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HomeMy WebLinkAbout2007-10-16 Ordinance (V'\~~ ~ .'". Prepared by: Sunil Terdalkar, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. 07-4?R4 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 45.04 ACRES OF PROPERTY LOCATED EAST OF CAMP CARDINAL BOULEVARD AND SOUTH OF KENNEDY PARKWAY FROM INTERIM DEVELOPMENT OFFICE RESEARCH PARK (ID-ORP) ZONE TO MEDIUM DENSITY SINGLE- FAMILY RESIDENTIAL (RS-8) ZONE WITH A PLANNED DEVELOPMENT OVERLAY (OPD-8) ZONE FOR APPROXIMATELY 33.69 ACRES, INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (10- RS) ZONE FOR APPROXIMATELY 9.32 ACRES, AND INTERIM DEVELOPMENT OFFICE COMMERCIAL (ID-C01) ZONE FOR APPROXIMATELY 2.03 ACRES. (REZ07 -00011) WHEREAS, the applicant, Southgate Development Services, LLC, has requested a rezoning of property located east of Camp Cardinal Boulevard and south of Kennedy Parkway from Interim Development Office Research Park (ID-ORP) zone to Medium Density Single-Family Residential (RS-S) zone with a Planned Development Overlay (OPD-S) zone for approximately 33.69 acres, Interim Development Single-Family Residential (ID-RS) zone for approximately 9.32 acres, and Interim Development Office Commercial (ID- C01) zone for approximately 2.03 acres; and WHEREAS, the Comprehensive Plan indicates that the land is suitable for office and research park type uses, but recognizing the development of Oakdale Campus north of Interstate SO, and the existence of environmentally sensitive areas, the plan also indicates that low to medium density clustered residential development may be appropriate for the area; and WHEREAS, the City adopted'a vision plan-Clear Creek Master Plan-in 2002, which considered the possible street layouts and mix of uses and densities, while minimizing the impact on the environmentally sensitive areas; and WHEREAS, the applicant has submitted a preliminary sensitive areas development plan showing a clustered residential subdivision of 73 townhouse-style multi-family dwellings, 17 attached single-family zero- lot line dwellings and 1S single-family dwellings, and outlots for public open space and preservation of environmentally sensitive areas as private open space; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan and the Clear Creek Master Plan provided that it meets conditions addressing the timely installation of infrastructure improvements and construction of Kennedy Parkway; and WHEREAS, Iowa Code 9414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and the applicant acknowledge that certain conditions and restrictions are reasonable to ensure orderly development, adequate neighborhood connectivity, and to achieve the Comprehensive Plan goals; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. Ordinance No. 07-47R4 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Interim Development Office Research Park (ID-ORP) zone to Medium Density Single-Family Residential (RS-8) with a Planned Development Overlay (OPD-8) zone for approximately 33.69 acres, Interim Development Single-Family Residential (ID-RS) zone for approximately 9.32 acres, and Interim Development Office Commercial (ID-C01) zone for approximately 2.03 acres: ID-ORP to OPD-8 COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, lOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89025'22"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS NOoo07'16"W, TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16019'46"W; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14020'52"E; THENCE N59020'52"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-WAY LINE, 60.0 FEET; THENCE S59020'52"W, ALONG SAID EAST RIGHT-OF- WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75039'08"W; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14043'50"W; THENCE N01011'28"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 364.9 FEET; THENCE S89039'51 liE, 294.4 FEET; THENCE NOoo20'09"E, 64.7 FEET; THENCE NORTHWESTERLY, 163.5 FEET, ALONG AN ARC OF A 750.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 163.2 FOOT CHORD BEARS N05054'30"W; THENCE N12009'09"W, 111.7 FEET; THENCE NORTHEASTERLY, 87.1 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 87.0 FOOT CHORD BEARS N75021'12"E; THENCE NORTHEASTERLY, 51.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 51.0 FOOT CHORD BEARS N74019'08"E; THENCE S14013'17"E, 165.3 FEET; THENCE N80050'07"E, 131.5 FEET; THENCE S23044'18"E, 37.2 FEET; THENCE S82035'11"E, 173.9 FEET; THENCE S2r22'19"E, 813.8 FEET; THENCE S44052'16"E, 219.0 FEET; THENCE SOoo36'32"W, 401.7 FEET; THENCE S59057'49"W, 654.1 FEET; THENCE S89025'22"W, 300.3 FEET, TO SAID POINT OF BEGINNING, CONTAINING 33.69 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ID-ORP to ID-RS COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89025'22"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS NOoo07'16"W; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT- OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16019'46"W; THENCE N30039'08"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE S:\PCDlStaff Reports\ORDlORD REZ07 -00011 CardinalPointSouth.doc Ordinance No. 07-4284 Page 3 SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14020'52"E; THENCE N59020'52"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF- WAY LINE, 60.0 FEET; THENCE S59020'52"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75039'08"W; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14043'50"W; THENCE N01011'28"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 420.6 FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.4 FOOT CHORD BEARS NOoo49'29"W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42001'38"E; THENCE N86053'42"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N03006'18"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 33.0 FEET; THENCE N86053'42"E, 43.6 FEET; THENCE NORTHEASTERLY, 245.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 244.4 FOOT CHORD BEARS N79052'37"E; THENCE NORTHEASTERLY, 51.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 51.0 FOOT CHORD BEARS N74019'08"E, TO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY, 582.9 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 574.7 FOOT CHORD BEARS S87031'24"E; THENCE SOUTHEASTERLY, 252.5 FEET, ALONG AN ARC OF A 793.4 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 251.4 FOOT CHORD BEARS S79056'28"E; THENCE SOoo36'32"W, 30.0 FEET; THENCE S89023'28"E, 5.0 FEET; THENCE SOUTHEASTERLY, 31.4 FEET, ALONG AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 28.3 FOOT CHORD BEARS S44023'28"E; THENCE SOoo36'32"W, 111.0 FEET; THENCE S89023'28"E, 50.0 FEET; THENCE SOoo36'32l'W, 842.3 FEET; THENCE N44052'16"W, 219.0 FEET; THENCE N27022'19"W, 812.8 FEET; THENCE N82035'11"W, 173.9 FEET; THENCE N23044'18"W, 37.2 FEET; THENCE S80050'07''W, 131.5 FEET; THENCE N14013'17"W, 165.3 FEET, TO SAID POINT OF BEGINNING, CONTAINING 9.32 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ID-ORP to ID-C01 COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89025'22"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS NOoo07'16"W; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT- OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16019'46"W; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14020'52"E; THENCE N59020'52"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF- WAY LINE, 60.0 FEET; THENCE S59020'52"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75039'08"W; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14043'50"W; THENCE N01011'28"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 364.8 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING, N01011'28"E, ALONG SAID EAST RIGHT- OF-WAY LINE, 55.8 FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT-OF- WAY LINE, AND AN ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.4 FOOT CHORD BEARS NOoo49'29"W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE S:\PCDlStaff Reports\ORDlORD REZ07 -00011 CardinalPointSouth.doc Ordinance No. 07-4284 Page 4 SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42001'38"E; THENCE N86053'42"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N03006'18"W, ALONG SAID EAST RIGHT-OF- WAY LINE, 33.0 FEET; THENCE N86053'42"E, 43.6 FEET; THENCE NORTHEASTERLY, 157.9 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 157.7 FOOT CHORD BEARS N82022'17"E; THENCE S12009'09"E, 111.7 FEET; THENCE SOUTHEASTERLY, 163.5 FEET, ALONG AN ARC OF A 750.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 163.2 FOOT CHORD BEARS S05054'30"E; THENCE SOoo20'09"W, 64.7 FEET; THENCE N89039'51"W, 294.4 FEET, TO SAID POINT OF BEGINNING, CONTAINING 2.03 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The building official 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 the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. . Passed and approved this.l..6..th day of October ,20....Q.L-. ~u~ MAYOR --- ATTEST ~~A~I( .~ CI LERK Approved by .-? _..~~~4~~ City Attorney's Office 1;..;2 /c;7 S:\PCD\Staff Reports\ORD\ORD REZ07 -00011 CardinalPointSouth.doc Ordinance No. 07-4284 Page 2- It was moved by Bailey and seconded by Vanderhoef as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x X X X First Consideration 9/18/2007 Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef ,Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration 10 / 2 / 2007 Voteior;passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Date published 10/24/2007 Prepared by: Sunil Terdalkar, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5243 (REZ07-00011) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and The Crossing Development LC (hereinafter "Owner") and Southgate Development Services, LLC (hereinafter "Applicant"); WHEREAS, Owner is the legal title holder of approximately 45.04 acres of property located east of Camp Cardinal Boulevard and south of Kennedy Parkway and as legally described below; and WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property from Interim Development Office Research Park (ID-ORP) zone to Medium Density Single- Family Residential (RS-8) zone with a Planned Development Overlay (OPD-8) zone for approximately 33.69 acres, Interim Development Single-Family Residential (ID-RS) zone for approximately 9.32 acres, and Interim Development Office Commercial (ID-C01) zone for approximately 2.03 acres; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions addressing the timely installation of infrastructure improvements and construction of Kennedy Parkway, the proposed rezoning complies with the Comprehensive Plan and the Clear Creek Master Plan; and WHEREAS, Iowa Code S414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for orderly development, neighborhood compatibility, and adequate connectivity; and WHEREAS, the Owner and Applicant agree to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The Crossing Development LC is the legal title holder of the property legally described as follows: COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89025'22"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS ppdadmlagVcza rez07 -00011 cardinalpointsouth.doc 1 NOOOO7'16'W, TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY, 3S0.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16019'46"W; THENCE N30039'08'W, ALONG SAID EAST RIGHT-OF-WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14020'52"E; THENCE N59020'52"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N30039'OS'W, ALONG SAID EAST RIGHT-OF-WAY LINE, 60.0 FEET; THENCE S59020'52'W, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 2S.3 FOOT CHORD BEARS N75039'OS'W; THENCE N30039'OS'W, ALONG SAID EAST RIGHT-OF-WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT- OF-WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14043'50'W; THENCE N01011'28"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 420.6 FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.4 FOOT CHORD BEARS NOoo49'29'W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42001'3S"E; THENCE N86053'42"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N03006'18'W, ALONG SAID EAST RIGHT-OF-WAY LINE, 33.0 FEET; THENCE NS6053'42"E, 43.6 FEET; THENCE NORTHEASTERLY, 245.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 244.4 FOOT CHORD BEARS N79052'37"E; THENCE SOUTHEASTERLY, 633.S FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 623.3 FOOT CHORD BEARS SS805S'59"E; THENCE SOUTHEASTERLY, 252.5 FEET, ALONG AN ARC OF A 793.4 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 251.4 FOOT CHORD BEARS S79056'28"E; THENCE SOoo36'32"W, 30.0 FEET; THENCE S89023'28"E, 5.0 FEET; THENCE SOUTHEASTERLY, 31.4 FEET, ALONG AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 2S.3 FOOT CHORD BEARS S44023'2S"E; THENCE SOoo36'32'W, 111.0 FEET; THENCE S89023'28"E, 50.0 FEET; THENCE SOoo36'32'W, 1244.0 FEET; THENCE S59057'49'W, 654.1 FEET; THENCE SS9025'22'W, 300.3 FEET, TO SAID POINT OF BEGINNING, CONTAINING 45.04 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner and Applicant acknowledge(s) that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the need for orderly development, neighborhood compatibility, and adequate connectivity. Further, the parties acknowledge that Iowa Code 9414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree(s) that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. the section of Kennedy Parkway between Camp Cardinal Road and Camp Cardinal Boulevard will be platted, and the necessary right-of-way will be dedicated and a letter of credit for the cost of installing the water main in this section of the street will be provided at the time of final plat approval; ppdadmlagVcza rez07 -00011 cardinalpointsouth.doc 2 b. installation of the sub-grade for this section of Kennedy Parkway will be constructed by the applicant and/or owner prior to January 1, 2009; c. this section of Kennedy Parkway will be constructed when the school site (located north of Kennedy Parkway) is developed, or Outlot C of Cardinal Pointe South is developed, whichever occurs first, but in no case shall the road be constructed later than January 1, 2010; and d. if the sub-grade is not constructed prior to January 1, 2009, or if the road is not built prior to January 1 J 2010, issuance of building permits will cease for Cardinal Pointe South subdivision. 4. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code 9414.5 (2007), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning 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 with title to the land, unless or until released of record by the City of Iowa 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 Owner and Applicant acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other 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 at the Applicant's expense. #.. Dated this It, day of 6c..T08E.It: ,20..,QL. CC;Z:At~ J{L Ross Wilburn, Mayor -- ~~~~ By' ~c~1JS;s. C:e.Ave~ '^^ 'A t..n'\ (i..~ e- ~ ~ ~f,&~" \)e1l6"'-""'" /....C- I~~~ By: --ff.et:fSA IV1 oUdsV tJ,J:t::.6 ~~""r SOlA.TMG.Ul:: \)eveG()PtM~ Seev..rc::.es, L'-<. Attest: 7~~. -'~J Mar n K. Karr, City Clerk 7;:;;.~ "'city Attorney's Office '/"/ d7 ppdadmlagUcza rez07 -00011 cardinalpointsouth.doc 3 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this lIP ~ day of O~.:rQ8E:rz. , AD. 20~, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. s~F~ Notary Public in and for the State of Iowa My commission expires: '3/7/o'l'oo1 THE CROSSING DEVELOPMENT LC ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this A day of~ ,AD. 20!ll, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~ ~ <XC). ~ , to me personally known, who being by me duly sworn, did say that the person is ~ (title) of . hM.lCpWl( nJ- ~ and that said instrument was signed on behalf of the said limited lability company by authority of its managers and the said f{V'1.~ acknowledged the execution of said instrument to be the voluntary act and deecJ6f said limited liability company by It voluntarily executed. ANGELA JACOBY ~~\ Commission Number 7~784 .. ~ My Comrmuion ExptreS ''''~ .~~J~ Notary Pu lic in and r the Stat of Iowa My commission expires: SOUTHGATE DEVELOPMENT SERVICES LLC ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ day of ~~Lrn.btr" , AD. 20..ol, before me, the undersigned, a Notary Public in and for the Sta~ '-;wa, personally appeared ~ttSG..- t'YlOYYOW , to me ~rsonally known, who being by me duly sworn, did say that the person is ~":t= (title) of ~~. c... rt.L- ~nr((~~, and that said instrument was signed on behalf of the ppdadmlagUcza rez07 -00011 cardinalpointsouth.doc 4 said limited liability company by authority of its managers and the said \J \re Pve.~ \~ .n.+ acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. :At 1.",1rl ANGELA JACOBY CommiSSton Number 722784 My CommisSion Expires ppdadmlagtlcza rez07 -00011 cardinalpointsouth.doc 5 ~ Prepared by Eleanor Dilkes, City Attorney, 410 E.Washington St., Iowa City, IA 52240 (319)356-5030 ORDINANCE NO. AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, A NATURAL GAS SYSTEM FOR A PERIOD OF TEN YEARS, WITH A TEN YEAR AND FIVE YEAR RENEWAL THEREAFTER, TO RNISH, DELIVER AND SEll NATURAL GAS TO SAID CITY AND ITS INHABITA S. WHEREAS, the franchise previously granted by the City to MidAmeri Company's successor and codified at Chapter 2, Title 12 of the City Co November 2001; and n Energy expired in WHEREAS, the City and MidAmeric n Energy Company have franchise agreement on the terms set fo h herein; and WHEREAS, it is deemed in the interest 0 the City and its citize to enact the following franchise ordinance. NOW THEREFORE, BE IT ENACTED by t City Counci of the City of Iowa City, that Title 12, Chapter 2 of the City Code is hereb repealed i Its entirety and the following is substituted in lieu thereof: \ 12-2-1. There is hereby granted to 'd erican Energy Company, an Iowa corporation, hereinafter called "Company," and 0 its successor and assigns the right and franchise to acquire, construct, erect, ma' ta and operate in the City of Iowa City, Iowa hereinafter called the "City," a gas dist' utio system, to furnish natural gas along, under and upon the streets, avenues, eys an rights of way of the City to serve customers within and without the City a to furnis and sell natural gas to the City and its inhabitants. The City Council res es to itself he right to extend this franchise to other public places upon request fr the Company Rights are hereby granted for all existing facilities located in other ~ blic places prior to the date of this agreement. 12-2-2. The City may erminate this franchise y resolution adopted more than one, but less than two~ yar prior to the tenth annive ary of the effective date of this Ordinance. In the event t City Council does adopt su a resolution, this franchise will terminate on the tenth a iversary of the effective date. n the event such a resolution is not adopted the City I1)BY terminate this franchise only b resolution adopted more than one but less than tW9-"Years prior to the twentieth anniver ry of the effective date of this Ordinance. In the ~ent the City Council does adopt such a resolution this franchise will terminate on the ~entieth anniversary of the effective dat . If neither such resolution is adopted this franchise will terminate on the twenty-fifth ann I ersary of the effective date. / . I 12-2-,3. The rights and privileges hereby granted to he Company its successors and assig~ are subject to applicable provisions of the 10 a Code, including but not limited to/ the restrictions and limitations of Iowa Code Chapter 364 (2007) or as subseq~ntly amended or changed, the Code of Ordinances of the City of Iowa City, any other 9lPplicable statues or regulations promulgated by Federal or State agencies under federal or state laws, all of said laws, codes, ordinances, statutes and regulations as presently enacted or subsequently amended. The Company reserves the right to .! -1- challenge or contest the City's interpretation or application of any of said laws, codes, ordinances, statutes, and regulations. The City may make such lawful and reasonable amendments to the provisions of the Code of Ordinances of the City of Iowa City affecting or regulating the Company in its operation of the natural gas utility, as the City deems necessary and proper, within the scope of its authority as authorized by the Constitution and Code of Iowa. The franchi~nted herein shall not restrict in any manner the right of the City in the exercise any power which it now has or which may hereafter be authorized or permitted by t Constitution or laws of the State of Iowa. 12-2-4. The Company shall ve the right to excavate in any City street, avenue or alley for the purpose of laying, relaying, repairing or extending gas pipes, mains, conduits, and other gas system omponents provided the same shall be placed in accord with this franchise and an regulation the City may from time to time adopt 9r amend regarding the placement of acilities or structures of utilities, provided same is)'lot in conflict with Company's standa s or state and federal regulation, and other riJ1ht of way users' facilities or structures, i the right of way. / ,/< / 12-2-5. The Company is authorized to make excavations in 91ty streets, avenues and alleys for purposes of routine repair, replacement, and main).enance of gas pipes, mains, conduits, and other g s system components. In making s,Jdch excavations, the Company shall not unnecessaril obstruct the use of streets, ave9des or alleys, shall provide the Public Works Direc or with 24 hours notice ,,prior to the actual commencement of the work, and sh II comply with all provisions/and requirements of the City in its regulation of the use 0 City right of way in p~!'forming such work. The Company shall not dig or otherwise excavate under the yanopy of any tree on public ground, unless using trencherless t chnologies or directional boring. In emergencies which require immediate excavation, he Company may proceed with the work without first applying for or obtaining the pe mit, provided, however, that the Company shall apply for and obtain the excavation p mit as soon as possible after commencing such emergency work. 12-2-6. Prior to commencing sig ificant construction or maintenance projects in the public right of way, the Company sh II use its best efforts to notify the contiguous affected customers. Best efforts shall in ude but are not limited to at least one of the following: door hangers, telephone cont t, or direct mail. Notification shall not be required in the event of emergency repairs r natural gas restoration efforts. 12-2-7. The Company shall indemnif and save harmless the City from any and all claims, suits, losses, damages, costs or ex enses, on account of injury or damage to any person or property, caused or occasione in whole or in part, by the Company's negligence in construction, reconstruction, exc vation, operation or maintenance of the natural gas facilitif?s authorized by this franchis . provided, however, that the Company shall not be obligated to defend, indemnify and s ve harmless the City for any costs or damages arisipg from the negligence of the City, it officers, employees or agents. / 12-J:'8. The Company, and its successors nd assigns, is authorized to extend its naturf gas distribution system and to engage in repair work and to install new gas distribution and transmission facilities within the City. \ \ -2- 12-2-9. The Company shall maintain the availability of service throughout the entire City including newly annexed areas, by extending natural gas facilities in a manner consistent with Iowa law. 12-2-10. The City shall, in the extension or modification of streets and roads, make provision for the placement of Company service lines and facilities on City-owned ! right of way without charge to Company. In planning for the extension or modification 0 streets and roads, the City shall, to the extent practicable in the discretion of its Pu c Works Director, design such chan es to limit the need for the relocation of Com any facilities. Nothing in this franchi shall be construed as a guarantee that i either existing right of way or in future cquired right of way the City will prov;X'de ufficient space for any particular need of th Company nor shall the City be requir to obtain additional right of way solely for the se of the Company. ' / / 12-2-11. The said Company, its successors and assigns, ~ long as it shall operate under the terms of this franchi e, shall furnish natural gas !Ji'sufficient quantities to supply the reasonable demands of s "d City and the inhabitan!?thereof in accordance with the Company's rules, regulations an conditions of servic~s approved by the Iowa Utilities Board. / / 12-2-12. The Company shall make n annual ~~~n report to the City Council summarizing community contributions which benefit t~ people of Iowa City which have been made by the Company or its Foundatio . The,.Written report shall include the name of each entity to which such contributions ha~ been made, the amount of such contribution and a comparison showing contr 'tions for that year and the three prior years. The report shall be filed with the City.(2' uncil within three months of the close of the Company's fiscal year. // / / 12-2-13. The City reserves the j1ght to i ose a franchise fee pursuant to the Iowa Code, on the gross revenue of t~_Company, inus uncollectible accounts, derived from the distribution, delivery and ~tail sale of n tural gas by the Company or other natural gas providers utilizing th1 distribution syst m of the Company, to customers within the current or future co}porate limits of the City. The City shall provide the Company with 90-days advan~ notice of the effectiv date of any franchise fee put into effect by the City. The CiV may require the Com ny to provide an accounting to establish that the fee has b~en correctly calculated. T City may include a requirement that an audit of the cal.6ulation and basis for calc lation of the franchise fee be conducted by an auditcl of the City's selection and th Company will cooperate with such an audit. Said a\ldit shall not be conducted more t n once a year. The City shall pay the costs of the 91udit unless the audit shows an und rpayment of franchise fees by an amount equal tq/3% or more of the fees, in which eve t the Company shall pay the cost of the audit. i ;' ~ , 12-2-1~/With the permission of the City Council, to b separately given in regard to each appli9!'tion to use powers of eminent domain, Com pa \ y shall have the power to condemn prwate property for the purpose of providing natural gas to the public and in a reasonabl~/relationship to an overall plan of distributing natural gas within the City. The Company/must establish the necessity of each taking of private property and, when so establislied, the City Council shall approve the condemnation of the private property by resolution if the Council finds the use of such powers is in the public interest, does not -3- create an unacceptable public safety problem and there is not any reasonable alternative. 12-2-15. The Company shall, at its cost and expense, locate and relocate its installations in, on, over or under any public street or alley in the City in such manner as the City may at any time reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of any public improvement of, in, or about any such street or alley, or promoting the efficient operation of any such improvement. // // 12-2-16. The Company hall, at all times during which this franchise is in aff~ maintain, administer and operat such energy efficiency and/or conservation pr~ms within the City, as may be approv by the Iowa Utilities Board. / / 12-2-17. If requested by the City the Company shall participate ~ disaster or emergency response communication task force to address such top!95' as a dedicated communications link between the CI and the Company durir).~ emergencies, an interoperable radio communications stem between the Co any and the City, a reverse telephone messaging system a d participation by t Company in City and Johnson County joint drills and emergen y training exerc' es. It is the intent of the parties that such participation may be estab 'shed by a se arate agreement which refers to this franchise. / / " The City expressly reserves th}{right to ter inate the franchise granted herein if the Company breaches any of the provisions of this franchise; provided, however, there shall be no termination if the Company shall correc the breach within sixty (60) days following written notice provide9' by the City to do so. The Company shall,,rlot be excused from com lying with any of the terms and conditions of this franchise by any failure of the City to insist upon or seek compliance with any such terms oritonditions. Further, it is agree that the subject matter of this franchise is unique a[ltl may be enforced by specific pe ormance, at the City's option, since a remedy at I~W may be inadequate. 12-2-19. iThis Ordinance shall become effective a d binding upon its approval and passage ir:t' accordance with Iowa law and the written a ceptance by the Company. The Compani shall within thirty (30) days after the approval f this ordinance by the City Council, fil~/in the office of the clerk of the City its acceptanc in writing of all the terms and prOVisions of this ordinance. Following City Council appro I and written acceptance by the C,6mpany, this ordinance shall be published in the low City Press Citizen. The effectil date of this Ordinance shall be the date of publication. \ i 12-2-20. If any of the provisions of this franchise ordinance are for any reason declared to be illegal or void, the lawful provisions of this franchise ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the franchise ordinance contained no illegal or void provisions. In the event n ind the City and the Company and assignment by the Company shall be solution, which approval shall not be 12-2-18. This franchise shall apply to their successors and assigns; provided that a.. subject to the approval of the City Council pY unreasonably withheld. /' -4- any provision or provisions are ruled illegal or void by a court of competent jurisdiction, the City and the Company shall forthwith amend this franchise to insert a successor provision that complies with the applicable court ruling. 12-2-21. All ordinances or arts of ordinances in conflict herewith aJe hereby repealed. PASSED AND APPROVED this _ day of 2007. ATTEST: \ \ ,/ \- CITY.OF IOWA CITY, IOWA By Mayor // A~~~ City Attorney's Office q - j I - lJ7 City Clerk / .' ./ annen/ord&res/MidAmGa~~nchise.doc ,. , / ,/ ,. ,. I I I 1 \ \ \ \ \ \ \ i ,/ ,I / / -5- Prepared by Eleanor Dilkes, City Attorney, 410 EWashington St., Iowa City, IA 52240 (319)356-5030 ORDINANCE NO. AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, A NATURAL GAS SYSTEM FOR A PERIOD OF TEN YEARS, WITH A TEN YEAR AND FIVE YEAR RENEWAL THEREAFTER, TO FURNISH, DELIVER AND SELL NATURAL GAS TO SAID CITY AND ITS INHABITANTS. WHEREAS, the franchise previously granted by the City to MidAmerican Energy Company's successor and codified at Chapter 2, Title 12 of the City Code expired in November 2001; and WHEREAS, the City and MidAmerican Energy Company have negotiated a new franchise agreement on the terms set forth herein; and WHEREAS, it is deemed in the interest of the City and its citizens to enact the following franchise ordinance. NOW THEREFORE, BE IT ENACTED by the City Council of the City of Iowa City, that Title 12, Chapter 2 of the City Code is hereby repealed in its entirety and the following is substituted in lieu thereof: 12-2-1. There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called "Company," and to its successor and assigns the right and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City, Iowa hereinafter called the "City," a gas distribution system, to furnish natural gas along, under and upon the streets, avenues, alleys and rights of way of the City to serve customers within and without the City and to furnish and sell natural gas to the City and its inhabitants. The City Council reserves to itself the right to extend this franchise to other public places upon request from the Company. Rights are hereby granted for all existing facilities located in other public places prior to the date of this agreement. 12-2-2. The City may continue this franchise by resolution adopted more than one, but less than two years prior to the tenth anniversary of the effective date of this Ordinance. In the event the City Council does not adopt such a resolution, this franchise will terminate on the tenth anniversary of the effective date. The City may continue this franchise by resolution adopted more than one but less than two years prior to the twentieth anniversary of the effective date of this Ordinance. In the event the City Council does not adopt such a resolution, this franchise will terminate on the twentieth anniversary of the effective date. If both such resolutions are adopted, this franchise will terminate on the twenty-fifth anniversary of the effective date. 12-2-3. The rights and privileges hereby granted to the Company its successors and assigns are subject to applicable provisions of the Iowa Code, including but not limited to the restrictions and limitations of Iowa Code Chapter 364 (2007) or as subsequently amended or changed, the Code of Ordinances of the City of Iowa City, any other applicable statues or regulations promulgated by Federal or State agencies under federal or state laws, all of said laws, codes, ordinances, statutes and regulations as presently enacted or subsequently amended. The Company reserves the right to -1- challenge or contest the City's interpretation or application of any of said laws, codes, ordinances, statutes, and regulations. The City may make such lawful and reasonable amendments to the provisions of the Code of Ordinances of the City of Iowa City affecting or regulating the Company in its operation of the natural gas utility, as the City deems necessary and proper, within the scope of its authority as authorized by the Constitution and Code of Iowa. The franchise granted herein shall not restrict in any manner the right of the City in the exercise of any power which it now has or which may hereafter be authorized or permitted by the Constitution or laws of the State of Iowa. 12-2-4. The Company shall have the right to excavate in any City street, avenue or alley for the purpose of laying, relaying, repairing or extending gas pipes, mains, conduits, and other gas system components provided the same shall be placed in accord with this franchise and any regulation the City may from time to time adopt or amend regarding the placement of facilities or structures of utilities, provided same is not in conflict with Company's standards or state and federal regulation, and other right of way users' facilities or structures, in the right of way. 12-2-5. The Company is authorized to make excavations in City streets, avenues and alleys for purposes of routine repair, replacement, and maintenance of gas pipes, mains, conduits, and other gas system components. In making such excavations, the Company shall not unnecessarily obstruct the use of streets, avenues or alleys, shall provide the Public Works Director with 24 hours notice prior to the actual commencement of the work, and shall comply with all provisions and requirements of the City in its regulation of the use of City right of way in performing such work. The Company shall not dig or otherwise excavate under the canopy of any tree on public ground, unless using trencherless technologies or directional boring. In emergencies which require immediate excavation, the Company may proceed with the work without first applying for or obtaining the permit, provided, however, that the Company shall apply for and obtain the excavation permit as soon as possible after commencing such emergency work. 12-2-6. Prior to commencing significant construction or maintenance projects in the public right of way, the Company shall use its best efforts to notify the contiguous affected customers. Best efforts shall include but are not limited to at least one of the following: door hangers, telephone contact, or direct mail. Notification shall not be required in the event of emergency repairs or natural gas restoration efforts. 12-2-7. The Company shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs or expenses, on account of injury or damage to any person or property, caused or occasioned in whole or in part, by the Company's negligence in construction, reconstruction, excavation, operation or maintenance of the natural gas facilities authorized by this franchise; provided, however, that the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages arising from the negligence of the City, its officers, employees or agents. 12-2-S. The Company, and its successors and assigns, is authorized to extend its natural gas distribution system and to engage in repair work and to install new gas distribution and transmission facilities within the City. -2- 12-2-9. The Company shall maintain the availability of service throughout the entire City including newly annexed areas, by extending natural gas facilities in a manner consistent with Iowa law. 12-2-10. The City shall, in the extension or modification of streets and roads, make provision for the placement of Company service lines and facilities on City-owned right of way without charge to Company. In planning for the extension or modification of streets and roads, the City shall, to the extent practicable in the discretion of its Public Works Director, design such changes to limit the need for the relocation of Company facilities. Nothing in this franchise shall be construed as a guarantee that in either existing right of way or in future acquired right of way the City will provide sufficient space for any particular need of the Company nor shall the City be required to obtain additional right of way solely for the use of the Company. 12-2-11. The said Company, its successors and assigns, as long as it shall operate under the terms of this franchise, shall furnish natural gas in sufficient quantities to supply the reasonable demands of said City and the inhabitants thereof in accordance with the Company's rules, regulations and conditions of service as approved by the Iowa Utilities Board. 12-2-12. The Company shall make an annual written report to the City Council summarizing community contributions which benefit the people of Iowa City which have been made by the Company or its Foundation. The written report shall include the name of each entity to which such contributions have been made, the amount of such contribution and a comparison showing contributions for that year and the three prior years. The report shall be filed with the City Council within three months of the close of the Company's fiscal year. 12-2-13. The City reserves the right to impose a franchise fee pursuant to the Iowa Code, on the gross revenue of the Company, minus uncollectible accounts, derived from the distribution, delivery and retail sale of natural gas by the Company or other natural gas providers utilizing the distribution system of the Company, to customers within the current or future corporate limits of the City.. The City shall provide the Company with 90-days advance notice of the effective date of any franchise fee put into effect by the City. The City may require the Company to provide an accounting to establish that the fee has been correctly calculated. The City may include a requirement that an audit of the calculation and basis for calculation of the franchise fee be conducted by an auditor of the City's selection and the Company will cooperate with such an audit. Said audit shall not be conducted more than once a year. The City shall pay the costs of the audit unless the audit shows an underpayment of franchise fees by an amount equal to 3% or more of the fees, in which event the Company shall pay the cost of the audit. 12-2-14. With the permission of the City Council, to be separately given in regard to each application to use powers of eminent domain, Company shall have the power to condemn private property for the purpose of providing natural gas to the public and in a reasonable relationship to an overall plan of distributing natural gas within the City. The Company must establish the necessity of each taking of private property and, when so established, the City Council shall approve the condemnation of the private property by resolution if the Council finds the use of such powers is in the public interest, does not -3- create an unacceptable public safety problem and there is not any reasonable alternative. 12-2-15. The Company shall, at its cost and expense, locate and relocate its installations in, on, over or under any public street or alley in the City in such manner as the City may at any time reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of any public improvement of, in, or about any such street or alley, or promoting the efficient operation of any such improvement. 12-2-16. The Company shall, at all times during which this franchise is in affect, maintain, administer and operate such energy efficiency and/or conservation programs within the City, as may be approved by the Iowa Utilities Board. 12-2-17. If requested by the City the Company shall participate in a disaster or emergency response communications task force to address such topics as a dedicated communications link between the City and the Company during emergencies, an interoperable radio communications system between the Company and the City, a reverse telephone messaging system and participation by the Company in City and Johnson County joint drills and emergency training exercises. It is the intent of the parties that such participation may be established by a separate agreement which refers to this franchise. 12-2-18. This franchise shall apply to and bind the City and the Company and their successors and assigns; provided that any assignment by the Company shall be subject to the approval of the City Council by resolution, which approval shall not be unreasonably withheld. The City expressly reserves the right to terminate the franchise granted herein if the Company breaches any of the provisions of this franchise; provided, however, there shall be no termination if the Company shall correct the breach within sixty (60) days following written notice provided by the City to do so. The Company shall not be excused from complying with any of the terms and conditions of this franchise by any failure of the City to insist upon or seek compliance with any such terms or conditions. Further, it is agreed that the subject matter of this franchise is unique and may be enforced by specific performance, at the City's option, since a remedy at law may be inadequate. 12-2-19. This Ordinance shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company. The Company shall within thirty (30) days after the approval of this ordinance by the City Council, file in the office of the clerk of the City its acceptance in writing of all the terms and provisions of this ordinance. Following City Council approval and written acceptance by the Company, this ordinance shall be published in the Iowa City Press Citizen. The effective date 9f this Ordinance shall be the date of publication. 12-2-20. If any of the provisions of this franchise ordinance are for any reason declared to be illegal or void, the lawful provisions of this franchise ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the franchise ordinance contained no illegal or void provisions. In the event -4- any provision or provisions are ruled illegal or void by a court of competent jurisdiction, the City and the Company shall forthwith amend this franchise to insert a successor provision that complies with the applicable court ruling. 12-2-21. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this _ day of 2007. CITY OF IOWA CITY, IOWA By Mayor City Clerk ~r?v~d b~ lM- ~lc./ A-- I V ..-IIP - lJ-( City Attorney's Office ATTEST: annen/ord&res/MidAmGasfranchise.doc -5- Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 1 n / 1 n / ') nn 7 Vote for passage: AYES: Ch,ampion, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: Correia. ABSENT: None. Second Consideration Vote for passage: Date published 1 ;.J Prepared by Eleanor Dilkes, City Attorney, 410 EWashington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, AN ELECTRIC LIGHT AND POWER SYSTEM FOR A PERIOD OF TEN YEARS, WITH A TEN YEAR AND FIVE YEAR RENEWAL THEREAFTER, TO FURNISH AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS. WHEREAS, the franchise previously granted by the City to MidAmerican Energy Company's successor and codified at Chapter 1, Title 12 of the City Code expired in November 2001; and WHEREAS, the Cit idAmerican Energy Company have negotiated franchise agreement on the ter set forth herein; and WHEREAS, it is deemed in the inte franchise ordinance. NOW THEREFORE, BE IT ENACTED b the City Council of e City of Iowa City, that Title 12, Chapter 1 of the City Code is her y repealed in it ntirety and the following is substituted in lieu thereof: 12-1-1. There is hereby granted to id erican Energy Company, an Iowa corporation, hereinafter called the "Company," a its successors and assigns, the non- exclusive right and franchise to acquire, co tr ct, erect, maintain and operate in the City of Iowa City, hereinafter the "City," al} lectri light and power system including the right to erect and maintain the necessaJf poles, lin s, wire, transmission lines, conduits and other appliances for the transmission and distrib tion of electric energy along, under and upon the streets, avenues an;('alleys to serve ustomers within and without said City , and to furnish and sell el~6tric energy to said 'ty and its inhabitants. The City Council reserves to itself the right to extend this francH' e to other public places at the request of the Company. RjQhts are hereby granted for all existing facilities located in other public places prior t9'the date of this agreement. / .' 12-1-2. The 9fty may terminate this franchise by re olution adopted more than one, but less than wo years prior to the tenth anniversary the effective date of this Ordinance. In th event the City Council does adopt such a re lution, this franchise will terminate on th tenth anniversary of the effective date. In the e ent such a resolution is not adopted e City may terminate this franchise only by resoluil<:>n adopted more than one but les than two years prior to the twentieth anniversary of th~ effective date of this Ordinanc . In the event the City Council does adopt such a resolutton this franchise will term~lna on the twentieth anniversary of the effective date. If neither such resolution is adopt this franchise will terminate on the twenty-fifth anniversary of the effective date. 12-1-3. The rights and privileges hereby granted to the Company its successors and assigns are subject to applicable provisions of the Iowa Code, including but not limited to the restrictions and limitations of Iowa Code Chapter 364 (2007) or as subsequently amended or changed, the Code of Ordinances of the City of Iowa City, any other applicable statues or regulations promulgated by Federal or State agencies under -1- ~uurl C::t~pU:::':::'IUIC CllLel '-'VIIIIIICII'-'III~ ~U\JII ""III""I~,"""I '''''''I ....._-,' federal or state laws, all of said laws, codes, ordinances, statutes and regulations as presently enacted or subsequently amended. The Company reserves the right to challenge or contest the City's interpretation or application of any of said laws, codes, ordinances, statutes, and regulations. The City may make such lawful and reasonable amendments to the provisions of the Code of Ordinances of the City of Iowa City affecting or regulating the Company in its operation of the electric utility, as the City deems necessary and proper, within the scope of its authority as authorized by the Constitution and Code of Iowa. The franchise granted herein shall not restrict in any manner the right of the City in the exercise of any power which it now has or which may hereafter be authorized or permitted by the Constitution or laws of the State of Iowa. 12-1-4. Nothing in this agree to limit or prohibit the City, residents or business s of Iowa City from participatin . or enjoying any benefits and protections of a restru tured retail electric utility in stry to the extent that such benefits and protections are m de available to consume of competitive retail electric services under state and federal les, regulations and I 12-1-5. The Company shall have the right to ere all necessary poles and to place thereon the necessary wires, fixtur and access les as well as to excavate and bury conduits or conductors for the distrib tion of elec c energy in and through the City, provided the same shall be placed in acc rd with IS franchise and any regulation the City may from time to time adopt or am nd r arding the placement of facilities or structures of utilities, and other right of wa us rs' facilities or structures, in the right of way. All electric utility system componentsced above, upon, in or under public right- of way, and the wires placed thereon or th in, shall comply with the National Electrical Safety Code as adopted by the regulati s. f the Iowa Utilities Board. The Company shall not without express approval fro the Qity place in the right of way any substation operating at greater than 15,000 v ts, tra~miSSion lines, equipment or appliances operated at greater than 15,00..0 ~Its or pa mounted distribution facilities of greater than 15,000 volts serving an un~,rground distri ution feeder system. / 12-1-6. The Company"ls authorized to m ke excavations in City streets, avenues and alleys for purposes of joutine repair, replace ent, and maintenance of poles, wires, conduits, lines or other ~ctric utility system com onents. In making such excavations, the Company shall ob)ain a City permit therefor and shall not unnecessarily obstruct the use of streets, q4enues or alleys, shall provi the Public Works Director with 24 hours notice prior J6 the actual commencement 0 the work, and shall comply with all provisions and r~uirements of the City in its regulat n of the use of City right of way in performing suen work. In emergencies which r uire immediate excavation, the Company m y proceed with the work without first ap lying for or obtaining the permit, provided, wever, that the Company shall apply for an obtain the excavation permit as soon as ossible after commencing such emergency wo . 12-1-7. Prior to commencing significant constructi or maintenance projects in th public right of way, the Company shall use its best e rts to notify the contiguous ected customers. Best efforts shall include but are not Ii ited to at least one of the 9l1owing: door hangers, telephone contact, or direct mail. Notification shall not be equired in the event of emergency repairs or electric outage re toration efforts. 12-1-8. The Company is authorized and empowere consistent with this { franchise to prune or remove at Company expense any tree exte ding into any street, -2- alley, right of way or public grounds to maintain electric reliability, safety, to restore utility service and to prevent limbs, branches or trunks from interfering with the wires and facilities of the Company. The pruning shall be completed in accordance with nationally accepted safety and utility industry standards, ANSI Z133.1 -2006, American National Standard for Arboriculture Operations- Safety Requirements, and ANSI A300 (part 1) - 2001 Pruning, American National Standard for Tree, Shrub, and other Woody Plant Maintenance - Standard of Practices Pruning....-Ofsubsequ~nt revisions to these standards, and City ordinances regardjpg--ttfe-'pruning of trees \ d the protection of its facilities upon public ground. ThJ~26mpany shall not remove or p une any tree on public grounds, other than right of ..., except in an emergency or whe necessary to alleviate an existing electrical outage without first obtaining permission 0 the City's Public Works Director, nor shall the Comp ny dig or otherwise excavate un r the canopy of any tree on public ground, unless usi trencherless technologies or rectional boring, except in an emergency or when nec sary to alleviate an existi electrical outage, without having first given the City's Pub'c Works Director 24 hour notice. 12-1-9. The Company sha indemnify and sav harmless the City from any and all claims, suits, losses, damages, c sts or expenser, on account of injury or damage to any person or property, caused or 0 asioned injNhole or in part, by the Company's negligence in construction, reconstructi ,exca~tion, operation or maintenance of the electric facilities authorized by this franchl e; p~vided, however, that the Company shall not be obligated to defend, indemnify an ,save harmless the City for any costs or damages arising from the negligence of the '. y, its officers, employees or agents. / 12-1-10. The Company, and its sUccess s and assigns, is authorized to extend its lines, wires and conduits, to exparid its tran mission and distribution systems, to engage in repair work and to install niw distribution and transmission systems within the City. i ,/ 12-1-11. The Company;shall maintain the ava ability of service throughout the entire City including newly annexed areas, excluding areas designated by the Iowa Utilities Board to be the eiclusive service territory 0 another electric provider, by extending lines or facilitiesln a manner consistent with 10 law. 12-1-12. The 9ity shall, in the extension or modifi tion of streets and roads, make provision for tt).e placement of Company service lines nd facilities on City-owned right of way withouVcharge to Company. In planning for the e tension or modification of streets and road~,('the City shall, to the extent practicable in t e discretion of its Public Works Director (design such changes to limit the need for th relocation of Company facilities. ~o ing in this franchise shall be construed as a arantee that in either existing righ of way or in future acquired right of way the Cit will provide sufficient space for ny particular need of the Company nor shall the City e required to obtain additiona right of way solely for the use of the Company. 12-1-13. The said Company, its successors and assigns, a long as it shall oper e under the terms of this franchise, shall furnish electric en y in sufficient qua tities to supply the reasonable demands of said City and the inhabi nts thereof in acc d~nce with the Company's rules, regulations and conditions of service as approved by the Iowa Utilities Board. -3- 12-1-14. The Company shall make an annual written report to the City Council summarizing community contributions which benefit the people of Iowa City which have been made by the Company or its Foundation. The written report shall include the name of each entity to which such contributions have been made, the ount of such contribution and a comparison showing contributions for that year a the three prior years. The report shall be filed with the City Council within three mo hs of the close of the Company's fiscal year. 12-1-15. The City shall be privileged upon 30-days a vance notice to the Company, without charge, to make use of the distribution poles 0 the Company that are placed within City right of way for any City alarm, City control or City communication function, excludin any paid subscriber services (but including any City owned cable or wireline communic tion system for which use the City shall ay an amount consistent with federal law), to the extent that such use shall not int rfere with their use by the Company, but the Ci shall hold the Company harmless from any and all causes of action, litigation or da ges arising through the placing 0 the facilities of the City upon the Company's poles. If t the sole discretion of the Co any, it is determined that said attachments may create a learance violation or other azardous situation, or that wind or other conditions may pia undue stress on specific Company facilities, the City shall not be authorized to attach to those facilities. If attachments are in place, upon notification by the Company 0 damage or potenti damage, the City shall promptly remove said attachments. 12-1-16. The City reserves e right to i pose a franchise fee pursuant to the Iowa Code, on the gross revenue of tH Com pan , minus uncollectible accounts, derived from the distribution and the retail sale electri ity by the Company to customers within the current or future corporate limits of e C' y. The City shall provide the Company with 90-days advance notice of the effecti ate of any franchise fee put into effect by the City. The City may require the Compan to provide an accounting to establish that the fee has been correctly calculated. The i may include a requirement that an audit of the calculation and basis for calculati of he franchise fee be conducted by an auditor of the City's selection and the Co pany . I cooperate with such an audit. Said audit shall not be conducted more than 0 ce a yea The City shall pay the costs of the audit unless the audit shows an underp ment of fra chise fees by an amount equal to 3% or more of the fees, in which event t e Company sH II pay the cost of the audit. 12-1-17. With the permission 0 the City Council, to e separately given in regard to each application to use powers of minent domain, Com ny shall have the power to condemn private property for the pUll ose of providing electri service to the public and in a reasonable relationship to an 0 erall plan of distributing el trical energy within the City. The Company must establish he necessity of each taking private property and, when so established, the City Co ncil shall approve the condem ation of the private property by resolution if the Coun I finds the use of such powers is i he public interest, does not create an unacceptabl public safety problem and there is n any reasonable alternative. 12-1-18. The Company shall, at its cost and expense, locate and elocate its installations in, on, over or under any public street or alley in the City in such anner as the City may at any time reasonably require for the purposes of facilita' g the construction, reconstruction, maintenance or repair of any public improvement of, 'n, or about any such street or alley, or promoting the efficient operation of any such -4- improvement. The City may require the Company to place or bury its electrical utility system components underground as consistent with Company tariffs (it is the understanding of the parties that under current tariffs the Company shall assume and pay as its own expense the cost of moving a line from one above ground location to another above ground location and the City shall reimburse the Company for any additional cost occasioned by placing a facility underground). 12-1-19. The Company shall, at all times during which this franJise is in affect, maintain, administer and operate such energy efficiency and/or cons7ation programs within the City, as may be approved by the Iowa Utilities Board. 12-1-20. If requested by the City the Company shall particip te in a disaster or emergency response communications task force to address such tics as a dedicated communications link between the City and the Company duri g emergencies, an interopera radio communications system between the Com any and the City, a reverse telepH e messaging system and participation by th Company in City and Johnson County . int drills and emergency training exercis . It is the intent of the parties that such pa icipation may be established by a sepa te agreement which refers to this franchise. 12-1-21. If request by the City the Compan shall participate in a City task force to identify and utilize C generated renewable energy options, including sewage treatment gas or landfill gas av . able to the City. In e event that the City should at any time during the term of this franc 'se become an ternate energy producer of electrical energy at a municipally-owned or erated facili the Company shall, if requested by the City, enter into an agreement to urchase e electric energy produced from such qualifying alternate generating facility, bject 0 applicable statutory requirements and regulations. 12-1-22. This franchise shall apply 0 nd bind the City and the Company and their successors and assigns; provided th t a assignment by the Company shall be subject to the approval of the City Cou il by r olution, which approval shall not be unreasonably withheld. The City expressly reserves th right to termin e the franchise granted herein if the Company breaches any of the pr is ions of this fran hise; provided, however, there shall be no termination if the Comp ny shall correct the written notice provided by the City t do so. The Company shall not b excused from complying w any of the terms and conditions of this franchise by a y failure of the City to insist up n or seek compliance with any such terms or conditi ns. Further, it is agreed that the bject matter of this franchise is unique and may e enforced by specific performance, the City's option, since a remedy at law may b inadequate. 12-1-23. This Ordi ance shall become effective and binding upo its approval and passage in accordan with Iowa law and the written acceptance by th Company. The Company shall withi thirty (30) days after the approval of this ordinance the City Council, file in the office of the clerk of the City its acceptance in writing of all Ute terms and provisions of this ordinance. Following City Council approval and written acceptance -5- by the Company, this ordinance shall be published in the Iowa City Press Citizen. The effective date of this Ordinance shall be the date of publication. 12-1-24. If any of the provisions of this franchise ordinance are for any reason declared to be illegal or void, the lawful provisions of this franchise ordinance, which are severable from said unlawful provisions, shall be and remain in full force nd effect, the same as if the franchise ordinance contained no illegal or void provisi s. In the event any provision or provisions are ruled illegal or void by a court of co petent jurisdiction, the City and the Company shall forthwith amend this franchise insert a successor provision that complies with the applicable court ruling. 12:;~-25. All ordinances or parts of ordinances in repealed. '''-,- "- PASSED ~ APPROVED this _ day of "\ nflict herewith are hereby 2007. CITY OF IOWA CITY, IOWA By Mayor ATTEST: City Clerk / Annen/ord&res/MidAm electric franchis/dOC / I ~~ 9-JJ-()7 City Attorney's Office . -6- City of Iowa City MEMORANDUM ~ Date: October 10, 2007 To: City Council /\ . . ~ Eleanor M. Dilkes, City Attorney W From: Re: MidAmercian franchise ordinances At the public hearing on October 2 I asked the City's outside counsel, Ivan Webber, to comment on the "buyback" provisions of the state code in response to a comment by a citizen regarding the significance, or lack thereof, of the provision in the proposed electric franchise regarding MidAmerican's obligation to purchase energy from the City in the event that the City becomes an alternate producer of electrical energy. In response, Ivan stated that the provisions of the state code that require public utilities to buy back electricity from producers of alternate energy had sunseUed. This statement was in error. Iowa Code sections 476.41 through 476.47 of the Iowa Code, which address alternate energy production facilities, have not changed. The confusion originated in Ivan's office based on the sunseUing of another provision of the code. We apologize for the error. While the fact that these provisions remain in the state code may affect one's view of the significance of the franchise provision, staff does not believe a language change is necessary. Given that the state code essentially occupies the field regarding a utility's obligations regarding alternate energy, staff views it as positive that the buyback provisions remain in place. Cc: Dale Helling, Interim City Manager Marian Karr, City Clerk Prepared by Eleanor Dilkes, City Attorney, 410 EWashington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, AN ELECTRIC LIGHT AND POWER SYSTEM FOR A PERIOD OF TEN YEARS, WITH A TEN YEAR AND FIVE YEAR RENEWAL THEREAFTER, TO FURNISH AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS. WHEREAS, the franchise previously granted by the City to MidAmerican Energy Company's successor and codified at Chapter 1, Title 12 of the City Code expired in November 2001; and WHEREAS, the City and MidAmerican Energy Company have negotiated a new franchise agreement on the terms set forth herein; and WHEREAS, it is deemed in the interest of the City and its citizens to enact the following franchise ordinance. NOW THEREFORE, BE IT ENACTED by the City Council of the City of Iowa City, that Title 12, Chapter 1 of the City Code is hereby repealed in its entirety and the following is substituted in lieu thereof: 12-1-1. There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called the "Company," and its successors and assigns, the non- exclusive right and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City, hereinafter the "City," an electric light and power system including the right to erect and maintain the necessary poles, lines, wire, transmission lines, conduits and other appliances for the transmission and distribution of electric energy along, under and upon the streets, avenues and alleys to serve customers within and without said City , and to furnish and sell electric energy to said City and its inhabitants. The City Council reserves to itself the right to extend this franchise to other public places at the request of the Company. Rights are hereby granted for all existing facilities located in other public places prior to the date of this agreement. 12-1-2. The City may continue this franchise by resolution adopted more than one, but less than two years prior to the tenth anniversary of the effective date of this Ordinance. In the event the City Council does not adopt such a resolution, this franchise will terminate on the tenth anniversary of the effective date. The City may continue this franchise by resolution adopted more than one but less than two years prior to the twentieth anniversary of the effective date of this Ordinance. In the event the City Council does not adopt such a resolution, this franchise will terminate on the twentieth anniversary of the effective date. If both such resolutions are adopted, this franchise will terminate on the twenty-fifth anniversary of the effective date. 12-1-3. The rights and privileges hereby granted to the Company its successors and assigns are subject to applicable provisions of the Iowa Code, including but not limited to the restrictions and limitations of Iowa Code Chapter 364 (2007) or as subsequently amended or changed, the Code of Ordinances of the City of Iowa City, any other applicable statues or regulations promulgated by Federal or State agencies under -1- federal or state laws, all of said laws, codes, ordinances, statutes and regulations as presently enacted or subsequently amended. The Company reserves the right to challenge or contest the City's interpretation or application of any of said laws, codes, ordinances, statutes, and regulations. The City may make such lawful and reasonable amendments to the provisions of the Code of Ordinances of the City of Iowa City affecting or regulating the Company in its operation of the electric utility, as the City deems necessary and proper, within the scope of its authority as authorized by the Constitution and Code of Iowa. The franchise granted herein shall not restrict in any manner the right of the City in the exercise of any power which it now has or which may hereafter be authorized or permitted by the Constitution or laws of the State of Iowa. 12-1-4. Nothing in this agreement shall be construed or interpreted to limit or prohibit the City, residents or businesses of Iowa City from participating in or enjoying any benefits and protections of a restructured retail electric utility industry to the extent that such benefits and protections are made available to consumers of competitive retail electric services under state and federal rules, regulations and law. 12-1-5. The Company shall have the right to erect all necessary poles and to place thereon the necessary wires, fixtures and accessories as well as to excavate and bury conduits or conductors for the distribution of electric energy in and through the City, provided the same shall be placed in accord with this franchise and any regulation the City may from time to time adopt or amend regarding the placement of facilities or structures of utilities, and other right of way users' facilities or structures, in the right of way. All electric utility system components placed above, upon, in or under public right- of way, and the wires placed thereon or therein, shall comply with the National Electrical Safety Code as adopted by the regulations of the Iowa Utilities Board. The Company shall not without express approval from the City place in the right of way any substation operating at greater than 15,000 volts, transmission lines, equipment or appliances operated at greater than 15,000 volts or pad mounted distribution facilities of greater than 15,000 volts serving an underground distribution feeder system. 12-1-6. The Company is authorized to make excavations in City streets, avenues and alleys for purposes of routine repair, replacement, and maintenance of poles, wires, conduits, lines or other electric utility system components. In making such excavations, the Company shall obtain a City permit therefore and shall not unnecessarily obstruct the use of streets, avenues or alleys, shall provide the Public Works Director with 24 hours notice prior to the actual commencement of the work, and shall comply with all provisions and requirements of the City in its regulation of the use of City right of way in performing such work. In emergencies which require immediate excavation, the Company may proceed with the work without first applying for or obtaining the permit, provided, however, that the Company shall apply for and obtain the excavation permit as soon as possible after commencing such emergency work. 12-1-7. Prior to commencing significant construction or maintenance projects in the public right of way, the Company shall use its best efforts to notify the contiguous affected customers. Best efforts shall include but are not limited to at least one of the following: door hangers, telephone contact, or direct mail. Notification shall not be required in the event of emergency repairs or electric outage restoration efforts. 12-1-8. The Company is authorized and empowered consistent with this franchise to prune or remove at Company expense any tree extending into any street, -2- alley, right of way or public grounds to maintain electric reliability, safety, to restore utility service and to prevent limbs, branches or trunks from interfering with the wires and facilities of the Company. The pruning shall be completed in accordance with nationally accepted safety and utility industry standards, ANSI Z133.1 -2006, American National Standard for Arboriculture Operations- Safety Requirements, and ANSI A300 (part 1) - 2001 Pruning, American National Standard for Tree, Shrub, and other Woody Plant Maintenance - Standard of Practices Pruning, or subsequent revisions to these standards, and City ordinances regarding the pruning of trees and the protection of its facilities upon public ground. The Company shall not remove or prune any tree on public grounds, other than right of way, except in an emergency or when necessary to alleviate an existing electrical outage without first obtaining permission of the City's Public Works Director, nor shall the Company dig or otherwise excavate under the canopy of any tree on public ground, unless using trencherless technologies or directional boring, except in an emergency or when necessary to alleviate an existing electrical outage, without having first given the City's Public Works Director 24 hours notice. 12-1-9. The Company shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs or expenses, on account of injury or damage to any person or property, caused or occasioned in whole or in part, by the Company's negligence in construction, reconstruction, excavation, operation or maintenance of the electric facilities authorized by this franchise; provided, however, that the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages arising from the negligence of the City, its officers, empioyees or agents. 12-1-10. The Company, and its successors and assigns, is authorized to extend its lines, wires and conduits, to expand its transmission and distribution systems, to engage in repair work and to install new distribution and transmission systems within the City. 12-1-11. The Company shall maintain the availability of service throughout the entire City including newly annexed areas, excluding areas designated by the Iowa Utilities Board to be the exclusive service territory of another electric provider, by extending lines or facilities in a manner consistent with Iowa law. 12-1-12. The City shall, in the extension or modification of streets and roads, make provision for the placement of Company service lines and facilities on City-owned right of way without charge to Company. In planning for the extension or modification of streets and roads, the City shall, to the extent practicable in the discretion of its Public Works Director, design such changes to limit the need for the relocation of Company facilities. Nothing in this franchise shall be construed as a guarantee that in either existing right of way or in future acquired right of way the City will provide sufficient space for any particular need of the Company nor shall the City be required to obtain additional right of way solely for the use of the Company. 12-1-13. The said Company, its successors and assigns, as long as it shall operate under the terms of this franchise, shall furnish electric energy in sufficient quantities to supply the reasonable demands of said City and the inhabitants thereof in accordance with the Company's rules, regulations and conditions of service as approved by the Iowa Utilities Board. -3- 12-1-14. The Company shall make an annual written report to the City Council summarizing community contributions which benefit the people of Iowa City which have been made by the Company or its Foundation. The written report shall include the name of each entity to which such contributions have been made, the amount of such contribution and a comparison showing contributions for that year and the three prior years. The report shall be filed with the City Council within three months of the close of the Company's fiscal year. 12-1-15. The City shall be privileged upon 3D-days advance notice to the Company, without charge, to make use of the distribution poles of the Company that are placed within City right of way for any City alarm, City control, or City communication function, excluding any paid subscriber services (but including any City owned cable or wireline communication system for which use the City shall pay an amount consistent with federal law), to the extent that such use shall not interfere with their use by the Company, but the City shall hold the Company harmless from any and all causes of action, litigation or damages arising through the placing of the facilities of the City upon the Company's poles. If at the sole discretion of the Company, it is determined that said attachments may create a clearance violation or other hazardous situation, or that wind or other conditions may place undue stress on specific Company facilities, the City shall not be authorized to attach to those facilities. If attachments are in place, upon notification by the Company of damage or potential damage, the City shall promptly remove said attachments. 12-1-16. The City reserves the right to impose a franchise fee pursuant to the Iowa Code, on the gross revenue of the Company, minus uncollectible accounts, derived from the distribution and the retail sale of electricity by the Company to customers within the current or future corporate limits of the City. The City shall provide the Company with gO-days advance notice of the effective date of any franchise fee put into effect by the City. The City may require the Company to provide an accounting to establish that the fee has been correctly calculated. The City may include a requirement that an audit of the calculation and basis for calculation of the franchise fee be conducted by an auditor of the City's selection and the Company will cooperate with such an audit. Said audit shall not be conducted more than once a year. The City shall pay the costs of the audit unless the audit shows an underpayment of franchise fees by an amount equal to 3% or more of the fees, in which event the Company shall pay the cost of the audit. 12-1-17. With the permission of the City Council, to be separately given in regard to each application to use powers of eminent domain, Company shall have the power to condemn private property for the purpose of providing electric service to the public and in a reasonable relationship to an overall plan of distributing electrical energy within the City. The Company must establish the necessity of each taking of private property and, when so established, the City Council shall approve the condemnation of the private property by resolution if the Council finds the use of such powers is in the public interest, does not create an unacceptable public safety problem and there is not any reasonable alternative. 12-1-18. The Company shall, at its cost and expense, locate and relocate its installations in, on, over or under any public street or alley in the City in such manner as the City may at any time reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of any public improvement of, in, or about any such street or alley, or promoting the efficient operation of any such -4- improvement. The City may require the Company to place or bury its electrical utility system components underground as consistent with Company tariffs (it is the understanding of the parties that under current tariffs the Company shall assume and pay as its own expense the cost of moving a line from one above ground location to another above ground location and the City shall reimburse the Company for any additional cost occasioned by placing a facility underground). 12-1-19. The Company shall, at all times during which this franchise is in affect, maintain, administer and operate such energy efficiency and/or conservation programs within the City, as may be approved by the Iowa Utilities Board. 12-1-20. If requested by the City the Company shall participate in a disaster or emergency response communications task force to address such topics as a dedicated communications link between the City and the Company during emergencies, an interoperable radio communications system between the Company and the City, a reverse telephone messaging system and participation by the Company in City and Johnson County joint drills and emergency training exercises. It is the intent of the parties that such participation may be established by a separate agreement which refers to this franchise. 12-1-21. If requested by the City the Company shall participate in a City task force to identify and utilize City generated renewable energy options, including sewage treatment gas or landfill gas available to the City. In the event that the City should at any time during the term of this franchise become an alternate energy producer of electrical energy at a municipally-owned or operated facility the Company shall, if requested by the City, enter into an agreement to purchase the electric energy produced from such qualifying alternate generating facility, subject to ,applicable statutory requirements and regulations. 12-1-22. This franchise shall apply to and bind the City and the Company and their successors and assigns; provided that any assignment by the Company shall be subject to the approval of the City Council by resolution, which approval shall not be unreasonably withheld. The City expressly reserves the right to terminate the franchise granted herein if the Company breaches any of the provisions of this franchise; provided, however, there shall be no termination if the Company shall correct the breach within sixty (60) days written notice provided by the City to do so. The Company shall not be excused from complying with any of the terms and conditions of this franchise by any failure of the City to insist upon or seek compliance with any such terms or conditions. Further, it is agreed that the subject matter of this franchise is unique and may be enforced by specific performance, at the City's option, since a remedy at law may be inadequate. 12-1-23. This Ordinance shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company. The Company shall within thirty (30) days after the approval of this ordinance by the City Council, file in the office of the clerk of the City its acceptance in writing of all the terms and provisions of this ordinance. Following City Council approval and written acceptance -5- by the Company, this ordinance shall be published in the Iowa City Press Citizen. The effective date of this Ordinance shall be the date of publication. 12-1-24. If any of the provisions of this franchise ordinance are for any reason declared to be illegal or void, the lawful provisions of this franchise ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the franchise ordinance contained no illegal or void provisions. In the event any provision or provisions are ruled illegal or void by a court of competent jurisdiction, the City and the Company shall forthwith amend this franchise to insert a successor provision that complies with the applicable court ruling. 12-1-25. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this _ day of 2007. CITY OF IOWA CITY, IOWA By Mayor City Clerk SE:~. C>>vc City Attorney's Office 10 -It, -lJ/ ATTEST: Annen/ord&res/MidAm electric franchise.doc -6- Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 10/16/2007 Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: Correia. ABSENT: None. Second Consideration Vote for passage: Date published \l\ Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 5224~; 319-356-5122 10 ORDINANCE NO. 07-4?R'1 AN ORDINANCE AMENDING TITLE 17, CHAPTER 1, BUILDING CODE, BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2006 EDITION, AND THE INTERNATIONAL RESIDENTIAL CODE, INCLUDING APPENDIX F RADON CONTROL METHODS, 2006 EDITION, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 2006 Edition of the International Building Code and International Residential Code as published by the International Code Council and to provide for certain amendments thereof; and to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa, and to provide for its enforcement. SECTION II. Sections 17-1, 17-2, 17-3 and 17-4 of the Iowa City Code are hereby repealed and the following new Sections 17-1, 17-2, 17-3 and 17-4 are enacted in lieu thereof. 17-1-1: Code Adopted: Subject to the following amendments, the 2006 edition of the International Building Code (IBC) and 2006 Edition of the International Residential Code (IRC) including Appendix F Radon Control Methods are hereby adopted and shall be known as the Iowa City Building Code or the Building Code. Interpretations of the Building Official may be guided by publications of the International Code Council, Inc., or the International Existing Building Code. 17-1-2: Interpretation of Building Code provisions: The provisions of this Code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of Iowa City. Any higher standards in the state statute or City ordinance shall be applicable. 17-1-3: Amendments to Code: The following sections of the 2006 edition of the International Building Code and 2006 edition of the International Residential Code are amended as follows: A. Section 101.1 of both the IBC and IRC. Delete Section 101.1 of both the IBC and IRC and insert in lieu thereof the following: 101.1 Title. These regulations shall be known as the Building Code of Iowa City, hereinafter referred to as "this code." B. Section 105.2 of both the IBC and IRC. Delete Section 105.2 of both the IBC and IRC and insert in lieu thereof the following: 105.2 Work Exempt from Permit. A permit shall not be required for the following: Building 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 144 square feet. 2. Fences not over 6 feet (1829 mm) high. 3. Oil derricks. 4. Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or I II-A liquids. 5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2 to 1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools which are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems. 11. Swings and other playground equipment accessory to detached one- and two-family dwellings. 12. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 13. Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) in height. 14. For structures regulated by the IRC the reapplication of shingles and roof sheathing provided less than 50% of the sheathing is replaced and other structural alterations are not required. 15. For structures regulated by the IRC reapplication of siding and windows provided: a. Window opening sizes are not altered and conforming rescue and escape windows are present in all sleeping rooms. Ordinance No. 07-428'1 Page 2 b. Property is not located in a Historic Preservation Overlay Zone, or a Conservation District Overlay Zone, or is not an Iowa City Historic Landmark. Unless otherwise exempted, separate plumbing, electrical and mechanical permits shall be required for the above-exempted items. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in a manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. C. Section 105.5 of both the IBC and IRC. Modify Section 105.5 of both the IBC and IRC by adding a sentence to the end as follows: In no case shall the permit be effective unless the work covered by the permit is completed within 24 months of the date on which the original permit was issued. D. Section 105.9 of both the IBC and IRC. Add two new Sections 105.9 and 105.9.1 to the IBC and R105.9 and R105.9.1 to the IRC as follows: 105.9 Demolition permits required. A demolition permit shall be required as follows: 1. For the removal of any building or structure. 2. For the removal of any portion of a building (i.e. porch, porch railing, decorative brackets and trim, dormers, chimneys, etc.) that is located within a Historic Preservation Overlay Zone or a Conservation District Overlay Zone, or is an Iowa City Historic Landmark. 105.9.1 Requirements. The applicant for any demolition permit shall state on the application the proposed disposal plans for all demolition materials. No demolition permit shall be issued until seven (7) working days after. the date an application has been properly filed and said demolition permit shall not be effective until applicant has posted the premises to be demolished with a notice to be provided by the City and as directed by the City; provided, however, that accessory buildings as defined in the Iowa City Zoning Ordinance and having no historic significance and dangerous buildings shall be exempt from said notice and waiting requirement. E. Section 107.3 of both the IBC and IRC. Amend Section 107.3 of both the IBC and IRC as follows: 107.3 Temporary power: Replace the words" ICC Electric Code" with Iowa City Electric Code. F. Section 108.2 of both the IBC and IRC. Delete Section 10S.2 in the IBC and IRC and insert in lieu thereof the following: 108.2 Permit Fees and Valuations. The fee for any permit shall be as set forth in the building permit fee schedule as established by resolution of the City Council. The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, site grading, paving, landscaping, elevators, and other permanent equipment. The value to be used in computing the value of construction for reports shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, site grading, paving, landscaping, elevators, fire extinguisher systems and other permanent equipment. G. Section 10S.3 of both the IBC and IRC. Delete Section 10S.3 in both the IBC and IRC and insert in lieu thereof the following: 108.3 Plan Review Fees. When a plan or other data are required to be submitted by Section 106 and the value of the proposed building or work exceeds fifteen thousand dollars ($15,000), a plan review fee shall be paid before the permit may be issued. Should the project be abandoned and the permit not issued after the plan review has been started, the plan review fee shall still be due and payable. The plan review fee shall be as set forth by resolution of City Council. Plan review fees are separate fees from the permit fee specified in Section 10S.2 and are in addition to permit fees. H. Section 108.4 of the IBC and IRC: Delete Section 10S.4 in the IBC and IRC and insert in lieu thereof the following: 108.4 Work commencing before permit issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit fee if a permit were issued. This fee shall be collected whether or not a permit is issued. The payment of such fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. Only the Building Official may reduce this fee when it is demonstrated that an emergency existed that required the work to be done without a permit. I. Section 10S. 5 of the IRC: Delete Section 10S.5 in the IRC and insert in lieu thereof the following: R108.5 Refunds: The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. J. Section 108.6 of the IBC: Delete Section 1 OS.6 in the IBC and insert in lieu thereof the following: 108.6 Refunds: The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (1S0) days from the date of fee payment. Ordinance No. 07-4285 Page 3 K. Section 109.3.5 of the IBC. Delete Section 109.3.5 in the IBC. L. Section 109.3.7 of the IBC. Delete Section 109.3.7 in the IBC. M. Section 112 of both the IBe and IRC. Delete Section 112 in both the IBC and the IRC and insert in lieu thereof the following: Section 112 Appeals: See TITLE 17 CHAPTER 12 Appeals in the City Code. N. Section 202 of both the IBC and IRC. Add new definitions as follows: Family: See Section 14-9A Zoning Definitions in the City Code. P. Section 202 of the IBC and IRC. Modify definitions as follows: Habitable space: Add a sentence to the end of the definition of habitable space or room to read as follows: Basement areas finished to a degree to encourage their use as anything other than storage or mechanical rooms shall be considered habitable space. Q. Section 202 of the IRC. Delete definition of Accessory Structure and insert in lieu thereof the following: ACCESSORY STRUCTURE. See Title 17 Chapter 9 Definitions in the City Code. R. Table R301.2 (1) Modify by inserting data in the table as follows: Ground Wind Seismic Subject to Damage From Snow Speed Design Frost Line Load (mph) Category Weathering Depth Termite Decay 25 90 A Severe 42" Moderate Slight Heavy Moderate : Ice Flood Hazards Winter Shield Mean Design Underlay Firm Air Freeze Annual Temp. Required NFIP Maps Index Temp. _50 F Yes 5-22-77 2-16-07 2000 500 F S. Section R305.1 of the IRC. Modify by adding a 5th exception as follows: 5. Ceiling height may be reduced to six (6) feet eight (8) inches for main support beams and mechanical ducts provided the prescribed ceiling height is maintained in at least two-thirds (%) of the room. T. Section R310.1 of the IRC. Modify by deleting the exception and adding a new exception as follows: Exception: For emergency escape and rescue openings required for the remodeling or finishing of space in an existing basement, the maximum sill height may be measured from an elevated landing not less than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24 inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it serves. U. Section 310.1 of the IBC. Modify the second paragraph of R-4 to read as follows: Group R-4 occupancies shall meet the requirements for construction as defined for Group R-3 except as otherwise provided for in this code. V. Section R311.5.2. of the IRC. Add an exception as follows: EXCEPTION: Structures that existed prior to 8/28/02 (adoption of the 2000 IRC) shall be allowed 6'-6" headroom. W. Section R322 of the IRC. Delete Section R322 in the IRC and add a new section as follows: R322 ACCESSIBILITY R322.1 Scope. The provisions of this section are enacted to implement the City's policy that structures regulated by this Code constructed with public funds be constructed using universal design features that provide accessibility and usability for all. Public funds shall mean funding or assistance from the City of Iowa City or any agent thereof through any of the following means: 1. a building contract or similar contractual agreement involving a City-funded program or fund; 2. any real estate received by the owner through a subsidy, lease, or donation by the City or its agents; 3. preferential tax treatment, bond assistance, mortgage assistance, or similar financial advantages from the City or its agents; 4. disbursement of federal or state construction funds including a Community Development Block Grant; or 5. a City contract to provide funding or a financial benefit for housing. R322.2 Minimum accessibility requirements for all dwelling units using public funds. 1. Wall Reinforcement. One first floor bath shall be provided with wood blocking installed within wall framing, to support grab bars as needed. The wood blocking, when measured to the center, shall be located Ordinance No. 07-4285 Page 4 between thirty-three inches (33") and thirty-six inches (36") above the finished floor. The wood blocking shall be located in all walls adjacent to a toilet, shower stall or bathtub. 2. Interior Doors. All first floor doorways shall provide a minimum clear opening of thirty-two inches (32") when the door is open ninety degrees (900), measured between the face of the door and the opposite stop. 3. Switch and Outlet Requirements. All wall switches controlling light fixtures and fans, shall be located at a height not to exceed fort-eight inches (4S") above the finished floor. Height shall be determined by measuring from the finished floor to the center of the switch. All receptacles shall be located at a height not less than fifteen inches (15") above the finished floor. Height shall be determined by measuring from the finished floor to the center of the receptacle. When the receptacle placement is prohibited by the height of a window or design feature, an alternate location can be approved by the Building Official or a duly authorized designee. 4. No-5tep Entrance. Must provide at least one building entrance that complies with the Iowa City Building Code standard for an accessible entrance on an accessible route served by a ramp or a no-step entrance. A building entrance door must have a minimum net clear opening of thirty-two inches (32"). The Building Official may waive this requirement based on the determination that strict compliance is financially or environmentally impractical. X. Section R324 of the IRC. Delete section R324 of the IRC and insert in lieu thereof the following: Section R324. See Section 14-5J Flood Plain Management Standards in the City Code. Y. Section R403.1.4.1 of the IRC. Modify by deleting all exceptions and inserting in lieu thereof the following: Exceptions: 1. One story detached accessory buildings of wood or steel frame construction not used for human occupancy and not exceeding one thousand (1,000) square feet in floor area may be constructed using slab on grade construction as follows. The slab shall be three and one half inches thick, poured monolithically with thickened perimeter footings extending twelve inches (12") below finish grade and be sixteen inches (16") wide at the base. The top of the foundation shall not be less than six inches (6") above finish grade. Reinforcement of the slab, including the thickened portion, shall be minimum 6x6-10/10 welded wire mesh, #4 deformed reinforcing bars at twenty four inches (24") on center each way or fiber mesh reinforced concrete. 2. One-story wood or metal frame building not used for human occupancy and not over 200 square feet in floor area may be constructed with walls supported on a wood foundation plate or "skids" when approved by the building official. 3. Decks not supported by a dwelling need not be provided with footings that extend below the frost line. z. Section R404.1.2 of the IRC. Modify Section R404.1.2 by adding a second paragraph as follows: Wall thickness may be reduced to eight inches (S") if a minimum of three (3) one-half inch diameter deformed ASTM A615 grade 40 steel bars are placed horizontally at the center of the wall thickness with one bar located within 14" of the top, one bar within 14" of the bottom and one bar located within 14" of the mid-height of the wall provided the wall height does not exceed eight feet (S'). AA. Section R404.1.3 of the IRC. Modify by adding an exception after number 2 as follows: EXCEPTION: Foundation walls with unbalanced lateral forces created by finish grade, Le. walkout basements which are exempt from the Iowa Architectural Act shall be designed by a licensed structural engineer or constructed in accordance with the table and diagrams as follows: Ordinance No. 07-4285 Page 5 KEY: C.B. Corner Bars r~ ~ FOUNDATION PLAN: OUT s = Span Wall r- - -- -- , LOWER LEVEL WALK T = Thickness T---..... tol' I I i I I I ! I I I I I I S ~ I S I I (') I I I I b I I 'l~" ~ I : Q~~ ~ I II~ ~ J ~.l!o.1'. .1 I , c.'& c..e . J I I I : I l~ -;::-::-1 I ':1 - - - - -" i L__ - r; --- l' - TI , I I T " 8" & 12" Foundation Walls )' I Provide corner bars to match Provide corner bars to match I II I horizontal foundation wall horizontal foundation wall I II I reinforcing into span wall 2'-0" reinforcing into span wall 2' -0'" I I I . ~ I (S) Span (T) Wall Thickness Horiz. Reinf. 2 Corner Bar (CBI'.2 I I I 10' or less 8" #4@ 12" 2'-0" I 10' to 12' 8" #5 @ 12" 2'-6" 12' to 14' 8" #6 @ 12" 3'-0" 14' to 16' 12" #5 @ 12" 2'-6" 16' to 1 S' 12" #6 @ 14" 3'-0' ; : 18' to 20' 12" #6 @ 12" 3'-0" : Notes: 1. Corner Bars are in addition to required horizontal reinforcing. 2. All reinforcing splices shall be lapped a minimum of 24 diameters of the reinforcing used. , 3. If tributary span is greater than 16'-0", the minimum dimension shall be 6' -0" I (tributary span = one-half (y,) of two adjoining spans). I . I Frost Wall & Footina \. I I Ordinance No. 07-L.?R5 Page 6 . . -. ". ~..:..:. , - . . ._ '. .. A. 2" Minimum Inside Face of Wall to edge of reinforcing See Schedule for Horizontal Reinforcing #4 Reinforcing Vertical 30" O.C, Typical #4 Reinforcing Dow ,,:-.. - -r ""-' . ..,..:.,-c.:....:;. .' . . ~ , . - -~: .-:.f --_ ~.. " .' ...". : ~ ;'\.'.:'~.-.:...:-.~:-.~~'>~, :-~.;...:~..>..~ ~~:..- : ". .., .-.' : ~ ":-..:". .: i- " '.... - t ..... .,.. : 'Y. . '. .'. .~'. .: to. Ordinance No. 07-428'5 Page 7 BB. Section 501.2 of the IBC. Modify by adding to the end of the section as follows: From 100-199 feet from the street the number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200-299 feet from the street the numbers shall be a minimum 8 inches high with a minimum stroke of 0.5 inches. For each additional 100 feet from the street, the number shall increase by an additional 2 inches in height. Measurements to determine the minimum number size shall be measured from the approved address location to the center line of the street for which the premises is addressed. CC. Section R613.2 of the IRC. Delete Section R613.2 of the IRC. DD. Section R703.2 of the IRC. Modify as follows: Delete the exception in its entirety. EE. Section 708.1 of the IBC. Modify by adding an additional numbered sentence as follows: 7. Walls separating dwelling units from other occupancies in the same building. FF. Section 711.3 of the IBC. Modify by deleting the first paragraph and insert in lieu thereof the following: The fire-resistance rating of floor and roof assemblies shall not be less than that required by the building type of construction. Where the floor assembly separates mixed occupancies, the assembly shall have a fire-resistance rating of not less than that required by Section 508.3.3 based on the occupancies being separated. Where the floor assembly separates a single occupancy into different fire areas, the assembly shall have a fire-resistance rating of not less than that required by Section 706.3.9. Floor assemblies separating dwelling units in the same building or sleeping units in occupancies in Group R-1, hotel occupancies, R-2 and 1-1 shall be a minimum of 1-hour fire-resistance-rated construction. Floor assemblies separating other occupancies from dwelling units in the same building or sleeping units in occupancies in Group R-1, hotel occupancies, R-2 and 1-1 shall be a minimum of 1-hour fire-resistance- rated construction. GG. Section R807.1 of the IRC. Delete section R807.1 and insert in lieu thereof the following: 807.1 Attic access. In buildings with combustible ceilin~ or roof construction, an attic access opening shall be provided to attic areas that exceed 30 square feet (2.8m ) and have a vertical height of 30 inches (762 mm) or greater. The opening shall be located in a corridor, hallway, or other readily accessible location. The opening shall not be located in a closet, bathroom, mechanical room, laundry room, or similar room or location. Attics with a maximum vertical height of less than thirty inches need not be provided with access openings. The clear opening shall not be less than twenty inches (20") by thirty inches (30"). Thirty inches (30") minimum clear headroom in the attic space shall be provided at or above the access opening. HH. Section 903.2.1.2 of the IBC. Delete section 903.2.1.2 and insert in lieu thereof the following: 903.2.1.2 A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided if one of the following conditions exist: 1) The fire area exceeds 5,000 square feet; or 2) The fire area has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. B. Existinq Group A-2 Occupancies and Group B Occupancies that existed prior to August 1,2007. An automatic sprinkler system shall be provided throughout the A-2 occupancy if one of the following conditions exists: 1) The A-2 occupancy has an occupant load of 299 or more and has an ABDL shall comply by July 1, 2010. Exemption: Single business occupancies in single story nonabutting buildings; or 2) The A-2 occupancy has an occupant load of 50-298 and is located on a floor other than the level of exit discharge and has an ABDL shall comply by July 1, 2013; or 3) Group B Occupancies located on a floor other than the level of exit discharge and which have an ABDL shall comply by July 1, 2013; or 4) Group A-2 Occupancies with an occupancy load of 100 or more that have an ABDL and are not regulated in B1 or B2 above, provided: There is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Exemption: Single business occupancies in single story nonabutting buildings. II. Section 903.2.1.3 of the IBC. Delete exception without substitution. JJ. Section 903.2.1. 4 of the IBC. Delete exception without substitution. KK. Section 903.2.1.6 of the IBC. Add a new Section 903.2.1.6 as follows: Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located, and in all floors between the Group B occupancy and the level of exit discharge. Ordinance No. 07-4?R'l Page 8 LL. Section 903.4.2 of the IBC. Delete the section 903.4.2 of the IBC and replace with: 903.4.2. Alarms. An approved weatherproof horn/strobe device shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in height above grade. The water-flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Approved and supervised audible visual notification appliances shall be installed on each level of the interior of the building as required by the fire code official and NFPA 72. MM. Section 903.6 of the IBC. Add a new Section 903.6 to the IBC to read as follows: 903.6 Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or N FP A 13R and shall provide a sprinkler control valve and water flow device for each normally occupied floor. NN. Section 907.2 of the IBC. Delete the section and replace with: 907.2 Where required. An approved and addressable manual, automatic, or manual and automatic fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with 907.9, unless other requirements are provided by another section of this code. Where automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the building fire alarm system, automatic heat detection required by this section shall not be required. The automatic fire detectors shall be smoke detectors. Where ambient conditions prohibit installation of automatic smoke detection, other automatic fire detection shall be allowed. 00. Section 907.2.1 of the IBe. Delete the "exception" in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2) Group A-2. An automatic/manual fire alarm system shall be installed in Group A-2 occupancies with and occupant load of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. PP. Section 907.2.3 of the IBC. Modify by adding a sentence to the end of the first paragraph as follows: New and existing educational occupancies shall have a monitored fire alarm system. QQ. Section 907.2.3 of the IBC. Modify by adding a 4th exception as follows: 4. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm system unless required elsewhere in the code. RR. Section 907.2.10.1.2 of the IBC. Modify by adding a fourth location requirement as follows: 4. Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all stairway enclosures in Group R-2, R-4 and 1-1 Occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the fire code. SS. Section 907.2.12.3 of the IBC. Delete Section 907.2.12.3 and replace with: 907.2.12.3 Fire department communication system. Where required. No person shall erect, construct, maintain or modify any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for City of Iowa City public safety services, including but not limited to police, fire, and public works departments. TT. Section 907.2.12.3.1 of the IBC. Add a Section 907.2.12.3.1 to read as follows: 907.2.12.3.1 AMPLIFICATION SYSTEMS ALLOWED Buildings and structures shall be equipped with any of the following, in order to achieve adequate radio coverage: 1) A radiating cable system or 2) An internal multiple antenna system with FCC Type Accepted Bi-Directional UHF Amplifiers as needed to encompass the frequency range stated below or frequency range subsequently established by the City of Iowa City. 3) A system that has been approved by the City of Iowa City as being capable of providing amplification to meet this ordinance requirements. UU. Section 907.2.12.3.2 of the IBC. Add a Section 907.2.12.3.2 to read as follows: 907.2.12.3.2 System Requirements: 1) The frequency that must be supported shall be 810.7125 to 815.2625 MHz and 855.7125 to 860.2625 MHz and adaptable to other appropriate emergency frequencies (700 MHz or greater). The system Ordinance No. 07-4?R'1 Page 9 must be capable of encompassing the frequencies stated herein and capable of future modifications to a frequency range subsequently established by the City of Iowa City. 2) All system components must be 100 percent compatible with analog and digital modulations after installation without additional adjustments or modifications. 3) Mandatory use of FCC certificated equipment is required. 4) If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve (12) hours without external power input. The battery system shall automatically charge in the presence of an external power input. 5) Signal levels, percentage of coverage and reliability percentage. a. A minimum signal strength of one (1) microvolt [-107 dBm] available in 95% of the area of each floor of the building when transmitted from the City of Iowa City Communications Center; and b. A minimum signal strength of one (1) microvolt [-107 dBm] received at the City of Iowa City Communications Center when transmitted from 95% of the area of each floor of the building, via portable radio with public safety microphone; and c. A 95% reliability factor. 6) The installation of equipment as stated above can not be detrimental to the operation of the Public Safety Radio System. 7) Testing procedures. a. Initial tests will be performed by an agent of the City of Iowa City. Certificate of occupancy shall not be issued to any structure if the building fails to comply with this section. b. Annual tests will be conducted by the Iowa City Fire Department in conjunction with inspection procedures. W. Section 907.3 of the IBC. Modify by adding a sentence to the end of the section to read as follows: Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to modify the requirements for manual fire alarm boxes. WW. Section 907.8 of the IBC. Modify by deleting the exception and inserting in lieu thereof the following exception: Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow device for each floor. XX. Section 907.8.3 of the IBC. Add a section to read as follows: Section 907.8.3 Zone and address location labeling. Fire alarm and/or annunciator panels shall have all zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an easily readable map of the building. YV. Section 907.14 of the IBC. Modify Section 907.14 by adding two sentences to the end as follows: Each address point identification, shall have an alpha/numeric descriptor location. Alpha/numeric descriptor locations are required to be reported to the Iowa City Emergency Communications Center upon activation of supervisory and/or alarm conditions as specified by the fire code official. 22. Section 910.3.2.2 of the IBC. Delete section and replace with: Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat-responsive device rated at least 100 degrees F (38 degrees C) above the operating temperature of the sprinkler. Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1. AAA. Section 912.6 of the IBC. Add a new section to read as follows: 912.6 Size. Minimum fire department connection size shall be 2 'Y2 inch National Standard Thread. BBB. Section 1009.2 of the IBC. Modify by adding the number 1 to the exception and adding a second exception as follows: EXCEPTION: 1. Spiral stairways complying with Section 1009.9 are permitted a 78-inch (1981 mm) headroom clearance. 2. Stairs within individual dwelling units of Residential Group R occupancies that existed prior to 8/28/02 (adoption of the 2000 IRC) are permitted a 78-inch headroom clearance. CCC. Section 1009.10. Exception 4 and 5 of the IBC. Modify by deleting exceptions 4 and 5 and insert in lieu thereof the following: 4. In Group R-3 occupancies, a change in elevation consisting of three or fewer risers at an entrance or egress door does not require handrails. 5. Changes in room elevations of three or fewer risers within dwelling units and sleeping units in Group R-2 and R-3 occupancies do not require handrails. ODD. Section 1020.1.1 of the IBC. Modify Section 1020.1.1 by adding a sentence to the third unnumbered paragraph as follows: Fire door assemblies in exit enclosures of R-2 occupancies shall also be automatic closing by actuation of a smoke detector. Ordinance No. 07-/1285 Page 10 EEE. Section 1025.2 of the IBC. Modify by amending the exception by numbering it "1," and by adding a second exception as follows: EXCEPTION: 1) In assembly occupancies where there is no well-defined main exit or where multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of the building provided that the total width of egress is not less than 100 percent of the required width. 2) The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than two-thirds of the total occupant load. FFF. Section 1026.1 of the IBC. Modify by deleting the exceptions and insert in lieu thereof the following: EXCEPTIONS: 1. The emergency escape and rescue opening is permitted to open onto a balcony within an atrium in accordance with the requirements of Section 404 provided the balcony provides access to an exit and the dwelling unit or sleeping room has a means of egress that is not open to the atrium. 2. High-rise buildings in accordance with Section 403. 3. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit balcony that opens to a public way. 4. Basements without habitable spaces and having no more than 200 square feet in floor area shall not be required to have emergency and escape windows. GGG. Section 1026.1.1 of the IBC. Add a new Section 1026.1.1 in the IBC as follows: 1026.1.1 Location. The emergency escape and rescue opening in a non-habitable basement shall be located a reasonable distance from the internal access point. This distance shall not be less than one-half (1/2) of the distance from the bottom of the interior stairs to the most remote exterior wall. HHH. Section 1026.3 of the IBC. Modify by adding an exception as follows: EXCEPTION: For emergency escape and rescue openings required for the remodeling or finishing of space in an existing basement, the maximum sill height may be measured from an elevated landing not less than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24 inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it serves. III. Section 1026.4 of the IBC. Delete Section 1026.4 and insert in lieu thereof the following: 1026.4 Operational constraints. Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys, tools, special knowledge or effort. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with Section 1026.2 and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. Where such bars, grilles, grates or similar devices are installed in existing buildings, smoke alarms shall be installed in accordance with Section 907.2.10 regardless of the valuation of the alteration. JJJ. Section 1026.6 of the IBC. Add a new Section 1026.6 to the IBC to read as follows: Section 1026.6. Emergency escape windows under decks and porches. Emergency escape windows are allowed to be installed under decks and porches provided the location of the deck allows the emergency escape window to be fully opened and provides a path not less than 36 inches in height to a yard or court. KKK. Chapter 11 of the IBC. Delete Chapter 11 in its entirety and insert in lieu thereof the following: Chapter 11 Accessibility, Section 1101. Buildings or portions of buildings shall be accessible to persons with disabilities as required by 661-302 of the Iowa State Administrative Code. LLL. Section 1207 of the IBC. Modify by deleting Section 1207 in its entirety. MMM. Section 1209.2 of the IBC. Modify by deleting Section 1209.2 in its entirety and insert in lieu thereof the following: 1209.2 Attic spaces. In buildings with combustible ceiling or roof construction, an attic access opening shall be provided to attic areas that exceed '30 square feet (2.8m2) and have a vertical height of 30 inches (762 mm) or greater. The opening shall be located in a corridor, hallway, or other readily accessible location. The opening shall not be located in a closet, bathroom, mechanical room, laundry room, or similar room or location. Attics with a maximum vertical height of less than thirty inches need not be provided with access openings. NNN. Section 1403.5 and 1403.6 of the IBC. Delete Section 1403.5 and 1403.6 of the IBC and insert in lieu thereof the following: Section 1403.5. See TITLE 14, CHAPTER 5, ARTICLE J Flood Plain Management Standards in the City Code. 000. Section 1405.12.2 of the IBC. Delete Section 1405.12.2 of the IBC. PPP. Section G2406.2 (303.3) Prohibited locations of the IRC. Modify by deleting exceptions 3 and 4. QQQ. Section G2415. (404.2) Prohibited locations of the IRC. Modify by deleting the last sentence. RRR. Part VII Plumbinq, Chapters 25 throuqh 32 inclusive of the IRC. Delete Part VII Plumbing Chapters 25 through 32 inclusive of the IRC and insert the following: Part VII Plumbing, Chapter 25 Ordinance No. Page 11 07-/1285 Section P2501 GENERAL P2501.1 Scope. Plumbing systems shall comply with Title 17, Chapter 2, of the Iowa City Code. SSS. Chapter 27 of the IBC. Delete Chapter 27 of the IBC and insert the following: Chapter 27 Electrical Section 2701.1 Scope. Electrical systems shall comply with Title 17, Chapter 3, of the Iowa City Code. TIT. Chapter 29 of the IBC. Delete Chapter 29 of the IBC and insert the following: Chapter 29 Plumbing Systems Section 2901.1 Scope. Plumbing systems shall comply with Title 17, Chapter 2, of the Iowa City Code. UUU. Section 3002.4 of the IBC. Delete Section 3002.4 of the IBC and insert in lieu thereof the following: 3002.4 Elevator car to accommodate ambulance stretcher. In buildings four or more stories above grade plane or four or more stories below grade plane, at least one elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement to accommodate a 24-inch by 84-inch (610 mm by 1930 mm) ambulance stretcher in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than 3 inches (76 mm) high and shall be placed inside on both sides of the hoistway door frame. VW. Part VIII Electrical. Chapters 33 throuqh 42 inclusive of the IRC. Delete Part VIII Electrical Chapters 33 through 42 inclusive of the IRC and insert the following: Part VIII Electrical, Chapter 33 Section E3301 GENERAL E3301.1 Applicability. Electrical systems shall comply with Title 17, Chapter 3, of the Iowa City Code. WWW. Section 3410.2 of the IBC. Delete the first sentence of Section 3410.2 and insert in lieu thereof the following: 3410.2 Applicability. Structures existing prior to effective date of this ordinance and in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this section or the provisions of Sections 3403 through 3407. 17-1-4: PENALTIES FOR VIOLATION: Violation of this chapter shall be a municipal infraction punishable by a penalty as provided for in subsection 1-4-2D of this code. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after final passage, approval, and publication as provided by law. ~apprOVed this ~day of LJ.~ M OR ATTEST: /J-~~~. ~ - ERK ~ ere by ()('f"n]-,pr ,20-D.L. 9-~()- ~7 City Attorney's Office hisbdglord/2006bldgcodes/2006 IBC IRC(2).doc Ordinance No. 07-4285 Page ..l.L It was moved by O'Donnell and seconded by Vanderhoe.f as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x X X X X X X First Consideration 9/18/2 00 7 Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration 10/2/2007 Vote for passage: AYES: Bailey, Champion. Correia. Elliott, 0' Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Date published 10/24/2007 !\'1~8 11 Prepared by: Tim Hennes & Bernie Osvald, HIS, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 Delete Section 101.5.6 in its entirety and insert in lieu thereof the following: 101.5.6 Moved Buildings. Plumbing systems which are part of buildings or structures moved within or into this jurisdiction shall comply with the provisions of this Code for new installations except as provided for in Section 103.5.5.2. . Delete Section 102.3.1 in its entirety and insert in lieu thereof the following: 102.3.1 Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain any plumbing or permit the same to be done in violation of this Code. Violation of any provision of this ordinance is a municipal infraction. Delete Section'102.3.2 in its entirety. Delete Section 103.1.1 in its entirety and insert in lieu thereof the following: 103.1.1 Permits Required. It shall be unlawful for any person, firm or corporation to make any installation, alteration, repair, replacement or remodel any plumbing system or fire sprinkler system regulated by this Code except as permitted in Section 103.1.2, or to cause the same to be done without first obtaining a separate plumbing permit for each separate building or structure. Ordinance No. 07-4286 Page No.2 Add Section 103.1.2.3 103.1.2.3 The replacement or removal and reinstallation of any fixture or appliance, provided, however, that the fixture or appliance is installed at the same location and it is not necessary to remove, replace, alter, or install any piping. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to" be done in violation of the provisions of the Code or any other laws or ordinances of this jurisdiction. 103.1.3 Licensing See Section 14-SL. 103.2 Application For Permit Add Section 103.2.4 Qualifications of Permittee: 1. A permit may be issued to any person holding a valid master plumber license issued by the City or to any plumbing company which employs a duly licensed master plumber on a full-time basis. 2. A permit may be issued to the owner of an existihg owner-occupied single-family dwelling, pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do any work ~egulated by this Article in connection with said dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connection therewith. All work shall comply with this Article. 3. A permit may be issued to the holder of a valid sewer and water service installer's license for the installation of a building sewer and water service only. 4. A permit may be issued for the installation of gas piping to any person holding a valid gas pipe installer's license issued by the City or to any company which employs a duly licensed gas pipe installer. 5. A permit may be issued to the holder of a valid fire sprinkler installer's license for the installation of fire sprinkler systems provided the licensee is employed by a fire sprinkler contractor with either at least one NICET Level III certified person or an engineer licensed in the State of Iowa with experience in fire protection sprinkler systems on staff. Add Section 103.2.5 Insurance Required: Before a permit to perform plumbing work may be issued, the applicant shall have on file with the Authority Having Jurisdiction a copy of a certificate of insurance stating the liability amounts established by resolution of the City Council, and the City shall be named as an additional insured. The policy shall also provide for at least thirty (30) calendar days' notice by the insurer to the City of termination of the policy by the insured or insurer. Plumbing permits issued under Subsection 103.2.4-2 shall be exempted from this insurance requirement. 103.4 Fees Delete Sections 103.4.1 and 103.4.2 and add Section 103.4 as follows: 103.4 Fees: All applicants shall pay the proper permit and inspection fees as established by resolution of the City Council. "' 103.4.4 Investigation Fees: Work Without a Permit. Delete Section 103.4.4 in its .entirety and insert in lieu thereof the following: 10~.4.4 Work commencing before permit Issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit if a permit were issued. This fee shall be collected whether or not a permit is issued. The payment of .such fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. Only the Building Official may reduce this fee when it is demonstrated that an emergency existed that required the work to be done without a permit. 103.4.5 Fee Refunds. Delete Section 103.4.5 in its entirety and insert in lieu thereof the following: 103.4.5 Refunds. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. Ordinance No. 07-4286 Page No.3 Add Section 103.9 Appeals Any person aggrieved by a decision of the Building Official with regard to the Plumbing Code may file an appeal as provided in Section 17-12 Appeals. Section 202.0 Section 202.0 is amended by adding the following definitions: Fire Sprinkler Installer - any person licensed to install only fire sprinkler systems. Gas pipe Installer - any person licensed to install only the piping to distribute fuel gas from the gas meter to the gas outlets. Plumber, apprentice -any person who works under the supervision and guidance of a skilled joumeyman or contractor for the purpose of learning the plumbing trade. Plumber, inactive -any licensed plumber who is not currently employed nor actively participating in the plumbing trade. Plumber, journeyman -any properly licensed person who is allowed to install plumbing only under the employ of a master plumber. Plumber, master -any properly licensed person who undertakes or offers to undertake, plan for, layout, supervise or perform plumbing work with or without compensation. Sewer and water service installer -any person licensed to install only the building sewer and that portion of the building drain from outside the building wall to just inside the building wall and the water service from the water main to the building water meter. Section 412.0 Delete Section 412. 1 through 412.3 and Table 4-1 in its entirety and insert in lieu thereof the following: 412.1 Every building intended for human occupancy shall be provided with sanitary facilities as required by this Section and Table 4-1. The occupan~ load used to determine the minimum number of sanitary fixtures shall be the occupant load established by the 2006 International Building Code in Section 1004 and Table 1004.1.1. The established occupant load shall be assumed to be one-half (Y2) male and one-half (Y2) female unless sufficient evidence to the contrary is supplied to the Authority Having Jurisdiction. Exception: When toilet facilities are provided for employees only, the occupant load shall be the actual number of employees on the largest shift. 412.2 Buildings with the total occupant load of less than sixteen (16) may provide the required fixtures in a unisex restroom. Urinals need not be provided in unisex restrooms. Buildings with an occupant load of sixteen (16) or more shall provide separate facilities for each sex. Ordinance No. 07-4286 Page NO.4 Fixtures Per Person 1 Type of Bui;dinr! Water Closets/Urina/s9 Lavatories6 Bathtubs Drinking3 or Occupancy or Fountains Showers Male I Female Male I Female For employee or staff use in all 1:1-15 1 :1-15 1 for each 2 water closets 1:30-150 occupancies except industrial 2:16-35 2:16-35 or urinals And one for warehouses, workshops, facto- 3:36-55 3:36-55 each ries, foundries and similar es- additional tablishments. 300 persons Over 55, add 1 fixture for each additional 40 persons. For employee or staff use in in- 1 :1-10 1 :1-10 1 for each 2 water closets 1 per 150 dustrial warehouses, work- 2:11-25 2:11-25 or urinals shops, factories, foundries and 3:26-50 3:26-50 similar establishments. 4:51-75 4:51-75 5:76-100 5:76-100 Over 100, add 1 fIXture for each additional 30 persons For public use within 1 :1-30 1:1-15 1:1-75 1 :1-30 Assembly places, i.e. 2:31-75 2:16-30 2:76-200 2:31-100 1: 1-150 theaters, auditoriums, etc. 3:76-125 3:31-50 3:201-400 3:101-200 4:126-200 4:51-100 4:201-300 2: 151-400 5:201-300 5:101-150 5:301-400 3: 401-750 6:301-400 6:151-200 7:201-250 and one 8:251-300 additional 9:301-350 fixture for 10:351-400 each additional . 500 persons Over 400, add Over400,add Over 400, add 1 fixture per 1 fixture for 1 fixture for 400 persons each 200 each 125 fe- males males Dormitories - school or labor 1 per 1 0 1 per 8 1 per 12 1 per 12 1 per 8 1 per 150 Add 1 fixture Add 1 fixture Over 12, Over 12, Over 150, for each 25 for each 20 add 1 per add 1 for add 1 per males over 10 females over 8 each 20 each 20 20 males females Hospitals Individual room . 1 per room 1 per room 1 per room Ward room 1 per 8 beds 1 per 10 beds 1 per 20 beds Institutional - other than hos- 1 per 25 I 1 per 20 1 per 1 0 1 per 10 1 per 8 1 per 150 pitals or penal institutions Table 4_17 Ordinance No. 07-L.'?R6 Page NO.5 Office or public buildings For public use within office or 1:1-50 1:1-15 1 for each 2 water closets 1 for 7- 150 public buildings 2:51-100 2:16-35 or urinals and one for 3:101-150 3:36-55 each 300 4:151-200 4:55-100 additional , 5:201-400 5:101-150 persons 6:151-200 7:201-250 8:251-300 9:300-350 10:351-400 Over 400, add one fixture for each additional 500 males and one for each 150 females For employees or staff in office 1 :1-15 . 1 :1-15 1 for each 2 1 :30-150 or public building 2:16-35 2:16-35 water And one for 3:36-55 3 :36-55 closets or each urinals additional 300 persons Wholesale 10 and retail 1:1-250 1 :1-250 1 for each 2 water closets 1 for each stores 2:250-500 2:250-400 or urinals pair of 3:501-750 3:401-600 restroom 4:751-1,000 4:601-800 facilities 5:801-1,000 Over 1,000 Over 1,000 add 1 fixtu re add 1 fixture for each addi- for each addi- tional 500 tional 400 fe- males males Restaurants' which do not 1:1-50 1: 1-50 1 for each 2 water closets serve alcohol 2:51-100 2:51-100 or urinals 3:101-175 3:101-175 4:176-300 4:176-300 Over 300, add 1 fixture per 200 additional persons Restaurants' which serve 1:1-30 1 :1-30 1 for each 2 water closets plcohol, pubs and lounges 2:31-60 2:31-60 or urinals 3:61-100 3:61-100 4:101-150 4:101-130 5:151-200 5:131-160 6:201-275 6:161-200 7:276-400 7:201-300 8:301-400 Over 400, add Over 400, add 1 fixture for 1 fixtu re for each 175 each 150 fe- males males' Ordinance No. 07-4286 Page NO.6 Schools5 - for student use: Nursery 1:1-20 1 :1-20 1 :1-25 1 :1-25 1 per 150 2:21-50 2:21-50 2:26-50 2:26-50 Over 50, add 1 fixture for each Over 50, add 1 fixture each additional 50 persons additional 50 persons Elementary 1 per 25 1 per 25 1 per 35 1 per 35 1 per 150 Secondary 1 per 30 1 per 30 1 per 40 1 per 40 1 per 150 Others (colleges, universities, 1 per 30 1 per 30 1 per 40 1 per 40 1 per 150 etc.) Worship places: Educational and activities unit 1 per 125 1 per 125 1 for each 2 water closets 1 per 150 or urinals And one for each additional 300 persons Principal assembly place 1 per 150 1 per 150 1 for each 2 water closets 1 per 150 or urinals And one for each additional 300 persons Dwellings:4 Single-family 1 per dwelling 1 per water closet 1 per dwell- ing Multi-family 1 per dwelling unit 1 per water closet 1 per dwell- ing unit Penal institutions: Cell 1 per cell 1 per cell 1 per floor Exercise room 1 per exercise room 1 per room 1 per room Notes to Table 4-1: 1. Interpretation of Figures: The figures shown are based upon one fixture being the minimum required for the number of persons indicated. 2. Building Categories: Building categories not shown on this Table shall be considered separately by the Authority Having Jurisdiction. 3. Drinking Fountains Required: There shall be a minimum of one (1) drinking fountain per occupied floor in schools, theaters, auditoriums, dormitories, offices or public buildings. Where breakroom sinks or water dispensers or coolers are accessible a required drinking fountain may be eliminated. A drinking fountain shall not be required in occupancies of 30 or less. Drinking Fountains Prohibited: Drinking fountains .shall not be installed in toilet rooms. 4. Laundry Facilities: One automatic washer standpipe for each dwelling unit for single-family or duplex. For multi-family apartment buildings, one standpipe for each ten (10) apartments or fraction thereof. 5. Kitchen Sinks: One (1) for each dwelling unit. 6. Washbasins: Twenty-four (24) lineal inches (609mm) of wash sink or eighteen (18) inches (456mm) of a circular basin shall be considered equivalent to one lavatory when provided with water outlets for such space. Ordinance No. 07-4286 Page No. 7 7. General Provisions: In applying this schedule of facilities, consideration must be given to the accessibility of the fixtures. Purely numeric conformity may not result in an installation suited to the need of the individual establishment. For example: Schools should be provided with toilet facilities on each floor having classrooms and in temporary working facilities, one water closet for each thirty (30) persons. 8. Restaurants: A restaurant is defined as a business which sells food to be consumed on the premises. Employee toilet facilities are not to be included in the above restaurant requirements. Hand washing facilities must be available in the kitchen for employees. 9. Whenever urinals are provided, the total number of fixtures required may be a combination of water closets and urinals. The number of water closets in such cases shall not be reduced to less than one- third (1/3) of the total number required. Section 603.2.3 is deleted. Delete Section 603.4.12 in its entirety and insert in lieu thereof the following: 603.4.12 Potable water supply to carbonators shall be protected by a stainless steel dual check valve with an atmospheric vent as approved by the Authority Having Jurisdiction for the specific use. Delete Section 604.2 in its entirety and insert in lieu thereof the following: Copper tube for water piping shall have a weight of not less than Type M copper tubing. Exception: Copper tube for underground water piping shall have a weight of not less than Type K copper tubing. Delete Section 605.2 in its entirety and insert in lieu thereof the following: 605.2 Independent fullway valves shall be installed on the supply and discharge sides of each water meter. Water piping supplying mote than one building on anyone premises shall be supplied with separate fullway valves to each building. Such shutoff valves shall be accessible at all times. A fullway valve shall be installed on the discharge piping from water supply tanks at or near the tank. A fullway valve shall be installed on the cold water supply pipe to each water heater at or near the water heater. Delete Section 701.1.4 in its entirety and insert in lieu thereof the following: 701.1.4 Copper tube for underground drainage and vent piping shall have a weight of not less than that of copper tube Type L. Add New Section 701.1.5 as follows: 701.1.5 Copper tube for aboveground drainage and vent piping shall have a weight of not less than that , of copper tubing Type M. Exception: Type DWV may be used in one and two-family dwellings. Section 703.1 Delete Section 703.1 in its entirety and insert in lieu thereof the following: 703.1 The minimum sizes of vertical and/or horizontal drainage piping shall be determined from the total of all fixture units connectecl thereto, and additionally, in the case of vertical drainage pipes, in accordance with their length. There shall be atleast one four (4)-inch (100mm) drain pipe from the sewer to the main drainage stack and no underground drainage piping shall be less than two (2) inches (50mm) in diameter. Section 710.1 Delete Section 710.1 in its entirety and insert in lieu thereof the following: 710.1 Drainage piping serving fixtures, the flood level rims of which are located below the elevation of the curb or property line at the point where the building sewer crosses under the curb or property line and above the crown level of the main sewer, shall drain by gravity into the main sewer and shall be protected from backflow of sewage by installing an approved type backwater valve, and each such backwater valve shall be installed only in that branch or section of the drainage system which receives the discharge from fixtures located below the elevation of the curb or property line. The requirements of this subsection shall apply only when it is determined necessary by the Authority Having Jurisdiction or the engineers of the governing body, based on local conditions. . Section 717.0 Section 717.0 is amended by adding the following sentence to the end of the section: The minimum size of any building sewer shall be four (4) inches (100mm). Ordinance No. 07-4286 Page No. 8 Section 807.4 Delete Section 807.4 in its entirety and insert in lieu thereof the following: 807.4 No domestic dishwashing machine shall be directly connected to a drainage system or food waste disposer unless an approved dishwasher air gap fitting is installed on the discharge side of the dishwashing machine or the discharge line of the dishwasher is looped as high as possible near the flood level of the kitchen sink. Listed air gaps shall be installed with the flood level (FL) marking at or above the flood level of the sink or drain board, whichever is higher. Delete Sections 903.2.1 and 903.2.2 in its entirety and insert in lieu thereof the following: 903.2.1 Copper tube for underground vent piping shall have a weight of not less than that of copper tube Type L. 903.2.2 Copper tube for aboveground vent piping shall have a weight of not less than that of copper tube Type M. Exception: Type DWV may be used in one and two-family dwellings. Section 904.1 Section 904.1 is amended by adding the following sentences to the end of the paragraph: Each building shall have a vent stack or stack vent equal in size or larger than the required building sewer that shall extend through the roof undiminished in size. In residential buildings of four (4) stories or less, a three-inch vent stack or stack vent shall be permitted. Residential buildings shall include hotels and motels. Section 905.7 New Section 905.7 is added to read as follows: 905.7 In all new residential construction with a basement. at least one two-inch (2") dry vent shall be available in the basement. Section 906.3 Delete Section 906.3 in its entirety and insert in lieu thereof the following: 906.3 Vent pipes shall be extended separately or combined, the full required size, not less than twelve inches (12") above the roof or fire wall. Flagpoling of vents is prohibited except where the roof is used for purposes in addition to weather protection. All vents within ten feet (10') of any part of the roof that is used for such other purposes shall extend not less than seven feet (7') above such roof and shall be securely stayed. Delete Section 906.7 in its entirety and insert in lieu thereof the following: 906.7 Frost or Snow Closure. Vent terminals shall be a minimum of three (3) inches (SO mm) in diameter but in no case smaller than the required vent pipe. The change in diameter shall be made at least one (1) foot (305 mm) below the roof in an insulated space and terminate not less than one (1) foot (305 mm) above the roof. Ordinance No. 07-4286 Page NO.9 Delete Table 10-1 in its entirety and insert in lieu thereof the following: TABLE 10-1 Horizontal Distance of Trap Arms (Except for water closet and similar flXtures)* Trap Arm (Inches) Distance Trap to Vent (Feet) 1~................................................................................5 1Y2 ................................................................................6 2 ...................................................................................8 3 ........... ...................................................................... 12 4 and larger ................................................................ 12 Slope shall be one-quarter inch (v.") per foot. *The developed length between the trap of a water closet or similar fixture (measured from the top of closet ring to inner edge of vent) and its vent shall not exceed six feet (6'). Section 1205.3 Delete Section 1205.3 in its entirety and insert in lieu thereof the following: 1205.3 It shall be unlawful for any serving gas supplier, or person furnishing gas, to tum on, or install any fuel gas or any gas meter or meters unless the valve is turned off and securely locked, until inspected and released by the Authority Having Jurisdiction. Section 1211.3.2 is amended by adding the following to the end of the section: (5) Fittings for CSST systems shall not be installed in concealed locations. 17-2-3: Cross Connection Control- Provisions. 1 . Definitions. The following definitions shall apply only to this Section For the purpose of this Section, these definitions supersede definitions given elsewhere in this Code. a. Approved backflow prevention assembly for containment. A backflow prevention assembly listed by the University of Southern California - Foundation for Cross Connection Control and Hydraulic Research as having met the requirements of ANSI-AWWA Standard C510-89, Double Check Valve Backflow-Prevention Assemblies or ANSI-AWWA Standard C511-89, Reduced-Pressure Principle Backflow-Prevention Assemblies, all as amended, for containment. The listing shall include the limitations of use based on the degree of hazard. The backflow prevention assembly must also be listed by the International Association of Plumbing and Mechanical Officials. b. Approved backflow prevention assembly for containment in a fire protection system. A backflow prevention assembly to be used in a fire protection system which meets the requirements of Factory Mutual Research Corporation (FM) and Underwriters Laboratory (UL), in addition to the requirements of paragraph 1(a). c. Auxiliary water supply. Any water supply on or available to the premises other than the approved water provider of public water such as, but not limited to, a private well, pond or river. d. Containment. A method of backflow prevention which requires the installation of a backflow prevention assembly at the water service entrance. e. Cross connection. Any connection or arrangement between a potable water supply system and any plumbing fixture or tank, receptacle, equipment or device, through which it may be possible for nonpotable, used, unclean, polluted and contaminated water or other substance to enter into any part of such potable water system under any condition. f. Customer. The owner, operator or occupant of a building or a property or of a private water system which has a water service from a public water system. g. . Degree of hazard. The rating of a cross connection or water service which indicates the potential to cause contamination or pollution. h. Double check valve backflow prevention assembly. A backflow prevention device consisting of two (2) independently acting, internally loaded check valves, four (4) properly located test plugs and two (2) isolation valves. (Backflow prevention assembly used for low hazard.) Ordinance No. 07-4286 Page NO.1 0 i. High hazard cross connection. A cross connection which may impair the quality of the potable water by creating an actual hazard to public health through poisoning or through contamination with sewage, industrial fluids or waste. j. Isolation. A method of backflow prevention in which a backflow prevention assembly is located at the cross connection rather than at the water service entrance. k. Low hazard cross connection. A cross connection which may impair the quality of potable water to a degree which does not create a hazard to public health but which does adversely and unreasonably affect the aesthetic qualities of such potable water for domestic use. I. Reduced pressure principle backflow prevention assembly. A backflow prevention device consisting of two (2) independently-acting, internally-loaded check valves, 'a differential pressure relief valve, four (4) properly located test plugs and two (2) isolation valves. (Backflow prevention assembly used for high hazard. ) m. Registered backflow prevention assembly technician. A person registered with the Iowa State Health Department or its successor agency to test or repair backfJow prevention assemblies and to report on the condition of those assemblies. n. Thermal expansion. Volumetric increase of water due to heating resulting in increased pressure in a closed system. o. Water service. Depending on the context, water service is the physical connection between a public water system and a customer's building, property or private water system or the act of providing potable water to a customer. 2. Authority Having Jurisdiction. a, For the purposes of 17-2-3 only, the Authority Having Jurisdiction is the City Council acting through such persons or agencies the City Council shall designate. b. The Authority Having Jurisdiction shall have the right to enter any property to inspect for possible cross connection, upon consent of the customer or upon a search warrant issued by a court of appropriate jurisdiction. c. The Authority Having Jurisdiction may collect fees for the administration of this program. Fees shall be established by resolution of the City Council. d. The Authority Having Jurisdiction shall maintain records of cross connection hazard surveys and of the installation, testing and repair of all backfJow prevention assemblies installed in this City. 3. New water services. a. Plans shall be submitted by the contractor to the Authority Having Jurisdiction for review of all new -water services to determine the degree of hazard before a permit is issued. b. The Authority Having Jurisdiction shall determine the type of backflow prevention assembly required for containment based on the degree of hazard. c. The Authority Having Jurisdiction shall require the installation of the appropriate backflow prevention assembly for containment before the initiation of water service. 4. Existing water services. a. Upgrades of existing water services shall be treated as new water services for the purpose of 17-2-3. b. The Authority Having Jurisdiction shall publish and make available to each customer a copy of standards used to determine the degree of hazard. c. After publication of the standards, the Authority Having Jurisdiction shall give written notice of the provisions of this Section to customers whose premises are classified as single-family residential. d. Customers whose premises are not regulated by the IRC shall be notified that an on-premise survey will be conducted by the Authority Having Jurisdiction to determine the type and degree of any hazards to the potable water system. e. The Authority Having Jurisdiction shall determine the type of backflow prevention assembly required for containment based on the degree of hazard, as determined from information received from customers or gathered through on-premises investigations or surveys. f. Within the time frame specified, in writing, by the Authority Having Jurisdiction, the customer shall install a backfJow prevention assembly for isolation and containment as required by the Authority Having Jurisdiction. g. For existing water services, the Authority Having Jurisdiction may inspect the premises to determine the degree of hazard. When high hazard cross connections are found, the administrative authority shall, at its sole discretion: 1) develop a schedule of compliance which the customer shall follow or 2) terminate the water service until a backflow prevention assembly for containment required by the Authority Having Jurisdiction has been installed. Ordinance No. 07-4286 Page No. 11 h. Failure of the Authority Having Jurisdiction to notify a customer that said customer is believed to have a high hazard cross connection and that said customer shall install backtlow prevention assemblies for containment in no way relieves a customer of the responsibility to comply with all requirements of this Section. 5. Customer. a. The customer shall. be responsible for ensuring that no cross connections exist without approved backflow protection within the customer's premises starting at the point of service from the public potable water system. b. The customer shall, at the customer's own expense, cause installation, operation, testing and maintenance of the backflow prevention assemblies required by the Authority Having Jurisdiction. c. The customer shall ensure the Authority Having Jurisdiction is provided with copies of records of the installation and of all tests and repairs made to the backflow prevention assembly on the approved form within fifteen (15) calendar days after testing and/or repairs are completed. d. If a backfIow incident occurs, the customer shall immediately notify the City of Iowa City Water Division, the City of Iowa City Backflow Prevention Coordinator, and/or the City of Iowa City Plumbing Inspector and take steps to confine the contamination or pollution. 6. Required backflow prevention assemblies for containment - water services. a. A water service having one or more cross connections which the Authority Having Jurisdiction classifies as high hazard shall have an approved air gap or an approved reduced pressure principle backflow prevention assembly. b. Water services having no high hazard cross connections but having one or more cross connections which the Authority Having Jurisdiction has classified as low hazard shall have an approved double check valve assembly. 7. Required backflow prevention assemblies for containment - fire protection systems. a. A reduced pressure principle backflow prevention assembly shall be installed on all new and existing fire protection systems which the Authority Having Jurisdiction determines to have any of the following: 1. Direct connections from public water mains with an auxiliary water supply on the premises or available to the premises for pumper connection. 2. Interconnections with auxiliary water supplies, such as reservoirs, rivers, ponds, wells, mills or other industrial water systems. 3. Antifreezes or other additives in the fire protection system. . 4. Combined industrial and fire protection systems supplied solely from the public water mains, with or without gravity storage or pump suction tanks. 5. Any other facility, connection or condition which may cause contamination. b. All other fire protection systems shall have a double check valve assembly. The double check valve shall be required on all new systems at the time of installation and on existing systems when they are upgraded. 8. Backflow prevention assembly technicians. a. Any person who tests or repairs backflow prevention assemblies shall be registered by the Iowa State Health Department or its successor agency. b. A backflow prevention assembly technician registered by the State shall include the technician's registration number on all correspondence and forms required by or associated with this Section. 9. Installation of backflow prevention assemblies. a. All backflow prevention assemblies shall be installed so that they are accessible for testing as stated in Section 603.1 of 2006 UPC. b. The required backflow prevention assemblies for containment shall be installed in horizontal plumbing immediately following the meter or as close to that location as deemed practical by the administrative authority. In any case, it shall be located upstream from any branch piping. Installation at this point does not eliminate the responsibility of the customer to protect the water supply system from contamination or pollution between the backfIow prevention assembly and the water main. c. If interruption of water service during testing and repair of backfIow prevention assemblies for containment is unacceptable to the customer, two (2) backflow prevention assemblies, sized to handle the temporary water flow need during the time of test or repair, should be installed in parallel piping. d. All newly installed shut-off valves shall conform to the requirements for either ball or resilient seat gate valves published in the current edition of the Manual of Cross-Connection Control (University of Southern California), as amended. Ball valves shall be used on assemblies installed in piping two inches (2") and smaller, and resilient seat gate valves shall be used on assemblies installed in piping larger than two inches (2"). 10. Testing of backfIow prevention assemblies. Ordinance No. 07-4286 Page No. 12 a. Backflow prevention assemblies shall be tested by a registered backflow prevention assembly technician, and the costs of tests required by this Section shall be paid by the customer. b. Backflow prevention assemblies shall be tested upon installation and shall be tested and inspected at least annually thereafter. c. Backflow prevention assemblies which are in place but which have been out of operation for more than three (3) months shall be tested before operation resumes. Backflow prevention assemblies used in seasonal applications shall be tested before operation resumes each season. d. Any backflow prevention assembly which fails a periodic test shall be repaired or replaced. When . water service has been terminated for noncompliance, the backflow prevention assembly shall be repaired or replaced prior to the resumption of water service. Backflow prevention assemblies shall be retested by a registered backflow prevention assembly technician after repair or replacement. e. The registered backflow prevention assembly technician shall report the assembly within fifteen (15) calendar days of the test to the customer and to the Authority Having Jurisdiction on the form provided by the Authority Having Jurisdiction. f. The Authority Having Jurisdiction may require, at its own cost, additional tests of individual backflow prevention assemblies as it shall deem necessary to verify test procedures and results. 11. Repair of backflow prevention assemblies. a. All repairs to backflow prevention assemblies shall be performed by registered backflow prevention assembly technicians. b. The registered backfJow prevention assembly technician shall not change or modify the design, material or operational characteristics of a backflow prevention assembly during repair or maintenance and shall use only original manufacturer replacement parts. c. The registered backfJow prevention assembly technician shall report the repair of a backflow prevention assembly within fifteen (15) calendar days of the repair to the customer and to the Authority Having Jurisdiction on the form provided by the Authority Having Jurisdiction. The report shall include the list of materials or replacement parts used and shall summarize the work performed. 12. Customer noncompliance. Water service may be discontinued if a customer fails to comply with Section 17-2.3. Noncompliance includes, but is not limited to, the following: a. A customer's refusal to grant access to the property for the purpose of performing inspections required by this Section. b. Removal of a backflow prevention assembly which has been required by the Authority Having Jurisdiction. c. Bypassing a backflow prevention assembly which has been required by the Authority Having Jurisdiction. d. Providing inadequate backflow prevention when cross connections exist. e. Failure to install, test and/or properly repair a backflow prevention assembly which has been required by the Authority Having Jurisdiction. f. Failure to comply with the requirements of this Section. g. Deliberate falsification of documentation concerning the backflow prevention assemblies or possible cross connections. 13. Backflow Testing Equipment shall be calibrated by the manufacturer or certified gage calibration company every two years or sooner if recommended by the manufacturer. 17-2-4: GARAGE FLOOR DRAINS: Garages and ~ther structures for the housing, sale, repair or for commercial washing of automobiles, which connect with the sewer, shall be provided with a proper means for draining the floors and repair pits so that no drainage therefrom shall flow over any street, alley, sidewalk or pavement approach. Such drains shall be constructed with a device for catching sand, silt or other solids and shall have a seal depth of not less than six inches (6") above the sand receiver. The drain outlet shall not be smaller than a four-inch (4") connection. All materials used for vents and waste lines shall conform with the other provisions of this Code. The trap shall be constructed of cast iron, cement or hard burned brick laid in cement mortar with an accessible iron cover. Any place of business where gasoline, benzine, naphtha or other inflammable solutions or compounds are used or kept shall be provided with special drains in the same manner as those required for garages. Such drains and traps must be approved by the Administrative Authority. Exception: In garages regulated by the Building Code the trap may be constructed with other watertight materials and the drain may . be piped with two (2) inch PVC as approved by the Authority Having Jurisdiction. 17-2-5: CONNECTIONS TO THE PUBLIC SANITARY SEWER: A. The junction pieces, slants or wyes built into the sanitary sewer during construction must be used for connecting all private sewers or house drains unless special permission to use other means is endorsed on the permit. Before making a connection to the public sewer, the plumber shall excavate and clear a Ordinance No. 07-4286 Page No. 13 trench at the point of connection. The actual connection with said junction piece, slant or wye must be made in the presence of the Authority Having Jurisdiction. The cover on the wye branch on the sewer should be carefully removed to prevent injury to the socket. B. If there is no junction piece. slant orwyes already in the sewer,the Wastewater Superintendent shall be notified that a tap will be necessarY. The excavation shall be property prepared by the plumber and the sewer main completely uncovered. A City crew will inspect the tap made by the contractor or make the tap and install a sewer saddle for the plumber. C. In all cases, the excavation showing the connections shall be kept open by the plumber until the excavation has been inspected by the City. SECTION 5. REPEALER.. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 6. PENALTIES FOR VIOLATIONS. The violation of any provision of this ordinance is a municipal infraction as provided in 1-4-2D of this code. SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall be in effect after final passage, approval, and publication as provided by law. ~c~er ATTEST: ~.;f. ~~ CI . LERK Approved by: ~ ~.~a.,-c>t- City Attorney's Office hisblglord/2006 code amendmentsf2006 plumbing code.doc ,2007. Ordinance No. 07-4286 Page -L4.... It was moved by Champion and seconded by Vanderhoef as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn x x First Consideration 9/18/2007 Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell. NAYS: None.. ABSENT: None. Second Consideration 10/2/2007 Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Date published 10/24/2007 i- W- , II ... <'\'. ;.( Prepared by: Tim Hennes and Ryan Olson, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. 07-42~7 AN ORDINANCE AMENDING SECTION 17, CHAPTER 4, MECHANICAL CODE, BY ADOPTING THE 2006 EDITION OF THE INTERNATIONAL MECHANICAL CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 2006 Edition of the International Mechanical Code as published by th~ International Code Council; and to provide for certain amendments thereof; to provide for the prote~tion of the health, welfare and safety of the citizens of Iowa City, Iowa, and to provide for its enforcement. SECTION II. Sections 17-4-1, 17-4-2, and 17-4-3 of the City Code are hereby repealed and the following new Sections 17-4-1, 17-4-2 and 17-4-3 are enacted in lieu thereof. 17-4-1: Code adopted: Subject to the following amendments, the 2006 Edition of the Intemational Mechanical Code (IMC)is hereby adopted and shall be known as the Iowa City Mechanical Code or the Mechanical Code. Interpretations of the Building Official may be guided by publications of the Intemational Code Council, Inc., or the Intemational Existing Building Code. . 17-4-2: Interpretation of Mechanical Code provisions: The provisions of this Code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of Iowa City. Any higher standards in the state statute or City ordinance shall be applicable. 17-:4-3: Amendments to Code: The following sections of the 2006 edition of the International Mechanical Code are amended as follows: A. Modify entire code to replace ulCC Electrical Code" with UNational Electric Code" and replace Ulnternational Plumbing Code" with "Uniform Plumbing Code". B. Section 101.1. Insert: ulowa City". " C. Section 106.5.1. Delete Section 106.5.1 and insert in lieu thereof the following: Section 106.5.1 Work commencing before permit Issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit if a permit were issued. This fee shall be collected whether or not a permit is issued. The payment of such fee shall not exempt any person from compliance with all other provisions of this Code or from ahy penalty prescribed by law. Only the Building Official may reduce this fee when it is demonstrated that an emergency existed that required the work to be done without a permit. D. Section 106.5.2. Delete Sections 106.5.2 and insert in lieu thereof the following: 106.5.2 Permit Fees. The fee for each permit shall be as set forth in the mechanical permit fee schedule as established by resolution of the City Council. E. Section 106.5.3. Delete Section 106.5:3 and insert in lieu thereof the following: 106.5.3 Refunds. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official shall not authorize the" refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. F. Sections 108.4 and 108.5. Delete Sections 108.4 and 108.5. Section 109. Delete Sectio"n 109 in its entirety and insert in lieu thereof the following: Section 109 Appeals. See Section 17-12 Appeals in the City Code. G. Section 106.2 Modify by adding part "9" as follows: 9. The replacement of fixed appliances provided however that the replacement appliance is in the same location and has a rating equal to less than the appliance being replaced, and it is not necessary to remove, replace, alter, or install any additional ductwork or piping. H. Section 304.3.1. Delete section 304.3.1. I. Section 504.5. Delete section 504.5 in its entirety anQ insert in lieu thereof the following: 504.5 Makeup air. All installations shall be provided with makeup air with an opening of not less than 100 square inches or as required by the manufactures' specifications. J. Section 506.3.3.1 Delete the following from the first sentence uin the presence of the code official". K. Section 506.3.12.3 Modify the paragraph by adding the following 'Where the exhaust outlet fronts an alley, the measurement may be taken from the center line of the alley." Ordinance No. 07-4287 Page 2 L. Section 507.2.1.1. Delete section and insert in lieu thereof the following: Operation. Where commercial cooking appliances are vented by means of a Type I or Type II kitchen exhaust hood system, the exhaust system shall be fan powered and the appliances shall be interlocked with the exhaust hood system to prevent appliance operation when the exhaust hood system is not operating. The activation of the exhaust fan shall occur through an interlock with the cooking appliances, by means of heat sensors or detectors, or by other approved methods. Where a solenoid valve is installed in the gas piping as part of an interlock system, gas piping shall not be installed to bypass such valve. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. PENALTIES FOR VIOLATIONS: The. violation of any provision of this Ordinance is a municipal infraction punishable by a penalty as provided for in subsection 1-4-20 of this Code. SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect upon final pass.age, approval and publication as provided by law. Passe approved this 16th day of October ,2007. M OR ATT~ST: ~~~ k'. ~.-uJ CITY LERK Appro~.y y ~ . ~ <t<~d()-o.t City Attorney's Office Hisbldg/ords/2006BCAf2006 imc.doc Ordinance No. 07-4287 Page ~ It was moved by Bailey and seconded by Vanderhoef as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn x x x x x x x First Consideration 9/18/2007 Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell. NAYS: None. ABSENT: None. Second Consideration 10/2/2007 Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: NOne. ABSENT: None. Date published 10/24/2007 /If\l.q L' '"'" ..,! ~........1 Prepared by: Tim Hennes and Ryan Olson, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. 07-4288 AN ORDINANCE AMENDING CITY CODE TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 13, ENTITLED "FUEL GAS CODE," BY ADOPTING THE 2006 EDITION OF THE INTERNATIONAL FUEL GAS CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City is considering adopting international codes, including the International Building, Residential, Fire, and Mechanical Codes, that reference the 2006 Edition of the International Fuel Gas Code; and WHEREAS, it is in the best interest of Iowa City to adopt the 2006 Edition of the International Fuel Gas Code with certain local amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 2006 Edition of the Intemational Fuel Gas Code as published by the International Code Council; and to provide for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa, and to provide for its enforcement. SECTION II. Sections 17-13-1, 17-13-2, and 17-13-3 of the City Code are deleted and the following new Sections 1-3 are hereby added. 17-13-1: Code adopted: Subject to the following amendments, the 2006 Edition of the International Fuel Gas Code (IFGC) is hereby adopted and shall be known as the Iowa City Fuel Gas Code or the Fuel Gas Code. Interpretations of the Building Official may be guided by publications of the International Code Council, Inc., or the International Existing Building Code. 17-13-2: Interpretation of Fuel Gas Code provisions: The provisions of this Code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of Iowa City. Any higher standards in the state statute or City ordinance shall be applicable. 17-13-3: Amendments to Code: The following sections of the 2006 edition of the International Fuel Gas Code are amended as follows: A. Modify entire code to replace "ICC Electrical Code" with "National Electric Code" and replace "International Plumbinq Code" with "Uniform Plumbinq Code". . . B. Section 101.1. Insert: "Iowa City" C. Section 106.2 Modify bv addinq part "3" as follows: 3. The replacement of fixed appliances provided however that the replacement appliance is in the same location and has a rating equal to or less than the appliance being replaced, and it is not necessary to remove, replace, alter, or install any additional ductwork or piping. D. Section 106.5.1. Delete Section 106.5.1 and insert in lieu thereof the following: Section 106.5.1 Work commencing before permit issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit if a permit were issued. This fee shall be collected whether or not a per,mit is issued. The payment of such fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. Only the Building Official may reduce this fee when it is demonstrated that an emergency existed that required the work to be done without a permit. E. Section 106:5.2. Delete Section 106.5.2 and insert in lieu thereof the following: 106.5.2 Permit Fees. The fee for each permit shall be as set forth in the mechanical permit fee schedule as established by resolution of the City Council. Ordinance No. 07-4288 Page 2 F. Section 106.5.3. Delete Section 106.5.3 and insert in lieu thereof the following: 106.5.3 Refunds. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. G. Section 108.4 and 108.5. Delete Sections 108.4 and 108.5. H. Section 109. Delete Section 109 in its entirety and insert in lieu thereof the following: Section 109 Appeals. Any person aggrieved by a decision of the Building Official with regard to the International Fuel Gas Code may file an appeal as provided in Section 17-12 Appeals in the City Code. I. Section 303.3. Modify by deleting exceptions 3 and 4. J. Section 305.3.1 Delete section 305.3.1.. K. Section 404.1 Delete last sentence "Piping installed downstream of the point of delivery shall not extend through any townhouse unit other than the unit served by such piping." L. Section 505.1.1 Delete section and insert in lieu thereof the following: Operation of Commercial Cooking Appliances. Where commercial cooking appliances are vented by means of a Type I or Type II kitchen exhaust hood system, the exhaust system shall be fan powered and the appliances shall be interlocked with the exhaust hood system to prevent appliance operation when the exhaust hood system is not operating. The activation of the exhaust fan shall occur through an interlock with the cooking appliances, by means of heat sensors or detectors, or by other approved methods. Where a solenoid valve is installed in the gas piping as part of an interlock system, gas piping shall not be installed to bypass such valve. M. Section 614.5. Delete Section 614.5 in its entirety and insert in lieu thereof the following: 614.5 Makeup air. All installations will be provided with makeup air with an opening of not less than 100 square inches or as required by the manufacturers' specifications. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. PENALTIES FOR VIOLATIONS. The violation of any provision of this Ordinance is a municipal infraction punishable by a penalty as provided for in Section 1-4-2D of this Code. SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect upon final passage, approval, and publication as provided by law. Passe approved this J 6t"h day of Ort"ohPT ,2007. MA OR ATTEST:~~ ~ ~ C CLERK Approved by ~<6-~~4 City Attorney's Office Hisbldg/ord/2006BCA/2006ifgc.doc Ordinance No. 07-4288 Page ~ It was moved by Vanderhoef and seconded by O'Donnell as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x x X x First Consideration 9/18/2007 Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. .Second Consideration 10/2/2007 Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Correia, Champion. NAYS: None. ABSENT: None. Date published 10/24/2007 lr 'Prepared by: Roger Jensen, Deputy Chief, and John Grier, Fire Marshal, 410 E. Washington Street, Iowa City, IA 52240 ORDINANCE NO. 07-4289 AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY ADOPTING THE 2006 EDITION OF"THE INTERNATIONAL FIRE CODE TO REGULATE AND GOVERN THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY AND PROVIDING FOR THE ISSUANCE OF PERMITS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. 1. Section 1, entitled, "Fire Code Adopted," is hereby deleted and the following new Section 1 is inserted in lieu thereof: That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Iowa City, being marked and designated as the International Fire Code, 2006 edition, including Appendix Chapters B, C, D, E, F, and G, as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Iowa City, in the State of Iowa regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided, providing for the issuance of permits and each, and all of the' regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully sel out in this ordinance, with the additions, insertions, deletions and changes, prescribed in the following seCtions of this ordinance. 2. Section 2, entitled "Amendments to Fire Code," is deleted in its entirety and the following new Section 2 is inserted in lieu thereof: ' That the following sections are hereby revised: Section 101.1 Insert: Iowa City, Iowa Section 1 08. Delete Section 108 in its entirety and insert in lieu thereof: See Title 17 Chapter 12 in this Code. , Section 109.3 Insert: municipal infraction, as prescribed in 1-4-2. Section 111.4 Delete the remaining words of the sentence beginning with "liable to a fine" and insert in lieu thereof "as provided for in a municipal infraction." That the geographic limits referred to in certain sections of the 2006 International Fire Code are hereby established as follows: Section 3204.3.1.1. The storage of flammable cryogenic fluids in stationary containers is prohibited in the entIre City of low~ Olty, low.. Exception: Zones 11&2, CI1 and/or as approved by the Fire Chief. Section 3404.2.9.5.1. The .storage of Class I and Class " liquids in above-ground tanks outside of buildings is prohibited in the entire City of Iowa City, Iowa. . Exception: Zones 11 &2, CI1 and/or as approved by the Fire Chief. Section 3406.2.4.4. The storage of Class I and Class" liquids in above-ground tanks is prohibited in the entire City of Iowa City, Iowa. Exception: Zones I 1 &2, CI1 and/or as approved by the Fire Chief. Ordinance No. 07-4289 Page 2 Section 3804.2. The storage of liquefied petroleum gas is prohibited in the entire City of Iowa City, Iowa. Exception: Zones I 1 &2, CI 1 and/or as approved by the Fire Chief. Section 102.1 Modify by adding a fifth applicability requirement to the end as follows: 5. A. A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 299 or more with an Alcoholic Beverage Division License (ABDL) shall comply with Section 903.2.1.2 by July 1, 2010. B. A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 50-298 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. , C. B Occupancies that existed prior to August 1, 2007 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. D. All A-2. Occupancies that existed prior to August 1, 2007 with an occupant load of 100-298 with an ABDL shall comply with Section 903.2.1.2, provided that there is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. . Section 104.1.1 Add a sentence to the end of the section to read as follows: The code official and members of the fire prevention bureau shall have the powers of a peace officer in performing their duties under this Code. Section 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate such members of the Fire Department as fire/police investigators upon being certified by the Iowa Law Enforcement Academy. Fire/police investigators shall have the powers of a peace officer in performing their duties under this Code, including full powers of arrest to effectuate their duties of enforcing city ordinances and state statutes. Notwithstanding his/her status as a peace officer, a fire/police investigator shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall perform such functions as the Fire Chief shall assign. Section 104.12 Add a new section to read as follows: The code official is authorized to order an operation or use stopped or the evacuation of any premises, building, or vehicle or portion thereof which has or is a fire, life safety or health hazard. . Section 105.2 Add a sentence to the end of the section to read as follows: Application for an operational permit shall be submitted with all required information not less than 14 days prior to the event . requiring a permit. Section 108 Delete in its entirety. See 14-5-M of this Code. Section 202 Add a new definition to read as follows: CODE OFFICIAL. The Chief Officer of the Fire Department, the Fire Marshal, or the Chief's authorized representative. Section 202 Delete the existing definition and substitute the following: R-4 Residential occupancies shall include buildings arranged for occupancy as residential care/assisted living facilities including more than five but not more than 16 occupants, excluding staff. Group R-4 occupancies shall meet the requirements for construction as defined in the International Building Code for Group R-3, except as otherwise provided for in that code. Section 307 See also 6-6 of this Code. Section 307.1.1 Delete the section and replace with: Prohibited burning. Burning that is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. Section 307.1.2 Add a new section to read as follows: Hours of operation. A person shall not maintain any outdoor burning from 11 p.m. to 7 a.m. unless permitted and approved by the fire code official. Ordinance No. 07-4289 Page 3 Section 307.3 Delete the section and replace with: Extingui.shment authority. The fire code official is authorized to order the extinguishment by the responsible person or the fire department of any burning that creates or adds to a hazardous or objectionable situation. Section 315.2 Add a sentence to the end of the section to read as follows: Combustible material storage shall be confined to approved storage areas, such that the presence of incidental storage in any other area of the building does not constitute a hazard. Section 401.6 Add a new section to read as follows: Building evacuation. Upon activation of the building fire alarm system or upon notification by other means of detecting and reporting unwanted fire, all building occupants shall promptly evacuate the building. Building employees and tenants shall implement the appropriate emergency plan and procedures. Exception: When the emergency evacuation plan, as approved by the fire code official, does not require the immediate total evacuation of the building. Section 402.1 Add a new definition to read as follows: CROWD MANAGEMENT. Crowd management meshes the design features of a facility, the established operating features of that facility, and an understanding of the occupants' expected natural behavior in that facility for a specific type of event. Section 403.3 Add a new section to read as follows: Crowd manager. Group A-2 occupancies shall be provided with a minimum of one (1) trained crowd manager anytime occupancy reaches 50 or more. Where the occupant load exceeds 250, additional trained crowd managers shall be provided at a ration of one (1) crowd manager for every 250 occupants. The crowd manager shall receive approved training in crowd management techniques. Section 405.2 Add to the end of the section as follows: Fire and evacuation drills in Group E occupancies shall be conducted in accordance with Section 100.31 of the Code of Iowa. Fire drills in Group R, Division 2, Fraternities and Sororities, shall be conducted once per academic semester. Section 502.1 Add a sentence to the end of FIRE LANE definition to read as follows: See City Code 9- 4-13 (ordinance 98-3850, 9-22-1998) for additional rules and regulations. Section 503.2.8 Add a new section to read as follows: Thickness. Fire apparatus access roads shall , be constructed of Portland cement concrete conforming to the specifications of the Iowa Department of Transportation C-3 or M-3 mixes. The concrete access road shall be a minimum of 7 inches thick over compacted soil. Section 505.1 Add to the end of the section as follows: From 100-199 ft from the street the number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200-299 ft from the street the number shall be a minimum of 8 inches high with a minimum stroke of 0.5 inches. For each additional 100 ft from the street, the number shall increase by an additional 2 inches in height. Measurements to determine the minimum number size shall be measured from the approved address location to the center line of the street for which the premises is addressed. Section 506.1 Add a sentence to the end of the section to read as follows: An approved key box shall be installed in an approved location on all new construction. Exceptions: Group R-3 and unsecured R-2 occupancies. Section 508.5.1 Delete exceptions -1 & 2. Section 511 Add a new section to read as follows: . FIRE DEpARTMENT RADIO COMMUNICATIONS 511.1 Where required. No person shall erect, construct, maintain or modify any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for City of Iowa City public safety services, including but not limited to police, fire, and public works departments. 511.1.1 AMPLIFICATION SYSTEMS ALLOWED Ordinance No. 07-4289 Page 4 Buildings and structures shall be equipped with any of the following, in order to achieve adequate radio coverage: 1) A radiating cable system or 2) An internal multiple antenna system with FCC Type Accepted Bi-Directional UHF Amplifiers as needed to encompass the frequency range stated below or frequency range subsequently established by the City of Iowa City or 3) A system that has been approved by the City of Iowa City as being capable of providing amplification to meet this ordinance requirements. 511.1.2 System Requirements: 1) The frequency that must be supported shall be 810.7125 to 815.2625 MHz and 855.7125 to 860.2625 MHz and adaptable to other appropriate emergency frequencies (700 MHz or greater). The system must be capable of encompassing the frequencies stated herein and capable of future modifications to a frequency range subsequently established by the City of Iowa City. 2) All system components must be 100 percent compatible with analog and digital modulations after installation without additional adjustments or modifications. 3) Mandatory use of FCC certificated equipment is required. 4) If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve (12) hours without external power input. The battery system shall automatically charge in the presence of an external power input. 5) Signal levels, percentage of coverage and reliability percentage. a. A minimum signal strength of one (1) microvolt [-107 dBm] available in 95% of the area of each floor of the building when transmitted from the City of Iowa City Communications Center; and b. A minimum signal strength of one (1) microvolt [-107 dBm] received at the City of Iowa City Communications Center when transmitted from 95% of the area of each floor of the building, via portable radio with public safety microphone; and c. A 95% reliability factor. 6) The installation of equipment as stated above can not be detrimental to the operation of the Public Safety Radio System. 7) Testing procedures. a. Initial tests will be performed by an agent of the City of Iowa City. Certificate of occupancy shall not be issued to any structure if the building fails to comply with this section. b. Annual tests will be conducted by the Iowa City Fire Department in conjunction with inspection procedures. Section 605.9 Delete the section and insert in lieu thereof: Temporary wiring. Temporary wiring for electrical power and lighting installations is allowed for a period not to exceed 90 days for holiday decorative lighting, carnivals and similar purposes. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Section 605.10 Delete the section and replace with: Portable, electric, space heaters. Portable electric space heaters shall comply with Sections 605.10.1 through 605.10.5. Section 605.10.5 Add a new section to read as follows: Fully enclosed. Portable, electric space heaters shall be fully enclosed space heaters that by design have no external surfaces that reach temperatures capable of igniting materials placed against the surface. Section 804.3 Add a new section to read as follows: Maintenance. The interior finish of buildings shall be maintained in accordance with the conditions of original approval. Any change to the interior finish that is regulated by the provisions of this code or the building code shall be made in accordance with all applicable requirements. Ordinance No. 07-4289 Page 5 Section 806.1 Add a sentence to the end of the section to read as follows: Natural or resin-bearing cut trees and natural decorative vegetation used in buildings open to the general public shall be properly treated with an approved flame retardant. Section 806.1.1 Delete the section and replace with: Restricted occupancies. Natural cut trees shall be prohibited in Group A, B, E, 1-1, 1-2, 1-3, 1-4, M, R-1, and R-4 occupancies. Exception: Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, B, E, M and R-1. Section 807.4.3.1 Delete exceptions 1 & 2. Section 807.4.4.1 Delete exceptions 1 & 2. Section 901.2 (a) Add a new section to read as follows: Water based fire protection systems. Working plans submitted to the fire department for water based fire protection systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for Automatic Sprinkler System Layout OR be a licensed engineer with experience in life safety system design. Other qualifications may be approved by the code official. Section 901.2 (b) Add a new section to read as follows: Fire alarm systems. Working plans submitted to the fire department by a qualified person for fire alarm systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for Fire Alarm Systems OR be a licensed engineer with experience in life safety system design. Other qualifications may be approved by the code official. Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2 A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided if one of the following conditions exist: 1) The fire area exceeds 5,000 square feet; 2) The fire area has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. B. ExistinQ Group A-2 Occupancies and Group B Occupancies that existed prior to August 1, 2007. An automatic sprinkler system shall be provided throughout the A-2 occupancy if one of the following conditions exists: 1) The A-2 occupancy has an occupant load of 299 or more and has an ABDL. Exemption: Single business occupancies in single story nonabutting buildings; or 2) The A-2 occupancy has an occupant load of 50-298 and is located on a floor other than the level of exit discharge and has an ABDL; or 3) Group B Occupancies located on a floor other than the level of exit discharge and which have an ABDL; or 4) Group A~2 Occupancies with occupant load of 100 or more that have an ABDL and are not regulated in B1 or B2 above, provided: There is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Section 903.2.1.3 Delete the exception without substitution. Section 903.2.1.4 Delete the exception without substitution. Section 903.2.1.6 Add a new Section 903.2.1.6 as follows: Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system Ordinance No. 07-4289 Page 6 shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located, and in all floors between the Group B occupancy and the level of exit discharge. Section 903.4.2 Delete the section and replace with: Alarms. An approved weatherproof horn/strobe device shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in height above grade. The water-flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Approved and supervised audible visual notification appliances shall be installed on each level of the interior of the building as required by the fire code official and NFPA 72. Section 903.7 Add a new section to read as follows: Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. Section 906.1 Delete the exception without substitution. Section 906.3 Add a sentence to the end of the section. to read as follows: The minimum size and rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 51b. 2-A, 10-B C. Section 907.2 Delete the section and replace with: Where required-new buildings and structures. An approved and addressable manual, automatic, or manual and automatic fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with 907.10, unless other requirements are provided by another section of this code. Where automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the building fire alarm system, automatic heat detection required by this section shall not be required. The automatic fire detectors shall be smoke detectors. Where ambient conditions prohibit installation of automatic smoke detection, other automatic fire detection shall be allowed. Section 907.2.1 Delete the exception in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2) Group A-2. An automatic/manual fire alarm system shall be installed in Group A-2 occupancies with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. Section 907.2.3 Modify by adding a sentence to the end of the first paragraph as follows: New and existing educational occupancies shall have a monitored fire alarm system. Section 907.2.3 Modify by adding a 4th exception as follows: 4. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm system unless required elsewhere in the code. Section 907.2.10.1.2 Modify by adding a fourth location requirement as follows: 4) Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all stairway enclosures in Groups R-2, R-4 and 1-1 occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the code. Ordinance No. 07-4289 Page 7 Section 907.2.12.3 Delete the section and replace with: Fire department communication system. Where required. No person shall erect, construct, maintain or modify any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for City of Iowa City public safety services, including but not limited to police, fire, and public works departments. 907.2.12.3.1 AMPLIFICATION SYSTEMS ALLOWED Buildings and structures shall be equipped with any of the following, in order to achieve adequate radio coverage: 1) . A radiating cable system or 2) An internal multiple antenna system with FCC Type Accepted Bi-Directional UHF Amplifiers as needed to encompass the frequency range stated below or frequency range subsequently established by the City of Iowa City. 3) A system that has been approved by the City of Iowa City as being capable of providing amplification to meet this ordinance requirements. 907.2.12.3.2 System Requirements: 1) The frequency that must be supported shall be 810.7125 to 815.2625 MHz and 855.7125 to 860.2625 MHz and adaptable to other appropriate emergency frequencies (700 MHz or greater). The system must be capable of encompassing the frequencies stated herein and capable of future modifications to a frequency range subsequently established by the City of Iowa City. 2 All system components must be 100 percent compatible with analog and digital modulations after installation without additional adjustments or modifications. 3) Mandatory use of FCC certificated equipment is required. 4) If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve (12) hours without external power input. The battery system shall automatically charge in the presence of an external power input. 5) Signal levels, percentage of coverage and reliability percentage. a. A minimum signal strength of one (1) microvolt [-107 dBm] available in 95% of the area of each floor of the building when transmitted from the City of IOWa City Communications Center; and b. A minimum signal strength of one (1) mi9rovolt [-107 dBm] received at the City of Iowa City Communications Center when transmitted from 95% of the area of each floor of the building, via portable radio with public safety microphone; and c. A 95% reliability factor. 6) The installation of equipment as stated above can not be detrimental to the operation of the Public Safety Radio System. 7) Testing procedures. a. Initial tests will be performed by an agent of the City of Iowa City. Certificate of occupancy shall not be issued to any structure if the building fails to comply with this section. b. Annual tests will be conducted by the Iowa City Fire Department in conjunction with inspection procedures. Section 907.4 Add a sentence to the end of the section to read as follows: Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to modify the requirements for manual fire alarm boxes. Section 907.9 Modify by deleting the exception and inserting in lieu thereof: Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. Section 907.9.3 Add a section to read as follows; Zone and address location labeling. Fire alarm and/or annunciator panels shall have all zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an easily readable map of the building. Section 907.15 Add to the end of the section as follows; Each address point identification shall have an alpha/numeric descriptor location. Alpha/numeric descriptor locations are required to be reported to the Iowa City Emergency Communications Center upon activation of supervisory and/or alarm conditions as Specified by the fire code official. Ordinance No. 07-4289 Page 8 Section 910.3.2.2 Delete section and replace with: Sprinklered buildings. Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat-responsive device rated at least 100 degrees F (38 degrees C) above the operating temperature of the sprinkler. Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1. Section 912.7 Add a section to read as follows: Size. Minimum fire department connection size shall be 2 W' National Standard Thread. Section 1025.2 Delete the exception in Section 1025.2 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2, in assembly occupancies where there is no well-defined main exit or where multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of the building provided that the total width of egress is not less than 100 percent of the required width. 2) The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than two-thirds of the total occupant load. Section 1026.1 Modify by deleting exceptions 1, 2, 4, & 7. Section 2306.7 Modify by deleting footnote "J" from TABLE 2306.2. Section 2703.5 Add a sentence to the end of the section to read as follows: Signs shall also comply with the requirements of the Iowa Right to Know law. Section 3301.1.3 Delete exception 4 and insert in lieu thereof: The possession, storage, sale, handling and use of gold. star producing sparklers on wires which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one-eighth of an inch in diameter, toy snakes which contain no mercury or caps used in cap pistols. Section 3404.2.9 Add a sentence to the end of the section to read as follows: For aboveground storage tanks of 276 gallons capacity or more, the minimum distance between such aboveground tanks and any Residential Zone boundary must be at least 100 feet. If the aboveground tank is located in an approved vault, the minimum separation distance from a Residential Zone boundary may be reduced to no less than 50 feet. Section 3404.2.11.2 Add a #4 to the end of the section to read as follows: 4) A minimum distance of ten (10) feet shall be maintained between underground tanks and any Residential Zone boundary. Section 3404.2.13.2.4 Add a section to read as follows: Existing above-ground tank hazards. Existing above-ground tank installations, even if previously approved, that are determined to constitute a hazard by the fire code official, shall not be continued in service. Unsafe tanks shall be removed as required by the fire code official and in accordance with this code. Section 3405.5.1 Add an exception to read as follows: 6) Corridor installations are prohibited in Group-E occupancies. 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 full force and effect after its final passage, approval and publication, as provided by law. Ordinance No. 07-4289 Page 9 Passed and approved this -16..th day of October C2(.J~ MAYOR . '"\ . ATTEST: )}~ ,r ~~J CITY CLE ". Approved by: ~ ?;- a \-(j~ City Attorney's Office HisbldglOrd/2006 Code Amends/2006 IFC Ordinance. doc ,2007. Ordinance No. 07-4289 Page ~ It was moved by Champion and seconded by Bailey as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x X X X X X First Consideration 9 / 18 / 2007 Vote for passage: AYES: Correia, Elliott, 0' Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration 10/2/2007 Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott. NAYS: None. ABSENT: None. Date published 10/24/2007 I,~..j('i o fs-- Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 07-4290 ORDINANCE REPEALING ORDINANCE NO. 99-3872, CODIFIED AT TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 9, ENTITLED, "BUILDING CONSERVATION CODE," BECAUSE THE PROVISIONS ARE NOW INCLUDED IN THE BUILDING CODE. WHEREAS, Ordinance No. 99-3872, codified at Section 17-9, adopted the 1997 Edition of the Uniform Code for Building Conservation, to regulate the use and reuse of legally existing buildings; WHEREAS, the City's current Building Code, Section 17-2, provides the same regulation as the Uniform Code for Building Conservation, and thus Ordinance No. 99-3872 is duplicative and should be repealed; and WHEREAS, it is in the City's interest adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Ordinance No. 99-3872, which is codified at Title 17, entitled "Building and Housing," Chapter 9, entitled "Building and Conservation Code," is repealed in its entirety. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION 111. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law Passed and approved this 16th day of October ~ LJ.it YOR ,2007. ATTEST ~.d~./ i! ~~ CI . LERK APPF~: :\ ~~ \S ' ~J ~ City Attorney's Office Ordinance No. 07-4290 Page ~ It was moved by Vanderhoef and seconded by Champion as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: x X X X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 9/18/2007 Vote for passage: AYES: Elliott, 0' Dopnell, Correia. NAYS: None. ABSENT: None. Second Consideration 10/2/2007 Vote for passage: AYES: Elliott, O'Donnell. Date published 10/74/7007 Vanderhoef, Wilburn, Bailey, Champion, Vanderhoef, Wilburn, Bailey, Champion, Correia, NAYS: None. Absent: None. : 1\1r '\ 'u {(-; Prepared by: Marian K. Karr, City Clerk, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5041 ORDINANCE NO. 07-4291 ORDINANCE AMENDING TITLE 8 OF THE CITY CODE, ENTITLED "POLICE REGULATIONS," CHAPTER 8, ENTITLED, "POLICE CITIZENS REVIEW BOARD," ARTICLE 10, ENTITLED "COUNCIL REVIEW," TO DELETE THE 2-YEAR CITY COUNCIL REVIEW. WHEREAS, the Police Citizens Review Board was formed in July 1997 by Ordinance No. 97-3792 to assist the City in processing citizen complaints concerning the Police Department and assuring the Police Department is responsive to community needs; and WHEREAS, the ordinance included a sunset clause which automatically repealed the ordinance on August 1, 2001 unless re-enacted by City Council; and WHEREAS, Ordinance No. 01-397 removed the sunset clause and replaced it with a 2- year review by City Council; and WHEREAS, the City Council now wishes to remove the 2-year review. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 8, entitled "Police Regulations," Chapter 8, entitled "Police Citizens Review Board," Article 10, entitled "Council Review is hereby amended by deleting the 2-year City Council review. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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. Passed and approved this 16th day of October, 2~ . , GJlt Ross Wilburn, Mayor -----'I ATTEST ~~ K ..~~ Maria K. Karr, City Clerk ~~ 9 -).r-1J7 City Attorney's Office Ordinance No. 07-4291 Page -2- It was moved by Bailey and seconded by as read be adopted, and upon roll call there were: Correia that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x X X X X First Consideration 10/2/2007 Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliot t , O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration ------------- Vote for passage: Date published 10/24/2007 Moved by Bailey, seconded by Correia, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. ,~ 1 ..--~= -~ !~W!-:'t ~ ~mn~ -...:... CITY 'OF IOWA CITY MEMORANDUM 1101;07 I DATE: TO: FROM: RE: October 10,2007 Mayor and City Council ~ Marian K. Karr, City Clerk ~ One Year Review - Taxicab Regulations BACKGROUND In November 2006 the City Council passed a new taxi ordinance effective March 1, 2007 that among other things: .:. Established minimum interior and exterior standards for vehicles, including exterior dome light .:. Deleted required color scheme .:. Required all vehicles be "no smoking" .:. Established minimum of 2 vehicles for company status (one available at all times) .:. Established minimum of2 drivers per company .:. Required a 6 month inspection of all vehicles by the City Equipment Division .:. Required procedure to be displayed in each vehicle directing complaint to Police Department One year ago the City licensed 15 companies and 53 vehicles. At the current time there are 14 companies and 74 vehicles. The Council and taxi companies requested that the present ordinance be reviewed in one year. REVIEW City Clerk and City Equipment staff met and summarized the year as follows: 1) Requested City Code Changes: 5-2-8B include minimum size 12" Xl" X 3" for lighted dome and add "permanent! y" 5-2-4A(l)a and b will add: Horn operation Reverse light operation Windshield washers Hazard light operation Marker lights (including parking and side marker) operation All windshield wipers including rear wiper if so equipped All mirrors including rearview and outside mirrors Delete hubcaps and steering wheel One Year Review - Taxicabs Page 2 2) Agreement that the general appearance of every vehicle is much better with the new regulations. Staff will be proposing language to clarify the ability for the Police Department to confiscate a decal if the vehicle is "unsafe", and require a reinspection. Staff recommends the ordinance be amended to require an annual inspection only. 3) Establish inspection vehicle fee that would be included into the cost per vehicle decal. General feeling it should not be for re-inspections due to appearance of turning down for revenue source and initial inspections are the real cost. Estimated inspection time per vehicle is running $17 each time or $34 a year for two inspections. Currently a company pays an annual fee of $20 and $40 every six months per vehicle. To cover inspection costs the vehicle decal would increase to $60 while the company remains at $20. Iowa City Police Department officials have indicated no complaints have been received over the past year utilizing the new procedure, and have requested no changes to the ordinance and/or resolution. City Clerk staff wanted to share comments heard from companies as: Go back to a required color scheme Like no color scheme requirement Lower insurance limits Increase company operating fees Limit number of companies Less paperwork for second required vehicle inspection (6 month re-inspection) We continue to have problems contacting companies. You may recall that the proposed requirement for a 24/7 local office or contact was removed prior to adoption last year; and note the additional paperwork with increased number of vehicles and dual inspections per year. Also in consultation with the City Attorney's office we recommended the following Code changes: 4) Add to 5-2-3A2 language to provide the basis of a municipal infraction if written notice is not provided from the licensee should insurance lapse. 5) Add to 5-2-2C language that provides for initiation of revocation procedures should the licensee drop below the minimum requirements, such as 2 vehicles. 6) Amend 5-2-2D3( d) to include next business day language for issuance of a decal. 7) Amend 5-2-4B to provide confiscation of a decal if the Police Department determines the vehicle to be unsafe and a reinspection within two business days. 8) Amend 5-2-9 by removing reference to city clerk and relying on current code Title 9; and amending 9-4-1 OD by clarifying the procedure for securing a vehicle stand. One Year Review - Taxicabs Page 3 RECOMMENDATIONS Staff recommends proceeding with adoption of items # 1- # 8 above. The proposed ordinance in your packet reflects those changes, minus # 3 which will be presented to you in resolution form prior to final adoption of the ordinance. Cc: taxicab companies Tom Hansen, City Equipment Superintendent Darwin Swartzendruber, Shop Supr. Sam Hargadine, Police Chief Matt Johnson, Police Capt. Tom Widmer, Police Capt. S:taxi2007memo.doc Prepared by: Marian Karr, City Clerk, 410 East Washington St., Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 5, "BUSINESS AND LICENSE REGUAL TIONS," CHAPTER 2, "TAXICABS," IN SECTIONS 5-2-2, "TAXICAB BUSINESS LICENSE; VEHICLE DECALS," SUBSECTION C AND D; 5-2-3, "LIABILITY INSURANCE REQUIREMENTS," SUBSECTION A(2); 5-2-4, "VEHICLE INSPECTION REQUIRED," SUBSECTION A1(a) AND (b); 5-2-8, "VEHICLE REQUIREMENTS," SUBSECTION B; 5-2-9, SUBSECTION C, "VEHICLE STAND,"; AND 9-4-10D "PUBLIC CARRIER STOPS AND STANDS," SUBSECTION 2b "TAXICABS," OF THE CITY CODE TO CLARIFY CURRENT REQUIREMENTS, TO INCREASE SAFETY, AND TO REQUIRE ANNUAL INSPECTIONS. WHEREAS, in November 2006 the City Council passed ORD. 06-4243 which established new regulations for "Taxicabs"; and WHEREAS, the City Council requested a one year review of those regulations; and WHEREAS, City staff recommends certain changes in the taxicab provisions of the City Code to clarify existing requirements, to increase safety, and to require only annual inspections; and WHEREAS, it is in the City's interest to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," is hereby amended by repealing the following sections and subsections in their entirety and replacing them with the following: 5-2-2, Taxicab Business License; Vehicle Decals, subsection C: Issuance or Denial of Business License: If the city clerk finds that the applicant has fully compiled with the requirements of this chapter and the police chief or chiefs designee has determined that there is no information which would indicate that the issuance of the license would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall issue a license to conduct a taxicab business. Revocation Of Business License: If the city clerk subsequently finds that the taxicab business company is not in full compliance with the requirements of this chapter or if the police chief or chiefs designee finds that continued operation of the taxicab business would be detrimental to the safety, health or welfare of residents of the city, the city clerk may revoke the license to conduct a taxicab business as provided in section 5-1-5 of this title. 5-2-2, Taxicab Business License; Vehicle Decals, subsection D, Decals, subsection3(d): Decals will be issued by the city clerk on the next business day at least twenty fours (24) hours after the filing of a completed application for such decal with the city clerk. 5-2-3, Liability Insurance Requirements, A. Requirements, subsection 2: Each certificate shall provide for ten (10) calendar days' prior written notice to the city clerk of any nonrenewal, suspension, cancellation, or termination. A taxicab business licensee shall provide at least ten (10) calendar days' written notice to the city clerk of any nonrenewal, suspension, cancellation, or termination of the policy of insurance. 5-2-4, Vehicle Inspection Required, Subsection A1: All taxicabs shall be inspected for compliance with the requirements of this chapter and the following: Ordinance Page 2 a. Exterior: Headlights, taillights, brake lights, directional signal lights, reverse light operation, hazard light operation, marker lights (including parking and side marker), operation license plate lights, windshield, windshield washers, windshield wipers including rear wiper if so equipped, vent glasses, all other vehicle glass, glass window raisers, doors and door locks, trunk lid, trunk hood, and interior door handles, exhaust system, splash shields, bumpers, fenders, mirrors including rearview and outside mirrors and attached lighted dome light, body and tires shall be inspected to ascertain that each is functioning properly. Each taxicab shall be maintained in a reasonably clean condition. There shall be no tears or rust holes in the vehicle body and no loose pieces such as fenders, bumpers or trim hanging from the vehicle body. There shall be no unrepaired body damage which would create a safety problem or interfere with the operation of the vehicle. b. Interior: The rear view mirror, foot brakes, parking brakes, seat belts, horn operation, passenger interior light and air conditioning and heating systems shall be inspected to ascertain that each is functioning properly. The upholstery, floor mats, head lining, door panels and the trunk compartment shall be inspected to determine whether they are clean, free of tears, and that the trunk has sufficient space for passengers' luggage. 5-2-4, Vehicle Inspection Required, Subsection B: The city equipment superintendent or designee may require reinspection of a vehicle on belief that a vehicle is not mechanically fit. In the event any vehicle is determined by the city equipment superintendent or designee not to be mechanically fit. the decal shall be confiscated and returned to the city clerk. After reinspection and determination that the vehicle meets the standards of mechanical fitness, a new decal will be issued and charged as established by council resolution. The police chief or designee may require reinspection of a vehicle on belief that a vehicle is in such unsafe condition as to endanger any person. In the event any vehicle is determined by the police chief or designee to be in such unsafe condition as to endanger any person, the decal shall be confiscated and returned to the city clerk. Once notified the licensee must have the vehicle reinspected within 2 business days, and a new decal will be provided at no charge. If the licensee fails to have the vehicle reinspected or the vehicle fails reinspection within two business days, the licensee must apply for a new decal and will be charged the fee established by council resolution. 5-2-8, Vehicle Requirements, Subsection (B): Lighted Dome: Every motorized taxicab shall have a lighted dome attached permanently to the exterior roof of the vehicle with lettering that identifies the vehicle as a taxicab visible from the front and back of the vehicle. The lighted dome shall be a minimum size of 12"x1" x 3". In the event the city equipment superintendent or designee determines that the permanent attachment of a dome to the exterior roof is not possible the city equipment superintendent or designee may approve an alternative placement. 5-2-9, Vehicle Stand, Subsection C: Delete in entirety. 5-2-10, Terms of Decals and Badges; Renewals, Subsection C: Decals shall be valid for one year. They shall commence on March 1 or the date of issuance, and shall expire on the last day of February. 2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," Section 10, entitled "Parking for Loading and Unloading," Subsection D2b is hereby amended by repealing it in its entirety and replacing it with the following: 9-4-10, Public Carrier Stops and Stands, Subsection D2b: Taxicabs: The driver of a taxicab shall not stand or park a taxicab on any street at any place other than in a designated taxicab stand. Application for a vehicle stand shall be made along with a fee as determined by the city manager, or designee, and adopted by the city council. This provision Ordinance Page 3 shall not prevent the driver of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place while actually engaged in the expeditious loading or unloading of passengers 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. Passed and approved this day of ,2007. Ross Wilburn, Mayor Attest: Marian K. Karr, City Clerk APpr~~ .~ ~~ lOJO"()l City Attorney's office WPDA T A1CLERKltaxi20070RD.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 1 0/1 h /? 00 7 Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Page 1 of2 ~\-\ Marian Karr From: david stoddard [stoddard62@hotmail.com] Sent: Tuesday, October 16, 2007 10:27 AM To: Marian Karr Cc: dennis stevens Subject: Taxi ordinance To: City of Iowa City 410 East Washington St Iowa City, la. 52240 From: Yellow Cab of Iowa City David L. Stoddard P.O. Box 428 Iowa City, la. 52244 Dear City Council, As the City looks at the Taxi Ordinance after changing them a year ago, I'd like to through in my two cents worth. First I'd like the City to go back to a required color scheme. We take pride in our company and the reputation we have built. I wouldn't want that ruined by another company's ability to paint their cars the same color as ours. Our cars are out there now as a moving billboard for our company. With a required color scheme, if one of my drivers is driving reckless there is no mistake as to what company it is. After every weekend we have people call our dispatch looking for lost items left in the car. Some rode with us others didn't. It's a lot easier to ask what color car they were in to narrow down the search. If it wasn't our company, with a unique color scheme we can direct the person to the proper company. I would think there is also an element of safety here. With cab companies having a unique color, people become familiar with the companies by color. On Friday and Saturday nights when people might have had a little too much to drink, it is easier for people to identify a taxi by not just a dome light but also by familiar color scheme. Some companies complain about the cost of painting their cars. My thought is if you can't afford to paint your taxi's can you really afford to fix them and have them operate safely. Secondly, I'd like to see the City go back to issuing decals on the same day as all the paper work is turned in. If one of our taxies has a accident were it is no longer serviceable, it can take up to a week to get another taxi on line the way the City has things set up know. Currently we can only have cars inspected Tuesday - Thursday and have to make an appointment. If one of my taxies hits a deer and totals it on Thursday, the earliest I can get another one inspected is Tuesday if they're not booked. I then bring everything into the City and have to wait another 24 hrs before I can pick up my decal. The whole time we are losing revenue for a taxi being out of commission. Under the old rules I could have had the car inspected on Friday by the police dept, turned in the paper work and received my decal all on the same day. I would have only been without a car for 12 hrs as opposed to six days, maybe more. Thank you for taking my views and my 11 years in the taxi business into consideration. If you have any questions please feel free to call me 319-541-0533. David L. Stoddard Yellow Cab of Iowa City P.O. Box 428 Iowa City, la. 52244 10/16/2007