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HomeMy WebLinkAbout1989-04-18 OrdinanceORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING CLASSIFICATION OF A 19,800 SQUARE FOOT PARCEL ON THE WEST SIDE OF BROADWAY STREET AT 2105 BROADWAY STREET. WHEREAS, the City has acquired a parcel of land at 2105 Broadway Street; and WHEREAS, the Iowa City Zoning Ordinance provides that all land owned or controlled by governmental entities shall be zoned P (Public) and that any private use of the same publicly -owned land shall acquire an I appropriate overlay zone with the underlying Public designation retained; and WHEREAS, the City intends to lease the parcel of land at 2105 Broadway Street to the Willow Creek Neighborhood Center Corporation for development of the Broadway Neighborhood Center; and i WHEREAS, neighborhood centers are a use ` permitted in the RM -12 zone by special exception. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. The Zoning Map of the City of Iowa City is hereby amended to change the land use designation of 2105 Broadway Street from RM -12 to P/RM-12. j SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION. The City Clerk is hereby authorized to certify this ordinance and record same at the office of the Johnson County Recorder. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. S83 Ordinance No. Page Z SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR I ATTEST: CITY CLERK i. Approved as to Form i Legal Department i [! ; -9 -c49 i 1 � j I i i STAFF REPORT To: Planning and Zoning Commission Prepared by: Karin Franklin Item: Z-8904. Broadway Street. Date: March 16, 1989 Neighborhood Center GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: City of Iowa City Rezone parcel from RM -12 to P/RM- 12. To reflect City ownership of land and the intent of the City to lease the property for private development. The west side of Broadway Street immediately north of the single- family development along Sandusky Drive. Approximately 19,800 sq. ft. Residential, 8-16 dwelling units/acre. Undeveloped; RM -12. North - Undeveloped, Pepperwood Place; RM -12 and CC -2. East - Multi -family residential; RM -12. South - Single-family residential; RS -5. West - Undeveloped; RM -12. File date: March 6, 1989. 45 -day limitation period: April 21, 1989. ANALYSIS: The City of Iowa City is in the process of exchanging a parcel of land along the Highway 6 right-of-way for a parcel of land on Broadway Street to facilitate construction of a neighborhood center. The two parcels are approximately the same size. The parcel on Broadway Street is currently owned by Southgate Development Company and the Highway 6 parcel is owned by j the City. The Highway 6 parcel was Hollywood Boulevard right-of-way which was vacated July 15, 1986 (Ord. No. 86-3291). For the neighborhood center to be placed on the Broadway Street site, an amendment to the Zoning Ordinance to permit such centers will be necessary. The amendment is presented to the Commission as a separate item. The action .5'83 Page 2 to rezone the property, which will be under public (City) ownership, will be required whether the neighborhood center proceeds or not. By rezoning the Broadway Street parcel to P (Public)/RM-12 (Low -Density Multi -Family Residential), the Commission recognizes public ownership and control of the property and the ability of the City to lease the property to a private entity for any use permitted in the RM -12 zone. The rezoning action alone permits nothing more than that which is presently permitted on the site. The intent of the City at this time is to lease the property to the Cedarwood Neighborhood Center and HACAP/Headstart; a project outline is attached. (The City staff is working with the neighborhood center on the site plan.) STAFF RECOMMENDATION: f The staff recommends that the 19,800 sq. ft. parcel located on the west side of Broadway Street be rezoned from RM -12 to P/RM-12 to reflect public ownership of the land and the intent to lease the land for private develop- ment. j ATTACHMENTS: 1. Location map 2. Project outline - Cedarwood Neighborhood Center. 11 Approved by: l nald chmeiser, Director f Department of Planning and Program Development t�� _-`jam _l Ilwr l ) � PROJECT INFORMATION OUTLINE I. AGENCY OBJECTIVE: The purpose of the Willow Creek Neighborhood Center is to work with residents of low-income neighborhoods to create an optimal living environment, connecting persons to resources in the community as well as offering neighborhood -based support services. II. PROPOSED PROJECT: A JOINT -USE FACILITY ON BROADWAY STREET: As illustrated on the attached floor plan, the building will be 3,180 square feet and will include: -a play area with a toilet for neighborhood center activities -a classroom with a toilet for a Head Start Preschool program -two neighborhood center offices -two Head Start offices -a shared kitchen -a shared meeting room -a shared staff toilet -a reception area/lounge for the neighborhood center In addition to the actual building, the project will include a fenced in play area and off-street parking in accordance with zoning requirements. III. PROGRAMS: The Willow Creek Neighborhood Center will offer a variety of programs to low-income people at no cost. Activities will include: -a child care cooperative -parenting workshops -therapeutic play groups for children -a children's afterschool program -women's support groups -informal counseling -recreational activities -information and referral -food distribution -free summer lunch program An important service of the neighborhood center is to connect low-income people to other resources. In addition to referrals and providing trans- portation, we plan to have organizations come on site for programs. Examples of such programs include: -youth activities with United Action for Youth -support groups for victims of abuse with Domestic Violence Intervention Program -a resource center provided by the Iowa City Public Library -High School completion and adult education classes sponsored by Kirkwood Community College. -substance abuse prevention with MECCA Page 2 RACAP/Head Start will offer a preschool program for four hours a day, five days a week for low-income children, three to five years old. Child care will be provided before and after the preschool for families who need full-day child care. A nurse and a social worker will be available at the site on a rotating basis. HACAP will also offer occasional or seasonal activities such as energy assistance intake and commodities distribution. IV. DEVELOPMENT PROCESS: -Preparation of detailed plans for the facility. William Nowyz has been hired as the architect for the project, attached is a floor plan. We have been in contact with the Department of Human Services and City Planning to insure our plans meet licensing and zoning requirements. The facility will be handicapped accessible. i -Acquistion of the land on which the facility will be built. The present proposal is that through an exchange with Southgate Development Company, the City will acquire a 90 x 220 foot lot on Broadway Street to be used by the Willow Creek Neighborhood Center for the project. -Lease Agreement with the City of Iowa City City legal staff will draw up a lease allowing the Willow Creek Neighbor- hood Center use of the land for the purpose of delivering services to the low-income people living in the Southeast area of Iowa City. -Rezoning of the land. City staff will initiate the rezoning process through Marin Franklin at Urban Planning. Since the property will be owned by the City, the land must be zoned Public (P) as the base zoning designation. An overlay zone would then be adopted to reflect the private use of the property. Concurrent with rezoning, an ordinance amendment needs to be approved that allows neighborhood centers as a specific use. -Contract with the developer of the project. City staff will assist in drafting a contract between the developer and the Willow Creek Neighborhood Center, detailing the terms of agreement. -Contract with HACAP/Head Start Board Members from the Willow Creek Neighborhood Center and RACAP have formed a joint committee out of which a written agreement between the two agencies will evolve. As the owner of the facility, the Willow Creek Neighborhood Center will commit to a long-term contract with Head Start which will include a maintenance agreement for operating expenses. SP3 Page 3 -Preparation of detailed plans for furnishings. The Willow Creek Neighborhood Center and HACAP/ Head Start will develop plans for what their needs will be in terms of furniture and equipment. A strategy for soliciting in-kind contributions to obtain the furnishings will also be developed. -Purchase of the facility from the developer. The target date of completion has been set for August 30, 1989. Once the facility has been completed, the Willow Creek Neighborhood Center would request the City to release the $50,000 in CDBG funds with which to purchase the facility. -Obtain occupancy permit. A condition of purchase from the developer will be that the facility pass all of the city inspections, enabling the Willow Creek Neighborhood Center to obtain an occupancy permit. -Obtain licenses to operate programs. Both the Willow Creek Neighborhood Center and Head Start will obtain licenses from the Department of Human Services to operate their child care programs. V. BUDGET: Costs: Estimated purchase price of facility: $150,000 Use of land 0 Total Cost 150,000 Income: CDBG funds $ 50,000 Capital Campaign 100,000 Total Income 150,000 VI. CAPITAL CAMPAIGN Board members from the Willow Creek Neighborhood Center and HACAP/Head Start have formed a Capital Campaign Committee to raise the additional $100,000 needed to build the facility. Plans are to solicit the following: -the Gannett Foundation -CORDLAP (through the Iowa Department of Economic Development) -private foundations in Iowa interested in funding new construction -local corporations, businesses, service clubs, churches, labor unions and individuals. In addition to cash contributions, we will be seeking donations of labor, materials, equipment and furniture. 583 Page 4 VII. CITY COUNCIL ACTION REQUIRED: -Approve the exchange of land with Southgate Development Company in which the City receives the land on which the facility will be constructed -Approve a lease agreement with the Willow Creek Neighborhood Center for the land -Approve final adoption of new zoning designations based upon the Planning and Zoning Commission's recommendations -Seek HUD approval for release of CDBG funds 583 Its.rrl:V•� 4f PsVau tq v 1, I1EI?ItdoY W'00 l.4++gyp .G• I �A fW c -u6+ 1�w1 4f'rn rE `1:7 1 1II' I t�l�J 5va<nt. + r; crrY* Li { 4V NfW 1' .p W l((II� N w `�fowit '^V- Dr/!.T' IkR6p. a o �...1 .p N _. o P. I. � /a 1-0•• i + i CCr?-r ff/L'% Porn 31 P'O r'r• ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "ZONING ORDINANCE" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 36-4(n), 36-9(d), 36- 10(d), 36-11(d), 36-12(c), 36-13(c), 36- 14(b), 36-15(b),. 36-55(k.1) THEREIN TO PERMIT NEIGHBORHOOD CENTERS IN RESIDENTIAL ZONES. WHEREAS, neighborhood centers provide a service to residential areas in the form of supervised recreation for young people, child care, and counseling and support for adults and children; and WHEREAS, the provision of such services can enhance the quality of life for people living in the center's service area; and WHEREAS, the City Council finds it to be in the public interest to encourage the establishment of non-profit neighborhood centers in the City, where appropriate; and WHEREAS, the existing Zoning Ordinance has no provisions for neighborhood centers and would thereby prohibit the establishment of such a use. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That Chapter 36, "Zoning Ordinance" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 36- 4(n)(1) and enacting in lieu thereof a new section to be codified the same to read as follows: Section 36-4(n)(1). Neighborhood Center. A use owned and operated by a non-profit organization, as defined by Section 501(c)(3) of the Internal Revenue Code, providing a place for social services such as the care of children, supervised recreation, counseling referral for children and adults, and/or support groups for children and adults and in which such services are intended primarily, though not exclusively, for those persons within a mile radius of the center. Section 36-4(n)(1.1). Non -conforming lot. A lot which does not conform to the provisions of this Chapter relative to lot frontage, width or area for the zone in which it is located by reason of the adoption of this Chapter or subsequent amendments thereto. Ordinance No. Page 2 SECTION II. That Chapter 36, "Zoning Ordinance" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 36- 9(d), and enacting in lieu thereof a new section to be codified the same to read as follows: Section 36-9(d). Special Exceptions. (1) Child care facilities subject to the requirements of Section 36-55. (2) Neighborhood Centers subject to the requirements of Section 36-55. (3) Public Utilities. (4) Religious institutions subject to the requirements of Section 36-55. (5) Schools - generalized private instruction. SECTION III. That Chapter 36, "Zoning Ordinance" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 36- 10(d) and enacting in lieu thereof a new section to be codified the same to read as follows: Section 36-10(d). Special Exceptions. (1) Child care facilities subject to the requirements of Sec. 36-55. (2) Neighborhood Centers subject to the requirements of Sec. 36-55. (3) Public Utilities. (4) Religious institutions subject to the requirements of Sec. 36-55. (5) Schools - generalized private instruction. SECTION IV. That Chapter 36, "Zoning Ordinance" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 36- 11(d) and enacting in lieu thereof a new section to be codified the same to read as follows: Section 36-11(d). Special exceptions. (1) Cemeteries and mausoleums subject to the requirements of Sec. 36-55. (2) Child care facilities subject to the requirements of Sec. 36-55. (3) Funeral home subject to the requirements of Sec. 36-55. (4) Group care facilities provided that there is at least 750 square feet of lot area for each occupant. (5) Neighborhood Centers subject to the requirements of Sec. 36-55. (6) Public Utilities. Ordinance No. Page 3 (7) Religious institutions subject to the requirements of Sec. 36-55. (8) Schools - generalized private instruction. (9) Schools specialized private instruction subject to the provisions of Section 36-11(g)(2). (10) Transient housing provided that there is at least 750 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. SECTION V. That Chapter 36, "Zoning Ordinance" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 36- 12(c) and enacting in lieu thereof a new section to be codified the same to read as follows: Section 36-12(c). Provisional uses. (1) Detached single family dwellings subject to the dimensional requirements of the RS -12 zone. (2) Dwellings allowed in this zone with a maximum of three (3) roomers in each dwelling unit provided that for single family dwellings and duplexes, additional off-street parking spaces shall be furnished at the ratio of one-half (1) space per roomer. (3) Duplexes provided they shall be developed in accordance with the dimensional requirements of the RM -12 zone, except that the minimum lot area shall be 3600 square feet and the minimum lot area per unit 1800 square feet. (4) Family care facilities provided they shall not be located within one-quarter (1) mile of each other. (5) Fraternity/sorority houses, provided there shall be 545 square feet of lot area for each person residing on the premises. (6) Neighborhood Centers subject to the requirements of Sec. 36-55. (7) Nursing homes subject to the requirements of Sec. 36-55. (8) Religious institutions subject to the requirements of Sec. 36-55. (9) Rooming houses, provided that the total floor area shall not exceed 330 square feet for each 1800 square feet of lot area and that Ordinance No. Page 4 there shall be at least 100 square feet of floor area for each roomer. (10) Townhouses and zero lot line dwellings subject to the requirements of Sec. 36-55, provided they are developed in accordance with the dimensional requirements of the RM -12 Zone, except that each unit shall have a minimum lot area of 1800 square feet. (11) Accessory apartments, subject to the requirements of Section 36-55. SECTION VI. That Chapter 36, "Zoning Ordinance" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 36- 13(c) and enacting in lieu thereof a new section to be codified the same to read as follows: Section 36-13(c). Provisional uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers in each dwelling unit provided that for single family dwellings and duplexes, additional off-street parking spaces shall be furnished at the ratio of one-half ()) space per roomer. (2) Family care facilities provided they shall not be located within one-quarter (f) mile of each other. (3) Fraternity/sorority houses, provided there shall be 545 square feet of lot area for each person residing on the premises. (4) Neighborhood Centers subject to the requirements of Sec. 36-55. (5) Nursing homes subject to the requirements of Sec. 36-55. (6) Religious institutions subject to the requirements of Sec. 36-55. (7) Rooming houses, provided that the total floor area shall not exceed 330 square feet for each 1800 square feet of lot area and that there shall be at least 100 square feet of floor area for each roomer. (8) Accessory apartments, subject to the requirements of Section 36-55. Ordinance No. Page 5 SECTION VII. That Chapter 36, "Zoning Ordinance" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 36- 14(b) and enacting in lieu thereof a new section to be codified the same to read as follows: Section 36-14(b). Permitted uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers residing in each dwelling unit. Single and two family dwelling, which exist as nonconforming uses, shall be permitted three (3) roomers per dwelling unit. (2) Neighborhood Centers. (3) Multi -family dwellings. SECTION VIII. That Chapter 36, "Zoning Ordinance" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 36- 15(b) and enacting in lieu thereof a new section to be codified the same to read as follows: Section 36-15(b). Permitted uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers residing in each dwelling unit. Single and two family dwelling, which exist as nonconforming uses, shall be permitted three (3) roomers per dwelling unit. (2) Fraternity/sorority houses. (3) Nigh -rise multi -family dwellings. (4) Neighborhood Centers. SECTION IX. That Chapter 36, "Zoning Ordinance" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by adding Section 36- 55(k.1) as follows: Section 36-55(k.1). Neighborhood Centers. (1) Neighborhood centers shall be located with access to arterial or collector streets. (2) All centers engaged in child care shall meet the requirements of Section 36-55(c). (3) The hours of operation of neighborhood centers and outdoor activities on the site shall be limited to from 7:00 AM to 10:00 PM. ATO Ordinance No. Page 6 (4) Screening shall be provided between any parking areas abutting residential uses which require four or fewer parking spaces, in accordance with Section 36-76(j). SECTION X. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION Xi. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION XII. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR i i ATTEST: CITY CLERK Approved as to Form L gal Department -/ /--*I- 'Ple City of Iowa City MEMORANDUM Date: March 27, 1989 To: Planning & Zoning Commission i From: Karin Franklin, Senior Plar i Re: Standards for Neighborhood Centers At the March 16, 1989 meeting of the Commission, the staff was asked to provide some standards specifically for neighborhood centers. The issues appear to be hours of operation, traffic, noise and screening. Presented below are proposed standards for neighborhood centers. These standards will be applicable to centers in all the residential zones, except RM - 44 and RM -145 (centers are not permitted at all in RS -5 and RS -8). The standards addressing outdoor activity and screening are Intended to deal with the Issue of noise. (k.) Neighborhood Centers. (1) Neighborhood centers shall be located with direct access to arterial or collector streets. i (2) All centers engaged in child care shall meet the requirements of Section 36-55(c). i (3) The hours of operation of neighborhood centers shall be limited to from 7:00 AM to 10:00 PM. Outdoor activities shall be restricted to the hours of 9:00 AM to 8:00 PM. (4) Screening shall be provided between any parking area and abutting residential uses requiring four or fewer parking spaces, in accordance with Section 36-760). i bei -3 5�f� I 0 ORDINANCE NO. 89-3404 AN OPDIWKE NUDING THE ZONING OTDINAI CE BY MUING THE USE REGMATIONS OF CERTAIN PROPERTY LOCATED SOUTH OF RM MY DRIVE AD FIST OF KRlN TRfK BOULEVARD IN TY'N CAE RMIVISION. WIMAS, the subject property is part of Ty'n Cae Subdivision located east of Mormon Trek Boulevard and is currently zoned PCH -8; and WEREAS, the Conprehensive Plan for the City of Iowa City shows Residential lard use at a density of 2-8 Belling units per acre in the area containing the subject property; and YERFAS, existing development located in the rehainder of Ty'n Cae Subdivision is detached and attached single-family residential uses conpatible with nediun density single-family residential uses shorn in the Curprehensive Plan; and MUTAS, nediun density single-family residential uses are now the nmst appropriate use for the subject property. NXTFfREFORE, BE IT ORDAINED BY TIE CITY C(IKIL OF THE CITY OF IOdA CITY, ICIA, TWIT: SECTION I. ZONING MUD NT. The property dw ited below is hereby reclassified from its present classification of FSH -8 to RS -8: See Attadmt A. SECTION II. ZONING hWP. The Building Inspector is herby audlorized and directed to change the zoning map of the City of Iaa City, Iowa, to conform to this arndient upon the final passage, approval and publication of this Ordinance as provided by law. O11I CERTIFICATION AND BIDING. The City Clerk s hereby authorized and directed to oertify a copy of this Ordinance vhich shall be recorded at the Office of the Canty Recorder of Johnson Candy, Iowa, upon final passage and publication as provided by law. SECTION IV. al FR, All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION V. SEVETiIIBILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall riot affect the validity of the Ordinance as a W)ole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DOTE. This Ordinance shall to in effect Wits final passage, approval and publication as required by law. S8S Ordinance W. 89-3404 Page 2 passed and approved this 18th day of April, 1989. ATTEST: 77r� :..J sY ila r CITY Approved as to Form e a Deparbnmt It was moved by Balmer and seconded by Larson that the Ordinance as rea a adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Balmer x Courtney x Horowitz x Kubby x Larson x McDonald First Consideration 4/4/89 Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Balmer. Nays: None. Absent: Ambrisco. Second Consideration Vote for passage: Date published 4/26/89 Mloved by Balmer, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz, Kubby. Nays: None. Absent: None. i 58.5" LEGAL DESCRIPTION Z-8901 Lots 39, 40, 41, 42, 43, 46, 47, 48 and 49 of Ty'n Cae Subdivision, Part Three, as recorded in Plat Book 24 at page 18 of the Records of the Johnson County Recorder's Office, and a parcel of vacated excess right-of-way of Mormon Trek Boulevard, said lots and vacated right-of-way having a perimeter description as follows: Beginning at the Southeast Corner of the Northeast Quarter of the Northwest Quarter of Section 20, Township 79 North, Range 6 West, of the 5th Principal Meridian, said corner also being the Southeast Corner of Lot 41 of said Part Three; thence N 8901037" W, 490.84 feet along the south line of the Northeast Quarter of the Northwest Quarter of said Section 20, to a point on the Northeasterly right-of-way line of Mormon Trek Boulevard, said point being 40.00 feet normally distant, Northeast, from the center line of Mormon Trek Boulevard; thence N 34013'05" W, 458.38 feet along said right-of-way line to its intersec- tion with the Southeasterly right-of-way line of Gryn Drive; thence N 55046'55" E, 46.04 feet along the Southeasterly right-of-way line of Gryn Drive; thence Northeasterly, 81.27 feet along said right-of-way line on a 200.00 foot radius curve, concave Northwesterly, whose 80.71 foot chord bears N 44008'27" E; thence N32030'00" E, 4.56 feet along said right-of-way line; thence Northeasterly 23.56 feet on a 15.00 foot radium curve, concave Southeasterly, whose 21.21 foot chord bears N 77030'00" E; thence S 57030'000 E, 145.00 feet along the Southwesterly right-of-way line of Plaen View Drive; thence Southeasterly 40.95 feet along said right-of-way line, on a 150.00 foot radius curve, concave Northeasterly, whose 40.82 foot chord bears S 65019'13" E, to the Northwesterly Corner of Lot 45 of said Part Three; thence S 16051'33" W, 165.52 feet along the Westerly line of said Lot 45; thence N 77030'00" E, 163.93 feet along the Southerly line of Lots 45 and 44 of said Part Three; thence N 14025'21" W, 125.15 feet along the Easterly line of said Lot 44 to a point on the Southerly right-of-way line of Plaen View Drive; thence Northeasterly, 80.74 feet, along said right-of-way line, on a 150.00 foot radius curve, concave Northwesterly, whose 79.77 foot chord bears N 60009'23" E; thence Northeasterly 20.36 feet along a 15.00 foot radius curve, concave Southeasterly, whose 18.83 foot chord bears N 83037'05" E; thence S 57030'00" E, 68.04 feet along the Southwesterly right-of-way line of Dynevor Circle; thence N 59142'44" E, 56.22 feet to a point on the Northeasterly right- of-way line of Dynevor Circle, said point also being the Southeasterly Corner of Lot 36 of said Part Three; thence N 32030100" E, 125.00 feet along the Southeasterly line of said Lot 38 to a point on the Southwesterly line of Lot 36 of said Part Three; thence S 57030100" E, 163.27 feet along the Southwesterly line of said Lot 38 to a point on the East line of the Northeast Quarter of the Northwest Quarter of said Section 20; thence S 01002'24" W, 433.02 feet along said East line to the Point of Beginning. Said tract of land contains 5.841 acres, more or less, and is subject to easements and restrictions of record. Attachment A s8s CFOINMCE NO. 89-3405 ORDIWVCE APPOING THE MIMINARY PLOO DEVELOPMliT NOISING (PCH) PLAN FOR WIl10.8MX POINTE COMINIM, IM CITY, IDr1A. BE IT OTmAINED BY THE CITY MICIL OF ICW4 CITY, IOWA, THAT: SECTION I. APPROVAL. The preliminary PCH plan submitted by Byers 8 Happel, Inc., for Willowbrooke Pointe Codcainiums, legally described in Attadwt A, is hereby approved, including the reclassification of the property from RS -5 to PEH-5. SECTICN II. VARIATIONS. Variations frau the requirements of the RS -5 zone have been approved as a part of this plan. The variations permit: A. Twenty-eight multi -family units arranged in seven, two-story, four unit condominium dwellings. The dwellings have been desiged in a manner compatible with the single-family character of surrounding properties immediately to the north and east. The large setbacks, ample =mts of open space, and landscape features effectively integrate the development into this single -fainly nei(.*&H ood. B. Clustering of codaniniun dwellings. lie seven dwellings are located north of Willow Creek on the more suitable portion of the tract for development, and thereby promote a more efficient land use resulting in smaller networks of utilities and streets with mmre usable open space being achieved. C. Reduction of pavement width and design stardad from a 28 -foot curb and gutter public street to a 22 -foot non -curb and gutter private street. The reduced pavement width and design standard still allays the safe and efficient movement of traffic within this relatively small, non - through street development. The proposed design will still allow the circulation of emergency vehicles on the property. D. No internal sidewalks. Due to the relatively small scale of this development, the limited arcmnt of traffic anticipated on the private drive, and the availability and accessibility of open space which may serve as an alternative to sidewalks for pedestrian use, sidewalks are not regarded as necessary within the development. The plan provides for the extension of a crosswalk south of Elliott Court, from the proposed single-family subdivision to the north, to provide access through the development to Benton Street and Willow Creek Park to the south• i o Ordinance No, 89-3405 Page 2 E. A certain nurber of parking spaces are allowed to bark directly into the private drive. With no parking permitted on the private drive, each parking area so designed affords unobstructed sight distances and assures the safe and efficient movement of vehicular and pedestrian traffic in this non -through street develcpnant. Off-street parking is provided at a ratio of fou• spaces per dielling unit, twice the a ou nt required by the Zoning Ordinance. The additional parking is intended to carpensate for overflow parking situations since on -street parking is not permitted an Benton Street and hbrrmn Trek Boulevard so as not to burden neighboring residential streets. SECHON Ili. REPEALER. All ordirnaoes and parts of ordinances in conflict with the provisions of this Ordirrarce are hereby repealed. SECiICN IV. SEVOW11-11Y. If any section, provi- sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordiroxe as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECIICN V. EFFECEIVE O4TE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 18th day of April, 1989. rOR �MKFSFWIN . Approved as to Form ` I r./ Are 164 -al Depar ffmt -'-T i It was moved by Balmer and seconded by Larson that the Ordinance as read b 'adopted, and upon roll call there were. AYES: NAYS: ABSENT: x Ambrisco _x Balmer x Courtney Horowitz x Kubby Larson McDonald First Consideration 4/4/69 Vote for passage: Ayes: Horowitz, Larson, MkDonald, Balmer, Courtney. Nays: Kubby. Absent: Ambrisco. i I Second Consideration Vote for passage: i j Date published 4/26/89 I i Moved by Balmer, seconded by Larson, that the rule requiring ordinances to be, considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, MIcDonald. Nays: None. Absent: None. LEGAL DESCRIPTION WILLOWBROOKE POINTE CONDOMINIUMS Lot 33 as depicted on the Preliminary Plat of Cameron Subdivision A portion of the Southeast Quarter of the Northwest Quarter (SE 114, NW 114) of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian, being more particularly described as follows: Commencing at the Center of said Section 17; Thence NOS *23'08'W, 651.50 feet along the South Line of the Northwest Quarter (NW 114) of said Section 17; Thence NOf'44'23'E, 20.36 feet to the Southwesterly Corner of Lot 84 of Macbride Addition, Part Three, said comer being 35.00 feet normally distant, North, of the Centerline of West Benton Sheet and is the Point of Beginning of the following described tract; Thence N89'40'21"W, 218.74 feet, along a line 35.00 feet normally dlstan4 North, of the n Centerline of West Benton Street; Thence N01'19'39'E, 19.00 feet: Thence N89'40'21"W, 32.00 feet; Thence S01 019'3m, w 19.00 feet to a point 35.00 feet normally distant, North of the Cenferline of West Benton Street; Thence N89'4021'W, 267.87" along a line 35.00 feet normal y distant, North, of the Centerline of West Benton Street; Thence Northwestery, 39.89 feat, along a 25.00 foot radius curve, concave Northeasterly, whose 35.79 foot chord bens N43'5759"W, to a point 40.00 feet normally r distant, East, of the Centerline of Mormon Trek Boulevard; Thence N01'44'23'E, 277.43 feet, along a line 40.00 feet normally n distant, East, of said Centerline, Thence S88'15'37E, 14.00 feet; Thence N01044'23"E, 32.00 feet, Thence N88'15'37'W, 14.00 feet to a point 40.00 feet normally distant, East of the Cenferline of Mormon Trek Boulevard; Thence N01'44'23'E, 204.031164 along a line 40.00 teat normally distant, East of the Centerline of Mormon Trek Boulevard, Thence S89'15'3rE, 319.04 feet; Thence S01'4423"W, 45.55 feet; Thence S28'15'37"E, 91.10 feet; Thence S58'15'37"E, 91.10 feet; Thence SSO'15'37'E, 91.10 feet,, Thence N61'44'23"E, 45.55 last; Thence 589'03'28E, 70.01 feet to a point on the West line of said Macbride Addition, Part Three; Thence S01'44'23"W, 376.96 feet to the Point of Beginning. Said tract of lend contains 6.735 Acres more or less and is subject to easements and restrictions of record. 01-05-e0, LRS e.ee,l.141 rnlr.d 1/11/e In .IAM 19 1971 P P.D. DEPART h1E IT RECEIVED APR 6 1989 Opening doors since 1947. April 5, 1989 Mr. Steve Adkins City Manager 410 E. Washington Iowa City, Iowa 52240 Re: N.E. corner of Morman Trek and Benton Street. Zoning request for PDH -5 from RS -5. S-8835 Dear Mr. Adkins: I would like to request that the City Council consider waiving the second reading on April 18 and giving final approval of this re- zoning request. We ask for this waiver due to the deferment we received on March 21, 1989. Please contact me if you have any questions or comments in regard to this request. Respectfully, Bill Happel, President Iowa City Office BH/kw I L E F APR 17 W 113 510 SOUTH CLINTON 0 P.O. BOX 966 • IOWA CITY, IOWA 52244 (319) 354-0581 rrj� GLALIOP Sits ORDINANCE W. AN ORDINMICE AfIlDIIG CWAPTER 8, ARTICLE II, a BUILDING CODE, BY ADOPTING TYE LINIFOR•i BijILDIIG CODE STANDARDS, 1988 EDITION ND 11E 1988 EDITION OF TIE IB1IFOR4 BUILDING CODE EDITED BY THE INTERNATIOfX CONFERENCE OF BUILDING OFFI- CIALS TION OFAND TIE IEALTH, WELFARE RTAND NSAFETY OF THE CITIZENS OFFIIYOWIECITY, IOWA- BFOR THE E IT ORDAINED BY 1HE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, TWAT: SECTION 1. PURPOSE. The purpose of this Ordinance is to adopt the Uniform Building Code SFYrffards 1988 Edition, and the 1988 Edition of the Uniform Building Code as prepared and edited by the International Conference of Build- ing Officials; and to provide for certain amerdnents thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa, and provide for its enforcement. SECTION 2. Section 8-16 of the Cade of Ordinances of the City of Iowa City, as hs ereby repealed and the follaaing new Sec. 8-16 is enacted in lieu thereof: Sec. 8-16. Adopted. Subject to the following arcerdnents, the Uniform Building Code Standards, 1988 Edition, and the 1988 Edition of the Uniform Building Code are hereby adopted, and shall be known as the Iowa City Building Code, or the Building Code. Interpretations of the Building Official shall be guided try the UBC Application/Interpretation Manual. SECTION 3. Section 8-17 of the Code of Ordinances of the City of Iowa City, Iowa is hereby repealed and the follaaing new Sec. 8-17 is enacted in lieu thereof: Section 8-17. Amendments. The fallowing sections of the 1988 Edition of the Uniform Building Code (UBC) are amended to read as follows: (1) UBC Section 202, Powers and Duties of Building Official, is mended to read as follows: (a) General. The building official is hereby authorized and directed to enforce all the provisions of this code. For such purposes, he/she shall have the powers of a law enforcement officer. (b) Deputies. In accordance with prescribed procedures and with the approval of the City Manager, the building official shall appoint such nurt>on of technical officers, inspectors and other employees as may be necessary to carry cut the functions of the code enforcement agency. (c) Right of Entry. Whenever necessary to make an inspection to enforce any of the provision of this code or khenever the building official or his authorized representative has reasonable rause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe as defined in Section 203 of this code, the building official or his authorized representative may enter such building or premises at all reasonable tines to inspect the same or to perform any duty irrposed upon the building official by this code, provided that if such building or premises be occupied, he/she shall first present proper credentials and request entry; and if such building or premises be unoccupied, he/she shall first make a reasona- ble effort to locate the Omer or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or his/her authorized representative shall have recourse and every remedy provided by law to secure entry. No owner or occupant or any other person having charge, care or control of arty building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry 5?1 Ordinance No. Page 2 therein by the building official or his/her authorized representative, for the purpose of inspection and examination pursuant to this code. Any person violating this subsection shall be guilty of a misde- meanor. (d) Notices. (1) Whenever any work is perfoned in violation of this code, the building official nay serve a written notice or order upon the amer or his/her agent, directing hirrVher to discontinue the violation. (2) In the event such notice or order is not promptly complied with, the building official may institute an action at law or in equity to require compliance and to enjoin occupancy of the structure while it is rat in carpliance with this code. (e) Stop Work Orders. Whenever any work is being done contrary to the provisions of this code, the building official may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work. (f) Occupancy Violations. Whenever any building or structure or equiprent therein regulated by this code is being used contrary to the provision of this code, the building official may order such use discontinued and the structure, or a portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discon- tinue the use within the time period prescribed by the building offi- cial after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code. (g) Liability. The building official or his/her authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his/her duties, shall not thereby render himself/herself personally liable for any damage that may occur to persons or property as a result of any act or by reason of any act or omission in the discharge of his/her duties. Any suit brought against the building official or enployee because of such act or omission perfmmned by him/her in the enforcement of any provision of this code, shall be defended by legal counsel provided by this juris- diction until final termination of such proceedings. This code shall not be construed to relieve from or lessen the responsibility of any person arcing, operating or controlling any building or structure fon any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdic- tion be held as assuming any such liability by reason of the inspec- tions authorized by this code or any certificates of inspection issued under this code. (h) Cooperation of Other Officials and Officers. The building official nay request, and shall receive so far as is required in the discharge of his/her duties, the assistance and cooperation of other officials of this jurisdiction. (2) UBC Section 204, Board of Appeals, is amended to read as follows: Board of Appeals. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable inter- pretation of this code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training .5-P Ordinance Flo. Page 3 to pass upon matters pertaining to building construction and interpretatio- ns of the building official and who are not erployees of the jurisdiction. The building official shall be an ex officio merber of and shall act as secretary to said Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules and procedures as set forth in the Iowa City Adninistrative Code. (3) UBC Section 205, Violations, is arrended to read as follows: (a) Penalties. (1) A person who shall violate a provision of this ordinance or fail to comply therewith or with any of the requirements thereof or who shall erect, construct, alter or repair or have erected, constructed, altered or repaired a building or structure in violation of a detailed statement or plan sutmitted and approved thereunder, shall be guilty of a misdereanor punishable by a fine not exceeding $100 or impriso ment not exceeding 30 days. (2) The owner of a building, structure or premises where anything in violation of this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation erployed in connection therewith, and any who may have assisted in the omission of such violation shall be guilty of a separate offense. (b) Abaterent. The irrposition of penalties herein prescribed shall not preclude the City from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, altera- tion, repair, conversion, maintenance or use or to restrain, erect or abate a violation or to prevent the occupancy of a building, structure or premises. (4) UBC Section 301, Permits, Subsection (b), is ao)ded to read as follows: (b) Exerpted Work. A building permit shall not be required for the fol- lowing: (1) Ore -story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 144 square feet. (2) Fences not over six feet high. (3) Oil derricks. (4) Ibvable cases, counters and partitions not over five feet nine inches high. (5) Retaining walls vhich are not over four feet in height measured from the top of the footing to the tap of the wall, unless sup porting a surcharge or inrpamding flammable liquids. (6) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width docs not exceed two to one. (7) Walks and driveways rot over any basement or story below. (B) Painting, papering and similar finish work. (9) Terporary motion picture, television and theater stage sets and scenery. (10) Window awnings supportedby an exterior wall of Group R, Division 3, and Group M occupant es when projecting not more than 54 inches. .5!71 Ordinance No. Page 4 (11) Prefabricated swimming pools accessory to a Group R, Division 3, occupancy in which the pool walls are entirely above the adjacent grade if the capacity does rot exceed 5,000 gallons and is less than 18 inches in depth. (12) Reapplication of roof shingles and siding of Group R, Division 3, and Group M occupancies if structural alterations are not needed. Unless otherwise exerpted, separate plumbing, electrical and nechani- cal permits will be required for the above-exerpted items. Exemption from the permit requirerents of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordi- nances of this jurisdiction. (5) UBC Section 303, Expiration, Subsection (d), is amended to read as fol laws: (d) Expiration. Under the following circumstances, every permit issued by the building official under the provisions of this code shall expire by limitation and beca a null and void: (1) if the building or work authorized by such permit is rot com- nenced within 180 days from the date of such permit; (2) if after 18D days from the date of such pennit, less than 10 percent of the total cost of all construction, erection, altera- tion, enlargarent, repair, demolition or other work covered by such permit is completed on the site; (3) if the building or work authorized by such permit is suspended or abandoned at any tine after the work is commenced for a period of 180 days; (4) if the building or work authorized by such permit is not com- pleted within twenty-four (24) months from the date the permit was issued. Before such work can be reconmenced, a new permit shall be first obtained so to do, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be Trade in the original plans and specifications for such work; and provided further that the expiration of the permit for such work has not exceeded one year. In all other cases, in order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an exten- sion of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the tine for action by the permittee for a period riot exceeding 180 days upon written request by the permittee showing that circum- stances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. (6) UBC Section 304, Fees, is arended to read as follows: (a) General. All fees for and/or associated with each required permit shall be paid to the City as set forth in the fee schedule as etablished by resolution by the City Council. The latest edition of the Building Standards as prepared by the International Conference of Building Officials nay be used to determine the valuation of a permit. .59/ Ordinance No. Page 5 (7) UBC Section 307, Certificate of Occupancy, Subsection (a), is amended to read as follows: (a) Use or Occupancy. No building or structure of Group A, 8, E, H, I or R occupancies shall be used or occupied and no change in the existing occupancy classification of a building or structure or portion thereof shall be node until the building official has issued a Certificate of Occupancy therefor as provided herein. (8) UBC Section 401, Definitions, General, is amended to read as follows: General. For the purpose of this code, certain terns, phrases, words and their derivatives shall be construed as specific in this chapter. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. Where terns are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's New Colle- giate Dictionary shall be considered as providing ordinarily accepted meanings. (a) -(e) Reserved. (8) UBC Section 407, Definitions, "F", the "definition of "Family," is emended to read as follows: FAMILY. One (1) person or two (2) or more persons related by blood, marriage, adoption or placement by governmental or social service agency, occupying a dwelling unit as a single housekeeping organization. A family may also be two (2), but not more than two (2), persons not related by blood, marriage or adoption. (g) UBC Section 408, Definitions, "G", the definition of "guest" is amended to read as follows: G1E9. An individual who shares a dwelling in a non-pennanent status for rat more than 30 days. (h) UBC Section 409, Definitions, "H", the definition of "hotel" is amended to read as follows: HOTEL. A residential building licensed by the state and occupied and used prinicipally as a place of lodging for guests. (i) -(q) Reserved. 4 UBC Section 419, Definitions, "R", the definition of "roaming house" is amended to read as follows: ROOMING HOUSE. Any dwelling or that part of any dwelling containing one or more roaming units in which space is let by the owner or operator to four (4) or more roamers. MReserved. UBC Section 421, Definitions, "T", the definition of "truss" is amended to read as fol laws: TRUSS. Is a pre -built and engineered carpoent employing one or more triangles in its construction or an approved designed and engineered campo- nent that functions as a structural support merber. (9) UBC Section 1201, Requirements for Group R Occupancies, Division 1, is mended to read as follows: Division 1. Hotels, apartment houses and roaming houses. Convents and monastery (each accommodating more than ten (10) persons). (10) UBC Section 1205, Light, Ventilation and Sanitation, Subsection (a), is mended to read as fol las: (a). Light and Ventilation. All guest rooms, dormitories and habitable roars within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not less than eight percent (8%) S -W Ordinance No. Page 6 of the floor area of such rooms with a minimum of eight (8) square feet. All bathrooms, water closet compartments, laundry rooms and similar roars shall be provided with natural ventilation by means of epenable exterior openings with an area not less than one -twenty-fifth (1/25) of the floor area of such roan with a minimum of one dnd one-half (1 1/2) square feet. All guest rooms, dormitories and habitable roars within a dwelling unit shall be provided with natural ventilation by means of cpenable exterior openings with an area of not less than one -twenty-fifth (1/25) of the floor area of such rooms with a minimum of four (4) square feet. In lieu of required exterior openings for natural ventilation, a me- chanical ventilating system may be provided. Such system shall be capable of providing two (2) air changes per hour in all guest roars, dormitories, habitable roars and in public corridors. One-fifth (1/5) of the air supply shall be taken from the outside. In bathroom, water closet compartments, laundry roars and similar roans, a mechanical ventilation system connected directly to the outside, capable of providing five (5) air changes per hour, shall be provided. For the purpose of determining light and ventila- tion requirements, any room my be considered as a portion of an adjoining roan when one-half (1/2) of the area of the common wall is open and unob- structed and provides an opening of not less than eight (8) percent of the floor area of the interior ram or twenty-five (25) square feet, whichever is greater. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building. EXCEPTIONS: 1. Required windows may open onto a roofed porch where the porch: a. Abuts a street, yard our court; and b. Has a ceiling height of rot less than seven (7) feet; and c. Has the longer side at least sixty-five (65) percent open and unobstructed. 2. Kitchens need not be provided with natural light by means of exterior glazed openings provided artificial lighting is provided. (11) UBC Section 1207, Room Dimensions, Subsection (a), is amended to read as follows: (a). Ceiling Heights. Habitable space shall have a ceiling height of not less than seven feet six inches (7'6") except as otherwise permitted in this section. Kitchens, halls, bathrooms and toilet compartments any have a ceilirg height of not less than seven (7) feet measured to the lowest projection from the ceiling. Where exposed beam ceiling ambers are spaced at less than 48 inches on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling ambers are spaced at 48 inches or more on center, ceiling height shall be measured to the bottom of the deck supported by these mmehbers, provided that the bottom of the ambers is not less than seven (7) feet above the floor. If any roan in a building has a sloping ceiling, the prescribed ceiling height for the roan is required in only one-half (1/2) the area thereof. No portion of the roan measuring less than five (5) feet from the finished floor to the finished ceiling shall be included in any cmputation of the minimum area thereof. If any roan has a furred ceiling, the prescribed ceiling height is required in ivo-thirds (2/3) the area thereof, but in no case shall the height of the furred ceiling be less than seven (7) feet. SOV Ordinance No. Page 7 EXCEPTIONS: 1. The ceiling height in Group R, Division 3 occupancies, nay be re- duced to six feet eight inches (6'8") for main support beans, but in no case shall reduce the prescribed ceiling height by less than two-thirds (2/3) of the floor area of the room. 2. The ceiling height in basarents of Group R, Division 3 occupancies which existed prior, to the adoption of the 1988 Uniform Building Code, nay be reduced to seven feet, but shall meet all other re- quirahents of the code. (12) UBC Chapter 17 is amended by adding the follaning new section 1717, Minimum Ceiling Heights, to read as follows: All occupancies shall have a mininnn ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling except as otherwise required by this code. (13) UBC Chapter 17 is amended by adding the following new Section 1718, Trusses, to read as follows: Preparation, fabrication and installation of trusses shall conform to accepted engineering practices and to the requirements of this code. No alterations, including but rut limited to cutting, splicing or removal of webs, gussetts or cords, shall be made without approval of a certified engineer and the building official. Any alterations not acceptable to the building official shall be corrected or the altered member reproved and replaced with an acceptable nmthod of construction. (14) UBC Section 1807, Special Provisions for Group B, Division 2 office Buildings and Group R, Division 1 Occupancy, subsection (a), is amended to read as follows: (a). Scope. This section shall apply to all Group B, Division 2, office buildings and Group R, Division 1, occupancies located in buildings which are more than four (4) stories or sixty-five (65) feet above the lowest level of fire department vehicle access or of greater height than the ladder capability of the fire deparbrent from the lowest level of department vehicle access. Such building shall be provided with an autcaatic sprinkler system in accordance with Section 1807.(c). (15) UBC Section 2516, General Construction Requirements, Subsection (f).4.B., is amended to read as follows; Sec. 2516.(f).4.8. Attics. Draft stops shall be installed in attics, mansards, overhangs, false fronts set out from walls and similar concealed spaces of buildings so that the area between draft stops does not exceed three thousand (3,000) square feet and the greatest horizontal dimension j' does rot exceed sixty (60) feet. Such draft stops shall be above and in line with the walls separating tenant spaces from each other and divide the attic spaces into apprximately equal areas. EXCEPTION: 1. Where approved automatic sprinklers are installed, the area between draft stops «ey be nine thousand (9,000) square feet and the great- est horizontal dimension hey be one hundred (100) feet. 2. Draft stops in attics of single-family dwellings may be omitted. (16) UBC Section 2907, Footings, Subsection (a), is amended to read as follows: (a). General. Footing and foundations, unless otherwise specifically provided, shall be constructed of masonry, concrete or treated wood in conformance with U.B.C. Standard No. 29-3 and in all cases shall extend below the frost line. Footings of concrete and masonry shall be of solid material. Foundations supporting wood shall extend at least six (6) inches 5471 Ordinance No. Page 8 above the adjacent finish grade. Footings shall have a minimsn depth as indicated in Table No. 29-A unless another depth is recanrended by a fcurda- tion investigation. EXCEPTION: A one-story accessory building rot used for human occupancy and not over one -thousand (1,000) square feet in floor area need not be provided with a footing extending below the frost line. TABLE NO. 29-A, m Foundations for Stud Bearing Walls - IAinimrequire- ments, is aronded to read as follows: } Ordinance No. Page 9 TABLE N0. 29-A - FOUNDATIONS FOR STUD BEARING WALLS - MINIMUM REQUIREMENTS Minimum Depth of Number of Thickness of Foundation Below Floors Foundation Walls Minimum Natural Surface of Supported (Inches) Width Thickness Ground or Finish By the Unit Footing of Footing Grade (Whichever Foundation) Concrete Masonry Inches Inches is Lower (Inches) 1 8 8 16 8 42 2 8 8 16 8 42 3 8 10 18 8 42 Foundations may support a roof in addition to the stipulated number of floors. Foundations supporting roofs only shall be as required for support- ing one floor. Ordinance No. Page 10 (17) UBC Section 3205, Attics: Access, Draft Stops and Ventilation, Subsection(a), is amended to read as follows: (a). Access. An attic access opening shall be provided in the ceiling of the top floor of buildings with combustible ceiling or roof construc- tion. The opening shall be located in a corridor or hallway of buildings of three (3) or more stories in height and readily accessible in build- ings of any height. Closets are not deemed to be readily accessible. The clear opening shall be not less than twenty inches by thirty inches (20"00"). Thirty inch (30") minimum clear head room shall be provided above the access opening. Attics with a maximum vertical clear height of less than thirty inches (30") need not be provided with access openings. (18) UBC Section 3306. Stairways, Subsections (j) and (p), are amended to read as follows: (j). Handrails. Stairways shall have handrails on each side, and every stairway required to be more than 88 inches in width shall be provided with not less than one intermediate handrail for each 88 inches of required width. Intermediate handrails shall be spaced approximately equally across the entire width of the stairway. EXCEPTIONS: 1. Stairways less than 44 inches in width or stairways serving one individual dwelling unit in Group R, Division 1 or 3 Occupan- cies may have one handrail. 2. Private stairways 30 inches or less in height may have hand- rails on one side only. 3. Stairways having less than four risers and serving one individ- ual dwelling unit in Group R, Division 1 or 3, or serving Group M Occupancies need not have handrails. The top of handrails shall be placed not less than 30 inches nor more than 38 inches above the nosing of treads. They shall be continuous the full length of the stairs and except for private stairways at least one handrail shall extend not less than 6 inches beyond the top and bottom risers. Ends shall be returned or shall terminate in newel posts or safety terminals. The handgrip portion of the handrails shall be not less than 1-1/2 Inches nor more than 2 inches in cross-sectional dimension or the shape I shall provide and equivalent gripping surface. The handgrip portion of handrails shall have a smooth surface with no sharp corners. Handrails projecting from a wall shall have a space of not less than 1-1/2 inches between the wall and the handrail. (p). Headroom. Every stairway shall have a headroom clearance of not less than 6 feet 8 inches. Such clearances shall be measured vertically from a plane parallel and tangent to the stairway tread nosings to the soffit above at all points. EXCEPTION: Within individual dwelling units the headroom clearance may be reduced to 6 feet 6 inches. (19) UBC Section 3314. Exit signs, Subsection (a) is amended to read as follows: (a). Where Required. Exit signs shall be installed at required exit doorways and where otherwise necessary to clearly indicate the direction of egress when the exit serves an occupant load of 12 or more. EXCEPTION: Within individual dwelling units, guest rooms and sleeping rooms exit signs will not be required. S9/ Ordinance No. Page 11 (20) UBC Section 3802(h). Group R, Division 1 Occupancies, is amendec to read as follows: (h). An automatic sprinkler system shall be installed throughout every apartment house three or more stories in height or containing more than 15 dwelling units, and every hotel three or more stories in height or containing 20 or more guest rooms. Residential or quick -response standard sprinkler heads shall be used in the dwelling unit and guest room portions of the building. For the purpose of this section, area separation walls shall not define separate buildings. (21) UBC Section 4506, Awnings, Subsection (b), is amended to read as follows: (b) Construction. Awnings shall have non-combustible frames but may have combustible coverings. Every awning shall be collapsible or retractable. When collapsed, retracted or folded against the face of the supporting building, the design shall be such that the awning does not block any required exit. EXCEPTIONS: (1) A fixed awning not more than 20 feet in length may be erected over a doorway or window of a building. (2) A fixed awning may be of any length when constructed of a flame retardant material and be designed to allow ground ladder access to the upper level windows. The flame retardance of the material shall be integral to the fabric, not a temporary treatment. Ladder access shall comply with NFPA recommendations, which will be determined by the Fire Chief. (22) Deletions. The following sections of the Uniform Building Code are not adopted: 1. Section 304.(b), (c) and (e). 2. Section 305.(e), 2 and 4. 3. Table No. 3-A. 4. Section 511. 5. Section 1205.(b), (c) and (d). 6. Section 1214. 7. Section 1707.(c) and (d). 8. All Appendix Chapters. SECTION IV. REPEALER: All ordinances and parts of ordinances in conflict with a provision 7 -this ordinance are hereby repealed. SECTION V. SEVERABILITY: If any section, provision or part of the Ordinance shall e adjudged Toe invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIV DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this NAYOR ATTEST: CITY CLERK BS TO, FORM Y xs/8'9 LEGAL DEPARTMENT ��/ b City of Iowa City MEMORANDUM Date: April 17, 1989 To: City Council From: Dick Frantz, Building Official Re: Changes to 1988 Regulatory Codes 1. Local amendments to the 1988 Uniform Building Code a. Allows lowering the ceiling height to 7 feet in existing SFD which existed prior to the adoption of this code. b. Changes the height at which a handrail may be installed to range between 30 and 38 inches. The 1985 code standard is 30 to 34 inches, the 1988 code proposes 34 to 38 inches. C. Changes headroom clearance for stairways within individual units to 6'6" all other stairways will be 6'8". d. Reduce the occupant load factor from 50 to 12 as to when exit signs are required. e. Adds requirement which would not allow you to use an area separation wall to omit the sprinkler system in certain apartment buildings. 2. 1988 UBC - New Requirements a. Every basement within a dwelling unit will need an escape or rescue window. b. Smoke detectors will be required on all floor levels and at the top i of all high ceilings. C. Field identification data will be required on light metal plate I trusses. 3. 1988 Uniform Fire Code new regulations are substantially the same as the changes in the 1988 Uniform Building Code. 4. 1988 Uniform Mechanical Code new requirements, Adds new definition of Unusually Tight Construction, and requires that this type construction have outside air brought into the furnace or mechanical room. 5. 1988 Dangerous Building Code is substantially the same as the 1985 Dangerous I Building Code No significant changes. ORDINANCE NO. N1 ORDINANCE AMEtUING CHAPTER 8, ARTICLE IV, "THE MECHANICAL CODE," BY ADOPTING THE 1983 EDITION OF TIE INIFOR4 MECHANICAL CODE WITH CERTAIN NMENDI•ElfIS THERETO. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOFA: SECTION 1. PURPOSE. The purpose of this ordinance is to adopt the 1898 h icnEd f of 1151 -Form Mechanical Cade as prepared and edited by the Interna- tional Conference of Building Officials and to provide for certain amendments thereof; to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Lara; and to provide for the enforcement thereof and for the penalties for the violation thereof. SECTION 2. ADOPTION. Subject to the following amerdnents, the 1988 Edition of e Uniform amcal Code is hereby adopted. Said Code shall be knorn as the Iowa City Mechanical Code, or the Mechanical Code. SECTION 3. NUDfMS. Article IV of Chapter 8 of the Code of Ordinances of e City otf ofow�Ti—ty, Iowa, is hereby repealed and the following new Article IV (Mechanical Code) is enacted in lieu thereof: ARIICIE IV. lEDMCAL COLE. Sec. 8-9. Adopted. Subject to the following aerdrents, the 1988 Edition of the Uniform Mechanical Code is hereby adopted. Said Code shall be known as the Iowa City Mechanical Code, or the Mechanical Cade. Sec. ". Amuha ds. The 19M Edition of the Uniform Mechanical Cade (LMC) is amended as fol tars: (1) UC Section 203, Board of appeals, is amended to read as follows: Any person affected by any action, interpretation or notice issued by the Building Official with respect to the Uniform Mechanical Code may appeal the decision of the Building Official to the Board of Appeals. Such appeal shall be in accordance with the procedures set forth in the Iowa City Adninistrative Cade. (2) K Section 200, Violations, is amended to read as follows: VIOLATIONS. (a) Notices. Whenever the building Official is satisfied that a building or structure or any work in connection therewith, the erection, construction, alteration, execution, or repair of which is regulated, permitted, or forbidden by this code is being directed, constructed, altered, or repaired in violation of the provision or requirements of this code or in violation of a detailed statement or of a plan submitted and approved thereunder or of a permit or certificate issued thereunder, he/she may serve a written order or notice upon the person responsible therefore directing discontinuance of such illegal action and the remedying of the condition that is in violation of the provisions or requirements of this code. In rase such notice or order is rot prorrptly complied with, the Building Official my request the City Attorney to institute an appropriate action or proceeding at law or in equity to restrain, collect, or remove such violation or the execution of work thereon or to restrain or correct the erection or altera- tion of or to require the removal of or to prevent the occupa- tion or use of the building or structure erected, constructed, .573 Ordinance No. Page 2 or altered in violation of or not in corpliance with the provisions of this code or with respect to which the require- ments thereof or of any order or direction made pursuant to provisions contained therein, shall not have been carplied with. (b) Penalties. A person who shall violate a provision of this code or fail to corply therewith or with any of the requirerrents thereof or who shall erect, construct, alter, or repair or have erected, constructed, altered, or repaired a building or structure in violation of a detailed statment or plan submitted and approved thereunder shall be guilty of a misdemeanor punishable by a fine not exceeding $100 and/or imprisonment not exceeding 30 days. The owner of a building, structure, or premises where anything in violation of this code shall be placed or shall exist and an architect, builder, contractor, agent, person or corporation employed in connection therewith, or any who may have assisted in the cormission of such violation shall be guilty of a separate offense. (c) Abaterrent. The imposition of penalties herein prescribed shall not preclude the City Attorney from instituting appropriate action or proceeding to prevent an unlawful erection, construc- tion, reconstruction, alteration, repair, conversion, mainte- nance, or to restrain, correct, or abate a violation or to prevent the occupancy of a building, structure, or prenises. (3) K Section 304, Fen, sresection (b) is mended to read as follows: (b) Permit Fees. A fee for each pennit and fees for inspections associated with said permits shall be paid to the Building Official as established by resolution of Council. Where work for which a permit is required by this code is started prior to obtaining a permit, the fee specified in this code shall be doubled. The payment of a doubled fee shall rat relieve persons from fully corplying with the requirernents of this code in the execution of their work ear frau any other penalties prescribed herein. (4) K Section 305, Inspections, subsection (f) is mended to read as fol laws: (f) Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is wiled is rat carplete or when required correc- tions have not been made. This provision is rat to be interpreted as requiring inspec- tion fees the first tine a job is rejected for failure to carply with the requirements of this code, but as controlling the practice of calling for inspections before the job is suffi- ciently completed to enable inspection or reinspection. Reinspection fees may be assessed when the approved plans are not readily available to the inspect or, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the Building Official. In instances where reinspection fees have been assessed, no additional inspection of the work will be perfonred until the required fees have been paid. Lica Ordinance No. Page 3 (5) UC Section 509 is a ended to read as follows: Equipment regulated by this code requiring electrical connections Of rune than 50 volts shall have a positive rreans of disconnect adjacent to and in sight fron the equiprent served. A 120 -volt receptacle shall be located within 25 feet of the Equipment for service and maintenance purposes. The receptacle shall be located on the sane level as the equipment. Law -voltage wiring of 50 volts or less within a structure shall be installed in a manner to prevent physical danage. (6) Deletions. TIE FOLLOWING SECTIONS OF M UIIFOF14 PEUMICAL CODE ARE NOT ADOPTED: (1) Table 3-A 2) Section 304(c). 3) All Appendix Chapters. SECTION IV. REPEALER: All ordinances and parts of ordinances in conflict with e provision T ordinance are hereby repealed. SECTION V. SEVEPABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall rot affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval publication as required by law. Passed and approved this KYOR ATTEST: CITY CLERK M TO FOR LEGAL DEPARTMENT ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12, ENTITLED "FIRE PREVENTION AND PROTECTION" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 12-16, 12- 18, 12-19, 12-20, 12-21 AND 12-47, THEREIN TO, RESPECTIVELY, ADOPT THE 1988 EDITION OF THE UNIFORM FIRE CODE WITH CERTAIN AMENDMENTS AND PROVIDING FOR INSPECTION FEES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. PURPOSE. The purpose of this ordinance is to repeal certain sections of the Iowa City Fire Prevention and Protection Code and to adopt the 1988 Edition of the Uniform Fire Code with certain amendments which will then become part of the Iowa City Fire Prevention Code and to provide for the establishment of inspection fees. SECTION 2. That Chapter 12, "Fire Prevention and Protection" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 12-16, and enacting in lieu thereof a new section to be codified the same to read as follows: Section 12-16. Adopted. Subject to the following amendments, the 1988 Edition of the Uniform Fire Code is hereby adopted. SECTION 3. That Chapter 12, "Fire Prevention and Protection" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 12-18, and enacting in lieu thereof a new section to be codified the same to read as follows: Section 12-18. Storage zones for explosives and blasting agents. In accordance with provisions of Section 77.106, the storage of explosives and blasting agents is limited to I-2 zones, as established by Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa. SECTION That Chapter 12, "Fire Prevention and Protection" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 12-19, and enacting in lieu thereof a new section to be codified the same to read as follows: Ordinance No. Page 2 Section 12-19. Storage zones for flammable and combustible liquids in outside above -ground tanks. In accordance with the provisions of Section 79.501, the storage of Class I and Class II liquids in outside above -ground tanks is limited to I- 2 zones, as established by Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa. SECTION S. That Chapter 12, "Fire Prevention and Protection" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 12-20, and enacting in lieu thereof a new section to be codified the same to read as follows: Section 12-20. Storage zones for liquified petroleum gas. In accordance with provisions of Section 82.104, bulk storage of liquified petroleum gas exceeding 2000 gallons water capacity is limited to I-2 zones, as established by Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa. SECTION 6. That Chapter 12, "Fire Prevention and Protection" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 12-21, and enacting in lieu thereof a new section to be codified the same to read as follows: Section 12-21, Amendments. 1988 Edition of the Uniform Fire Code (UFC) is amended as follows: (1) UFC Section 79.201 is hereby amended to read as follows: Section 79.201(a). Scope. This division shall apply to the storage of flammable and combustible liquids in drums or other containers not exceeding 60 -gallon individual capacity and the storage of portable tanks not exceeding 300 gallons individual capacity. For the purpose of this article, flammable aerosols and unstable liquids shall be treated as Class 1-A liquids. (2) UFC Section 10.306(h) Group R, Division I. Occupancies, is hereby amended to read as follows: An automatic sprinkler system shall be installed throughout every 55� Ordinance No. Page 3 apartment house three or more stories in height or containing more than 15 dwelling units, and every hotel three or more stories in height or containing 20 or more guest rooms. Residential or quick - response standard sprinkler heads shall be used in dwelling unit and guest room portions of the building. For the purpose of this section, area separation walls shall not define separate buildings. (3) UFC Section 11.208 is hereby amended to read as follows: (a) For permit to operate a parade float, see Section 4.101. (b) Delete. (c) All motorized apparatus shall be provided with an approved portable fire extinguisher of at least 2-A, 10 -B -C rating readily accessible to the operator. (4) UFC Section 12.108(a) Exit signs, subsection is amended to read as follows: Where Required. Exit signs shall be installed at required exit doorways and where otherwise necessary to clearly indicate the direction of egress when the exit serves an occupant load of 12 or more. EXCEPTION: Within individual dwelling units, guest rooms and sleeping rooms exit signs will not be required. (5) UFC Section 79.601 Division VI Tank storage underground, outside or under buildings, is amended as follows: The United States Environmental Protection Agency (EPA) has new rules and regulations on new and existing underground tanks. The State of Iowa has adopted these rules. Their requirement will supersede the 1988 Uniform Fire Code. SECTION 7. That Chapter 12, "Fire Prevention and Protection" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 12-47, and enacting in lieu thereof a new section to be codified the same to read as follows: 5S0 Ordinance No. Page 4 Section 12-47. Inspectors; inspection fees. (a) The chief of the fire department may detail such members of the fire department as inspectors for the bureau of fire prevention, as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the fire department, and appointments shall be made only after examination and shall be for an indefinite term with removal only for cause. (b) Fees for inspections and other services related to enforcement of the code adopted by Article II of this chapter shall be established by the City Council by resolution and paid to the Fire Department. SECTION 8. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 9. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. SECTION 10 EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLERK fed Form Lega Department n MUTT I i 0 AN ORDINANCE NVE)ING CHAPTER 8, ARTICLE III, a DANGEROUS BUILDING CODE, BY ADOPTING TIE 19833 EDITION OF TFE UIIFORdi CODE FOR TFE ABATEI•ENT OF DANGEROUS BUILDINGS WITH CERTAIN NIEIIFENTTS TINERETO. BE IT ORDAINED BY 1}E CM COUNCIL OF THE CITY OF IOWA CITY, IOWA, MT: SECTION 1. PURPOSE. The purpose of this ordinance is to adopt the 1988 Edi- ioni worm Cade for the Abatement of Dangerous Buildings as prepared and edited by the International Conference of Building Officials and providing for certain amencients thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa; and to provide for the enforcement thereof and for the penalties for the violation thereof. SECTION 2. NQUENTS. Article III of Chapter 8 of the Code of Ordinances of e City of Iowait ty, Iowa, is hereby repealed in its entirety and the follow- ing new Article III (Abatement of Dangerous Buildings) is hereby enacted in lieu thereof: Article III. Abatement of Dangerous Buildings Sec. 8-31. Code - Adopted. The Uniform Cade for the Abatement of Dangerous Buildings, 1988 Edition, is hereby adopted subject to the following amendments. Said code shall be known as the lava City Abatement of Dangerous Buildings Code or the danger- ous building code. Sec. 8-32. Sane - Amendments. The Uniform Code for the Abatement of Dangerous Buildings, 198B Edition, edited by the International Conference of Building Officials, is hereby amended as follows: (1) Sec. 201, General, is amended by adding the following definitions: Building official. The enforcement of the provisions of this cork shall be the responsibility of the building official and whenever the words health officer or fire marshal shall be used in this code, it shall mean the building official. City manager. Whenever the words public works director shall be used in this code, it shall mean the city manager. (2) Sec. 501, Appeal, is amended to read as follows: Any person affected by an action, interpretation or notice issued by the building official with respect to the Uniform Code for the Abate- ment of Dangerous Buildings may appeal the decision of the building official to the board of appeals. Such appeal shall be in accordance with the procedures set forth in the Iowa City Adninistrative Code. Sec. 8-33. Reserved. Sec. 8-34. Notice of proposed orders affecting historic properties. Except for emergencies as determined by the building official pursuant to the ordinances of the City of Iowa City, city enforcement agencies and departments shall give the historic preservation camnission at least thirty (30) days notice of any proposed order which may affect the exterior fea- tures of any building for re"ing conditions determined to be dangerous to life, health or property. Sec. 8-35.-8-43. Reserved. SECTION 3. REPEALER: All ordinances and parts of ordinances in conflict with the provision FIT rs ordinance are hereby repealed. .5-V I Ordinance No. Page 2 SECTION IV. SEVEPABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this ATTEST: CITY CLEW, ` AS TO FO � J�8 i LEGAL DEPARTMENT i i WATER METER SERVICE INSTALLATION PROCEDURE (NEW CONSTRUCTION) Single Family Residential Customer & Commercial Customer (Single Meter) 1) City makes water service tap to main & furnishes stop box (shut off). Charge = $90.50 2) City establishes location of stop box (shut off) after installation. Charge = $0 3) City establishes meter account (meter not yet installed). Charge = $0 4) City initiates construction charge by tattle tale method. Charge = $5.00 /month 5) City babysits construction and at proper time installs remote reader wire. Charge = $0 6) City installs meter and remote reader after construction and just prior to sale of property. Charge = $11.00 each Same Increase charge to $101.50 Same Same Charge = $10.00/month single family Charge = $20.00/month commercial 60 days after establishing meter account City increases construction charge unless meter is in place. Charge = $100.00/month Remote reader wire installed by contractor in conduit Meter and reader furnished by City and installed by contractor. Charge = $60.00 deposit Refund = $75.00 after installa- tion by contractor and inspection by City. SINGLE FAMILY RESIDENTIAL CUSTOMER & COMMERCIAL CUSTOMER (Second Meter) CURRENT PROPOSED 1) Request by Customer. Customer required to render plumbing suitable for meter installation. Set date for setting meter. Charge = $0 2) City sets meter and wires and installs remote reader. City Establishes meter account. Charge = $11.00 3) In the fall of each year the City will plug the meter to prevent use. Charge = $0 i 4) In the spring of each year the City will unplug the meter to I allow use. Charge = $11.00 C:\CHUCK\METER2.WD Same Charge = $65 user fee to defray cost of meter Meter, wire and reader installed by owner or their contractor. Meter and reader furnished by City. Charge = $60.00 deposit Refund = $75.00 after installa- tion by contractor and inspection by City. City establishes meter account. Minimum charge shall be one half of normal minimum charge (The purpose here is to dis- courage requests to plug meters.) Revised 4/17/89 MULTI -FAMILY RESIDENTIAL & MULTI USER COMMERCIAL (NEW CONSTRUCTION) (Multi Meter) 1) City makes water service tap(s) to main and City furnishes stop box(es) (shut off). Charge = $90.50 to $500.00 (Total cost recovered by City) 2) City establishes location(s) of Stop Box(es) after installation. Charge = $0 3) City establishes meter account. (meter not yet installed) Charge = $0 4) City initiates construction charge by tattle tale method. Charge = $10.00 Multi-family/month Charge = $20.00 Commercial/month 5) City babysits construction and at proper time installs remote meter reader wire(s). Charge = $0 6) City installs meter and remote reader after construction and just prior to occupancy. Charge = $11.00 each 7) City verifies that meter, reader, shut off, and account number serve the same unit. Charge = $0 8) City activates meter account for each unit. Same Charge = $101.50 to $500.00 (total cost recovered by City) Same Same Charge = Multi -family $10.00/month Charge = Commercial $20.00/month 60 days after establishing meter account, City increases construction charge unless meter is in place. Charge = $100.00/month Remote reader wire installed by contractor in conduit Meter and remote reader installed by contractor, furnished by City. Contractor keeps record of installation. Charge = $60.00 deposit for each meter Refund = $75.00 for each meter after installation and inspec- tion by the City. City cooperates with contractor to verify that meter, reader, shut off, and account number serve the same unit. City activates meter account for each unit. .5?? MULTIFAMILY RESIDENTIAL & MULTI USER COMMERCIAL (NEW CONSTRUCTION) (Multi Meter) 1) City makes water service tap(s) to main and City furnishes stop boxes) (shut off). Charge = $90.50 to $500.00 (Total cost recovered by City) 2) City establishes location(s) of Stop Box(es) after installation. Charge = $0 i 3) City establishes meter account. (meter not yet installe j Charge = $0 4) City initiates construction charge by tattle tale method. Charge = $10.00 Multifamily/ or Charge = $20.00 Commercial/T61;1 5) City babysits construction and at proper time installs remote ote meter reader wire(s). Charge = $0 6) City installs meter and remote reader after construction and just j prior to occupancy. Charge = $11.00 each 7) City verifies that meter, reader, shut off, and account number serve the same unit. Charge = $0 8) City activates meter account for each unit. Same Charge = $101.50 to $500.00 (total cost recovered by City) Same Charge = Multi -family $10.00 Charge = Commercial $20.00 60 days after establishing meter account, City increases construction charge unless meter is in place. Charge = $100.00/month Remote reader wire installed by contractor in conduit ie er and remote reader insl led by contractor, furnished by City. Contractor keeps record of installation. Charge $60.00 deposit for each meter Refund = $75.00 for each meter after installation and inspec- tion by the City. City cooperates with contractor to verify that meter, reader, shut off, and account number serve the same unit. City activates meter account 6!F? 47 for each unit. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTION 15-66 THEREOF, AND ENACTING IN LIEU THEREOF A NEW CODE SECTION TO BE CODIFIED THE SAME, PROVIDING FOR THE ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR COMBINED WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION BE Iq ORDAINED BY THE CITY COUNCIL OF THE CITYOF IOWA CITY, IOWA: SECTION I. That Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the\ same is hereby amended by repealing Section 15-66, thereof, and enacting in lieu thereof a new section to be codified the\same to read as follows: Sec. 15-66. aposit upon establishment of account; Deposit upon delinquency o account. (a) Upon initial establishment of a resident ialOvate service coa residential sewer service ac ount, and a residenti 1 solid waste collection account, r any these, with -the cty, r Pon re- establishment of such ac ounts with the city, the person est lishing the account shall be requir to execute a service agreement an make a combined account eposi before commencement of th city's ervice. The /deposishall t of the posit sha 1 be as provin the schedule of fees, Sect32.1-55. The deposit hall be hither ntil three (3) y ars afteablis ment of the account r untirvic is terminated and t e accocl ed, whichever occurs\ firsAt hat time, the amount of the i shall be credited to the cust' account.(b) A deency deposit may be charged uponeated delinquency of any watevice account, sewer service accoand/or residential solid wastllection account. Upon the occgrrence of a delinquent water service account, sewer service account and/or residential solid waste collection account resulting in a second delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average 599 Ordinance No. Page 2 two-month billing for their account. The average two-month billing shall be based upon the actual billings during the prior twelve-month period. If the consumer already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one year after the establishment date or one year after the last o'currence of a charge for a delinqu nt account, whichever occurs last The deposit shall be released whe service is terminate and the accou is closed. At th time, the amouny*h he deposit sh 1 be credited the custom 's account. SECTION II. REPEALER1 ordinanc s and parts of ordinances nflict with the provisions of this a a ar hereby i repealed. These are: SECTION III. SEVERABCLU If any of the provisions of trdin pce are for any reason declared il void, then the lawful provisiont s 0 dinance, which are severable said lawfulprovisions, shall beremain 1 fullforce and effect, ame as i the Ordinance contained llegal or oid provisions. SECTION IV. EFFE DATE: Th's Ordinance shall be mull force and effec from and after it final passage and publication as by 1 w provided. Passed and aper ved this App ved to Form Legal Department .599 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTION 15-66 THEREOF, AND ENACTING IN LIEU THEREOF A NEW CODE SECTION TO BE CODIFIED THE SAME, PROVIDING FOR THE ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR COMBINED WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 15-66, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 15-66. Deposit upon establishment of account; Deposit upon delinquency of account. (a) Upon initial establishment of a residential water service account, a residential sewer service account, and a residential solid waste collection account, or any of these, with the city, or upon re- establishment of such accounts with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of the city's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1-55. The deposit shall be held either until three (3) years after establishment of the account or until service is terminated and the account closed, whichever occurs first. At that time, the amount of the deposit shall be credited to the customer's account. (b) A delinquency deposit may be charged upon repeated delinquency of any water service account, sewer service account, and/or residential solid waste collection account. Upon the occurrence of a delinquent water service account, sewer service account and/or residential solid waste collection account resulting in a second delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average Ordinance No. Page 2 two-month billing for their account. The average two-month billing shall be based upon the actual billings during the prior twelve-month period. If the consumer already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one year after the establishment date or one year after the last occurrence of a charge for a delinquent account, whichever occurs last. The deposit shall be released when service is terminated and the account is closed. At that time, the amount of the deposit shall be credited to the customer's account. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: Ordinance No. 87- 3336, §3, 9-8-87. SECTION III. SEVERABILITY CLAUSE: If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication as by law provided. Passed and approved this ATTEST: CITY CLERK Ap o ed a to Form 31a7h?7 Legal Department P"99 It was moved by and seconded by the Ordinance as read be adopted, and upon roll call therethere w� — that AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald First Consideration Vote for passage: i Second Consideration Vote for passage: i ! Date published ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 32.1-55 AND 32.1-73 THEREIN TO, RESPECTIVELY, REVISE WATER SERVICE CHARGES AND FEES, INCREASE FEE FOR TEMPORARY WATER USE DURING CONSTRUCTION, AND ESTABLISH A DELINQUENCY DEPOSIT, COMBINED, FOR CITY WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS. BE IT ORDAINEd'1\THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordinance of the City of Iowa 01ty, Iowa, be, and the same is hereby amended by repealing Section 32.1-55, and enacting in lieu thereof a new section to be codified the same to read as follclJ Sec. 32.1-55. Fee or \forann thorized in Chapter 15. Municipal Code Section Authorizing Fee Charge, Fine or on of Fee, Penalty: Ch, or Penalty: Charge: Sec. 15-31 Fe@l solid waste One dollar ($1.00) per collection permit collection vehicle per year Sec. 15-65(a) Sec. 15-65(b) Sec. 15-66(a) Sec. 15-66(b) Residential soli collection fee Rates effective or after: per dwelling uni per two rooming Landfill use ee Rates Effe iv City fee State f Total Min waste ills on Sept. 1 Sept. 1 1988 1989 month $5.25 $5.50 er month $5.25 $5.50 bsit fee for combined city er and/or sewer and/or id waste collection accounts Delinquency deposit for com- bined water and/or sewer and/or waste collection accounts. July 1 July 1 1988 1989 $7.75 $8.00 $1.50 $2.00 $9.25 $10.00 $1.25 $1.35 Residential account: $50.00 per combined resi- dential service for city water and/or sewer and/or solid waste collection service. In an amount equal to the average two-month billing for the delinquent account. foo Ordinance No. Page 2 SECTION 2. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-73, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 32.1-73. Fees and Charges Authorized in Chapter 33. Municipal Code Section Authorizing Fee Charge, Fine or Description of Fee, Eff. Eff. Eff. Penalty: C�arge, Fine, or Penalty 9/1/86 9 1 87 9/1/88 Goo i Sec. 33-45 Sewe Service Charges: Minimu monthly charge (includes the fi t 200 cu. ft. of water used) $3.00 $4.75 $5.75 Monthly for each addi- tional 1ft. of water \arge used. 5.66 $1.04 $1.26 Eff. Eff. Monthly surca ge 9/1/86 9 1 88 BOD (per pound) $.06 $.10 SS (per pound) $.06 $.06 The user charge w 1 be effective with the billing sent after the effective d e listed in the preceding chart. Sec. 33-46(h) Fee for deli quent s wer service Three dollars ($3.00) for account each water service account not paid within 30 days of billing date. Fee is waived for first occurrence in each calendar year. (c) Sec. 33-48(a) Dq osit fee for combined ci y Residential account - yr5ter and/or sewer and/or so id $50.00 per combined resi- Gaste collection accounts. dential service for city water and/or sewer and/or solid waste collec- tion service. Commercial account - an amount equal to the two- month billing for commer- cial service for city water and/or sewer service. Sec. 33-48(b) Delinquency deposit for com- In an amount equal to the bined city water and/or sewer average two-month billing and/or solide waste collection for the delinquent account. accounts. Goo i Ordinance No. Page 3 _ (d) Sec. 33-149(a) Meter deposit. a) Deposit fee for new meter $60.00 and outside meter reader. b) Refund for each new meter, $75.00 outside meter reader, and wiring correctly installed. Sec. 33-149(b) Second meter fee $65.00 (non-refundable) (e) Sec. 33-163 Wat Service Charges: Monthl user charges for METER' water s vice for the first SIZE Eff. Eff. Eff. two hund d (200) feet or Enche 9/1/86 9 1 88 9/l/88 less of w er used, based on meter si e. 5 8 $ 3.25 $ 3.60 $ 3.80 /4 3.75 4.15 4.35 1 4.40 4.85 5.10 -1/2 8.75 9.65 10.15 2 11.75 12.95 13.60 3 21.75 23.95 25.15 i 4 37.95 41.75 43.85 6 76.40 84.00 88.20 The minimum user bar s for larger meters will be based on comparative costs t 6" meter. The minimum user charge for a customer who furn rhes the meter at their own costs will be based on the minim for a 5/8" meter, regardless of the size. There will be no m nimum monthly charge for the second j water meter from No ember to March for those months during which no wat is used. Monthly us charges for water in xcess of 200 cubic fQ t per month. MONTHLY USAGE Eff. Eff. Eff. Cu. Ft. 9/1/86 9 7 88 9/l/88 Ne2,800 $ .75 $ .83 $ .87 Nex 17,000 .45 .50 .53 Over 0,000 .40 .44 .46 SM ec. 33-164 ee for temporary water use during construction for the first 60 days from the date of the service tap for a new service or for a maximum of 60 days for reconstruction: G00 Ordinance No. Page 4 (9) Sec. 33-165 (h) Sec. 33-167 (i) Sec. 33-169(a) (J) Sec. 33-169(b) Single and two (2) family residences Ten dollars ($10.00) per month. Multi -family residences Ten dollars ($10.00) per month. Commercial structures Twenty dollars ($20.00) per month. Fee for temporary water use after 60 ds far any structure shall be $ 100. 0 per month until the meter is ins alled. Fee for erect purchase of water ne dollar ($1.00) per two � ndred gallons or fraction thereof. Fee for del nquent water service Three dollars ($3.00) account. for each water service account not paid with- in 30 days of billing date. Fee is waived for first occurrence in each calendar year. Deposit fee for ined city water Residential account - and/or sewer and/ solid waste $50.00 per combined collection acco t residential service for city water and/or sewer and/or solid waste collection service. Commercial account - an amount equal to the two-month billing for commercial service for city water and/or sewer service. Delinquency deposit fee for combined In an amount equal to water and/or sewer and/or solid the average two-month waste collection accounts. billing for the delin- quent account. foo i Ordinance No. Page 5 boo Sec. 33-169(c) Fees and charges for various consumer services Tap Fees: Size Tat Corps Curbs Boxes 1" $18.30 $18.35 $ 35.70 $29.15 1}" $24.05 $34.90 $ 58.10 $40.75 1#" $29.40 $48.25 $ 77.40 $40.75 2" $33.10 $78.15 $115.50 .$40.75 1}", 1#" nd 2" will require saddles wIich are to be charged at the Cit 's cost plus a stocking fee. Installation and connection fees: Size Cost 6" $15.00 per 1' ear foot 8" $18.80 per inear foot 10" $24.00 per linear foot 12" $29.70 p linear foot 16" $39.40 er linear foot Sec. 33-169(c) Service Fees Fee Fee During Normal After Normal Service Working Hours Working Hours a) Reconnection f discont nued $15.00 $30.00 service b) Removal fee for disconnec ing $25.00 Not done after and removing a second mete normal working hours. C) Connection fee for resetting $15.00 $30.00 meter or restarting service d)Carding fee for shutting off $15.00 $30.00 in collection procedure Check leaky meters No Charge No Charge f) Frozen meters $15.00 + cost $30.00 + cost of meter repair of meter repair g) Shut-off service at curb & No Charge $30.00 + hourly check for exterior leaks rate for time over 2 hours boo Ordinance No. _ Page 6 h) Broken hydrant i) Location of water main for other utilities j) Location of water main for private enterprise Repair Cost $30.00 + repair cost No Charge No Charge No Charge k) Meter accuracy check at $30.00 consumer's request 1) Fire hydr t fee for inspection $50.00 and operat n of fire hydrants which are p ivately owned or owned by oth governmental agencies. If service is re to after -hour fee shall e hour fee. In additio hours, an additional expense and actual empl service division's norm daily. $30.00 + hourly rate for time over 2 hours Not done after normal working hours Not done after normal working hours outside normal working hours, a $30.00 charged in addition to the normal working when service time after hours exceed two harge will be/added to cover equipment 'Mee wages, including overtime. The water II*orking hodrs are 8:00 a.m. to 4:00 p.m. SECTION 3. SEVERABILITY: If any of the reason declared illegal or void, then which are severable from said unlawful force and effect, the same as if the/ provisions. / sions of this Ordinance are for any awfulprovisions of this Ordinance mions, shall be and remain in full ice contained no illegal or void SECTION 4. REPEALER. All ordinas or parts of ord provisions of this Ordinance are IncheFeby repealed. \heSECTION 5. EFFECTIVE DATE: Th)4rdinance shall b and after its final passage and publication as by law. Passed and approved this MAYOR ATTEST: CITY CLERK inances in conflict with the se are: n full force and effect from A, ro d s o Form ' 3/r�/�� Lega Department /oo ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 32.1-55 AND 32.1-73 THEREIN TO, RESPECTIVELY, REVISE WATER SERVICE CHARGES AND FEES, INCREASE FEE FOR TEMPORARY WATER USE DURING CONSTRUCTION, AND ESTABLISH A DELINQUENCY DEPOSIT, COMBINED, FOR CITY WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordinance of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-55, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 32.1-55. Fee or Charges Authorized in Chapter 15. Municipal Code Section Authorizing Fee Charge, Fine or Description of Fee, Penalty: Charge, Fine, or Penalty: Charge: Sec. 15-31 Fee for annual solid waste One dollar ($1.00) per collection permit collection vehicle per year Sec. 15-65(a) Residential solid waste 1988 collection fee $5.25 Rates effective for bills on $5.25 or after: per dwelling unit, per month per two rooming units, per month Sec. 15-65(b) Landfill use fee Rates Effective: City fee State fee Total fee Minimum Sec. 15-66(a) Deposit fee for combined city water and/or sewer and/or solid waste collection accounts. Sec. 15-66(b) Delinquency deposit for com- bined water and/or sewer and/or waste collection accounts. Sept. 1 Sept. 1 1988 1989 $5.25 $5.50 $5.25 $5.50 July 1 July 1 1988 1989 $7.75 $8.00 $1.50 $2.00 $9.25 $10.00 $1.25 $1.35 Residential account: $50.00 per combined resi. dential service for city water and/or sewer and/or solid waste collection service. In an amount equal to the average two-month billing for the delinquent account. Ordinance No. _ Page 2 SECTION 2. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-73, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 32.1-73. Fees and Charges Authorized in Chapter 33. Municipal Code Section Authorizing Fee Charge, Fine or Description of Fee, Eff. Eff. Eff. Penalty: Charge, Fine, or Penalty 9/1/86 9 1 87 9/1/88 (a) Sec. 33-45 (b) Sec. 33-46(h) (c) Sec. 33-48(a) Sewer Service Charges: Minimum monthly charge (includes the first 200 cu. ft, of water used) $3.00 $4.75 $5.75 Monthly charge for each addi- tional 100 cu. ft. of water used. $.66 $1.04 $1.26 Eff. Eff. Monthly surcharge 86 88 BOD (per pound) $.06 $.10 SS (per pound) $.06 5.06 The user charge will be effective with the billing sent after the effective dates listed in the preceding chart. Fee for delinquent sewer service Three dollars ($3.00) for account each water service account not paid within 30 days of billing date. Fee is waived for first occurrence in each calendar year. Deposit fee for combined city water and/or sewer and/or solid waste collection accounts. Sec. 33-48(b) Delinquency deposit fee for com- bined city water and/or sewer and/or solide waste collection accounts. Residential account - $50.00 per combined resi- dential service for city water and/or sewer and/or solid waste collec- tion service. Commercial account - an amount equal to the two- month billing for commer- cial service for city water and/or sewer service. In an amount equal to the average two-month billing for the delinquent account. Z-0 Ordinance No. _ Page 3 (d) Sec. 33-149(a) Meter deposit. a) Deposit fee for new meter $60.00 and outside meter reader. b) Refund for each new meter, $75.00 outside meter reader, and wiring correctly installed. Sec. 33-149(b) Second meter fee $65.00 (non-refundable) Sec. 33-163 Water Service Charges: Monthly user charges for METER water service for the first SIZE Eff. Eff. Eff. two hundred (200) feet or Inches 9/1/86 9 1 88 9/1/88 less of water used, based on meter size. 5/8 f 3.25 $ 3.60 $ 3.80 3/4 3.75 4.15 4.35 1 4.40 4.85 5.10 1-1/2 8.75 9.65 10.15 2 11.75 12.95 13.60 3 21.75 23.95 25.15 4 37.95 41.75 43.85 6 76.40 84.00 88.20 The minimum user charges for larger meters will be based on comparative costs to a 6" meter. The minimum user charge for a customer who furnishes the meter at their own costs will be based on the minimum for a 5/8" meter, regardless of the size. There will be no minimum monthly charge for the second water meter from November to March for those months during which no water is used. Monthly user charges for MONTHLY water in excess of 200 USAGE Eff. Eff. Eff. cubic feet per month. Cu t 9/1/86 9/1/88 9 88 Next 2,800 f .75 $ .83 f .87 Next 17,000 .45 .50 .53 Over 20,000 .40 .44 .46 f Sec. 33-164 Fee for temporary water use during construction for the first 60 days from the date of the service tap for a new service or for a maximum of 60 days for reconstruction: 1010 Ordinance No. _ Page 4 (g) Sec. 33-165 (h) Sec. 33-167 Sec. 33-169(a) Sec. 33-169(b) Single and two (2) family residences Ten dollars ($10.00) per month. Multi -family residences Ten dollars ($10.00) per month. Commercial structures Twenty dollars ($20.00) per month. Fee for temporary water use after 60 days for any structure shall be $100.00 per month until the meter is installed. Fee for direct purchase of water One dollar ($1.00) per two hundred gallons or fraction thereof. Fee for delinquent water service Three dollars ($3.00) account. for each water service account not paid with- in 30 days of billing date. Fee is waived for first occurrence in each calendar year. Deposit fee for combined city water Residential account - and/or sewer and/or solid waste $50.00 per combined collection accounts. residential service for city water and/or sewer and/or solid waste collection service. Commercial account - an amount equal to the two-month billing for commercial service for city water and/or sewer service. Delinquency deposit fee for combined In an amount equal to water and/or sewer and/or solid the average two-month waste collection accounts. billing for the delin- quent account. i I I Goo Ordinance No. _ Page 5 (k) Sec. 33-169(c) Fees and charges for various consumer services Tap Fees: Size Ta2 CgrDS Curbs Boxes 1" $18.30 $18.35 $ 35.70 $29.15 11" $24.05 $34.90 $ 58.10 $40.75 IV $29.40 $48.25 S 77.40 $40.75 2" $33.10 $78.15 $115.50 $40.75 11", 11" and 2" will require saddles which are to be charged at the City's cost plus a stocking fee. Installation and connection fees: Size Cost 6" $15.00 per linear foot 8"$18.80 per linear foot 10" $24.00 per linear foot 12" $29.70 per linear foot 16" $39.40 per linear foot (1) Sec. 33-169(c) Service Fees Service a) Reconnection of discontinued service b) Removal fee for disconnecting and removing a second meter c) Connection fee for resetting meter or restarting service d) Carding fee for shutting off in collection procedure e) Check leaky meters f) Frozen meters g) Shut-off service at curb & check for exterior leaks Fee During Normal Working Hours $15.00 $25.00 $15.00 $15.00 Fee After Normal Working Hours $30.00 Not done after normal working hours. $30.00 $30.00 No Charge No Charge $15.00 + cost $30.00 + cost of meter repair of meter repair i No Charge $30.00 + hourly rate for time over 2 hours Goo I Ordinance No. _ Page 6 h) Broken hydrant Repair Cost $30.00 + repair cost i) Location of water main for No Charge No Charge other utilities j) Location of water main for No Charge $30.00 + hourly private enterprise rate for time over 2 hours k) Meter accuracy check at $30.00 Not done after consumer's request normal working hours 1) Fire hydrant fee for inspection $50.00 Not done after and operation of fire hydrants normal working which are privately owned or hours owned by other governmental agencies. i If service is requested outside normal working hours, a $30.00 after -hour fee shall be charged in addition to the normal working hour fee. In addition, when service time after hours exceed two hours, an additional charge will be added to cover equipment expense and actual employee wages, including overtime. The water service division's normal working hours are 8:00 a.m. to 4:00 p.m. daily. SECTION 3. SEVERABILITY: If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance which are severable from said unlawful provisions, shall be and remain in full I force and effect, the same as if the Ordinance contained no illegal or void provisions. I SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: (1) Ordinance No. 87-3342, §1 (part), 9/8/87. (2) Ordinance No. 88-3371, §2, 4/5/88. (3) Ordinance No. 88-3380, §1, 5/17/88. SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication as by law. provided. Passed and approved this MAYOR ATTEST: CITY CLERK *ga s o Form partment ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 33 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, (1) BY REPEALING SECTIONS 33- 48, 33-149, 33-163, 33-164, 33-165, AND 33- 169 THEREOF, AND ENACTING IN LIEU THEREOF NEW S CTIONS TO BE CODIFIED THE SAME, PROVIDI G FOR (A) THE ESTABLISHMENT OF A DELINQUE CY DEPOSIT FOR COMBINED WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS, (B) REVISIONS IN PROCEDURES FOR THE INSTALS TAND (C) REVISIONS TOION OF PRIMARY DFEES CFOR OND WATER METERS, SECOND WATER ETERS, FOR WATER USE DURING CONSTRUCTION, AND FOR DIRECT WATER PURCHASE; (2) B ENACTING TWO NEW SECTIONS TO BE CODIFIED A�SECTIONS 33-156 AND 33- 167, PROVIDING FOR CHANGES IN THD PROCEDURES FOR REM TIAL OF WATER METERS, SETTING FORTH T\OTH S AND BIL NG PROCEDURE UPON CHANTENANT ACCOU IN A SEPARATE CODE N; AND ( BY DELETING SUBSECTIO) AND (e FROM SECTION 33-154 DUEHE INCL ION OF THOSE PROVISIONS INSECTIOP . BE IT ORDAINED BY THE CIT CO NCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 3�o the Code of Ordinances of the City of c'. City, Iowa, be, and the same is hereby mended by f repealing Section 33-48 the of, and enacting in lieu ther 6f a new se tion to be codified the same71a read as fo ows: Sec. 33-46. Deposit upon establi nt OF account; depos i upon delinquent hof account. (a) Upon initi5l establishment of a residentiall water service account, a residential sewer service account, and a J residential solid waste collection account, or any of these, with the city, or upon re- establishment of such accounts with the city, the person establishing the acunt shall be required to execute a service agreement and make a mbined account deposit before commencement of city's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1-73. bot Ordinance No. Page 2 Upon initial establishment of a commercial water service account, or a commercial sewer service account, or either of these, with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of the City's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1- 73. Deposit shall be held either until' three years after establishment�of 7 the account, or until servic� is terminated and the account c osed, whichever occurs first. that time, the amount of the depo it shall be credited to the ustomer's account. (b) A delinquency deposit ma be charged upon repeated delinq ency of any water service account sewer service account, and or re idential solid waste collection a count. Upon the occurrence of a delinquent water service accoun' sewer service account and/or/ esidential solid waste collectio ac ount resulting in a second delinquency charge in a calendar year/ the c6 sumer shall be required to,fnake a c mbined account deposit which is equal'o the average two-month billing for their account. The average two-month billing shall be based upon the actual billings during the prior twelve -mon period. If tithe consumer alread has a combined deposit being hel that depos77't amount shall be increa ed to the 9hoper amount for a delinq ency depopit. Delinquency deposits shall be held eit'er one year after the\ establishment date or one year after they last occurrence of a charge for a delinquent account, whichever occurs last. The deposit shall be released when service is terminated and the account is closed. At that time, the amount of the deposit shall be credited to the customer's account. WQt Ordinance No. Page 3 SECTION II. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-149, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sect. 33-149. Required metering of water use. (a) Requirements for Installation of Water Meters. All water furnished to the consumers shall be metered unless provided otherwise by ordinance. A1� meters and remote meter readers Vshabe furnished by the departmenf public works, but owner must pre uitable location and piping sm for same. The owner shap be resp nsible for procurin the insta lation of each meter f rnished by the city on all new cor4truction or remo el work, which 1 stallation shall b performed by a licensed plumber nder a plu ing permit issued pui`�uant to Ch} ter 8 of the Code of Or finances gf the City of Iowa City, Iowa/ On new construction, the ter(s) shall be installed at\d1nances Sime time as, or no later than tstallation of, the plumbing fixs. The meter(s) shall be ined in a location which provide same access and working space as required for water heatersp vided in Chapter 8 of the Cgd0 dinances of the City of Iowa , Io a. The supply or "in"�idf th piping and valving shallarked ith a tag at the meteslocn. Th owner shall provide and ill cond it (} inch minimum size) wire fo a remote meter readerFor multi le meter settiqgs, theer shall 1 bel the individual wires to correspon to the proper meter inside. The met r and wirej installation must comply with City specifications. Upon completion of the installation of the meter(s) and related piping, the owner, or the owner's plumbing contractor or authorized agent, shall arrange, by appointment, for a field test and 106/ Ordinance No. Page 4 verification that each meter and meter reader is operating properly. The public works department (water division) will meet with the owner, or the owner's plumbing contractor or authorized agent to verify that the installation is correct and to install the account number. Piping systems shall be so constructed and the meters so placed that all water to be used in or about the premises shall pass through the water meter(s). The owner shall be responsible for compliance with this provision and shall be liable for payment of water used in violati n hereof. A meter de\tthe in the amoun set forth in thedule of fees, Section 32.1 -ll be requ' ed for each meter ed by t e City. Upon properpletion of the installation e mete , a refund will be givep rson makingthe deposit. (b) Requirements ns llation of a Second Meter. A seg d meter is any meter which measure water use which does not discharge'nto the City's sanitary sewer st m or require treatment at th se ge treatment plant, such irr gation, air conditioning/Ilk imming ools or the like. A propertner with n existing water servicccount ma apply to the publics departme t (water division) f r a second meter. If the finance d partment determin s that such pr perty is eligibl for installa ion of a second mete the meter ill be provided to the prope?able owner, or the own is plumbcontractor or authori ed agentupon payment of a n - refur) second meter fee, as s forty in the schedule of fees, section 32.1-73. A second meter, like the primary meter, must be valved on both the inlet and outlet sides. The second meter shall be installed with a backflow preventer valve on the 401 ordinance No. Page 5 outlet if the plumbing does not already include these valves on all hose bibs connected to the meter. A second meter must be installed in compliance with all other requirements set forth in (a) above. A second meter shall not be removed temporarily from service during winter months. To properly remove a second meter, the plumbing must be physically restored so that no jumper may be installed. SECTION III. That Chapter 33 of the Cod of Ordinances of the City of Iowa Ci , Iowa, be, and the same is hereby amend by repealing Section 33-163, thereo and enacting in lieu thereof a new sq tion to be codified the same to read as ollows: Sec. 33-163. Rate . (a) All users of city water ervice shall be charged: (1) A minimum on read/ charge for the first hundred (200) cubic feet, r less, of water usage, based n meter size, and (2) A monthlysch rge on all water used in exces of two hundred (2 00) cu pic fe t per month, and (3) There will a no minimum mont:1 bill fo a second water meter from No ember through March of each y ar for those months during whi h no water is Said charges shall a for the quantities of water used no shall be in th4 amount set for in the n sched le of fees, Sectio1-73. (b) The rates and chargesherein esta lished and set forth in the sch dule of fees shall applym y to pro erties located withi the co porate limits of the City o Iowa CTCi y. Where another muni ipal -rporation has entered int a Ec ntract with the City of Iowa C ty, t rates provided for in sch contract shall prevail. For a 1 areas outside the corporate limits o the City of Iowa City for which there is no prevailing contract, the rate shall be established as fifty (50) 4oy Ordinance No. Page 6 percent above those provided in the schedule of fees. (c) The water rates and charges herein established will be effective with the billings sent after the effective dates listed in the schedule of fees. SECTION IV. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-164, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-164. Temporary use during construction. (a) When temporary water service is requested for a structure under construction, the owner or contract shall pay a temporary fee based on the type of structure nder construction and t e length time temporary water ser ice is ilized, as set forth in the chedu of fees, Section 32.1-73. (b) If such rates are in d uate for the amount of water to a used, the department of publ c works may establish higher/ ates for a particular premiss. (c) The water used u der is provision may not be used/to sett a ditches or irrigate lawns" or gard s; and the department of public works may discontinue service to a owner or contractor who has faile to water supplied 9"r used contrar to the provision of this section. SECTION V. That Chapter 33 of the Code of Ordinances of the City of Iowa Cit Iowa, be, and the same is hereby amen ed by repealing S ction 33-165, thereof and enacting in ieu thereof a new secti n to be codified the same to read as follo Sec. 33-7165. Direct purchase rates Waterhn be purchased at the wa r pumping P nt or at any other location th t may be d signated by the department o public w rks for that purpose. Water purchased in tanks furnished by the purchaser will be charged at the rate provided therefore in the schedule of fees, Section 32.1-73. The department of public works will not be responsible for the purity of water after it leaves the supply Goy ordinance No. Page 7 line when it is delivered to the purchaser's container. SECTION VI. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-169, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-169. Deposit upon establishment of account; Deposit upon delinquency of account; Fees and charges for consumer services. (a) Upon initial establishment of residential water service accoun , a residential sewer service ac unt, and a residential solid waste collection account, or any oo these, with the ci or pon re- establishment o such ac ounts with the city, the per on est lishing the account shall be requi d to execute a service agre men and make a combined accoun eposit before commencement of c men/ 's service. The amount of the de sit shall be as provided in the chedule of fees, Section 32.1-73. Upon initial a tablishment of a commercial wat r se vice account, or a commercial ewer ervice account, or either of these, with the city, the person establish ng the account f shall be required to execute a service agrgement and ake a combined account deposit befor commencement 1, of the City's service. The amount of the deposjit shall be as provided in the scleiars ule of fees, S ction 32.1- 73. Depotshall be held a ther until three after establi hment of the acbount, or until se vice is terminated and the account closed, which ver occurs first. t that time, the amount of the deposi shall be redited to the cust er's (b) A del/inquency deposit may be cha ged upon repeated delinquency of ny water service account, sewer service account, and/or residential solid waste collection account. Upon the occurrence of a delinquent water 0/ Ordinance No. Page 8 service account, sewer service account and/or residential solid waste collection account resulting in a second delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average two-month billing for their account. The average two-month billing shall be based upon the actual billings during the prior twelve-month period. If the consumer already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall b/ef either one year after establishment to or one year the last occurr nce of a chaff a delinquent account, Ifichever occurs last. The deposit shall be released when service is terminated and the account rs closed. At that time, the amount of the deposit shall be credited td the customer's account. I 7 (c) Fees and charges fdr various consumer services, in di water main taps, water main i stallation and connection fee a d routine water service procedure are hereby established. Such ees and charges shall be as set forth in the schedule of fees, Section 32.1 73. SECTION VII. That%Chapter 3 of the Code of Ordinances of/the City f Iowa City, Iowa, be, and the same is here y amended by enacting a new section, Sec ti 33-156, to read as follows; Sec. 33-156.' Removal of met rs. (a) Whenever a water meter is cated in premises that are to be r odeled, removed, or destroyed, or w @re the service is to be discontinued, the owner f such premises shall give notice in* writing to the department of pub is works requesting removal.of such meters and granting access thereto to city personnel for that purpose. The owner, or the owner's authorized agent, shall be Goy Ordinance No. Page 9 responsible for the meter until such written notice is given and the meter is recovered. If the meter is damaged, buried, or lost, the owner shall be required to pay for the same at cost less depreciation, and such amount shall be charged to the owner's water service account for that property, or any other active water service account in the owner's name. (b) Prior to removal of a second meter, the plumbing shall be inspected by the public works department (water division) to verify that said plumbing has been physically altered so as to thereafter direct all water through the prim y meter. SECTION VIII. That Ch pter 33 of the C e of Ordinances of the ity of Iowa C'ty, Iowa, be, and the same is hereby amen d by enacting a new section Section 33- 67, to read as follows: Sec. 33-167. Fees aid billing rocedure upon change in tenant ccount. When a tenant noti ies t city that he/she is moving and no ane h s authorized service to start for a n w t$fiart, the city shall automatically pla a �Se account into the name of the owner/ arager. Billings generated during the f st fifteen (15) days, after which a renta property account has been put into the wner's/manager's name, shall include /cha gas for actual water usage only; no min mum charges or refuse charges will/be inc uded. In such instances, the meter(s) need not be removed, and no reading ee shall be charged on the automatic turn to the owner's/manager's name. When an owner/manager receives a bi 1 for water usage, for the interim period between tenants, he/she may determine t at the bill should be paidby the tenant and` inform the tenant of his�her responsibilitylto pay the bill. Upon written notification from the owner/agent,4'the city will transfer the billed amount'to the tenant's account. SECTION IX. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing subsections (d) and (e) of 4o/ Ordinance No. Page 10 Section 33-154, and by renaming said Section as "Protection of Meters." SECTION X. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: SECTION XI. SEVERABILITY CLAUSE: If any of the provisions of this Ordinance are f any reason declared illegal or void, en the lawful provision of this Ord in ce, which are severable from said u awful provisions, shall be nd remain n full force and effect, th same a if the Ordinance contained no illeg or void provisions. SECTION XII. EFFECTI E DATE: This Ordinance shall be in full f6rce and effect from and after its fi passage and publication as by law pr vi ed. Passed and approved his AA ovedEal. o Form \ Legal Department Go/ ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 33 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, (1) BY REPEALING SECTIONS 33- 149, 33-163, 33-164, 33-165, AND 33-169 THEREOF, AND ENACTING IN LIEU THEREOF NEW SECTIONS TO BE CODIFIED THE SAME, PROVIDING FOR (A) REVISIONS IN PROCEDURES FOR THE INSTALLATION OF PRIMARY AND SECOND WATER METERS, AND (B) REVISIONS TO FEES FOR SECOND WATER METERS, FOR WATER USE DURING CONSTRUCTION, AND FOR DIRECT WATER PURCHASE; (2) BY ENACTING THREE NEW SECTIONS TO BE CODIFIED AS SECTIONS 33-48, 33-156 AND 33-167, PROVIDING FOR (A) THE ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR COMBINED WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS, (B) CHANGES IN THE PROCEDURES FOR REMOVAL OF WATER METERS, AND (C) SETTING FORTH THE FEES AND BILLING PROCEDURE UPON CHANGE IN TENANT ACCOUNT IN A SEPARATE CODE SECTION; AND (3) BY DELETING SUBSECTIONS (d) AND (e) FROM SECTION 33-154 DUE TO THE INCLUSION OF THOSE PROVISIONS IN OTHER SECTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-149, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sect. 33-149. Required metering of water use. (a) Requirements for Installation of Water Meters. All water furnished to the consumers shall be metered unless provided otherwise by ordinance. All meters and remote meter readers shall be furnished by the department of public works, but owner must provide a suitable location and piping system for same. The owner shall be responsible for procuring the installation of each meter furnished by the city on all new construction or remodel work, which installation shall be performed by a licensed plumber under a plumbing permit issued pursuant to Chapter 8 of the 6o/ Ordinance No. Page 2 Code of Ordinances of the City of Iowa City, Iowa. On new construction, the meter(s) shall be installed at the same time as, or no later than the installation of, the plumbing fixtures. The meter(s) shall be installed in a location which provides the same access and working space which as required for water heaters, as provided in Chapter 8 of the Code of Ordinances of the City of Iowa City, Iowa. The supply or "in" side of the piping and valving shall be marked with a tag at the meter location. The owner shall provide and install conduit (} inch minimum size) and wire for a remote meter reader. For multiple meter settings, the owner shall label the individual wires to correspond to the proper meter inside. The meter and wire installation must comply with City specifications. Upon completion of the installation of the meter(s) and related piping, the owner, or the owner's plumbing contractor or authorized agent, shall arrange, by appointment, for a field test and verification that each meter and meter reader is operating properly. The public works department (water division) will meet with the owner, or the owner's plumbing contractor or authorized agent to verify that the installation is correct and to install the account number. Piping systems shall be so constructed and the meters so placed that all water to be used in or about the premises shall pass through the water meter(s). The owner shall be responsible for compliance with this provision and shall be liable for payment of water used in violation hereof. A meter deposit, in the amount set forth in the schedule of fees, Section 32.1-73, will be required for each meter provided by the City. Upon proper completion of the installation of the meter, a refund 10/ Ordinance No. Page 3 will be given to the person making the deposit. (b) Requirements for Installation of a Second Meter. A second meter is any meter which measures water use which does not discharge into the City's sanitary sewer system or require treatment at the sewage treatment plant, such as irrigation, air conditioning, swimming pools or the like. A property owner with an existing water service account may apply to the public works department (water division) for a second meter. If the finance department determines that such property is eligible for installation of a second meter, the meter will be provided to the property owner, or the owner's plumbing contractor or authorized agent, upon payment of a non- refundable second meter fee, as set forth in the schedule of fees, Section 32.1-73, and upon payment of the meter deposit as provided in (a) above. A second meter, like the primary meter, must be valved on both the inlet and outlet sides. The second meter shall be installed with a backflow preventer valve on the 1 outlet if the plumbing does not already include these valves on all hose bibs connected to the meter. A ( second meter must be installed in compliance with all other requirements set forth in (a) above. A second meter shall not be i removed temporarily from service during winter months. To properly remove a second 'meter, the plumbing must be physically restored so that no jumper may be installed. SECTION II. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-163, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-163. Rates. (a) All users of city water service shall be charged: 4101 Ordinance No. Page 4 (1) A minimum monthly charge for the first two hundred (200) cubic feet, or less, of water usage, based on meter size, and (2) A monthly charge on all water used in excess of two hundred (200) cubic feet per month, and (3) There will be no minimum monthly bill for a second water meter from November through March of each year for those months during which no water is used. Said charges shall be for the quantities of water used and shall be in the amount set forth in the schedule of fees, Section 32.1-73. (b) The rates and charges herein established and set forth in the schedule of fees shall apply only to properties located within the corporate limits of the City of Iowa City. Where another municipal corporation has entered into a contract with the City of Iowa City, the rates provided for in such contract shall prevail. For all areas outside the corporate limits of the City of Iowa City for which there is no prevailing contract, the rate shall be established as fifty (50) percent above those provided in the schedule of fees. (c) The water rates and charges herein established will be effective with the billings sent after the effective dates listed in the schedule of fees. SECTION III. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-164, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-164. Temporary use during construction. (a) When temporary water service is requested for a structure under construction, the owner or contractor shall pay a temporary fee based upon the type of structure under construction and the length of time temporary water service is utilized, MIN Ordinance No. Page 5 as set forth in the schedule of fees, Section 32.1-73. (b) If such rates are inadequate for the amount of water to be used, the department of public works may establish higher rates for a particular premises. (c) The water used under this provision may not be used to settle ditches or irrigate lawns or gardens; and the department of public works may discontinue service to any owner or contractor who has failed to pay for water supplied or used contrary to the provisions of this section. SECTION IV. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-165, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-165. Direct purchase rates. Water can be purchased at the water pumping plant or at any other location that may be designated by the department of public works for that purpose. Water purchased in tanks furnished by the purchaser will be charged at the rate provided therefore in the schedule of fees, Section 32.1-73. The department of public works will not be responsible for the purity of water after it leaves the supply line when it is delivered to the purchaser's container. SECTION V. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-169, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-169. Deposit upon establishment of account; Deposit upon delinquency of account; Fees and charges for consumer services. (a) Upon initial establishment of a residential water service account, a residential sewer service account, and a residential solid waste collection account, or any of these, with the city, or upon re- establishment of such accounts with the city, the person establishing the account shall be required to execute 6D/ Ordinance No. Page 6 a service agreement and make a combined account deposit before commencement of city's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1-73. Upon initial establishment of a commercial water service account, or a commercial sewer service account, or either of these, with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of the City's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1- 73. Deposit shall be held either until three years after establishment of the account, or until service is terminated and the account closed, whichever occurs first. At that time, the amount of the deposit shall be credited to the customer's account. (b) A delinquency deposit may be charged upon repeated delinquency of any water service account, sewer service account, and/or residential solid waste collection account. Upon the occurrence of a delinquent water service account, sewer service account and/or residential solid waste collection account resulting in a second delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average two-month billing for their account. The average two-month billing shall be basedupon the actual billings during the prior twelve-month period. If the consumer already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one year after the establishment date or one year after the last occurrence of a charge for a delinquent account, whichever 1040/ Ordinance No. Page 7 occurs last. The deposit shall be released when service is terminated and the account is closed. At that time, the amount of the deposit shall be credited to the customer's account, or refunded if the account is then paid up. (c) Fees and charges for various consumer services, including water main taps, water main installation and connection fees, and routine water service procedures are hereby established. Such fees and charges shall be as set forth in the schedule of fees, Section 32.1-73. SECTION VI. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by enacting a new section to be codified as Section 33-48 to read as follows: Sec. 33-48. Deposit upon establishment of account; deposit upon delinquency of account. (a) Upon initial establishment of a residential water service account, a residential sewer service account, and a residential solid waste collection account, or any of these, with the city, or upon re- establishment of such accounts with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of city's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1-73. Upon initial establishment of a commercial water service account, or a commercial sewer service account, or either of these, with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of the City's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1- 73. Deposit shall be held either until three years after establishment of the account, or until service is G o/ Ordinance No. Page 8 terminated and the account closed, whichever occurs first. At that time, the amount of the deposit shall be credited to the customer's account. (b) A delinquency deposit may be charged upon repeated delinquency of any water service account, sewer service account, and/or residential solid waste collection account. Upon the occurrence of a delinquent water service account, sewer service account and/or residential solid waste collection account resulting in a second delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average two-month billing for their account. The average two-month billing shall be based upon the actual billings during the prior twelve-month period. If the consumer already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one year after the establishment date or one year after the last occurrence of a charge for a delinquent account, whichever occurs last. The deposit shall be released when service is terminated and the account is closed. At that time, the amount of the deposit shall be credited to the customer's account. SECTION VII. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by enacting a new section, Section 33-156, to read as follows: Sec. 33-156. Removal of meters. (a) Whenever a water meter is located in premises that are to be remodeled, removed, or destroyed, or where the service is to be discontinued, the owner of such premises shall give notice in writing to the department of public works requesting removal of such meters and granting access thereto to city personnel for that 0/ ordinance No. Page 9 purpose. The owner, or the owner's authorized agent, shall be responsible for the meter until such written notice is given and the meter is recovered. If the meter is damaged, buried, or lost, the owner shall be required to pay for the same at cost less depreciation, and such amount shall be charged to the owner's water service account for that property, or any other active water service account in the owner's name. (b) Prior to removal of a second meter, the plumbing shall be inspected by the public works department (water division) to verify that said plumbing has been physically altered so as to thereafter direct all water through the primary meter. SECTION VIII. That Chapter 33 of the Code of ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by enacting a new section, Section 33-167, to read as follows: Sec. 33-167. Fees and billing procedure upon change in tenant account. When a tenant notifies the city that he/she is moving and no one has authorized service to start for a new tenant, the city shall automatically place the account into the name of the owner/manager. Billings generated during the first fifteen (15) days, after which a rental property account has been put into the owner's/manager's name, shall include charges for actual water usage only; no minimum charges or refuse charges will be included. In such instances, the meter(s) need not be removed, and no reading fee shall be charged on the automatic return to the owner's/manager's name. When an owner/manager receives a bill for water usage, for the interim period between tenants, he/she may determine that the bill should be paid by the tenant and inform the tenant of his/her responsibility to pay the bill. Upon written notification from the owner/agent, the city will transfer the billed amount to the tenant's account. SECTION IX. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by /010/ i Ordinance No. Page 10 repealing subsections (d) and (e) of Section 33-154, and by renaming said Section as "Protection of Meters." SECTION X. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: (1) Ordinance No. 83-3142, §2D, B-30-83; (2) Ordinance No. 87-3341, §§2, 3, 4 & 6, 9-8-87. SECTION XI. SEVERABILITY CLAUSE: If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION XII. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication as by law provided. Passed and approved this ATTEST: CITY CLERK Ap/r�ved as sForm legal Department Go/ ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTION 15-66 THEREOF, AND ENACTING IN LIEU THEREOF A NEW CODE SECTION TO BE CODIFIED THE SAME, PROVIDING FOR THE ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR COMBINED WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 15-66, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 15-66. Deposit upon establishment of account; Deposit upon delinquency of account. (a) Upon initial establishment of a residential water service account, a residential sewer service account, and a residential solid waste collection account, or any of these, with the city, or upon re- establishment of such accounts with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of the city's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1-55. The deposit shall be held either until three (3) years after establishment of the account or until service is terminated and the account closed, whichever occurs first. At that time, the amount of the deposit shall be credited to the customer's account. (b) A delinquency deposit may be charged upon repeated delinquency of any water service account, sewer service account, and/or residential solid waste collection account. Upon the occurrence of a delinquent water service account, sewer service account and/or residential solid waste collection account resulting in a second delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average Ordinance No. Page 2 two-month billing for their account. The average two-month billing shall be based upon the actual billings during the prior twelve-month period. If the consumer already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one year after the establishment date or one year after the last occurrence of a charge for a delinquent account, whichever occurs last. The deposit shall be released when service is terminated and the account is closed. At that time, the amount of the deposit shall be credited to the customer's account. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: Ordinance No. 87- 3336, §3, 9-8-87. SECTION III. SEVERABILITY CLAUSE: If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication as by law provided. Passed and approved this MAYOR ATTEST: CITY CLERK led a to Form Legal Department k1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 32.1-55 AND 32.1-73 THEREIN TO, RESPECTIVELY, REVISE WATER SERVICE CHARGES AND FEES, INCREASE FEE FOR TEMPORARY WATER USE DURING CONSTRUCTION, AND ESTABLISH A DELINQUENCY DEPOSIT, COMBINED, FOR CITY WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordinance of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-55, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 32.1-55. Fee or Charges Authorized in Chapter 15. Municipal Code Section Authorizing Fee Charge, Fine or Description of Fee, Penalty: Charge, Fine, or Penalty: Charge: Sec. 15-31 Fee for annual solid waste One dollar ($1.00) per collection permit collection vehicle per year Sec. 15-65(a) Residential solid waste collection fee Rates effective for bills on or after: per dwelling unit, per month per two rooming units, per month Sec. 15-65(b) Landfill use fee Rates Effective: City fee State fee Total fee Minimum Sec. 15-66(a) Deposit fee for combined city water and/or sewer and/or solid waste collection accounts. Sec. 15-66(b) Delinquency deposit for com- bined water and/or sewer and/or waste collection accounts. Sept. 1 Sept. 1 1988 1989 $5.25 $5.50 $5.25 $5.50 July 1 July 1 1988 1989 $7.75 $8.00 $1.50 $2.00 $9.25 $10.00 $1.25 $1.35 Residential account: $50.00 per combined resi- dential service for city water and/or sewer and/or solid waste collection service. In an amount equal to the average two-month billing for the delinquent account. Ga3 Ordinance No. _ Page 2 SECTION 2. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-73, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 32.1-73. Fees and Charges Authorized in Chapter 33. Municipal Code Section Authorizing Fee Charge, Fine or Description of Fee, Eff. Eff. Eff. Penalty: Charge, Fine, or Penalty 9/1/86 9 1 87 9/1/88 (a) Sec. 33-45 (b) Sec. 33-46(h) (c) Sec. 33-48(a) Sewer Service Charges: Minimum monthly charge (includes the first 200 cu. ft. of water used) $3.00 $4.75 $5.75 Monthly charge for each addi- tional 100 cu. ft. of water used. $.66 $1.04 $1.26 Eff. Eff. Monthly surcharge 9/1/86 9/1/88 BOD (per pound) $.06 $.10 SS (per pound) S.06 $.06 The user charge will be effective with the billing sent after the effective dates listed in the preceding chart. Fee for delinquent sewer service Three dollars ($3.00) for account each water service account not paid within 30 days of billing date. Fee is waived for first occurrence in each calendar year. Deposit fee for combined city water and/or sewer and/or solid waste collection accounts. Sec. 33-48(b) Delinquency deposit fee for com- bined city water and/or sewer and/or solide waste collection accounts. Residential account - $50.00 per combined resi- dential service for city water and/or sewer and/or solid waste collec- tion service. Commercial account - an amount equal to the two- month billing for commer- cial service for city water and/or sewer service. In an amount equal to the average two-month billing for the delinquent account. Goa Ordinance No. _ Page 3 (d) Sec. 33-149(a) Meter deposit. a) Deposit fee for new meter $60.00 and outside meter reader. b) Refund for each new meter, $75.00 outside meter reader, and wiring correctly installed. Sec. 33-149(b) Second meter fee $65.00 (non-refundable) (e) Sec. 33-163 Water Service Charges: Monthly user charges for METER water service for the first SIZE Eff. Eff. Eff. two hundred (200) feet or Inches 9/1/86 9 1 88 9/1/88 less of water used, based on meter size. 5/8 S 3.25 S 3.60 $ 3.80 3/4 3.75 4.15 4.35 1 4.40 4.85 5.10 1-1/2 8.75 9.65 10.15 2 11.75 12.95 13.60 3 21.75 23.95 25.15 4 37.95 41.75 43.85 6 76.40 84.00 88.20 The minimum user charges for larger meters will be based on comparative costs to a 6" meter. The minimum user charge for a customer who furnishes the meter at their own costs will be based on the minimum for a 5/8" meter, regardless of the size. There will be no minimum monthly charge for the second water meter from November to March for those months during which no water is used. Monthly user charges for MONTHLY water in excess of 200 USAGE Eff. Eff. Eff. cubic feet per month. Cu 86 9/1/88 88 Next 2,800 $ .75 $ .83 $ .87 Next 17,000 .45 .50 .53 Over 20,000 .40 .44 .46 f Sec. 33-164 Fee for temporary water use during construction for the first 60 days from the date of the service tap for a new service or for a maximum of 60 days for reconstruction: Ordinance No. _ Page 4 Single and two (2) family residences Ten dollars ($10.00) per month. Multi -family residences Ten dollars ($10.00) per month. Commercial structures Twenty dollars ($20.00) per month. Fee for temporary water use after 60 days for any structure shall be $100.00 per month until the meter is installed. (g) Sec. 33-165 Fee for direct purchase of water per two hundred gallons or fraction I thereof. (h) Sec. 33-167 (i) Sec. 33-169(a) (J) Sec. 33-169(b) Fee for delinquent water service account. Deposit fee for combined city water and/or sewer and/or solid waste collection accounts. One dollar ($1.00) Three dollars ($3.00) for each water service account not paid with- in 30 days of billing date. Fee is waived for first occurrence in each calendar year. Residential account - $50.00 per combined residential service for city water and/or sewer and/or solid waste collection service. Commercial account - an amount equal to the two-month billing for commercial service for city water and/or sewer service. Delinquency deposit fee for combined In an amount equal to water and/or sewer and/or solid the average two-month waste collection accounts. billing for the delin- quent account. Ordinance No. Page 5 Sec. 33-169(c) Fees and charges for various consumer services Tap Fees: Size _Ta2 Corns Curbs Boxes 1" $18.30 $18.35 $ 35.70 $29.15 11" $24.05 $34.90 $ 58.10 $40.75 1}" $29.40 $48.25 $ 77.40 $40.75 2" $33.10 $78.15 $115.50 $40.75 and 2" will require saddles which are to be charged at the City's cost plus a stocking fee. Installation and connection fees: Size Cost 6" $15.00 per linear foot 8" $18.80 per linear foot 10" $24.00 per linear foot 12" $29.70 per linear foot i 16" $39.40 per linear foot I (l) Sec. 33-169(c) Service Fees Fee Fee During Normal After Normal Service Working Hours Working Hours a) Reconnection of discontinued $15.00 $30.00 service b) Removal fee for disconnecting $25.00 Not done after and removing a second meter normal working hours. c) Connection fee for resetting $15.00 $30.00 meter or restarting service d) Carding fee for shutting off $15.00 $30.00 in collection procedure 1 e) Check leaky meters No Charge No Charge f) Frozen meters $15.00 + cast $30.00 + cost of meter repair of meter repair g) Shut-off service at curb & No Charge $30.00 + hourly check for exterior leaks rate for time over 2 hours i � 03 Ordinance No. Page 6 h) Broken hydrant Repair Cost $30.00 + repair cost i) Location of water main for No Charge No Charge other utilities j) Location of water main for No Charge $30.00 + hourly private enterprise rate for time over 2 hours k) Meter accuracy check at $30.00 Not done after consumer's request normal working hours 1) Fire hydrant fee for inspection $50.00 Not done after and operation of fire hydrants normal working which are privately owned or hours owned by other governmental agencies. If service is requested outside normal working hours, a $30.00 after -hour fee shall be charged in addition to the normal working hour fee. In addition, when service time after hours exceed two hours, an additional charge will be added to cover equipment expense and actual employee wages, including overtime. The water service division's normal working hours are 8:00 a.m. to 4:00 p.m. daily. SECTION 3. SEVERABILITY: If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: (1) Ordinance No. 87-3342, §1 (part), 9/8/87. (2) Ordinance No. 88-3371, §2, 4/5/88. (3) Ordinance No. 88-3380, §1, 5/17/88. SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication as by law provided. Passed and approved this MAYOR ATTEST: CITY CLERK tLga o Form v Department `03 1� ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 33 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, (1) BY REPEALING SECTIONS 33- 149, 33-163, 33-164, 33-165, AND 33-169 THEREOF, AND ENACTING IN LIEU THEREOF NEW SECTIONS TO BE CODIFIED THE SAME, PROVIDING FOR (A) REVISIONS IN PROCEDURES FOR THE INSTALLATION OF PRIMARY AND SECOND WATER METERS, AND (B) REVISIONS TO FEES FOR SECOND WATER METERS, FOR WATER USE DURING CONSTRUCTION, AND FOR DIRECT WATER PURCHASE; (2) BY ENACTING THREE NEW SECTIONS TO BE CODIFIED AS SECTIONS 33-48, 33-156 AND 33-167, PROVIDING FOR (A) THE ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR COMBINED WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS, (B) CHANGES IN THE PROCEDURES FOR REMOVAL OF WATER METERS, AND (C) SETTING FORTH THE FEES AND BILLING PROCEDURE UPON CHANGE IN TENANT ACCOUNT IN A SEPARATE CODE SECTION; AND (3) BY DELETING SUBSECTIONS (d) AND (e) FROM SECTION 33-154 DUE TO THE INCLUSION OF THOSE PROVISIONS IN OTHER SECTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-149, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sect. 33-149. Required metering of water use. (a) Requirements for Installation of Water Meters. All water furnished to the consumers shall be metered unless provided otherwise by ordinance. All meters and remote meter readers shall be furnished by the department of public works, but owner must provide a suitable location and piping system for same. The owner shall be responsible for procuring the installation of each meter furnished by the city on all new construction or remodel work, which installation shall be performed by a licensed plumber under a plumbing permit issued pursuant to Chapter 8 of the z .'?/x9 /'�j. 400z Ordinance No. Page 2 Code of Ordinances of the City of Iowa City, Iowa. On new construction, the meter(s) shall be installed at the same time as, or no later than the installation of, the plumbing fixtures. The meter(s) shall be installed in a location which provides the same access and working space which as required for water heaters, as provided in Chapter 8 of the Code of Ordinances of the City of Iowa City, Iowa. The supply or "in" side of the piping and valving shall be marked with a tag at the meter location. The owner shall provide and install conduit (i inch minimum size) and wire for a remote meter reader. For multiple meter settings, the owner shall label the individual wires to correspond to the proper meter inside. The meter and wire installation must comply with City specifications. Upon completion of the installation of the meter(s) and related piping, the owner, or the owner's plumbing contractor or authorized agent, shall arrange, by appointment, for a field test and verification that each meter and meter reader is operating properly. The public works department (water division) will meet with the owner, or the owner's plumbing contractor or authorized agent to verify that the installation is correct and to install the account number. Piping systems shall be so constructed and the meters so placed that all water to be used in or about the premises shall pass through the water meter(s). The owner shall be responsible for compliance with this provision and shall be liable for payment of water used in violation hereof. A meter deposit, in the amount set forth in the schedule of fees, Section 32.1-73, will be required for each meter provided by the City. Upon proper completion of the installation of the meter, a refund O,4 Ordinance No. Page 3 will be given to the person making the deposit. (b) Requirements for Installation of a Second Meter. A second meter is any meter which measures water use which does not discharge into the City's sanitary sewer system or require treatment at the sewage treatment plant, such as irrigation, air conditioning, swimming pools or the like. A property owner with an existing water service account may apply to the public works department (water division) for a second meter. If the finance department determines that such property is eligible for installation of a second meter, the meter will be provided to the property owner, or the owner's plumbing contractor or authorized agent, upon payment of a non- refundable second meter fee, as set forth in the schedule of fees, Section 32.1-73, and upon payment of the meter deposit as provided in (a) i above. A second meter, like the primary meter, must be valved on both the inlet and outlet sides. The second meter shall be installed with a backflow preventer valve on the outlet if the plumbing does not already include these valves on all hose bibs connected to the meter. A second meter must be installed in compliance with all other requirements set forth in (a) above. A second meter shall not be removed temporarily from service during winter months. To properly remove a second meter, the plumbing must be physically restored so that no jumper may be installed. SECTION II. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-163, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-163. Rates. (a) All users of city water service shall be charged: Gof� Ordinance No. Page 4 (1) A minimum monthly charge for the first two hundred (200) cubic feet, or less, of water usage, based on meter size, and (2) A monthly charge on all water used in excess of two hundred (200) cubic feet per month, and (3) There will be no minimum monthly bill for a second water meter from November through March of each year for those months during which no water is used. Said charges shall be for the quantities of water used and shall be in the amount set forth in the schedule of fees, Section 32.1-73. (b) The rates and charges herein established and set forth in the schedule of fees shall apply only to properties located within the corporate limits of the City of Iowa City. Where another municipal corporation has entered into a contract with the City of Iowa City, the rates provided for in such contract shall prevail. For all areas outside the corporate limits of the City of Iowa City for which there is no prevailing contract, the rate shall be established as fifty (50) percent above those provided in the schedule of fees. (c) The water rates and charges herein established will be effective with the billings sent after the effective dates listed in the schedule of fees. SECTION III. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-164, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-164. Temporary use during construction. (a) When temporary water service is requested for a structure under construction, the owner or contractor shall pay a temporary fee based upon the type of structure under construction and the length of time temporary water service is utilized, G410 Ordinance No. Page 5 as set forth in the schedule of fees, Section 32.1-73. (b) If such rates are inadequate for the amount of water to be used, the department of public works may establish higher rates for a particular premises. (c) The water used under this provision may not be used to settle ditches or irrigate lawns or gardens; and the department of public works may discontinue service to any owner or contractor who has failed to pay for water supplied or used contrary to the provisions of this section. SECTION IV. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-165, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-165. Direct purchase rates. Water can be purchased at the water pumping plant or at any other location that may be designated by the department of public works for that purpose. Water purchased in tanks furnished by the purchaser will be charged at the rate provided therefore in the schedule of fees, Section 32.1-73. The department of public works will not be responsible for the purity of water after it leaves the supply line when it is delivered to the purchaser's container. SECTION V. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-169, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-169. Deposit upon establishment of account; Deposit upon delinquency of account; Fees and charges for consumer services. (a) Upon initial establishment of a residential water service account, a residential sewer service account, and a residential solid waste collection account, or any of these, with the city, or upon re- establishment of such accounts with the city, the person establishing the account shall be required to execute 4a/ Ordinance No. Page 6 (b) a service agreement and make a combined account deposit before commencement of city's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1-73. Upon initial establishment of a commercial water service account, or a commercial sewer service account, or either of these, with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of the City's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1- 73. Deposit shall be held either until three years after establishment of the account, or until service is terminated and the account closed, whichever occurs first. At that time, the amount of the deposit shall be credited to the customer's account. A delinquency deposit may be charged upon repeated delinquency of any water service account, sewer service account, and/or residential solid waste collection account. Upon the occurrence of a delinquent water service account, sewer service account and/or residential solid waste collection account resulting in a second delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average two-month billing for their account. The average two-month billing shall be based upon the actual billings during the prior twelve-month period. If the consumer already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one year after the establishment date or one year after the last occurrence of a charge for a delinquent account, whichever God Ordinance No. Page 7 occurs last. The deposit shall be released when service is terminated and the account is closed. At that time, the amount of the deposit shall be credited to the customer's account, or refunded if the account is then paid up. (c) Fees and charges for various consumer services, including water main taps, water main installation and connection fees, and routine water service procedures are hereby established. Such fees and charges shall be as set forth in the schedule of fees, Section 32.1-73. SECTION VI. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by enacting a new section to be codified as Section 33-48 to read as follows: Sec. 33-48. Deposit upon establishment of account; deposit upon delinquency of account. (a) Upon initial establishment of a residential water service account, a residential sewer service account, and a residential solid waste collection account, or any of these, with the city, or upon re- establishment of such accounts with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of city's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1-73. Upon initial establishment of a commercial water service account, or a commercial sewer service account, or either of these, with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of the City's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1- 73. Deposit shall be held either until three years after establishment of the account, or until service is 4ofe Ordinance No. Page 8 terminated and the account closed, whichever occurs first. At that time, the amount of the deposit shall be credited to the customer's account. (b) A delinquency deposit may be charged upon repeated delinquency of any water service account, sewer service account, and/or residential solid waste collection account. Upon the occurrence of a delinquent water service account, sewer service account and/or residential solid waste collection account resulting in a second delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average two-month billing for their account. The average two-month billing shall be based upon the actual billings during the prior twelve-month period. If the consumer already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one year after the establishment date or one year after the last occurrence of a charge for a delinquent account, whichever occurs last. The deposit shall be released when service is terminated and the account is closed. At that time, the amount of the deposit shall be credited to the customer's account. SECTION VII. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by enacting a new section, Section 33-156, to read as follows: Sec. 33-156. Removal of meters. (a) Whenever a water meter is located in premises that are to be remodeled, removed, or destroyed, or where the service is to be discontinued, the owner of such premises shall give notice in writing to the department of public works requesting removal of such meters and granting access thereto to city personnel for that Ordinance No. Page 9 purpose. The owner, or the owner's authorized agent, shall be responsible for the meter until such written notice is given and the meter is recovered. If the meter is damaged, buried, or lost, the owner shall be required to pay for the same at cost less depreciation, and such amount shall be charged to the owner's water service account for that property, or any other active water service account in the owner's name. (b) Prior to removal of a second meter, the plumbing shall be inspected by the public works department (water division) to verify that said plumbing has been physically altered so as to thereafter direct all water through the primary meter. SECTION VIII. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by enacting a new section, Section 33-161, to read as follows: Sec. 33-167. Fees and billing procedure upon change in tenant account. When a tenant notifies the city that he/she is moving and no one has authorized service to start for a new tenant, the city shall automatically place the account into the name of the owner/manager. Billings generated during the first fifteen (15) days, after which a rental property account has been put into the owner's/manager's name, shall include charges for actual water usage only; no minimum charges or refuse charges will be included. In such instances, the meter(s) need not be removed, and no reading fee shall be charged on the automatic return to the owner's/manager's name. When an owner/manager receives a bill for water usage, for the interim period between tenants, he/she may determine that the bill should be paid by the tenant and inform the tenant of his/her responsibility to pay the bill. Upon written notification from the owner/agent, the city will transfer the billed amount to the tenant's account. SECTION IX. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by 6,1 1 i a Ordinance No. Page 10 repealing subsections (d) and (e) of Section 33-154, and by renaming said Section as "Protection of Meters." SECTION X. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: (1) Ordinance No. 83-3142, §2D, 8-30-83; (2) Ordinance No. 87-3341, §§2, 3, 4 & 6, 9-8-87. SECTION XI. SEVERABILITY CLAUSE: If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION XII. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication as by law provided. Passed and approved this MAYOR ATTEST: CITY CLERK Approved as Form CJl/J) a/a910"7 regal Department D �ff"'I GROW TO REACH ENVIRONMENTAL EXCELLENCE NOW d PROJECT GREEN Civic Center, Iowa City, Iowa 52240 March 28, 1989 To Mayor John McDonald and members of the City Council: The Steering Committee of Project GREEN voted at its monthly meeting on March 17, 1989 to nominate Bernie Knight ( Mrs. Cal) 425 Lee Street, Iowa City, Iowa, as a trustee of the Green Fund of Project GREEN. We want to forward her name to the City Council for this appointment. Respectfully submitted, Q Emilie Rubright, Co-chair of Project GREEN Steering Committee s