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Home My WebLink About1978-02-28 OrdinanceI•li�,kUi ILMLL) BY JORM MICROLAB LLDAk RAP W; ANL) Ju . \ ORDINANCE NO. 78-2880 A. jRDINANCE TO LIMIT THE USE NOFNORDINANCE O 20 MOTORIZED VEHICLES TO PARK ROADS AND TO PROHIBIT THE USE OF PARK ROADS BY U14LICENSED VEHICLES. SECTION I. PURPOSE. The purpose of this ordinance is to prohibit the use of snowmobiles in Iowa City parks and to restrict the use of motocycles and other recreational vehicles to park roads within the parks. SECTION 2. AMENDMENT. Section 3.34.5 of Ordinance No. 76-2820 is hereby amended by adding the follow- ing section: R. The operation of motorized vehicles is restricted to park roads. Unlicensed moto- rized vehicles are prohibited within the parks. SECTION 3. REPEALER All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. 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 adjud- ged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and pub- lication as required by law. Passed and adopted this 28th day of February , 1978. ROBERT A. VEVERA, 14AYOR ATTEST:__/� c� ABBIE STOLFUS, CITY I.ERY. IdICROl II,I•lE0 BY JORM MICR+LAB ,[[PAD V.v M, . xl, MIN[` 7 FAA U, MlutUtILALU BY JORM MICROLAb CEDAR RAPIU� AND JLC �LiL Ordinance No. 78-2880 Page 2 It was moved by deProsse and seconded by Neuhauser , that the Ordinance be adopted, and upon roll call there were: AYES NAYS ABSENT: x Balmer x deProsse x -- Erdahl x — Neuhauser z Perret -- z Roberts x Vevera 1st consideration 2/14/78 Vote for passage: y�rret, Roberts, Vevera, Balmer, deProsse, Erdahl, Neuhauser. Nays: none 2nd consideration 2/21/78 Vote for passage: Aye,,. Vevera, Balmer, deProsse, Erdahl, Neuhauser, Roberts. Nays: none. Absent: Perret. IIFCF,IVED & APPROVED 9Y TIM LEGAL DEPIRT1931M �I MICROFILMED BY I DORM MICR¢LAB fl -DAV P.ADr nC . qjC h1018(S Fiiw<Ui iL leu by JORM MICk0LAb • LcUA!< kAlrioo Milo ORDINANCE NO. 78-2881 AN ORUINANCE TO REQUIRE GAS, ELECTRIC, nnD COMMUNICA- TION FRANCHISE HOLDERS TO MOVE CERTAIN OF THEIR FACIL- ITIES WITHIN THE CITY OF IOWA CITY, IOWA, AND TO IN- STALL THEM UNDERGROUND; TO REQUIRE UTILITY CUSTOMERS IN CERTAIN AREAS TO REMOVE ABOVEGROUND UTILITY INSTAL- LATIONS AND INSTALL THEM UNDERGROUND; AND PROVIDING PROCEDURES AND STANDARDS FOR EXEMPTIONS FROM THE REQUIREMENTS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The City Council finds that the public interest requires that all facilities and wires used in supplying gas, electrical, and communication services in the Iowa City central business district shall be placed underground, except as otherwise provided in this ordinance. SECTION II. DEFINITIONS. The following definitions shall apply to this ordinance. A. Utility or Utilities shall mean and include, but not be limited to, any gas, electrical or communications services and all persons providing the same. B. District shall mean and include the area in Iowa City, Iowa, specifically described in Section III. C. Service terminal shall mean transformers and pad -mounted switchgear, but not including connecting wiring. SECTION III.. DISTRICT.The term "District" shall mean certain territory located in Iowa City, Iowa, and described as follows: The area limited on the North by the center line of Washington Street, on the East by the center line of Linn Street, and on the South by the center line of Court Street, and on the West by the center line of Madison Street. SECTION IV. NOTICE. A. Notice to the Iowa -Illinois Gas and Electric Com an-: Pursuant to Ordinance No. 2169, Section 6, and Ordinance No. 2170, Section 4, ordinances of the City of Iowa City, Iowa, you are hereby notified that the City of Iowa City requires that you relocated all your gas and electrical installa- tions within the district, except as otherwise exempted, to appropriate underground locations, all to take place in conjunction with urban renewal construction. All utility installations shall be expeditiously relocated underground upon notice from the City, and shall be completely installed by the time that urban renewal construction in the district_ has been substantially completed. All utility installations within the district shall be installed only upon the written approval of the City Engineer. B. Notice to the Aynerican Telephone and Teleqraph MICflnl WILD By 1 JORM MICROLAB fl'pAP PAP111' . ')!, 'In!,:[, Miu,W, iLALU BY JORM MICkOLAB • LLD* kAYiu'., iU;U ul� '�• � • Com : (Northwestern Bell Telephone C'_ any): Ord. No. 78-2881 Pursu..� to Ordinance No. 502, Section last Page 2 codified as Chapter 1J, Section 3, 1951 Code of Ordinances of Iowa City, Iowa, you are hereby notified that the City of Iowa City requires that you relocate all your communications installations within the district, except as otherwise exempted, to appropriate underground locations, all to take place in conjunction with urban renewal construction. All utility installations shall be expeditiously relocated underground upon notice from the City, and shall be completely installed by the time that urban renewal construction in the district has been substantially completed. Allutilty installa- tions within the district shall be installed only upon the written approval of the City Engineer. C. Notice to Utilit Customers within the District: The uti ity shal notify both the customer and the City in writing once the underground service is available. within six (6) months from the date of notification, all utility customers within the district shall remove their above- ground utility installations and replace them with under -ground installations, unless granted an exemption pursuant to section V of this ordinance. 2. All such above -ground installations not so removed within six (6) months from the date the utility has given the notice specified in section IV(C)(1) above may be removed in accordance with terms of the Iowa City Administrative Code, or other applicable law. The costs of such removal may be assessed against the owner of the property. 3. Six (6) months after the date the utility has given the notice specified in Section IV(C)(1) of this ordinance, no utility shall be required to give utility services to its customers within the district if they have not converted their above- ground utility installations to underground installa- tions, or obtained an exemption. SECTION V. EXEMPTIONS. The provisions of this ordinance sa not apply to the following installa- tions: A. Poles used exclusively for police and fire alarm boxes, traffic control facilities, and any similar municipal equipment, except that connecting wiring shall be underground. B. Poles used exclusively for street lighting, except that connecting wiring shall be underground. C. Service terminals installed above ground used to distribute communication, gas or electric service in underground systems. D. Any installation may be exempted from the requirements of this ordinance in writing by the City Engineer. The City Engineer shall serve any denial of a requested exemption upon the party requesting the exemption by certified mail, return receipt requested. Any party denied an exemption may appeal the denial by filing a written statement of appeal, which statement shall contain the rncmmr iva[o BY ' JORM MICR( LAB rFllAo I -AT , �' . 'y 1, 1101•Ir`� :LMa BY JORM MICkULAB LLUAt( kA✓iu:, A;iJ real, for the appeal, with the City rk within Ord. No. 78-2881 ten or,ys from the receipt of the denial. Any Page 3 person filing a timely appeal shall be granted a hearing before the City Council. At the hearing, the Council shall consider the following factors in deciding the appeal: (1) technical necessity; (2) whether the cost of undergrounding a specific component of a system is unreasonably large in comparison to the cost of underground- ing the system as a whole; and (3) whether the cost of undergrounding all or part of a utility customer's connecting wiring or other equipment is unreasonably large when compared to the public benefit that would result from undergrounding the said connecting wiring or other equipment, due to (a) the distance from the public right-of-way or other place where the utility's service is located to the utility customer's property, or (2) the unique physical character- istics of the utility customer's property, or of other properties between the utility's service and the utility customer's property. (4) any other relevant factor. In making this decision, the Council shall keep in mind the general policy in favor of undergrounding all utilities in the district. SECTION VI. The City Clerk is directed to mail a copy of this ordinance to each Iowa City franchise holder by certified mail, return receipt requested. SECTION VII. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed, except that nothing in this ordinance shall be deemed to repeal any part of any Iowa City franchise ordinance affecting gas, electrical or communications installations and facilities. SECTION VIII. SAVINGS CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudica- tion shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. SECTION IX. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted this 2/8th ay oof/February, 1978. 1 MAYOR � �J CITY CLERK i AICROF10110 BY JORM MICR�LA9 r'r9AP P,' 71' . 'i!''. I10!'Irq MlwWr IL& u BY JORM MICROLAB Ordinar _. No. 78-2881 Page 4 • LLOAri kAPWS ANL JL It was moved by Neuhauser , seconded by Perret that the Ordinance as rea be adopted and uponFoTT— call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera First consideration 2/14/78 Vote for passage: Ayes: Perret, Roberts, Vevera, Balmer, deProsse, Erdahl, Neuhauser. Nays: none. Second consideration 2/21/78 Vote for passage: Ayes: Balmer, deProsse, Erdahl, Neuhauser, Roberts, Vevera. Nays: none. Absent: Perret. yYReccived & APprovcd 6Kl IB L^2 l `�-'1C f ,..,- � ,aicnorur•¢n By JoRM MICRbLAS MAP PAP10' • 9CS M IFS r•ii 1, ifUi ILMLU BY JORM MICROLAB • GtUAk kAVIJi AiIU uL� L.', CITY OF IOWA CITY CIVIC CENTER 410 E W,4SHING ON SI II�IWA CITY IOWA 52240 (319) 354.18(1) March 7, 1978 Iowa -Illinois Gas & Electric Co. 211 E. Washington St. Iowa City, IA 52240 ATTENTION: MR. JOHN McDANIEL Dear Mr. McDaniel: As required by Ordinance N78-2881, a copy of the Ordinance to Require Gas, Electric, and Communication Franchise Holders to Move Certain of Their Facilities Within the City of Iowa City, Iowa, and to Install Them Underground; to Require Utility Customers in Certain Areas to Remove Aboveground Utility Installations and Install Them Underground; and Providing Procedures and Standards for Exemptions from the Requirements as adopted by the Iowa City Council is attached. Sincerely, AS:vb Enc. i 4I LIIOf ILRF.D BY JORM MICR¢LAB rMAQ PM!", • V, P1DI9f5 F r` ABBIE STOLFUS CITY CLERK AS:vb Enc. i 4I LIIOf ILRF.D BY JORM MICR¢LAB rMAQ PM!", • V, P1DI9f5 F r` I•I;,W;;L:4w by JURM 1•IICkULAb I.L LJAI� I�I1Y I.l.J I{IiJ vim. ..L_ SB�FRr A � b /ager irhElcNar on oMv aids No. 608964 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL ectric Co. Attn: McDanibl M 51•cclu. of .rvinr ___ __ ` p nL!J NCIF[I OII NEM S U U •,iNVM1 10 VIIYIV AMO E > > iil.Il 'fii'Jl lir �I Z , AI,, SSG Q p I W IAIIVINI � O yVj OxM 10 WIY:V ANOpA 11 j E" ¢ INIIYIFIU Wi OI NI5PbL 1111 6 t 7 Aim IU To ToIUA II ANJ "IXM114 p W I IVI RV WI nI O Q nl!.IIIICIIUUIIIiLNI TOTAL POSTA OE AND FEES POSTMARK OR DATE �1 . 1 •1 1 �. I•IICROF1LwCo By 1 DORM MIC R(0L A6 rr gpn I l; ,v . 'I I. ,tnlyf 4i ltut ILDILIJ BY JORM h11CRULAB I.LUAI [01,P1LILI Aflu 01-1 1,--.L—, .. U.S. POSTAL SERVICE OFFICIAL BUSINESS PENALTY F UWI of O P`P vawrt d dlAvrtno oNk• ��'� O 0 rSENDER INSTRUCTIONS - U � eC Print in the eoea E•low Your nems. •tlarEss.Indodln0 LP Cad•. . RETURN • II Epedel a•rvlae en MEired.dwck ElodLl on other fide. • TQ • Mdnen Oummfd ride ma fnKN to Wdt of W W. ~ CITY CLERK'S OFFICE ! 'CIVIC CENTER ' d WASHINGTON, ST. >c IOWA CITY1, IA 52240 .;' 1 No. 608964 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL ectric Co. Attn: McDaniel Iowa CitY, IA 5ZZ4U POSTAGE b Cf PPnI"rtf C I!y LL SPECIAL Of LIVERY C RESTRICTED Of tNFRV f LL W u W g JlIvnn+nrcw Asn S > > oArt.uuvunR •�N li Aye 4 i N < IHIIVI PV' WRWln W110414lIUr TI 6 O U j6 TNI IVIRIIIWITNR111IPCIIn It 1 O ZS IIIVRI 911 In W1CN IIR4RYI__WAoRnn aRRMO Z u TRULDRllAflV r y TOTAL POSTAOE AND FEES. S ti P057MARK OR DAIS V o v 0 tr MICROFILMED BY ' JORM MICR(�LAB hill.iWi ILMLU BY JURM MICROLAB • LLUAR RAPLuS AND UL' CITY OF IOWA CITY CIVIC CENTER 410 E WASHINGTON ST IUWA CITY IOWA 52240 (319) 354.18COD March 7, 1978 American Telephone & Telegraph Co. Northwestern Bell Telephone 302 S. Linn St. Iowa City, IA 52240 ATTENTION: MR. MIKE JOHNSTON Dear Mr. Johnston: As required by Ordinance N78-2881, a copy of the Ordinance to Require Gas, Electric, and Communication Franchise Holders to Move Certain of Their Facilities Within the City of Iowa City, Iowa, and to Install Them Underground; to Require Utility Customers in Certain Areas to Remove Aboveground Utility Installations and Install Them Underground; and Providing Procedures and Standards for Exemptions from the Requirements as adopted by the Iowa City Council is attached. Sincerely, IL� ;�Jt��/ = ABBIE STOLFUS CITY CLERK AS:vb Enc. 5 •TI :EICROFILnLO BY I JORM MICR4�LA13 CFOAR nnntn,. . nf6 tdO V r•;,,,IW; iL'IIL0 BY JUHI4 141CkULAu ' gAl00LA1FfIIEY MFOClnlll�(QAbYEf�wr/,MW��CYirl No. 608966 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROYIOEO— NOT FOR INTERNATIONAL MAIL (See Revomal SENT TO AERe Telegrap B ttn: Ch STHEET AND NO 302 S. Linn St. PO STATEANDZIRCODL POSTAGE 5 AT CFRhEIEDFFE i ¢ O DFSTRICUDDLI IVF RV W W U U �JKIWTOAIUVAID nA 1vt Nin wigo mi E N � ¢ N ¢y__ ✓1 '1V1W 10'AIIIV IIAII 0 l W IYIiYI:Iv o. O :19W IO FIg4 ANU IIAII F MJ F K WIVIRDIWIT11,115DWIll) p 2 MIIYIRY N— Z MnVCW TO I1pA1. DAII AMD UAIKIIII :SIIkIIV(RY b11N ¢ NI S TRICTI D IN II VI NY TOTAL POSTAGE AND FEE S f POSTMARK OR OAT MICRIAILMIA) BY DORM MICR46L-A13 T olAv oTr� :'.Il "IF' T MILif01 iLMLO 8Y JoRm 14ICROLAIf • 1, t.UAIf i<AVIu� �fw �� I U.S. POSTAL SERVICE OFFICIAL BUSINESS OF AIP r, Padauk of DeIMrMp O/flo ^' o e - SENDER INSTRUCTIONS e; Prim in the space below vour name. address• Including LP RETURN • II special seMoes are desired. check blockul on other aide. to TQ • Moisten gummed ends and attach back of article. . CITY CLERK'S OFFICE E. .:. CIVIC CENTER 410 WASHINGTON'ST. . r IOWA CITY;;IA 52240 I'I!LkUi-ILMLU BY DORM h11CROLAB CEDAR RAPWS AND �E:, >I�.;��-• ^` 6c