each of the years as provided, ,
to levy and assess the tax hereby authorized in Section 3 of
this Resolution, in like manner as other taxes are levied and
assessed, and such taxes so levied in and for each of the
years aforesaid be collected in like manner as other taxes of
the city are collected, and when collected be used for the
purpose of paying principal and interest on said Notes issued
in anticipation of the tax, and for no other purpose
whatsoever.
(c) Additional citv Funds Available. Principal and
interest coming due at anytime when the proceeds of said tax
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on hand shall be insufficient to pay the same shall be
promptly paid when due from current funds of the City
available for that purpose and reimbursement shall be made
from such special fund in the amounts thus advanced.
section 4. Note Fund. Said tax shall be assessed and
collected each year at the same time and in the same manner as,
and in addition to, all other taxes in and for the City, and when
collected they shall be converted into a special fund within the
General Fund to be known as the "GENERAL FUND CAPITAL LOAN NOTE
FUND 1992 No.1" (the "Note Fund"), which is hereby pledged for
and shall be used only for the payment of the principal of and
interest on the Notes hereinafter authorized to be issued.
Section 5. ADDlication of Note Proceeds. Proceeds of the
Notes other than accrued interest except as may be provided below
shall be credited to the Project Fund and expended only for the
purposes of the Project. Any amounts on hand in the Project Fund
shall be available for the payment of the principal of or interest
on the Notes at any time that other funds shall be insufficient to
the purpose, in which event such. funds shall be repaid to the
Project Fund at the earliest opportunity. Any balance on hand in
the Project Fund and not immediately required for its purposes may
be invested not inconsistent with limitations provided by law or
this Resolution. Accrued interest, if any, shall be deposited in
the Note Fund.
Section 6. Investments of Note Fund Proceeds. All moneys
held in the Note Fund and the Project Fund, shall be invested in
direct obligations of the United States Government or deposited in
financial institutions which are members of the Federal Deposit
Insurance corporation or the Federal savings and Loan Insurance
Corporation and the deposits in which are insured thereby and all
such deposits exceeding the maximum amount insured from time to
time by FDIC or FSLIC or its equivalent successor in anyone
financial institution shall be continuously secured by a valid
pledge of direct Obligations of the United States Government
having an equivalent market value. All such interim investments
shall mature before the date on which the moneys are required for
payment of principal of or interest on the Notes as herein
provided.
Section 6.1. ~- Reqistration. All of the Notes shall be
registered in the nRIDe of Cede & Co., as nominee for DTC. Payment
of semiannual interest for any Note registered in the name of Cede
& Co. shall be made by wire transfer or New York Clearing House or
equivalent next day funds to the account of Cede & Co. on the
interest payment date for the Notes at the address indicated in or
pursuant to the Representation Letter.
Section 6.2. The Notes shall be initially issued in the form
of separate single authenticated fully registered notee in the
-6-
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amount at each separate stated maturity at the Notes. Upon
initial issuance, the ownership ot such Notel shall be registered
in the registry books at the city Controller kept by the Paying
Agent and Registrar in the name ot Cede' Co., as nominee ot orc.
The Paying Agent and Registrar and the City may treat DTC (or its
nominee) as the sole and exclusive owner ot the Notes registered
in its name tor the purposes.of payment of the principal or
redemption price ot or interest on the Notes, selecting the Notes
or portions thereof to be redeemed, giving any notice permitted or
required to be given to registered owners of Notes under the
Resolution of the city, registering the transfer of Notes,
obtaining any consent or other action to be taken by registered
owners of the Notes and for all other purposes whatsoever; and
neither the Paying Agent and Registrar nor the City shall be
affected by any notice to the contrary. Neither the Paying Agent
and Registrar nor the City shall have any responsibili~y or
obligation to any Participant, any person Claiming a beneficial
ownership interest in the Notes under or through DTC or any
Participant, or any other person which is not shown on the
registration books of the Paying Agent and Registrar as being a
registered owner of any Notes, with respect to the accuracy of any
records maintained by orc or any Participant; with respect to the
payment by orc or any Participant of any amount in respect of the
principal or redemption price of or interest on the Notes, with
respect to any notice which is permitted or required to be given
to owners of Notes under the Resolution, with respect to the
selection by DTC or any Participant of any person to receive
payment in the even~ of a partial redemption of the Notes, or with
respect to any consent given or other action taken by orc as
registered owner of the Notes. The Paying Agent and Registrar
shall pay all principal of and premium, if any, and interest on
the Notes only to Cede & Co. in accordance with the Representation
Letter, and all such payments shall be valid and effective to
fully satisfy and discharge the city's obligations with respect to
the principal of and premium, if any, and interest on the Notes to
the extent of the sum or sums so paid. No person other than DTC
shall receive an authenticated Note for each separate stated
maturity evidencing the obligation of the City to make payments of
principal of and premium, if any, and Interest. Upon delivery by
orc to the Paying Agent and Registrar of written notice to the
effect that DTC has determined to substitute a new nominee in
place of Cede & co., the Notes will be transferable to such new
nominee in accordance with Section 6.7 hereof.
Section 6.3. In the event the city determines that it is in
the best interest of the Beneficial Owners that they be able to
obtain certificates, the city may notify DTC and the Paying Agent
and Registrar, whereupon OTC will notify the Participants, of the
availability through OTC of certificates. In such event, the
Notes will be transferable in accordance with Section 6.7 hereof.
OTC may determine to discontinue providing its services with
respect to the Notes at any time by giving notice to the city and
-7-
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the Paying Agent and Registrar and discharging its
responsibilities with respect thereto under applicable 'law. In
such event the Notes will be transferable in accordance with
Section 6.7 hereof.
Section 6.4. Notwithstanding any other provision of the
Resolution to the contrary, so long as any Note is registered in
the name of Cede' Co., as nominee of DTC, all payments with
respect to the principal of and premium, if any, and interest on
such Note and all notices with respect to such Note shall be made
and given, respectively to DTC as provided in the Representation
letter.
Section 6.5. In connection with any notice or other
communication to be provided to Noteholders by the City or the
Paying Agent and Registrar with respect to any consent or other
action to be taken by Noteholders, the City or the Paying Agent
and Registrar, as the case may be, shall establish a record date
for such consent or other action and give DTC notice of such
record date not less than 15 calendar days in advance of such
record date to the extent possible. Notice to DTC shall be given
only when Di'C is the sole Noteholder.
Section ,6.6. The execution and delivery of the Representa-
tion Letter to DTC by the Mayor and City Controller, in the form
presented at this meeting with such changes, omissions, insertions
and revisions as the Mayor shall deem advisable is hereby
aut~orized and execution of the Representation Letter by the Mayor
and, City Controller, shall be conclusive evidence of such
approval. The Representation Letter shall set forth certain
matters with respect to, among other things, notices, consents and
approvals by Noteholders and payments on the Notes. The Paying
Agent and Registrar is hereby authorized and requested to execute
the same and shall have the same rights with respect to its
actions thereunder as it has with respect to its actions under the
Resolution.
Section 6.7. In the event that any transfer or exchange of
the Notes is permitted under Section 6.2 or 6.3 hereof, such
transfer or exchange shall be accomplished upon receipt by the
Registrar from the registered owners thereof of the Notes to be
transferred or exchanged and appropriate instruments of transfer
to the permitted transferee. In the event certificates are issued
to holders other than Cede' Co., its successor as nominee for DTC
as holder of all the Notes, or other securities depository as
holder of all the Notes, the provisions of the Resolution shall
also apply to, among other things, the printing of such
certificates and the method of payment of principal of and
interest on such certificates.
Section 6.8. The officers of the City are hereby authorized
and directed to prepare and furnish to said purchaser, and to the
-8-
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attorney. approving the legality of .aid General Obligation
capital Loan Notes, certified copies of such proceedings,
ordinances, resolutions and records and all such certificates and
affidavits and other instrument. as may be required to evidence
the legality and marketability of said notes, and all certified
copies, certificates, affidavits and other instruments so
furnished, including any heretofore furnished, shall constitute
representations of the City as to the correctness of all facts
stated or recited therein.
section 7. Note Details. Execution and RedemDti9Q.
(a) Note Detatli. General obligation Capital Loan
Notes, Series 1992, of the City in the total amount of
$3,450,000, shall be issued to evidence the obligations of
the Issuer under the Loan Agreement pursuant to the
provisions of Sections 384.24, 384.24A and 384.25 of the City
Code of Iowa, as amended, for the aforesaid purpose. The
Notes shall be issued in one or more series and shall be on a
parity and secured equally and ratably from the'sources
provided in section 3 of this Resolution. The Notes shall be
designated "GENERAL OBLIGATION CAPITAL LOAN NOTE, SERIES
1992", be dated October 1, 1992, and bear interest from the
date thereof, until payment thereof, at the office of the
Paying Agent, said interest payable on June 1, 1993, and
semiannually thereafter on the 1st day of December and June
in each year until maturity at the rates hereinafter
provided.
The Notes shall be executed by the manual signature of
the Mayor and attested by the manual signature of the City
Clerk, and impressed with the seal of the City and shall be
fully registered as to both principal and interest as
provided in this Resolution; principal, interest and premium,
if any, shall be payable at the office of the Paying Agent by
mailing of a check to the registered owner of the Note. The
Notes shall be in the denomination of $5,000 or multiples
thereof and shall mature and bear interest as follows:
-9-
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_______.._w,_.......
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Interellt Principal Maturity
Rate Amount June 1st
4.75\ $170,000 1993
4.75\ 175,000 1994
4.75\ 180,000 1995
4.75\ 185,000 1996
4.80\ 195,000 1997
4.80\ 200,000 1998
4.80\ 210,000 1999
4.80\ 220,000 2000
4.80\ 235,000 2001
5.00\ 245,000 2002
5.00\ 260,000 2003
5.10\ 270,000 2004
5.15\ 285,000 2005
5.20\ 300,000 2006
5.20\ 320,000 2007
(b) RedemDtion. Notes maturing after June 1, 2000, may
be called for redemption by the Issuer and paid before
maturity on said date or any date thereafter, from any funds
regardless of source, In whole or from time to time in part,
in inverse order of maturity and within an annual maturity by
lot by qiving thirty days' notice of redemption by registered
mail, to the registered owner of the Note. The terms of
redemption shall be par, plus accrued interest to date of
call.
If selection by lot within a maturity is required, the
Registrar shall by random selection of the names of the
registered owners of the entire annual maturity select the
Notes to be redeemed until the total amount of Notes to be
called has been reached.
Section 8. Registration of Notes: ~DiD?~ntment of Reaistrar:
Transfer: Ownershin: Deliverv: and C~nge!_~~~QD.
(a) Registration. The ownership of Notes may be
transferred only by the making of an entry upon the books
kept for the registration and transfer of ownership of the
Notes, and in no other way. The City Controller is hereby
appointed as Registrar under the terms of this Resolution.
Registrar shall maintain the books of the Iesuer for the
registration of ownership of the Notes for the payment of
principal of and interest on the Notes as provided in this
Resolution. All Notes shall be negotiable as provided in
Article 8 of the Uniform Commercial Code subject to the
provisions for registration and transfer contained in the
Notes and in this Resolution.
-10-
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(b) Transfer. The ownership of any Note IlaY be
transferred only upon the Registration Books kept for the
registration and transfer of Notes and only upon surrender
thereof at the office of the Registrar together with an
,assignment duly executed by the holder or his duly authorized
attorney in fact in such form as shall be satisfactory to the
Registrar, along with the address and social security number
or federal employe~ identification number of such transferee
(or, if registration is to be made in the name of multiple
individuals, of all such transferees). In the event that the
address of the registered owner of a Note (other than a
registered owner which is the nominee of the broker or dealer
in questionj is that of a broker or dealer, there must be
disclosed on the Registration Books the information
pertaining to the registered owner required above. Upon the
transfer of any such Note, a new fully registered Note, of
any denomination or denominations permitted by this
Resolution in aggregate principal amount equal to the
unmatured and unredeemed principal amount of such transferred
fully registered Note, and bearing interest at the same rate
and maturing on the same date or dates shall be delivered by
the Registrar.
(c) Reaistration of Transferred Notes. In all cases of
the transfer of the Notes, the Registrar shall register, at
the earliest practicable time, on the Registration Books, the
Notes, in accordance with the provisions of this Resolution.
(d) OwnerShip. As to any Note, the person !in whose
name the ownership of the same shall be registered on the
Registration Books of the Registrar shall be deemed and
regarded as the absolute owner thereof for all purposes, and
payment of or on account of the principal of any such Notes
and the premium, if any, and interest thereon shall be made
only to or upon the order of the registered owner thereof or
his legal representative. All such payments shall be valid
and effectual to satisfy and discharge the liability upon'
such Note, including the interest thereon, to the extent of
the sum or sums so paid.
(e) Cancellatioq. All Notes which have been redeemed
shall not be reissued but shall be cancelled by the
Registrar. All Notes which are cancelled by the Registrar
shall be destroyed and a certificate of the destruction
thereof shall be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar shall
forward the cancelled Notee to the Issuer.
(f) Non-Presentment of Notes. In the event any payment
check representing payment of principal of or interest on the
Notes is returned to the Paying Agent or if any note is not
-11-
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presented tor payment at principal at the aaturity or
redemption date, it tunds sutticient to pay such principal ot
or interest on Notes shall have been made available to the
Paying Agent tor the benetit ot the owner thereot, all
liability ot the Issuer to the owner thereot tor such
interest or payment ot such Notes shall torthwith cease,
terminate and be completely discharged, and thereupon it
shall be the duty at the Paying Agent to hold such tunds,
without liability tor interest thereon, tor the benetit of
the owner of such Notes who shall thereatter be restricted
exclusively to such funds for any claim ot whatever nature on
his part under this Resolution or on, or with respect to,
such interest or Notes. The Paying Agent's obligation to
hold such funds shall continue for a period equal to two
years and six months following the date on which such
interest or principal became due, whether at maturity, or at
the date fixed for redemption thereof, or otherwise, at which
time the Paying Agent, shall eurrender any remaining funds so
held to the Issuer, whereupon any claim under this Resolution
by the Owners of such interest or Notes of whatever nature
shall be made upon the Issuer.
(g) Reaistration and Transfer Fees. The Registrar may
furnish to each owner, at the Issuer's expense, one note for
each annual maturity. The Registrar shall furnish additional
Notes in lesser denominations (but not less than the minimum
denomination) to an owner who so requests.
'Section 9. Reissuance of Mutildted, Destroved. Stolen or
Lost Notes. In case any outstanding Note shall ~come mutilated
or be destroyed, stolen or lost, the Iseuer shall at the request
of Registrar authenticate and deliver a new Note of like tenor and
amount as the Note so m~tilated, destroyed, stolen or lost, in
exchange and substitution for such mutilated Note to Registrar,
upon surrender of such mutilated Note, or in lieu of and
substitution for the Note destroyed, stolen or lost, upon filing
with the Registrar evidence satisfactory to the Registrar and
Issuer that such Note has been destroyed, stolen or lost and proof
of ownership thereof, and upon furnishing the Registrar and Issuer
with satisfactory indemnity and complying with such otner
reasonable regulations as the Issuer or its agent may prescribe
and paying such expenses as the Issuer may incur in connection
therewith.
Section 10. Record Date. Payments of principal and
interest, otherwise than upon full redemption, made in respect of
any Note, shall be made to the registered holder thereof or to
their designated Agent as the same appear on the books of the
Registrar on the 15th day of the month preceding the payment date.
All such payments shall fully discharge the Obligations of the
Issuer in respect of such Notes to the extent of the payments so
-12-
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made. Payment of principal shall only be made upon lurrender of
the Note to the Paying Agent.
Section 11. Execution. Authentication and Deliverv of thg
H2ti1. The Mayor and Clerk shall execute and deliver the Notel to
the Registrar, who shall authenticate the Notes and deliver the
same to or upon order of the Purchaser. No Note shall be valid or
obligatory for any purpose or shall be entitled to any right or
benefit hereunder unless the Registrar shall duly endorse and
execute on such Note a Certificate of Authentication substantially
in the form of the Certificate herein set forth. Such Certificate
upon any Note executed on behalf of the Issuer shall be conclusive
evidence that the Note so authenticated has been duly issued under
this ReSOlution and that the holder thereof is entitled to the
benefits of this Resolution.
Section 12. Right to Name Substltute Payina Aaent or
Registrar. Issuer reserves the right to name a substitute,
successor Registrar or Paying Agent upon giving prompt written
notice to each registered noteholder.
;
-13-
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Section 13. Form at Note. Notes shall be printed in
substantial compliance with standards proposed by the American
Standards Institute substantially in the form a. tollows:
I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I
I I
I I
I (6) (6) I
I I
I I
I (7) (8) I
I I
I I
I I
I (1) I
I I
I I
I I
~ ~ ~ (4) ~~,
J I
I I
I I
~ (9) ~
I I
I I
I (9a) I
I I
I I
I I
I (10) I
I (continued on the back of this Note) I
I I
I~ I I (15) I~
(11) (12) (13) (14)
I I
I I
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I
FIGURE 1
(Front)
-14-
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Anon/i(Y$ATLAW on~omU.IOWA
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(10) (16) (17)
(Continued)
I
FIGURE 2
(Back)
-15-
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AnOANMATLAW OUl.AO/.'OEI,1OWA
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i
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The text ot the Notes to be located thereon at the item
numbera shown ahall be as tollows:
Item 1, figure 1 . "STATE OF IOWA"
"COUNTY OF JOHNSON"
"CITY OF IOWA CITY"
"GENERAL OBLIGATION CAPITAL LOAN NOTE"
"SERIES 1992"
"GENERAL CORPORATE PURPOSE"
Item 2, figure 1 . Rate:
Item 3, figure 1 . Maturity:
Item 4, figure 1 = Note Date: October 1, 1992
Item 5, figure 1 = cusip No.:
Item 6, figure 1 . "Registered"
Item 7, figure 1 = certificate No. _____
Item 8, figure 1 = Principal Amount: $
Item 9, figure 1 = The City of Iowa City, Iowa, a municipal
corporation organized and existing under and by virtue of the
Constitution and laws of the State of Iowa (the "Issuer"), for
value received, promises to pay from the source and as hereinafter
provided, on the maturity date indicated above, to
Item 9A, figure 1 = (Registration panel to be completed by
Registrar or Printer with name of Registered owner).
Item 10, figure 1 = or registered assigns, the principal sum
of (principal amount written outl THOUSAND DOLLARS in lawful money
of ,the United States of America, on the maturity da~e shown above,
only upon presentation and surrender hereof at the office of the,
City Controller, Paying Agent of this issue, or its successor,
with interest on said sum from the date hereof until paid at the
rate per annum specified above, payable on June 1, 1993, and
semiannually thereafter on the 1st day of December and June in
each year.
Interest and principal shall be paid to the registered holder
of the Note as shown on the records of ownerShip maintained by the
Registrar as of the 15th day of the month next preceding such
interest payment date. Interest shall be computed on the basis of
a 360-day year of twelve 30-day months.
This Note is issued pursuant to the provisione of Sections
384.24, 384.24A and 384.25 of the City Code of Iowa, as amended,
for the purpose of paying costs of the construction and equipping
of additions and improvements to the municipal parking system, and
in order to evidence the obligations of the Issuer under a certain
Loan Agreement dated , in conformity to a
Resolution of the Council of the Issuer duly passed and approved.
For a complete statement of the revenues and funds from which and
the conditions under which this Note is payable, a statement of
-16-
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the conditions under which additional Notel ot equal Itanding may
be issued, and the general covenants and provisions pursuant to
which this Note is issued, reference is made to the above
described Loan Agreement and Resolution.
Unless this certificate is presented by an authorized
representative at The Depository Trust Company, a New York
corporation ("OTC"), to the Issuer or its agent tor registration
of transfer, exchange or payment, and any certificate issued is
registered in the name of Cede , Co. or such other name as
requested by an authorized representative of DTC (and any payment
is made to Cede , Co. or to such other entity as is requested by
an authorized representative of DTC), ANY TRANSFER, PLEDGE.OR
OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS
WRONGFUL inasmuch as the registered owner hereof, Cede' Co., has
an interest herein.
Notes maturing after June 1, 2000, may be called for
redemption by the Issuer and paid before maturity on said date or
any date thereafter, from any funds regardless of source, in whole
or from time to time in part, in inverse order of maturity and
within an annual maturity by lot by giving thirty days' notice of
redemption to the registered owner of the Note. The terms of
redemption shall be par, plus accrued interest to date of call.
Notice hereunder may be given by registered mail to the owner
of record of the Note at the address shown on the books of the
Registrar and shall be deemed complete upon mailing.
!
OWnerShip of this Note may be transferred only by transfer
upon the books kept for such purpose by the City Controller, the
Registrar. Such transfer on the books shall occur only upon
presentation and surrender of this Note at the office of the
Registrar as designated below, together with an assignment duly
executed by the owner hereof or his duly authorized attorney in
the form as shall be satisfactory to the Registrar. Issuer
reserves the right to substitute the Registrar and Paying Agent
but shall, however, promptly give notice to registered noteholders
of such change~ All Notes shall. be negotiable as provided in
Article 8 of the Uniform Commercial Code and subject to the
provisions for registration and transfer contained in the Note
Resolution.
And it is hereby represented and certified that all acts,
conditions and things requisite, according to the laws and
Constitution of the State of Iowa, to exist, to be had, to be
done, or to be performed precedent to the lawful issue of this
Note, have been existent, had, done and performed as required by
law; that provision has been made for the levy of a sufficient
continuing annual tax on all the taxable property within the
territory of the Issuer for the payment of the principal and
interest of this Note as the same will respectively become due;
-17-
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that the faith, credit, revenues and resources and all the real
and personal property of the Issuer are irrevocably pledged for
the prompt payment hereof, both principal and interest I and the
total indebtedness of the Issuer including this Note, does not
exceed the constitutional or statutory liaitations.
This Note is a "qualified tax-exempt obligation" designated
by the Issuer for purposes of Section 265(b) (3) (B) of the Internal
Revenue Code of 1986.
IN TESTIMONY WHEREOF, the Issuer by its Council, has caused
this Note to be signed by the manual signature of its Mayor and
attested by the manual signature of its City Clerk, with the seal
of said City impressed hereon, and to be authenticated by the
manual signature of an authorized representative of the Registrar,
the City Controller, Iowa City, Iowa. '
Item 11, figure 1 = Date of Authentication:
Item 12, figure 1 = This is one of the Notes described in
the within mentioned ReSOlution, as
registered by the City Controller.
CITY CONTROLLER, Registrar
By:
Authorized Signature
Item 13, figure 1 = Registrar a~d Transfer Agent:
City Controller
Paying Agent: City Controller
SEE REVERSE FOR CERTAIN DEFINITIONS
Item 14, figure 1 = (Seal)
Item 15, figure 1 = [Signature Block]
CITY OF IOWA CITY, IOWA
By: (manual sianaturel
Mayor
ATTEST:
By: (manual sianaturel
City Clerk
-18-
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Item 16, tigure 2 · It is certitied that the tOllowing i.
a correct and complete copy ot the
opinion ot bond counsel issued as ot the
date ot deHvery of the issue ot which
this Note is a part.
(manual sianaturel
City Clerk '
[Opinion of Bond Counsel]
Item 17, figure 2 .
[Assignment Block]
[Information Required for
Registration]
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and
transfers unto (Social security or Tax
Identification No. ) the within Note and does
hereby irrevocably constItute and appoint
attorney in fact to transfer the said Note on the books kept for
registration of the within Note, with full power of substitution
in the premises.
Dated
(Person(s) executing this Assignment sign(s) here)
SIGNATURE )
GUARANTEED)
IMPORTANT - READ CAREFULLY
The signature Is) to this Power must correspond with the
name(s) as written upon the face of the certificate(s) or
Note(s) in every particular without alteration or enlargement
or any change whatever. Signature guarantee should be made
by a member or member organization of the New York Stock
EXChange, members of other Exchanges having signatures on
file with transfer agents or by a commercial bank or trust
company.
-19-
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INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER
Name of Transferee(s)
Address of Transferee(s)
Social Security or Tax
Identification Number of
Transferee(s)
Transferee is a(n):
Individual*
Partnership
Corporation
Trust
*If the Note is to be registered in the names of multiple
individual owners, the names of all such owners and one address
and social security number must be provided.
The fOllowing abbreviations, when used in the inscription on
the face of this Note, shall be construed as though written out in
full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not
as tenants in common
IA UNIF TRANS MIN ACT _
......... . Custodian. .........
. I
(Cust) (Minor)
under Iowa Uniform Transfers to
Minors Act...................
(state)
ADDITIONAL ABBREVIATIONS MAY BE ALSO
USED THOUGH NOT IN THE ABOVE LIST
Section 14. Contract Between Issuer and Purchase~. This
Resolution shall constitute a contract between said City and the
purchaser of the Notes.
Section 15. Non-Arbitraqe Covenants. The Issuer reasonably
expects and covenants that no use will be made of the proceeds
from the issuance and sale of the Notes issued hereunder which
will cause any of the Notes to be classified as arbitrage bonds
within the meaning of Section 148(a) and (b) of the Internal
Revenue Code of the United states, and that throughout the term of
the Notes it will comply with the requirements of said statute and
regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no
facts or circumstances that would materially change the foregoing
statements or the conclusion that it is not expected that the
proceeds of the Notes will be used in a manner that would cause
the Notes to be arb~trage bonds. Without limiting the generality
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.\IILEIIS, r.INlXEr. DOIIWEJLEII,II.II~IE,S.I/Iru & ,\I.LUEE, Pr.,
"nORNEV.ATl....W OUMOWES.1OYd.
r:l;' 'If
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of the foregoing, the Issuer hereby agrees to comply with the
provisions of the Tax Exemption Certificate and the provisions of
the Tax Exemption Certificate are hereby incorporated by reference
as part of this Resolution. The Finance Officer is hereby
directed to make and insert all calculations and determinations
necessary to complete the Tax Exemption Certificate in all
respects and to execute and deliver the Tax Exemption Certificate
at issuance of the Notes to certify 3S to the reasonable
expectations and covenants of th~ lssuer at that date.
Section 16. Severabilitv Clause. If any section, paragraph,
clause or provision of this Resolution be held invalid, such
invalidity shall not affect any of the remaininq provisions
hereof, and this Resolution shall become effective immediately
upon its passage and approval.
Section 17. Additional Covenants. ReDresentations and
Warranties of the Issuer. The Issuer certifies and covenants with
the purchasers and holders of the Notes from time to time
outstanding that the Issuer through its officers, (a) will make
such further specific covenants, representations and assurances as
may be necessary or advisable; (b) comply with all
representations, covenants and assurances contained in the Tax
Exemption Certificate, which Tax Exemption Certificate shall
constitute a part of the contract between the Issuer and the
owners of the Notes; (c) consult with bond counsel (as defined in
the Tax Exemption Certificate); (d) pay to the United states, as
necessary, such sums of money representing required rebates of
excess arbitrage profits relating to the Notes; (e) file such
forms, statements and supporting documents as may be required and
in a timely manner; and (f) if deemed necessary or advisable by
its officers, to employ and pay fiscal agents, financial advisors,
attorneys and other persons to assist the Issuer in such
compliance.
Section 18. Amendment of Resolution to Maintain Tax
ExemDtiQD. This Resolution may be amended without the consent of
any owner of the Notes if, in the opinion of bond counsel, such
amendment is necessary to maintain tax exemption with respect to
the Notes under applicable Federal law or regulations.
Section 19. Oualified Tax-ExemDt Obliqations. For the sole
purpose of qualifying the Notes as "QuaUfied Tax Exempt
Obligations" pursuant to the Internal Revenue Code of the United
states, the Issuer designates the Notes aB qualified tax-exempt
obligations and represente that the reasonably anticipated amount
of tax exempt governmental and Code Section 501(c)3 obligations
which will be issued during the current calendar year will not
exceed Ten (10) Million Dollars.
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A"OAIi(VI AT LAW on MOINn.IOWA
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Section 20. ReDeal ot Contlictina Resolutions or Ordinances.
All ordinances and resolutions and parts ot ordinances and
resolutions in conflict herewith are hereby repealed.
PASSED AND APPROVED this .llt.h. day of October
1992.
,
Mayor
ATTEST:
~;.A.....) i: ~/V
City Clerk
d07lmmu0917334
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9/91
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, the undersigned city Clerk of Iowa city, Iowa, do hereby
certify that attached is a true and complete copy of the portion
of the'corporate records of said Municipality showing proceedings
of the council, and the same is a true and complete copy of the
action taken by said Council with respect to said matter at the
meeting held on the date indicated in the attachment, which
proceedings remain in full force and effect, and have not been
amended or rescinded in any way; that meeting and all action
thereat was duly and publicly held in accordance with a notice of
meeting and tentative agenda, a copy of which was timely served on
each member of the Council and posted on a bulletin board or other
prominent place easily accessible to the pUblic and clearly
designated for that purpose at the principal office of the Council
(a copy of the face sheet of said agenda being attached hereto)
pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the
pUblic and media at least twenty-four hours prior to the com-
mencement of the meeting as required by said law and with members
of the public present in attendance; I further certify that the
individuals named therein were on the date thereof duly and
lawfully possessed of their respective city offices as indicated
therein, that no Council vacancy existed except as may be stated
in said proceedings, and that no controversy or litigation is
pending, prayed or threatened involving the incorporation,
organization, existence or boundaries of the city or the right of
the individuals named therein as officers to their respective
positions.
WITNESS my hand and the seal of said Municipality hereto
affixed this 13th day of October , 1992.
.".
?!e4J~(J ~ ~It)
City Clerk, Io a City, Iowa
SEAL
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...nOA"'EY8AT~AW OUl.lOlllES,IOWA
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(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The city Council of Iowa City, Iowa.
Date of Meeting:
Time of Meeting: ~
October 13
, 1992.
7:30
o'clock .l..M.
Place of Meeting: Council Chambers, Civic Center, 410 E.
Washington street, Iowa City, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned
governmental body will meet at the date, time and place above set
out. The tentative agenda for said meeting is as follow~: .
$3,450,000 General Obligation capital Loan Notes, Series 1992.
- Approval of Tax Exemption Certificate.
- Resolution approving and authorizing a ,form of
Loan Agreement and authorizing and providing
for the issuance of Capital Loan Notes and
levying a tax to pay the Notes.
Such additional matters as are set forth on the addi-
tional 13 pagels) attached hereto.
(number)
This notice is given at the direction of the Mayor'pursuant
to Chapter 21, Code of Iowa, and the local rules of said
governmental body.
:,.
~AJ -I! ~AA)
cit Clerk, Iowa City, Iowa
A"ORNIYlATLAW OUMOINU,1OW4
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AIILElla Coo.\EY,IlOO\\'EILEII, IIAI~IE.SIIfIll' ALLBEE, nr.
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RESOLUTION NO, 92- 286
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN AGREEMENT WITH GEORGE AND MARCIA NAGLE, RICHARD L
AND MARY LOU MCCREEDY, AND JERRY AND JO ANN E, HILGENBERG
(NM&H) AND FRANTZ CONSTRUCTION CO, INC. (FRANTZ) CONCERNING
STORMWATER MANAGEMENT FACILITIES IN CERTAIN PORTIONS OF THE
VILLAGE GREEN AREA,
WHEREAS, In 1979 the City 01 Iowa City entered Into a stormwater management easement
agreement with Iowa City Development Company concerning Village Green Part X; and
WHEREAS, tt was later discovered that the land was not owned by Iowa City Development
Company, and therefore the grant to the City was questionable; and
WHEREAS, said land for this stormwaler management easement agreement Is now owned by
NM&H, which 'easement" thereby creates a cloud on their title lor conveyance purposes; and
WHEREAS, certain stormwater management obligations remain unmet on other areas of Village
Green, namely Village Green South Part Two and Village Green Part X; and
WHEREAS, NM&H has requested the City to release the prior 'clouded' easement on their
existing property,' In exchange lor a covenant running with the land to provide for the
compensating storage which remains unmet by Village Green South Part Two and Village Green
Part X; and
WHEREAS, Frantz, who has developed Village Green Part XI and Is attempting to develop Village
Green Part XII, has an Interest In joining In with this agreement, In order to resolve the stormwater
management compensating storage questions; and
WHEREAS, Frantz has agreed to provide and construct the needed stormwater management
laclllty In connection with the development 01 Village Green Part XII, approved by the City 01 Iowa
City September 29, 1992; and
WHEREAS, Frantz, NM&H and the City 01 Iowa City have negotiated an agreement setting lorth
the various obligations, whereby a new stormwater management facility will be constructed to
compensate for storage not provided, to release clouds on the title 01 property now owned by
NM&H, and to release certain escrows being held on property now owned by Frantz to use In
his construction 01 the laclllty,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT:
1, The attached Storm Water Management Agreement with NM&H, Frantz and the City Is In
the best Interest 01 the City 01 Iowa City, and Is approved as to lorm and content.
2, The Mayor Is hereby authorized to'slgn and the Clerk to attest the Agreement, attached
hereto and Incorporated by reference herein, to be recorded by the City 01 Iowa City In
the Johnson County Recorder's Office at City expense,
JrJIIS
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Resolution No, 92-286
paga 2
It was moved by Ambrieco and seconded by
adopted, and upon roll call there were:
Horowitz the Resolution be
AYES:
NAYS:
ABSENT:
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Ambrlsco
Courtney
Horowitz
Kubby
Lerson
McDonald
Novick
Passed and approved this 13th
day of October , 1992,
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APprov,ed ~ i
~rneY's Office ~I
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ATTEST: 7t~) .JI. ~~
CIT CLERK
n:V'llll\v~leg",..
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STORM WATER MANAGEMENT AGREEMENT
THIS AGREEMENT made and entered into this 13th day of
October , 1992, by and between the city of Iowa
City, Iowa, hereinafter referred to as the "City" and George
Nagle and Marcia Nagle, husband and wife; Richard L. McCreedy
and Mary Lou McCreedy, husband and wife; and Jerry Hilgenberg
and JoAnn E. Hilgenberg, husband and wife, hereinafter
collectively referred to as the "NM&H", and Frantz
Construction Co. Inc., hereinafter referred to as "Frantz".
WITNESSETH:
WHEREAS, the city and Iowa city Development Company
entered into a storm Water Management Agreement as a part of
the platting procedure for Village Green Part X, which
agreement was recorded with the platting documents for said
subdivision on June 13, 1979, in Book 549, at pages 370 thru
374, in the Records of the Recorder of Johnson County, Iowa,
and
WHEREAS, pursuant to said storm Water Management
Agreement, Iowa City Development Company executed and
delivered to the city a storm Water Management Easement, which
easement was also recorded on June 13, 1979, in Book 549, at
Pages 375 thru 378, in the Records of the Recorder of Johnson
County, Iowa, and
WHEREAS, it has been determined that the area covered by
the easement was then owned by Village Green South, Inc. and
that said area is now owned by the "NM&H", and
WHEREAS, NM&H have requested that the city release said
easement in exchange for the agreement of NM&H to place a
Storm Water Management Covenant on the real estate owned by
NM&H and described in the attached Exhibit "A", and
WHEREAS, the covenant required by the city will provide
that the real estate, described in the attached Exhibit "A"/
be burdened with the obligation to provide storm water storage
to compensate for storm water storage that was not provided in
connection with the development of Village Green South Part
Two, and Village Green Part X, and
WHEREAS, Frantz developed village Green Part XI, with the
understanding that escrowa deposited in connection with the
issuance of building permits for lots in said subdivision
would be used to construct a storm water storage facility to
be located on the real estate described in the attached
Exhibit "A", and
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IBBRBAB, Frantz has agreed that compensating storm water
storage capacity for Village Green Part XI will now be
provided in the storm water storage facility to be constructed
by Frantz, in connection with the development of Village Green
Part XII to be located on the real estate described in the
attached Exhibit "B", and
IBERBAB, Frantz has requested that the City release the
escrows deposited in connection with the issuance of building
permits in Village Green Part XI, in exchange for the
agreement of Frantz to place a storm water management covenant
on the real estate owned by Frantz and described in the
attached Exhibit "B", and
WHBRBAB, the covenant required by the City will provide
that the real estate described in the attached Exhibit "B" be
burdened with the obligation to provide storm water storage to
compensate for storm water storage that was not provided in
connection with the development of Village Green Part XI, and
WHBREAS, the City has agreed to release said easement and
all storm water management escrows and Letters of Credit held
in connection with the Village Green South Part Two and
Village Green Part XI developments in return for said
covenants.
NOI, THEREFORE, in consideration of the premises and the
mutual covenants hereinafter contained, it is agreed as
follows:
1. NM&H agree for themselves and their successors in
interest and assigns:
a. That a development proposal for all or any part
of the real estate described in the attached Exhibit IIAII shall
provide an on site storm water detention facility.
b. That the required on site storm water detention
facility shall be designed to provide an additional 24.7 acre
inches of storm water storage capacity over and above the
storm water storage capacity, which would otherwise have been
required in connection with said development had it not been
for this covenant.
c. That no building permits shall be issued for
any lot located within the boundaries of the real estate
described in the attached Exhibit "A" until construction of
the required storm water detention facility has been
sUbstantially completed in accordance with plans and
specifications approved by the City, and a sufficient escrow
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has been established with the city to guarantee final
completion of said facility and acceptance of the facility by
the city.
d. That the provisions of this paragraph 1 shall
be deemed to be covenants running with the title to the real
estate described in the attached Exhibit "A" until released by
the city.
2. The city agrees that the additional 24.7 acre inches
of storm water storage capacity, required in paragraph 1 b
above, is sufficient to compensate for the fact that no storm
water storage area was provided in the development of Village
Green South Part Two and Village Green Part X.
3. Frantz agrees for itself and its successors in
interest and assigns:
a. That a development proposal for all or any part
of the real estate described in the attached Exhibit "B" shall
provide an on site storm water detention facility.
b. That the required on site storm water detention
facility shall be designed to provide an additional 27 acre
inches of storm water storage capacity over and above the
storm water storage capacity, which would otherwise have been
required in connection with said development had it not been
for this covenant.
c. That no building permits shall be issued for
any lot located within the boundaries of the real estate
described in the attached Exhibit "B" until construction of
the required storm water detention facility has been
substantially completed in accordance with plans and
specifications approved by the city, and a sufficient escrow
has been established with the City to guarantee final
completion of said facility and acceptance of the facility by
the city.
d. That the provisions of this paragraph 3 shall
be deemed to be covenants running with the title to the real
estate described in the attached Exhibit "B" until released by
the City.
4. The city agrees that the additional 27 acre inches
of storm water storage capacity, required in paragraph 3 b
above, is sufficient to compensate for the fact that no storm
water storage area was provided in the development of Village
Green Part XI.
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5. The city agrees that in consideration of the
covenants of the OWners and Frantz as set forth in paragraphs
1 and 3 hereof, that it will execute and record a Release of
the storm Water Management Easement covering a portion of the
real estate described in the attached Exhibit "A".
6. The City also agrees that it will release Village
Green South Part Two, Village Green Part X and Village Green
Part XI from the liens placed thereon by the various
Subdivider's Agreements executed by the Developers of said
SUbdivisions, and the City in connection with the platting of
said sUbdivisions to the extent that said various agreements
created liens to insure construction of storm water detention
facilities to serve each of said subdivisions.
7. contemporaneously with the Release of the Storm
Water Management Compliance Lien on the three subdivisions,
the city will also release escrows for Village Green Part XI
to Frantz and Letters of Credit for Village Green South Part
Two to NM&H to the extent that said escrows and Letters of
Credit were held to insure compliance by the Developers of
said sUbdivisions with the city's Storm Water Management
Ordinance.
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CITY OF IOWA CITY, IOWA
City Attorney's Office
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Mar an K. Karr, city Clerk
k'ifo!2f-
George N 1e
1aJIit
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iAa-k tI r1
Mar ia Nagle
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FRANTZ ONSTRUCTION CO. INC.
ecre ary
,
STATE OF IOWA
ss:
JOHNSON COUNTY
On this /3"11' day of OCToP,F:R ,
1992, before me, the undersigned, a Notary PUblic in and for
the State of Iowa, personally appeared Carrel G. Courtney and
Marian K. Karr, to me personally known, who, being by me duly
sworn, did say that they are the Mayor and City Clerk,
respectively, of the. City of Iowa City, Iowa, executing the
within and foregoing instrument; that the seal attached
thereto is the seal of said corporation by authority of its
city Council; and that the said Mayor and City Clerk
acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them
voluntarily executed.
~ .
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Notary Publ c in and for said State
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STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this /0 f~ day of <.Xk~'~L; , 1992,
before me, the undersigned, a Notary Public in and for said
County and State, personally appeared George Nagle and Marcia
Nagle, husband and wife, to me known to be the identical
persons named in and who executed the within and foregoing
instrument, to which this is attached, and acknowledged that
they executed the same as their voluntary act and deed.
~:~ (l, 2J;Jk/
Notary Public in and for said state
IlIA MIIl:.a
1ft~1i94
STATE OF IOWA
ss:
JOHNSON COUNTY
On this 9+>> day of ~~V''--'' 1992, before me,
the undersigned, a Notary Pub I n and for said County and
state, personally appeared Richard L. McCreedy and Mary Lou
McCreedy, husband and wife, to me known to be the identical
persons named in and who executed the within and foregoing
instrument, to which this is attached, and acknowledged that
they executed the same as their voluntary act and deed.
't:~ /'Z-, V dV
Notary Public in and for said state
USA R. WELLS
IlY COMMISSIOO EXPIRES
NcYenllef3,l994
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this / / tJ day of 1 .Jh'h:;.k.J , 1992, before me,
the undersigned, a Notary Pub~~~'~~d-for said County and
state, personally appeared Jerry Hilgenberg and JoAnn E.
Hilgenberg, husband and wife, to me known to be the identical
persons named in and who executed the within and foregoing
instrument, to which this is attached, and acknowledged that
they executed the same as their voluntary act and deed.
/I ;., L tJ.dW
~ IftEr f Notary Publ c n and for sa d State
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STATE OF IOWA
ss:
JOHNSON COUNTY
On this 16th day of September , 1992,
before me, the undersigned, a Notary PUblic in and for the
State of Iowa, personally appeared William L. Frantz
and , to me personalJ.y *nown, who
being by me duly sworn, did say that ~lIixi&ar.e the
Pr~nt and Secret.;lrv
f~~'i~ of the corporation executing the within and
foregoing instrument to which this is attached, that (no sial
has been procured by the) f:lilYkxf#W~be4~xiaxttJe:
aeMXQfx~~ corporation; that said instrument was signed lW
~ on behalf of the corporation by authority of its Board
of Directors; and that l~illl~m T.. Frontz iIllId:
as officers acknowledged the
execution of the foregoing instrument to be the voluntary act
and deed of the corporation,. by it and by ~:-voluntarilY
executed.
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EXHIBIT "A"
That portion of the Northeast Quarter of Section
24, Township 79 North, Range 6 West of the 5th
P.M., lying North of the right of way of the
Chicago, Rock Island and Pacific Railroad Company
and East of the tract platted as Village Green
South Part Two,' according to the plat thereof
recorded in Book 18, Page 67, Plat Records of
Johnson County, Iowa, excepting from the above the
East 50 feet thereof. '
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Beginning at the Southeast Corner of VILLAGE GREEN, PART
X; Thence NOO'39'00'E, 387,59 feet; Thence N2S'53'14'E,
96,25 feet; Thence N45'32'17'E, 65.19 feet; Thence
N49'56'12'E, 10S.00 feet; Thence N42'29'10'E, 11S.22
feet along the East Line of said Part x, to a point on
the Northeasterly Right of Way Line of Village Road;
Thence Northwesterly 150,02 feet, along said Right of
Way Line on a 1000.00 foot radius curve, concave
Northeasterly, whose 149.88 foot chord bears
N43'12'59"W; Thence N3S'55'07'W, 104,41 feet along said
Right of Way Line; Thence Northwesterly 36S, 90 feet
along said Right of Way Line along a 2270.00 foot radius
curve, concave Northeasterly, whose .368.49 foot chord
bears N34'15'47'W to the Southwesterly corner of Lot 76
of VILLAGE GREEN, PART THREE; Thence S62'2~'15'E, SO.25
feet along the Southwesterly line of said Lot 76; Thence
N46'31'55'E, 197.S2 feet along the Southeasterly Line of
said Lot 76;. Thence' NS6'07'05'E, 312,30 feet along the
Southerly Line of said Part Three to the,Southeasterly
corner of Lot 66 of said Part Three; Thence S33'OS'19'E,
17,19 feet; thence S26'03'33"E, 223.4S feet; Thence
SOS'OO'39"E; ,250.42 feet; Thence ,S47'30'51'E, 14S,25
feet; Thence S26'03'33'E, 216.55 feet; Thence
S39'29'Ol"W, 403.02 feet; Thence SOS'5S'49'W, 136.S6
feet; Thence SOO'03'OO'E, 84,S2 feet to a point on the
South Line of the Southeast Quarter of Section 13,
Township 79 North, Range 6 West of the Fifth Principal
Meridian; Thence SS9'57'00'W, 479,90 'feet along said
South Line to the Point of Beginning, Said Tract of
Land contains 15.15 acres, more or less, and is subject
to easements and restrictions of record.
EXHIBIT "B"
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