HomeMy WebLinkAbout1988-11-01 Info PacketCity of Iowa City
MEMORANDUM
Date: October 25, 1988
To: Mayor John McDonald and City Councilers
From: Terrence L. Timmins, City Attorney',
Re: Chapter 28E Agreement between Iowa City and University Heights
re: water utility and sanitary sewer service.
In conjunction with the City's application for grant funding for the
Benton Street Interceptor, Iowa City is required to conclude an agreement
with University Heights for sanitary sewer service. University Heights,
on the other hand, has expressed interest in a renewal of the water
service agreement with Iowa City, which is set to expire in 1991. As I
indicated in my September Update, we were going to use this opportunity to
negotiate a new agreement covering both sanitary sewer and water utility
service to University Heights. That agreement has been drafted and a copy
is attached for Council review. Copies were also forwarded to both Al
Leff, City Attorney for University Heights, and the DNR. Procedurally,
the DNR must approve the form of the agreement before it is executed by
Iowa City and University Heights. In addition, University Heights will be
required to adopt ordinances covering water and sewer use, portions of
which must also meet DNR approval. The Chapter 28E agreement must be
adopted and the necessary ordinances enacted before Iowa City will be
eligible to receive any grant monies for the Benton Street Interceptor
Project. Consequently, our goal is to obtain joint execution of the
Chapter 28E Agreement, and at least initial consideration of the necessary
ordinances by University Heights, prior to January 1, 1989.
Al Leff and I will be meeting to discuss the draft Chapter 28E agreement
within the next week or so, hopefully prior to its initial presentation to
the University Heights City Council on November 14. I have offered to
make myself available at that meeting, along with other Iowa City staff
members if necessary, to help explain our proposal to the University
Heights City Council.
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BETWETNE CITY
CHAPTERAGREEMENT
OF IOWA CITY
AND THE CITY OF FOR THE OPERATION AND MAINTEIUINCENOFEASUNIFIEDO AHTS TER UTILITY SYSTEM
AND A UNIFIED SANITARY SEWER SYSTEM
WITNESSETH:
WHEREAS, since prior to 1961, the cities of Iowa City and University
Heights have been served by a single water utility system, which until
1961 was privately owned; and
WHEREAS, in September of 1961, the City of Iowa City acquired the
said water utility system. Including all facilities and components thereof
located within the cities of low' City and University Heights; and
WHEREAS, since November of 1961, Iowa City has generated and distributed
potable water to the residents of Iowa City and University Heights through
A water utility system which includes wells and river intakes, a water
treatment plant, pumps, and storage tanks located in Iowa City, and water
mains located in Iowa City and In University Heights, all of which
facilities are owned by Iowa City, having either been purchased or
constructed by Iowa City; and
WHEREAS, since acquisition of the said water utility system, the City of
Iowa City has bean maintaining and repairing water utility system
components within University Heights, Including mains and pumps; and
WHEREAS, since prior to 1961, the City of Iowa City has, at separate
sanitary sewer interconnection points along the boundaries of Iowa City
and University Heights, accepted for collection wastewater generated by
residents of University Heights, and has treated such wastewater at Iowa
City's wastewater treatment plant; and
WHEREAS, Iowa City's provision of said services to University Heights has
been the subject of various agreements, to wit as follows:
(A) A sewage disposal contract dated July 29, 1951,
(6) A water service contract dated Woveaber 6, 1961, covering two City's
provision of water services to the City of University Heights for a
tern of 30 years; and
(C) A municipal services contract dated November 2, 1966, covering Iowa
City's Provision of a variety of municipal services to University
Heights, including sewer services, superseding the earlier sewage
disposal contract of July 1951, but excluding water service; and
WHEREAS, given the high degree of interconnection between the water
distribution system In Iowa City and the water distribution system in
University Heights, and given the expense and difficulty which University
Heights would experience in acquiring and separating its water distribu-
tion system from Iowa City, and in constructing its awn water generation
and distribution system in University Heights, it Is presently deemed to
be infeasible for University Heights to acquire, construct, and operate a
separate water utility system; and
WHEREAS, the municipal services dated November 1966, providing for Iowa
City's provision of a variety of municipal services, Including sewer
services, to University Heights was cancelled by the City of Iowa City on
January 13, 1976; and
WHEREAS, given the high degree of interconnection between the Iowa City
and University Heights sanitary sewer systems, and given the unavail-
ability of alternative means of wastewater treatment for University
Heights, It Is presently deemed to be infeasible for University Heights to
separate said sanitary sewer systems, to separately operate its sanitary
sewer system, and to obtain elsewhere or provide for the treatment of
wastewater generated by its residents; and
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WHEREAS, the City of Iowa City is under mandate by the Department of
Natural Resources of the State of Iowa to complete the construction
certain improvements to its sanitary sewer system, including the rehabili-
tation of Iowa City's existing wastewater treatment plant, the construe -
tion of a new wastewater treatment plant and associated mains, and the
construction and Improvement of certain Interceptor sewers, Including the
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Benton Street Interceptor which carries a maJor portion of the wastewater
generated by University Heights' residents; and
WHEREAS, the parties hereto have been advised and do believe that it would
be in their mutual best interests to modify and renew the existing
agreement for Iowa City's provision of water services to University
Heights, and to initiate a new agreement with respect to Iowa City's
provision of sanitary sewer services to University Heights, all under a
single, long-term agreement creating a unified water system and a unified
sanitary sewer system; and
WHEREAS, this Agreement has been entered into by and between the parties,
pursuant to Chapter 28E of the Iowa Code providing for the Joint exercise
of municipal governmental powers in order to authorize Iowa City to
provide water utility service and sanitary sewer service to University
Heights.
HOW, THEREFORE, in consideration of the covenants and obligations herein
made and undertaken, the City of Iowa City (hereinafter 'Iowa City') and
the City of University Heights (hereinafter 'University Heights'),
hereinafter collectively referred to as 'the parties,' do hereby agree as
follows:
Part 1 - Joint Exercise of Powers Under Chapter 28E of the Code of Iowa to
Establish a Unified Water Utility System and a Unified Sanitary Sewer
System.
1. Pursuant to Chapter 28E of the 1987 Code of Iowa, the parties do
hereby agree that the purpose of this Agreement is to Jointly
exercise their respective powers to finance, construct, own, and
operate certain public improvements, to wit, a water utility system
for the generation and distribution of potable water to municipal
residents, and a sanitary sewer system for the collection and
treatment of wastewater generated by municipal residents,
2. The parties agree that the water generation and distribution
facilities located within their respective Jurisdictions shall
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hereafter be operatsd as a single unified water utility system, as
provided In Part II hereof, and that the wastewater collection and
treatment facilities located within their respective jurisdictions
shall hereafter be operated as a single unified sanitary sewer
system, as provided in Part III hereof.
3. The parties agree that the design, construction, operation, main-
tenance, and management of facilities comprising the unified water
Utility system shall be jointly financed by the residents of Iowa
City and University Heights through payment of uniform water use
rates and charges provided In Part II hereof, and that the design,
construction, operation, maintenance, and management of facilities
comprising the unified sanitary sewer system shall be jointly 1
financed by the residents of Iowa City and University Heights through
Payment of uniform sewer use rates as provided in Part III hereof.
1. The parties agree that the City Manager of the City of Iowa City If
shall be designated as the administrator for purposes of this
Agreement, as provided by Section 28E.6 of the Code of Iowa, and that
the City Manager shall administer and manage the operation of both
the unified water utility system and the unified sanitary sewer
system.
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5. The parties agree that this Agreement shall be effective upon its
execution by both parties, its filing with the Secretary of State,
and its recording In the Johnson County Recorder's Office, as
provided by Section 28E.8 of the 1987 Code of Iowa, and it shall
remain in effect until termination by the parties, or either of them,
as hereafter provided in Part IV.
Part II - Operation and Funding of the Unified Vater Utility System
1. Grant of Authority and Acceptance. The City of University Heights
does hereby grant unto the City of Iowa City the authority to operate
within the present or future corporate limits of University Heights a
unified water utility system; to act as the agent of University
Heights in the operation thereof for the generation, storage and
distribution of potable water to University Heights for consumption
by its residents; to maintain, operate, and extend, renew, remove and
replace Iowa City's existing water mains, pipes and other water
utility appurtenances and facilities within University Heights; to
acquire, own, maintain, operate, renew, remove and replace additional
plants and works and all necessary or desirable appurtenances thereto
used or useful in said water utility system; and to enter upon, into,
use and occupy the present and future streets, alleys, bridges, parks
and other public places and ways within the present and any future
corporate limits of University Heights for erecting, constructing,
installing, maintaining, renewing, removing, replacing, relocating,
repairing, owning and operating all necessary facilities, Including
pipes, mains, conduits and appurtenances and appendages thereto for
the production, conveyance, storage, treatment, distribution, supply
and sale of water; and to charge and collect rates and charges for
water use and for water utility services, all as hereinafter
provided.
The City of Iowa City does hereby accept said grant of authority, and
hereby agrees to operate the water distribution system within
Univorsity Heights as part of a unified water utility system; to
generate potable water and distribute such water in University
Heights for consumption by its residents in accordance with all State
and Federal requirements therefor; and to operate and administer the
said unified water utility system, including the assessment and
collection of water use rates and water utility charges, in a
prudent, fair, and uniform manner in Iowa City and in University
Heights, all as hereinafter provided.
2. Iowa City agrees to generate water from wells and river intakes in
Iowa City, to treat water at Its water treatment Plant in Iowa City
to make it suitable for human consumption, to store potable water for
the use of residents of Iowa City and University Heights, and to
transport potable water to University Heights and to distribute same
to residents of University Heights through its system of water tanks,
pumps and mains. Iowa City agrees that In the operation of said
unified water utility system, It will produce Potable water meeting
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all regulations and requlreeents of the EDA and DNA applicable to the
generation, treatment, storage, and distribution thereof, and that It
will generate, treat, store, transport, and distribute potable water
In quantities sufficient to serve residents in both Iowa City and
University Heights.
]. Iowa City does hereby agree to operate and maintain the potable water
generation, treatment, storage, pumping, transportation and distribu-
tion facilities owned by Iowa City and located in either Iowa City or
University Heights in a prudent, proper, and safe manner, and to
preserve and protect said facilities to and for the benefit of the
residents of Iowa City and University Heights. For purposes of this
Provision, maintenance shall Include routine maintenance, repair and
replacement of such facilities as determined necessary by the City of
Iowa City.
A. All excavations and other work in connection with the opening and
closing of streets and other public places by Iowa City shall be done
In a workmanlike manner in accordance with the practices established
by Iowa City In the operation of the unified water utility system.
Whenever Iowa City Is about to lay any mains or pipes in streets or
other public places, it shall notify University Heights thereof and
University Heights shall furnish Iowa City with the grade of such
street or other public place, and Iowa City shall lay its mains with
respect to such grade, if thereafter University Heights shall change
the grade of such strut or other public place, or otherwise make It
necessary to raise or lower any mains or hydrants Installed therein
by Iowa City, the cost thereof shall be repaid by University Heights
to Iowa City. In all other cases, the cost of opening and closing
any struts or public places and repairing and repaving the sue
shall be borne by Iowa City as part of the cost of operating the
unified water utility system.
5. The City of University Heights hereby agrees to enact, within 70 days
Of Its execution of this Agreement, an ordinance or ordinances
establishing procedures and regulations for the provision of water
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utility service to its residents; establishing rates and charges for
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water use by and for water uti IIty sory Ices to Its residents;
establishing regulations and procedures for the Installation and
maintenance of motors for the measurement of water usage by
University Heights residents and for the billing of water rates and
charges; and establishing regulations, construction standards, and
procedures for extensions and connections to the water utility system
In University Heights; all In substantial conformance with like
provisions of the Code of Ordinances of the City of Iowa City.
University Heights hereby authorizes Iowa City to act as its agent In
the administration and enforcement of said ordinances. University
Heights agrees (1) to maintain said ordinance(s) in effect until
termination of this Agreement, (2) not to amend or modify said
ordinance(s) without the Prior written consent of the City Council of
Iowa City, and (3) to make such reasonable amendments to said
ardinance(s) as my from time to time be suggested and enacted by
Iowa City or required by the EPA or DNR.
6. University Heights agrees that it will, pursuant to said
ordinance(s), Impose the same water rates and charges upon its
residents as are presently reflected in Chapters 33 and 32.1 of the
Code of Ordinances of the City of Iowa City and as are presently
charged to residents of Iowa City. University Heights hereby
authorizes the City of Iowa City to act is its agent in the collec-
tion of said water rates and charges, and to retain the moneys so
collected in consideration for Iowa City's provision of water utility
service to the residents of University Heights. University Heights
acknowledges and agrees that the said water rates and charges
presently in effect in Iowa City and to be imposed in University
Heights are fair and reasonable, and have been calculated in an
amount necessary to defray the operating costs end capital costs of
the unified water utility system, including the retirement of the
bonded indebtedness undertaken by Iowa City to finance Improvements
to said system. University Heights acknowledges and agrees that it
is fair and appropriate for its residents to share the capital costs
for said improvements inasmuch as University Heights and its
residents are part of said unified sanitary water utI11tY sYstu and
derive substantial benefit therefrom,
T• The parties agree that Iowa City shall Operate and administer the
water utility system as an enterprise separate and distinct from all
other activities of the City of Iowa City, and that the operation,
mafntenance, and administration of the said water utility enterprise
shall be funded solely from revenues generated from water rates and
charges collected in Iowa City and University Heights pursuant to
this Agreement. The parties further agree that the following
categories Of expense shall be chargeable as costs of operation,
maintenance, and administration of the water utility enterprise.
(a) general management and administration. Including legal services;
(b) system maintenance costs. Including but not limited to Insist.
tion, routine maintenance, repair, and replacement;
(c) system operating costs, including but not limited to energy,
labor, materials, services, and equipment;
(d) financial administration, including accounting, billing,
collection, financial planning for investments and capital debt;
and
(e) tart liability casts, including the costs o/ insurenre, defense
and settlement of claims and lawsults, and tort judgments
resulting from operation of the unified water utility system,
g• The parties agree that lowa City's water rates and charges shall be
subject to periodic review. University Heights acknowledges and
Agrees that it may, during the term of this Agreement, be necessary
far Iowa City to (a) Incur indebtedness to construct other Improve.
mints to the unified water utility system, including portion$ thereof
located In University Heights, and (b) increaso the annual budget for
the unified water utility system in order to cover Increased costs
for operation, maintenance, and administration.
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University Heights agrees that upon the occurrence of either of said
events, Iowa City may propose an increase In the water rates and
charges applicable in both Iowa City and University Heights. Iowa
City shall give notice of such proposal to University Heights prior
to formal consideration thereof by the City Council of low City and
At least 90 days prior to the Intended effective date thereof. Such
notification shall Include cost data and an explanation of the need
or justification for the proposed Increase in water rates and
charges.
University Heights shall be required to enact an ordinance effecting
the same increase in water rates and charges upon enactment of those
increases in water rates and charges by Iowa City, and to provide for
the same effective date for said increases as Iowa City, unless
University Heights notifies Iowa City in writing within 60 days of
receipt of the notice, as hereinabove provided, that it does not
intend to enact such an increase in water rates and charges.
If University Heights fails to enact such increase in water rates and
charges by ordinance effective simultaneously with that enacted by
Iowa City, University Heights shall pay to Iowa City, from its
general fund or other appropriate city fund, the difference between
the revenue generated under the water rates and charges in effect In
University Heights and the revenue which would have been generated
under the increased rates and charges enacted by Iowa City, plus a
i surcharge Upon said difference for the additional costs of
administration which will be incurred by Iowa City In calculating,
billing, and Collecting water rates and charges under a dual -rate
system. University Heights' obligation to pay said difference shall
commence upon the effective date of Iowa City's ordinance Increasing
water rates and charges, and shall continue until the effective date
of the University Heights ordinance which enacts the Increased rate
and charges enacted by Iowa City. Iowa City shall Calculate and bill
University Heights for said differential payment bt-monthly on the
basis of total water consumption to University Heights during the
preceding two-month period. Total water consumption roans the
aggregate gallonage total of all water used by University Heights
residents, as measured by meters Installed by the City of Iowa City.
University Heights shall pay said differential payments to Iowa City
bi-manthly within 70 days of receipt of the bill thereof.
9. Iowa City agrees in connection with all extensions of its mains to
install fire hydrants as requested by University Heights provided
that, unless Iowa City expressly agrees otherwise, not more than one
fire hydrant shall be required to be installed an each four hundred
feet of extension. All fire hydrants hereafter installed shall be of
six inch size, and shall mut the then existing standards of the City
of Iowa City. University Heights agrees to pay Iowa City as full
compensation for the use of each existing and future fire hydrant now
or hereinafter installed by low& City so long as the same remains in
use, and as full compensation for any water used by University
Heights from any such hydrant for fire protection or fin prevention,
the sum of $50.00 per year for each such fire hydrant, said payment
to be paid in two equal semi-annual installments on the first day of
May and on the first day of November in each year. During the terns
of this contract, University Heights, or its contract agent for the
provision of fire protection service, shall at all times have full
and unobstructed use of fire hydrants now or hereinafter installed by
Iowa City, but only for fire protection or fire prevention purposes.
University Heights agrees that it shall retain the responsibility to
periodically inspect said fire hydrants for fire protection purposes
and to notify Iowa City of any defective or inoperative hydrants.
10. lows City agrees at all times to defend, indemnify, and hold
University Heights harmless from all liability, loss, cost, damage or
expense resulting from the opening or closing of streets or other
public places by Iowa City as well as from the presence of its water
mains or other water utility facilities in such streets and public
places and from the manner of operation and maintenance by two City
of Its said mains and other facilities. Iowa City shall at all
times, subject to the capacity of its plant and facilities, endeavor
to furnish an adequate and uninterrupted supply of water to
University Heights and its Inhabitants and to maintain pressure
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required for fire protection and prevention; provided, however, that
Iowa City shall not be liable for any Interruption of service or
failure of pressure or supply of water due to accident or causes
beyond the reasonable control of Iowa City, and no such Interruption
shall constitute a breach of this contract provided Iowa City shall
use due diligence to restore service within a reasonable time.
Part III - Operation and Funding of the Unified Sanitary Sewer System
I. Grant of Authority and Acceptance. The City of University Heights
does hereby grant unto the City of Iowa City the authority to operate
a unified sanitary sewer system in University Heights, to act as the
agent of University Heights in the operation thereof for the collec-
tion and treatment of wastewater generated in University Heights or
by Its residents, to provide sanitary sewer maintenance services
within University Heights, to enter upon city streets and into city
facilities in University Heights for purposes of maintenance,
operation, and administration of said unified sanitary sewer system,
and to charge and collect rates and charges for sewer use and for
sewer services, all as hereinafter provided.
The City of Iowa City does hereby accept said grant of authority, and
hereby agrees to operate the sanitary sewer system within University
Heights as part of a unified sanitary sewer system, to collect and
accept wastewater generated in University Heights or by Its
residents, to transport such wastewater to and provide treatment
thereof at Iowa City's wastewater treatment plant or plants In
accordance with all State and Federal requirements therefor, and to
operate and administer the said unified sanitary sewer systm,
including the assessment and collection of sewer use rates and sewer
service charges, In a prudent, fair, and uniform manner in law& City
and in University Heights, all as hereinafter provided.
2. Iowa City agrees to receive and accept wastewater generated by
University Heights residents, and collected in University Heights
sanitary sewers, at four manholes situated on or near the common
boundaries of Iowa City and University Heights, which manholes are
Identified on the sewer sup attached hereto es Exhibit A. Said
menholas shall hereafter be considered as the paints of Interconnec-
Clan between the sanitary sewer systems of Iowa City and University
Heights, and shall be used to define the respective Jurisdictions of
the parties for purposes of this Agreement.
3. low& City agrees to collect wastewater generated in University
Heights at the said points of interconnection, and to thereafter
transport said wastewater through its system Of sanitary sewers,
mains, and interceptors for treatment at Iowa City's wastewater
treatment plant or plants, now existing or hereafter constructed.
e. Iowa City agrees that the wastewater treatment provided shall meet
all present and future requirements imposed on Iowa City by the
Federal Environmental Protection Agency (hereinafter 'EPA') or the
Iowa D&partaent of Natural Resources (hereinafter *DNR') for all
wastewater generated by the residents and originating within the
corporate limits of University Heights. In performance of this
requirement, the Partin acknowledge and agree that Iowa City is
presently under mandate by the Iowa Department of Natural Resources
to complete the plan of wastewater collection and treatment
improvements identified In Exhibit B. It is further acknowledged and
agreed that as part of said plan of Improvements, Iaa City hes
procured the design, and DNR approval of the design, for the Benton
Street Sanitary Interceptor Sewer Project, which project Involves the
reconstruction of a mejor sewer serving University Heights. It Is
further acknowledged and agreed that Iowa City has sold $38.95
million of its sewer revenue bonds to finance the construction of
said plan of Improvements, including the Benton Street Sanitary
Interceptor Sewer Project, and that Iowa City is under DNR mandate to
award a bid and Commence construction on said project by March 15,
1989.
In consideration of the covenants and obligations herein made and
undertaken by University Heights, Iowa City does hereby agree to
acquire the necessary properties and property Interests and to
complete the construction of said plan of improvements, Including the
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Lenton Streit Sanitary Interceptor Sewer protect, to and for the
mutual benefit of University Heights and Iowa City and as mandated by
the DNR.
S. Iowa City does hereby agree to operate and maintain the sanitary
sewer (wastewater collection) and wastewater treatment facilities
located In or owned by Iowa City in a prudent, proper, and safe
manner, and to preserve and protect said facilities to and for the
benefit of the residents of Iowa City and University Heights. For
purposes of this provision, maintenance shall include routine
maintenance, repair and replacement of such facilities as determined
necessary by the City of Iowa City.
6. Iowa City does hereby agree to operate and provide routine main-
tenance services for sanitary sewer (wastewater collection) facili-
ties owned by and located In University Heights, as hereafter
provided. For purposes of this provision, routine maintenance means
and includes periodic inspection of sanitary sewer manholes to
determine if said sewers are operating properly, and periodic
'jetting' or 'rodding' of sanitary sewers, either according to a
predetermined schedule established pursuant to Iowa City's sewer
administration policy, or as determined necessary pursuant to citizen
complaints or requests. Routine maintenance does not mean or include
the repair or replacement of sanitary sewers located in, owned by, or
under the jurisdiction of University Heights.
The parties agree that University Heights shall retain primary
responsibility for the Inspection of its sanitary sewers to determine
the structural condition and design adequacy thereof, and for the
repair and replacement of defective or Improperly designed sanitary
sewers located in, owned by, or under the jurisdiction of University
Heights. University Heights agrees to maintain its sanitary sewers
system in accordance with all applicable State of Iowa and Federal
regulations, and in a reasonably good condition permitting safe and
efficient operation thereof. For purposes of this provision,
sanitary sewers which require routine maintenance (rodding or
jetting) more than "mi -monthly in order to
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function properly shall be considered substandard and In need of
repair or replacement.
Iowa City agrees that it will report to University Heights such
defective structural conditions or Improper design as Its agents or
employees may observe in the ordinary course of their performance of
Iowa City's operation and routine maintenance obligations; provided,
however, that Iowa City is not hereby undertaking to provide profes-
sional engineering or inspection services to determine the structural
condition or design adequacy of sanitary sewers located in, owned by,
or under the jurisdiction of University Heights,
7. University Heights hereby releases and agrees to defend, indemnify,
and hold harmless the City of Iowa City, its officers, agents, and
employees from and against any and all claims, suits, actions, debts,
damages, costs, charges and expenses, including court costs and
attorney fees, and against all liability, losses, and damages of any
nature arising from the defective condition or inadequate design of
University Heights' sanitary sewer system, or arising from the
failure of Iowa City, Its officers, agents, or employees to discover
such defective condition or inadequate design during the course of
operation and routine maintenance by Iowa City, but excluding such
defects or other conditions, caused by the operation and routine
maintenance activities of Iowa City, which result in damage to the
person or property of residents of University Heights or other third
parties to this Agreement. University Heights further releases and
agrees to defend, indemnify, and hold harmless the City of Iowa City,
its officers, agents, and employees, from all liability for damage to
University Helghts' sanitary sewer system occurring during the course
of or as a result of Iowa City's performance of operation and routine
maintenance activities thereon, and for consequential damages to
other property, structures, or facilities owned by University
Heights, unless It is shown that such damage was occasioned by the
sole negligence of Iowa City, its officers, agents and employees, and
did not in any way result from the defective condition or Inadequate
design of University Heights' sanitary sewer system.
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B. Paragraphs 5 and 6 to the contrary notwithstanding, Iowa City hereby
agrees to accept responsibility for the Inspection, repair and
replacement of the University Heights sanitary sewer system and to
accept responsibility for its condition and design upon formal
acceptance thereof by resolution of the City Council of Iowa City, as
hereafter provided.
Iowa City agrees to accept Jurisdiction of the University Heights
sanitary sewer upon completion of the following teres and conditions:
(a) University Heights shall retain, at its sole expense, a
consulting engineer for the purpose of conducting a thorough
inspection and survey of Its entire sanitary sewer system from
each Point of private connection thereto in University Heights
to Its points of interconnection with the lora City sanitary
sewer system as shown in Exhibit A, to determine the structural
Integrity, condition and design adequacy thereof, and
significant sources Of Infiltration and inflow. The selection
of such consulting engineer and the means of inspection and
survey shall be subject to the approval of Iowa City. Represen-
tatives of Iowa City shall be permitted to observe and partici-
pate in said inspection and survey, and shall have access to all
data, material and information generated by the consulting
engineer as a result of Inspection and survey.
(b) After completion of said survey and inspection, the consulting
engineer shall proper* a report addressed to University Heights
and Iowa City, detailing the structural condition and deslgn of
the University Heights sanitary sewer system and Identifying
specific structural defects, design inadequacies, and signifi-
cant sources of infiltration and inflow within amid system which
require correction. Such report shall be subject to review and
approval by the city councils of University Heights and Iowa
City.
(c) Upon approval of said report by University Heights and Iowa
City, University Heights shall undertake to secure, it Its sole
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expense, the design and construction of Improvements necessary
to correct all defects and design Inadequacies in its sanitary
sower system as Identified In the consulting engineer's report.
The contract specifications for said work shall be subject to
review and approval by the city council of Iowa City.
(d) Representatives of University Heights and Iowa City shall
inspect the works as construction progresses and, upon the
contractor's certification of the completion of all facilities
and improvements identified in the contract specifications,
shall conduct a final inspection and prepare the •punch list' of
Items to be completed by the contractor prior to final
acceptance.
(e) Upon determination by the said representatives of University
Heights and Iowa City that the improvements and facilities as
specified in the contract have bean completed, the city councils
of University Heights and Iowa City shall by resolution accept
said Improvements. Upon acceptance thereof by Iowa City, the
Jurisdiction of University Heights sanitary sewer system shall
be deemed accepted by Iowa City for purposes of this Agreement.
9. Upon Iowa City's acceptance of University Heights' sanitary sewer
System, lowa City agrees to thereafter operate and maintain the
sanitary sewer (wastewater collection) system located In and owned by
University Heights in a prudent, proper, and safe manner, and to
preserve and protect said system to and for the benefit of the
residents of University Heights. For purposes of this provision,
operation and maintenance shall wan and Include routine maintenance
(as defined in paragraph 6 above), repair, and replacement of such
facilities as determined necessary by the City of Iowa City. Iowa
City further agrees that upon its acceptance of the University
Heights sanitary sewer system it will thereafter:
(a) accept responsibility for the continuing operating condition,
structural Integrity and design adequacy of said system,
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(b) periodically Inspect said system to determine the necessity for
repair or replacement and to assure the adequacy thereof in
accordance with Iowa City's sewer administration policy,
(c) secure the design and construction of Improvements necessary to
assure the proper function and design of said system, and
(d) finance the construction of such Improvements from sewer
revenues generated as hereafter provided.
10. University Heights agrees that it will not allow extensions or
j connections to its sanitary sewer system without the prior consent of
the city manager of Iowa City. Until acceptance of said system by
Iowa City, University Heights shall process all such proposed
expansions, extensions and connections for its review and approval
and for review and approval by Iowa City, and shall inspect the work
done In connection therewith. Upon Iowa City's acceptance of said
system, Iowa City $hail act as the agent of University Heights in
processing all such proposals for review and approval, and in
inspecting the work done in connection therewith,
It. Except for unavoidable and unintentional infiltration and inflow,
University Heights agrees not to permit storm water to enter the
iUniversity Heights sanitary sewer system, and if any sewers under the
control of University Heights at the present time are combined
sewers, University Heights agrees to undertake the separation of said
sewers within one year and to complete said project within two years.
University Heights agrees not to oaks or parmit future storm water
connections to Its sanitary sewer system.
The parties further agree that the separation of combined sewers and
correction of substantial sources of infiltration and inflow must be
completed by University Heights prior to Iowa City's acceptance of
University Heights' sanitary sewer system as provided in paragraph 0
above.
-18-
12. University Heights agrees to enact, within 30 days of Its execution
Of this Agreement, an ordinance or ordlnances establishing procedures
and regulatl ons for the provision of sanitary sewer service to its
residents; establishing regulations regarding the use of sanitary
sewers, the strength and content of wastewater and effluents
discharged thereto, and the necessity for pre-treatment facilities;
establishing rates and charges for seer use by and for sewer
services provided to Its residents; and establishing regulations,
construction standards and procedures for extensions and connections
to its sanitary sewer system; all in substantial Conformance with
like provisions of the Code of Ordinances of the City of Iowa City.
University Heights hereby authorizes Iowa City to act as its agent in
the administration and enforcement of said ordinances, except as
otherwise provided in paragraphs 10 and 18 herein. University
Heights agrees (1) to maintain said ordinance($) 1n Affect until
termination of this Agreement, (2) not to amend or modify said
ordinance(3) without the prior written consent of the City Council of
Iowa City, and (3) to make such reasonable amendments to said
ordinances) es may from time to time be suggested and enacted by
Iowa City or required by the EVA or OHA.
13. University Heights agrees that it will, pursuant to said
ordinance(s), impose the same sewer rata and charges upon its
residents as are presently reflected in Chapters 33 and 32.1 of the
Code of Ordinances of the City of Iowa City and as are presently
charged to residents of Iowa City. University Heights herby
authorizes the City o/ Iowa City to act as Its agent in the collec-
tion of said sewer rates and charges, and to retain the moneys so
collected in consideration for Iowa City's provision of sanitary
sewer service to the residents of University Heights. University
Heights acknowledges and agrees that the said sewer rates and charges
presently 1n effect 1n Iowa City and to be Imposed in University
Heights are fair and reasonable, and have been calculated in an
amount necessary to defray the operating costs and capital costs of
the unified sanitary sewer system, including the retirement of the
bonded indebtedness undertaken by Iowa City to finance the plan of
9
r
1
Improvements set forth In Exhibit a. University Heights acknowledges
and agrees that It is fair and appropriate for its residents to share
In the said capital costs for said plan of improvements inasmuch as
University Heights and its residents are part of said unified
sanitary sewer system and derive substantial benefit therefrom,
14. The parties agree that Iowa City shall operate and administer the
united sanitary sewer system as an enterprise separate and distinct
from all other activities of the City of Iowa City, and that the
operation, maintenance, and administration of said system shall be
funded solely from revenues generated from sewer rates and charges
collected 1n 1018 City and University Heights pursuant to this
Agreement. The Parties further agree that the following categories
of expense shall be chargeable as costs of operation, maintenance,
and administration of the unified sanitary sewer system:
I
(a) general management and administration, including legal services;
I
(b) system malntenann costs. Including but not limited to Inspec-
tion, routine maintenance, repair and replacement;
(c) system operating costs, Including but not limited to energy,
labor, materials, services, and equipment;
(d) financial administration, Including accounting, billing,
collection, financial planning for Investments and capital debt;
(e) tort liability costs, including the costs of insurance, defense
iand settlement of claims and lawsuits, and tort Judgments
resulting from operation of the unified water utility system.
15. The parties agree that Iowa City's sewer rates and charges shall be
subJect to periodic review. University Heights acknowledges and
agrees that It nay, during the term of this Agreement, be necessary
for Iowa City to (a) Incur further indebtedness to complete the
Construction of the plan of Improvements set forth in Exhibit g, (b)
incur Indebtedness to construct other improvements to the unified
1
.ap-
son Mary sewer system, including portions thereof located In
University Heights If and when said system is accepted by Iowa City
Pursuant to Paragraph 6, and (c) increase the annual budget for
the Unified sanipry sewer system in order to cover Increased costs
for operation, maintenance, and administration.
University Heights agrees that upon the occurrence of any of said
events, Iowa City may Propose an increase in the sewer rates and
charges applicable 1n both 10104 City and University Heights. Iowa
City shall give notice of such proposal to University Heights prior
to faroal consideration thereof by the City Council of Iowa City and
at least 90 days prior to the intended effective date thereof. Such
notification shall include cost data and an exPlanation of the need
or justification for the Proposed increase in sewer rates and
charges.
University Heights shall be reouired to enact an ordinance effecting
the same Increase 11 sewer rates and charges upon enactment of those
Increases in sewer rates and charges by Iowa City, and to provide for
the SARA effective date for said increases as Iowa City, unless
University Heights notifies Iowa City in writing within 60 days of
I receipt of the notice, as hereinabove Provided, that it does not
Intend to enact an increase in sewer rates and charges.
a
If University Heights fails to enact such increase in sewer rates and
chArges by ordinance effective slmultaneously with that enacted by
Iowa City, University Heights shall Day to lova City, from Its
general fund or other aDDroDrlate city fund, the difference between
the revenue generated under the sewer rates and charges in effect in
University Heights and the revenue which would have been generated
under the increased rates and charges enacted by Iowa City plus A
5 surcharge upon said difference for the additional costs of
administration which will be incurred by Iowa City in calculating,
billing, and collecting sewer rates and charges under a dual -rate
systmm. University Heights' obligation to pay said difference shall
commence upon the effective date of low& City's ordinance increasing
sewer rates and charges, and shall continue until the effective data J
X07 -
of the University Heights ordinance which enacts the Increased rates
and charges enacted by Iowa City. Iowa City shall calculate and bill
University Heights for said differential payment bi-monthly on the
basis of total water consumption in University Heights during the
preceding two-month period. Total water consumption means the
aggregate gallonage total of all water used by University Heights
residents, as measured by meters installed by the City of Iowa City.
University Heights shall pay said differential payments to Iowa City
monthly within 30 days of receipt of the bill therefore.
16. University Heights agrees that before any new or existing industrial
user, or process, or business, whose $@wage exceeds or might exceed
the normal domestic wastewater strength as defined herein, and whose
total discharge Into the sanitary sewer system equals or exceeds
50,000 gallons per day, nay be connected to the University Heights
sanitary sewer system, IOWA City's Consent to said connection must be
obtained. IOWA City shall not Withhold such consent unreasonably.
Prior to construction of any new Industry or major remodeling of an
existing facility, University Heights shall require said Industry to
submit Its plans and specifications for its pre-treatment and
sampling facilities to Iowa City for review. There shall accompany
said plans and specifications the Industry's estimate of the volume
and strength of Industrial wastewater. The estimate shall list
suspended solids, B.O.D., grease and any other significant organic or
inorganic material which will be contained In the industry's waste-
water discharge. The said plans and sPecifinations shall be approved
or disapproved within thirty (30) days from the receipt of all the
information listed above. The said Industries shall not be required
to provide mr@ pre-treatment than Is required by applicable Federal
law, rules and regulations of IOWA City ordinances.
In the event of disagreement by the parties as to the strength and
flaw of sewage from any Industrial user, there shall be a sampling of
the wastewater on the basis of a 24-hour composite sample which may
be verified by a three (3) day sample using an automatic sampling
device approved by Two City. IOWA City shall prescribe the minimum
I
fell for the cost of treatment If any, to be charged such user;
provided, hmmver, that said Peas for treatment to be charged to
industrial users in University Heights shall be no less than the
treatment fees charged by Iowa City to similar users located in Iowa
City, and provided that standards of use applied to said user by Iowa
City shall be no different than the standards applied by Iowa City to
similar users located in Iowa City. Such industrial users shall also
be subject to any special conditions of the Federal Government that
apply to an Industrial user of Iowa City's wastewater facilities;
State or Federal guidelines for cost allocation, Including capital,
operational and replacement costs; and guidelines or rules that may
be established by Iowa City relative to industrial users, provided
said guidelines are applied uniformly within the two cities.
17. All wastes other than domestic wastewater originating In University
"eights shall be in compliance with all applicable pre-treatment
i
requirements of the United States Environmental Protection Agency and
the Iowa Departmant of Nature Resources. Such pre-treatment require-
ments may Include, but are not limited to, oils, toxic metals,
biocides, dissolved salts, acids, and alkalies or any other materials
that nay violate applicable sludge disposal, stream, or effluent
standards. University Heights agrees that, in the event the content
of the wastewater received from University Heights exceeds normal
domestic strength wastewater and such excesses cannot be traced to
the source or sources, University Heights shall construct such pre-
treatment facilities that will result in a discharge of normal
domestic strength wastewater if requested by Iowa City to do so. In
the event that such Pre-treatment facilities are not under construc-
tion within six (6) months after written notice by Iowa City and
completed within eighteen (18) months thereafter, Iowa City shall
have the right to charge University Heights residents on the same
basis as significant industrial users.
Any material which could damage the sanitary sewers, lift stations or
I I
the wastewater treatment plant process shall be prohibited, and
University Heights shall be responsible for the expense of any and
all repairs occasioned thereby. The sampling of the sewage shall be
C
I
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on the basis of a 24-hour composite sample which may be verified by a
three (3) day sample using Iowa City's sampling device. University
Heights agrees to permit Iowa City to install a sampling device to
collect necessary samples upon prior notification.
18. Iowa City shall be responsible for the enforcement of such pre-
treatment regulations in University Heights from and after its
acceptance of the University Heights sanitary sewer system as
provided in paragraph 8 above, and nay thereafter require users In
University Heights to install pre-treatment facilities as provided by
applicable regulations of the EPA, DNR, and/or City of Iowa City.
University Heights agrees to enact ordinances as necessary to allow
enforcement of said regulations In University Heights.
19. Iowa City and University Heights agree to adopt all necessary
ordinances and such other additional rules and regulations as may be
required by the EPA or the ONR for the proper control and operation
of the unified sanitary sewer system, including wastewater treatment
facilities. Such ordinances shall also establish rates and charges
for residential and industrial users which ara in accordance with
applicable Federal guidelines. In addition, such ordinances (and
additional rules and regulations as may be necessary) shall control
the construction, operation and maintenance of the sanitary sewers
and treatment facilities so they will meet or exceed EPA and ONR
guidelines.
20. There shall be a mutual inspection of facilities mentioned in this
agreement at any time either party my request such Inspection. If,
as a result of such inspection, it is determined by either party that
there is a discrepancy In data and this discrepancy cannot be
resolved by the parties, then such discrepancy or dispute shall be
resolved as provided In Part , paragraph _.
Part 1V - General Provisions
1. Term of Agreement.
N
-2e -
This Agroeunt, and taro City's obligation to provide water utility
service and sanitary sewer service to University Haight, as herein
provided, shall terminate an January 1, 2019, unless renewed as
provided 1n paragraph A.
2. Dispute Resolution - Arbitration.
The parties agree that any dispute arising between them In the
application Or Interpretation of this Agreement may by mutual
agreement be submitted to arbitration. Any request for arbitration
fron one party to the other must be in writing. Upon agreement to
submit to arbitration, the parties shall sign and acknowledge a
written agreement specifying which issues are to be submitted to the
arbitrators and the arbitration proceeding shall be limited to such
issues. Arbitration shall be binding only if so agreed by the
Parties In advance thereof. Arbitration shall be conducted as
fall owne :
(a) If the parties agree, there may be one ,bitretor; Otherwise
there shall be three, one named In writing by each party to this
Contract and the third chosen by these two arbitrators.
If they fail to select A third within fifteen days, then such
arbitrator shall be chosen by the presiding officer of the state
or county bar association nearest to the location of the work.
Should the party requesting arbitration fall to name an
arbitrator within ten days of its demand, Its right to arbitra-
tion shall lapse. Should the other party fail to choose an
arbitrator within the said ten days, then such presiding officer
Mill appoint such arbitrator. Should either party refuse or
neglect to supply the arbitrators with any papers or Information
demanded In writing, the arbitrators are empowered by both
parties to proceed ex parte.
(b) No one shall be Qualified to act as an arbitrator for whom
serving in such a role would create a conflict of Interest.
Each arbitrator selected shall be qualified by experience and
-25 -
knowledge of the work Involved in the utter to be submitted to
arbitration.
(c) If there be one arbitrator, the award shall be binding; if
three, the award of any two shall be binding and may be
impeached only for fraud or mistake. Such award shall be a
condition precedent to any right of legal action.
(d) The arbitrators, if they dame that the case demands it, are
authorized to award to the party whose contention is sustained
such sums as they deem proper for the time, aspens. and trouble
Incident to the arbitration and. If the arbitration was taken
without reasonable cause, damages for delay.
(e) The costs of arbitration shall be shared equally by the parties.
(f) The award of the arbitrators shall be in writing and It shall
not 6e open to the b]action on account of the form of the I
proceeding or the award.
0. Declaration of Default and Notice; Remedies Upon Default.
In the event that either party determines that the other has 1{
defaulted in the performance of its obligations hereunder, the i
aggrieved party nay declare that default has occurred and give notice '
thereof to the defaulting Darty. Notice of default shall be given in
writing, shall specify the nature of the default and the provision of
the Agreement involved, and shall specify what action is required of
the defaulting Darty to correct the default. The defaulting party
shall have DO days from the data of its receipt of the notice of
default to correct the default. If at the end of said DO -day period
the default has not, In the opinion of the aggrieved party, bean
corrected, that party may thereupon pursue all lawful remedies,
Including but not limited to, an action to declare the termination of
this Agreement, an action for $Pacific performance thereof, an action
for damages for breach thereof, or an action for alternative relief.
-g6-
1. Renewal. This Agreement shall automatically renew for additional
periods of tan years, unless either party shall give notice to the
other, In the form of ■ written resolution of the city council, of
Its decision to terminate the Agreement on the termination date.
Such notice shall not be effective unless delivered to the other
Party at least 180 days prior to the termination date.
5. Effect of Termination or Non -Renewal. In the event that this
agreement is terminated as provided to paragraph 3 above or In the
event that this Agreement 1s not renewed as provided 1, paragraph e
above, the parties agree that Iowa City shall be obligated to provide
water utility service and sanitary sewer service, as herein provided
In parts 11 and III, for not more than two years after temination
occurs or is judicially declared, during which time University
Heights shall be required to enact or continue In effect the same
rates and charges for such services as are In effect in Iowa City,
and to authorize Iowa City to collect those rates and charges from
University Heights residents., During said two-year period, Iowa City
shall be required to perform only routine maintenance on said
systems, and University Heights shall be responsible for all repair
and replacement thereof.
Thereafter, (a) Iowa City shall be entitled to cap its water distri-
bution mains in University Heights; (b) University Heights shall not
make use of any of such water mains unless and until It has completed
the purchase of the entire water distribution system in University
Heights from Iowa City, which purchase shall be completed in
accordance with the provisions of Section of the 1987
Code of Iowa; (c) Iowa City shall be entitled to plug sanitary sewers
from University Heights at the points of interconnection shown an
Exhibit A; and (d) University Heights shall assume jurisdiction and
control of the sanitary sewer system in University Heights and all
responsibility for the treatment of wastewater generated in
University Heights.
6. For purposes of this Agreement, the following terms shall have the
following meanings:
-27-
(1) 'Normal Strength Oomestic Wastewater- means sewage which has no
more than 350 parts per million of suspended solids and the
five-day II.O.D. does not exceed 300 parts per million. The
gnaw content shall not exceed 300 parts per million.
(2) 'Significant Industrial User' means any person, firm, or
corporation owning, and Includes the occupants of, any land,
parcel of real estate or buildings where waste is produced which
is discharged Into the sewer system and which:
(a) Has an industrial waste discharge of fifty (50) thousand
gallons of equivalent normal domestic waste, or
(b) Has an Industrial waste discharge greater than 5% of the
flow to the treatment plant,
(c) Has, in its waste, a toxic pollutant in amounts as defined
in standards issued under Section 307 of the Federal Yater
Pollution Control Act Amendments of 1972, or
(d) If found by Iowa City or the DNR to have significant
impact, either singularly or In combination with other
contributing industries, on their treatment works or upon
the quality of effluent from the treatment works.
(3) 'Sewer User' or 'User' means and Includes residential
contributors, as defined at Section 33.43 of the Code of
Ordinances of the City of Iowa City, and significant industrial
users defined herein at Section 33-76.16.
7, References herein to particular agencies of the Federal or State
government shall mean and include the successor agencies thereof.
References to particular provisions of the Iowa Code or to particular
provisions of the Code of Ordinances of the City of Iowa City shall
man and Include successor provisions thereof.
8. This Agreement, upon Its effective date, replaces and hereby voids
and nullifies any previous agreement governing Iona City's provision
Of water utility service and sanitary sever service to University
Heights.
9. If, for any reason, any part of this Agreement Is held unconstitu-
tional, illegal or void, said decision shall not affect the validity
of the remaining portions of this Agreement.
City of Iowa City
MEMORANDUM
Date: October 25, 1988
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Outdoor Service Cafes
Dancing Permits
Recently Councilmember Larson requested a comparison of regulations
governing outdoor service areas versus Plaza cafes. A chart has been
prepared and is attached for your information. It is important to note
that Plaza cafes that serve liquor must comply with all regulations
relating to outdoor service areas except provisions relating to location
and screening.
Another question arose regarding the history of City issued dancing
permits. As late as 1951 the City issued dance hall permits to
establishments that did not serve intoxicating liquor (see Chapter 63
attached) In 1965 Ordinance No. 2345 was adopted that authorized dancing
in connection with Class B Beer licenses only. It wasn't until August of
1972 (Ordinance No. 72-2639) that dancing was authorized in establishments
holding a liquor control license.
bdw2-3
Attachments
Outdoor Service Areas
Outdoor Service Areas
Plaza Cafes*
(Current)
(Proposed)
a)
Must be on private property;
Same
FJcamt
Permitted in any commercial zone Does not apply
cannot encroach onto street
residential zone or within
Adoption of resolution
right -of -ray
of a residential zone
authorization lease for
comply with building, housing,
Same Same
area (certain zones only)
b)
Not located in front yard
Must be set back 20 ft. from
Doenpt
square feet of floor area
street right -of -tray minimum of
i)
Amplified sound equipment
Same same
500 sq. ft. on building side
prohibited-
rohibitedj)
j)
proposed for use; mist be operated
Same Same
in conjunction with restaurant
c)
Screened on all sides;
Same
a mpt
requirement can be waived
by City Council
d)
Accessible from licensed
Same
Exempt
establishment only; require-
III
ment can be waived by City
Council
e)
Immediately adjacent to
Same Exempt*
licensed establishment
f)
Cannot be located within a
Permitted in any commercial zone Does not apply
residential zone or within
provided no part within 100 ft.
100 ft. of a residential use
of a residential zone
g)
comply with building, housing,
Same Same
fire codes and state and city laws
h)
Not exceed one person per 15
Same Same
square feet of floor area
i)
Amplified sound equipment
Same same
prohibited-
rohibitedj)
j)
Required to observe same per
1' 'ts that
Same Same
sq. ft. occupancy nm>
apply to the building it abuts
*Due to limited hours and months of operation, plaza cafes serving alcoholic beverages must oonply with
all regulations relating to outdoor service areas except provisions relating to the location and
screening.
Chapter 63
DANCE HALLS
63.1 PUBLIC DANCE HALL DEFINED: A pub.
llc dance hall, within the meaning of this section,
shall be any building, hall, room, Inclosure, struc-
ture, platform, floor, or place wherein any dance
is conducted or permitted, and for admission to
which or for participation In which, anything of
value Is charged or required, or to which the pub-
lic generally is admitted with or without the pay.
.. ment of a fee, or to which the public is invited by
general or private Invitation. Provided that any
dance conducted by any fraternal or patriotic
order, association or club, or by any school,
church, charitable or religious organization,
wherein admission is confined to Its own mem-
bers shall be exempt from the provisions of this
section.
63.2 LICENSE REQUIRED—FEE: It shall be un.
' lawful to use or permit to be used, any public
dance hall for a public dance without first secur.
V Ing a license for the use of the same. Every per-
son to whom a license for conducting a public
dance, or series thereof, is issued, shall post the
same In a conspicuous place in the place covered
•� by such license. The fee for the issuance of such
i license shall be One Dollar ($1.00) and shall be in
addition to the mayor's fee of One ($1.00) Dollar.
63.3 BUILDING REQUIREMMSt No license
for a public dance shall be issued until it shall be
found or determined that the place for which it is
i Issued complies with and conforms to all laws,
ordinances, health and fire regulations applicable
t thereto, and that same is properly ventilated and
supplied with sufficient and separate toilet con-
venlences for each sex, and Is a safe and proper
place for the purpose for which It shall be used.
63.4 CLOSING HOUR: It shall be unlawful to
keep open, or operate a club, dance or place of
enterichumenl on any day between the hours of
1:00 o'clock A. M. and 6:00 o'clock A. M. within
the City of Iowa City, Iowa.
561
DANCE HALLS Cb, 63 It 9,143,8
Any person, firm or corporation violating the
above provisions shall be subject to a fine of not
less than Ten Dollars ($10.00) nor more than One
Hundred ($100.00) Dollars or Imprisonment for not
less than one (l) day nor more than thirty (30)
days in Jodi.
0. 1831.
63.$ AGE I.M. It shall be unlawful to per-
mit any person who has Rot reached the age of
sixteen years to attend or to remain at any dance
unless such person is accompanied by the par-
ents, guardian, or other responsible person, hav-
ing proper custody of such minor. It shall be un-
lawful for any person to falsely represent himself
or herself to be the parent guardian or other per-
son, having proper custody of such minor in order
that such minor may attend or remain at any pub-
lic dance.
63.6 PERSONS AND CONDUCT PROHEBrM:
It shall be unlawful for any person to whom a
dance license is issued or for any person conduct -
Ing or having charge of a public dance hall to
allow or permit therein any indecent act to be
committed or any disorder or conduct of a gross
violent or vulgar.character or to permit in or any
such dance hall any known prostitute, pimp, or
procurer, any person known to be of bad moral
character or any person awaiting trial upon
charges of moral turpitude.
63.7 INTOXICATING LIQUOR: It shall be un-
lawful for any person to take any intoxicating
liquor into any dance hall, or to drink any intoxi-
cating liquor therein, or give or sell any intoxicat-
ing liquor therein, or be in any dance hall In an
intoxicated condition or under the influence of in-
toxicating liquor,
63.8 REFUSAL TO OBEY ORDERt It shall be
unlawful for any person to refuse to leave such
hall, or otherwise to disobey any order of a police-
man or policewoman given in the discharge of his
or her duty to preserve order at such dance, or to
otherwise enforce the provisions of this ordinance.
249
I
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Y
ORDINANCE NO. ti.rs+e
AN ORDINANCE AUTHORIZING DANCING IN CONNECTION WITH THE OPER-
ATION OF A LIQUOR CONTROL LICENSE OR A CLASS 1 BEERWITH LICENSE:
PROVIDING FOR LTHETI LICENSING AND REGULATIONS THERBpORB1 AND
PROVIDING PENALTIES POR THE VIOLATION THEREOF.
BE IT BNACrBD BY THE CITY COUNCIL OF IOWA CITY, IOWA.
SECTION I PURPOSE• The purpose of this Ordinance is to authorize
dancing, in connection with the operation of a liquor control license
or a class B beer permit within the corporate limits of Iowa City,
Iowa, and to provide for the licensing, and regulations therefore.
SECTION II AUTHORIZATION. Dancing is hereby authorised 1m
connection with the operation of a liquor control license or a class
B beer permit in establishments having, at least 200 square Feet for
dancing subject to the licensing provisions and regulations of this
Ordinance and the statutes of the State of Iowa.
SECTION III ' LICENSE REQUIRED. It shall be unlawful for any
holder of a liquor control license or a class B beer permit to allow
dancing in connection with the operation of said business without
first securing a license therefore iron the City Clerk of Iowa City,
Iowa.
SECTION IV APPLICATION. A verified annliution for t !ice. -.-.a
to allow dancing in connection with the operation of a liquor control
license or a class B beer permit shall be filed with the City Clerk
and ehgll contain the following information:
• A. The name and address of the applicant.
B. The location of the place of businesi of the liquor
control license or class B beer permit.
C. That he is a bonsfids holder of a liquor control license
or a class B permit.
D. That he consents to the entry of members of the Iowa
City Police, Fire, and Health Departments without a search warrant to
inspect the premises for violations of this Ordinance.
B. A statement from the Chief of Police; the Fire Chief, and
the Building Inspeuor that the premises comply with the Ordinances
of the City of Iowa City and the statutes of the State of Iowa,
P. A detailed sketch and description of the promises.
Said sketch shall include all rocas or enclosures which are operated
N
Ordinance No.t1l,a i
in -connection with the said liquor control license or' class A bur
Permit wherein the dancing shall be allowed and shall show the area
designated for dancing and its dimensions.
G. A check, money order, or bank draft for the license fee
required by the provisions of this Ordinance.
SECTION V LICENSE FEE. The annual license fee shall be fifty
dollars ($S0,00) for each 200 square feet of dancing area. Said fee
shall be prorated for fractions of the square foot requirements. The
initial license shall be valid for the same time period as the appli-
centb liquor control license or class E beer permit, and the cost
thereof shall be prorated on that basis of time.
SECTION VI' LICENSE ISSUANCE. If an application is in the proper
fora, the City Clerk shall place the application on the agenda of the
next regular Council meeting at which the City Council may by resolu•
tion grant a license if this Ordinance has baen complied with, If the
resolution is approved, the City Council shall issue a license to the
applicant.
SECTION VII" REVOCATION. In the event that an applicant violates
any of the provisions of this Ordinance or Ordinance 12605 or Chapter
123 of the Code of Iowa, his license shall be automatically revoked;
and no refund shall be made of the license fee.
SECTION VIII" REFUNDS. Any license holder who shall voluntarily
surrender his license shall be entitled to a refund for the balance
of the term remaining.
SECTION 'IXMISDEMEANOR. Any person who violates any provisions
of this Ordinance shall be subject to a fine of not to exceed one
hundred dollars (=100) or to imprisonment for not more than thirty
(30) days.
4 SECTION X 'SAVINGS CLAUSE. If any section, provision, or part
of this Ordinance shall be adjudged 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 un•
constitutional.•
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9
.. ... ' sl -
Ordinance No, 7619
SECTION XI BFFBCTIYB DATE. This Ordinance shall become
effective after its final panape, approval, and publication as
required by lar.
It was moved by Hicksrson " and seconded by _Connell_
that the Ordinance as read be adopted, and upon roll Call there wares
AYES: ' NAYS: " ABSBM
X ""' Brandt
.k. ""' ""' Connell
X
Czarnecki
Hickerson
White
ATTSSTs" "aLL
City Clerk.
Sk su� 9.18-'10. TO
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I':
City of Iowa City
MEMORANDUM
DAT E : October 25, 1988
TO : %Iayor & City Council ,
FROM : \Iarian K. Karr, City Clerk 4b
RE : Candidates for special City Election
To date the following candidates have picked up
nomination papers:
One Year Term
John Balmer
Fred Bluestone
Three Year Term
Mary Joan Streb
Kenneth Wessels
Karen Kubby
The first day papers can be filed is next Dlonday,
October 31. The deadline for filing is Wednesday,
November 23.
A 44
- ....... .
5
City of Iowa City
MEMORANDUM
DATE: October 19. 1988
TO: Steve Atkins, City lianader
FROM: Patt Cain, Economic Development Coordinator
RE: Iowa City's 150th Birthday
On Wednesday I met with the Chamber's "Celebrate Iowa City, -
Committee. In discussing its plans, the Committee decided to
plan and coordinate activities for Iowa City's birthday
celebration this year, fi understand the exact date is [hay 4.)
I know the City Council has been interested in somehow
commemorating the sesquicentennial, and members may want to use
this Committee as the city-wide planning vehicle. TheCommitteewill also be working with the school system on this to make the
day (and probably Thursday through Saturday) a community
celebration.
If you have any questions, just call.
I
City of Iowa City
MEMORANDUM
Date: October 20, 1988
To: Iowa City City Council
From: Bette Meisel, Senior Center Coordinator
Re: Senior Center Commission
It has come to my attention that after receiving Geri Hall's letter of
resignation from the Senior Center Commission, you had expressed concern
about the time demands placed on Commissioners.
Geri and I discussed her letter before you received it. Geri is a person
who gives her all to any task she undertakes. Before Geri was appointed
to the Commission, she arranged a series of workshops on Alzheimer's
Disease and lead a support group for three years. Since she was appointed
she has, unfortunately for us, begun work on a master' degree, been
appointed by the Governor to a State-wide commission and does extensive
consulting out-of-town, besides working full-time. Obviously, something
had to go and she chose the Commission.
We agree with you that the healthiest commission for the Senior Center is
one made up of members of the user group and community volunteers who can
contribute their expertise in other areas including aging, to the
Commission. The problem is that our user group was expressing resentment
that people on the Commission who were not involved in any way with
programs, activities and services at the Senior Center were in a position
to advise on policy for the Senior Center.
The staff and the Senior Center Commission have made a tremendous effort
to increase the visibility of the Senior Center Commission. September is
a good example.
- Five -Year Goal Committee: Two meetings on Fridays from 9:00-11:00
a.m.
Members: Bill Coen, Ruth Wagner, Jack Bock
- Senior Center Commission Executive Committee: One meeting from 8:00-
10:00 a.m.
Members: Geri Hall, Jean Hood, Ruth Wagner
Joint Senior Center Commission/Council of Elders Meeting: Monday,
the 19th, 2:00-5:30 p.m.
- Senior Center Commission Meeting: Monday, the 19th, 3:30-5:00 p.m.
- Birthday Celebration (Town Meeting and Potluck): Friday, the 23rd,
3:30-7:00 p.m.
/� X#
A
01
- One Commissioner represented the Senior Center Commission at meetings
of the City Council and Board of Supervisors.
The Joint Senior Center Commission/Council of Elders meeting was planned
because Commissioners, through their attendance once a year at the Council
of Elders meeting, identified a problem of lack of communication and
agreed to occasional joint meetings with the Council of Elders. Their
idea was that in this way those elders selected by their peers could
better understand that the roles of the two groups were complimentary, not
opposed.
Attached is the letter the Senior Center Commission sends to all
prospective members of the Commission when they submit applications to the
City Clerk and before you appoint them. The letter attempts to give
people a realistic picture of what being a member of the Commission
entails.
Because so many of the other City boards and commissions meet at the
Senior Center, such as Planning & Zoning every Monday night in October
through December from 7:30 p.m. to at least 10:00 p.m., and because we
receive the monthly minutes of all boards and commissions, we are well
aware of the time commitment they also make.
The Senior Center Commissioners have always given generously of their
time. From the period before we opened when we had long meetings with
agency boards regarding their space needs to the changing Center needs of
today. Each new Commissioner chooses where and when they will expend
their energies. Each Commissioner then makes an individual choice.
I hope this explanation answers your questions about what is asked of
Senior Center Commissioners. The operative word is "asked." If I can
answer any other questions or concerns you may have, please do not
hesitate to call.
bdw4-8
CITY OF IOWA CITY
CNIC CENTER 4.10 E. WASHNGTON ST. IOWA CITY. IOWA 52240 (319) 356-5C00
September 22, 1988
Dear Senior Center Commission Applicant:
It is the custom of the City of Iowa City, after you are appointed to the Senior
Center Commission, to send you a list of your responsibilities. It occurred to
us, who are presently serving on the Commission, that it would be helpful to an
applicant to know beforehand what the job entailed.
At our September meeting we discussed the activities we had been involved in during
our tenure on the Commission. Among them were: serving on special committees such
as the Senior Center Five Year Goal Committee, the monthly Executive Committee, the
Volunteer Recognition Committee, etc. Each year each of us agrees to attend one
City Council meeting, one meeting of the County Board of Supervisors, and one
meeting of the Council of Elders; we appear at the budget hearing of the City and
County; our telephone numbers are listed each month in the Senior Center POST so
that participants of the Center can call us with compliments, complaints Fr—to
chat. We spent a lot of time last year lobbying elected officials in support of an
additional staff person for the Center; we attend special events at the Center such
as Older Americans' Day, the Annual Anniversary celebration, etc. The staff calls
on us when our outside expertise or influence might help the Center or when our
physical presence as a speaker might help the Center. Most of all the staff and
the participants rely on our commitment to the Center to advance its interests,.
fight its battles, and share in Its successes.
Naturally, none of us does all of the above, some of us do almost all and a few
of us do far less. The point is that.to really carry out the responsibility of a
Senior Center Commissioner, one needs to know the Center. One needs to be familiar
not only with theories on aging or centers or group process, but with the reality
of what occurs at our Center, who the people are who use it, and what the staff
and volunteers are working on. The way you absorb the spirit of the Center is by
spending time at the Center.
We hope that this explanation does not scare you off. We offer it to you as an
explanation of how much you are needed, how well your talents and interests could
be put to use and how much your time spent here will be appreciated.
Enclosed you will find a packet of information including a list of the Commissioners
and the duties of the Senior Center Commission. Please contact me or any other
Commissioner if you have any questions.
Sincerely,
Henry Fo7nter
e -Ch rperson (Retired)
Senior CCo ission
HF:jp
A� III -lel
City of Iowa City
MEMORANDUM
Date: October 26, 1988
To: City Council
From: Roy Justis, Broadband Telecommunications Commission Chairperson
Re: BTC Decision Regarding the Non -Profit Organization (NPO) to
Manage and Operate Cable Channel 26
At the BTC's October 20 meeting, consultant Sue Buske from The Buske Group
in Sacramento outlined the alternatives available to the City regarding
the process of a set-up of an entity to run Channel 26 (an option
available to the City as a result of the City/Heritage contract).
Buske stated there are two processes usually used to determine who and/or
how the NPO can be selected. One is the Request for Proposals (RFP)
process which the BTC has previously discussed. This process involves
determining the requirements, terms and conditions, and evaluation
criteria to be included in the RFP: drafting and issuing the RFP;
evaluating responses to the RFP; and selecting a proposal that meets the
City's and community's needs. If the RFP process does not result in a
"successful" proposal being selected, which is distinctly possible because
of the unique nature of the needs of the NPO, the City would be back to
"square one" and out a considerable amount of time, money and effort.
The other process Buske outlined involves the sole purpose access corpora-
tion route. In this process, the City (often the BTC and staff) iden-
tifies major umbrella community groups, such as the Chamber of Commerce,
United Way, Arts Council, Public Library, Ecumenical Consultation, etc.
which may be interested in appointing members to a board of directors that
would ultimately manage Channel 26. In Iowa City's case a survey of all
non-profit groups has already been conducted and considerable interest in
having a representative on such a board has been expressed by many
organizations. The board and staff then drafts Articles and Bylaws and
finally incorporates. The management of Channel 26 is then transferred
from Heritage to this board (which is funded by Heritage as agreed upon in
the contract). Most NPOs are formed in this manner, and this method
allows widespread community representation, which is very important to the
success of a community channel.
The BTC voted unanimously to follow the sole purpose access corporation
route and intends to follow-up with the next steps to seeing this process
through. The possible advantages of time and money savings, having
widespread community representation, and frequency of success with this
approach in other communities all played a part in our decision. The
timetable sets July 31, 1989, as the date for completion of all tasks
Involved and the transfer of management. The next few steps involve
identifying interested Iowa City umbrella organizations and discussing
with them the steps, opportunities and potential of the NPO and Channel
26.
/G�5
z
The BTC is interested in ensuring that Council is aware of the decisions
and steps being taken with regard to this endeavor. If Council desires,
the BTC will be glad to send a representative to further explain our
decision.
/pct
.112
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z
The BTC is interested in ensuring that Council is aware of the decisions
and steps being taken with regard to this endeavor. If Council desires,
the BTC will be glad to send a representative to further explain our
decision.
/pct
.112
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6r«ce
OCTOBER 19, 19BB
PLANNING AND ZONING COMMISSION
C/O PLANNING AND PROGRAM DEVELOPMENT DEPT.
410 EAST WASHINGTON ST.
IOWA CITY, IOWA
SUBJECT: PRESS CITIZEN REZONING
MEMBERS OF THE PLANNING AND ZONING COMMISSION:
I REPRESENT WASHINGTON PARK PARTNERS THE OWNERS OF THE VACANT ONE
ACRE PARCEL OF LAND AT THE CORNER OF NORTH DODGE STREET AND OLD
DUBUQUE ROAD. THIS IS THE SOUTHWEST CORNER OF THE DODGE/DUBUQUE
ST. INTERSECTION.
THE OWNERS DO NOT OBJECT TO THE LAND USE PROPOSED By THE PRESS CITIZEN.
HOWEVER, THE FUTURE USE OF THIS ONE ACRE TRACT CHANGES FROM ITS PRESENT
CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL TO A DIFFERENT CLASSIFICATION.
WE REQUEST THAT THE COMMISSION REQUIRE THE PRESS CITIZEN TO COMPLY WITH
ALL THE RULES AND REGULATIONS THAT ARE IMPOSED ON THE OTHER LAND DEVELOPERS
IN IOWA CITY. WE REQUEST THAT YOU REQUIRE THAT THE SANITARY SEWER THAT
IS NOW EXISTING IN THE PRESS CITIZEN LAND BE EXTENDED FROM THE PRESENT
SANITARY SEWER MANHOLE TO THE WEST AND TERMINATE IN A MANHOLE IN THE
RIGHT OF WAY OF NORTH DODGE STREET. THIS TERMINAL MANHOLE SHOULD BE
AT THE LOW SPOT WHERE THE CULVERT EXISTS UNDER NO. DODGE ST.
THIS EXTENSION WILL ENABLE THE CITY TO ENTER INTO AN AREA SEWER EXTENSION
BY GOING UNDER THE HIGHWAY AND EXTENDING THE SEWER TOWARDS THE MOSS DAIRY
TERRITORY AND SOUTH ALONG THE HIGHWAY.
SINCERELY:
WASHINGTON PARK PARTNERS
/2n I
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BRUCE R. GLASGOW //c//�Q�y
834 NO. JOHNSON STV
IOWA CITY, IOWA
October 19, 1988
• �Lf�tyrl4u�-� v 7VI/4w-C.
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�ock
Assistant Chief of Police
Iowa City Police Department
410 E. Washington
Iowa City, Iowa 52240
To Assistant Chief Stock:
Jan Stewart
150 S. Westminster
Iowa City, Iowa 52245
I want to thank -you for emergency police services given
to us on July 19, 1988. Although I do not know the offi-
cer's name or badge number, I sincerely hope that our mes-
sage can some way be forwarded to him.
At 8:30 AM on the morning of July 19, when I entered my
child's room to awaken her for the day's activities, I
found my 14 month old daughter, Hannah, was dead in her
crib. An autopsy found the cause of death to be SIDS (Sud-
den Infant Death Syndrome).
An officer responded promptly to my 911 assistance
call, although as a nurse and as a parent, I knew it was to
late for CPR efforts. The officer was so understanding of
our needs at the time, and conveyed so much empathy and
compassion towards us. He stayed with us and contacted a
neighbor, minister, and pediatrician to assist us; and was
available to us for support.
Most of all I appreciate being allowed to have extra
time with our child at our home before being rushed away to
the hospital. We held our baby, together as a family, for
one and a half hours, then drove in our own car with Hannah
in my arms to Mercy Hospital. At that point we gave our
beloved child to unknown people and began our life without
her. The officer will never be able to fully understand
how much that time together meant to us. Especially in the j
case of such a sudden, shocking death. It gave my husband
and myself time to say some goodbyes, and it also helped my
3 year old daughter to begin to understand that her little
sister was no longer breathing and moving and that she
would no longer be living with us.
0
I always knew our police department was prompt, profes-
sional, and effective. What I hadn't considered was that
an officer could also be so intuitive and understanding.
His actions that day truly came from the heart. That is
what makes him a completely professional officer and we
will always remember his actions. Thank you.
Sincerely,
�,gyJ S�CUJ
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