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City of Iowa City
MEMORANDUM
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Date: November 8, 1994
To: The Honorable Mayor Susan M. Horowitz and Members of the City Council
From: Linda Newman Woito, City Attorney _./hy/.I......
Sarah E. Holecek, Assistant City Attorney ~
Re: Neighborhood Open Space Ordinance-Rationale and Justification for dedication
of land or payment of fees by a development when other park land exists nearby
The Iowa City Homebuilders Association has again requested clarification of the
mechanism and justification for calculating and requiring the dedication of land and/or
payment of fees for neighborhood open space when other park land exists within a
reasonable proximity to proposed development. First, the mechanism for consideration
of existing open space in close proximity to a proposed development is built into the
current subdivision/PDH approval process, Upon review of a proposed
subdivision/PDH development, the amount of neighborhood open space to be dedicated
pursuant to the ordinance is calculated. If there is a "finding that the recreational needs
of the proposed subdivision can be met by other park, greenway, or recreational
facilities planned or constructed by the City within reasonable proximity to the
subdivision," the calculated open space requirement may be modified downward by the
"crediting" some of the existing open space toward fulfilling the needs generated by the
proposed development. However. this is not a reauirement for two reasons. First, the
proposed development's neiahborhood open space needs may not be served by the
space, Second, any new development will certainly create an impact upon the existing
open space. Thus, though the City may credit existing or planned space toward
meeting a development's needs, an individualized determination will be made based
upon each set of specific facts,
Simply put, the exaction of fees or land is justified by the impact of the new
development upon the existing or planned facilities, Regardless of any new
development's location, such development creates an impact upon existing
infrastructure, Th'e fact that a subdivision is close to a community park does not serve
to minimize that impact, and thereby should not create a "windfall" to the developer by
allowing the existing community space to be "tacked on" to the development and
considered sufficient to meet neighborhood open space needs, However, as an
example, an ideal design would attempt to "add.on" or maximize the existing open
space through dedication of land, payment of fees, or a combination of both to expand
the existing space and provide a trail for neighborhood access, In sum, in this situation
the fees and\or land collected would be used to expand the existing or planned
facilities, and accommodate the expanded use and demand created by the
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development. Again, the ordinance clearly states that any funds or land received
is specifically for the acquisition and provision of open spa,ce for the particular
neighborhood, not city-wide parks,
We hope this information proves helpful in your consideration of the proposed
Neighborhood Open Space Ordinance,
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cc: Melody Rockwell
Karin Franklin
Marian Karr
Steve Atkins
Dale' Helling
Terry Trueblood
Carol Godiksen, Home Builders Association of Iowa City
Don Robinson, Home Builders Association of Iowa City
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City of Iowa City
MEMORANDUM
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Date: November 4, 1994
To:
The Honorable Mayor Susan M. Horowitz and Members of the City Council
AiLA.Ar'
From: Linda Newman Woito, City Attorney
Sarah E. Holecek, Assistant City Attorney ~
Re: Response to comments of Iowa City Home Builders Association on proposed
Neighborhood Open Space Ordinance
Your packet includes a letter from the National Home Builders Association responding
to a request from the Iowa City Home Builders Association for a review of the proposed
Iowa City Neighborhood Open Space Ordinance, The review letter comments on
several areas of "concern", which we now address by an explanation of the history,
purpose and operation of the proposed ordinance,
First, as a point of history in the development of this proposed ordinance, it may be
helpful for all to recall that the Neighborhood Open Space Committee solicited
comments from the development community for well over a year. The Committee also
carefUlly considered those comments when developing the Neighborhood Open Space
Plan, adopted by the Council as part of the Comprehensive Plan July 20, ,1993,
Moreover, the proposed ordinance is specifically designed to implement the goals and
guidelines set out over a year ago in the Plan,
Additionally, two public hearings on the proposed ordinance were held before each the
Riverfront and Natural Areas Commission, the Parks and Recreation Commission and
the Planning and Zoning Commission, for a total of 6 public hearings, The public
comments resulting from each of those hearings also shaped the proposed ordinance,
and each Commission forwarded a recommendation of approval to the Council after
their careful deliberations, Unfortunately, as the newly formed Iowa City Home Builders
Association was not "up and running" at the time of those comment solicitations and
hearings, they are understandably distressed by a perceived lack of information. We
shall thus respond to each of the submitted comments to ensure that all parties are fully
informed,
The formula set out in Section 14.70.3, "Dedication of Land" was arrived at by looking
at both the existing ratio for Iowa City parkland per 1000 population, and by an
extensive comparison with similar ordinances from other communities, The existing
ratio for Iowa City parkland per 1000 population, excludinCl Hickory Hill park, is 6 acres
per 1000 population, More importantly, similar parkland dedication ordinances in
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other communities require parkland dedications ranging from 5 to 10 acres per 1000
population, Further, the actual dedication required by the entire Iowa City formula is
further tempered by a co-factor of ,65 (65% of the maximum density allowed by the
Zoning Chapter), representing the average development density occurring in Iowa City,
In sum, new development is actually being asked to meet a standard which is below
the current Iowa City parkland standard, This compromise, made in response to
homebuilders and developers, is intended to result in dedications which are beneficial
to both the neighborhoods of Iowa City and the development community, since the
lower required standard allows for flexibility in design (see discussions of "unity" and
"usability" below) and dedications which will result in tax benefits to the developer (See
City Attorney's Memorandum of October 24, 1994),
The definition of "unity" in the proposed ordinance actually allows more flexibility in
development design by allowing separate parcels of land to be dedicated when they are
better suited to serve the neighborhood's individualized needs, such as in the case of
separate green spaces interconnected by a trail system, Contrary to the assertions
contained in the National Homebuilders Association letter, we believe this flexibility to
be quite clear, and to actually better provide for the "individualized determination"
required by law for exactions of land, Lastly, any dedication of land or payment of fees
by a developer and accepted by the City "counts" toward the dedication requirement.
The Home Builders legal counsel apparently misunderstood the ordinance,
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In determining whether to require or allow fees in lieu of the dedication of land, the City
Council shall review each proposed subdivision plat or PDH plan for compliance with
the Neighborhood Open Space Ordinance on an individualized basis as well ason the
standard applied to all developers, This discretion is currently the case under the
subdivision approval process. Further, this type of "structure" allows for greater
flexibility through an individualized determination of impact, need and how to
accommodate the same. Lastly, we again wish to reiterate that any dedication or land
or payment of fees by a developer "counts" toward the dedication requirement.
With regard to the requirement of fees "upon a finding that the recreational needs of the
proposed subdivision can be met by other park, greenway, or recreational facilities
planned or constructed by the City within reasonable proximity to the subdivision.", we
define "reasonable proximity" as per the site Selection Criteria of the Neighborhood
Open Space section of the Comprehensive Plan to mean "generally within 1/2 mile of
most residences within a particular development." Additionally, pedestrian accessibility
by neighborhood residents is also a primary consideration, We believe these
limitations make it quite clear, and more importantly, legally defensible, that the
exaction of fees or land will be justified by the impact of the new development upon the
existing or planned facilities, Further, in this situation the fees and\or land collected
would be used to expand the existing or planned facilities to accommodate the
expanded use and demand created by the development. In sum, the goal of providing
neiqhborhood open space, not community wide open space, is paramount, and the
ordinance clearly states that any funds or land received is specifically for the
acquisition and provision of neighborhood open space.
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With regard to the City's use of funds and the determination that said use "will benefit
the residents of the' subdivision making the payment," we again point to the site
selection criteria outlined in the Neighborhood Open Space section of the
Comprehensive Plan, We believe the site selection criteria carefully outlines the
considerations and limitations imposed on the City's use of funds. In sum, many of the
comments made by the National Homebuilders Association are answered by the
Neighborhood Open Space Plan, which is both incorporated in and implemented by the
proposed Neighborhood Open Space Ordinance.
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Lastly, each and every aspect of the proposed ordinance has been carefully drafted
and reviewed in light of both existing and recent land use law, and we are confident that
this ordinance is legally sound and defensible.
We hope this information proves helpful in your consideration of the proposed
Neighborhood Open Space Ordinance,
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cc: Melody Rockwell
Karin Franklin
Marian Karr
Steve Atkins
Dale Helling
Terry Trueblood
Carol Godiksen, Home Builders Association of Iowa City
Don Robinson, Home Builders Association of Iowa City
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ORDINANCE NO. 94..J646
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AN ORDINANCE AMENDING CHAPTER 6 OF
THE CITY CODE OF THE CITY OF IOWA CITY,
IOWA, ENTITLED "ZONING," BY DEFINING
"FUNERAL HOME" AND INCLUDING
CREMATORIUMS AS AN ACCESSORY USE TO
A FUNERAL HOME,
WHEREAS, the Zoning Ordinance does not
presently contain a definition of a funeral
home; and
WHEREAS, the Zoning Ordinance currently
makes no mention of crematoriums; and
WHEREAS, The Planning and Zoning
Commission and the Department of Planning
and Community Development have determined
that the term "funeral home" should be defined
to include crematoriums as an accessory use to
funeral homes,
NOW, THEREFORE, BE IT ORDAINED BY
THE CiTY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
SECTION I. AMENDMENT, Title 14, Chapter 6,
Article B, Section 14-6B-2: entitled
"DEFINITIONS" of the Iowa City City Code, is
hereby amended by adding the following
definition:
FUNERAL HOME: an establishment for the
preparation of the deceased for burial, for the
viewing of the deceased and for conducting
funerals, Funeral' homes may include
crematoriums as an accessory use subject to
compliance with any state or federal regulation
and with any condition reasonably imposed by
the Board of Adjustment for the protection of
neighboring properties,
SECTION II. REPEALER, All ordinances and
parts of ordinances in conflict with the provi'
sions of this Ordinance are hereby repealed,
SECTION III. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconsti.
tutlonal.
SECTION IV. EFFECTIVE DATE, This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law,
Passed and approved this 8th day of
ovembe 199 -
AYOR
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; ';, i CITY CL 'RK
Approved b~
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Ci y Attorney's Office 9J<7jr;::"/,
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Ordinance No. 94-3646
Page ..1...-.
It was moved by Kubbv and seconded by 1'hrogmorton that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Baker
x Horowitz
x Kubby
x Lehman
11 Novick
x Pigott
x Throgmorton
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First Consideration 1 0/11/ 94
Vote for passage: AYES: Throgmorton, Baker, Horowitz, Kubby, Lehman,
Novick, Pigott. NAYS: None. ABSENT: None.
Second Consideration ln/?~/Qt.
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Vote for passage:AYES: Horowitz, Lehman, Novick, Pigott, Throgmorton,
Baker. NAYS: None. ABSENT: Kubby.
Date published 11/16/94
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ORDINANCE NO,
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CONDITIONALLY
CHANGING THE LAND USE REGULATIONS
OF APPROXIMATELY 5,52 ACRES OF LAND
LOCATED EAST OF WATERFRONT DRIVE
AND THE CRANDIC RAILROAD RIGHT-OF-
WAY, IOWA CITY, IOWA, FROM CI-1,
INTENSIVE COMMERCIAL, TO CC-2,
COMMUNITY COMMERCIAL,
WHEREAS, John and Frieda Rummelhart
and Boyd and Rummelhart, Inc" the Owners,
and Hy-Vee Food Stores, Inc" the Contract
Purchaser (hereinafter "applicant") have
requested that the City rezone 5,52 Acres of '
Land located east of Waterfront Drive and the
CRANDIC Railroad right-ot-way, Iowa City,
Iowa, from CI-1, Intensive Commercial, to CC-2,
Community Commercial; and
WHEREAS, the subject property is located
adjacent to an existing area of community
commercial development; and
WHEREAS, the City deems it appropriate to
expand the existing commercial area it concerns
regarding traffic improvements and adequate
infrastructure to accommodate community
commercial development are addressed and
provisions for the same are made; and
WHEREAS, the Planning and Zoning
Commission recommended approval of the
requested rezoning subject to conditions tor the
provision of adequate infrastructure and traffic
improvements; and
WHEREAS, Iowa law provides that the City
of Iowa City may impose reasonable conditions
on granting applicant's rezoning request, over
and above eXisting regulations, to satisfy public
needs directly caused by the requested change;
and ,
WHEREAS, the owners and applicant have
agreed to the terms and conditions contained in
the Conditional Zoning Agreement, attached
hereto and incorporated by this reference; and
WHEREAS, the owners and applicant
acknowledge that the terms and conditions
contained in the Conditional Zoning Agreement
are reasonable to impose on the land under
Iowa Code 9414,5(1993} and satisfy public
needs directly caused by the requested zoning
change,
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
SECTION L APPROVAL. Subject to the terms
and conditions of the attached Conditional
Zoning Agreement as authorized by 9414,5,
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Ordinance No,
Page 2
Code of Iowa (1993), the property legally
described below is hereby reclassified from its
present classification of CI-1, Intensive
Commercial, to CC-2, Community Commercial:
South Portion of Frieda & John
Rummelhart Tract: Commencing at a point
which is N87'29'40"E, 237.4 feet from the
Southwest Corner of the Southeast Quarter,
Section 15, Township 79 North, Range 6
West of the 5th P,M.; Thence N87a38'40"E,
715,05 feet along the South Line of said
Southeast quarter; Thence NOO'17'00"W,
363,30 feet; Thence S89a43'00"W, 166,00
feet; Thence NOO'17'00"W, 99.94 feet;
Thence S89'41'00"W, 230,37 feet to the
Point of Beginning; Thence SOO'17'00"E,
84,90 feet; Thence S89a41'00"W, 541,80
feet to a point 14,00 feet normaily distant
from the Centerline of an existing railroad
track; thence N03'51'00"W, 85,00 feet to a
point 14,00 feet normally distant from said
Centerline of railroad tracks; Thence
N89'41'00"E, 547,09 feet to the Point of
Beginning, subject to easements and
restrictions of record.
Former Lewis Tract: Commencing at
the Southwest Corner of the Southeast
Quarter of Section 15, Township 79 North,
Range 6 West of the Fifth Principal
Meridian; Thence N87'29'40"E along the
South Line of the Southwest Quarter of the
Southeast Quarter of said Section 15,237.4
feet to the POINT OF BEGINNING; Thence
N08'55'45"W, 60,00 feet; Thence
S87'29'40"W, 10.00 feet; Thence
N08'55'45"W, 112,00 feet; Thence
S87a29'40"W, 90.00 feet to a point on the
Easterly Right,of-Way Line of Wa'tertront
Drive; Thence N45a38'50"W along the
Easterly line of Waterfront Drive, 123,87
feet to a point on the East Right-of-Way line
of the C,R,1. & P.R.R,; Thence
N04aOO'10"W along said East Right-of-Way
line 152.44 feet; Thence N89'41'00"E,
542,14 feet to a point on the West Line of
Boyrum Subdivision Part 2, recorded in Plat
book 24 at Page 12 in the office of the
Johnson County Recorder; Thence
SOO'17'00"E along said West Line, 393,62
feet to the Southwest Corner of Lot 1 of
said Boyrum Subdivision, Part 2; Thence
S87a29'40"W along the North Line of Block
5, Braverman Center, Parts 1 and 2,
recorded in Plat Book 8 at Page 69 in the '
Office of the Johnson County Recorder,
318.68 feet to the Point of Beginning.
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Ordinance No,
Page 3
/
and
Commencing at a point on the east line
of the public highway known as the Wapello
Road, said point being 137.4 feet east and
112 feet northerly measured along the east
line of said road from the Southwest corner
of the Southeast Quarter of Section 15,
Township 79 North, Range 6 West of the
5th P,M" thence east parallel with the South
line of Section 15, 90 feet, thence in a
northerly direction parallel with the East line
of said Wapello Road, 60 feet, thence West
parallel with the South line of said Section
15, 90 feet to the East line of said Wapello
Road, thence in a Southerly direction along
the East line of said road 60 feet to the
place of beginning,
Former Baculis Tracts: Commencing at
a point on the east line of the public
highway known as the Wapello Road, said
point, being 137.4 feet east and 60 feet
northerly measured along the east line of
said road, from the southwest corner of the
southeast quarter of Section 15, Township
79 North, Range 6 West of the 5th P,M"
running thence northerly along the east line
of said Wapello Road, 52 feet, thence east
parallel with the south line of said Section
15, 90 feet, thence southerly parallel with
the east line of said Wapello Road, 52 feet,
thence westerly to the point of beginning.
and
Commencing at a point on the south line
of section fifteen (15) in township seventy-
nine (79) north, range six (6) west of the 5th
P,M" said point being on the east side of
the public highway known as the Wapello
Road and being 137.4 feet east of the
southwest corner of the southeast quarter of
said section 15, (said corner being marked
by a stone), thence east along the south
line of said section 100 feet, thence in a
northwesterly direction parallel with the east
line of said Wapello Road, 60 feet, thence
west 100 feet to the east line of said
Wapello Road, thence In a southeasterly
direction along the east line of said Wapello
Road 60 feet, more or less, to the point of
beginning,
SECTION II. ZONING MAP, The Building
Inspector is hereby authorized and directed to
change the zoning map of the City of Iowa City,
Iowa, to conform to this amendment upon the
final passage, approval and publication of this
Ordinance as provided by law,
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Ordinance No,
Page 4
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SECTION III. CONDITIONAL ZONING
AGREEMENT, CERTIFICATION AND
RECORDING, The Mayor is hereby authorized
and directed to sign, and the City Clerk to attest,
the attached Conditional Zoning Agreement
between the City of Iowa City, the Owner and
the Applicant. The City Clerk is further
authorized and directed to certify a copy of this
Ordinance and the Conditional Zoning
Agreement which shall be recorded by the
applicant at the Office of the County Recorder of
Johnson County, Iowa, upon final passage and
publication as provided by law,
SECTION IV, REPEALER. All ordinances and
parts of ordinances in conflict with the provision
of this Ordinance are hereby repealed,
SECTION V, SEVERABILl1Y.lf any section,
provision or part of this Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or
unconstitutional.
SECTION VI. EFFECTIVE DATE, This
Ordinance shall be in effect after its final
passage, approval and publication, as required
by law,
Passed and approved this
MAYOR
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CllY CLERK
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CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corpora-
tion (hereinafter "City"), John and Frieda Rummelhart and Boyd and Rummelhart, Inc,
(hereinafter "Owners") and Hy-Vee Food Stores, Inc. (hereinafter "Applicant").
WHEREAS, Applicant has contracted to purchase approximately 5,52 acres of land located
east of Waterfront Drive and the CRANDIC Railroad right-of-way, Iowa City, Iowa; and
WHEREAS, Applicant, as contract purchaser, and Owners, as legal title holder, have requested
the City rezone the 5,52 acres of land located east of Waterfront Drive and the CRANDIC
Railroad right-of-way, from CI-1, Intensive Commercial, to CC-2, Community Commercial; and
WHEREAS, Iowa Code ~ 414,5 (1993) provides that the City of Iowa City may impose
reasonable conditions on granting the rezoning request, over and above existing regulations,
to satisfy public needs directly caused by the requested change; and
WHEREAS, Owners and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure appropriate commercial development and ensure adequate traffic
circulation and adequate public infrastructure to accommodate community commercial
development.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Applicant
and Owners agree as follows:
1, John and Frieda Rummelhart and Boyd and Rummelhart, Inc. are the owners and legal
title holders of the property located east of Waterfront Drive and the CRANDIC Railroad
right-of-way, legally described as follows:
A.
South Portion of Frieda & John Rummelhart Tract: Commencing at a
point which is N87029' 40"E, 237.4 feet from the Southwest Corner of
the Southeast Quarter, Section 15, Township 79 North, Range 6 West
of the 5th P.M.; Thence N87038'40"E, 715.05 feet along the South
Line of said Southeast quarter; Thence NOOo 17'OO"W, 363,30 feet;
Thence S89043'00"W, 166,00 feet; Thence NOOo 17'00"W, 99.94
feet; Thence S89041'OO"W, 230.37 feet to the Point of Beginning;
Thence SOOo 17'00"E, 84.90 feet; Thence S89041 'OO"W, 541.80 feet
to a point 14,00 feet normally distant from the Centerline of an existing
railroad track; thence N03051'00"W, 85,00 feetto a point 14,00 feet
normally distant from said Centerline of railroad tracks; Thence
N89041 'OO"E, 547,09 feet to the Point of Beginning, subject to
easements and restrictions of record.
B.
Former Lewis Tract: Commencing at the Southwest Corner of the
Southeast Quarter of Section 15, Township 79 North, Range 6 West of
the Fifth Principal Meridian; Thence N87029'40"E along the South Line
of the Southwest Quarter of the Southeast Quarter of said Section 15,
237.4 feet to the POINT OF BEGINNING; Thence N08055'45"W, 60.00
feet; Thence S87029'40"W, 1 0,00 feet; Thence N08055'45"W,
112,00 feet; Thence S870 29' 40"W, 90,00 feet to a point on the
Easterly Right-of-Way Line of Waterfront Drive; Thence N45038'50"W
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along the Easterly line of Waterfront Drive, 123.87 feet to a point on the
East Right-of-Way line of the C.R,I. &P,R.R,; Thence N04000'10"W
along said East Right-of-Way line 152.44 feet; Thence N89041 'OO"E,
542.14 feet to a point on the West Line of Boyrum Subdivision Part 2,
recorded in Plat book 24 at Page 12 in the office of the Johnson County
Recorder; Thence SOOo 17'00"E along said West Line, 393,62 feet to
the Southwest Corner of Lot 1 of said Boyrum Subdivision, Part 2;
Thence S87029'40"W along the North Line of Block 5, Braverman
Center, Parts 1 and 2, recorded in Plat Book 8 at Page 69 in the Office
of the Johnson County Recorder, 318,68 feet to the Point of Beginning,
and
Commencing at a point on the east line of the public highway known as
the Wapello Road, said point being 137.4 feet east and 112 feet
northerly measured along the east line of said road from the Southwest
corner of the Southeast Quarter of Section 15, Township 79 North,
Range 6 West of the 5th P.M" thence east parallel with the South line
of Section 15, 90 feet, thence in a northerly direction parallel with the
East line of said Wapello Road, 60 feet, thence West parallel with the
South line of said Section 15, 90 feet to the East line of said Wapello
Road, thence in a Southerly direction along the East line of said road 60
feet to the place of beginning,
C. Former Baculis Tracts: Commencing at a point on the east line of the
public highway known as the Wapello Road, said point, being 137.4feet
east and 60 feet northerly measured along the east line of said road,
from the southwest corner of the southeast quarter of Section 15,
Township 79 North, Range 6 West of the 5th P,M., running thence
northerly along the east line of said Wapello Road, 52 feet, thence east
parallel with the south line of said Section 15, 90 feet, thence southerly
parallel with the east line of said Wapello Road, 52 feet, thence westerly
to the point of beginning,
and
Commencing at a point on the south line of section fifteen (15) in
township seventy-nine (79) north, range six (6) west of the 5th P.M"
said point being on the east side of the public highway known as the
Wapello Road and being 137.4 feet east of the southwest corner of the
southeast quarter of said section 15, (said corner being marked by a
stone), thence east along the south line of said section 100 feet, thence
in a northwesterly direction parallel with the east line of said Wapello
Road, 60 feet, thence west 100 feet to tho east line of said Wapello
Road, thence in a southeasterly direction along the east line of said
Wapello Road 60 feet, more or less, to the point of beginning.
Applicant and Owners acknowledge that the City wishes to ensure appropriate com-
mercial development and adequate traffic circulation, and therefore, agree to certain
conditions over and above City regulations to ensure that the area contains adequate
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public infrastructure and traffic improvements to accommodate community commercial
development.
3, In consideration of the City's rezoning the subject property from CI-1, Intensive
Commercial, to CC-2, Community Commercial, the Owners and Applicant agree that
development and use of the subject property will conform to the requirements of the
CC-2 Zone, as well as the following additional conditions:
a, Waterfront Drive will be reconfigured and Stevens Drive will be extended across
the railroad to provide access to the property from the west, in accord with
plans and specifications approved by the Iowa City Public Works Department,
and the applicant will be responsible for the cost of the Stevens Drive railroad
crossing improvements in conformance with said plans. This crossing is to be
a public right-of-way. The City agrees to make a good faith effort to secure all
necessary permits and authorizations for construction and operation of same,
b. The Director of Planning and Community Development will approve a concept
plan for site layout and landscaping; including driveway locations, landscape,
islands, and plantings for the separation of the loading dock/service area from
any public or employee parking areas,
c,
The applicant will be responsible for the relocation of the sanitary sewer line (if
a building is sited over or within 10 feet of same) which currently crosses this
property, in accord with plans and specifications approved by the Iowa City
Public Works Department.
d,
The applicant will contribute to the cost of improving Waterfront Drive to the
south of the site, in accord with plans and specifications prepared by the Iowa
City Public Works Department at either 50% of the total cost, or $60,000,
whichever is less, It is understood that storm water from the rezoned parcel
can be discharged into these improvements.
e.
The City agrees to initiate the vacation of a section of existing Waterfront Drive
to eliminate a through public street and its associated liabilities. The applicant
and owner will have the right of first refusal to purchase the vacated right-of-
way and adjacent City property for cash or other valuable consideration as
approved by the City Council,
Applicant and Owners acknowledge that the conditions contained herein are reason-
able conditions to impose on the land under Iowa Code ~ 414.5 (1993), and that said
conditions satisfy public needs which are directly caused by the requested zoning
change,
5,
Applicant and Owners acknowledge that in the event the subject property is trans-
ferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms
of this Agreement.
6,
The Parties acknowledge that this Agreement shall be deemed to be a covenant
running with the land and with title to the land, and shall remain in full force and effect
as a covenant running with the title to the land unless or until released of record by the
.
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City, The Parties further acknowledge that this Agreement shall inure to the benefit
of and bind all successors, representatives and assigns of the Parties.
7. The Applicant and Owners acknowledge that nothing in this Agreement shall be
construed to relieve the Applicant from complying with all applicable local, 'state and
federal regulations,
8.
The Parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the Ordinance rezoning the subject property; and that upon adoption and
publication of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorder' s Office.
i,
Dated this
day of
/1994,
CITY OF IOWA CITY,IOWA
By:
Susan M. Horowitz, Mayor
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By:
Marian K. Karr, City Clerk
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STATE OF IOWA )
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JOHNSON COUNTY I
On this J ~ay ofDJ.cb e.,., 1994, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared John Rummelhart and Frieda Rummelhart, husband
and wife, to me personally known to be the identical persons named herein, and who, being
by me duly sworn, did say that they have read and fully understand the foregoing instrument,
and that they have executed the same theifvoluntary act and deed.
he State of Iowa
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LARRY R. SCIINITTJER
II' COMMISSCOI ElPlRl'
AUGUST ZI. 1911
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STATE OF IOWA )
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JOHNSON COUNTY)
On this l ~ay of O~~ t.-- , 1994, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared .\~ Yl1,lM\i'Nllu",~ Jlk-to
me personally known, who being by me duly sworn did say that he\she is thel>,.Q~I~ ,
of the corporation executing the within and foregoing instrument, that no seal has been
procured by the corporation; that said instru~ent was signed on behalf of the corporation by
authority of its Board of Directors; and that .i!\lU\)lJ.MlIMl.li\Aw\-~ll..-8S officer acknowledged
the execution of the foregoing instrument to be the voluntary act and deed of the corporation,
by it and by him\her voluntarily execute ,
r the State of Iowa
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LARllY n. SCH!!lTTJE!\
II' COllMIUlOI Exm,
AUGUST ZI. 1881
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STATE OF ':j:..Ov.l~)
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COUNTY )
On this ~ day of r\:,~ r , 1994, be e me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeare
me personally known, who being by me duly sworn did say that he\~ is the ' e9+
of the corporation executing the within and foregoing instr~ent~ tRit RQ ~8al hila bl!;,,"
~e8\jr8El BY the eeF~8ratiel'l; that said instruDt was ~ecrori"'~rihalf of the corporation by
authority of its Board of Directors; and that I'\ri~ 5,~1\ h!.l':' as officer acknowledged
the execution of the foregoing instrument to be the voluntary act and deed of the corporation,
by it and by himi1ml;, volunt rily executed,
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MATlNA 0, ANDERSON
MY '''~J1~PIRES
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STATE OF IOWA )
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JOHNSON COUNTY)
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On this day of , 1994, before me,
, a Notary Public in and for the State of Iowa, personally
appeared Susan M. Horowitz and Marian K, Karr, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on be,half of the corporation,
by authority of its City Council, as contained in Ordinance No, passed by the
City Council on the day of , 1994, and that Susan M.
Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed,
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Notary Public in and for the State of Iowa
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ORDINANCE NO,
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ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES,"
CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
PENALTIES" OF THE CITY CODE, TO INCREASE WATER AND WASTEWATER
SERVICE CHARGES AND FEES IN IOWA CITY, IOWA.
WHEREAS, pursuant to chapter 384, Code of Iowa (1993), the City of Iowa City is authorized to
establish and provide for the collection of rates to pay for the City's utility systems, including the City's
water and wastewater treatment facility systems; and
WHEREAS, water and wastewater rates, which were last increased in 1991, are proposed to be
increased to generate adequate revenues to pay the costs of operation, maintenance, necessary
expansion and debt service for the City's wastewater treatment facilities, as well as its potable water
supply and treatment facilities; and
WHEREAS, the City of Iowa City is required to comply with federal safe drinking water standards, and
is planning to construct a new water supply and treatment facility; and
WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards,
and is planning to make improvements to double the treatment capacity of the existing South
Wastewater Treatment Plant, and to construct a sanitary sewer line to connect the two wastewater
treatment plants; and
WHEREAS, water and wastewater rates for fees and charges will fund these projects over time; and
(@
WHEREAS, the Iowa City City Council proposes to increase water user fees by 40% for billings on or
after, February 1, 1995 and 75% for billings on or after February 1, 1996 to finance for the necessary
improvements; and
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WHEREAS, the Iowa City City Council proposes to increase wastewater user fees by 35% for billings
on or after February 1, 1995 and 40% for billings on or after February 1, 1996 to finance for the
necessary improvements,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
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SECTION I. AMENDMENT, Title 3, Chapter 4, Section 3, entitled "Potable Water Use and Service,"
of the City Code is hereby amended by:
a, Repealing in its entirety, the subsection entitled "Meter Deposit" in section 3-4,3,
b, Repealing the subsection entitled "Single-Purpose Meter Fee" in Section 3.4,3 and adding a new
section entitled "Single-Purpose Meter Fee" to read as follows:
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Meter Size
finches)
Deposit
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$ 65,00
93.00
124,00
265,00
364,00
1,331,00
2,583,00
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Ordinance No,
Page 2
c. Repealing the subsection entitled "Water Service Charges" in Section 3,4-3 and adding a new
section entitled "Water Services Charges" to read as follows:
Water Service Charges (14,3A-4) Meter Size February 1, 1995 February 1. 1996
(Inches) CharQe CharQe '
Minimum monthly user charges % $ 7.42 $ 13,00
for water service for the first 200 * 8.12 14,20
feet or less of water used, based 1 9,60 16.80
on meter size 1% 19,10 33,42
-I 2 25,70 44,98
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4 82.80 144,90
6, 166.66 291,66
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The minimum charges for larger meters will be based on comparative costs to a 6" meter, The
minimum monthly charge for an account holder who furnishes and maintains the meter at the account
holder's cost will be based on the minimum for a %" meter, regardless of the size.
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There will be no minimum monthly charge for a single-purpose water meter from November to March
for those months during which no water is used,
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Monthly user charges for water in
excess of 200 cu, ft, per month for
dual purpose water meters
Month/y
Usage
ICu, Ft,)
Next 2,800
February 1, 1995
Charae
$1.54
February 1, 1996
CharQe
$2,70
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Over 20,000
1,10
1,10
1.94
1,94
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Single'purpose meter charges for water
in excess of 200 cu, ft. per month
Month/y
Usage
ICu, Ft.)
Over 200
February 1, 1995
Chame
$1,54
February 1, 1996
CharQe
$2.70
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Discount for combined accounts enrolled in
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Ordinance No,
Page 3
d, Repealing the subsection entitied "Direct Purchase of Water Fee, Per 200 Gallons or Fraction
Thereof" in Section 3,4.3 and adding a new subsection entitled "Direct Purchase of Water Fee,
Per 200 Gallons or Fraction Thereof", to read as follows:
Direct Purchase of Water Fee, Per 200 Gallons or 1,00
Fraction Thereof (14.3A,4C)
e, Repealing the subsection entitled "Delinquent Water Service Account Fee in Section 3,4.3 and
adding a new subsection entitled "Delinquent Water Service Account Fee" to read as follows:
Delinquent Water Service Account Fee (14.3A,7)
5.00 for each water service
account not paid within 30
days of billing date, Fee is
waived for first occurrence in
each calendar year
f. Repealing the subsection entitled "Installation and Connection Fees portion of Fees and Charges
for Various Consumer Services" in Section 3.4,3 and adding a new subsection entitled
"Installation and Connection Fees portion of Fees and Charges for Various Consumer Services"
to read as follows:
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Installation and Connection Fees
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Size (Inches)
6
8
10
12
16
Cost (Per Linear Foot) ,
$18,00
20.00
24,00
29,70
39,40
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3,4.3 by adding a new subsection entitled "Fees and Charges for Various Consumer Services"
to read as follows:
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Extension of Maior Feeder Lines (Oversizinq)
Cost is $354.00Iacre
h, Repealing the subsection entitled "Service Fees portion of Fees and Charges for Various
Consumer Services" in Section 3.4.3 and adding a new subsection entitled "Service Fees portion
of Fees and Charges for Various Consumer Services" to read as follows:
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Ordinance No.
Page 4
Re90nnection of discontinued
service
Inspection and removal fee for
disconnecting and removing a
single-purpose water meter
Service for resetting or reading
water meter or for re-starting
service
Posting fee for shutting off water
in collection procedure
Check leaky water meters
Frozen water meters
Shut,off of water service at curb
and check for exterior leaks
Broken hydrant
Location of water main for other
utilities
Location of City owned water main
for private enterprise
Water meter accuracy at
consumer's request
Annual fire hydrant fee for inspec-
tion and operation of fire hydrants
which are privately owned or
owned by other governmental
agencies
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Service Fees
Fee During Normal
Working Hours
$15,00
$25,00
$15.00
$15.00
, No charge
$15,00, plus cost of
meter repair
No charge
Repair cost
No charge
No charge
$35,00
If meter is found to be
recording accurately
$50,00
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Working Hours
$30,00
Not done after normal
working hours
$30,00
Not done after normal
working hours
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$30,00, plus cost of
meter repair
$30,00, plus hourly rate
for time over 2 hours
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No charge
$30.00, plus hourly rate
for time over 2 hours
Not done after normal
working hours
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working hours
If service is requested outside normal working hours, a $30,00 after-hour fee shall be charged in
addition to the normal working hour fee. In addition, when service time after hours exceeds 2 hours,
an additional charge will be added to cover equipment expense and actual employee wages, including
overtime, The Water Service Division's normal working hours are 8:00 A,M, to 4:30 P,M. daily,
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Ordinance No,
Page 5
Title 3, Chapter 4, Section 4, entitled "Wastewater Treatment Works User Charges," of the City Code
should be and is hereby amended by repealing Section 3,4-4 and enacting in lieu thereof a new section
3,4,4 entitled "Wastewater Treatment Works User Charges" to read as follows:
3,4-4: WASTEWATER TREATMENT WORKS USER CHARGES:
Sanitary Sewer Service Charges; Amount of Fee, City Code
Description of Fee, Charge, Bond, Charge, Bond, Chapte., Article or
Fine or Penalty Fine or Penalty Section Reference
Minimum Monthly Charge (Includes the First $ 8,50 2,1,95 14,3A,4
200 Cu, Ft. of Water Used) 11.90 2,1-96
Monthly Charge for Each Additional 1 00 Cu, Ft. 2,08 2,1,95 14,3A,4
of Water Used 2,90 2,1,96
Monthly Surcharge
BOD (per pound) ,18 2,1,95 14,3A,4
,25 2-1,96
SS (per pound) ,13 2,1,95 14,3A,4
,18 2,1-96
Monthly Minimum, Unmetered User 19,18 2,1,95 14-3A,4
26,85 2+96
Manufactured Housing Park, Monthly Minimum 19.18 2,1,95 14,3A-4
Per Lot 26,85 2,1-196
Delinquent Sanitary Sewer Service Account Fee $5,00 for each 14,3A,7
water service
account not
paid within 30
days of billing
date. Fee is
waived for first
occurrence in
each calendar
year
Deposit Fee for Combined City Water and/or Sani- 14-3A,7
tary Sewer and/or Solid Waste Collection Accounts
Residential account, per combined residential $ 75,00
service for City water and/or sanitary sewer
and/or solid waste collection service
Residential tenant account, per combined resi- $100,00
dential service for City water and/or sanitary
sewer and/or solid waste collection service
Delinquency Deposit Fee for Combined City Water An amount 14,3A-5
and/or Sanitary Sewer and/or Solid Waste Collec, equal to the
tion Accounts average 2
month billing
for the delin'
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Ordinance No.
Page 6
SECTION II, REPEALER, All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed,
SECTION III. SEVERABILITY, If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged Invalid or unconstitutional.
SECTION IV, EFFECTIVE DATE, This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law, on or after February 1, 1995,
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
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ORDINANCE NO, 94-%47
AN ORDINANCE AMENDING TITLE 2,
ENTITLED "HUMAN RIGHTS" OF THE CODE
OF ORDINANCES OF THE CITY OF IOWA
CITY, TO REPEAL THE TITLE AND ADOPT A
NEW TITLE TO BE KNOWN AS "IOWA CITY
HUMAN RIGHTS ORDINANCE",
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BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION 1. That Title 2, "Human Rights" of
the Code of Ordinances of the City of Iowa
City, Iowa, be amended by repealing Title 2,
and adopting in lieu thereof a new Title to be
codified the same and to read as follows:
ARTICLE I. IN GENERAL
See, 2-1. Definitions,
As used in this chapter, the following
terms shall have the meanings indicated:
AQe means chronological age of any
person who has reached the age of eighteen
(1 Bl or is considered by law to be an adult.
Citv attorney means the duly appointed
attorney for the city or such person designated
by the city attorney,
Commission means the Iowa City Human
Rights Commission,
Complainant means a person who has
filed a report of discrimination as provided for
by this chapter,
Complaint means a report of
discrimination as provided for by this chapter.
Conciliation team means a team of two
(2) or more members of the Commission
appointed to' conciliate cases in which a
determination of probable cause has been
made,
Court means the Johnson County district
court for the State of Iowa,
Credit transaction means any open or
closed end credit transaction including but not
limited to a loan, retail installment transaction,
credit card issue or charge, and whether for
personal or for business purposes, in which a
service, finance or interest charge is imposed,
or which provides for repayment in schoduled
payments, when such credit is extended in the
regular course of any trade or commerce.
Dependent means any person, regardless
of age, who resides in a household and who
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Ordinance No. 94- 364 7
Page 2
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derives primary care or support from that
household.
Disabilitv means:
(1) The physical or mental impairment of a
person which substantially limits one or
more of such person's major life
activities, and the condition of a person
with a positive human immunodeficiency
virus test result, a diagnosis of acquired
immune deficiency syndrome, a
diagnosis of acquired immune deficiency
syndrome,related complex, or any other
condition related to acquired immune
deficiency syndrome, The inclusion of a
condition related to a positive human
immunodeficiency virus test result in the
meaning of "disability" under the
provisions of this chapter does not
preclude the application of the provisions
of this chapter to conditions resulting
from other contagious or infectious
diseases;
(2) A record of having such an impairment;
(3) Being regarded as having such an
impairment. "Disability" does not include
current, illegal use of or addiction to a
controlled substance as defined by
Chapter 204 of the Iowa Code,
Elderlv means any person who has
attained the age of fifty-five (55) years.
Emplovee means any person who works
for wages, salary, or commission or any
combination thereof, and persons who are
seeking or applying for employment.
Emplover includes all entities, wherever
situated, who employ one or more employees
within the city, or who solicit individuals within
the city to apply for employment within the city
or elsewhere, The term includes the city itself,
and all other political subdivisions, public
corporations, governmental units conducting
any activity within the city, and public agencies
or corporations,
Emplovment aQencv means any person
undertaking to procure employees or
opportunities to work for any other person,
Familial status means one or more
individuals under the age of eighteen (1 Bl
domiciled with one of the following:
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Ordinance No.
Page 3
94-3647
(1) A parent or another person having legal
custody of the individual or individuals,
(2) The designee of the parent or the other
person having custody of the individual
or individuals, with the written
permission of the parent or other person,
(3) A person who is pregnant or is in the
process of securing legal custody of the
individual or individuals,
Familv for purposes of this chapter
includes a single individual, and includes
persons who are registered as domestic
partners and who are eligible to obtain a
certified statement of the domestic partnership
from the City Clerk, as provided in Article VI of
this chapter.
HousinQ accommodation means any
improved or unimproved real estate which is
used or intended for use as a residence or
sleeping place for one or more persons,
Housinq transaction means the sale,
exchanger rental or lease of real property or
housing accommodation and the offer to sell,
exchanger rent or lease real property,
Investiqator means a person appointed by
the city manager with the consultation of the
commission, to investigate complaints filed
under this chapter,
Labor orqanization means any
organization which exists for the purpose in
whole or in part of collective bargaining, of
dealing with employers concerning grievances,
terms, or conditions of employment, or of other
mutual aid or protection in connection with
employment,
Marital status means the state of being
married, single, divorced, separated or
widowed,
Person means one or more individuals,
partnerships, associations, corporations, legal
representatives, trustees, receivers, the city or
any board, commisslon, department or agency
thereof, and all other governmental units
conducting any activity in the city.
Public accommodation means each and
every place, establlshment, or facility of
whatever klnd, nature, or class that caters or
offers services, facillties, or goods to the
general public for a fee or charge. Each and
every placer establishment, or facility that
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Ordinance No, 94- 364 7
Page 4
caters or offers services, facilities, or goods to
the general public gratuitously shall be deemed
a public accommodation if the accommodation
receives any substantial governmental support
or subsidy. Public accommodation shall not
mean any bona fide private club or other place,
establishment, or facility which is by its nature
distinctly private, except that, when such
distinctly private place, establishment, or
facility caters or offers services, facilities, or
goods to the general public for a fee or charge
or gratuitously, it shall be deemed a public
accommodation during such period,
Public assistance source of income
means income and support derived from any
tax-supported federal, state or local funds,
including but not limited to social security,
supplemental security income, aid to families
with dependent children, food stamps, rent
subsidies, and unemployment compensation,
Resoondent means a person who is
alleged to have committed an act prohibited by
this chapter, against whom a complaint has
been filed under this chapter,
Sexual harassment is a form of sex
discrimination, Sexual harassment may take
the form of deliberate or repeated comments,
questions, representations or physical contacts
of a sexual nature which are unwelcome to the
recipient. Sexual harassment may also take the
form of conduct that has the purpose or effect
of creating an intimidating, hostile, or offensive
environment,
Sexual orientation means the status of
preferring a relationship of affection or a sexual
relationship with a consenting adult of the
same sex, or with a consenting adult of the
opposite sex,
State, state oartv, end state oarties as
used in the Preamble and Part I of the
International Convention on the Eliminetion of
All Forms of Racial Discrimination (1966) shall
mean the City of Iowa City, Iowa.
Sec. 2.2, Purpose.
It is the purpose of this chapter to
protect citizens of the city against
discrimination as defined in this chapter.
Moreover, this chapter provides for execution
within the city of the policies of the Iowa Civil
Rights Act of 1965, the Federal Civil Rights
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Ordinance No, 94-3647
Page 5
Acts, the Preamble and Part I (Articles 1-71 of
the International Convention on the Elimination
of All Forms of Racial Discrimination (1966),
and the promotion of cooperation between the
city, state and federal agencies which are
charged, presently and in the future, with
enforcing these acts and instruments,
See, 2-3. Construction.
This chapter shall be construed broadly
to effectuate its purpose, and shall be enforced
by the Iowa City Human Rights Commission
consistent with the intent, language, and spirit
of the Preamble and Part I (Articles 1,71 of the
International Convention on the Elimination of
All Forms of Racial Discrimination (1966).
However, the construction and enforcement of
the Preamble and Part I of said International
Convention shall in no event operate to
diminish protection that otherwise exist under
this chapter, the Iowa Civil Rights Act, the
Federal Civil Rights Acts, or the Constitution of
the State of Iowa or the Constitution of the
United States of America.
Secs, 2,4 ' 2-15, Reserved,
ARTICLE II. COMMISSION
Sec. 2-16. Commission established;
general duties,
There is hereby established the Iowa City
Human Rights Commission whose duty shall be
to disseminate information and provide the
mediation, conciliation and enforcement
necessary to further the goals of this chapter
and to protect citizens from unfounded charges
of discriminatory practices,
Sec. 2-17, Powers.
The commission created by this article
shall have the following powers:
( 11 To receive, investigate and determine the
merits of complaints alleging unfair or
discriminatory practices.
(21 To investigate and study the existence,
character, causes, and extent of
discrimination in the areas covered by
this chapter, and to eliminate
discrimination by education, conciliation,
and enforcement where necessary,
(31 To Issue publications and reports of the
research and Investigations of the
commission subject to the limitations of
confidentiality.
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Ordinance No, 94- 364 7
Page 6
(4) To prepare and transmit to the city
council from time to time, but not less
often than once each year, reports
describing the proceedings,
investigations, hearings, decisions and
other work performed by the
commission,
(5) To make recommendations to the city
council for such further legislation
concerning discrimination as it may deem
necessary and desirable,
(6) To cooperate, within the limits of any
appropriations made for its operation,
with other agencies or organizations,
both public and private, whose purposes
are not inconsistent with those of this
chapter, and in the planning and
conducting of programs designed to
eliminate racial, religious, cultural and
other intergroup tensions,
(71 To adopt guidelines by which to
determine whether any conduct,
behavior, or action may properly be
deemed a discriminatory practice,
(81 To make recommendations to the city
manager and city council regarding the
affirmative action program of the city
and to offer assistance to city
departments to ensure fair employment
procedures and the provision of city
services without bias.
(9) To seek a temporary injunction against a
respondent when it appears that a
complainant may suffer Irreparable injury
as a result of an alleged violation of this
chapter. A temporary injunction may
only be issued ex parte if the complaint
filed with the commission alleges
discrimination in housing, In all other
cases, a temporary injunction may be
issued only after the respondent has
been notified and afforded the
opportunity to be heard,
(101 To issue subpoenas and order discovery
as provided by this section In aid of
Investigations and hearing of alleged
unfair or discriminatory housing or real
property practices. The subpoenas and
discovery may be ordered to tha same
extent and are subject to the same
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Ordinance No. 94- 364 7
Page 7
limitations as subpoenas and discovery in
a civil action in district court.
Sec. 2-18, Structure.
The commission shall consist of nine (9)
members, appointed by vote of the city
council, Appointees shall serve for a term of
three (3) years and thereafter until a successor
has been appointed, Vacancies shall be filled
for the remainder of the unexpired term.
Appointments shall take into consideration men
and women of the various racial, religious,
cuitural, social and economic groups in the city,
Sec. 2.19. Records to be public;
exceptions,
(a) All records of the commission shall be
public except:
(1) Complaints of discrimination,
reports of investigations,
statements and other documents or
records obtained in the
investigation of any charge shall be
closed records unless a public
hearing is held,
(2) The minutes of any session which
is closed under the provisions of
this chapter shall be closed records,
(b) No member of the commission or of its
staff shall disclose the filing of a charge,
the information gathered during the
investigation, or the endeavors to
eliminate such discriminatory or unfair
practice by conference, conciliation, or
persuasion, except as may be necessary
to conduct an investigation of a
complaint. Nothing in this section shall
prevent the commission from releasing
such information concerning alleged or
acknowledged discriminatory practices to
the state civil rights commission, the
United States Civil Rights Commission,
the Federal Equal Employment
Opportunity Commission, and other
agencies or organizations whose primary
purpose is the enforcement of civil rights
legislation, This section does not
prevent any complainant, witness or
other person from publicizing the filing of
a complaint or the matter therein
complained of. Violation of these
provisions by a member of the
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Ordinance No, 94- 364 7
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commission or its staff shall constitute
grounds for removal.
Secs, 2,20 ' 2,30. Reserved,
ARTICLE III, DISCRIMINATORY PRACTICES
Sec. 2-31. Employment; exceptions.
(a) It shall be unlawful for any employer to
refuse to hire, accept, register, classify,
upgrade or refer for employment, or to
otherwise discriminate in employment
against any other person or to discharge
any employee because of age, color,
creed, disability, marital status, national
origin, race, religion, sex, or sexual
orientation.
(bl It shall be unlawfui for any labor
organization to refuse to admit to
membership, apprenticeship or training
an applicant, to expel any member, or to
otherwise discriminate against any
applicant for membership, apprenticeship
or training or any member in the
privileges, rights, or benefits of such
membership, apprenticeship or training
because of age, color, creed, disability,
marital status, national origin, race,
religious, sex, or sexual orientation of
such applicant or member.
(c) It shall be unlawful for any employer,
employment agency, labor organization,
or the employees or members thereof to
directly or indirectly advertise or in any
other manner indicate or publicize that
individuals are unwelcome, objectionable,
or not solicited for employment or
membership because of age, color,
creed, disability, marital status, national
origin, race, religion, sex, or sexual
orientation,
(dl Employment policies relating to
pregnancy and childbirth shall be
governed by the following:
(1) A written or unwritten employment
policy or practice which excludes
from employment applicants or
employees because of tha
employee's pregnancy Is a prima
facie violation of this chapter,
(2) Disabilities caused or contributed to
by the employee's pregnancy,
miscarriage, childbirth, and
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Ordinance No, 94-3647
Page 9
recovery therefrom are, for all job,
related purposes, temporary
disabilities and shall be treated as
such under any health or temporary
disability insurance or sick leave
plan available in connection with
employment, or any written or
unwritten employment policies and
practices involving terms and
conditions of employment as
applied to other temporary
disabilities,
(e) It shall be unlawful for any person to
solicit or require as a condition of
employment of any employee or
prospective employee a test for the
presence of the antibody to the human
immunodeficiency virus, An agreement
between an employer, employment
agency, labor organization, or their
employees, agents, or members and an
employee or prospective employee
concerning employment, pay, or benefits
to an employee or prospective employee
in return for taking a test for the
presence of the antibody to the human
immunodeficiency virus, is prohibited,
The prohibitions of this paragraph do not
apply if the state epidemiologist
determines and the director of public
health declares through the utilization of
guidelines established by the Center for
Disease Control of the United States
Department of Health and Human
Services, that a person with a condition
related to acquired immune deficiency
syndrome poses a significant risk of
transmission of the human
immunodeficiency virus to other persons
In a specific occupation.
(fl The following are exempted from the
provisions of this section:
(11 Any bona fide religious Institution
or its educational facility,
association, corporation or society
with respect to any qualifications
for employment based on religion
when such qualifications are releted
to a bona fide religious purpose, A
religious qualification for
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Ordinance No,
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94-3647
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instructional personnel or an
administrative officer, serving in a
supervisory capacity of a bona fide
religious educational facility or
religious institution shall be
presumed to be a bona fide
occupational qualification.
(2) An employer or employment
agency which chooses to offer
employment or advertise for
employment to only the disabled or
elderly, Any such employment or
offer of employment shall not
discriminate among the disabled or
elderly on the basis of age, color,
creed, disability, marital status,
national origin, race, religion, sex,
or sexual orientation,
(3) The employment of individuals for
work within the home of the
employer if the employer or
members of the family reside
therein during such employment.
(4) The employment of individuals to
render personal service to the
person of the employer or members
of the employer's family,
To employ on the basis of sex in
those certain instances where sex
is a bona fide occupational
qualification reasonably necessary
to the normal operation of a
particular business or enterprise,
The bona fide occupational
qualification shall be Interpreted
narrowly,
A state or federal program
designed to benefit a specific age
classification which serves a bona
fide public purpose,
(71 To employ on the basis of disability
in those certain instances where
presence of disability is a bona fide
occupational qualification
reasonably necessary to the normel
operation of a particular business or
enterprise, The bona fide
occupational qualification shall be
Interpreted narrowly,
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Ordinance No. 94- 364 7
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Sec. 2-32. Public accommodation;
exceptions.
(a) It shall be unlawful for any person to
deny any other person the full and equal
enjoyment of the goods, services,
facilities, privileges, advantages of any
place of public accommodation because
of age, color, creed, disability, marital
status, national origin, race, religion, sex,
or sexual orientation.
(bl It shall be unlawful to directly or
indirectly advertise or in any other
manner indicate or publicize that the
patronage of persons is unwelcome,
objectionable, or not solicited because of
age, color, creed, disability, marital
status, national origin, race, religion, sex,
or sexual orientation.
(cl This section shall not apply to any bona
fide religious institution with respect to
any qualifications the institution may
Impose based on religion when such
qualifications are related to a bona fide
religious purpose.
(dl Public accommodations may be
designated specifically for the elderly and
disabled. However, public
accommodations may not be restricted
among the elderly and disabled on the
basis of age, color, creed, disability,
marital status, national origin, race,
religion, sex or sexual orientation.
Sec. 2-33. Credit transactions;
exceptions.
(al It shall be unlawful for any creditor to
refuse to enter Into any consumer credit
transaction or to Impose finance charges
or other terms or conditions more
onerous than those regularly extended by
that creditor to consumers of similar
economic backgrounds because of age,
color, creed, disability, marital status,
national origin, race, religion, sex, or
sexual orientation.
(b) It shall be unlawful for any person
authorized or licensed to do business in
this state pursuant to Chapters 524,
533, 534, 536, or 536A of the Code of
Iowa (19931 to refuse to loan or to
extend credit or to impose terms or
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Ordinance No. 94-3647
Page 12
conditions more onerous than those
regularly extended to persons of similar
economic backgrounds because of age,
color, creed, disability, marital status,
national origin, race, religion, sex, or
sexual orientation.
(cl It shall be unlawful for any creditor to
refuse to offer credit, life, or health and
accident Insurance because of age, color,
creed, disability, marital status, national
origin, race, religion, sex or sexual
orientation. Refusal by a creditor to
offer credit, life or health and accident
Insurance based upon the age or physical
disability of the consumer shall not be an
unfair or discriminatory practice If such
denial is based solely upon bona fide
underwriting considerations not
prohibited by Title XIII, subtitle 1, Code
of Iowa.
The provisions of this section shall
not be construed by negative implication
or otherwise to narrow or restrict any
other provisions of this chapter.
(dl Refusal to enter into any consumer credit
transaction covered in this section shall
not be a discriminatory practice If such
denial is based on a fair and reasonable
determination of credit-worthiness or
ability to comprehend the transaction.
Sec. 2-34. Education.
(a) It shall be an unfair or discriminatory
practice for any educational institution to
discriminate on the basis of age, color,
creed, disability, marital status, national
origin, race, religion, sex, or sexual
orientation in any program or activity.
Such discriminatory practices shall
Include but not be limited to the
following practices:
(11 Exclusion of a person or persons
from participation in, denial of the
benefits of, or subject to
discrimination In any academic,
extracurricular, research,
occupational training, or other
program or activity.
(2) Denial of comparable opportunity in
intramural and Interscholastic
athletic programs.
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Page 13
(3) Discrimination among persons in
employment and the conditions of
employment.
(4) On the basis of sex, the application
of any rule concerning the actual or
potential parental, family or marital
status of a person, or the exclusion
of any person from any program or
activity or employment because of
pregnancy or related conditions
dependent upon the physician's
diagnosis and certification.
(b) For the purpose of this section
"educational institution" includes any
preschool, elementary, secondary, or
merged area school, area education
agency, or post-secondary college and
their governing boards, with the
exception that this section shall not
include the University of Iowa or any
other educational division of the State of
Iowa.
(c) This section does not prohibit an
educational institution from maintaining
separate toilet facilities, locker rooms or
living facilities for the different sexes so
long as comparable facilities are
provided. Nothing in this section shall be
construed as prohibiting any bona fide
religious institution from imposing
qualifications based on religion when
such qualifications are related to a bona
fide religious purpose or any Institution
from admitting students of only one sex.
Sec. 2.35. Aiding or abetting;
retaliation.
It shall be an unfair or discriminatory practice
for:
(1)
(21
Any person to intentionally aid, abet,
compel or coerce another person to
engage In any of the practices declared
unfair or discriminatory by this chapter.
Any person to discriminate against
another person because such person has
either lawfully opposed any
discriminatory practice forbidden by this
chapter I obeyed the provisions of this
chapter, or has flied a complaint,
testified, or assisted In any proceeding
under this chapter.
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Page 14
Q4-'\li47
ARTICLE IV.
ENFORCEMENT OF HUMAN RIGHTS
Sec. 2-36. Persons who may file
complaints; method of filing complaint;
amending complaint.
(a) All persons claiming to be aggrieved by a
discriminatory or unfair practice within
this city may, by themselves or by
counsel make, sign, and file with the
commission a verified, written complaint
which shall state the name and address
of the person, employer, employment
agency, or labor organization alleged to
have committed the discriminatory or
unfair practice of which complained,
shall set forth the particulars thereof, and
shall contain such other information as
may be required by the commission.
(b) The commission, a commissioner, the
city attorney or any other person aware
of the existence of a discriminatory
practice may in like manner make, sign,
and file such complaint.
(cl The commission or the complainant shall
have the power to reasonably and fairly
amend any complaint and the respondent
shall have like power to amend such
respondent's answer, at any time prior to
hearing.
(dl A claim under this chapter shall not be
maintained unless a complaint is filed
with the commission within one year
after the alleged discriminatory or unfair
practice occurred.
(el A verified copy of a complaint flied with
the state civil rights commission under
the provisions of Chapter 216, Code of
Iowa, or EEOC shall be sufficient
complaint for the purpose of this chapter
If It alleges either In the text thereof or in
accompanying statements that the
alleged discriminatory practice occurred
within this city.
Sec. 2-37. Investigation of complaints;
predetermination settlement.
(al After the filing of a verified complaint, a
true copy shall be served within twenty
(201 days by certified mall on the person
against whom the complaint is filed.
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Ordinance No. 94- 364 7
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(bl A commiSSioner, the human rights
coordinator or an authorized member of
the commission's staff shall promptly
investigate the complaint.
[Note: the power to Issue subpoenas was
transferred to Section 2.17.J
(cl After the verified complaint is filed, the
investigator shall issue a written
investigative summary and
recommendation to the city attorney
whether probable cause exists that the
person charged in the complaint has
committed a discriminatory practice.
(dl After receipt of the investigator's written
investigative summary and
recommendation regarding probable
cause, the city attorney shall issue a
written opinion to the commission
whether probable cause exists to believe
a discriminatory practice occurred as
alleged by the complainant.
(e) Any time after a complaint Is filed under
this chapter, but before the investigator
Issues a recommendation to the city
attorney, the investigator may seek a
disposition of the complaint through
predetermination settlement, if such
settlement is in the interest of the
complainant. Predetermination
settlements shall be subject to review by
the chair of the commission.
Sec. 2.38. Proceedings on complaints;
probable cause.
(al After the investigator and the city
attorney have made their determinations
regarding probable cause to support a
complaint, the human rights coordinator
shall promptly assign the complainant's
file to a conciliation team for
determination of probable cause.
(bl If the conciliation team finds that
probable cause exists regarding the
allegations of the complaint, the team
shall notify the complainant and the
rospondent of the findinG and shall
promptly endeavor to eliminate the
discriminatory or unfair practice by
conference, conciliation and persuasion.
(cl If the conciliation team finds that no
probable cause exists, the team shall
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Ordinance No. 94- 364 7
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issue a written finding dismissing the
complaint and notifying the parties of the
complainant's right to appeal the finding.
The team shall promptly mail a copy to
the complainant and to the respondent
by certified mail.
(d) A complainant may object to the finding
of no probable cause within ten (101
days of receipt of the written finding and
notice. If a complainant makes a timely
written request for review of the finding,
the conciliation team shall hear the
complainant's evidence in executive
session within thirty (30) days of the
request for review. If no probable cause
is again the finding after review, the
conciliation team shall notify the
complainant in writing of the decision,
and shall close the file. If the
conciliation team finds probable cause
after review, the team shall proceed with
efforts to eliminate the discriminatory or
unfair practice by conference,
conciliation and persuasion.
Sec. 2.39. Conciliation procedures.
(al The conciliation team shall endeavor to
eliminate the discriminatory or unfair
practice by conciliation, conference and
persuasion for a period of ninety (90)
days following the initial conciliation
meeting between the respondent and the
conciliation team following the finding of
probable cause. After the expiration of
ninety (90) days, the commission may
order the conciliation conference and
persuasion procedure to be bypassed If
the commission determines the
procedure is unworkable by reason of
past patterns and practices of the
respondent, or a statement by the
respondent that the respondent Is
unwilling to continue with the
conciliation. The commission shall state
In writing the reasons for bypassing
further conciliation efforts. This
statement shall Include a summary of the
conciliation effort, the principal facts as
disclosed in the investigation, and other
relevant reasons for the
recommendation.
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Page 17
(bl If the team succeeds in reaching a
disposition agreeable to the complainant
and the respondent, the disposition shall
be reduced to written agreement,
executed by the complainant and the
respondent. The result shall be reported
to the commission,
(cl The terms of a conciliation agreement
reached with the respondent may require
the respondent to refrain In the future
from committing discriminatory or unfair
practices of the type stated in the
agreement; to take remedial action
which, in the judgment of the
commission, will carry out the purposes
of this chapter; and to consent to the
entry in a appropriate district court of a
consent decree embodying the terms of
the conciliation agreement. Violation of
such a consent decree may be punished
as contempt by the court in which it is
flied, upon a showing by the commission
of the violation at any time within six (61
months of its occurrence, In all cases in
which a conciliation agreement is
entered, the commission shall issue an
order stating its terms and furnish a copy
of the order to the complainant, the
respondent, and such other persons as
the commission deems proper. At any
time, in its discretion, the commission
may Investigate whether the terms of the
agreement are being complied with by
the respondent. Upon a finding that the
terms of the conciliation agreement are
not being complied with by the
respondent, the commission shall take
appropriate action to assure compliance.
(dl If the team is unable to reach a
disposition agreeable to the parties, the
team shall notify the commission of the
result. The team may recommend :
(11 no further action be taken and the
file be closed.
(2) the commission Issue a written
notice to be served on the parties
specifying the charges in the
complaint and requiring the
respondent to answer the charges
of the complaint at a hearing before
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Ordinance No. 94-3647
Page 1 B
the commission or a person
designated by the commission.
Sec. 2.40. Remedial Action.
For the purposes of this chapter, remedial
action includes but is not limited to the
following:
(11 Hiring, reinstatement or upgrading of
employees with or without pay. Interim
earned Income and unemployment
compensation shall operate to reduce the
pay otherwise allowable.
(21 Admission or restoration of individuals to
a labor organization, admission to or
participation in a guidance program,
apprenticeship training program, on-the-
job training program or other
occupational training or retraining
program, with the utilization of objective
criteria in the admission of individuals to
such programs.
(3) Admission of individuals to a public
accommodation or an educational
institution.
(41 Sale, exchange, lease, rental, assignment
or sublease of real property to an
Individual.
(51 Extension to all Individuals of the full and
equal enjoyment of the advantages,
facilities, privileges, and services of the
respondent denied to the complainant
because of the discriminatory or unfair
practice.
(6) Reporting as to the manner of
compliance.
(7) Posting notices in conspicuous places In
the respondent's place of business in a
form prescribed by the commission and
Inclusion of notices in advertising
material.
(BI Payment to the complainant of damages
caused by the discriminatory or unfair
practice which shall include actual
damages, court costs and reasonable
attorney fees.
(9) In addition to the remedies In the
preceding provisions of this subsection,
the commission may issue an order
requiring the respondent to cease and
desist from tha discriminatory or unfair
practice and to take such affirmative
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Ordinance No. 94-1647
Page 19
action as in the judgment of the
commission will carry out the purposes
of this chapter as follows:
a. In the case of a respondent
operating by virtue of a license
issued by the state or a political
subdivision or agency, if the
commission, upon notice to the
respondent with an opportunity to
be heard, determines that the
respondent has engaged in a
discriminatory or unfair practice and
that the practice was authorized,
requested, commanded, performed
or knowingly or recklessly tolerated
by the board of directors of the
respondent or by an officer or
executive agent acting within the
scope of their employment, the
commission shall so certify to the
licensing agency. Unless the
practice Is reversed in the course of
judicial review, the finding of
discrimination is binding on the
licensing agency. If a certification
is made pursuant to this
subsection, the licensing agency
may initiate licensee disciplinary
procedures.
b. In the case of a respondent who Is
found by the commission to have
engaged in a discriminatory or
unfair practice in the course of
performing under a contract or
subcontract with the state or
political subdivision or agency, if
the practice was authorized,
requested, commanded, performed,
or knowingly or recklessly tolerated
by the board or executive agent
acting within the scope of their
employment, the commission shall
so certify to the contracting
agency. Unless the commission's
finding of a discriminatory or unfair
practice Is reversed In the course of
judicial review, the finding of
discrimination Is binding on the
contracting agency.
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Page 20
c, Upon receiving a certification made
under this subsection, a contracting
agency may take appropriate action
to terminate a contract or portion
thereof previously entered into with
the respondent, either absolutely or
on condition that the respondent
carry out a program of compliance
with the provisions of this chapter,
and assist the state and all political
subdivisions and agencies thereof
to refrain from entering into further
contracts.
(101 The election of an affirmative order
under paragraph (21 of this subsection
shall not bar the election of affirmative
remedies provided in paragraph (1) of
this subsection.
Sec. 2-41. Notice and hearing.
(al When the commission determines upon
recommendation of the conciliation team
that conciliation is not possible and the
case should proceed to public hearing
before the commission, the commission
shall issue and cause to be served a
written notice:
(11 Specifying the charges In the
complaint, as they may have been
amended.
(2) Requiring the respondent to answer
the charges of the complaint at a
hearing before the commission, or
a person designated by the
commission to conduct the hearing;
(bl The case in support of such complaint
shall be presented at the hearing by the
commission's attorney. The human
rights coordinator or other person who
Investigated the complaint shall not
participate In the hearing except as a
witness, nor shall the coordinator or
investigator participate In the
deliberations of the commission in such
case.
(cl The hearing shall be conducted In
accordance with the provisions of
Chapter 17 A, Code of Iowa for
contested cases. The burden of proof in
such a hearing shall be on the
commission.
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Ordinance No. 94-3647
Page 21
Sec. 2.42. Findings and order.
(al If upon taking Into consideration all of
the evidence at a hearing, the
commission determines that the
respondent has engaged in a
discriminatory or unfair practice, the
commission shall state its findings of
fact and conclusions of law and shall
issue an order requiring the respondent
to cease and desist from the
discriminatory or unfair practice and to
take the necessary remedial action as in
the judgment of the commission shall
carry out the purposes of this chapter. A
copy of the order shall be delivered to
the respondent and complainant and to
any other public officers and persons as
the commission deems proper. A
description of possible remedial actions
appears in section 2-40.
(b) If upon taking into consideration all of
the evidence at a hearing, the
commission finds that a respondent has
not engaged in any such discriminatory
or unfair practice, the commission shall
issue an order denying relief and stating
the findings of fact and conclusions of
the commission, and shall cause a copy
of the order dismissing the complaint to
be served by certified mail on the
complainant and the respondent.
Sec. 2.43. Judicial review; enforcement.
(al The commission may obtain an order of
court for the enforcement of commission
orders in a proceeding as provided In this
section. Such an enforcement
proceeding shall be brought in the district
court of the county where the
discriminatory practice occurred.
(bl Such an enforcement proceeding shall be
initiated by the filing of a petition in the
court and the service of a copy thereof
upon the person charged. The
commission shall then file with the court
a transcript of the record of the hearing
before It. The court has the power to
grant such temporary relief or restraining
order as It deems just and proper, and to
make and enter upon the pleadings,
testimony, and proceeding set forth In
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Ordinance No. 94-3647
Page 22
(c)
such transcript an order enforcing,
modifying, and enforcing as so modified,
or setting aside the order of the
commission, in whole or in part.
An objection that has not been urged
before the commission shall not be
considered by the court in an
enforcement proceeding, unless the
failure or neglect to urge such objection
shall be excused because of
extraordinary circumstances.
Any party to the enforcement proceeding
may move the court to remit the case to
the commission in the interest of justice
for the purpose of adducing additional
specified and material evidence and
seeking findings thereof, providing such
parties shall show reasonable grounds for
the failure to adduce such evidence
before the commission,
In the enforcement proceeding the court
shall determine its order on the same
basis as it would in a proceeding
reviewing commission action under
Section 17 A, 19, Code of Iowa.
The commission's copy of the testimony
shall be available to all parties for
examination at all reasonable times,
without cost, and for the purpose of
judicial review of the commission's
orders.
The commission may appear In court by
the city attorney or a designee.
If no proceeding to obtain judicial review
Is instituted within thirty (301 days from
the service of an order of the
commission issued pursuant to Section
2-43, the commission may obtain an
order of the court for the enforcement of
such order upon showing that the person
charged Is subject to the jurisdiction of
the commission and resides or transacts
business within the county in which the
petition for enforcement is brought.
Judicial review of the actions of the
commission may be sought In
accordance with the terms of the Iowa
Administrative Procedure Act.
Notwithstanding the terms of such Act,
petition for judicial review may be flied In
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Ordinance No. 94-3647
Page 23
the district court in which an
enforcement proceeding under
subsection (al and (b) may be brought.
For purposes of the time limit for filing a
petition for judicial review under the
Iowa Administrative Procedure Act, the
Issuance of a final decision of the
commission under this chapter occurs on
the date notice of the decision is mailed
by certified mail to the parties.
Notwithstanding the time limit provided
in Section 17 A.19, subsection 3 of the
Code of Iowa, a petition for judicial
review of no-probable cause decisions
and other final agency actions which are
not of general applicability must be filed
within thirty (30) days of the Issuance of
the final agency action,
Sec. 2-44. Sixty-day release from
administrative process; alternative judicial
proceedings upon complaints.
(al Conditions for release. A person
claiming to be aggrieved by an unfair or
discriminatory practice must initially seek
administrative relief by filing a complaint
with the commission in accordance with
Section 2-36. After the proper filing of
a complaint with the commission, a
person may subsequently commence an
action for relief in the district court if all
of the following conditions have been
satisfied:
111 The complainant has timely filed
the complaint with the commission
as provided In section 2-36(dl.
(21 The complaint has been on file with
the commission at least sixty (601
days and the commission has
issued a release to the complainant
pursuant to subsection (b) of this
section.
(bl Requirements for Issuance of release.
Upon a request by the complainant, and
alter the expiration of sixty (601 days
from the timely filing of a complaint with
the commission, the commission shall
Issue to the complainant a release stating
that the complainant has a right to
commence an action In the district court.
A release under this subsection shall not
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Ordinance No. 94-3647
Page 24
be issued If a finding of no probable
cause has been made on the complaint,
or a conciliation agreement has been
executed, or the commission has served
notice of hearing upon the respondent,
or the complaint is closed as an
administrative closure and two (2) years
have elapsed since the issuance date of
the closure.
(c) Notwithstanding Section 2-20, a party
may obtain a copy of all documents
contained in a case file where the
commission has issued a release to the
complainant pursuant to this subsection.
(d) An action authorized under this section is
barred unless commenced within ninety
(901 days after Issuance by the
commission of a release under
subsection Ibl of this section. If a
complainant obtains a release from the
commission under subsection (b) of this
section, the commission shall be barred
from further action on that complaint.
leI Venue for an action under this section
shall be in Johnson County, Iowa.
(fl The district court may grant any relief in
an action under this section which is
authorized by section 2-40. The district
court may also award the respondent
reasonable attorney's fees and court
costs when the court finds that the
complainant's action was frivolous,
(gl It is the legislative intent of this section
that every complaint be at least
preliminarily screened by the Commission
during the first sixty (60) days. This
subsection does not authorize
administrative closures if an investigation
is warranted.
ARTICLE V. FAIR HOUSING
Sec. 2.45. Housing; exceptions.
It shall be an unlawful or discriminatory
practice for any person to:
(a) Refuse to sell, rent, lease, assign,
sublease, refuse to negotiate, or to
otherwise make unavailable, or deny any
real property or housing accommodation
or part, portion or interest therein, to any
person because of the age, color, creed,
disability, marital status, familial status,
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Ordinance No. 94- 364 7
Page 25
national origin, race, religion, sex, sexual
orientation, presence or absence of
dependents, or public assistance source
of income of that person.
(b) Discriminate against any other person in
the terms, conditions, or privileges of
any real estate transaction because of
age, color, creed, disability, marital
status, familial status, national origin,
race, religion, sex, sexual orientation,
presence or absence of dependents, or
public assistance source of income.
(cl Directly or indirectly advertise, or in any
other manner indicate or publicize in any
real estate transaction that any person is
not welcome or not solicited because of
age, color, creed, disability, marital
status, familial status, national origin,
race, religion, sex, sexual orientation,
presence or absence of dependents, or
public assistance source of income.
(dl Discriminate against the lessee or
purchaser of any real property or housing
accommodation or part, portion or
interest of the real property or housing
accommodation, or against any
prospective lessee or purchaser of the
property or accommodation because of
age, color, creed, disability, marital
status, familial status, national origin,
race, religion, sex, sexual orientation,
presence or absence of dependents, or
public assistance source of income of
persons who may from time to time be
present in or on the lessee's or owner's
premises for lawful purposes at the
invitation of the lessee or owner as
friends, guests, visitors, relatives or in
any similar capacity.
(e) For purposes of this Article, "person"
means one or more individuals,
corporations, partnerships, associations,
labor organizations, legal representatives,
mutual companies, joint stock
companies, trusts, unincorporated
organizations, trustees, trustees In cases
under Title 11 of the United States Code,
receivers, and fiduciaries.
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Ordinance No. 94- 364 7
Page 26
Sec. 2.46. Exceptions.
The following are exempted from the
provisions of this section:
(al Any bona fide religious institution with
respect to any qualification it may
impose based on religion when such
qualifications are related to a bona fide
religious purpose.
(bl The rental or leasing of four (4) or fewer
rooms within a single housing
accommodation by the owner of such
housing accommodation, if the owner
resides therein.
(cl Restrictions based on sex or the
presence or absence of dependents In
the rental, leasing or sale of housing
accommodations by nonprofit
corporations.
(dl Restrictions based on sex in the rental or
leasing of housing accommodations
within which residents of both sexes
would share a common bathroom facility
on the same floor of the building.
(el Restrictions based on presence or
absence of dependents in the rental or
leasing of housing accommodations
within an owner-occupied dwelling of
four (4) or fewer units where the owner
occupies the premises, or some portion
thereof, and actually resides therein.
(f) Restrictions based on presence or
absence of dependents In the rental or
leasing of housing accommodations
where the owner occupied the premises,
or some portion thereof, and actually
resided therein as of the effective date of
this chapter. Owner, for the purposes of
this exemption, shall be defined as a
person having at least a fifty (50) per
cent interest In the property.
(gl Rental or leasing of housing
accommodations where seventy-five (751
per cent or more of the persons residing
therein are fifty-five (55) years of age or
older or are disabled as that term Is
defined In this chapter, Provided that
these qualifications are met, such
accommodations may be designated
specifically for the elderly and/or disabled
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Ordinance No. 94- 364 7
Page 27
subject to the requirements of this
Chapter.
(hI Housing accommodations may be
designated specifically for the elderly
and/or disabled. However, such housing
accommodations may not otherwise be
restricted among the elderly and/or
disabled on the basis of age, color,
creed, disability, marital status, familial
status, national origin, race, religion, sex,
sexual orientation, public assistance
source of income, or presence or
absence of dependents, provided that
any such dependents meet the
definitions of elderly or disabled as
provided herein. Designations of such
restrictions shall be made part of any
rental property on file with the City of
Iowa City. Designations shall be in
writing on forms provided by the city and
shall be in effect until changed, but shall
apply for a minimum period of one year.
Sec. 2-47. Additional unfair or
discriminatory practices.
(al A person shall not induce or attempt to
induce another person to sell or rent a
dwelling by representations regarding the
entry or prospective entry into a
neighborhood of a person of a particular
age, color, creed, disability, marital
status, familial status, national origin,
race, religion, sex, sexual orientation,
presence or absence of dependents, or
public assistance source of income.
(bl A person shall not represent to a person
of a particular age, color, creed,
disability, marital status, familial status,
national origin, race, religion, sex, sexual
orientation, presence or absence of
dependents, or public assistance source
of Income that a dwelling Is not available
for inspection, sale, or rental when the
dwelling is available for Inspection, sale,
or rental.
(cl A person shall not discriminate in the
sale or rental or otherwise make
unavailable or deny a dwelling to a buyer
or renter because of a disability of any of
the following persons:
11) That buyer or renter.
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Ordinance No. 94- 364 7
Page 28
(21 A person residing in or Intending to
reside In that dwelling after It is
sold, rented, or made available.
(3) A person associoted with that
buyer or renter.
(dl A person shall not discriminate against
another person in the terms, conditions,
or privileges of sale or rental of a
dwelling or in the provision of services or
facilities in connection with the dwelling
because of a disability of any of the
following persons:
(11 That person.
(21 A person residing in or Intending to
reside in that dwelling after it is
sold, rented, or made available.
(31 A person associated with that
person.
(el For the purposes of this section only,
discrimination includes any of the
following circumstances:
(11 A refusal to permit, at the expense
of the disabled person, reasonable
modifications of existing premises
occupied or to be occupied by the
person if the modifications are
necessary to afford the person full
enjoyment of the premises. In the
case of a rental, a landlord may,
where reasonable to do so,
condition permission for a
modification on the renter's
agreement to restore the interior of
the premises to the condition that
existed before the modification,
reasonable wear and tear excepted.
(21 A refusal to make reasonable
accommodations in rules, policies,
practices, or services, when the
accommodations are necessary to
afford the person equal opportunity
to use and enjoy a dwelling.
(31 In connection with the design and
construction of covered multifamily
dwellings for first occuponcy after
January I, 1992, a failure to design
and construct those dwellings in a
manner that meets the following
requirements:
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Ordinance No. 94- 364 7
Page 29
(A) The public use and common
use portions of the dwellings
are readily accessible to and
usable by disabled persons.
(S) All doors designed to allow
passage into and within all
premises within the dwellings
are sufficiently wide to allow
passage by disabled persons in
wheelchairs.
(C) All premises within the
dwellings contain the following
features of adaptive design:
lil An accessible route into
and through the dwelling.
(iil Light switches, electrical
outlets, thermostats, and
other environmental
controls in accessible
locations.
(liil Rei n for c e men t sin
bathroom walls to allow
later installation of grab
bars.
(ivl Usable kitchens and
bathrooms so that a
person In a wheelchair can
maneuver about the
space.
(0) Compliance with the
appropriate requirements of
the American national standard
for buildings and facilities
providing accessibility and
usability for physically
handicapped people, commonly
cited as "ANSI A 117.1",
satisfies the requirements of
paragraph "e", subparagraph
(3). subparagraph subdivision
(Cl.
(41 Nothing In this subsection requires
that a dwelling be made available
to a person whose tenancy would
constitute a direct threat to the
health or safety of other persons or
whose tenancy would result in
substantial physical damage to the
property of others.
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Ordinance No.
Page 30
94-3647
(f) A person whose business includes
engaging in residential real estate related
transactions shall not discriminate
against a person in making a residential
real estate related transaction available
or in terms or conditions of a residential
real estate related transaction because of
age, color, creed, disability, marital
status, familial status, national origin,
race, religion, sex, sexual orientation,
presence or absence of dependents, or
public assistance source of Income.
(gl For the purpose of this subsection,
"residential real estate related
transaction" means any of the following:
(11 To make or purchase loans or
provide other financial assistance to
purchase, construct, improve,
repair, or maintain a dwelling, or to
secure residential real estate.
(21 To sell, broker, or appraise
residential real estate.
(hI A person shall not deny another person
access to, or membership or participation
in a multiple-listing service, real estate
brokers' organization or other service,
organization, or facility relating to the
business of selling or renting dwellings,
or discriminate against a person in terms
or conditions of access, membership, or
participation In such organization
because of age, color, creed, disability,
marital status, familial status, national
origin, race, religion, sex, sexual
orientation, presence or absence of
dependents, or public assistance source
of income.
Sec. 2-48. Proceedings; housing.
(al The commission may join a person not
named In the complaint as an additional
or substitute respondent if in the course
of the investigation, the commission
determines that the person should be
alleged to have committed a
discriminatory housing or real estate
practice.
(bl In addition to the Information required In
the notice, the commission shall include
in a notlca to a respondent joined under
this subsection an explanation of the
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Ordinance No.
Page 31
94-3647
basis for the determination under this
subsection that the person is properly
joined as a respondent.
(c) The commission shall, during the period
beginning with the filing of a complaint
and ending with the finding that there Is
or is not probable cause as defined In
this chapter, to the extent feasible,
engage in mediation with respect to the
complaint.
(1) A mediation agreement Is an
agreement between a respondent
and the complainant and Is subject
to commission approval.
(2) A mediation agreement may
provide for binding arbitration or
other method of dispute resolution.
Dispute resolution that results from
a mediation agreement may
authorize appropriate relief,
including monetary relief.
(3) A mediation agreement shall be
made public unless the complainant
and respondent agree otherwise,
and the commission determines
that disclosure is not necessary to
further the purposes of this chapter
relating to unfair practices or
discrimination in housing or real
estate.
(4) The proceedings or results of
mediation shall not be made public
or used as evidence In a
subsequent proceeding under this
chapter without the written
consent of the persons who are
party to the mediation.
(5) After the completion of the
commission's investigation, the
commission shall make available to
the aggrieved person and the
respondent information derived
from the investigation and the final
Investigation report relating to that
investigation.
(d) If the commission concludes, following
the filing of a complaint, that prompt
judicial action Is necessary to carry out
the purposes of this chapter relating to
unfair or discriminatory housing or real
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Page 32
(el
estate practices, the commission may
authorize a civil action for appropriate
temporary or preliminary relief pending
final disposition of the complaint.
The commission shall prepare a final
investigative report. A final report under
this section may be amended by the
commission if additional evidence is
discovered.
The commission shall determine based
on the facts whether probable cause
exists to believe that a discriminatory
housing or real estate practice has
occurred or is about to occur. The
commission shall make this
determination not later than one hundred
(1001 days after a complaint is filed
unless any of the following applies:
(11 It is impracticable to make the
determination within that time
period.
(2) The commission has approved a
mediation agreement relating to the
complaint.
(3) If It is impracticable to make the
determination within the time
period provided by this subsection,
the commission shall notify the
complainant and respondent in
writing of the reasons for the delay.
If the commission determines that
probable cause exists to believe that a
discriminatory housing or real estate
practice has occurred or is about to
occur, the commission shall immediately
issue a determination unless the
commission determines that the legality
of a zoning or land use law or ordinance
is involved as provided in subsection m.
A determination Issued under this
subsection must Include all of the
following:
(1) A short and plain statement of the
facts on which the commission has
found probable cause to believe
that a discriminatory housing or real
estate practice has occurred or is
about to occur.
(21 The determination must be based
upon the final Investigative report.
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Page 33
(31 The determination need not be
limited to the facts or grounds
alleged in the complaint.
(hI Not later than twenty (201 days after the
commission issues a determination, the
commission shall send a copy of the
determination with information
concerning the election under this
chapter to all of the following person:
(1) Each respondent. The respondent
shall also receive a notice of the
opportunity for a hearing as
provided under this Chapter.
(21 Each aggrieved person on whose
behalf the complaint was filed,
lil If the commission determines that the
matter involves the legality of a state or
local zoning or other land use ordinance,
the commission shall not issue
determination and shall immediately refer
the matter to the city attorney for
appropriate action.
(jl If the commission determines that no
probable cause exists to believe a
discriminatory housing or real estate
practice has occurred or is about to
occur, the commission shall promptly
dismiss the complaint. The commission
shall make public disclosure of each
dismissal under this section.
(kl The commission shall not issue a
determination under this section
regarding an alleged discriminatory
housing or real estate practice after the
beginning of a trial of a civil action
commenced by the aggrieved party
under federal or state law seeking relief
with respect to that discriminatory
housing or real estate practice.
m If the commission determines that
probable cause exists to believe a
discriminatory housing or real estate
practice has occurred, the commission
may, after notice,
provide for a hearing on the charges In the
complaint. The hearing shall be conducted in
accordance with Chapter 17 A, Code of Iowa
for contested cases.
(m) If the commission determines at a
hearing under subsection m that a
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Ordinance No. 94-3647
Page 34
respondent has engaged or is about to
engage in a discriminatory housing or
real estate practice, the commission may
order the appropriate relief, including
actual damages, reasonable attorney's
fees, court costs, and other injunctive or
equitable relief. To vindicate the public
interest, the commission may assess a
civil penalty against the respondent.
Sec. 2-49. Additional proceedings;
housing.
If the commission Issues an order with
respect to a discriminatory housing practice
that occurred in the course of a business
subject to a licensing or regulation by a
governmental agency, the commission, not
later than thirty days after the date of Issuance
of the order, shall do all of the following:
(11 Send copies of the findings and the order
to the governmental agency.
(21 Recommend to the governmental agency
appropriate disciplinary action.
Sec. 2-50. Effect on other law.
(al This section does not affect a reasonable
local or state restriction on the maximum
number of occupants permitted to
occupy a dwelling or restriction relating
to health or safety standards.
(bl This section does not affect a
requirement of nondiscrimination in other
city ordinances.
ARTICLE VI. DOMESTIC PARTNERSHIP
Sec. 2-51. Purpose.
(a) The City of Iowa City, Iowa recognizes
that nationwide debate has advanced an
expanded concept of familial
relationships beyond traditional marital
and blood relationships. This expanded
concept recognizes the relationship of
two (21 non-married but committed adult
partners. Recognizing this, the City of
Iowa City, Iowa hereby adopts a process
to provide persons to declare themselves
as domestic partners, thus enabling
employers to voluntarily provide equal
treatment In employment benefits for
such partners and their dependents.
(bl This Article establishes a mechanism for
the public expression and documentation
of the commitment reflected by the
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Ordinance No. 94~ 364 7
Page 35
domestic partnership whose members
cannot or choose not to marry.
(cl It is appropriate and fair that certain of
the societal privileges and benefits now
accorded to members of a marriage be
extended to those who meet the
qualifications of a domestic partnership.
The mechanism established by this
Article will facilitate the definition of
those entitled to such privileges.
Sec. 2-52. Requirements and eligibility.
(a) A domestic partnership shall exist
between two (2) adults if all of the
following are true:
(11 The persons are not related by
blood closer than permitted under
the marriage laws of the state,
(21 Neither person is married.
(3) The persons are competent to enter
into a contract.
(41 The persons declare that they are
each other's sole domestic partner.
(51 The persons declare that they are in
a relationship of mutual support,
caring and commitment and are
responsible for each other's
welfare. For these purposes,
mutual support means that they
contribute mutually to each other's
maintenance and support.
161 The persons file a statement of
domestic partnership as set forth In
this Article.
m The persons agree to notify the city
of the termination of their domestic
partnership, or a change in their
employment or residence which
would render them ineligible to
register as domestic partners under
this Article.
Sec. 2-53. Statements of domestic
partnership; registration.
(al The City Clerk shall accept an application
to register as domestic partners from
persons who stete in such application
that they meet the definition of domestic
partners in this Article. The City Clerk
shall provide forms as necessary to
Interested Individuals.
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Ordinance No. 94-3647
Page 36
(bl The City Clerk shall only accept
applications for registration of domestic
partnership from those persons:
(11 in a partnership where at least one
person resides in Iowa City; or
(2) in a partnership in which at least
one person is employed in Iowa
City.
(cl The City Clerk shall charge an application
fee as set by resolution of the City
Council for the registration of a domestic
partnership. The payment of this fee
entitles the person filing a statement on
behalf of the domestic partnership to
two (21 copies of the statement certified
by the City Clerk. Additional certified
copies may be purchased by the person.
These copies of the certified statement
shall not be issued prior to the third
working day after the date of application.
(dl The application and certified statement
may be used as evidence of the
existence of a domestic partners
relationship.
Sec. 2-54. Termination.
(a) Either person in a domestic partnership
may initiate termination of the domestic
partnership by written notification to the
City Clerk. The person filing the
termination statement must declare that:
(11 the domestic partnership is
terminated; and
(21 a copy of the termination statement
has been mailed to the other
domestic partner by certified mail,
return receipt requested.
A domestic partnership terminates when
the earlier of the following occurs:
(11 one of the persons in the domestic
partnership dies; or
121 ninety (901 days elapse after both
partners file a notice of termination
of domestic partnership; or
131 ninety 190) days elapse after one
partner flies a notice of termination
of domestic partnership and
provides the City Clerk proof that
the notice of termination of
partnership has been mailed to the
other partner at the last known
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Ordinance No. 94- 364 7
Page 37
address, or that the partner cannot
be located or refuses to accept the
mailed notice. A properly mailed
notice which is returned as refused
or undeliverable shall be adequate
proof.
(cl If any of the criteria under Sec, 2-52
cease to exist, the parties shall be
Ineligible for any benefits based upon the
domestic partnership unless otherwise
provided by law or the employer.
(dl When an employer permits or provides
benefits to the domestic partner of an
employee, the domestic partner may be
eligible to continue to receive benefits for
a period of sixty (60) days after the
death of the employee. The employer
shall give the domestic partner written
notice by U.S. mail, postage prepaid, at
the address provided by the employee
stating whether such benefits are
available to the partner. Said notice shall
state the date on which group benefit
coverage, if any, terminates, and shall
state the right, if any, of the domestic
partner to transfer benefit coverage to a
non-group plan without lapse of
coverage and without providing evidence
of good health.
(fl No person who has registered as a
domestic partner pursuant to Section 2-
53 of this chapter shall be eligible to file
a new application for registration as a
domestic partner until ninety (901 days
have elapsed after the domestic
partnership has terminated.
Sec. 2-55. Records.
The City Clerk shall maintain records of
domestic partnership statements, showing the
name and address of applicants for domestic
partnership, and the date of application,
certification and termination of domestic
partnerships.
SECTION II. REPEALER. All ordinances and
parts of ordinances In conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
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94-3647
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be In effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 8th day of
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ATTEST: ~'} of A./
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Ordinance No. 94-3647,
Page ..12.-
It was moved by l["bhl' and seconded by
as read be adopted, and upon roll call there were:
Throgmorton that the Ordinance
AYES: NAYS: ABSENT:
'1 Baker
x Horowitz
x Kubby
x Lehman
x Novick
! x Pigott
x Throgmorton
First Consideration 10/11/Q4
Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz,
Kubby, Novick. NAYS: Lehman. ABSENT: None.
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Second Consideration 10/25/94
Vote for passage: AYES: Horowitz, Novick, Pigott, Throgmorton, Baker.
NAYS: Lehman. ABSENT: Kubby.
Date published 11/16/94
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