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Home My WebLink About1989-01-10 ResolutionRESOLUTION NO. 89-1 RESOLUTION TO ISSUE CIOAREM PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Iowa City Yacht Club It was moved by Ambrisco and seconded by Iloro'itz that the Resolution as reade a opt , and upon roll call ere were: AYES: NAYS: ABSENT: Ambrisco X Balmer X Courtney X — Horowitz X — Larson X — McDonald x — Passed and approved this loth day of January 19'89 . Attest: z uity,Glerk M or I i RESOLUTION NO. 89-2 RESOLUTION ADOPTING SUPPLEMENT NUMBER 38 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the MunicipalCode Corporation has prepared the 38th supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 38 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 38 to the Code of Ordinances of the City j of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by i this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to'sign, and the City Clerk to attest, this Resolution. f + It was moved by Ambrisco and seconded by Horowitz the j Resolution be adopted, and upon ro call there were: AYES: NAYS: A85EAT: XAmbrisco X Balmer X Courtney Horowitz Larson X McDonald Passed and approved this loth day of January 1989 , OR ATTEST: C1TT L K i A FORM, LEGAL DEPARTMENT J SUPPLEMENT N0.38 CODE OF ORDINANCES City of IOWA CITY, IOWA Looseleaf Supplement This Supplement contains all ordinances from the calendar quarter,July through September, 1988, which are suitable for inclusion in the Code; the latest ordinance in this Supplement is: Ordinance No. 88.3392, adopted August 23, 1988. See Code Comparative Table, page 2970.1. Remove old pages Insert new pages Checklist of up-to-date pages Checklist of up-to-date pages 1659-1662.4 1659-1662.7 2249,2250 2249,2250 2535-2538 2535-2538 2605-2606.1 2605-2606.1 2620.1, 2620.2 2620.1, 2620.2 2970.1 2970.1 Index pages Index pages 2977,2978 2977,2978 2981,2982 2981,2982 2999,3000 2999-3000.1 3006.1-3007 3006.1-3007 3014.1-3014.3 3014.1-3014.3 3020.3-3022 3021-3022.1 3031-3032.2 3031-3032.3 3043-3044.2 3043-3044.1 3049, 3050 3049-3050.1 3069, 3070 3069-3070.1 3073,3074 3073-3074.1 3076.1-3078 3077-3078.3 Note—An updated checklist of pages in Code is included, fol. lowing Table of Contents. INSTRUCTION SHEET—Cont'd. Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida November, 1988 J i 1 Checklist of Up -to -Date Pages fl'hia checklist will be updated with the printing of each Supplementi From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and re- moved in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, i this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 7,8 24 iii, iv OC 9,10 24 V, vi OC 11,12 24 vii 3 13,14 24 ix, x 35 15,16 24 xi, xii OC 17,18 24 xiii, xiv OC 19,20 33 xv, xvi 34 71 27 xvii,xviii 33 121,122 31 xix, xx 34 122.1 31 xxi, xxii 37 123, 124 OC xxiii 34 125,126 31 1,2 24 127,128 35 3,4 27 177,178 34 5,6 24 179,180 27 J Supp. Nn. 38 [1] page No. 181,182 183,184 185,186 186.1 187,188 188.1 189,190 191,192 193,194 195,196 197, 198 199,200 201,202 251,252 303,304 304.1 305,306 307,308 309,310 311,312 313,314 315,316 317,318 319,320 321,322 323,324 325,326 327,328 329,330 331,332 333,334 335,336 337,338 339,340 341,342 343,344 363,364 365,366 367,368 Supp, No. 95 IOWA CITY CODE Supp, No. Page No, 18 368.1 25 369,370 25 371,372 25 372.1, 372.2 32 372.3 10 373,374 OC 375,376 OC 376.1 16 377,378 OC 378.1 OC 379,380 6 381,382 34 383,384 28 385 26 431 26 483,484 13 485,486 14 487,488 14 489,490 14 491,492 14 493,494 14 495,496 14 497,498 14 531,532 14 533,634 14 535,536 23 537,538 23 639,540 23 541,542 23 543,544 23 545,546 23 547,548 25 549,560 25 551,552 26 653,554 25 555 29 657,558 29 559,560 37 661,562 [2j Supp. No. 37 34 18 18 18 5 34 34 1 1 OC 29 29 29 28 8 8 8 8 35 35 35 35 33 33 33 33 33 33 33 33 33 33 33 33 33 17 17 17 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 563,564 26 681,682 11 665,566 35 683 20 567,568 35 739,740 33 i 569,570 35 741,742 33 571,572 35 743,744 33 573,574 35 745,746 33 575,576 35 747,748 33 577,578 35 749,750 33 578.1 35 751,752 33 679,580 33 753,764 33 581,582 33 755 33 583,584 33 811,812 0C 585,586 33 813,814 33 587,588 33 815,816 33 589,590 33 817,818 33 591,592 33 867,868 0C 593,694 33 915,916 31 595 33 917,918 31 617, 618 OC 919,920 31 639,640 36 921,922 31 641,642 37 923,924 31 642.1 37 925,926 31 643,644 35 927,928 31 645,646 35 929,930 31 646.1 35 931,932 14 647,648 29 933,934 19 649,650 29 935,936 19 651,652 29 937,938 19 653,654 29 938.1,938.2 19 655,656 29 939,940 1 671,672 17 941,942 1 673 17 943,944 1 675,676 11 945,946 1 677,678 20 947,948 1 679,680 20 949,950 1 680.1, 680.2 20 950.1, 959.2 1 680.3,680.4 20 951,952 1 680.5, 680.6 20 953,954 1 680.7 20 955,956 1 Supp. No. 38 (3j Page No. 957,958 959,960 961,962 963,964 965,966 967,968 969,970 971,972 973,974 975,976 976.1 977,978 978.1 979,980 980.1, 980.2 980.3,980.4 980.4.1 980.5, 980.6 980.7, 980.8 980.8.1 980.9,980.10 980-11,980.12 980.12.1 980.13, 980.14 980.15,980.16 981,982 983,984 984.1 985,986 986.1 987,988 989,990 990.1 991,992 993,994 994.1,994.2 995,996 997,998 999 Supp. No. 38 IOWA CITY CODE Supp. No. Page No. Supp. No. 1 1049 OC 19 1149,1150 37 19 1151,1152 8 23 1153,1154 8 1 1155,1156 20 1 1157,1158 37 1 1158.1 37 1 1159,1160 8 19 1161,1162 37 30 1163,1164 37 30 1165,1166 8 19 1167,1168 37 19 1169,1170 37 1 1171,1172 37 1 1173,1174 37 23 1175,1176 37 23 1177,1178 37 1 1178.1 37 23 1179, 1180 16 23 1181,1182 15 19 1183,1184 37 19 1185,1186 37 19 1187, 1188 37 1 1188.1 37 1 1189,1190 13 29 1191, 1192 13 29 1193 8 29 1229,1230 21 3 1231,1232 21 3 1233,1234 81 1 1235,1236 21 34 1237, 1238 23 34 1239,1240 23 29 1241,1242 21 34 1243,1244 21 34 1245,1246 21 11 1247,1248 21 1 1249, 1250 21 11 1251 25 (4] �1 �I CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1297 28 1567,1568 11 1351, 1352 OC 1568.1,1568.2 33 1353,1354 33 1569,1570 33 1355,1356 18 1571,1572 33 1407,1408 28 1572.1,1572.2 11 '. 1409,1410 28 1573,1574 11 1411, 1412 OC 1575, 1576 11 1413, 1414 OC 1577, 1578 11 1415, 1416 OC 1579,1580 11 1465,1466 33 1581,1582 34 1467,1468 33 1583,1584 34 1469 33 1585, 1566 34 1471,1472 14 1587,1588 34 1473,1474 33 1589,1590 34 1475,1476 14 1591,1592 34 1477,1478 14 1593,1694 34 1479,1480 14 1595,1596 2 1481 14 1597 2 1527,1528 18 1643,1644 35 1529,1530 30 1645,1646 1 1531,1632 3 1646.1 1 1533,1534 11 1647, 1648 OC 1535,1536 11 1649,1650 37 - 1537,1538 11 1651,1652 OC 1539,1540 11 1653, 1654 OC 1541,1542 11 1655,1656 OC 1643,1544 11 1657,1658 27 1545,1546 11 1659,1660 38 1547,1548 11 1661,1662 38 1549,1560 22 1662.1,1662.2 38 1551,1552 18 1662.3,1662.4 38 1553 18 1662.5,1662.6 38 1555,1556 11 1662.7 38 1557,1558 14 1663,1664 14 1559,1560 11 1665,1666 14 1561,1562 11 1667,1668 26 1663,1664 25 1669,1670 35 1664.1 25 1671 35 1565,1666 11 1681,1682 14 Supp. No. 38 Ibl I � /S /91 IOWA CITY CODE Page No. Supp, No. Page No. Supp. PP• No. 1685,1686 14 1863,1864 23 1687,1688 14 1903 14 1967, 1968 24 1689,1690 1691,1692 14 1969, 1970 OC OC 1693,1694 14 2021,2022 34 1695,1696 14 2023,2024 34 1697,1698 14 2025 14 2121,2122 34 _ 1713,1714 1715,1716 19 2123,2124 21 25 1716.1 35 2125,2126 35 1717, 1718 35 2126.1, 2126.2 OC 2126.3 35 1719,1720 1721,1722 34 2127,2128 35 30 1722.1 35 2129,2130 25 1723,1724 35 2131,2132 OC 2133,2134 25 1725,1726 23 2134.1 25 1727 1775,1776 23 2135,2136 25 OC 1777,1778 34 2137, 2138 34 OC - 1779,1780 2139,2140 34 2140.1 4 ` 1831,1832 1833,1834 29 2141,2142 36 OC - 1835,1836 29 2143,2144 35 1837,1838 29 2194.1 29 2145, 2146 35 1839,1840 34 2147,2148 OC 1841,1842 34 2149,2160 20 1843,1844 12 2151,2152 20 1845,1846 12 2197,2198 20 1847,1848 1898.1 26 2199,2200 37 37 1849, 1850 26 2201,2202 OC 2202.1 37 1851, 1852 1853,1854 OC 2203, 2204 37 16 1855,1856 23 2205,2206 23 2207,2208 16 1867,1868 27 2208.1 16 1858.1 1859,1860 27 2209,2210 16 12 1861,1862 23 2210.1 23 2211,2212 12 , Supp. No. 38 OC 161 /91 I CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2213,2214 3 2282.21,2282.22 20 2215,2216 3 2282.23,2282.24 20 2217,2218 37 2282.25,2282.26 20 2219,2220 37 2282.27,2282.28 20 2241,2242 37 2282.29,2282.30 20 2243,2244 27 2283, 2284 OC 2245,2246 34 2285,2286 OC 2247,2248 37 2287,2288 OC 2249,2250 38 2289,2290 18 2251,2252 37 2290.1 13 2253,2254 37 2291,2292 6 2255, 2256 37 2292.1 6 2257,2258 35 2293,2294 OC 2259,2260 35 2295,2296 18 2261,2262 37 2297,2298 34 '.. 2263,2264 37 2299,2300 36 2265,2266 37 2300.1,2300.2 36 2267,2268 31 2301,2302 34 2269,2270 7 2302.1 34 2271,2272 9 2303,2304 31 -- 2273,2274 34 2305,2306 31 2274.1, 2274.2 36 2307,2308 31 2274.3, 2274.4 36 2309,2310 31 2274.5, 2274.6 36 2311,2312 31 2275,2276 1 2313 31 2276.1 1 2351,2352 1 2277, 2278 OC 2353, 2354 OC 2279,2280 14 2355,2356 OC 2281,2282 14 2357, 2358 OC 2282.1,2282.2 7 2359,2360 9 2282.3, 2282.4 7 2361, 2362 OC 2282.5, 2282.6 7 2363, 2364 OC 2282.7, 2282.8 7 2365,2366 1 2282.9, 2282.10 7 2367, 2368 1 2282.11,2282.12 7 2369,2370 13 2282.13,2282.14 20 2419,2420 25 2282.15,2282.16 20 2421,2422 26 2282.17,2282.18 20 2423,2424 25 2282.19,2282.20 27 2425,2426 34 Supp. No. 38 [7] �y- IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. 2426.1 34 2537,2538 38 2427,2428 25 2538.1 31 2429 25 2539,2540 25 2477,2478 25 2541,2542 25 2479,2480 35 2543,2544 25 2481 35 2545,2546 35 2483,2484 19 2546.1 35 2485,2486 37 2547,2548 33 2486.1 37 2548.1, 2548.2 33 2487,2488 35 2548.3,2548.4 33 2489,2490 37 2549,2550 25 2490.1 35 2551,2552 26 2491,2492 25 2553,2554 33 2493,2494 36 2555,2556 33 2495,2496 36 2579,2580 19 2496.1 36 2581,2582 31 2497,2498 37 2583,2584 31 2499,2500 25 2585,2586 31 2501,2502 37 2586.1,2586.2 31 2502.1 35 2586.3, 2586.4 31 2503,2504 27 2587,2588 35 2505,2506 35 2591,2692 35� 2507,2508 35 2593,2594 25 2509,2510 35 2595,2596 35 2511,2512 35 2597,2598 19 2513,2514 35 2599,2600 27 2515,2516 35 2601,2602 36 2517,2518 35 2603,2604 19 2519,2520 25 2605,2606 38 2521,2522 35 2606.1 88 ;- 2523,2524 36 2607,2608 19 2525,2526 35 2609,2610 31 2526.1 35 2611,2612 '36 2527,2528 25 2613,2614 36 2629,2530 37 2614.1 36 2630.1,2630.2 37 2615,2616 27 2531,2532 27 2617,2618 37 2533,2534 27 2619,2620 37 2535,2536 38 2620.1,2620.2 38 Supp. No. 38 [el TIP �y- I I CHECKLIST OF UP-TO-DATE PAGES Page No. Supp, No. Page No. Supp. No. 2620.3 37 2683,2684 19 2621,2622 25 2685,2686 19 2623,2624 29 2687 19 2625,2626 29 2787 19 2627,2628 29 2913,2914 35 2628.1 29 2935, 2936 OC 2629,2630 26 2937,2938 14 2631,2632 27 2939,2940 16 2632.1 27 2941,2942 16 2633,2634 26 2943,2944 OC 2635,2636 34 2945, 2946 OC 2636.1 34 2947,2948 13 2637,2638 29 2949,2950 OC 2639,2640 34 2951,2952 2 2641,2642 34 2953,2954 5 2642.1 34 2955,2956 7 2643,2644 24 2957,2958 13 2645,2646 28 2959,2960 19 2647,2648 25 2961,2962 24 2649,2650 27 2963,2964 24 2651,2652 36 2965,2966 27 2653,2654 36 2967,2968 34 2654.1 36 2969,2970 37 2655,2656 27 2970.1 38 2657, 2658 25 2971, 2972 OC 2659,2660 25 2973,2974 24 2661,2662 22 2976,2976 24 2663,2664 25 2977,2978 38 2664.1,2664.2 27 2979,2980 26 2665,2666 28 2981,2982 38 2667,2668 28 2983,2984 35 2669,2670 28 2984.1,2984.2 35 2671,2672 19 2985,2986 28 2673,2674 25 2987,2988 35 2675,2676 27 2989,2990 37 2676.1 27 2991,2992 37 2677,2678 25 2993,2994 37 2679,2680 19 2995,2996 37 2681,2682 19 2996.1, 2996,2 37 Supp, No, 38 19] I IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. 2996.3 37 3039,3040 33 2997,2998 34 3041,3042 28 2999,3000 38 3042.1,3042.2 37 3000.1 38 3043,3044 38 3001,3002 37 3044.1 38 3003,3004 35 3045,3046 28 3004.1 35 3047,3048 37 3005,3006 28 3049,3050 38 3006.1, 3006.2 38 3050.1 38 3007 38 3051,3052 36 3008.1,3008.2 33 3053,3054 37 3008.2.1 33 3054.1, 3054,2 37 3008.3,3008.4 28. 3055 34 3009 28 3056.1, 3056.2 16 3010.1,3010.2 5 3057,3058 34 3011,3012 31 3059,3060 18 3013,3014 34 3061,3062 34 3014.1,3014.2 38 3063,3064 2 3014.3 38 3065,3066 18 3015,3016 28 3067,3068 18 3016.1 28 3069,3070 38 3017;3018 19 3070.1 38 3018.1 19 3071,3072 34 3019,3020 8 3073,3074 38 3020.1,3020.2 31 3074.1 38 3021,3022 38 3075,3076 35 3022.1 38 3076.1, 3076.2 38 3023,3024 33 3077,3078 38 3025,3026 34 3078.1,3078.2 38 3027,3028 37 3078.3 38 3029,3030 37 3079,3080 19 3031,3032 38 3081,3082 19 3032.1,3032.2 38 3083,3084 33 3032.3 38 3085,3086 27 3033,3034 35 3087,3088 37 3035,3036 35 3089,3090 27 3036.1 35 3090.1 27 3037,3038 29 3091,3092 24 3093,3094 37 Supp. No. 38 [lOJ - , MISCELLANEOUS PROVISIONS 524.69 registration capacity permits. (Code 1966, § 7.20.8; Ord. No. 2628, § 9) f j Sec. 24-86. Right-of-way rules. Vessel traffic shall be governed by the following rules: (1) Passing from rear, keep to the operator's left. (2) Passing head on, keep to the operator's right. (3) Passing at right angles, vessel at the right has the right-of-way. (4) Manually propelled vessels have the right-of-way over all other vessels. (5) Sailboats have the right-of-way over all motor driven vessels. Motorboats when meeting or overtaking sail- boats, shall always pass on the leeward side. (6) Any vessel backing from a landing has the right-of- way over incoming vessels. (7) The commission is authorized to promulgate further rules and regulations governing vessel traffic. (Code 1966, § 7,20.9; Ord. No. 2628, § 10) Sec. 24.87. Regulations for buoys. (a) No private buoy shall be maintained. (b) No other obstruction of any kind Shall be maintained without first receiving permission from the city manager to maintain such obstruction. (c) It shall be unlawful to tamper with, move or attempt to move any city -owned buoy. (d) No boat shall be anchored away from shore and left un- guarded unless it is attached to a legal buoy. (Code 1966, § 7.20.10; Ord, No. 2628, § 11) Sec. 24.88. Driving over ice. No craft or vehicle operating on the surface of ice on the Iowa Inver and propelled by machinery in whole or in part, ex. Supp. No. 38 1659 /9 124.88 IOWA CITY CODE cept ice -cutting machinery, automobiles, motorcycles and trucks when such are used without endangering public safety, shall be operated without a permit issued, by the city for such operation. Any such permit issued may be revoked by the commission if such craft or vehicle is operated in a careless manner as endangers others. (Code 1966, § 7.20.11) Sec. 24.89. Authorized emergency vessels. Upon the approach of an authorized emergency vessel dis- playing a blue light or flashing blue light, the operator of every other vessel shall stop and yield the rightof-way until the authorized vessel has passed. The provisions of this sec- tion shall not relieve the operator of an authorized emer- gency vessel from the duty to operate his vessel with due regard for the safety of all persons using the waters of the Iowa River, nor shall the provisions relieve the operator of any such vessel from liability for his negligence. (Code 1966, § 7.20.12; Ord. No. 2628, § 13) Sees. 24.90-24-100. Reserved. ARTICLE VI, NUISANCES•. Sec. 24.101. Nuisances declared. Whatever is injurious to the senses, or an obstruction to the free use of property, so as essentially to interfere with the com- fortable enjoyment of life or property, is a nuisance. Nuisances shall include, but not be limited to those activities and items hereafter set forth in this section: (a) Causing or suffering any refuse, garbage, noxious substanc- es, hazards wastes, junk or salvage materials to be col. lected or to remain in any place to the prejudice of others. -Editor's note—Ord. No. 88-9892. 11, enacted August 23, 1988, repeated Art. VI of this chapter, and added a new Art. VI in lieu thereat Former Art. V1, consisting of 14 24-101-24.107, pertained to nuisances and the abatement there. of, and was derived from Cade 1966. 114.16.10, 7.06.1, 7.06.6, 7.00.10, 7.00.11, and 7.06.13; and Ord. No. 853248,1 111}-161, enacted July 16,1985. Cross reference—Deposit of debris on public rightoGway a nuisance, 131.11. Slate law reference—Nuisances, I.C.A., 1657.1 at seq. Supp. No. 38 1660 If I 1 1 I MISCELLANEOUS PROVISIONS � 6 2A•IOI Causing or suffering any refuse, garbage, noxious substanc• I es, or hazardous wastes, junk, salvage material or other Offensive or disagreeable substances to be thrown, left, or deposited in or any street, avenue, park, public quare,1Public enclosure, lot, alley, sidewalk vacant or occu, pied, or upon any pond or pool of water; except for: (1) Refuse deposited and stored in accordance with provi. sions of Chapter 16 of the Code of Ordinances of the City of Iowa City, entitled "Garbage, Trash and Refuse". (2) Compost piles established and maintained with writ- ten permission from the Johnson County Public Health Department; (3) Junk or salvage materials properly stored in a junk or salvage yard permitted under Chapter 36, Zoning, of ithe Code of Ordinances of Iowa City. (b) Diseased or damaged trees or shrubs. Any dead, diseased or damaged trees or shrubs, which may harbor serious insect or disease pests or disease injurious to other trees or shrubs, or any health tree which is in such a state of ideterioration that any part of such tree may fall and dam• age property or cause injury to persons. (c) Weeds, Any condition relnting to weeds which is described as a nuisance in Chapter 34, Article III, of the Code of Ordinances of Iowa City. (d) Ditch, drain, or stormwater detention hnsin, Any ditch, drain or watercourse, which is now or hereafter may be constructed so as to prevent the surface and overflow water from the adjacent lands entering or draining into and through the same. Any stormwater detention basin not maintained in an appropriate manner so as to allow its proper function. (e) Stagnant water. Stagnant water standing on any property. Any property, container, or material kept in such n condi• tion that water can accumulate and stagnate. M Vermin harborage. Conditions which are conducive to the harborage or breeding of vermin, J Supp, No.:Is 1661 4 24101 IOIVA CITY CODE (g) Vermin infestations. Infestations of vermin such as rats, mice, skunks, snakes, bats, starlings, pigeons, bees, wasps, cockroaches, or flies. (h) Sanitary sewer facilities. Facilities for the storage or pro. cessing of sewage, such as privies, vaults, sewers, private drains, septic tanks, cesspools fail , and drain fields, which have ed or do not function properly or which are overflowing, leaking, or emanating odors. Septic tanks, cisterns, and 1 cesspools which are abandoned or no longer in use unless they are with cesspool, or sept c tanktied and which h does cnot comply lean fill. with the Johnson County Department of Health regulations. (i) Unsecured/unoccupied buildings. Unoccupied buildings or unoccupied portions of buildings, which are unsecured. G) Dangerous buildings or structures. (k) Abandoned buildings. (1) Hazards. Any hazardous thing or condition on the property _ which may contribute to injury of any person present on j the property. Hazards shall include, but not be limited to, 1 open holes, open foundations, open wells, dangerous trees ior limbs, abandoned refrigerators, or trapping devices. _ (m) Fire hazards. Any thing or condition on the property which creates a fire hazard or which is in violation of the fire code. (n) Health hazards. Any thing or condition on the property which creates a health hazard or which is in violation of any health or sanitation law. (o) Noise. Any violation of the noise chapter, Chapter 24.4 of the Code of Ordinances of the City of Iowa City. (p) Snow removal. Any violation of Division 3, Ice and Snow Removal, sections 31.120-31.124 of the Code of Ordinan. ces of the City of Iowa City. (q) Junkyard or salvage operations, All junkyard or salvage operations, as defined in section 36.4 of the Code of Ordi. nances of Iowa City, except as permitted by ordinance. Supp. No. 38 1662 �\ MISCELLANEOUS PROVISIONS 4 24-101 ' (r) Obstruction of right-of-way or public place. The obstruct- , ing or encumbering by fences, buildings, structures, signs or otherwise of public streets, alleys, sidewalks, and com- mons, except as permitted by ordinance. Any use of a public street or sidewalk, or any use of property abutting a public street or sidewalk, which causes large crowds of people to gather so as to obstruct pedestrian or vehicular traffic or other lawful use of streets or sidewalks, except as permitted by ordinance. (s) Inoperable/obsolete vehicle. The storage, parking, leaving, or permitting the storage, parking, or leaving of an inoperablelobsolete vehicle upon private property within the city for a period in excess of forty-eight (48) hours, unless excepted herein. This subsection shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a junkyard, or auto and truck oriented use operated in the appropriate zone, pursuant to the zoning laws of the City of Iowa City. (t) Unlawful sale, use, or manufacture of intoxicating liquors. Any building or place in or upon which the unlawful man- ._. ufacture or sale or keeping with intent to sell, use or give away of intoxicating liquors is carried on or continued or exists. (u) Vehicles parked on private property without authorization. The parking of motor vehicles upon private property with- out the consent of the property owner or responsible party. (v) Mud, dirt, gravel, and other debris. The depositing or al- lowing the depositing of any mud, dirt, gravel, or other debris in violation of Chapter 31 of the Code of Ordinances of the City of Iowa City. (w) Building construction sites. Building construction sites main- tained in violation of the building code. (x) Other nuisances. Any nuisance described as such by Chap- ter 667 of the Code of Iowa. (Ord. No. 88-3392, § 1, 8.23.88) Supp. No. 38 1662.1 /9 i 9 24-102 IOWA CITY CODE Sec. 24-102. Definitions. I (a) Abandoned building. Abandoned building shall mean any building or portion building of which has stood with an incom. i plete exterior shell for longer than two (2) years or any building or portion thereof which has stood unoccupied for longer than one Year and which meets one I or more of the following criteria: (1) Unsecured; or i (2) Having housing code or building code violations. (b) Dangerous building or structure Dangerous building or structure shall mean any building or structure which endangers the health, safety, or welfare of persons or property, or which is in violation of the Uniform Code for Abatement Buildings. of Dangerous (c) En%rcemeul officer. Enforcement officer shall mean the city manager or employees designated by the city manager to enforce this article. (d) Hazardous waste Hazardous waste shall mean those wastes included by definition in Section 455B.411(3Xa), Code of Iowa and the rules of the Iowa Department of Water, Air and Waste Management. (e) Inoperablelobsolele vehicle An inoperable/obsolete vehicle shall mean any device in, upon or by which a person or property is or may be transported or drawn upon a highway or excepting street, devices moved by human power or used exclusively i upon stationary rails or tracks, and shall include without limits. tion motor vehicle, automobile, truck, trailer, motorcycle, trac. tor, buggy, wagon or any combination thereof, and which is not licensed for the current year as required by law and/or which exhibits any one of the following characteristics: (1) Broken glass. Any vehicle or part of a vehicle with a bro. ken windshield, or any broken other glass. (2) Broken or loose parls. Any vehicle or part of a vehicle with n broken or loose fender, door, bumper, hood, wheel, steer. ing wheel, trunk top, or tailpipe. Stipp. N0.38 1662,2 /9 MISCELLANEOUS PROVISIONS 4 24.102 (3) Missing engine or wheels. Any vehicle which is lacking an engine or one or more wheels or other structural parts which renders such vehicle totally inoperable. (4) Habitat for animals or insects. Any vehicle or part of a vehicle which has become a habitat for rats, mice, or snakes, or any other vermin or insects. (5) Defective or obsolete condition. Any vehicle or part of a vehicle which, because of its defective or obsolete condi. 1 tion; constitutes a threat to the public health and safety. (6) Inoperable condition, Any vehicle that is not capable of moving in both forward and reverse gears. (f) Junk or salvage material Junk or salvage material shall be any discarded or salvaged building material or fixture; any obso• lete or inoperable machinery, or parts thereof; scrap iron or steel. I (g) Noxious substances. Noxious substances shall mean sub• stances, solid or fluid, which are offensive, detrimental to health, i' hurtful, or dangerous. Noxious substances shall include, but not be limited to, any dead animal, or portion thereof, putrid carcass, `_. decayed animal matter, green hides, or any putrid, spoiled, foul, or stinking beef, pork, fish, offal, hides, skins, fat, grease, liquors, human or animal excrement, or manure. (h) Owner. Owner shall mean the person or persons who are the record owners of real property according to the records of the Johnson County department of Property Taxation. (i) Reese Refuse shall mean any putrescible and nonputrescible and combustible and noncombustible waste, including paper, gar- bage, material resulting from the handling, processing, storage, preparation, serving and consumption of food, vegetable or ani- mal matter, offal, rubbish, plant waste such as tree trimmings or i grass cuttings, ashes, incinerator residue, street cleanings, con. struction debris, and solid industrial and market wastes. G) Responsible party. A responsible party shall mean any per- son having possession or control of real or personal property, including without limitation any one or more of the following: (1) Agent; i (`L) Assignee or collector of rents; Supp, No. 38 1662.3 �J 4 24.102 IOWA CITY CODE (3) Holder of a contract or deed; (4) Mortgagee or vendee in possession; (5) Receiver or executor or trustee; (6) Lessee; (7) Other person, firm or corporation exercising apparent con- trol over a property. (Ord. No. 88-3392, § 1, 8.23.88) Sec. 24-103. Nuisances prohibited—Authority to abate. (a) The creation or maintenance of a nuisance is unlawful and prohibited and shall constitute a misdemeanor or a municipal infraction. (b) The city manager and enforcement officers designated by the city manager are authorized to abate nuisances in accordance with the procedures set forth in this article. Nuisances may be abated by either the administrative abatement process or the municipal infraction process, as hereafter provided. (Ord. No. 88.3392, § 1, 8-23.88) Sec. 24.104. Notice to abate—Service. (a) The city manager or any enforcement officer designated by the city manager is hereby authorized to serve upon the owner or responsible p,rty of the property upon which the nuisance is being maintained, or upon the person or persons causing or main. taining the nuisance, a written notice to abate as prescribed below. (b) When service of a notice to abate is required, the following methods of service shall be deemed adequate: (1) By personal service upon the owner and/or responsible party of the property upon which the nuisance exists. (2) If, after reasonable effort, personal service cannot be made, any two (2) of the following methods of service shall be considered adequate: (1) sending the notice by certified mail, return receipt requested to the last known address; (2) publishing the notice once a week for two (2) consecu• live weeks in a newspaper of general circulation in the Supp. No.:IN 1662.4 ID J MISCELLANEOUS PROVISIONS § 24105 City of Iowa City, Iowa; or (3) by posting the notice in a conspicuous place on the property or building. (3) If an intended recipient of notice cannot be found and if his/her address cannot be determined after reasonable ef. fort, by posting a copy of the notice in a conspicuous place on the property and by publishing the notice for two (2) consecutive weeks in a newspaper of general circulation in the City of Iowa City. (Ord. No. 88.3392, § 1, 8-23.88) Sec. 24105. Abatement by administrative proceedings. (a) Content of notice in the event the enforcement officer de. cides to abate a nuisance administratively, the notice to abate shall include the following information: (1) Description of what constitutes a nuisance, citing the ap. propriate Code section. (2) Description of the action necessary to abate the nuisance. (3) The order to abate within a specified time period. (4) The notice shall advise that, upon failure to comply with the order to abate, the city shall undertake such abate• ment and that the cost of abatement may be assessed against the property for collection in the some manner as property taxes. (5) The notice shall also advise as to the opportunity for an administrative hearing and that failure to request such a hearing within the time specified in the notice shall con. stitute a waiver of the right to a hearing and that said notice shall thereafter become a final determination and order to abate. (b) Administrative hearing. The hearing shall be held before the city manager or his/her designee, and shall be in accordance with the procedures ofacetion 2.184 through section 2.187, except as herein otherwise provided. The city manager's or his/her des- ignee's determination and order shall be appealable to Johnson County District Court by writ of certiorari. The order shall not be carried out until the time for filing the writ of certiorari has expired. (Ord. No. 88.3392,§ 1, 8.23.88) Supp. No. M 1662.5 Af 4 24106 IOWA CITY CODE A+ Sec. 24.106. Abatement by municipal infraction proceedings. (Y (a) Content of notice In the event the enforcement officer de. cides to abate a nuisance through the municipal infraction pro- cess, the notice to abate shall include the following information: (1) Description of what constitutes a nuisance, citing the ap. propriate Code section. (2) Description of the action necessary to abate the nuisance. (3) The order to abate within a specified time period. (4) Explanation that failure to abate the nuisance within the time specified will result in the issuance of a civil citation charging the owner or responsible party with a municipal infraction. (5) Explanation that each day that a nuisance is permitted to continue constitutes a separate offense. (6) Explanation that upon being found guilty of a municipal infraction, the court is authorized to order abatement, as. sess the costs of abatement against the property and/or enter them as a judgment against the defendant, and as. sess a civil penalty against the defendant. (b) Issuance of civil citation In the event that the nuisance is not abated as ordered and within the time specified in the notice to abate, the enforcement officer may issue n civil citation to the property owner or responsible party, charging that person with a municipal infraction. The enforcement officer may, but shall not be required to, give notice to abate prior to issuance of a civil citation for a repeat offense involving the same property and occurring within one year of a prior violation. (Ord. No. 88.3302, 6 1, 823.88) Sec. 24-107. Abatement remedies; penalties. (a) Abatement may include, but shall not be limited to, repair, removal, cleaning, extermination, cutting, moving, grading, sewer repairs, draining, securing, repairing a building or structure, boarding unoccupied buildings, barricading or fencing, removing dangerous portions of buildings or structures, and demolition of dangerous structures or abandoned buildings. Supp. No. 38 1662.6 /9— MISCELLANEOUS PROVISIONS 1 24d13 (b) The cost of abatement may be assessed against the property for collection in the same manner as property taxes. Abatement costs shall include the cost of removing or eliminating the nui. sance, the cost of investigation, such as title searches, inspection, and testing; the cost of notification; filing costs; and other related administrative costs. Inoperable/obsolete vehicles which have been impounded may be sold in accordance with state law. If an inoperablelobsolete vehicle is not sold or if the proceeds of such sale or redemption are not sufficient for payment of the cost of abatement, storage, and sale of said inoperable/obsolete vehicle, such cost or the balance of such cost may be assessed against the property for collection in the same manner as a property tax. (c) In a municipal infraction proceeding for the abatement of a nuisance, the court may order any one or more of the following: (1) Place a judgment against the person and/or property of the defendant for the costs of abatement. (2) Levy a civil penalty (fine) against the defendant of up to one hundred dollars ($100.00) for the first offense and up to two hundred dollars ($200.00) for repent offenses. (3) Order abatement of the nuisance in any manner as pro. vided in this article. (4) Assess costs of abatement against the property for collec- tion in the same manner as property taxes. (Ord. No. 883392, 6 1, 8.23.88) Sec. 24-108. Emergency abatement procedure When the enforcement officer determines that a nuisance ex. ists on a property and the nuisance constitutes an imminent clear and compelling danger to health, safety or welfare of per. sons or property, the enforcement officer is authorized to abnte or have abated the nuisance without prior notice and opportunity of hearing. The costs of such action may be assessed against the property for collection in the same manner as property tax. flow. ever, prior to such assessment, the city shall give n property owner notice by certified mail and the opportunity for an admin. istrative hearing in accordance with the procedures of section 24.105. (Ord, No. 88.3392, 4 1, 8.23-88) Secs. 24-109-24-113. Reserved. �,� Supp, No. 38 1662.7 e Municipal Code P Section Z. AulhorizingFee Charge, Fine or Penalty i i 23.277 to to Descr%otion of Fee, Charge, Fine, or Penalty Peripheral on -street meter (outside central business district) Peripheral lot meter (outside central busi. ness district) Meter hood/contractor Fees for parking in city parking lots and structures: Municipal parking lot (adjacent to Ramp B) Monthly all -day permits Monthly all -day permits (annual advance payment) Monthly off -hours permits (after 5:00 p.m., Monday through Friday, all day Saturday and Sunday) Lot permits, all other municipal lots Monthly all -day permits Monthly all -day permits (annual advance payment) City employee lot permits Charge $ 0.30/hour $ 0.30/hour $ 4.00/day $ 40,00/month $456.00/year $ 29.00/month $ 30.00/month $ 30.00/month $342.00/year $ 15.00/month zz � Municipal Code 'p Section e Authorizing Fee 7 � Charge, Fine or Description o(Fee, E m Penalty Charge, Fine, or Penalty Charge f Parking Ramps A and H: ! Hourly parker Monthly all -day permits $ 0.40/hour � Monthly all -day permits (annual advance payment) $ 40.00/month $456.00/year Monthly off -hours permits $ 29.00/month ) The above hourly parking rates for parking ramps will apply to both parking ramps, E N with the exception of cars exiting when a cashier is not on duty; a flat rate of $0.75 o shall apply and be deposited at the exit gate. Reissue of lost/stolen permits $ 2.00/each reissue 23-279 Penalties for parking violations: o m Overtime parking $ 3.00 Expired meter $ 3.00 Prohibited zone $ 5.00 Illegal parking—handicapped parking space $ 25.00 One-hour restricted zone—Civic Center lot $ 3.00 j All other illegal parking violations this chnpter $ 5.00 (Ord. No. 87.3342, § 1, 9.8.87; Ord. No. 88.3380, § 2, 5.17.88; Ord. No, 88.3382, § 1, 6.14-88; Ord. No. 88.3387,§ 1,7.26.88) Sec. 32.1.64• Reserved. I ZONING 13619 b. Accessory use and building regulations: See section 36-57. c. Off-street parking requirements: See section 36.58. d. Off-street loading requirements: See section 36.59. e. Sign regulations: See section 36.60. L Fence regulations: See section 36.65. (2) General provisions: See Article IV. a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. c. Performance standards: See Division 3. d. Nonconformities: See Division 4. (g) Special provision& (1) In no instance shall an area zoned CN -1 be less than three (3) acres or more than seven (7) acres. (2) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re. quirements or the off-street parking requirements. See. 36.19. Community commercial zone (CC -2). (a) Intent The community commercial zone (CC -2) is intended to provide for major business districts to serve a major segment of the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators that require access from major thor. oughfares. While these centers are usually characterized by in. door operations, certain permitted uses may have limited outdoor activities as specified. (b) Permitted uses. (1) Business and personal service establishments except drive-in facilities. (2) Clubs. (2.1) Food lockers. (3) Meeting halls. i(4) Office uses allowed in the CO -1 zone. i Supp. Nn 38 2535 I �r4 4 3618 IOWA CITY CODE (5) Retail establishments, including restaurants, except those uses listed as special exceptions. (6) Theaters. (c) Provisional uses. (1) Small animal clinics, provided there are no outside runs and the structure housing the clinic is not located within two hundred (200) feet of a residential zone. (d) Special exceptions. (1) Auto- and truck -oriented uses. (2) Cemeteries. (3) Child care facilities. (4) Commercial recreational uses. (5) Dwellings located above or below the ground floor of an. other principal use permitted in this zone, provided the density does not exceed one dwelling unit per one thou. sand eight hundred (1,800) square feet of lot area. A max- imum of three (3) roomers may reside in each dwelling unit. (6) Funeral homes subject to the requirements of section 36-55. (7) Public utilities. (8) Religious institutions. (9) School"pecialized private instruction. (10) Transient housing provided that there is at least three hundred (300) square feet of lot area for each permanent resident and two hundred (200) square feet for each tempo• rary resident. (e) Dimensional requiremenla (1) Minimum lot area: None. (2) Minimum lot width: None. (3) Minimum lot frontage: None. Supp. No. 38 2536 ZONING 138-20 (4) Minimum yards: Front -20 feet. Side—None. Rear—None. (6) Maximum building bulk: Height -36 feet. Lot coverage—None. Floor area ratio -2.0. W General provisions. All principal and accessory uses permit ted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article Ill. a. Permitted accessory uses and buildings: See section 36-66. b. Accessory use and building regulations: See section 36-67. a Off-street parking requirements: See section 36.68. d. Off-street loading requirements: See section 36.69. e. Sign regulations: See section 36-60. L Fence regulations: See section 36.66. (2) General provisions: See Article IV. a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. c. Performance standards: See Division 3. d. Nonconformities: See Division 4. (g) Special provisiona, (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- quirements or the off-street parking requirements. (Ord. No. 86.3301, F 2, 11.4-86; Ord. No. 88.3389, § 1, 8-9.88) Sec. 3820. Central business service zone (CB -2). (a) Intent The central business service zone (CB -2) is intended to allow for the orderly expansion of the central business district Supp. No, 33 2637 �O 4 36-20 IOWA CITY CODE Of Iowa City, to serve as a transition between the intense land uses located in the central business district and adjoining areas, and to enhance the pedestrian orientation of the central business district by providing suitable, peripheral locations for auto -oriented commercial and service uses. This zone is intended to accommo. date mixed land uses and requires that the intensity of use be less than that permitted in the CB -10 zone. (b) Permitted uses (1) Auto- and truck -oriented uses. (2) Hotels, motels and convention facilities. (3) Permitted uses of the CB -10 zone. (4) Transient housing. (c) Provisional ase& (1) Dwellings located above or below the ground floor of a structure in which the ground floor is occupied exclusively by another principal use or uses permitted in this zone. The dwellings shall be developed in accordance with the dimensional requirements of the RM -145 zone. A maxi- mum of three (3) roomers may reside in each dwelling unit. -, (2) Elderly housing subject to the requirements of section 36.55. (d) Special exception, (1) Child care facilities. (2) Clubs. (3) Commercial recreational uses. - (4) Public utilities. (5) Religious institutions. (6) Schools—Specialized private instruction. (7) Transient housing. (e) Dimensional requirements. (1) Minimum lot area: None. (2) Minimum lot width: None. Supp. No, aN 2538 , /0 principal Use a F J. Machinery WIN x e 82 it. Motor vehicle eels and rentals 1. OUcea N m W M. Offices, clinics Zone Number of Spoon Where permitted One parking space for each eight hundred (800) square feet of floor area Where permitted One parking space for each five hundred (500) square feet of floor area 1. When permitted ex. One parking space for each two hundred (200) apt C&2 square feet of floor arm . 2. C&2 One parking apace for each three hundred (300) square feet of floor area to a maximum of 27 spares. No additional parking shall be required for that area exceeding eight thousand (8,000) square feet Where permitted Two(2) pocking Spaces for each once, examining room and treatment room provided, however, G1 there shall not be lean than five (6) space n. Personal service busineeeee, beauty Where permitted Two (2) parking spaces for each barber or beauty parlors, barbershops parlor chair o. Personal service huainew (other than Where permitted One perking space for each one hundred fifty Hew) (150)square feet of floor use o.l. Photographic studios Where permitted Two (2) parking spaces for each once, studio and reception area, provided that there shall be no lees than five (5) spaces b. Junkyards When permitted c. Laboratories, research, development Where permitted and testing - r Number cfSjo a One space for each five hundred (600) equate feet of interior and exterior storage aro- for rental supplies and equipment One parking apace for each one hundred fifty (160) square feet of noor use, or parking spaces equal in number to one,third I%) the occupant Ind of the Beating me, whichever is less One parking space for each fifty (60) square feet of floor Brea, but not less than five (6) spaces O One puking apace for each two hundred (200) square feel of retail floor Brea n One puking space for each four hundred (100) square feet of floor area f] O M The sum total of puking spates shall be deter• mined on the basis of the puking spaces m quired for uses individually each as office area and warehouse space The sum total of puking spates shall be deter• mined on the basis of the puking spaces re- quired fu uses individually such as office area and gasp space One space for each six hundred (600) square feet of floor area Rtncipaf Use Zone 9 p. Rental agencies, equipment and sup. Where permitted P plies q. Restaurants and establishments dis. Where permitted peening food or beverage for cmuump• Llan on the premises r. Restaurants, drive-in or carryout Where permitted s. Retail stares and shops (other than Where permitted ro listed) m I. Studios and stations, radio and talevi• Where permitted Bion (3) Industrial uses e. Contractor and construction establish. Where permitted menta and yards b. Junkyards When permitted c. Laboratories, research, development Where permitted and testing - r Number cfSjo a One space for each five hundred (600) equate feet of interior and exterior storage aro- for rental supplies and equipment One parking apace for each one hundred fifty (160) square feet of noor use, or parking spaces equal in number to one,third I%) the occupant Ind of the Beating me, whichever is less One parking space for each fifty (60) square feet of floor Brea, but not less than five (6) spaces O One puking apace for each two hundred (200) square feel of retail floor Brea n One puking space for each four hundred (100) square feet of floor area f] O M The sum total of puking spates shall be deter• mined on the basis of the puking spaces m quired for uses individually each as office area and warehouse space The sum total of puking spates shall be deter• mined on the basis of the puking spaces re- quired fu uses individually such as office area and gasp space One space for each six hundred (600) square feet of floor area i I � Principal Use Zone V 9 z d. Manufacturing or establishments en. Where permitted o gaged In production, processing, pack. �+ ing and acting, cleaning, servicing, or repair of materials, goods, or products e. Motor and railroad freight terminale, Where permitted cartage, eximssi and parcel delivery a 0 m Nwnber ojSpaeea One puking space for each e4 hundred (600) square feet of hear area One puking apace for each eight hundred (660) square feet of floe ares O z z n ZONING 536-58 onstrated that there is no access to either the side or rear yard. If access to either the side or rear yard is available, a nonconforming storage area shall be relocated to either the side yard or rear yard within two (2) years after passage of this regulation. 2. Nonconforming status for a special vehicle stor. age area shall be established by submitting to the department of housing and inspection services by (twelve (12) months after the dale of adoption of these regulations) a plot plan showing the loca- tion, design and size of the storage area, and the surface material existing on the storage area. 3. Should any property be sold, conveyed or trans- ferred, the special vehicle storage area shall there. after comply with the provision of this section. 4. After (twelve (12) months after the date of adop. tion of these regulations), nonconforming status of existing special vehicle storage areas may not be established. 6. A nonconforming special vehicle storage area which is not used for a period of one year, for any reason, intentional or otherwise, shall not thereafter be permitted for special vehicle storage unless the area is brought into full compliance with these regulations. (h) Parking for handicapped persons. Where a use is required to provide accessibility for handicapped persons, at least two (2) per cent of the parking spaces shall be set aside and identified with signs for use by handicapped persons. The spaces shall be a minimum of twelve (12) feet, six (6) inches wide and located with the most convenient access to the building. A smooth, unimpeded surface shall be provided from the parking spaces to the building entrance. (i) Modification of parking requirements. Where it can be dem. onstrated that a specific use has such characteristics that the number of parking or staking spaces required is too restrictive, the board of adjustment may grant a special Supp. No. 38 2620.1 4 96,58 IOWA CITY CODE exception to allow not more than a fifty (50) per cent reduc- 1 tion, and more for buildings placed on the National Regis- ter of Historic Places, in the required number of parking or stacking spaces. (Ord. No. 85.3260, § 2A, 11-19.85; Ord. No. 85.3266, § 2, 12-17.85; Ord. No. 85.3267, § 2, 12-17-85; Ord. No. 86.3305, § 1, 12-16.86; Ord. No. 87-3319, § 1, 5.5-87; Ord. No. 88-3366, § 1(1)—(4), 2.23.88; Ord. No. 88.3374, § 1, 4.19.88; Ord. No. 88-3386, § 1, 7.12.88) Croce reference—Stopping, standing and parking, 11123-234 et seq. See. 36.59. Off-street loading requirements. Except in the CB -10 zone, off-street loading spaces shall be provided and maintained in compliance with the following requirements: (a) Required number of off-street loading spaces. With any retail use, warehouse, supply house, wholesale distributor, manufacturing establishment, industrial or research labo- ratory, or similar use which requires the receipt or distri. bution of materials or merchandise by trucks or vans and which has a floor area of ten thousand (10,000) square feet , or more, there shall be provided the minimum number of �,...,,..� loading spaces as follows: Square Feet ofAggregate Minimum Required Number Gross Floor Area nl'.Sanrnn 10,000 to 20,000 1 20,000 to 40,000 2 40,000 to 80,000 3 80,000 to 120,000 4 120,000 to 160,000 5 For each additional 80,000 1 additional (b) General rules applicable to off-street loading. Except as otherwise provided in this chapter, the same rules appli• cable to off-street parking, section 36.58(b), shall apply to off-street loading. - (c) Design requirements. (1) All loading spaces shall be constructed of asphalt, con. crete or similar permanent dustfree surface. . Supp. No. :18 - 2620.2 1 i CODE COMPARATIVE TABLE Supp. No. 38 2970.1 Section Ord. No. Adpt. Dote Section this Code 16 17.7(v) ' 19 17-7(y) 20 17-8(c) 21,22 17-8(iKi) 18 17.7(v) 19 17.7(y) 20 17.8(e) 21,22 17-860(j) 88.3386 7.12.88 1 36-58(0)(2)1.2. 88.3387 7.26.88 1 32.1.63 88.3389 S. IISS 1 36-19(6)(2.1) 88.3392 8.23.88 1 Rpld 24-101-24.105, Added 24.101-24.108 Supp. No. 38 2970.1 CODE INDEX A ABANDONMENT Section Abandoned buildings Nuisances declared ___._...._______.�..-____.� 24101 Abatement of _—..�__.._.-___.._..^.____ 24103 et seq. Nuisances. See also that title Abandoning animals .___._--- ------------------ ___.:._._._ 7.3 ACCIDENTS Airport accidents ....... _._......... ___..___........____-._._� 443 Iowa River reeulatlons....... __ ................. _..... 24.78 at seq. Iowa River, See that title Traffic accidents.-.. ............ ................... __ ...... 23.84 at seq. Traffic. See that title ADMINISTRATION. See specific subjects I' _ ADMINISTRATIVE CODE Agency secretary, designation .......... _... __.._..__-_..__ 2.190 Appeal records.. ...... 2.191 - Applicability ......... _................ ____....... __.....__�..____. 2-182, Tom, Definitions ........ ........................................ _......._._..___.._.._... 2-181 Emergency orders_..___._____..___. 2-188 Failure of property owner Authority of city to perform work and assess. Hearings on actions, Interpretations, notices, etc.__..-_ 2.184 Decision of agency after hearing_.__-.._..___.._.____. 2.187 j Procedure on hearings__.._.._.___..__.....___....._ .... .__. 2.188 Time for commencement of hearings_._...__.._._____. 2.185 Informal dispositions ............................ _...._....... ..... _.... 2.192 Notices and orders ................................ ____...._.._..___.. 2.184 Personnel of city in general. See: Officers and Em- II ployees Purpose.............. .... _..__........... _.... _.._... ........ ........ .. 2-1110 Recordof appeals,_,_.._._......_._....__..-______._ .............._ 2.191 Violation notice and order ...... ..... _______._—.._... 2.183 ADMINISTRATIVE SERVICE DEPARTMENTS Cooperation..___._._............................ ............ _...... ... 2.2 Headsof department _........... _._................. _.._.......... ..... 2.3 Loraldepartment ....... ................................................. _.._____.. 2.8 Officers ... ........ ... ............ ..................... ..... _.......................... 2.4 Organized._. ...... __.............. _....... ............. _...... ___....__.._....... 2.1 j ADVERTISING Billposters, billposting and distributing Definitions.......... _............................ _.........._......-....................... 3.10 Supp. No.38 2977 j �6 I IOWA CITY CODE ADVERTISING—Cont'd. Section Loose paper, removal from billboards, etc ........... 3.23 Manner of distribution ................. ...... ... _........... __....... ... — 3.21 Persons may distribute bills within their own busi- ness, etc .......................... _...... ......................................... _. 3.22 Posting bills on properly without consent..._____..__. 3-16 Street distribution ................. .............................. .... ___. 3.21 Vehicles, placing handbills. etc., an or In ... _........ _.._... 3.20 Goidg-out•of-business and similar sales_...._.._.._.._..__. 21-31 at seq. Goinr•.nut•of-business and similar sales. See that title ADVERTISING SIGNS 7.aninr renuirementa.._...... ____....... ........................... ......._ 36.1 R set, Zoning. See that title AGED 11EIL30NS Senior center commission .... __.... .......... ............ ..... _........ 2560 Senior center commission. See that title AGENCIES Person construed re ......................... _............. _................. _. 1-2 AGREEMENTS. See: Contracts and Agreements AIR CONDITIONING AND REFRIGERATION hlrrhnnirnl code .......... ....... ___.._..... _.......... ... ......................... 3.44 et seq. Me.hanimd code.. See that title AIR POLLUTION Ilnrnrdous nubstances..._..............__..._.__......_.._....._....,._.._.. 24-160 at seq. Hazardous substances. See that title Zoning performance requirements ....... __....... ......... .....--••-- :16.76 gaming. &•e :deo that title AUtPORT COMMISSION Appointment.........................__........................................._......._.. 4.17 Bond of members _.......... .._..................... —..__.__..____._ 4.19 Compensation .. .................................. _.......... _ ...... .................. _.... _. 4.19 Composition .._____.... ............... _._................... __............ _... 4.11 L'rcelcrl...._.__..__._._..........._.._._.___.._..___._._..__._...____ 4.16 Officers_ ...... ..... . ........... . .......... . ....... 4.22 Powers and duties ..___....___..._.._...._._.._._._._.._....._._... 4.20 Rrparls.__..._._.._...._....__..._........................... _.... ..........._.._. 4.21 Rule making powers_._._._.._...._._._.__......_.._.........._...._.. 4.23 Term or office.................._............_.._.................._._._....."""..... 4.17 Varnncirs.... _..................... ..._........_....__.._...._—___.___-- 4.17 AIRPORTS AND AIRCRAFT Accidents Witnesses to. reports . ...... ........... ..... .............._.................. 4.43 Air spare height limilutions............................................................ 4.74 Air tralllr rrgulutions.................................................................... .136 Supp. No. 38 2978 LJ CODEINDEX ALARM SYSTEMS—Cont'd. Section Judicial review ..................................... 24.130 Penalties .......................................... 24-131 Permission toinstall alarm systems; standards............ 24.127 Serviceofnotice..................................... 24.129 ALCOHOLIC BEVERAGES Airport restrictions regarding use, possession, etc.......... 448 Beer brand signs prohibited ........................... 5.3 Children. See hereinbelow: Minors Consumption or possession in public places, municipal buildings . 54 Dances for minors in connection with business Generally ........................................ 5.7 Permitrequired ................................... 5.8 Revocation ..................................... 5.9 Dancing Prohibited sales and acts on premises .................. . 5.2,5.6 Disorderliness .....................:................ 24.27 at seq. Disorderly persons, conduct and houses. See that title Hoursofbusinese.................................... 6-10 Intoxication ........................................ 54 Airport regulations ................................ 448 Iowa River regulations ............................... 24.78 el seq. Iowa River. See that title Licenses and permits Application for renewal ............................. 5.34 Applications ...................................... 5.22 Beer permits Classes ........................................ 5.19 Separate permit required for separate locations, etc..... 5.21 Band required ..................................... 5.22 Councilactions .................................... 5.29 Dancing requirements .............................. 5.6 Fees ............................................ 5.28 Refunds ........................................ 5.32 Forwarding of documents to state ..................... 5.29 Investigation of applicant ........................... 6.25 Liquor control licenses Classes ........................................ 5.20 Nature and scope .................................. 5.30 Outdoor service areas Application for permission to operate ................ 540 Approval required ............................... 5.39 Exemptions..................................... 6.42 Inspection of .................................... 543 ' 'Regulation of ................................... 541 Suspension or revocation of permission to operate ...... 544 Supp. No. 38 2981 IOWA CITY CODE ALCOROLIC BEVERAGES—Co.t'd. Persons eligible ................................... Premises, requirements for .......................... Proof.frinancini responsibility ....................... Required ......................................... Seasonal licenses and permits ........................ Surrender, refund of fee,etc.......................... Suspension and revocation Appeal and hearing .............................. Errect of revocation ............................... Generally,grounds ............................... Specific terms ................................... Term, duration .................................... 'transferability as to location ......................... Minors Persons under legal age ............................. Prohibited sales and acts re .......................... Municipal buildings Consumption or possession in ........................ Nuisances declared .................................. Abatement or ..................................... Nuisances. See also that title Open containers Carrying from licenesedpremises ...................... Possessing in public places .......................... Outdoor service ureas ................................ Licenses and permits. See within this title that subject . Persons under legal age ............................... Minors. See hereinabove that subject Premises Requirements for .................................. Prohibited activities in parks, etc ....................... Parka and recreation. See that title Prohibited solesand acts .............................. Unlawful manufacture or sale of intoxicating liquor Nuisance provisions ................................ ALTERED GOODS SALES Golngmut-of-bufllness and similar miss .................. Going -out -of -business and similar sales. See that title AMENDMENTS TO CODE Generally .......................................... AMERICAN TELEPHONE AND TELEGRAPH COMPANY Telephone franchise ................................. Franchise. See that title AMPLIFIERS Noise regulations for sound•amplifying equipment ......... Supp. No. 38 2982 Section 5-23 5.26 5.27 5.18 5.33 5.32 5.37 6�38 5415 5-36 5.33 6.31 5.5 6.2 54 24.101 24.103 at seq. 2-1.46 b•39 et seq. 55 5-26 25-1 5-2 24.101(2) 21.31 at sect, 1.7 1452 vt seq. 2-1.46 CODEINDEX DANGEROUS BUILDINGS—Cont'd. ¢,,,otfor. Amendments ......... ........ .... .... ..... ....... 8.32 Generally. See: Buildings (lousing regulations re ............................... 17.3 Notice of proposed orders afrecting historic properties ....... 83.1,27-88 Nuisances declared .................................. 24.101 Abatement of ..................................... 24.103 at seq. Nuisances. See also that title Urban renewal, generally ............................. 8.1 et seq. DEAD ANIMALS Nuisance abatement regulations ....................... 24-101 at seq. Nuisances. See that title DEFECATION - Indecentexposureand conduct provisions ................ 24.114(c) DEFINITIONS General definitions for interpreting code ................. 1.2 DELEGATION OF AUTHORITY Construed ......................................... 1.2 DELIVERY TRUCES Parking in specified places prohibited ................... 23.235 at seq. Traffic. See that title DEMONSTRATION OR RALLY Croup activities in perks .............................. 25.18 at seq. Parka and recreation. See that Lille Use permits for use ofpublic ways ....................... 31-134 at seq. DEPARTMENTS Administrative code ................................. 2.180 et seq. Administrative colo. See that title Administrative services department .................... 24 at seq. Delegation of authority, construed ...................... 1.2 Finance department ................................. 2.123 et seq. Finances. See that title Firedepartment..................................... 12.37 et seq. Fire deportment. See that title Housing and inspection services department .............. 2.136 at seq. Housing and inspection services department. Seethat title Human relations department .......................... 2.151 at seq. Human relations departmenL See that title Human rights provisions .............................. 184 el seq. Jointauthority,construed ............................. 1.2 Legal department ................................... 2-5 Noise regulations Departmental actions .............................. 24.4.11 1 r- / i i Supp. No. 38 2999 I � IOWA CITY CODE DEPARTMENTS—Coni d. Section Parks and recreation ................................. 25.33 at seq. Parks and recreation. See that title Personnel of city in general. See: Officers and Employees Public transportation department established ............. 30.1 at seq. Public transportation. See that title Public works department ............................. 2.166 el seq. Pubic works department. See that title Police department ................................... 29.16 at seq. Police department. See that title DESECRATION Cemetery monuments ................................ 9.8 DEVELOPMENTS Floodplain management .............................. 11.7 at seq. Floodplain management. See that title Large scale developments ............................. 27.29 et seq. Planning. See that title Planning and program development Department or; director of Administrative service departments ................. 2.1 el seq. Subdivision regulations .............................. 32.1 et seq. Subdivisions. See that title Zoning requirements ................................. 36.1 et seq. Zoning. See that title DILAPIDATED, UNSAFE BUILDINGS, ETC. Abatement. Sec: Buildings Urban renewal, generally ............................. 8.1 et seq. DIRK KNIFE, ETC. Concealed weapons, carrying .......................... 24.66 Firearms and weapons. See that title DISCRIMINATORY PRACTICES Broadband telecommunications system Discriminatory practices prohibited ................... 14.88 Franchises. See also that title Human rights provisions .............................. 18.1 at seq. DISEASE CONTROL Rabiesand disnasecontrol ............................. 747 el seq. Animals and fowl. See that title DISEASED ANIMALS, TREES, ETC. Nuisance abatement regulations ....................... 24.101 at seq. Nuisances. See that title DISORDERLY PERSONS, CONDUCT AND HOUSES Accosting another person ............................ 24.49 Begging ........................................... 2452 Supp. No. 38 3000 W CODEINDEX DISORDERLY PERSONS, CONDUCT AND HOUSES—Cont'd. Section Disorderly conduct, committing ........................ 2447 Disorderly house,keeping ............................. 2448 Drinking in public ................................... 24.51 Lounging end loering..............:................. 24.50 Supp. No. SB 3000.1 �� i CODEINDEX FECES DISPOSAL Section Put animal prohibition and requirements ................ 7.10 et evil. Animals and fowl. See that title FEDERAL INSURANCE ADMINISTRATION Zoning requirements ................................. 36.1 at scy. Zoning. See that title FEES, CHARGES Other face and charges. See specific subjects as indexed Schedule of fees and charges authorized by specific provisions 32.I40 et seq. Finances. See that title FENCES, WALLS, HEDGES AND ENCLOSURES Animals tied, staked, tethered, hobbled, etc ............... 7.2gct Animals and fowl. See that title Housing standards re maintenance of fences .............. 17.71w1 Housing. See also that title Zoning requirements ................................ 36.1 et :a•q Zoning. Sae that title FINANCES Administrative service departments .................... 2.1 el seq. Boards and tm enahadons services ....................... 2.102 Budgets and records afboards and commissions ............ 2.10:1 City clerk to certify expenditure instruments ............. 2.78 City clerk. See that title Contracts, awarding ................................. 2.205 Contracts and agreements. See also that Lille Department of finance Created .......................................... 2.12:1 Director ......................................... 2.I2.1(b) Duties ........................ I.................. 2.124 Municipal bond financing • ............................ 32.1.100 et very. Municipal bond financing. See: Bonds Opening of bids .......... 2.101 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi• nance of this code Personal property Included to .......................... Public improvement projects 1.2 Amortization of conditional deficiency assessments ....... 2.207 Purchasing. See that title Schedule of fees Garbage and trash provisions (Chapter 15) Fees or charges authorized in ....................... 32.1 65 Parks and recreation (Chapter 251 Fees or charges authorized in ....................... 32.165 Public transportation Fees and charges authorized in ..................... 32.170 Supp. No. 38 3006.1 0 i IOWA CITY CODE FINANCES—Conid. S�1""' Purpose .......................................... 32.140 Traffic provisions (Chapter 23) Fees or charges authorized in ....................... 32.163 Utilities(Chapter 331 Fees and charges authorized in ..................... 32.1.73 Taxation. See that title FINES, FORFEITURES AND PENALTIES Effector repeal ofordinances ........................... 1.5 General pennities................................... 1.0 Violations of code in general. See: Code of Ordinances Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi• nance of this code FIRE APPARATUS Fallowing .......................................... 23.133 FIRE DAMAGED GOODS SALE Going oulafhusiness and similar sales .................. 23.31 et seq. Goingrouhofbusiness and similar sales. See that title FIRE DEPARTMENT Administrative service deponments .................... 2.1 et seq. Chief of fire inspectors,etc ............................. 1247 Fire chief .......................................... 12.37 FIRE EXTINGUISHERS Fire extinbmishem, early warning fire protection systems, maintenance by owners of rental units ............... 17.7(g) (lousing. See that title FIRE IIAZARDS Nuisances declared .................................. 24.101 Abatement of ..................................... 24.103 et seq. Nuisances. See also that title FIRE HOSE Crossing ........................................... 23.134 FIRE IIYDRANTS Muhile home parks, in ................................ 2240 Opening ofhydrnnts ......................... I....... 33-118 Water supply, etc., in general. See: Witter and Sewers Parking in specified places prohibited ................... 23.235 et seq. Traffic. See that title FIRE MARSHAL Bureau if fire prevention,as head of ..................... 1246 Supp. No. 38 3006.2 YLW CODEINDEX FIRE PREVENTION AND PROTECTION(Miscellany) Sector, Airport regulations .................................. 4.1elseq. Airports and aircraft. See that title Bureau of fire prevention Established ...................................... 1245 Firemarshal...................................... 1246 Inspection fees....................................1247 Inspectors ........................................ 1247 Reports and recommendations ....................... 1246 Code. See: Fire Prevention Code Contracts for emergency fate protection .................. 124 Flammable or combustible liquids in drums or other containers Amendments to fire code re storage and dispensing of ..... 1281(a) Housing. See also that title Exits, fire escapes; standards for dwellings .............. 17.5(i) Maintenance responsibilities of owners or rental housing 17.7(g) Fire extinguishers; early warning fire protection systems, requirements for rental housing .................. 174I(eXdl CODE INDEX GARBAGE AND TRASI I—Cunt'd, Semon Nuisances declared .................................. 24.101 Abatement of ..................................... 24.109 at seq. Nuisances. See also that title Permits Collectors permit. See hereinabove that subject Pickupschedule..................................... 15 621d1 Prohibited practices ................................. 157 Public works department divisions ..................... 2.166 Purpose of provisions ...................... ......... 15.1 Residential water service account Deposit upon establishment or ........................ 1566 Responsibility of collectors ............................ 15.621g1 Storage Containers. See within this Lille that subject Transportation Collertien, transportation and disposal. Sec heminnlawe that subject Tree limbs, yard wastes, etc. Collection. transportation and disposal ................ 15-621e1 Violations City's right to withhold services ...................... 15.10 Ilearl ngs, subse'que'nt action ......................... 159 Notice......................... .................. 15.8 Yard wastes ........................... ............. 1550 GAS Airport hangars, storage of compressed Fuses ............. 497 Airports and airenefts. Sem that title Franchise .......................................... 14.27 et seq. Franchises. Sea that title GAS INSTALLATIONS Housing standards to maintenance of gas appliances and facilities ....................................... 17.71k1 Housing. &o also that title Meehnnicalcnde..................................... 8-14 at seq. Mechanical code. See that title Storage zones far llammalles, combustibles, ek............ 12-18 et seq. Utilities, applicable and relative provisions. &r: Utilities GASOLINE: Airports, self -fueling rcgulatians ....................... 4.00 el seq. Airrytrts and aircraft. See that title GATHERINGS Gnmpaclivilies in parks .............................. 2548 et seq. Parks and recreation. See that title Unlawful assemblies ................................. 2.1.2 Assemblies. See that title Supp. No. 38 3014.1 Ls, j IOWA CITY CODE t GENDER Section Words used for interpreting code ........................ 1.2 GOATS Livestock running at large ............................ 7.5 Animals in general. See: Animals and Fowl GOING -OUT -OF -BUSINESS AND SIMILAR SALES i Advertising Conformity ....................................... 2132 i Definitions ......................................... 2131 Inventory, unlawful additionsto ........................ 2133 Licensee,duties..................................... 2132 Licenses Applications Contents ....................................... 21-02 Procedure ...................................... 2143 j Bond requirements ................................ 2144 1 Exceptions ....................................... 2149 Issuance Band prerequisite to .............................. 2144 Generally ...................................... 2146 Renewals2148 ........................... .. ........ ... Required ......................................... 21.41 ! ..,�..� Scope nf.......................................... 2146 Term of .......................................... 21-07 �•_'::>�.Y 1 GOLF Prohibited activities in parks, etc ....................... 26.1 Parks and recreation. See that tills GOODS Personal properly defined re ........................... 1.2 GOVERNMENTAL SUBDIVISION ,{ Person construed re .................................. 1.2 j GRADES OFSTREETS Generally .......................................... 31.8 et seq. J Ordinances saved from repeal, other provisions not included j herein. Sae the preliminary pages and the adopting ordi• nonce of this code Sidewalk grades ..................................... 31.97 1 Streets and sidewalks. Seo that title Telephone pole franchise requirements .................. 14.64 '1 GRADING .� Grading of premises of rental housing ................... I7.70 Housing. See that title - GRATING Uncovered openings ................................. 31.7 Supp. No, 38 3014.2 CODEINDEX r G GROUNDS AND BUILDINGS, MAINTENANCE Section Boards and commissions services ....................... 2.102 GROUNDWATER Storm water runoff facilities ........................... 33.54 at seq. Water and sewers. See that title E GUNS Firearms, discharging................................ 24.64 Firearms and weapons. See that title GUTTERSANDCURBS I Excavation requirements ............................. 31.21 et seq. Excavations. See that title Sweeping litter into gutters ........................... 15.81 H HANDBILL DISTRIBUTION Billposters, billposting and distribution .................. 3.16 eL seq. Advertising. See that title HANDICAPPED PERSONS City playa, useof wheeled devices, exemptions forwheelchuim . 9.14 Purkingspaces,provided .............................. 23.253 Traffic. See that title Public transportation, special fares and free transit services '•.-�� for handicapped persons ........................... 30.8 Public transportation. See that title HAWKERS Peddlers'regulations................................. 26.1 et seq. Peddlers, canvassers and solicitors. See that title HAZARDOUS SUBSTANCES Cleanup required.................................... 24.161 Definitions ........................... 24.160 Notification . �............. 24.162 Nuisances declared.................................. 24-101 Abatement or ..................................... 24.103 et seq. Nuisances. Sea also that title HAZARDS Floodplain management .............................. 11.7 et seq. Floodpinin management. See that title HEALTH AND SANITATION Animal regulations.................................. 7.1 et seq. Animals and fowl. See that title , Supp. No. 3B i 3Ul4.a CODEINDEX I INSURANCE SALVAGE SALES Section Gaing-out4-bustness and similar sales ....... 21.31 at seq. Going -out -of -business and similar sales. See that title INTERSECTIONS Parking in specified places prohibited 23.236 at aeq. Traffic. See that title INTOXICANTS Alcoholic beverage regulations ___---_____.._ 6.1 et seq. Alcoholic beverages. See that title Drinking in public __ 24-61 Iowa River regulations 24-78 at seq. Iowa River. See that title IOWA CITY, CITY OF. See: City IOWA -ILLINOIS GAS AND ELECTRIC COMPANY Electrical franchise 14.1 etaeq. Gas franchise — 14-27 et seq. Franchises. See that title IOWA RIVER �..,. Activities prohibited 24-S3 Authorized emergency vessels 24.89 Boat liveries 24.81 Buoys, regulations for------ 24.87 Classification and required equipment for vessels .__ 24-89 Collisions, accidents, casualties — 24-79 Definitions..----. ---_— 2448 Drugs, medicines, alcohol, barbiturates, etc. Prohiibted activities _ 24-83 Flushing blue lights, blue lights, etc., on vessels Prohibited activities ---------------- 24-83 Ice, driving over 24.88 Marijuana, garbage, rubbish, littering, etc. Prohibited activities ._.--_--.—_..__..._.... 24-83 Muffling devices for engines _----- 24.82 Swimming, boating, drinking, etc. Prohibited activities 24.83 Vessels Overloading 24.86 Right-of-way rules 24.89 Watersk13, surfboards, similar devices ' Vessels towing persons on ... __._.................... ... ........ .. 24.83 Zoning for ORC—River carridor overlay zone ............... ........... :16 4.1 cl seq. yaning. See that title IOWA, STATE. See: State l Supp. No. 38 3021 16 IOWA CITY CODE i ITINERANT MERCHANTS Section Peddlers' regulations 26.1 et seq. Peddlers, canvassers and solicitors. See that title J JAIL. See: Prisons and Prisoners JOHNSON COUNTY. See: County JOINT AUTHORITY Construed........_.._. ............. ___... 1.2 JUNKED MATERIALS Nuisances declared ------- ...... �._.._..__ 24101 Abatement of __.._... - _,_._.___._� 24.103 at seq. , Nuisances. See also that title JUVENILES. See: Minors , K ' !i KENNELS Pet animal regulations ......___._.._...... .........._...... _ 7.17 ct seq. Animals and fowl. See that title - KITCIIENS AND DINING HOONIS Communal kitchens and dining rooms in rental units, requirements................................. ............................................ 17.61i1, 01 l Ilnus�•,q. Set• that Lille KNIVES 1 !I Concealed weapons, carrying.�,_____.___-__,,,,___ 24.60 Firearms and weapons. Be, that title KNUCKLES OF LEAD, BRASS, ETC. r i Concealed weapons, carrying 24.60' Firearms and weapons, See that title L - LABOR RELATIONS Human rights provisions.......................... __........ _.......... 16.1 of seq. 1 LAKES AND FOUNTAINS Throwing litter in ....__.._..._..._..._ 10.86 - i LAND, REAL ESTATE Construed...... _..... 1.2 �• LAND USE Zoning requirements....___..__............_....___.._.__...._.._._.._..• 36.1 el seq. Zoning. See that title Supp, No. 38 3022 �d CODE INDEX LANDSCAPING Section City plaza regulations .._._._.._._._._....... ..___._................ 9-1-2,914(a)(8) City plaza. See that tide Housing standards re owner's responsibility .... ........ _........... 17-7(d) Housing. See also that title' LEAD OR BRASS KNUCKLES Concealed weapon, carrying —.___.__........_................ _....__ 24E8 F(reurtu and weapon. Sea that title Supp, No, 38 3022.1 �:Q CODEINDEX MUSICAL INSTRUMENTS Section Noise regulated..................................... 24.4.5 Nuisance abatement regulations ....................... 24.101 eL seq. Nuisances. Sero that title N NARCOTIC DRUGS. See: Drugs and Medicines j NAVIGATION i Iowa River regulations ............................... 24.78 et seq. fIowa River. See that title i NEGRO RACE DISCRIMINATION t6 Human rights provisions .............................. 18.1 eL seq. C NEWSPAPERS ( Newspaper vending machines City plaza, location at .............................. 9.1-76) Regulations far newsprint collection .................... 16.11 NIGHTCLUBS AND LOUNGES Alcoholic beverage regulations ......................... 5.1 at seq. Alcoholic beverages. See that title NOISE Activities prohibited, specific ....................:..... 24.44 Additional remedies................................. 24.4.17 Amplifying equipment, regulation of.................... 24.4.6 Animals........................................... 24.4.8 City plow, noise control at ............................ 9.1.7(d) City plow. See also that title Commercial performance standards ..................... 24.4.9 Definitions......................................... 24.4.2 Departmental actions................................ 24.4.11 Disorderliness...................................... 2447 at seq. Disorderly persona, conduct and houses. Sao that title Effective date....................................... 24.4.13 Excavation requirements ............................. 31.32 Exceptions......................................... 24.4.3 Industrial performance standards ...................... 24.4.9 Loodingand unloading ............................... 24.44(b) Motorboat repairs and testing .......................... 24.44(c) Motorized vehicles................................... 21.4.7 Musical Instruments and similar devices ................. 24.4.5 Noise control officer Powers and dutiesuf................................ 24.4.10 Nuisances declared.................................. 24.101 Abatement of..................................... 24-103 at seq. Nuisances. Soo also that title - _ Penalty............................................ 24.4.16 I Supp. No. 38 3031 I i Af IOWA CITY CODE NOISE—Cont'd. Section Performance standards Zoning requirements ............................... 36.1 at seq. Zoning. See that title Policy ............................................. 24.4.1 Powered model vehicles ............................... 24.44(d) Public transportation, prohibitions ..................... 30.5 Purpose ........................................... 24.4.1 Remedies, additional ................................. 24.4.17 Repealer ........................................... 24.4.15 Sales by"hawkingor barkinb .......................... 24.41(a) Severability, of provisions ............................. 24.4.14 Sound equipment, rebvlalion of ........................ 24.46 Sound trucks and otherdevices ......................... 24.44(e) Sound variances ..................................... 24.4.12 Tires squealing, etc ................................... 23.137 Traffic. See that title Titleand scope ...................................... 24.4.1 Vehicle repairs and testing ............................ 21.44(c) NOMINATIONS FOR OFFICE Election procedures .................................. 10.1 et seq. Elections. .See that title NOTICES AND ORDERS Administrative code ................................. 2.180 at seq. Administrative code. See that title NOVEMBER ELEVENTH Computation oflime re ............................... 1.2 NUCLEAR WEAPONS FREE ZONE Definitions ......................................... 2.1.143 Enforcement ....................................... 24.145 Notification ........................................ 24.146 Nuclear weapons work 'prohibited ...................... 24.144 Purpose ........................................... 2.1.142 Title.............................................. 24-141 NUDITY Indecent exposure ................................... 24.114 NUISANCES Abatement Administrative proceedings, abatement by ............. 24-105 Authority ........................................ 24.103 Emergency abatement procedure ..................... 24.108 Municipal Infraction proceedings, abatement by ......... 24-106 Notice to abate, service ............................. 24-104 Remedies far nbmemenl; penalties .................... 24.107 Supp, No. 38 3032 �I �\ CODEINDEX I I - NUISANCES—Cont'd. Section { Dead or dibeased trees, etc ............................. 3423 et seq. j Forestry. See that title Debris deposited on public righbopway .................. 31.11 l t Declaration of nuisance ............................... 24.101 { Definitions ......................................... 24.102 Enumeration of declared nuisances ..................... 24101 Prohibited nuisances Authority to abate ....................... 24.103 Tree and forestry regulations ................... 34.16 at seq. Forestry. See that title Weed control provisions. See: Weeds and Brush NUMBER Word usage for Interpreting code ....................... 1.2 NUMBERING OF BUILDINGS. See: House Numbering O OATH, AFFIRMATION, SWEAR OR SWORN City clerk .......................................... 2.75 Defined ............................................ 1.2 OBLIGATIONS OF CITY j .Ordinances saved from repeal, other provisions not included berein. See the preliminary pages and the adapting ordi. nance of this code OBSCENITY. See: Indecency and Obscenity OBSOLETE VEHICLES Inoperable%bsolete vehicles ........................... 24.101 etseq. Nulaanees. See that title OBSTRUCTIONS Excavations. See that title 1 Nuisances declared .................................. 24.101 Abatement of ..................................... 24.103 et seq. Nuisances. See also that title OCCUPATIONS i Occupational licenses ingeneral ........................ 21.1 etseq. Licenses and permits. See that title OFFENSES AND MISCELLANEOUS PROVISIONS Generally .......................................... 24.1 at. seq. Specific penalties, remedies, regulations, etc. See specific subjects Misdemeanor, construed .............................. 1.2 ' Municipal Infractions �. Procedures and penalties. See; Infractions, Municipal Supp. No. 38 3032.1 al j � r , I IOWA CITY CODE OFFENSES ANDSIISCELLANEOUS PROVISIONS—Cont'd. Section Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi. nance of this code Slate law violations declared misdemeanor ............... 1.8 Code violations in general. Sec: Code of Ordinances OFFICERS AND EMPLOYEES Administrative code ................................. 2.180 at seq. Administrative code. See that title Alcoholic beverages Consumption or possession in public places, municipal - buildings ..................................... 54 Boards, committees and commissions .................... 2.100 Boards, committees and commissions. See that title ' City attorney. See thnl title ............................ 2.63 at seq. City attorney. See that title Cityclerk .......................................... 2.75 at seq. City clerk. See that title Citycouncil ........................................ 2-17 et seq. City council. See that title Citymanager ....................................... City manager. See that title Civil service commission ............... 2.111 Code references to specific ogiciale, boards, commisa(ons, etc. Rules ofeonslruction for interpreting code .............. 1.2 Compensation, salaries, etc. Councilmen ...................................... 2.18 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Other matters relative to compensation of particular per. sons. See specific otlicers, boards, departments, etc. Delegation ofnutharity, construed ...............:...... 1.2 Departments in general .............................. 2.1 et seq. Departments. See that title Director or parks and recreation ........................ 25.34 Parks and recreation. See that title Director of public transportation ....................... 2.223 Public transportation department. Be, that title Elections .......................................... tu.l at seq. Elections. See that title Electrical inspector .................................. 8.125 Fire chief .......................................... 12.37 Fire department. See that title Fire marshal ....................................... '12.46 Forester ........................................... 34.16 et seq. Forestry. See that title Supp. No. 38 3032.2 Pf /d CODEINDEX OFFICERS AND EMPLOYEES—Cont'd. Section Housing inspector ................................... 17.3 et seq. Housing. See that title Humanrights provislom .............................. 18-1 et seq. Impersonating an officer .............................. 24.3 Joint authority Construed........................................ 1.2 Mayor ............................................. 242 et seq. Mayor. See that title Noise control aRcer. powers and duties of ................ 24.4.10 Supp. No. 38 3032.3 `0 CODEINDEX PUTRID SUBSTANCES Section Nuisance abatement regulations ... ..................... 24.101 et seq. Nuisances. See that title 23835 et seq. R QUARANTINE Chop. 30 Rabiessuspects....................................... 747 Animals and fowl. See that title QUITTING BUSINESS SALES 33.54 et seq. Going-outof-businem and similar sales ................... 21.31 et etal. Going-ou40-husiness and similar sales. See time title 1t 17iia RACE DISCRIMINATION Human rights provisions ......... ............... ..... IF -I et seq. RAILROADS AND TRAINS Parking in specified places prohibited ..................... 23835 et seq. Traffic. See that title Reservation of provisions ............................... Chop. 30 Traffic regulations. See. Traffic RAIN STORMS Storm water runoff facilities ............................ 33.54 et seq. Water and sewers, See that title RAINWATER DRAINAGE Housing standards re owners responsibility ................ 17iia Housing. See also that title RALLY OR DEMONSTRATION Defined.......................................... 31-1 Streets and sidewalks. See that title Group activities in parks .......................... 25.45 at seq. Parks and recreation. See that title Use permits for use of public ways .................. 31.134 at seq. RATS, MICE, ETC. Nuisances declared .................................. 24.101 Abatement of ..................................... 24.103 of seq. Nuisances. See alga that title RAZORS Concealed weapons, carrying ....................... 24 -GG Firearms and weapons. See that title RECREATION, See: Parks and Recreation Supp. No. 38 30.13 IOWA CITY CODE REFRIGERATION AND AIR CONDITIONING Mechanical code Section .............. ..................... Mechanical code. See that title 8.44 etaeq. REFUSE. See; Garbage and Trash REGISTRATION Voter registration ............................. .... Elections. See that title 30-1 RELIGIOUS DISCRIMINATION Human rights provisions .......................... 18.1 etseq. REMOVAL OF BUSINESS Going -out -of -business and similar sales .............. Going-out•of-business and similar sales. See that 21-31 et seq. We RENTESCROW Certification or rent escrow .... ......... ....... ......... Ilnusing. See also thnl title 17.31p1 RENTAL PERMITS Application for, imunnce, extension .. ........ .... .... .... Housing. See also llwt title 17-1O RENTAL UNITS Ilousingprovisinns.................................... Housing. Sec [hat title 17.I et seq. REPEAL OF ORDINANCES Effect....................... ...... Ordinances saved from repeal, other provisions not 1.6 included herein. See the preliminary pages and the adopting ordinance of this code RESIDENTIAL DISTRICTS Parkingin ..................... ..................... Traffic. See that title 23.262 RESIDENTIAL UNITS Large scale developments ............................ Planning. See that title 27.20 et seq, RESOURCES CONSERVATION COMMISSION Annual report ...................................... Compensation 27-78 ...................................... Established ....................................... 27.76 ........................................ 27-73 PlPlanning .. anning ........................................... 27-74 Planning. See that tido 27-1 et seg, q Supp. No. 38 3044 Ik t CODE INDEX RESOURCES CONSERVATION COMMISSION—Cont'd. Station Powers and duties—_--__—�____�__ 27-77 Purpose of provisions ._—_______.._._. 27.72 Qualifications .—__._.__._.�—�.__. 27-74 Terms of office .�______—__.____,.—.... 27-76 RESTAURANTS Definitions ��__—___._�. 13-16 Permits Agreements for enforcement 13-21 Application ___ 13.18 Issuance, persons entitled 13.20 Required ,_ 13.17 Retention, persons entitled _—._.________—_ 13-20 Transferability 13-10 Smoking ----------- ___.._._....._.._._.._.._._......_...._..-_....... ... 24.5 RETIREMENT Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code REVENUE OF CITY. See: Finances RICHTS•OF-WAY AND EASEMENTS Nuisances Deposit of debris on public right-of•way_............. ..........._ 31.11 Ordinances saved from repeal, other provialeae net Included herein. See the preliminary pages and the adopting ordinance of this code Rightopway sign permits ............. _............. _......... _.._............. 31.145 at req. Streets and sidewalks. See that title Underground electric service 33.79 Electric service (underground). See that title Underground telephone service _ 88.99 Telephone service (underground). See that title Supp. No. .18 3044.1 CODE INDEX SMOKING—Cont'd. Section Smoking prohibited in certain area 24-6(c) Purpose of provisions 24-6(a) Responsibility of proprietors _ 24-6(d) Violation not a misdemeanor 24-6(g) SNOW EMERGENCIES Parking, stopping and atanding _ 23-296 et seq. Traffic. See that title SNOW REMOVAL Nuisances declared ._-____.._._ 24101 Abatement of 24.109 at seq. Nuisances. See also that title Requirements 31-120 at seq. Streets and sidewalks. See that title SNOWBALLS Throwing in streets 81-3 SOLICITORS Peddlers regulations --- 2&1 at seq. Peddlers, canvassers and solicitors. See that title SOLID WASTE DISPOSAL Garbage provisions _._ 16-1 at seq. Garbage and trash. See that title Public works department divisions 2-188 SOUND EQUIPMENT Noise regulations for sound equipment 24.46 SPECIAL ASSESSMENTS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code SPORTING EVENTS Group activities in parks ,— 26.48etseq) Parka and recreation. See that title SPRAYING OF TREES Tree and forestry regulations 34.16 et seq. Forestry. See that title STAGNANT WATER Nuisances Jeclnred_._.........._.._..___.._...._.......-•__._...._...._... 24101 Abatement of ........ ......... _._..... ............................... 2.1.103 tt seq. Nuisances. See also that title Supp. No. 38 3049 �J IQWA CITY CODE �. STAIRWAYS AND PASSAGEWAYS Section i Lighting of public balls and stairways in rental housing, minimum structural standards ...................... 17.6(b) Housing. See that title Minimum structural standards for all dwellings re stairways and passageways ................................. 17.5(i) STAMPS Written, in writing, els., construed re .................... 1.2 STATE Defined ............................................ 1.2 STORAGE FACILITIES Aviation fuel storage ................................. Self -fueling regulations. See: Airports and Aircraft 4.03 eL seq. Housingstandards re rooming houses, etc.......:...... ... 17.0(bb)et seq.Housing. See that title Zoning requirements re special vehicle and watercraft park. ingand storage .................................. 36.58(6) STORM SEWERS Subdivision regulations ........... I .................. 32.1 at seq. Subdivisions. See that title STORbfWATER DETENTION t Nuisances declared .................................. 24.101 i Abatement of ............... ... •.................. 2t-103 of seq. Nuisances. Sec also that tills STREETS AND SIDEWALKS Alcoholic beverages Open containers, possessing on public streets, highways, sidowalks,etc................................... 5.12 Animals. See else: Animals and Fowl Driving or riding ................................... 31.5 Other provisions relative to animals. See: Traffic Feeding animals on streets ....................... . .. 31.6 Broadband telecommunications system Condition ofstreet occupancy ........................ 14.85 Franchises. See also that title Cellar door, grating, covering of areaway, etc. Uncovered openings ................................ Coal holes in sidewalks ............................... 31.7 31.100 Cool holes, stairway entrances, etc. Uncovered openings ................................ 31-7 Coasting or skating,etc ............................... 31-2 Similar provisions. See: Traffic Curb cuts Driveway width restrictions ......................... 31.60 Modification offootage requirements .................. 31.61 Supp. No. 38 3050 CODEINDEX STREETS AND SIDEWALKS—Cont'd. Section Permits Hard surfaced driveway prerequisite to .............. 31.71 Required ....................................... 31.70 Proximity of driveways to corners and property linea ...... 31.60 Curfew regulations .................................. 24-23 at seq. Curfew. See that title Definitions ......................................... 31.1 Dirt, mud, debris Depositing on right-of-way; nuisance conditions ......... 31-11 Driveways Curb cuts. See hereinabove that subject Excavations ........................................ 31-21 at seq. Electrical franchise rights ........................... 144 Excavations. Sea also that title Supp. No. :18 3050.1 CODEINDEX 7 TRAFFIC—Conl'd. ection Section Defined .................. ... E Vehicles. See hereinabove: Motor Vehicles, and Other Vehicles 23.1 Violations IImpoundment ............................. 23.21 Owner prima facie responsible for ..................... 2320 Parkingmekrzoneaandparkinglate; miaeellaneousviolation-. Penalties for parking violations; payment pursuant to 23278 notice of fine................................ 23.279 Parking violations Fees and charges authorized ............. . ......... 32.1.63 Schedule of fees. Sec: Finances Warning devices, control of vehicle ...................... 23.190 Weight limitations. See hereinabove: Size and Weight Limitations Wheels. See within this title: Tires and Wheels on Vehicles White canes for blind persons .......................... 23.221 Pedestrians. Ste within this title that subject Workmen on highways Driverregarding.................................. I 23.218 Wrecks. See hereinubovo: Accidents Yellow lines, crossing .............. 23-152 � Yield signs. Sec hereinabove; Stops Signs and Yield Signa �-� TRAILERS Manufactured housing parka.......................... 22.1 at seq. Manufactured housing parks. See that title TRANSITSYSPEMS Public transportation................................ 30.1 at seq. Public transportation. See that title Public works department divisions ...................... 2.166 TRASH. Sae: Garbage and Trash TREES AND SHRUBBERY Animals tied, staked. tethered, hobbled, etc ............... 7.201et Animals and fowl. See that title Cemetery plank, injury to ............................. 9.9 Diseased or damage trees or shrubs Nuisances declared................................ 24.101 Abatement of ................ 24.103 at earl. Nuisances. See also that title Disposal of limbs and brush ............. I.............. 1549 Garbage and trash. See that title Electricity 1 Right ofcompany to trim trees ........................ 144 Supp. No. 38 3069 I I g) IOWA CITY CODE 'FREES AND SHRUBBERY—Cont'd. Prohibited activities in parks, etc ....................... Parks and recreation. See that title Rental housing, landscaping with grass, trees, shrubs,etc. ... Housing. See that title Tree and forestry regulations .......................... Forestry. Ste that title Zoning requirements ........... ..................... 'Luning. See that title. TRENCHES Pipelaying ......................................... Excavations. See that title TRESPASS Disorderliness .......................'................ Disorderly persons, conduct and houses. See that title TRUCKS Litter, causing ...................................... TRUST Personconstrued re .................................. TRUSTEE'S SALES Goingou/ofbuxiness and similar sales .................. Going-out•of-business and similar sales. Stn that title TUNNELS Excavations. Sao that title TWELFTH DAY OF FEBRUARY Computationoftime re ............................... U UNDERBRUSH. See: Weeds and Brush UNDERGROUND ELECTRIC SERVICE Generally .......................................... Electric arrvice (underground). See that title UNDERGROC''JD TELEPHONE SERVICE Generally.......................................... Telephone ssvlce (underground). See that title UNIFORM BALDING CODE Adopted .. .................................... Bulldinp. 4- that title UNIFORM Flni, IUUF: Adnpted........................................... Fire prevention code. See that title ' Supp. No. 38 3070 1 Section 251 17.7(d) 34.16 et seq. :16.1 et seq. 3135 2427 et seq. 16.33 1.2 coy 21.31 at seq. 1.2 33.77 at seq. 3397 at seq. 8.16 at seq. i 12.16 at seq. 1 CODEINDEX UNIFORM PLUMBING CODE. See: Plumbing Code Section UNLAWFUL ASSEMBLIES Engoging in ........................................ 24.2 Assemblies in general. See: Amemblies Supp. No. 38 3070.1 CODEINDEX VANDALISM—Cont'd. Nuisance abatement regulations ....................... Nuisances. Sea that title Prohibited activities in parks, etc ....................... Parka and recreation. See that title TrafRecontrol devices, interfering with .................. Traffic. See that title VEGETATION Forestry ........................................... Forestry. See that title. See also: Trees and Shrubbery Turfand weed control ................................ Weeds and brush. See that title VEHICLES. See: Motor Vehicles and Other Vehicles VEHICLES FOR HIRE IToxicabs and horse-drawn vehiclesl Chauffeur's license Required ......................................... Suspension or revocation ............................ Term; renewal or licenses and permits ................. Decal Issuance ......................................... Vehicle for hire license decal ......................... Definitions ......................................... Distinctive color scheme required ..................... Driving permit Application ....................................... Fees............................................ Identification card or badge ........................... Issuance ......................................... Required ......................................... Suspensionor revocation ............................ Term;renewal.................................... Fares. See within this title: Rates Horse-drawn vehicles Animal treatment and health ........................ Equipment ....................................... Routes ........................................... Sanitation ....................................... Identification card requirements ....................... Interior lights required ....... I ........................... Lettering orcompony name on vehicle ................... Licenses Chauffeur's license. See within this title that subject Taxicab license. See within this Lille that subject Name of company required on vehicle .................... Permits. See within this title: Driving Permits; See aim within this title Taxicab Stands Public transportation ................................ Public transportation. See lhnt title Supp. No. 38 3073 Section 24-101 at seq. 25.1 2336 34.16 et seq. 3469 at seq. 35.25 35.35 35.36 35.31 3629 35.16 3518 3527 3534 3620 3538 35.26 35.35 3536 35.39 3540 35.37 3538 3530 35-19 3517 35.17 30.1 el seq. a IOWA CITY CODE Y VEHICLES FOR HIRE—Coned. Section - Rates Card tobedisplayed and provided to passengers......... 35.22 Disclosure of ...................................... 35.21 Receipts for fare: contents ........................... 35.23 Right to demand prepayment of fare, obligation to carry passengers ................................... 36.24 Smoking prohibited in public conveyances ............... 24.5 Smoking. Sec also that title Suspension or revocation of licenses and permits .......... 3535 Taxicab license Application ...................................... 3530 Decal for ......................................... 35.29 .5 .. .. Fees ............................................ 3534 '. Issuance or license decal ............................ 8531 Liability Insurance prerequisite to issuance ............ 3632 Mechanical inspection prerequisite to humaaco .......... 3533 Suspension or revocation ............................ 3535 '= Terms; renewal of licenses and] permits ................ 8536 Taxicab stands Permit for ........................................ 35.31.1 VENDORS '.'_i City plaza, regulations in ............................. 9.1.1 et BCq. •.5] City plaza. See that title c° Peddlere'regulsl(ons................................. 26d et BCq. Peddlers, canvassers and solicitors. See that title VENTILATION, LIGHT AND HEATING Minimum structural standards for all dwellings Interior air quality; natural ventilation; mechanical venti. lation requirements ............................ 17.61k1 ' Housing. See that title VERMIN INFESTATIONS 'c Nuisances declared .................................. 24-101 �j Abatement of ..................................... 24.103 at seq. Nuisances. Seo also that title v VENS NI S Lown River regulations ............................... 29.78 at seq. , Inwn River. See that title ' VETERAN'S DAY Campulntion of time re ............................... 1.2 VETERINARIANS Rnhicsnnd dist-me control ............................. 7.47 Animals and fowl. See that title Supp. No. 38 3074 le CODEINDEX VIOLATIONS Administrative code ............................ Administrative code. See that title ..... Section 2-180 et seq. Misdemennor construed re ............................ Stale lnW violations declared misdemeanor ............... Code violations in general. Sse: Code of Ordinances 1.2 1.8 Supp, No. 38 I CODEINDEX WATER AND SEWERS—Conl'd. Section Emptying and disinfecting ............................ 33.29 Installation in water supply strata .............. ...... 33.28 Nuisances ......................................... 33$1 Permit from board of health Required........................................ 3336 Privy requirements,generally ......................... 33.27 Sewers in general. See within this title: Sewers and Sewage Disposal Spam limitations ................................... 33.32 Privy vaults .. . .... ......1 .. ' Private sewage disposal. See hereinabove that subject Public works department divisions ...................... 2.166 Septic tanks Private sewage disposal. See hereinabove that subject I Sewers and sewage disposal Building sewer requirements and Industrial waste control, See hereinabove that Subject City organized into one sewer district .................. 33.16 Connections to systems Plumbing requirements ........................... 8.164 Required, when .................................. 33.17 Utility requirements in general ..................... 33.1 at seq. Fees and charges authorized In previsions .............. 32.1.73 Schedule of foes. See: Finances Nuisances declared .................................. 24-101 Abslomentof..................................... 24.103 et seq. Nuisances. See also that title Private systems, connection of ........................ 3317 Private sewage disposal. See within this title that subject Rales and charges Fees and charges authorized In provisions ............ 32.1.73 Schedule of fees. See: Finances; see also within this title: Rates and Charges User charge system Billing procedures .............................. 3346 Definitions ................................... 3343 Delinquent amounts, collection procedures ......... 3346 Funding .....................'................. 3344 Purpose ...................................... 3342 " Rotes ............................... :........ 3345 Review; changes to rates ......................... 3347 Storm water runoff. Sea within this title that subject Storm water runoff Administrative review afdireclor's decisions............ 3359 Building permit requirements ....................... 3358 Construction of control structures nr water detention facilities Prerequisites tb................................. 33.58 Supp. No. 38 3077 i IOWA CITY CODE WATER AND SEWERS—Cont'd. Section Control in excess of requirements ..................... 33.65 Definitions ........................... :........... 33.54 Dry bottom storm water storage area Design criteria .................................. 3362 Emergency orders ................................. 33-.80 General requirements . 1 ............................ . 33.61 Miscellaneous storm water storage areas ............... 33-64 Prerequisites to construction efconlrol structures, etc..... 33-58 purpose .......................................... 33.55 Regulations .................................... ..sions 33-57. Scope ofprovi................................. 33.56 Subdivision•regulations ............................. 32-1 at seq. Subdivisions. See that title Wet bottom storm water storage areas Design criteria .................................. 33.63 Utilities, applicable u4relative provlsions. See: Utilities , Water supply and distribution Application for service pipe, denial .................... 33-116 Charges. See hereinbelow: Rales and Charges Connections Abandoned sdivide'pipcs'.: ........................ 33.141 Application ..................................... 33.133 -'I.aopa and cross -ties .......... .:.*................. 33.136 5lnins, taps to ............................ :...... 33:135 Maintenance ofservice ........................ ....• 33.136 Nonconfarm ing connections ........................ 33.140 Service materials, Joints ............................ 33.137 • Service pipes ............. :'.::..... .............. 33.134 Trench.filling................................... 33.130 Utility conneclionsin general ...................... 33-J etseq. Damages by turning on • water ".. . Nonliability of city ............................. • . 33.123 Definitions ........................................' 33.115 Fees and charges authorized in provisions .............. 32.1.73 Schedule offices. See: Finances I lydraam, opening ................................. 33.118 Inspections .......................................' 33.117 Mains -Assessments ..................................... 33122 Costs .......................................... 33.121 Multiple motersaulhorized,when ................... 33.153 Proof prerequisite to installing ..................... 33.150 Protection ...................................... 33.154 Rates and charges. Site within this subtitle that subject Ilequired....................................... 33.140 Size and rclensinns .................... .......... 33.120 Size of meters ................................... 33.153 Supp. N". :18 3078 I CODEINDEX WATER AND SEW ERS—Confd. Section 'faslmg of maters .. .. ................ .... ........ 33155 Valves and fillings ............................... 33-152 Meters Location. pineemanl .............................. 33.151 Water Plumbers and other interested parties Information supplied to ............................ 33-119 Private wells ..................................... 33125 Rales and charges Billing procedures ............................... 33.166 Connecting loops ........:....................... 33.170 Delinquent accounts; collection procedures ........... 33.166 Direct purchase rate .............................. 33365 i Director of public works. authority to establish fees and charges for services ........................... 33.169 Fees and charges authorized in provisions ............ 32.1.73 iSchedule of fees. Sae: Finances .....' .... • .' - Procedure for fixing rates............ 33.168 Rate schedule .................... 33163 Temporary use during construction ............ 33167 Shutaff of service ............................ .... 33.12.1 Watercourses. Sae also that title WATER CLOSETS Housing regulations ................................. 173 at seq. (lousing. See that title WATERCOURSES Nuisance provisions re offensive or disagreeable substances thrown Into ponds or penis of water .................. 24.101(10) Nuisance provisions re overflow water from adjacent lands entering .. 24.101(8) WATERCRAFT Iowa River regulations ............................... 24.78 at seq. Iowa River. See that title %ening requirements regarding special vehicle and watercraft parking and storage .............................. 3658(g) WATERWAYS Nuisance abatement regulations ....................... 24-101 at seq. Nuisances. See that title WEAPONS. See: Firearms and Weapons WEEDS AND BRUSH Nuisances declared ................................... 27.101 Abatement of ........................ .... .. ...... .. 2710:1 at seyl. Nulsnnccs. Sec also that tills Supp. No. 38 3078.1 /f � V IOWA CITY CODE WEEDS AND BRUSH—Cont'd. Weed control Section City manager Weed official. Seo within this subtitle that subject Definition......................... ............... Emergency control messurc............ 3470 I............ Enforcement of provisions 34.76 Weed official. See within this subtitle that subject Natural area Designated ....... Natural or conservation areae ...................... Newly developed areas ............................ 34.74(6) Publicways................... 34.74(d) I................. Nuisances........................................ 34.74 Short title .......... 34.73 Violations, notice of .................. I ............. Weed onieial 34.75 City manager. etc., designated as ................... Enforcement ofprovisions generally 34,71 y •' • • period; notice of 3491 n .......... ............... Interference with .................... 34.76 Violation, notice of ............ ............................ 34.72 WELLS ... 34.75 Private well................. Water systems in general. See; Water and Sew,, 33.125 WINE AND BEER Alcoholic beverage regulations ................ Alcoholic beverages. Sec that title ......... 6.1 el eeq Drinking in public................................. 24.51 WIRING Electricity (generally), See that title WORDS AND PHRASES Central definitions for interpreting code ...,.,••,,••,• 1.2 WRECKS Mayor as chfef city representative ... . ......... . ........ TraMc, accident.............. 246 I ...................... Traffic. Sea that title 2348 at seq. WRITS, WARRANTS AND OTHER PROCESSES Cemputalian of time re ...... . ........... . • • . • . . . Human rights complaint procedures I.2 ............• Human rights, Seo that title """' • IB•) at seq. WRITTEN, IN WRITING Defined............................................ 1.2 Supp. No. 38 3078.2 l� M CODE INDEX Y YARD WASTES Section Disposal ........................................... 15.50 Garbage and trash. See that title YARDS AND OPEN SPACES Housing standards re light and ventilation ............... 175 Housing. See also that title Zoning requirements ................................. 36.1 at seq. Zoning. See that title YEAR, MONTH Defined ............................................ 1.2 Z ZONING Acaeroryuseandbuildingregulations .................... 8657 Parmitted aocaeeury urs andbuildinp•• • • • .. • • .. • • • • • • • 86-66. .. Additional regulations ................................. 8656 at seq. Advertising Signe. Sea within this title that subject Airport wnln6....................................... 4.71 at seq. Airports and airnrelt. See that title Airports, heliports and hellstops Additional regulations, use and requirements............ 3656 Alteration, structural Noncon[ormitio .................................... 86.76 Supp. No. 36 3078.3 i RESOLUTION NO. 89-3 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CORALVILLE-IOWA CITY ANIMAL SHELTER BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the above-named project is to be held on the 24th day of January, 1989, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract and estimate of cost for the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Ambrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BALMER X COURTNEY X HOROWITZ X LARSON X McDONALD Passed and approved this 10th day of January, 1989. pa' irAYOR j ATTEST:��> 7y, LJAdJ j CITY -CLERK � AP kRVEtO...FORM Legal Department �9. 0 jv RESOLUTION NO. 89-4 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR CAPITOL VIEW APARTMENTS. WHEREAS, the developer, Furman & Company Builders, has filed with the City Clerk of Iowa City, Iowa, an application for approval of a preliminary and final Large Scale Residential Development Plan for Capitol View Apart- ments; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary and final Large Scale Residential Development Plan and have recommended approval of same; and WHEREAS, the Large Scale Residential Development Plan for Capitol View Apartments includes a proposal to place the electrical transformer for said building in the Capitol Street right-of-way adjacent to the Northwest i corner of said parcel; and G WHEREAS, the preliminary and final Large Scale Residential Development Plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved, subject to the requirement that the fee owner of the property execute an Agreement For Use of Public Property acceptable in form to the Legal Department, providing for the installation and maintenance of a low profile transformer (1) of a design, (2) at a location, and (3) with vegetative screening acceptable to the City; and i WHEREAS, the preliminary and final Large Scale Residential Development t Plan for Capitol View Apartments is found to conform with all the per- tinent requirements of the ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: i � 1. That the preliminary and final Large Scale Residential Development Plan of Capitol View Apartments is hereby approved. 2. That upon submission of an Agreement For Use of Public Property executed by the fee owner of the property in form acceptable to the Legal Department, the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify the approval of this resolution and of the preliminary and final Large Scale Residential Development Plan for Capitol View Apartments after passage and approval by law. 33 Resolution No. 89-4 Page 2 It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Larson X McDonald Passed and approved this 10th day of January , 1989. �t & V"� OR r v s o Form g ATTEST: ZIT CLERK Legal Department �y STAFF REPORT To: Planning & Zoning Commission Prepared by: Monica Moen Item: 5-8833. 630 S. Capitol Date: December 15, 1988 GENERAL INFORMATION: Applicant: Furman & Company Builders 615 Highway 1 West Iowa City, Iowa 52240 Contact: Mike Furman Phone: 338-9089 Requested action: Approval of a preliminary and final Large Scale Residential Development Plan. Purpose: To permit construction of a 56 unit high rise multi -family residential dwelling. Location: 630 South Capitol Street; t immediately north of the Iowa Interstate Railway right-of-way. Site size: 18,084 square feet (0.42 acre) j I' Existing land use and zoning: Multi -Family Residential dwelling; RM -145 , Surrounding land use and zoning: North - Single -Family and Multi - Family Residential dwellings; RM -145. East - Alley and Multi -Family Residential dwellings; RM -145. i South Iowa Interstate Railway V i'. right-of-way; RM -145. ! }; West - Residential and Commercial; CI -1. s Comprehensive Plan: Mixed Use Residential and Commercial. Applicable regulations: Zoning Ordinance, Large Scale t Residential Development Regulations. a File date: November 23, 1988. 45 -day limitation period: January 9, 1989. i .39 -z - SPECIAL INFORMATION: Public utilities: Water, sanitary sewer and storm sewer services are available. Public services: Municipal police and fire protec- tion and transit services are available. Solid waste disposal is to be provided by a private hauler. Transportation: Access is provided from South Capitol Street. Physical characteristics: The site gently increases in slope from west to east. BACKGROUND: The applicant proposes to remove three residential dwellings located on the east side of South Capitol Street, immediately north of the Iowa Interstate Railway tracks, and to replace the dwellings with a twin -tower, five -level multi -family residential complex containing 56 dwelling units. Off-street parking for this use is proposed at ground level and an outdoor swimming pool is shown in the courtyard between the two sections of the building. Large Scale Residential Development (LSRD) plan approval is required to construct a residential building containing 30 or more living units. The applicant, therefore, seeks LSRD plan approval for this development. ANALYSIS: Land Use and Zoning: The subject property is located in the RM -145, High Rise Multi -Family Residential Zone which permits very high density residential development. The RM -145 zone is generally located in close proximity to the University and the Central Business District for the convenience of residents living in these multi -family developments and for the support this high concentration of people can provide to the retail and service uses in the downtown area. The plan conforms with the requirements of the RM -145 zone. LSRD Compliance: The proposed plan is in general compliance with the Large Scale Residential Development regulations. City Council approval, however, must be obtained prior to placing the proposed electrical transformer that serves the building in the public right-of-way. If Council approval is npt granted, the LSRD plan must be revised to show placement of the electrical transformer on the project site. '3,5 -3 - Economic Impact: The existing three lots and structures affected by this proposal have a collective assessed value of $190,480 and generate approximately $1,950 annually in tax revenue for the City. Excluding land costs, the proposed residential complex will be constructed at a cost of about $1,680,000. The City's portion of the tax levy presently imposed upon Iowa City property is $11.69523/51,000 of assessed valuation. Assuming the proposed development has an assessed value of at least $1,680,000, this property will yield a minimum of $19,648 annually in tax revenue for Iowa City, a ten -fold increase in the revenue currently generated by the property. While no direct construction costs to the City are anticipated with this development, indirect costs associated with providing police and fire protection and public library and recreation services available to residents of this development are expected. This project will not, however, adversely impact the City's ability to provide these services. Recreational needs of residents of this multi -family residential development are, to some extent, served by the swimming pool proposed within the facility. STAFF RECOMMENDATION: Staff recommends that the preliminary and final Large Scale Residential Development plan for Capitol View Apartments located at 630 South Capitol Street be approved subject to Council approval of placement of the proposed electrical transformer serving the building in the Capitol Street right-of-way. ATTACHMENT: 1. Location Map. ACCOMPANIMENT: 1. Capitol View Apartments relimin a d al LSRD P an. Approved by: - onald chmeiser, Director Department of Planning & Program Development F 33 RESOLUTION N0. 89-5 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTPUBLICS AND THE PROPERTY BYTANDLERK TO BETWEENTHECSI YN OFGR OWANT FOR USE CITY, AND WF BOYD CROSBY AND TERRY P. HUFF, FOR THE PLACEMENT OF AN ELECTRI- CAL TRANSFORMER ON THE SOUTH CAPITOL STREET RIGHT-OF-WAY. WHEREAS, W. Boyd Crosby is the fee owner and Terry P. Huff is the purchaser of certain real estate located at 624-632 South Capitol Street, Iowa City, Iowa, and legally described as follows: Lot 5 and the South Half of Lot 6 of Block 12, County Seat Addition to Iowa City, said Lots being more particularly described as follows: Beginning at the Southwesterly Corner of said Lot 5; Thence N 00 degrees 00'00" E, 119.84 feet along the Easterly Right of Way line of Capitol Street; Thence S 89 degrees 49'16" E, 150.89 feet to a point on the Easterly line of said Lot 6; Thence S 00 degrees 03'14" E, 119.78 feet to the Southeasterly Corner of said Lot 5; Thence N 89 degrees 50'30" W, 151.00 feet along the Southerly Line of said Lot 5 to the Point of Beginning; said Lots contain 18,084 square feet more or less and are subject to easements and restrictions of record. and WHEREAS, Huff is developing a multi -story residential apartment building on the above described property as a Large Scale Residential Development (LSRD); and WHEREAS, Crosby and Huff seek City approval to locate the electrical transformer for said apartment building in front of said building on the Capitol Street right-of-way, as shown on the attached LSRD drawing (Exhibit "A"); and WHEREAS, the City Planning Commission recommended that approval of the LSRD plan be conditioned upon the execution of an Agreement by the owner of the property, providing for a low -profile transformer (1) of a design, (2) at a location, and (3) with vegetative screening, to be approved by the City; and e WHEREAS, the Department of Public Works has approved the location of the transformer as shown on the LSNRD plan, Exhibit A hereto; and 1 WHEREAS, an Agreement for Use of Public Property containing such conditions has been prepared and is attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The Agreement for Use of Public Property attached hereto is approved as to form and content; 2. The Mayor is authorized to execute and the City Clerk to attest the Agreement for Use of Public Property for and on behalf of the City of Iowa City; and 3`i 3. Prior to the City Clerk's certification of approval of the LSRD plan for Capitol View Apartments, Crosby and Huff shall execute and record the Agreement in the Johnson County Recorder's office, and shall return file -stamped copies of the Agreement to the City Clerk and City Building Inspector. It was moved by Courtney and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Larson X McDonald Passed and approved this loth day of January , 1989. AYOR A 55d sgto Form ATTEST: � CIT CLERK Legal Department AGREEMENT FOR USE OF PUBLIC PROPERTY This Agreement is made between M. Boyd Crosby and Terry P. Huff, individual persons, hereinafter collectively referred to as "Crosby and Huff", and the City of Iowa City, Iowa, a municipal corporation, herein- after referred to as "City". WHEREAS, W. Boyd Crosby is the fee owner and Terry P. Huff is the purchaser of certain real estate located at 624-632 South Capitol Street, Iowa City, Iowa, and legally described as follows: Lot 5 and the South Half of Lot 6 of Block 12, County Seat Addition to Iowa City, said Lots being more particularly described as follows: Beginning at the Southwesterly Corner of said Lot 5; Thence N 00 degrees 00'00" E, 119.84 feet along the Easterly Right of Way line of Capitol Street; Thence S 89 degrees 49116" E, 150.89 feet to a point on the Easterly line of said Lot 6; Thence S 00 degrees 03114" E, 119.78 feet to the Southeasterly Corner of said Lot 5; Thence N 89 degrees 50130" W, 151.00 feet along the Southerly Line of said Lot 5 to the Point of Beginning; said Lots contain 18,084 square feet more or less and are subject to easements and restrictions of record. and WHEREAS, Huff is developing a multi -story residential apartment building on the above described property as a Large Scale Residential Development (LSRD); and WHEREAS, Crosby and Huff seek City approval to locate the electrical transformer for said apartment building in front of said building on the Capitol Street right-of-way, as shown on the attached LSRD plan Exhibit "A" hereto; and WHEREAS, the City Planning and Zoning Commission recommended that approval of the LSRD plan be conditioned upon the execution of this Agreement by the owner of the property, providing for a low -profile transformer (1) of a design, (2) at a location, and (3) with vegetative screening, to be approved by the City; and WHEREAS, the Department of Public Works has approved the location of the transformer as shown on the LSRD plan, Exhibit A hereto; and WHEREAS, the City will agree to allow use of the Capitol Street right-of-way for said purpose, subject to the terms and conditions stated herein. NOW, THEREFORE, in consideration of the mutual promises set forth below, it is agreed as follows: 1. Crosby and Huff shall be allowed to install an electrical transformer on City property as shown on the LSRD plan, attached hereto as Exhibit "A", according to applicable standards of the Iowa -Illinois Gas and Electric Company. Crosby and Huff acknowledge and agree that no property right is conferred by this grant of permission, that the City is not empowered to grant a permanent use of its street right-of-way for private 34 commercial purposes, and that the City may order said transformer removed at any time if, for any reason, the City Council determines that the property upon which the transformer is located should be cleared of obstructions. 2. Crosby and Huff agree that, prior to installation of the transformer, they will submit to the City Public Works Department, or will cause Iowa -Illinois Gas and Electric Company (hereinafter 'Iowa -Illinois") to submit to the City, design data for said transformer demonstrating that it is of a low -profile design of not more than 55 inches in height. Crosby and Huff also agree to submit to the City, simul- taneously with the transformer design data, a drawing and data indicating how they intend to screen the transformer. Vegetative screening shall be subject to approval by the City and by Iowa - Illinois. After approval of the transformer design and proposed vegetative screening by the City Forester, the Department of Public Works, and Iowa -Illinois, Crosby and Huff may cause Iowa -Illinois or their contractor to install the transformer. Crosby and Huff further agree to thereafter install the screening material, to thereafter maintain same in a safe and aesthetically acceptable condition, and to perform repair or maintenance thereon as the City may from time to time request. 3. Crosby and Huff agree to maintain the transformer in good repair according to applicable Iowa -Illinois standards, and to remove the transformer from the Capitol Street right-of-way, or to move it to another location within the right-of-way, within thirty (30) days after being ordered to do so by the City. If Crosby and Huff fail to remove the transformer after being ordered to do so, the City may remove it and the cost thereof shall be assessed against the property in the manner provided in Iowa Code (1987) Section 364.12(e). In the event that the said transformer is ever replaced for any reason, Crosby and Huff agree to replace it, or cause it to be replaced, with a low -profile transformer of not more than 55 inches in height, subject to the approval of the City Department of Public Works. 4. Crosby and Huff agree to indemnify, defend and hold the City harmless In connection with any liability whatsoever arising in regard to the installation, maintenance, use or repair of said transformer, including any liability which the City may incur as a result of its decision to allow placement of the transformer on the Capitol Street right-of-way. Crosby and Huff shall be required to carry liability insurance, in minimum amounts of $500,000-51,000,000-5250,000 with contractual liability coverage included as part of such insurance, and shall furnish a copy of the policy, or a certificate of insurance for same, satisfactory to the City before installing the transformer. Crosby and Huff agree to thereafter maintain such insurance in force until the transformer is removed from the City property, and failure to maintain such insurance in force shall automatically terminate the grant of permission contained herein. The parties agree that the City may require reasonable increases in the amount of coverage in order to provide comparable coverage protection in the future. If the required insurance is not maintained, the City shall have the 3`� OO l; 3 right to remove the transformer following five (S) days prior written notice to the owner of the property and the cost of removal shall be assessed against the property in the manner provided in Iowa Code (1987) Section 364.12(e). S. This Agreement shall constitute a covenant running with the land and shall be binding upon and shall inure to the benefit of the respec- tive heirs, successors in interest, and assigns of both parties. Executed at Iowa City, Iowa, upon the dates DATED:F4 /yll BY: DATED: M ._ 1989. BY: DATE:ut�a ATTEST: (tun -YJ 71 • 7ea, l City Clerk STATE OF IOWA SS: JOHNSON COUNTY CITY OF IOWA CITY, IOWA �n BY: i' ,'✓G�—'G A D M FORM LEGAL DEPARTMENT On this / day of F , 19_ P2 , before me, a Notary Public, personally appears W. o Crosby, to me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. otary Public in and for the Stite Individual Acknowledgment STATE OF CALIFORNIA SS. COUNTY OF On � /� 1ST! , before me, the undersigned, a Notary Public In and for said County and Slate, personally personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be theperpon whose name 1,6 subscribed to the within Instrument and acknowledged that �`L.CJ executed the WITNESS my hand and official seal. Notary Public In and for said County and Slate. !ry on fat 3`� Notary sell t} .. OFFICIAL SEAL R =7 CONME JEAN DeGANO _ N ' y C %{• NOTARY PuaLIC CALIFORNIA = PRINCIPAL INFICE IN SMI DIEGO COUNTY W CeI.Iv,um E,P Hammes so. t a q} !ry on fat 3`� f RESOLUTION NO. 89-6 RESOLUTION AUTHORIZING THE FILING OF A PROGRAM DESCRIPTION FOR 1989 RENTAL REHABILITATION GRANT FUNDS IN THE AMOUNT OF $69,000 UNDER SECTION 17 OF THE UNITED STATES HOUSING ACT OF 1937, INCLUDING ALL UNDERSTANDINGS AND CERTIFICATIONS CONTAINED THEREIN, AND DESIGNATING THE CITY MANAGER AS AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. WHEREAS, the City of Iowa City, Iowa, is eligible to receive formula grants for rental rehabilitation under Section 17 of the United States Housing Act of 1937; and WHEREAS, $69,000 in Rental Rehabilitation Grant funds have been allocated to the City of Iowa City for Federal fiscal year 1989; and WHEREAS, a Program Description has been developed so as to fulfill the primary objectives and intent of the Rental Rehabilitation Grant Program; and WHEREAS, the City of Iowa City has provided residents of the community with opportunities to comment on said Program Description. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager of Iowa City be and is hereby authorized and directed to: 1. File with the U.S. Department of Housing and Urban Development a Program Description for use of 1989 Rental Rehabilitation Grant funds under Section 17 of the United States Housing Act of 1937. 2. Provide all necessary information, understandings, and certifications required by the U.S. Department of Housing and Urban Development in connection with said Program Description. 3. Act as chief executive officer in connection with said Program Description and to conduct and administer a rental rehabilitation program in conformance with the requirements of the U.S. Department of Housing and Urban Development. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Larson X McDonald Resolution No. 89-6 Page 2 Passed and approved this 10th day of January 1989. OR Approved as to Form { ATTEST:,J 7[�� _) G✓JI ��Y CITY CLERK Legal Department r City of Iowa City MEMORANDUM Date: January 4, 1989 To: City Council and City Manager From: Marianne Milkman, CDBG Program Coordinator Re: 1989 Rental Rehabilitation Program HUD has allocated $69,000 to the City for the 1989 Rental Rehabilitation Program. This is a decrease from $93,000 last year. As you know, this program is intended to assist landlords in fixing up rental properties while maintaining affordable rents. The program benefits lower income renters in that major systems such as electrical, heating, roofs, insulation, etc. are improved, without a large increase in rent. At the same time the City benefits because the older housing stock is maintained and neighborhoods are improved. Iowa Avenue is one area we have been concentrating on under this program over the past three years, and the improvement in the street's appearance is remarkable. Another area where a lot of rehabilitation has taken place is the near northside neighborhood. The Rental Rehabilitation Program provides landlords with a ten-year depreciating lien for up to 50% of the cost of rehabilitation. The regulations permit maximum allocations of: $5,000 per efficiency unit $6,500 per one -bedroom unit $7,500 per two-bedroom unit $8,500 per three-bedroom and larger units Ten percent of the City's total funds will be used for administrative costs. HUD's main emphasis this year is on the rehabilitation of units with two or more bedrooms. For this reason we hope to extend our designated rental rehab areas to neighborhoods such as St. Clements where there are more rental units with two or more bedrooms. A Public Hearing on this extension will be held shortly. Although the allocation of Section 8 Housing Assistance Vouchers specifically for the Rental Rehabilitation Program has been discontinued, the City is still required to provide preferential assistance to tenants who are physically displaced from rental rehab projects. Other low- income, rental rehab tenants will also receive assistance according to the City's Tenant Assistance Policy for Rental Rehabilitation adopted by the City in February 1988. If you have any questions or would like more information about this program, please call me at 356-5244. i bdw2-2 I ,I !�0 I PROGRAM DESCRIPTION RENTAL REHABILITATION GRANT PROGRAM I I Approved and Submitted by: The City of Iowa City, Iowa i January 1989 I I i I I A- APPLICATION FOR FEDERAL ASSISTANCE 1. IYf[ a w3Ml1lIO1t .baAc.IMaI PnfAoarcalN>n ® ECNIIUCIM DOrDnruclm �/❑ ElanLlnfN1FIO1 ❑ IN.,.C�,fI1Ud1A]I J. OAR SVSYRTLO I A� L)♦Illllr. 1/12!89 I. DATE RECENEO EY STArt Smm.ACP." AOMIInr a.OATEAECETYEOSYFEDEILLLAOENCY IF.OrafldM,ntr A 1' ` i City of Iowa City City RAISIN" IDrv1 cow. County, stall. AIC no CDOEI' Eiafll. Alb IEyafalE nYmaM 01 IN gf0n 10 W catuacIb al X11"I .IMTNQ i 410 E. Washington S IPA, emm:a1.Y1 ION. "A CW.' 11. Is APPLICATION SUILIECT To REVIEYY EY STATE EXECUTIVE ORDER 12372 PROCESS7 Iowa City, Johnson County Co Marianne Milkman 1 IA. 52240 319-356-5244 0. ADar+nt L EMPLOYOI ICENTFICAMN NUMEEN IEINI: 4 2— 6 0 0 4 1 8 10 5 7.TYPEOF AIRAGNT. lantaE P,,N,NTam NII, AT We) C A slam N YIDAPM,D.n1 Seim PAL � � � • b NO ® PPOGRALI IS NOT COVERED BY E,O. 12372 B c4wwf 4• Sista C Lral.d InnauDOn of Nylr LWI.V E .00 C. M.,PCOM J. PH"Is Unn.lvry L TYPE OF APPLICATIOn ' ❑ OR PROGRAM MALS /JOT BEEN SELECTED BY STATE FOR REVIEW 0. Ta.nwo R.' Wtamn Tuba t ® EIA+ ❑ Cantutm. ❑ P LAN, E. MI&MIS • L Mdnbus, II RArsars. MISE ammum MI1Y(f) n tL.mfl: ❑ ❑ F Ml.rmwN:.pM M P10111 OlpamsatAPl G Scssaw DIsHm N. 1/. 13 ME APPLICANT OELINOUENT ON ANY FEDERAL 0011 A 1=0aaa Arad 9. 0aGaa3. A.Ard C. Mcnaa OU'Atesn CUM, ISD.cItw O' CRRpY DulAipll Our 1ruuMY. 3. NAME OF FEDERALAOENR iDept. of Housing a'n'd Urban Development { AUTNOg2ED EY TME OOVERNINO BODY OF THE APPLICANT AND ME APPLICANT PRL CDMPLY WITH ME ATTACMEO ASSURANCES IF INE ASSISTANCE IS AMAROED 14CATALOG 00 N1C ULAEft OOMEITIC 1 Q a 2 3 D Il.DESCRIPMTRLEOFAPPLICY SPRWECT. i T12e Rental Housing Rehabilitation Iowa City 1989 Rental Rehabilitation Program \J IL APELY A/PIf.TEO SY /aOJLCi EaBaa. Camn.3. snug. PICY .. _ . Iowa City A 1' ` i Start 0A14 Endep Ogle a. AODuum i TD PIP,.et 4/1/89 3/31/90 Third Third i 13. ESTIMATED FUNOMU: 11. Is APPLICATION SUILIECT To REVIEYY EY STATE EXECUTIVE ORDER 12372 PROCESS7 a. F.awa1 f 69,000 •DD 1 A YES 7)41S PPEAPTLICITIOFPAPPLICA770N WAS MADE AVAILABLE TO ME STATE EXECUTIVE ORDER 13372 PROCESS FOR REVIEW ON • jj f 0. ADar+nt I •� DATE � � � • b NO ® PPOGRALI IS NOT COVERED BY E,O. 12372 C Smu E .00 d Loch E ,OD ❑ OR PROGRAM MALS /JOT BEEN SELECTED BY STATE FOR REVIEW E 01- Rental Property Ovine 3 69,000 DD s 1 P'0gmrn Inca. 3 ,00 1/. 13 ME APPLICANT OELINOUENT ON ANY FEDERAL 0011 ❑ Yes it -yet.- aNAcn in upnruitn. ® No E TOTAL E 138,000 •DD 18. TO THE FEST OF LAY ENO"LEDOE ANO RELIEF ALL OAtA IN ENIS APPLIC"JON PREAPPLICATW N ARE TRUE AND CORRECT. ME COCUM EMT MAS aEEN OVLY { AUTNOg2ED EY TME OOVERNINO BODY OF THE APPLICANT AND ME APPLICANT PRL CDMPLY WITH ME ATTACMEO ASSURANCES IF INE ASSISTANCE IS AMAROED I'd TYDw Nam. 01 ANIW.,W R1a.HDm Or. Stephen J. Atkins D LII. , City Manager C TA .anon numoVl 319-356-5010 SIQAAMI10 of Auj",W A.a.Mnntm6 . om stv,w I 11-a A 1' ` i II 1989 REI4TAL REHABILITATION PROGRAM CITY OF IOWA CITY, IOWA PROGRA14 ACTIVITIES The City of Iowa City proposes to continue a rental rehabilitation program using $69,000 allocated under Section 17 of the United States Housing Act of 1937. The City's objectives for conducting the rental rehabilitation program include: a. Encouraging rehabilitation of rental properties in neighborhoods that currently offer housing for lower income residents. b. Making the rehabilitation of such properties economically feasible. c. Using Rental Rehabilitation Grant funds to leverage private invest- ment in target neighborhoods. d. Expanding the City's housing rehabilitation program beyond its traditional emphasis on owner -occupied housing. Through this program, the City expects to provide rehabilitation financing for approximately 11 rental units located in small (1-11 unit) properties. Properties with more than 11 units are eligible for the program, but preference will be given to properties with 1-11 units. Assistance will be limited to 50 percent of eligible rehabilitation costs, up to $5,000 per efficiency unit, $6,500 per one bedroom unit, $7,500 per two bedroom unit, and up to $8,500 for units with three or more bedrooms. All units will be required to meet the minimum standards of the Iowa City Housing Code upon completion of rehabilitation. The minimum level of rehabilitation will be $600 per unit and based on actual Housing Code deficiencies determined by the City. The City proposes to use up to 10% of the funds allocated for adminis- trative expenses. Section 8 Housing Vouchers will be used by the City to: a) assist lower income families residing in units to be rehabilitated, b) assist lower income families who must move from the units being rehabilitated, and c) assist lower income families who move into the rehabilitated units. NEIGHBORHOOD SELECTION Target neighborhoods for the rental rehabilitation program have been formally designated by the Iowa City Council (see Exhibit A). The following criteria, verified through census and other available data, were considered in selecting target neighborhoods: a. Median Income - The median income of the target neighborhoods must not exceed 80 percent of the median income for the Iowa City MSA. b. Lower Income Persons - The target neighborhoods must have a majority (51 percent or more) of lower income residents. JIM Rent Affordability - Information obtained for a rental housing survey conducted by the City in 1986 indicates that the older neighborhoods in Iowa City (those targeted for rental rehabilita- tion) contain a variety of rental units that offer rents affordable to lower income families, i.e., comparing actual rents to HUD's Fair Market Rents for the area. In addition to insuring that target neighborhoods offer such affordability, the City has selected neighborhoods that are stable in terms of new construction which tends to increase overall rents in a neighborhood. d. Designation of other neighborhoods - The City is in the process of obtaining income information from additional neighborhoods, in order to increase the number of properties eligible for rental rehabilita- tion. Emphasis in selection of additional neighborhoods is being placed on areas where most units contain two or more bedrooms. III. LOWER INCOME BENEFIT The City proposes to set its lower income benefit at 70 percent in order to minimize the displacement of tenants in projects to be rehabilitated. Because of the distribution of lower income tenants in the targeted neighborhoods, the reduction to 70% benefit is necessary to make the rental rehabilitation program feasible. Project selection criteria presently stipulate that at least 70 percent of the units in a project must be occupied by lower income families, as defined by HUD, upon completion of the rehabilitation. The City will verify the income of all tenants, and Section 8 Housing Vouchers will be made available to those who are eligible to receive them. v. IV. USE OF RENTAL REHABILITATION GRANTS FOR HOUSING FOR FAMILIES Under the terms of the City's rental rehabilitation program guidelines, k the administering staff will be charged with insuring that as many rehabilitated units as possible contain two or more bedrooms. In addition, every effort will be made to allocate 15 percent of the City's Rental Rehabilitation Grants to units of three or more bedrooms. However, the City wishes to request a waiver of the requirements of 24 CFR 511.10(k), which provides that at least 70% of the City's rental rehabilitation grant amount be used to rehabilitate units containing two or more bedrooms. Such a waiver was granted for funding years 1984 through 1987. In fact the City has achieved the following proportions for two or more bedroom units: 1985 63% 1986 71% 1987 41% 1988 40% The City's inability to achieve the 700 level is largely due to the nature of the housing stock available for rehabilitation in Iowa City. Much of the substandard rental housing is located close to the downtown area and the University, and consists of large, older homes which have been converted to efficiency or 1 -bedroom multi -unit rental use. In addition, the City's Section 8 program has a waiting list of 136 for 1 3 bedroom units, which is equivalent to the combined waiting list of 138 for 2, 3 and 4 bedroom units. It is therefore important to concentrate on 1 bedroom as well as larger units. A "housing for families" benefit (i.e. units with two or more bedrooms) of 55% for the 1989 rental rehabilitation program is a realistic goal. With the expansion of the designated rental rehabilitation area we hope to raise the number of two bedroom and larger units rehabilitated. The City's project selection criteria stipulate that a preference will be given to accepting proposals to rehabilitate units containing two or more bedrooms. These criteria and the program's terms and conditions further stipulate that the owner of a project must comply with program requirements and the Iowa City Human Rights Ordinance with regard to non-discrimination against families with children. V. USE OF RENTAL REHABILITATION GRANTS FOR UNITS IN SUBSTANDARD CONDITION The City's project selection criteria stipulate that a priority will be given to rehabilitating projects containing substandard conditions that are occupied by very low-income families, as defined by HUD, before rehabilitation. The condition and occupancy of all units will be verified by the City prior to the acceptance of a project proposal. In the past over 80% of tenants in rental rehabilitation projects have been of very low income. VI. SELECTION OF PROPOSALS The City has conducted an extensive marketing campaign to solicit rental rehabilitation proposals and currently has a backlog of eligible applications. As necessary, the City will continue marketing efforts to include advertisements, public meetings, contact with local realty and rental owner groups, and direct, personal contact with rental property owners. The City also encloses information on the rental rehabilitation programs with mailings scheduling inspections by the Department of Housing and Inspection Services. Similar to the way in which the City's owner -occupied housing rehabilitation program is conducted, proposals will be considered on a "first come, first served" basis as long as funds are available. The standards by which proposals will be selected include the follow- ing: a. Project location - The project must be located in a designated target neighborhood. b. Lower income occupancy - At least 70 percent of units in a project must be occupied by lower income families upon completion of the rehabilitation. 4 c. Housing for families - A preference will be given to accepting proposals to rehabilitate units containing two or more bedrooms so that as high a percentage as possible of the City's grant is used to rehabilitates of two or more units of three ornmore%of bedrooms City's d. Very low-income occupancy - A priority will be given to rehabilitat- ing projects occupied by very low-income families. e. Substandard conditions - The units to be rehabilitated must contain one or more substandard conditions as determined by the Iowa City Housing Code and require at least $600 per unit to remedy the substandard conditions. On the other hand, the City will not fund more than 50 percent of the rehabilitation costs, up to the maximum permitted for units of different size. f. Maintenance and operation - Each proposal must demonstrate that the rental units can be adequately maintained and operated given proposed after -rehabilitation rents. VII. FINANCIAL FEASIBILITY The City will require the submission of a project pro forma as part of each proposal to show that the project can be accomplished within the limits of the rental rehabilitation program. A letter of commitment for the non-federal portion of the rehabilitation costs will be required prior to the approval of an application. VIII. NEIGHBORHOOD PRESERVATION The rental rehabilitation program is consistent with the City's Community Development Plan and Housing Assistance Plan. It will impact a those neighborhoods which the City desires to preserve by upgrading a minimum of eleven rental housing units. Ix. SCHEDULE FOR COM14ITTING RENTAL REHABILITATION GRANT FUNDS Assuming a program starting date of April 1, 1989, the City expects to obligate at least 50% of its rental rehabilitation grant funds for specific projects by November 1, 1989, and 100% of those funds by March 31, 1990. (See Exhibit B.) X. NON-DISCRIMINATION AND EQUAL OPPORTUNITY y The City's rental rehabilitation program will be conducted and admini- stered in a manner consistent with HUD requirements at 24 CFR 511.10(m). The City has developed and adopted an affirmative marketing plan that conforms with the requirements of 24 CFR 511.10(m)(2). The plan will be implemented during all project selection and later phases. The City will require compliance with the conditions of its affirmative marketing plan by means of an agreement with the rental property owner that will be applicable for a period of seven years from the date of completion of the rehabilitation. 5 XI. GRANTEE'S ORGANIZATIONAL STRUCTURE The Rental Rehabilitation Program will be administered by the City's Department of Planning and Program Development. The local program contact is: Marianne Milkman, CDBG Program Coordinator 410 East Washington Street Iowa City, Iowa 52240 Telephone: (319) 356-5244 XII. PHA PARTICIPATION Under the provisions of Iowa law, the City of Iowa City functions as the local housing authority, operating a Section 8 existing housing and a public housing program. Therefore, participation in the rental rehabilitation program is assured. Section 8 Vouchers and Certificates are administered by the City. The PHA contact person is: Lyle G. Seydel, Housing Coordinator 410 East Washington Street Iowa City, Iowa 52240 Telephone: (319) 356-5404 EXHIBIT A T N IOWA CITY RENTAL REHABILITATION TARGET NEIGHBORHOODS Expanded Areas IMPLEMENIA11011 SCHEDULE FOR 1989 RENTAL REIIABILIIATION PROGRAM r,. Activit !r Marketing is c! Project Selection -Applications & screening -Inspections 6 deficiencies write-up u -Owner/tenant eligibility determinations P -Financial feasibility determination Obligate 50% Grant Funds Project l•lonItor ing -Rehab. work progress & payments - -Tenant assistance Obligate 100% Grant Funds Project Completion April -June July -Sept. EXHIBIT 8 Oct. -Dec. Jan. -March L---------------------- - - -----J RENTAL REHABILITATION PROGRAM CERTIFICATIONS The grantee certifies that: y (1) The submission of this Program Oescription is authorized under State • Z and local law (as applicable), and the grantee possesses the legal 00..1 authority to carry out the Rental Rehabilitation Program described X j herein, in accordance with 24 CFR Part 511; in 1 _ (2) The grantee's Rental Rehabilitation Prooram was deveioped after _ i consultation with the public and itsdescription of program Z activities in the "Program Activities' section df this Proaram i Oescription has been made available to the public; i tt cc 4 > (3) = (Check if this paragraph is applicable.) o 6 a ' The grantee's Tower income benefit standard is hereby reduced to 70 E a percent as provided by 24 CFR 511.10(a)(2). The discussion of lower c income benefit in this Proaram Oescription contains a specific !uj, explanation of the reasons why this reduced benefit standard is necessary, which explanation complies with 24 CFn o1 a 1 (4) The grantee has adapted a written tenant assistance policy conforming to the requirements of 24 CFR 511.10(h)(2), and such policy will be made available to the public on request; (5) The grantee will conduct and administer its Rental Rehabilitation Program, and, if applicable, ensure that State recipients conduct and administer their Rental Rehabilitation Programs, in conformity with Ethe requirements of 24 CFR 511.10(m); and 6 (6) The grantee will conduct and administer its Rental Rehabilitation Program, and, if applicable, ensure that State recipients conduct and administer their Rental Rehabilitation Programs, in accordance with i the requirements of 24 CFR Part 511. i RESOLUTION NO: 89-7 RESOLUTION AUTHORIZING THE MAYOR to sign a IOWA DEPARTMENT OF TRANSPORTATION Certificate of Completion and Final Acceptance of Agreement Work for the local road/Scott Blvd/Heinz Road Rise Project. WHEREAS, the improvements for Local Road/Scott Blvd/Heinz Road are in as per agreement No. RMX-3715 (1)--9E-52 for said RISE Project and have been accepted by the appropriate entity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is hereby authorized to sign the Certificate of Completion and Final Acceptance of Agree- ment Work. It was moved by Ambrisco and seconded by Courtney that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BALMER X COURTNEY X HOROWITZ € X LARSON t X McDONALD F ' f PASSED AND APPROVED THIS 10 day of January, 1989. AYOR ! ATTEST: N�!K' CI CLER AP 0 TO FORM ZFy Legal Department /Af a��im Mdq) a xn Iowa Departmentof Transportation `+ CERTIFICATE of COMPLETION and FINAL ACCEPTANCE of AGREEMENT WORK COMPANY: City of Iowa City COUNTY/CITY: Johnson ADDRESS: 410 E Washington Street PROJECENO: RMX-3715(1)--9E-52 KIND OF WORK: Pavement Improvements Local Road/Scott Blvd. /Heinz Road Project AGREEM ENT DATE 6/18/87 FIELD COMPLETION DATE 10/31/88 This is to certify that the work covered by the above referenced agreement has been completed in accordance with said agreement and is hereby accepted, subject to sinal audit m1sts. SIGNATURE: cQ,� (� iiL �.•aavL DATE: �— . 19 6q Project Engineer ptaWCPdfa`41fd9bGXRit)c9eaWaelSNatpCFd4b[pllCnyl2M1maMRR •SIGNATURE:DATE: . 19 District (Construction) (Maintenance) (Local Systems) Engineer Approved and work accepted by the BJ4sYrK8p6fajfYr +d3'd9City Councilor Tnw' City this loth day of January 19 89 11 !,m n ^ SIGNATURE: Mayor Acknowledge completion of project in accordance with referenced agreement by the Iowa Department of Transportation this 23rdday of January 19 89 y/�� SIGNATURE: ach�. C. l��i Iowa Department of Transportation Ass't Distr. Engineer 0 DO NOT WRITE IN THIS BOX. CENTRAL OFFICE USE ONLY (Check or Initial Appropriate Box) j *On Local RISE Projects District docs NOT certify but acknowledges com• ❑ Copy to F.H.W.A. ❑ Copy to Company s fiction of project. Y ❑ Office of Audits ❑ Original to Files ( ❑ Copies to District ' All Copies to Central office. I RESOLUTION N0. 89-8 RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE FOR PARCEL BSI.08, ALL IN CONNECTION WITH THE BENTON STREET INTERCEPTOR PROJECT. WHEREAS, pursuant to Resolution No. 88-224, adopted November 1, 1988, this City Council did authorize the acquisition of certain easements and property interests in conjunction with the Benton Street Interceptor Project; and WHEREAS, an error was made in the calculation of the permanent sewer easement area which the City is acquiring over one parcel in said project, Parcel BSI.08, 701 Giblin Drive, the correction of which resulted in an appraised value of $1,000.00 for the temporary and permanent easements to be acquired thereon. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager is hereby authorized to amend the City's offer for the acquisition of said easements over Parcel i! No. BSI.08. AND BE IT FURTHER RESOLVED that in the event said easements cannot be acquired at the appraised value indicated above, the City Attorney be and he is hereby authorized and directed to initiate condemnation proceedings for the acquisition of said easements. It was moved by Horowitz and seconded by Ambrisco the SResolution be adopted, and upon roll call there were: i AYES: NAYS: ABSENT: R Ambrisco X Balmer X Courtney X Horowitz X Larson X McDonald Passed and approved this 10th day of _ January 1989. L /, 'y", �� YOR Ap 71� s t Form ATTEST:j) CITY—CLERK Legal Department RESOLUTION N0. 89-9 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT APPLICATION FOR RECAPTURED FY88 FUNDS. WHEREAS, the City of Iowa City has been designated a Certified Local Government in support for and in recognition of its efforts to preserve the heritage of Iowa City; and WHEREAS, the State Historical Society of Iowa, through the Bureau of Historic Preservation, administers the allocation of federal funds to local governments in support of local preservation projects; and WHEREAS, a limited amount of FY88 grant funds has been recaptured from previously awarded grants and is available for redistribution; and WHEREAS, the Iowa City Historic Preservation Commission, in cooperation with the Iowa City & Coralville Convention and Visitors Bureau, propose to increase public awareness and appreciation of Iowa City's historic resources through a "Guide to Historic Iowa City" pamphlet; and WHEREAS, the City is committed in its efforts to foster civic pride in its architectural and historical legacy. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council of the City of Iowa City authorizes the Mayor to sign the application for a Certified Local Government grant consisting of approximately $1,700 fn federal funds and $2,100 in local applicant match to prepare a "Guide to Historic Iowa City" pamphlet. It was moved byFlomwitz and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Y' X Ambrisco X Balmer X Courtney X Horowitz X Larson F X McDonald t. Passed and approved this loth day of January 1989. ?DR ?i Apr e o Form ATTEST: 71171,.i,� X. 4LA) 13��% CITY -CLERK Legal Department SO 6 Date Received CERTIFIED LOCAL GOVERNMENT APPLICATION FOR HISTORIC PRESERVATION GRANT-IN-AID FY88 RECAPTURED GRANT FUNDS Section I - Applicant Information Name of CLG City of Iowa City, Iowa Contact Person Barry Beagle Telephone (319) 356-5240 Project Director Barry Beagle Title Same Address Same Telephone Same Name of person LEGALLY AUTHORIZED to obligate the applicant CfrJ ��l/ John McDonald, Mayor 2S ature Typed Name and Title elephone (319) 356-5000 1 Section II - Project Information A. Type of Project (circle one) 1. Planning V Public Education - B. Is the proposed project part of a multi-year effort? Yes No If so, briefly describe'the other project segments. Each year's project must be able to stand alone. Funding of one segment does not: guarantee funding of future phases. Section III - Narrative Project Description (attach extra sheets as necessary) A, Background and Objectives preservation needs. See attached sheet. Describe how this project will serve your local B. Scope of Work. Provide a detailed description of what you are going to do and how you are going to do it, step by step. Be sure your scope of work description includes the required items for the type of proposed project, as outlined in Part III of Instructions, pages 2-3. Initial work will concentrate on compiling basic information on the historic sites selected utilizing existing inventories and surveys or through archive research. This initial step will include selecting a good quality, easy to read base map of the City to identify the historic sites. Original town plat maps will be reproduced for use as insets for the four (4) walking tours. Much of this work will be performed by Barry Beagle, Associate Planner with the Iowa City Planning Department, who serves as staff resource for the Historic Preservation Commission. An integral part of this process will be the work of two Historic Preservation Commission members who will assist in the selection of sites included in the pamphlet and in the preparation of brief descriptions of each site based upon the research performed by Mr. Beagle. The City's graphic artist will prepare all artwork and illustrations appearing in the pamphlet, as well as, do all design and layout work to prepare the publication for submission to the printer. Fully assembled, the map will be submitted to a professional printer for off- set printing and folding. Project proposal includes an initial printing of 5,000 copies. Through public service announcements, the public will be informed of the purpose and availability of the pamphlet. Distribution of the pamphlet will be p the public library, civic organizations, Chamber of Commerce, Convention & Visitors Bureau, etc. FY88 RECAPTURED CERTIFIED LOCAL GOVERNMENT GRANT FUND PROPOSAL: IOWA CITY, IOWA A. Background and Objectives. Central to Iowa City's preservation planning efforts is promoting an increased awareness and appreciation of the City's historic, architectural and cultural heritage. Iowa City, through the efforts of the Iowa City Historic Preservation Commission, is committed to an active heritage education campaign designed to enrich peoples lives through an understanding and appreciation of the historic resources which are significant to the character and identity of Iowa City. It is an objective of the Commission to foster civic pride in the legacy of beauty and achievements of the past and to encourage persons and or- ganizations to become involved through preservation activities. Consistant with this objective, the Iowa City Historic Preservation Commission, in cooperation with the Iowa City and Coralville Convention & Visitors Bureau, propose to increase public awareness and appreciation of Iowa City's historic resources through a "Guide to Historic Iowa City" pamphlet. Designed to enhance residents' and visitors' discovery and appreciation of these historic resources, this attractive and easy to use guide will identify and briefly describe historic sites of interest throughout Iowa City on an easy to read map. In addition, the pamphlet will lead the user on walking tours of four (4) historically prominant areas that continue to play a significant role in defining the character of the city. Through mass distribution, it is hoped this publication will also enhance tourism in Iowa City. C. Project Completion Schedule end by June 30, 1989. See attached sheet. Project a monthly progress schedule. Projects must D. Proposed pork Products. Itemize any publications, workshops, audio-visual materials or reports that will be completed as part of the proposed project. Refer to the required products as outlined in Part III, pages 2-3. See attached sheet. E. Personnel. Specify qualifications for key personnel involved in the project and certify that the professional qualification standards will be met (standards must be met regardless of whether principal investigator is paid or volunteer, if cash, donated or in-kind services). These standards are enclosed with this packet. REMINDER: No sub -contractors (consultants) may be contacted or negotiated with until after notification of grant award. All sub -contract bids must be obtained through procedures as required by National Park Service. The Grants Manager must receive a copy of any contract entered into between a CLC and a sub -contractor. Project Director: Barry Beagle, Associate Planner with the Iowa City Planning Department and staff assistant to the Historic Preservation Commission, will serve as project director. With the assistance of two Historic Preservation Com- mission members, the project director will be responsible for compiling information on each historic site using existing inventories and surveys or through archival re- search. Once compiled, brief descriptions of each site will be prepared. Graphic Artist: Pat Westercamp, graphic artist for the City of Iowa City, will be retained to do all artwork, design and layout work. She will prepare a print ready paste-up for submission to the printer. 4 FY88 RECAPTURED CERTIFIED LOCAL GOVERNMENT GRANT FUND PROPOSAL: IOWA CITY, IOWA C. Project Completion Schedule. February 1989 - Selection of historic sites and compile information on each site selected. March 1989 - Complete research and begin preparation of site descriptions. Begin layout and design of pamphlet and preparation of the city-wide and walking tour maps. April 1989 - Continue with site descriptions. Begin artwork and illustrations. May 1989 - Complete site descriptions and text of pamphlet. Continue with artwork, design and layout of map. June 1989 - Complete artwork, design and layout of map. Final edit of site descriptions and text. Submission to printer. Publish public service announcement. { June 30, 1989 - Distribution. D. Proposed Work Products. The pamphlet is a means of making information, contained in existing inventories, surveys and through archive research, about the historic resources of the City available to the public. The final product will be a handy, easy to use, fold out map that will identify and describe significant historic resources throughout Iowa City. The pamphlet will be comprised of a city-wide map identifying t historic sites of interest throughout Iowa City. Using a color coded format, specific walking tours will be included on the reverse side of the pamphlet. The walking tours will lead the user through Iowa City's two (2) National Register historic districts (Woodlawn and Summit Street), the downtown, and the proposed North Side Residential Historic District. To add historic flavor to the pamphlet itself, original town plat maps will be reproduced for use in the walking tours. An alpha- numeric system will be used to easily locate historic sites on the maps and provide brief descriptions of the sites. The descriptions will in- form the user of a structures date of construction, architectural style and prominant architectural features, former occupants and/or uses of the structure, and whether the structure is listed on the National Register of Historic Places. Historic sites will be listed and described in a systematic manner for the convenience of the user. Through a brief nar- rative, the pamphlet will also introduce the user to the early settlement and growth of Iowa City. The fold -out pamphlet will be approximately 16 inches by 20 inches in dimension. The proposal includes an initial printing of 5,000 copies. F. Budget Applicant's Match Project Expenditure Description Federal Applicant Cash In -Kind Donated a. Volunteers.(2) 50 hrs.total @ $3.35/hr. $167.50 X b. In -Kind Costs. 1) Salaries: Barry Beagle - 50 hrs.@ $13.74/hr. $687.00 2) Benefits - $137.40 c. Contractual Services. 1) Graphic Artist - 40 hrs.@ $13.00/hr. $520.00 2) Camera Prep. - $100.00 3) Typesetting $100.00 4) Printing - $1,023.50 $1,023.50 X d. Suoolies. $100.00 X X X Totals* (a)$1743. b) $2115.40 = $3858.90 CERTIFICATION STATEMENT: I certify that the matching share proposed for this project doe not include funding from other Federal shources except as allowed by regulation and t at these fund not beiU used as match against any ocher Federal grant, *Column (a) must not exceed column (b). E REsmurIm 5-12-88-1 1988 BE IT RESOLVED by the Board of Supervisors of JOHNSON , County, Iowa that GLEN D. MEISNER , the County Engineer of JMISW County, Iowa, be and is hereby designated, authorized, and eapowered on behalf of the Board of Supervisors of said County to execute the certification of conQletion of work and final acceptance thereof in accordance with plans and specifications therefor in connection with all Farm to Market construction projects in this county. Dated at IOWA CITY , Iowa this 1206ay of MAY , 1988. Board of Supervisors Johnson County ,Iowa County Auditor SEAL FILED Johnson Co. Iowa MAY 1 1988 a.._ Y AUDITOR Mies 3 copies District 1 copy Auditor 1 copy/ Pile 1 copy ✓ ,e35 IOWA DEPARTMENT OF TRANSPORTATIOA Highway Division CERTIFICATE OFCOMPLETIONOCOMPLETION AND FINAL ACCEPTANCE OF WORK OrF act Completion if specified _ This is to certify that the work covered by the contract of atr -- �••^^'� '�� o the above project, let r , 19•x_, and dated TrIw' 4 , 19.. RR 0rAAv >_ consistin` of C Ph S ARY ROAD FROM NEAR 711E SOIy1H 1' CORNER OF SECTII7N 5, TcvwHIP 79 and located NORTH, RANGE 5 WEW, Y To TRE EASTERLY CITY LIMITS OF IOWA CITY - was completed on the 8TH day of SEPTEMBER , 19 88 Contract amout $839,032.86 -- ACCEPTANCE OF WORK IS RECOMMENDED • store )lLewty)En mag, Dur APPROVED AND WORK ACCEPTED ON BEHALF OF THE BOARD OF SUPERVISORS OP JOHNSON County this 8TH day of SFD'"""BER . 19 AB •Signature 41, m" FOR MAINTENANCE USE ONLY 1105.05 OF 4 THE WORK AND TEST REPORTS HAVE BEEN REVIEWED. A PRICE ADJUSTMENT AS PROVDIED IN ARTICLE CKPTANCL 18 THE STANDARD SPECIFICATIONS. HAS BEEN MADE DJ THE AMOUNT OF RECOMMENDED -signature SlSnative Obolwt YanelaL ryanr Dale I Dbutet Ytlnunnne• enpnaar Uuw I APPROVED AND WORK ACCEPTED BY THE IOWA DEPARTMENT OF TRANSPORTATION THIS day 14 10 SEP � , 19__ Raa'r (D wnet Lor •-•• THE PROJMUW FINAL PAYMENT WILL BE MADE IN ACCORDANCE WITH ARTICLE 110109 FOL LOWD7G A REVIEW OF REPORTS AND SUBJECT TO THE PROVISIONS OF ARTICLE 1105.05. DO NOT WRITE DI THIS BOX. CENTRAL OFFICE USE ONLY, (ch..a Of wnw NnTE: On all farm to market projects, Copy to F.H.W.A. L_JI Copies to District C duof the County EeSlmeer in �^ C required o on those s1Ssa�me lines Aecl. J Copy to Barely by all asterisRecordedk O Recorded ComeL/Malm. Original to Files S.7677%.. of :Gr (xir. •u ra0wua on al: M1anal M4 Prol•vuF^� lel topto oa ell Noe•F•Cml Atl rlwpeu. �f ALL CDFIEt TO CENTEAL OFFICE. T1.1I COUNTY:rmscscrN r'VTRACTOR: Aerrun DAV"ERgp _ TA 5�7dd PROJECT NO.: RFlt-3715(2)-54—`+2 ADDRESS: v n —" :9A f TTY r CONTRACT NO.: 7FI9589 SURETY: �ITFn FTRF g (` r,eatairry fIfIDANY - • • n n DtrMIT 1CWA ' KIND OF WORK:. •r" n ADDRESS: riTeR RARIM, -- act Completion if specified _ This is to certify that the work covered by the contract of atr -- �••^^'� '�� o the above project, let r , 19•x_, and dated TrIw' 4 , 19.. RR 0rAAv >_ consistin` of C Ph S ARY ROAD FROM NEAR 711E SOIy1H 1' CORNER OF SECTII7N 5, TcvwHIP 79 and located NORTH, RANGE 5 WEW, Y To TRE EASTERLY CITY LIMITS OF IOWA CITY - was completed on the 8TH day of SEPTEMBER , 19 88 Contract amout $839,032.86 -- ACCEPTANCE OF WORK IS RECOMMENDED • store )lLewty)En mag, Dur APPROVED AND WORK ACCEPTED ON BEHALF OF THE BOARD OF SUPERVISORS OP JOHNSON County this 8TH day of SFD'"""BER . 19 AB •Signature 41, m" FOR MAINTENANCE USE ONLY 1105.05 OF 4 THE WORK AND TEST REPORTS HAVE BEEN REVIEWED. A PRICE ADJUSTMENT AS PROVDIED IN ARTICLE CKPTANCL 18 THE STANDARD SPECIFICATIONS. HAS BEEN MADE DJ THE AMOUNT OF RECOMMENDED -signature SlSnative Obolwt YanelaL ryanr Dale I Dbutet Ytlnunnne• enpnaar Uuw I APPROVED AND WORK ACCEPTED BY THE IOWA DEPARTMENT OF TRANSPORTATION THIS day 14 10 SEP � , 19__ Raa'r (D wnet Lor •-•• THE PROJMUW FINAL PAYMENT WILL BE MADE IN ACCORDANCE WITH ARTICLE 110109 FOL LOWD7G A REVIEW OF REPORTS AND SUBJECT TO THE PROVISIONS OF ARTICLE 1105.05. DO NOT WRITE DI THIS BOX. CENTRAL OFFICE USE ONLY, (ch..a Of wnw NnTE: On all farm to market projects, Copy to F.H.W.A. L_JI Copies to District C duof the County EeSlmeer in �^ C required o on those s1Ssa�me lines Aecl. J Copy to Barely by all asterisRecordedk O Recorded ComeL/Malm. Original to Files S.7677%.. of :Gr (xir. •u ra0wua on al: M1anal M4 Prol•vuF^� lel topto oa ell Noe•F•Cml Atl rlwpeu. �f ALL CDFIEt TO CENTEAL OFFICE. RESOLUTION NO. 89-10 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO CERTIFY AN AGREEMENT WITH THE CITY OF SOLON, IOWA. WHEREAS, Chapter 403A of the Code of Iowa confers upon every municipality certain powers in the field of low rent or subsidized housing; and WHEREAS, the City Council of the City of Iowa City, pursuant to Chapter 403A.5 of the Code of Iowa, has created the Iowa City Housing Authority to exercise the powers outlined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more municipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects; and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercised by a public agency of this state may be exercised and enjoyed with any other public agency in this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the Code of Iowa, the City of Iowa City and the City of Solon wish to enter into an Agreement that will permit the Iowa City Housing Authority to make housing assis- tance payments on behalf of eligible families to owners of property located within the City limits of Solon, a copy of which is attached to this Resolution as Exhibit "A" and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor be authorized to execute and the City Clerk certify a copy of said Agreement. It was moved by Balmer and seconded by Horowitz the g Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Larson X McDonald i Passed and approved this 10th day of January 1989. OR Approved as to Form ATTEST: /JJS %-%t CLE K Legal Department .5 AGREEMENT THIS AGREEMENT, entered into by and between the City of Iowa City, Iowa, hereinafter called Iowa City and the City of Solon, hereinafter called Solon. WHEREAS, Chapter 403A of the Code of Iowa confers upon every municipality certain powers in the field of low rent or subsidized housing; and WHEREAS, Iowa City, pursuant to Chapter 403A.5 of the Code of Iowa, has created the Iowa City Housing Authority to exercise the powers outlined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more municipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects; and WHEREAS, Chapter 2BE of the Code of Iowa provides that any power exercised by a public agency of the state may be exercised and enjoyed jointly with any other public agency of this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the Code of Iowa, Iowa City and Solon wish to enter into an Agreement that will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located within the City limits of Solon. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN Iowa City and Solon as follows: 1. TERM: That the term of this Agreement shall commence with the date of this Agreement and shall continue unless.terminated as provided herein. 2. TERMINATION: That this Agreement may be terminated by either party giving notice to the other in writing as prescribed in this Agreement 180 days in advance of the date of the proposed termination. Upon receiving notice of termination, the Iowa City Housing Authority will make no new contracts for housing assistance. The termination date for all housing assistance previously contracted for shall coincide with the terms of I the individual rental lease. 3.' OPERATION: The Iowa City Housing, Authority will administer the program in accordance with the Rules and Regulations established by the Department of Housing and Urban Development and the Annual Contributions Contract entered into between Iowa City and the Department of Housing and Urban Development, a copy of which Annual Contributions Contract is attached hereto and made a part of this Agreement. Nothing contained herein shall prevent the adoption of more stringent require- ments by Solon. The Iowa City Housing Authority is hereby granted the power to perform inspections of any dwelling unit in a housing project in order to ensure compliance with the housing quality standards established by the Department of Housing and Urban Development. This inspection may be performed by agents of Solon and a certification issued that the standards have been met. CPA 4. COSTS: All costs incurred as a result of this program will be borne by the program as provided for in the Annual Contributions Contract. 5. NOTICES: All notices required by this Agreement to be made to Iowa City shall be made by mailing, by ordinary mail, a letter to the Iowa City Housing Authority, Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. All notices required by this Agreement to be made to Solon shall be made by mailing by ordinary mail, a letter to the Mayor of Solon, 301 South Iowa Street, P.O. Box 267, Solon, Iowa 52333. All notices shall be effective upon receipt by the addressee. Nothing contained in this paragraph shall prevent additional or other notice being given and giving notice which would exceed the requirements of this paragraph. 6. OBLIGATIONS NOT EXCUSED: This Agreement does not relieve Iowa City or Solon of any obligation or responsibility imposed upon it by law except that to the extent of actual or timely performance thereof by the Iowa City Housing Authority, said performance may be offered in satisfaction of the obligation or responsibility. 7. LIABILITY: Solon agrees to defend, indemnify and hold harmless the Iowa City Housing Authority, the City of Iowa City, Iowa, and the officers, employees, and agents of either, from any and all liability for all demands, claims, suits, actions, or causes of action in any way arising out of the performance of this Agreement, or any actions related thereto which are the responsibility of Solon and involving dwelling units in Solon. B. FILING AND RECORDING: This Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. DATED THIS 10th DAY OF January , 1989. By: 4�i By: aal a ,cw'V` J McDonald, Mayor Ray J. VVdal I , Mayor Pro Tem ATTEST: 2/ aA%I/ ) 7L 4'o ATTEST;&"ent—sch Marin K. Karr, City Clerk er, City Clerk J ,L s,,( iisl RESOLUTION NO. 88-61 RESOLUTION AUTHORIZING EXECUTION OF A REVISED ANNUAL CONTRIBUTIONS CONTRACT WITH THE DEPARTMENT OF HOUSING b URBAN DEVELOPMENT PROJECT MIA05-VO22-007 WHEREAS, the City of Iowa City (herein called the "Local Authority") proposes to enter into a revised contract (herein called the "Annual Contributions Contract") with the United States of America (herein called the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: Section 1. The Annual Contributions Contract in substantially the form of contrac hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in four copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this ResoTion, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Annual Contributions Contract shall have'the respective meanings ascribed thereto in the revised Annual Contributions Contract. Section 3. All resolutions or parts of resolutions heretofore adopted by the oca u hority which authorize the issuance and/or delivery of Advance Notes (sometimes called "Advance Loan Notes") pursuant to the revised Annual Contributions Contract remain in full force and effect. Section 4. This Resolution shall take effect immediately. It was moved by Courtne and seconded by ilorowitz the Resolution be , and adopte upon ro i call there were: AYES: NAYS: ABSENT: X Ambrisco X — Courtney X Dickson X Horowitz X Larson --T— McDonald X Strait SI s Resolution No. 88-61 Page 2 Passed and approved this Sth day of Anril ,1988. �/ � JeAYOR Approved as to form ATTEST: t/JS 3/zOf r �../�L.a,,ri � �..,.) ETTP Z`lLLegal epar men e- oliwi ri IA05--V022-002 IA05-VO22-007 ACC PartI Number: FCC -9033V V US. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXISTING ANNUAL CONTRIBUTIONS CONTRACT—PARTI for HOUSING VOUCHER PROGRAM DEFINITIONS. A. ACC. Annual Contributions Contract B. Fiscal Year. The PHA Fiscal Year as specified in section L2.B of this A CC Part L C. HUD. U.S. Department of Housing and Urban Development D. Maximum Annual Contribution Commitment The amount of contract authority reserved by HUD fcc a project The amount of contract authority reserved for each project in the Housing Voucher Program is stated in Exhibit of this ACC PartI (subject to reduction in accordance with section L3.E and section 23 of this ACC). E. PAA. Public Housing Agency. F. Program. The PHA's Housing Voucher Program. G. Program Receipts Amounts paid by HUD to the PHA under this ACC for the, Housing Voucher Program, and any other amounts received by the PHA in connection with the Program. H. Program Expenditures Amounts which may. be charged against Program Receipts in accordance with the ACC and HUD requirements 1.2 HOUSING VOUCHER PROGRAM. rntthe Of VC A. Pr 5ects. The ed in Exhibit I of Programunder A CeC Part 1, each of wC cOwhhich represents a funding increment for the Program. Page 1 of 5 pages HUD 52520 D (June 1985) S/ S7dX31N311NU3AN) :V capnC0Nd B. PHA Fiscal Year. The Fiscal Year for the Program shall be the 127month period ending JUNE 30 of each calendar year. prr the day anth d month used as e Fiscal Year ending date for other section 8 assistance administered by the PHA under an ACC with HUD.) L3. ANNUAL CONTRIBUTION. A. PaXment• HUD shall pay the PHA annual contributions for the projects in the Program in accordance with HUD regulations and requirements. B. Term. Payments on account of the annual contributions for each project may only be made during a term of five years, and shall not be made after the end of the five year term. The term for each project begins when HUD makes the fiat advance to the PHA on account of the annual contributions far the project After HUD makes the first advance for a project, HUD may enter the fiat and last dates of the ACC term fa the project on Exhibit I of this A C C '— Part L The Exhibit I as revised by HUD shall constitute an amendment of the ACC Part I, and the revised Exhibit supersedes any previous Exhibit I for the Program. C. A mounrpose t and Pu. The annual contribution for the Program for a Fiscal Year shall be the sum of the amounts paid on account of the annual contribution for each of the projects in the Program. The annual contribution for the Program shall be in the amount approved by H U D for the Fiscal Year to cover: 1. The amount of housing mance Payments by the PHA. 2. The amount of PHA costs for Program administration. The amount of the annual contributions by H UD may be reduced, as determined by HUD, by the amount of Program. Receipts (such as interest income) other than annual contributions D. Maximum Annual Contribution Commitment far Project. Except far Payments from the ACC reserve accourrt as provided in section LIF of this ACC, or for payments under section 1.3.G, the annual contribution payment by HUD for a project for a Fiscal Year shall not be more than the Maximum Annual Contribution Commitment for the project. Such Maximum Annual Contribution Comm itment shall be available during the five Fiscal Years begirT&ig with the Fiscal Year when HUD makes the first advance to the PHA on account of the annual contributions for the project E. Reduction of A mount Payable. H U D may reduce the am ufa the annual contribution, payable by HUD for any project Or Program, and may reduce the amount of the contract authority for any pr;+ by giving the PHA written notice of reduction in accordance with section 2.3 ofthis ACC. The not(oe by HUD may include a revision of Exhibit I of this A CC Part I to reflect the Page 2 of 5 Pages HUD 52520 D (June 1985) S/ h d_dX3 1N3lNkga3 "F) LV 03O O�Nd reduction in the amount of contract authority for a Eraject. HUD notice of the revision shall constitute an amendment of Exhibit I, and the revised Exhibit I supersedes any previous ExhLbit I for the Program. F. ACC Reserve Account. An ACC reserve account may be established and maintained by HUD in an amount as determined by HUD. The ACC reserve account maybe used by HUD for payment of any portion of the annual contribution payment approved by HUD. G. _Potability Procedures Preliminary Fee of Receiving PHA. In addition to the maximum annual contribution oom m tment under section LID, and payments from the ACC reserve account under section LIF, HUD may approve additional annual contribution payments to the PHA for the purpose of paying preliminary fees to another PHA acting as Receiving PHA in accordance with HUD requirements under the portability procedures — H. Limit on Total Payments for Project The total of annual contributions payments by HUD for each project (including any payments from the ACC reserve account as provided in section LIF, but not including any payments under section 1.3.G) shall not be mcre than five times the Maximum Annual Contribution Com mitment for the praject. L4. ACC. A. This ACC for the Program consists of this ACC Part I (including ,. Exhibit A and the form ACC Part II prescribed by HUD for the Housing Certificate Program and Housing Voucher Program, designated as form HUD 52520 E, and dated June 1985. These documents constitute the whole ACC fcr the Program. r , a Page 3 of 5 pages HUD 52520 D (June 1985) %-id%3 1N3WHH3A; ly 030f1fµ00�yd : 1 B. This ACC supersedes any previous ACCs for the Program. Matters relating to operation of the Program under a previous ACC shall be governed by this ACC. Signatures PUBLIC HOUSING AGENCY IOWA CITY HOUSING AUIHORITY Name of PHA By 4/19/88 gnature Date signed John McDonald Ma or Iowa Cit IA Print or type name and off cal title of signatory UNITED STATES OF AMERICA .."CRETARY OF H SIN AND URBAN DEVELOPMENT By . . 11z7W Signature Date signed Jerzy L. Bauer, Manager - Des Moines office Print or type name and official title of signatccy Page 4 of 5 pages APPROVED �rTO FORM LEGAL DEPARTMENT HUD 52520 D (June 1985) N'odX3 1N3WNk13AC'h IV 030f100Hd ) k UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT April 18, 1988 Date signed Page 5 of 5 pages HUD 52520 D (June 1985) Jam/ i IA05-VO22-007 IA05-VO22-007 ACC PartI Number: KC -4033V V EXHIBIT I PROJECT CONTRACT FIRST DATE LAST DATE NUMBER AUTHORITY ( OF TERM OF TERM mn-V022-001 $ 42,820 02/03/1986 02/03/1991 IA05-VO22-003 $ 25,314 01/01/1987 12/31/1991 IA05-V022-004 $189,816 05/01/1987 04/30/1992 IA05-VO22-005 $202,927 08/01/1987 07/31/1992 IA05-VO22-006 $ 41,939 08/05/1987 08/04/1992 IA05-V022-002 $126,715 05/01/1988 06/30,/1993 IA05-VO22-007 $243,010 05/01/1988 06/30/1993 UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT April 18, 1988 Date signed Page 5 of 5 pages HUD 52520 D (June 1985) Jam/ i C.c��e( / RESOLUTION NO. 88-178 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO ANNUAL CONTRIBUTIONS CONTRACT KC -9033E (DATED 2-2-87) WHEREAS, the City of Iowa City, Iowa (herein called the "Local Authority") proposes to enter into a revised contract (herein called the "Annual Contributions Contract") with the United States of America (herein called the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE 1T RESOLVED BY THE LOCAL AUTHORITY as follows: Section 1. Amendment No. 1 to Annual Contributions Contract KC -9033E in substantially the form hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Ilayor Pro tem is hereby authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerk is hereby auchorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other t documents evidencing the approval and authorizing the execution thereof as S may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the, context shall indicate another or different meaning or intent, shall be construed, and are intended to have i%eanings as follows: 11) The term "Resolution" shall mean this Resolution. ri2) All other terms used in this Resolution and which are defined in the revised Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Annual Contributions Contract. 7 Section 3. This Resolution shall take effect immediately. It was moved by _lmbrisc.;r and seconded by _ Strait the Resolution be adcoted, and upon roll call there were: VES: NAYS: ABSENT: 1 X _ Ambrisco X — Courtney ( — X _ Dickson _ Horowitz E _ Larson McDonald Strait E AMENDMENT NO.1 TO ANNUAL CONTRIBUTIONS CONTRACT NO. RC -9033E PROJECT NO. IA05-EO22-001/004 IA05-EO22-006/011 This Amendatory Agreement entered into this 23rd day of AUGUST 198 8, by and between the United States of America (herein called the "Government") pursuant to the United States Housing Act of 1937 (42 U.S.C. 3531), and the I(%A CITY HOUSING AUTHORITY (herein called the "Local Authority"); WITNESSETH: WHEREAS, the parties entered into a certain Annual Contributions Contract onFeb_n+rF 2 19117 (which Contract as amended to above date is herein called the "Contract"); and WHEREAS, the parties desire to amend said Contract in the particular, hereinafter set forth; NOW, THEREFORE, the parties do hereby agree that said Contract be and the same is hereby amended as follows: Additional Contract Authority in the amount of $429,143 is hereby added to the cumulative contract authority for projects IAOS-EO22-001 thru TA05-E022-004 inclusive and projects IAOS-EO22-006 through IA05-EO22-011 inclusive as said contract authority appears in Exhibit I to the Contract. All other provisions of the Contract shall remain in force and effect. IN WITNESS WHEREOF, the Local Authority and the Government have c.iu.•ed this Agreement to be executed and the Local Authority has caused Its, s,..] to be hereunto affixed and attested all as of the Date of This CnI'll'."'l fires Above Written. IOVR CrYY HOUSING AUTHORITY By�Ti a Mayor (SEAL) ATTEST: Title: 1. i tv Ll er • UNITED STATES OF AMERICA U. S. DEPARTMENT OF HOUSING b URBAN DEVELOPMENT S/ Des Heffice �I 1 /. i • i RESOLUTION NO. 86-357 RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT KC -9033 WHEREAS, the City of Iowa City, Iowa (herein called the "Local Authority") proposes to enter into a revised contract (herein called the "Annual Contributions Contract") with the United States of America (herein called the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: Section 1. The Annual Contributions Contract KC -9033 in substantially the form ere o a ached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this eso u ion, the same, unless the 'context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Annual Contributions Contract. Section 3. This Resolution shall take effect immediately. it was moved by Dickson and seconded by McDonald the Resolution be adopted, ana upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker Dickson �- Courtney �- McDonald Strait Zuber Passed and approved this ifti day of December 1986. ATTEST: L RKY �� Recohee De al pronx9 By The Legal Depertmonl Tr C'�j 1�4EC ,S/ m v D. •i � G.' IA05-E022-011 ACC Parti Number. KC -9033E E M z M M z U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT -I SECTION 0EEISTING X4 VI n. ANNUAL CONTRIBUTIONS CONTRACT —PART I frz ' i, HOUSING CERTIFICATE PROGRAM LL DEFINITIONS. 4j 00 A. ACC. Annual CM*dbfd= Contract i 0 i B. Fiscal Year. The PEA Final Year a, qmdfipa in vection 1.2C of a th(s ACC Part L U C. HOD. U.S. Department of Housing and Urban Development 0 D. Maidmum Annual Catabutiui Commitment See motion L3D of this, ACC. E. PHA. Public Housing Agency. i t G I F. Program. The PHA's Housing Certificate Program.rn A } G. Program Receipts. Amounts paid by BOD to the PHA under this w ACC 6or the pwgram, and any other amounts received by the PHA y o) in connection with the Program. er Q.• m H. Program Etpendihnes..'Amounts which may be darged against X' w. { Program Receipts in accordance with the ACC and BOD Eu regilremetds. t a� Lu > . O O . C C Lu i U Page 1 of 6 pages HUD 52520 B (June 1985) ppo O L2. HODSHiGCERTIFICATEPROGRAM. m. v. A, The Program under this ACC oorsists of the prajects y. listed of this ACC PartI, each of which represmts a fading ir=emerh fQ the Program. 8. Team of ACC 'M �rWProga"' The term of this ACC for the Program m, EbaIl end —36- 1990 z Qreat last date of ACC berm. If this date is not artered pies m m dgualteredtise of the ACC by the PHA, the date may be altered y „tn,.que„tly by BUD, and curb antfrequent entry of the date by m HDD si shaUaD sd e an ane dmentof the ACC Part L) x n � n• C. PHA�year• ` L The fist fiscal year fa the Programs the effer�ve an July 1 Certer date fW the r= prcoKt ]rated in EshO itI Cf Part I of the A CC. If ttds date is not entered F&W to siguisre of the ACC by the PHA, the date may be � ee HOD, and 03ch gvhsegrant entry by 13 13 D rb'U Consdtte an amendment of the ACC Part the last day of Fiscal Yes fa the Program shall. co the PHA Fiscal Year vbich ads mt iii than 12 moots„ a mere than 23 montls, atis this date. I Thereafter, the fiscal year for the Pro Tam staIl be the 12 math Period a30 of each calendar year. Q',rta the day and math rood as the Fiscal Year ending date fcr Corr section a amistpnce admirnst eyed by the pHA under an ACC with HODJ D. Pumber d Units by number of bedrooms, To the maximum for tiocuing ettea femhle, the P$A sMU arta rtmo eotttacts auastaroe payments floe snits u chr the prin acCOExIanm ogr Ho „1k+ P� with the Inst ` ' '� in this �M devlatlllL as determined by HDD, fuvm this vat distribution is mowed without pits HOD apicoval. dumber of bedrooms Rumber of Ud.ts D 10 1 _ 190 2 "237 3 32 4 4 Page 2 of 6 pages HUD 52520 B (June 1985) 5/ Page 3 of 6 pages BUD 52520 B (June 1985) 4J 1.3. ANNUAL CONTRIBUTION. C A. PaymentHUD shall pay the PBA annual it contributions for the Program in accordance with HUD regulations and requirements. B. Amount and Purpose. The annual contribution for m the Program for a Fiscal Year shall be in the z amount approved by BUD for the Fiscal Year to zi cover: 1. The amount of housing assistance payments X1 by the PBA. n, 2. The amount of PBA costs for Program administration. The amount of the annual contributions by BUD may- be reduced, as determined by HUD, by the amount of Program Receipts (such as interest income) other than annual contributions. , C. Limit on Payments for Program. Except for j pO payments from the ACC reserve account as provided o in section 1.3.F of this ACC, the annual C contribution payment by BUD for the Program for o any Fiscal Year shall not be more than the Maximum Annual Contribution Commitment for the -4 Program in effect.'during the Fiscal Year. o D. Maximum Annual Contribution Commitment for i m A Pr ram. The maximum Annual Contribution �� Commitment•for the Program for each PHA Fiscal .,. _. Year shall be equal to the sum of the contract Z authority amounts reserved by BUD for the z projects in the Program. The amount of contract o authority reserved for each project in the Program is stated in Exhibit I of this ACC Part I 9': (subject to reduction in accordance with section 1.3.E and section 2.3 of this ACC). If the first coCn Fiscal Year for the Program is more than 12 w• m: months, the Maximum Annual Contribution a. Commitment for the Program for the first Fiscal W Year may be adjusted in an amount as determined by BUD by the addition of the pro Fata amount applicable to the period in excesy of 12 months. Page 3 of 6 pages BUD 52520 B (June 1985) I mount as determined by BUD consistent wit s responsibilities under section 8(c)(6) of the U.S. Housing Act of 1937. The ACC reserve account may be used by HUD for payment of any portion of the annual contribution payment approved by HUD. 1.4. ACC. A. This ACC consists of this ACC Part I (including Exhibit I) and the form ACC Part II prescribed by HUD for the Housing Certificate Program and Housing voucher Program, designated as form HUD 52520 E, and dated June 1985. These documents constitute the whole ACC for the Program. Page 4 of 6 pages HUD 52520 U (June 1985) S/ v A O '.o C) •O Z �i i M :9 W i = Z I Cn i Lu M m X UJ z UJ i z e: I O 0 H 0 W U 0 O a: 1 ic Reduction of Amount Payable. BUD may reduce the mountof theannual contributions payable by HUD . for any project or for the Program, and may D; reduce the amount of the contract authority for +• any project, by giving the PHA written notice of G reduction to the PHA in accordance with section `•• 2.3 of this ACC. The notice by HUD may include a m� revision of Exhibit I of this ACC Part I to zl reflect the reduction in the amount of contract authority for a project. HUD notice of the M: revision shall constitute an amendment of Exhibit 4 I and the revised Exhibit I supersedes any x previous Exhibit I for the Program. M P. ACC Reserve Account. An ACC reserve account e 'ball be established and maintained by BUD,, it an mount as determined by BUD consistent wit s responsibilities under section 8(c)(6) of the U.S. Housing Act of 1937. The ACC reserve account may be used by HUD for payment of any portion of the annual contribution payment approved by HUD. 1.4. ACC. A. This ACC consists of this ACC Part I (including Exhibit I) and the form ACC Part II prescribed by HUD for the Housing Certificate Program and Housing voucher Program, designated as form HUD 52520 E, and dated June 1985. These documents constitute the whole ACC for the Program. Page 4 of 6 pages HUD 52520 U (June 1985) S/ v A O '.o C) •O Z �i i M :9 W i = Z I Cn i Lu M m X UJ z UJ i z e: I O 0 H 0 W U 0 O a: 1 D. This ACC supersedes any previous ACCs for the Program. Natters relating to operation of the c Program under a previous ACC shall be governed by D this ACC. i1 c e, Signatures: ml AI PUBLIC HOUSING AGENCY M, m� Z' 1(1.)A CITY IIOUSINO AVIHORM Name of PBA m X' ` Date signed 1 n' Signature i Itiillilm J Nlhritico SLI el.c^lved 6 Approved Print or type name and official title of signatory Sy.Ths Legal Daparfine s 12 t 9G --MHTED STATES OF AMERICA SECRETARY OP HOUSING AND AN DEVELOp!lENT } t IC.CL LS By i atu e signed Date/ ; p ii o • C I.. BLII 1• q c _ n� Print or type name and official title of signatory O D a —1 k O M zl M r Mi -zi i =I :C, v� 1m i 1.rn rn i �1 z' z N w m ` } X I { W N j W i X Z. >' 0 ! 0 � a a 0 w. i Page 5 of 6 pages I{UD 52520 B (June 1985) 0 0 rL PROJECT ■UMBER IA05-EO22-001 IA05-EO22-002 IA05-EO22-003 IM5-E022-004 77.05-13022-006 IA05-13022-007 IMS-EO22-008 lAn5-E022-009 IA05-FO22-010 LA05-EO.22-011 UNITS ACC LIST LAMER KC -78-120 KC -78-11.9 KC -76-126 KC -78-118 YC -78-086 KC -79-146 KC -81-213 KC -83-207 FC -84-166 KC -86-076 C O M ACC Part I Number: KC -9033E E o Di •i � G EXHIBIT I C, CONTRACT PROJECT ACC,z AUTHORITY ($) EFFECTIVE DATE z m z �,q06 X0,2z-0// 193,968 89,244 169,524 168,552 84,180 132,300 92,700 87,300 58,464 1211, 600 $OU�RCE CONTRACT YEAR At' i HCiRY TEhMI ''' BUDGET ' `-'iFta%1 ff M. 07-01-76 1 �8ln �i 2�i (000 �5 IIS 9 07-01-78 07-01-79 06-26-87. 10-18-83 01-31-85 02-01-q l UNITED STATES OF AMERICA SECRETARY OF DOUSING AND URBAN DEVELOPMENT Date signed Page 6 of 6 pages [IUD 52520 8 (June 1985) 51 -i' 01-01-76 M. 07-01-76 07-01-76 1 vl ne 07-01-78 e 07-01-78 07-01-79 06-26-87. 10-18-83 01-31-85 02-01-q l UNITED STATES OF AMERICA SECRETARY OF DOUSING AND URBAN DEVELOPMENT Date signed Page 6 of 6 pages [IUD 52520 8 (June 1985) 51 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXISTING ANNUAL CONTRIBUTIONS CONTRACT -- PART II for HOUSING CERTIFICATE PROGRAM AND HOUSING VOUCHER PROGRAM It 2.1. HUD REQUIREMENTS. _ A. The PHA agrees to comply, and shall require owners to comply, with the requirements of the D.S. Housing Act of 1937 and all applicable HUD regulations and other requirements, including any amendments or changes in the Act or HUD requirements. B. The PHA shall comply with its HUD -approved administrative plan, equal opportunity housing plan and BUD -approved applications for the Programs. C. The PHA shall use the forms required by HUD. D. The PHA sball proceed expeditiously with the Programs under this ACC. 2.2, ANNUAL_ CONTRIBUTION. A. The PEA shall submit to HUD each Fiscal Year an estimate of the annual contribution required for the Programs. The annual contribution estimate, and supporting data for the estimate, shall be submitted at such time and in such form as BUD may require, and are subject to BUD approval and revision. B. The PHA will requisition periodic payments on account of each annual contribution. The requisition shall be In the form prescribed by HUD. Each requisition shall Include certification by the PHA that: Page 1 of 9 pages BUD 52520 E (June 1985) S/ W W z Lu X W H z W i cc z W 0 0 a W w U 0 0 X CL I . Housing assistance payments have been made in accordance with contracts in the form prescribed by HDD and in accordance with HUD requirements; and 2. units have been inspected by the PHA in accordance with HUD requirements. C. If HDD determines that payments by HDD to the PHA for a Fiscal Year exceed the amount of the annual contribution approved by HDD for the Fiscal Year, the excess shall be applied as determined by BUD. Such applications determined by HUD may include, bud are not limited to, application of the excess payment against the amount of the annual contribution for a subsequent Fiscal Year. The PHA shall take any actions required by HDD respecting the excess payment, and shall, upon demand by HDD, promptly remit the excess payment to HDD. 2.3. REDUCTION IN ANNUAL OONTRIBUTIONS PAYABLE HY HUD. A. Upon written notice by HUD to the PHA, HUD may reduce to an amount determined by HDD the amount of the annual contributions payable for any project or for the Program, and may reduce to an amount determined by HDD the contract authority reserved by BUD for any project included in the Program: 1. If HUD determines that the PDA has failed to comply with any obligations under the ACC, or 2. In the case of amounts provided for use in connection with a rental rehabilitation grant under the Rental Rehabilitation Program authorized by section 17 of the U.S. Housing Act of 1937, if HUD deobligates rental rehabilitation grant amounts. If HUD deobligates rental rehabilitation grant amounts, HUD may reduce the annual contributions payable and the contract authority ieserved whether or not the PHA. has failed to comply with any obligations under the ACC. Page 2 of 9 pages HUD 52520 E (June 1965) .S7 N( 2.4 by to the state B. The notice pursuant sectionP22..3.Ahoflthe ACC, in reduction, puua the amount of the annual contributions payable for any project or for the Program, and shall state any reduction in the amount of contract authority reserved by BUD for a project. The notice may specify a revised unit distribution. HUD notice of reduction or revision shall constitute an amendment of the ACC. However, HUD shall not reduce the amount of annual contributions payable by BUD for any project or for the Program, and shall not reduce the amount of contract authority reserved by BUD for a project, below the amount, as determined by HUD, necessary for dwelling units under contracts for housing assistance payments with owners on the date when the PHA receives the BUD notice. USE OF PROGRAM RECEIPTS. A. The PHA shall use Program Receipts to provide decent,. safe and sanitary housing for eligible families in compliance with the U.S. Housing Act of 1937 and all BUD requirements. Program Receipts may only be used to pay Program Expenditures. B. The PHA shall not make any Program Expenditures except in accordance with the annual contribution estimate and supporting data for such estimate as approved by HUD. C. The PSA shall maintain an Operating Reserve account that shall be credited with the amount by which the total of administrative fees earned and interest earned on the Operating Reserve exceed PEA administrative expenses during a .Fiscal Year. In subsequent years, the PSA must use funds in the operating Reserve to pay administrative expenses in excess of Program provisions of section 2.4.A, ding t if thereremainfundsin the Operating Reserve, the PHA may use such funds for other housing purposes consistent with State and local law. However, HUD may prohibit use of funds in the Operating Reserve for other housing purposes if the PEA is not adequately administering its Housing ceror hastfailedetorcoHousing ns comply with anyofits obligations under the ACC. Page 3 of 9 pages HUD 52520 E (June 1985) S/ a! 2.5. BOOKS OF ACCOUNT AND RECORDS; REPORTS. 2.6. A. The PSA shall maintain complete and accurate books of account and records for the Program. The books and records shall be in accordance with HDD requirements, and shall permit a speedy and effective audit. B. The PHA shall furnish HDD such financial, operating, and statistical reports, records, statements, and documents at such times, in such form, and accompanied by such supporting data as required by BUD. C. HUD and the Comptroller General of the United States, or their duly authorized representatives, shall have full and free access to all PHA offices and facilities, and to all the books, documents, papers, and records of the PHA that are pertinent to operation and management of the Program, including the right to audit, and to make excerpts .and transcripts from the books and records. D. The PHA shall be responsible for engaging and paying an independent public accountant for the making of audits as required by HUD. The cost of audits required by HUD may be charged against Program Receipts. DEPOSITARY. A. The PHA shall enter into one or more agreements, which are collectively called the •Depositary Agreement,' with financial institutions which are selected as depositary by the PRA, and whose accounts are insured by an agency of the Federal Government. The Depositary Agreement shall be in the form prescribed by HUD, and the YHA shall furnish to BUD such copies. of the Depositary Agreement as BUD may require. B. All Program Receipts shall be promptly deposited with the Depositary under the Depositary Agreement unless otherwise required or permitted by BUD. The PHA may withdraw Program Receipts subject to the Depositary Agreement only for use in connection with the Program in accordance with HUD regulations or other requirements. No withdrawal shall be made except in accordance with a voucher on file in the office of the PEA stating in proper detail the purpose of the withdrawal. Page 4 of 9 pages BUD 52520 E (June 1985) 51 W (4 z w M X W f - z W i z ccw O c7 a 0 U) U O O M a. N C. As required by HUD, PHA funds in excess of current needs shall be promptly remitted to HUD or shall be Invested in accordance with HUD requirements. Interest on the investment of Program Receipts shall constitute Program Receipts. D. The Depositary Agreement sball provide that the provisions of the Depositary Agreement may not be terminated or changed without written consent by HUD, and that if required under a written notice from HUD to the Depositary, (1) the Depositary shall not permit any withdrawal by the PHA of funds held under the Depositary Agreement unless withdrawals by the PHA are expressly authorized by written notice from HUD tQ the Depositary, and (2) the Depositary shall permit withdrawals of such funds by HUD. E. If approved by HUD, the PHA may deposit under the Depositary Agreement monies received or held by the PHA in connection with any contract between the PHA and HUD. 2.7. DEFAULT HY PHA. A. Upon written notice to the PHA, HUD may take possession of all or any PHA property, rights or Interests in connection with the Program, including funds held under the Depositary Agreement, Program Receipts, and rights or interests under a contract for housing assistance payments with an owner, if HUD determines that: 1. The PHA has failed to ,comply with any obligations under this ACC, or 2. The PHA has 'failed to comply with obligations under a contract for housing assistance payments with an owner, or has failed to take appropriate action, to HUD's satisfaction or as directed by HUD, for enforcement of the PEA's rights under a contract for housing assistance payments (including requiring actions by the owner to cure a default, termination or reduction of housing assistance payments,, termination of the contract for housing assistance payments, or recovery of overpayments), or Page 5 of 9 pages HUD 52520 E (June 1985) 5/ W: z'' W a X W H z W 2 z 0: W O C7 F W W U O O rr Q. M 3. The PHA has made any misrepresentation to HUD of any material fact. HUD shall issue a notice to the PHA giving the PHA a reasonable opportunity to take corrective action before HUD takes possession of PHA property, rights or Interests under this section 2.7.A. B. If HUD has taken possession of PHA property, rights, or interests under section 2.7.A, HUD shall redeliver possession of the property, rights or interests as constituted at the time of the return when HUD is satisfied that all defaults have been cured, and chat the Program will thereafter be administered in accordance with this ACC. C. HUD's exercise or non -exercise of any right or remedy under the ACC shall not constitute a waiver of HUD's right to exercise that or any other right or remedy at any time. D. During the term of this ACC, BUD shall continue to pay annual contributions for the purpose of making housing assistance payments with respect to dwelling units under contracts with owners, entered into by the PBA in the fors prescribed by BUD and in accordance with HUD regulations and other requirements. The housing assistance payments shall be made in accordance with the terms of such contracts. 2.8. FIDELITY B0ND coyERAGE. The PRA shall carry adequate fidelity bond coverage, -as required by BUD, of its officers, agents or employees handling cash or authorized to sign checks or certify vouchers. 2.9. WMISCRIMINATION IN HOUSING. W A. The PBA shall comply with the nondiscrimination requirements of Title VI of the Civil Rights Act of W 0. 1964 prohibiting discrimination based on race, color x or national origin and Executive Order 11063 with w respect to those provisions prohibiting discrimination y based on religion or sex, and with implementing BUD S regulations. z B. The PHA shall comply with Title VIII of the Civil w Rights Act of 1968 which prohibits discrimination in O the sale, rental or financing of housing on the basis a of race, color, religion, ser or national origin and with any implementing regulations. a W Page 6 of 9 pages U HUD 52520 E (June 1965) G O X S/ a C. The PBA shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against handicapped persons who would otherwise qualify to participate in the Program and, where applicable, the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age. D. Unwed parents, families with children born out of wedlock, and recipients of public assistance shall not be excluded from participation in or be denied the benefit of the Program because of such status. 2.10. EQUAL EMPLOYMENT OPPORTUNITY. 2.11. A. The PBA shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, handicap or national origin. The PBA shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, creed, religion, ser, handicap or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. The PHA agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by HUD setting forth the provisions of this 'nondiscrimination clause. The PHA will in all solicitations or advertisements for employees placed by or on behalf of the PHA state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, ser, handicap or national origin. The PHA will incorporate the foregoing requirements of this paragraph in all of its contracts for project work, except contracts for standard commercial supplies or raw materials, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for project work. The PRA shall comply with',Section 3 of the Housing and Urban Development Act of 1968 and BUD regulations. To the greatest extent feasible, employment and training Page 7 of 9 pages BUD 52520 E (June 1985) S/ m� opportunities in connection with planning and carrying out any project assisted under the Program shall be given to lover income persons residing within the snit of local government or the metropolitan area (or nonmetropolitan county), as determined by BUD, in which the project is located, and contracts for work to be performed in connection with any project shall be awarded to business firms which are located in or owned in substantial part by persons residing in the same metropolitan area (or nonmetropolitan county) as the project. 2.12. COOPERATION IN EQUAL OPPORTUNITY COMPLIANCE REVIEWS. 1 The PRA shall cooperate with BUD in conducting compliance reviews and complaint investigations pursuant to applicable civil rights statutes, $;ecutive Orders, 'and related rules and regulations. x,.13. CONFLICT OF INTEREST PROVISIONS. A. Neither the PRA nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement, in connection with the Program in which any of the following classes of persons has an interest, direct or indirect, during tenure or for one year thereafter: 1. Any present or former member or officer of the PHA (except a tenant commissioner). 2. Any employee of the PHA who formulates policy or who influences decisions with respect to the Program. 3. Any public official, member of a governing body, or State or local legislator who exercises functions or responsibilities with respect to the Program. W. B. Any members of the classes described in paragraph A Zi must disclose their interest or prospective interest w to the PHA and BUD. X W C. The requirements of section 2.13.A may be waived by HUD for good cause. No person to whom a waiver is uj granted shall be permitted (in the capacity as member 5 of a class described in section 2.13.A) to exercise f responsibilities or functions with respect to a uj > contract for housing assistance payments executed, or to be executed, on his or her behalf, or with respect p to a contract for housing assistance payments to which this person is a party. 0 W U Page 8 of 9 pages BUD 52520 E (June 1985) o O o: S/ a D. The provisions of section 2.13.A, section 2.13.B and section 2.13.0 shall not be applicable to the Depositary Agreement, or to utility service the rates for which are fired or controlled by a governmental agency. 2.14. INTEREST OF ITER OF OR DELEGATE TO CONGRESS. No member of or delegate to the Congress of the United States of America or resident commissioner shall be admitted to any share or part of this. ACC or to any benefits which may arise from it. 2.15. EXCLUSION OF TBIRD PARTY RIGHTS. Nothing in the ACC shall be construed as creating any right of any third party to enforce any provision of this ACC, or to assert any claim against BUD or the PEA under this ACC. N H o w Page 9 of 9 pages BUD 52520 E (June 1985) j 0 O S� a ' • i • •nN UIW. I I� City of Iowa City MEMORANDUM, December 28, 1988 TO: City Manager City Council FROM: Lyle G. Seydel, Housing CoordinatorG�� " RE: Cooperative Agreement (28E) Solon i At the request of Jim Martinek, City Attorney for Solon, I attended a meeting of the Solon City Council. The Section 8 Existing Housing Program was explained and a 28E Agreement (Cooperative Agreement) was discussed. The attached letter from the City Clerk, City of Solon, dated November 17, 1988 is a request that the City of Iowa City consider entering into a Cooperative Agreement with that community. t The Code of Iowa provides that two or more municipalities may jointly exercise powers. The City of Iowa City currently has Cooperative Agreements with Coralville, University Heights, Riverside, Tiffin, Hills and the Board of Supervisors for the Unincorporated areas of Johnson County. Inclusion of Solon in the area authorized for making Housing Assistance Payments will enhance housing choice for eligible households. The Iowa City Housing Authority is the only Housing Authority in Johnson County capable of performing this service. Performing this service will not cost the City of Iowa City as the Administrative Fee paid `( i through the Section 8 program supports all costs incurred. The attached Cooperative Agreement is proposed. Please note that required inspections will be made by the Housing Authority. The inspection is performed to ensure that the minimum housing quality standards established by HUD are being provided prior to ?; payment of rental payments. The Agreement also includes a hold u harmless clause. The Housing Commission has in the past recommended this action. The staff recommends approval and adoption of the Resolution. LGS/vls S t e s/ I� RECEIVED DEC 0,81-9-88 Mayor Jane Rentschler5 CITY CLERK — CITY TREASURER RECREATION CENTER OF EASTERNIOWA GATEWAY TO LAKE MACOAIDE AND CORALYMLE RESERVOIR HOME OF 1050 FRIENDLY PEOPLE 11 MILES TO CEDAR RAPIDS 10 MILES TO IOWA CITY November 17, 1988 Mayor John McDonald Civic Center 410 East Washington Street Iowa City, IA 52240 CITY OF SOLON P.O. BOX 267 SOLON, IOWA 52333 Dear Mayor McDonald: SUBJECT: 28E Agreement - Assisted Housing COUNCILMEN RAY J. RANDALL JERRY L. McATEE, SR. JAMES M. CROY STEVEN E. LINN bAVE JONES At our request, a member of your staff briefed the City Council of Solon on the Section 8 Existing Housing Program. Following some discussion at Public Meetings the City Council of Solon passed a Resolution authorizing the Mayor to sign and the City Clerk to attest a 28E Agreement which will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property within the city limits of Solon, Iowa. We hereby request that you give consideration of signing this 28E Agreement. A signed copy is attached hereto along with an extract of the minutes of the meeting authorizing this action. Sincerely, �a� � Ray J. Randall Mayor Pro Tem Solon, Iowa D -157 El LAI\P BAXTER 8"CI0:m,\nY Ol^ STAT1•] y\ptt Of 105,1 N r 4 n fdAY Of SPCR PT:\Rl" or� SmA•r1; tim,\•rIS or 101%%, DI•:v \Iol hF: b031.11 January 12, 1989 Marian K. Karr, CMC City Clerk City of Iowa City Civic Center, 410 E. Washington Iowa City, Iowa 52240 515-281-58n4 RE: Low Rent or Subsidized Housing Agreement between the City of Iowa City, Johnson County and the City of Solon. Dear Ms. Karr: We have received the above described agreement(s) which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1987 Code of Iowa. EBAl You may consider the same filed as of January 12, 1989. Cordially, t Elaine Baxter Secretary of State �0L ED JAN 16 1989 MARIAN K. KARR CITY CLERK (1) i RECEIVED DEC 1 G 1988 RESOLUTION NO. (% /D A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO CERTIFY AN AGREEMENT WITH THE CITY OF IOWA CITY, IOWA. WHEREAS, Chapter 403A of the Code of Iowa confers upon every municipality certain powers in the field oT low rent or subsidized housing; and WHEREAS, the City Council of the City of Iowa City, pursuant to Chapter 403A.5 of the Code of Iowa, has created the Iowa City Housing Authority to exercise the powers outlined in Chapter 403A; and r WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more municipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects; and i WHEREAS, Chapter 2BE of the Code of Iowa provides that any power exercised,.. by a public agency of this state may be exercised and enjoyed with any other public agency in this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the Code of Iowa, the City of Iowa City and the City of Solon wish to enter into an Agreement that will permit the Iowa City Housing Authority to make housing assis- tance payments on behalf of eligible families to owners of property located within the City limits of Solon, a copy of which is attached to this Resolution as Exhibit "A" and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOLON, IOWA, THAT the Mayor be authorized to execute and the City Clerk certify a copy of said Agreement. k It was moved by mopes and seconded by Air Ate e. the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Croy Linn _P Jones McAtee 7- Randall f. F Passed and approved this / day of t! ,. e 6 er 1988. cTiit,�i%R1C� MAYOR Approved as to Form V ATTES1 )24t ITY CLERK Legal Department i t SOLON, IOWA SOLON CITY COUNCIL DECEMBER 1, 1988 COUNCIL CHAMBERS THE REGULAR MEETING OF THE SOLON CITY COUNCIL WAS CALLED TO ORDER AT '7x35 P.M. BY MAYOR PRO -TEM RAY J. RANDALL. COUNCIL MEMBERS PRESENTi RANDALL, CROY, MCATEE, JONES. ALSO PRESENT, CI'T'Y SUPT. JEDLICKA, CITY ATTORNEY MARTINE(<, CITY ENGINEER ELGIN, CITY CLERK RENTSCHLER. MOTION 10 APPROVE THE AGENDA BY MCATEE, SECONDED BY JONES. VOTE WAS ALL RYES. UNLESS OTHERWISE NOTED ALL VOTES WERE APPROVED WI1-H AYES. MOTION TO APPROVE THE NOVEMER 17, 1988 MINUTES BY JONES, SECONDED BY MCA'IEE, APPROVED. CROY MADE A MOTION, SECONDED BY MCATEE, TO APPROVE THE LIST OF BILLS, APPROVED. AFTER DISCUSSION, MCR1'EE MADE A MOTION, SECONDED BY CROY, TO HAVE THE CITY CLERK SEND OUT LETTERS REQUESTING FIRM ESTIMATE OF COST' OF DOING AUDIT FOR THE COBG PROJECT, APPROVED. MIKE SINGER, CDB(3 GRANT ADMINBTRATOR, EXPLAINED THE PROCESS OF RECEIVING GRANT MONEY. AFTER DISCUSSION, CROY MADE A MOTION, SECONDED BY MCAT'EE, TO AUTHORIZE THE CIfY CLERIC TO REQUEST FUNDS FOR WEBER BROTHER CONSTRUCTION CO. 5% RETAINER OF $3,135.60, APPROVED. COUNCIL MEMBER JONES INTRODUCED AND MOVED FOR THE ADOPTION OF RESOLUTION NO. 09-10 ENTITLED, "A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO CERTIFY AN A13RL'EMENT WITH THE CITY OF SOLON, IOWA." SECONDED BY MCAT'EE. THE MAYOR PRO -TEM ASKED FOR A ROLL CALL VOTE. VOTE, AYEBi CROY, JONES, MCATEE, j RANDALL. NAYESi NONE. ABSENT'i LINN. THE MAYOR PRO -TEM DECLARED THE RESOLUTION ADOPTED. ! AFTER DISCUSSSION, JONES MADE A MOTION, SECONDED BY CROY, TO TABLE DISCUSSION AND POSSIBLE ACTION CONCERNING SIDEWALKS UNTIL THE DECEMBER 15, 1988 COUNCIL MEETING, APPROVED. LARRY OLSON, DIRECI'UR OF JOHNSON COUNTY SEATS, REPORTED THE BOARD OF SUPPERVISORS WOULD BE WILLING TO PAY FOR PART OF COST OF A SEATS VAN. COUNCIL DIRECTED THE CITY CLERK 1'0 GET A LIST OF STATE BIDS OF NEW VEHICLES. MOTION BY JONES, SECONDED BY CROY, TO APPROVE THE CLASS C LIQUOR LICENSE AND SUNDAY SALES PERMIT FOR CHEESEMAN ENTERPRISES, INC., THE OFFICE, APPROVED. i MOTION BY CROY, SECONDED BY MCA'IEE, TO REFER CROY PLATTO PLANNING R ZONING COMMISSION, APPROVED. MOTION BY CROY, SECONDED BY MCAT'EE, TO TABLE BETTING DATE FOR 1989-90.BUDGET WORKSHOP UNTIL THE DECEMBER 15, 1988 COUNCIL j MEETING, APPROVED. KAREN JACKSON, PART-TIME OFFICE ASSISTANT, NAS RESIGNED TO TAKE A j FULL TIME JOB. COUNCIL DIRECTED THE CITY CLERK 10 ADVERTISE IN THE SOLON ECONOMIST. j�. i MOTION 1'0 ADJOURN AT 8135 P.M. BY CROY, SECONDED BY JUNES, APPROVED. �_��yJ� ATTEST _ f�___ `=�= ----------- E REN CHLER, CITY CLERI< RAY fANUALL, PIFlVOR FRU-'I EM i` RESOLUTION NO. 89-11 RESOLUTION CERTIFYING UNPAID WATER, SEWER AND REFUSE CHARGES TO COUNTY AUDITOR FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. WHEREAS, Sections 33-166, 33-46 and 15-6, Code of Ordinances of the City of Iowa City, Iowa, provided that the City Council may certify unpaid water, sewer and refuse charges to the County Auditor for collection in the same manner as a property tax; and WHEREAS, there exists unpaid water, sewer and/or refuse charges for the j owners and properties, and in the amounts, specified in Exhibit A, attached to this resolution and by this resolution and by this reference i made a part hereof; and WHEREAS, the Council finds that each property owner has received a written + notice by certified mail, return receipt requested, of the date and time for the City Council's consideration of this resolution at which time the property owner could appear before the Council during the discussion I period for this resolution and be heard concerning the unpaid charges. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Clerk is hereby authorized to certify the unpaid water, sewer and refuse charges as stated in Exhibit A, attached, to the Auditor of Johnson County, Iowa, for collection in the same manner as a property tax. d i It was moved by Horowitz and seconded by Larson the Resolution be adopted, and upon roll call there were: I AYES: NAYS: ABSENT: i i P X Ambrisco X Balmer i X Courtney X Horowitz X Larson X McDonald Passed and approved this 10th day of January 1989.V/YI i OR / A Vved o Form i ATTEST: liJ 11, /4 IT CLERK Legal Department i 001-916-00 Parcel 8: 60323000 Address: R.R. 6, Box 37, Sand Rd Owner: Lillian & Margaret Kuenster Legal Desc.: Gov. Lot 4 Sec. 22-79-6 Bldg. on leased ground, land owned by Charlie Showers 001-922-00 Parcel N: 58583000 Address: 1610 Waterfront Dr. Owner: Dwayne & Louise D. Lewis Legal Desc.: Com. 137.4' E and 112' N from S.W. corner S.E. 15-79-6 on E side of rd. fence E 90' N 60' W 90' 560' to beginning 001-926-01 Parcel N: 56462000 Address: R.R. 6, Box 36 Owner: Max Yocum Legal Desc.: Gov. Lot 4 Sec. 22-79-6 Bldg. on leased ground owned by Charlie Showers 001-987-00 Parcel N: 62634000 Address: R.R. 6, Box 9 Owner: Tony Tonda Legal Desc.: Gov. Lot 4 Sec. 22-79-6 Bldg. on leased ground owned by Charlie Showers 001-996-00 Parcel N: 59502000 Address: R.R. 4, Box 49 Owner: Max Yocum Legal Desc.: Gov. Lot 4 Sec. 22-79-6 Bldg. on leased ground owned by Charlie Showers 001-997-01 Parcel N: 56536000 Address: R.R. 4, Box 6 Owner: Al Graham Legal Oesc.: Gov. Lot 4 Sec. 22-79-6 Bldg. on leased ground owned by Charlie Showers 008-490-02 Parcel A: 59082000 Address: 521 Gilbert St. S Owner: Michael J. Crane, Wilson Close Ltd, on contract Legal Desc.: Lyons 1st Add. 038-160-02 Parcel N: 54358000 Address: 748 Grant Street Owner: Jose J. Rivera & Wanda N. Melendez Legal Desc.: Lot 10 Block 5 048-110-11 Parcel N: 55079000 Address: 713 Ronalds Street Owner: John E. & James J. Dana Walley Paulson on contract Legal Desc.: Lot 3 Blk. 13 054-305-00 Parcel N: 57871000 Address: 925 Washington St. E Owner: Margaret Toch Legal Desc.: W 55' of E 113' of N 100' of Outlot 3 087-710-00 Parcel H: 65174004 Address: 505 Westwinds Drive Owner: Riley Partners Legal Desc.: Regency Gardens Part 11 Lot 4 EXHIBIT A Revised 1-10-89 Refuse $ 36.00 Refuse $ 36.00 Refuse $ 36.00 Refuse $ 36.00 Refuse $ 36.00 Refuse $ 36.00 Water $312.51 Sewer 475.70 Total 788.21 Water $23.03 Sewer 28.22 Refuse 9.00 Total 60.25 Water $12.67 Sewer 15.74 Refuse 9.00 Total TP.41 Water $26.98 Sewer 19.00 Refuse 18.00 Total $63.98 Water $20.73 Sewer 30.69 Refuse 22.50 Total 73.92 EXHIBIT A 001-916-00 Parcel H: 60323000 Address: R.R. 6, Box 37, Sand Rd. Refuse $ 36.00 Owner: Lillian & Margaret Kuenster Gov. Lot 4 Sec. 22-79-6 Bldg. on leased Legal Desc.: ground, land owned by Charlie Showers 001-922-00 Parcel H: 58583000 Address: 1610 Waterfront Dr. Refuse $ 36.00 Owner: Dwayne & LouiseD. Lewis Legal Desc.: Com. 137.4' E and 112' N from S.W. corner S.E. 15-79-6 on E side of rd. fence E 90' N 60' W 90' 560',to beginning 001-926-01 Parcel H.X 56462000 Address: R.R. 6, Box 36 Refuse $ 36.00 Owner: Ma �c Yocum Legal Oesc\: Gov. Lot 4 Sec. 22-79-6 Bldg. on leased ground owned by Charlie Showers 001-967-00 Parcel H: 6264000 Address: R.R. 6, Box 9 j ' Refuse $ 36.00 Owner: Tony T Vda leased Legal Desc.: G v. Lot 4 Sec. 22-79-6 Bldg. o ground owned b Charlie Showers S 001-996-00 Parcel H: 5950200 Address: R.R. 4, Box 49 Refuse $ 36.00 @ Owner: Max Yocum Legal Desc.: Gov. L 4 Sec. 22-79 Bldg. on leased ground owned by Cha ie Showers X 001-997-01 Parcel H: 56536000 A ress R.R. 4, Box 6 Refuse $ 36.00 E Owner: Al Graham Legal Desc.: Gov. Lot 4 c. 22-79-6 Bldg. on leased ground owned by Charl' owers j 008-490-02 Parcel H: 59082000 Address 521 Gilbert St. S Ltd. on contract Water $312.51 5.70 I Owner: Michael J./Crane, Wils Close Tota 488.21 Legal Desc.: Lygns 1st Add. 019-445-10 Parcel It: 6113880000 Address: 2 1 H Street Water Sewer $ 7.49 9.50 Owner: Johr /Yo der EIC E 50' Lot 1 and N of E 50' Refuse 9.00 Legal Dess/: Total 25.99 ` Lot 2 Pock 8 i 038-160-02 Parcel H: 54358000 Address: 748 Gran Street Water Sewer $23.03 28.22 Owner: Jose J. Rivera & Wanda N. Melendez Refuse 9.00 Legal Desc.: Lot 10 Block 5 Total 60.25 1 048-110-11 Parcel H: 55079000 Address: 713 Ronalds Stre t Water Sewer $12.67 15.74 Owner: John E. & James J. Dana Refuse 9.00 Walley Paulson on contract Total 37.41 Legal Desc.: Lot 3 Blk. 13 054-305-00 Parcel H: 57871000 Address: 925 Washington St. E Water Sewer $26.98 19.00 Owner: Margaret Toch Legal Desc.: W 55' of E 113' of N 100' of Outlot 3 Refuse 18.00 63.98 Total 087-710-00 Parcel fl: 65174004 Address: 505 Westwinds Drive Water Sewer $ 20.73 30.69 Owner: Riley Partners Legal Desc.: Regency Gardens Part II Lot 4 Refuse 22.50 Total73.92 + 1� City of Iowa City MEMORANDUM Date: January 5, 1989 To: City Council From: X Dianna Donahue, Customer Service Manager Re: Request for Approval of Liens for Delinquent Utility Charges The Treasury Division of the Finance Department has prepared a listing of inactive delinquent accounts as of September 30, 1988. These accounts have been reviewed to determine their collectibility, first through a 4 transfer to an active account, and second as a lien collected with the property tax. Those accounts determined uncollectible are written off. Another listing is prepared of those active delinquent accounts for refuse service only. Our only collection on those accounts are through the lien process as the refuse services cannot be discontinued for non-payment. The only accounts liened are those in the owner's or manager's name at the i time service was received. Inactive accounts written off as uncollectible are those with a delinquent balance due of less than $15.00 or those in a tenant's or owner's name and no active account in the same name exists for a transfer. The attached chart itemizes the beginning balances, payments, transfers and write-offs of both INACTIVE delinquent accounts and ACTIVE REFUSE ONLY delinquent accounts. The inactive accounts have a beginning delinquent balance of $10,931.90 with a $4,687.08 write-off as uncollectible. The active refuse only accounts have a beginning delinquent balance of $337.00. Only one refuse account totaling $65.00 was uncollectible due to the sale of the property. An analysis was performed to improve our collectibility of those inactive delinquent accounts. The larger percent of those uncollectible inactive accounts are tenant accounts that had a $50.00 deposit applied to their last billing. The mean write-off for these accounts is $31.64. We eliminated the prospect of increasing the current $50.00 deposit charge as the number of uncollectible finaled tenant accounts amount to two percent of the final bills processed. Also, the dollars written off as uncollectible is .0006 percent of the total dollars billed October, 1987 to September, 1988. We plan on researching a more aggressive collection technique to be used by our staff --perhaps contacting the customer via telephone rather than strictly correspondence. Also, we will question the feasibility of using a collection agency or small claims court when a customer does not have a second account with which to transfer the delinquent amount. S.Z., i FA I am requesting that you approve the listings for certification to the Johnson County Auditor to be assessed as a lien and collected the same as property tax. All owners were sent certified letters advising of the lien procedures and their opportunity to appear at the January 10, 1989, Council meeting. I will be available at the January 10 Council meeting to answer questions regarding the lien process. bdw3-1 cc: Kevin O'Malley, Assistant Finance Director Rosemary Vitosh, Finance Director Delinquent Amounts Due Inactive Accounts October 3, 1988 Past Due Refuse On] Active Accounts Tenant Accounts Owner Accounts Total $ 4,045.00 $ 6,886.90 $ 10,931.90 Payments -559.42 -3,996.20 -4,555.62 Transfers -161.63 -477.81 -639.44 Write-offs -3,323.95 -1,363.13 -4,687.08 Lien -65.00 -1,049.76 -1,049.76 Total -0- -0- -0- Past Due Refuse On] Active Accounts Owner Account Only $ 337.00 $ 337.00 Payment -56.00 -56.00 Lien -216.00 -216.00 Write-off -65.00 -65.00 Total -0- -0- Amount Liened 12 accounts $ 403.41 Water 578.85 Sewer 283.50 Refuse 1,265.76 Total RESOLUTION NO. 89-12 AUDITORION CETIFYING UNPAID FOR COLLECTION N THE SAME DMANNER IAS A PROPERTY NG CHARGES TAXUNTY WHEREAS, Section 34-75, Code of Ordinances of the City of Iowa City, Iowa, provided that the City may perform the required action to eliminate violations of the Weed Control Ordinance and assess unpaid costs thereof against the property for collection in the same manner as a property tax; and WHEREAS, there exist unpaid weed cutting charges for the owners and properties, and in the amounts, specified in Exhibit A, attached to this resolution and by this reference made a part hereof; and WHEREAS, the Council finds that each property owner has been sent a written notice by certified mail, return receipt requested, of the date and time for the City Council's consideration of this resolution at which time the property owner could appear before the Council during the discussion period for this resolution and be heard concerning the unpaid charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Clerk is hereby authorized to certify the unpaid weed cutting charges as stated in Exhibit A attached, to the Auditor of Johnson County, Iowa, for collection in the same manner as a property tax. It was moved by Ambrisco and seconded by Balmer the Resolution be adopte an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Balmer XCourtney X Horowitz Larson X McDonald Passed and approved this loth day of January , 1989. OR p r ed as to For /0/7 ATTEST. //fns ,.. �. // CITY -CLERK Lega Department I January 4, 1989 EXHIBIT "A" UNPAID WEED CUTTING CHARGES Address: 1625 California Avenue Owner: Wayne C. Strong Legal Description: Hollywood Manor, Part 4 Amount Due: $40.00 Parcel No.: 59736 Address: 4 Bangor Circle Owner: Administrator of Veterans Affairs (formerly Gerald & Nancy Murphy) Legal Description: Bryn Mawr Heights, Part 2 Amount Due: $55.00 Parcel No.: 54458 53 ,