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HomeMy WebLinkAbout1987-04-07 ResolutionJ d(", RESOLUTION N0. 87-51 RESOLUTION TO REFUND CIGARETTE PERMIT INIERLAS, Billaro's Bar at 121] Richland Ct in Iowa City, Iowa, has surrendered cigarette permit No. 86-3 expiring June 30. ,19 87 , and requests a refund on the unused portion therof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 86-3 issued to Billaro's be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 25.00 , payable to Hawkeye Amusement as a refund on cigarette permit No. 86-3 It was moved by Strait and seconded by Dickson the Resolution as read be adopted, and op , upon roll call there were: i AYES: NAYS: ABSENT: Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber X Passed and approved this 7th day of Anril 1987 � OR Attest: -e 4eaw � A CLERIC #6a -1 RESOLUTION NO. 87-52 RESOLUTION TO ISSUE CIGARETTE PERMITS ;VIIEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell ciagrette papers and cigarettes: Coastal Branded Marketing Inc. dba Pester Derby #58 Coastal Branded Marketing Inc. dba Pester Derby H59 Super Spirits Shop Ltd. dba Super Spirits Shop Small Enterprises Ltd. dba Billaro's Bar Golden Oldie, Ltd. dba Golden Oldie It was moved by Strait and seconded by Dickson that the Resolution as rea e a opte , and upon roll ca t ere wre:e AYES: NAYS: ABSENT: Ambrisco X Baker R Courtney X Dickson R McDonald R Strait X Zuber X Passed and approved this 7th day of April 1987 - Mayor Attest: City Clete r�� i 'ifs 3 ■ RESOLUTION NO. 87_53 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Claes "B" Beer Permit or liquor control license, to wit: Silver L.G.R. Corp. dba College Street Club, 121 E. College Street. (11x13, 11x18, 13x20) It was moved by Strait and seconded by Dickso that the Resolution ag—react be adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Ambrisco X Baker x Courtney X Dickson x McDonald X Strait x Zuber x Passed and approved this 7th day of April , 19 87 . n Mayor Attest: ) �(, C y Clerk 3�)1) RESOLUTION N0. 87-54 RESOLUTION ADOPTING SUPPLEMENT NUMBER ORDINANCES OF THE CITY OF IOWA CITY, IR 31 31 TO THE CODE OF WHEREAS, the Municipal Code Corporation has ment to the Code of Ordinances of the Cit prepared the 31st WHEREAS y of Iowa City, I°wa— d suPPle- resalution as�a part of ts deemed hesaidCode of Ordinanriate to adopt ces, number 3 by NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1• That supplement number � of Iowa City, Iowa 31 to the Code of Ordinances of the City this reference made attached to this Resolution as Exhibit A Part of the said Code of Ordinances. s' is hereby official and by j y adopted as a this Resolution. Z• That the Mayor is authorized to sign, and the City Clerk to attest, It was moved b Resolution be ado ted Strait and seconded b P and upon roll call there were: y Dicke the AYES: NAYS: ABSENT: X Ambrisco Baker �_ Courtney X I Dickson X I McDonald X Strait Passed and a Zuber pproved this 7th day of Aril 198 7• MA 0 ATTEST: N a� 4107 �n M I I I I i I i 3fi.(1) SUPPLEMENTN0.31 *6 CODE OF ORDINANCES City of IOWA CITY, IOWA Looseleaf Supplement This Supplement contains all ordinances from the calendar quarter, October through December, 1986, which are suitable for inclusion in the Code; the latest ordinance in this Supplement is: Ordinance No. 86.3307, adopted December 16, 1986. See Code Comparative Table, page 2968. Remoue old pages Insert new pages xv, xvi xxi—xxiii xv—xvi.i xxi—xxiii Checklist of up-to-date pages Checklist of up-to-date pages 121,122 125,126 121-122.1 815,816 125-128 815-816.1 919-930 915-930 1568.1-1572 2267,2268 1568.1-1572 2301 2267,2268 2485, 2486 2301-2313 2485-2486.1 2497,2498 2497,2498 2501,2602 2501,2502 2535-2538 2535-2538.1 2581-2586 2581-2586.4 2609-2612 2619,2620 2609-2612 2967 2619,2620 2967, 2968 Index pages Index pages 2994.1-2996 2995-2996.1 3011-3012.2 3011-3012.1 3020.1, 3020.2 3068.1-3070 3020.1-3020.3 3086.1-3088 3069-3070.2 3087,3088 Note—An updated checklist of pages in Code is included, fol. lowing Table of Contents. *6 INSTRUCTION SHEET—Cont'd. Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida Murch, 3987 j Yl #07 TABLE OF CONTENTS Page Officials of City ............... . .................. iii Preface........................................ v Adopting Ordinance .............................. ix Checklist of Up -to -Date Pages ...................... I1] PART CHARTER Charter........:............................... 1 Art. I. Powers of the City . . . . .............. 2 Art. 11. City Council ...................... 3 Art. III. Nomination, Primary Election and Reg. _ ular Election ..................... . 6 Art. IV. City Manager .................... 7 Art. V. Boards, Commissions and Committees. 10 Art. VI. Campaign Contributions and Expendi- tures ........... 11 Art. VII. Initiative and Referendum ......... 12 Art. VIII. Charter Amendments and Review .. 19 Charter Comparative Table ........................ 71 PART II CODE OF ORDINANCES Chapter 1. General Provisions ........................... 121 Art. I. In General ...................... 121 Art. II. Procedures and Penalties for Municipal Infractions ....................... 126 2. Administration ............................. 177 Art. I. In General ........................ 177 Art. II. Council . . ........................ 180 Art. III. Officers and Employees ............ 181 Div. 1. Generally ..................... 181 Supp. No. 31 XV #07 i IOWA CITY CODE Chapter Page 181 183 183 186 187 187 187 189 190 191 192 193 194 199 202 251 251 251 303 303 305 307 324 325 339 363 363 372.1 431 431 431 483 483 484 Div. 2. Mayor ....................... Div. 3. Manager ..................... Div. 4. Attorney ..................... Div. 5. Clerk ........................ Div. 6. Personnel Practices ............. Art. IV. Boards and Commissions ........... Div. 1. Generally ..................... Div. 2. Civil Service Commission ........ Art. V. Department of Finance ............. Art. VI. Department of Housing and Inspection Services ......................... Art. VII.. Department of Human Relations .... Art. VIII. Department of Public Works ....... Art. IX. Administrative Code ............... Art. X. Financial Procedures ............... Art. XI. Department of Public Transportation . 3. Advertising .................... :........... Art. I. In General ........................ Art. H. Billposters, Billposting and Distributing 4. Airports and Aviition ........................ Art. 1. In General ........................ Art. II. Commission ...................... Art. III. Operation Regulations ............. Art. IV. Fire Regulations .................. Art. V. Airport Zoning .................... Art. VI. Self -fueling Regulations ............ 5. Alcoholic Beverages .......................... Art. I. In General ........................ Art. B. Liquor Control Licenses and Beer Permits. 6. Amusements ............................... Art, I. In General ........................ Art. II. Reserved ......................... 7. Animals and Fowl ........................... Art. I. In General ........................ Art. II. Pets ............................. Supp. No. 31 xvi Page 181 183 183 186 187 187 187 189 190 191 192 193 194 199 202 251 251 251 303 303 305 307 324 325 339 363 363 372.1 431 431 431 483 483 484 '\ TABLE OF CONTENTS—ConVd Page Chapter Div. 1. Generally ............ ...... 484489 Div. 2. Impoundment ................. Supp. No. 91 #O �\ TABLE OF CONTENTS—Cont'd. Chapter 29. Police ..................................... Art. I. In General ........................ Art. R. Department ...................... 30. Railroads (Reserved) ......................... 31. Streets, Sidewalks and Public Places ............ Art. I. In General ........................ Art. II. Excavations ...................... Div. 1. Generally ..................... Div. 2. Permit ....................... Art. III. Curb Cuts ....................... Div. 1. Generally ..................... Div. 2. Permit ....................... Art. IV. Numbering of Buildings............ Art. V. Sidewalks ........................ Div. 1. Generally ..................... Div. 2. Construction and Repair ......... Div. 3. Ice and Snow Removal ........... Art. VI. Use Permits ..................... Art. VII. Right -of --Way Sign Permits ......:. . 32. Subdivision Regulations ...................... Art. I. In General ........................ Art. II. Plate ............................ Div. 1. Generally ..................... Div. 2. Preliminary ................... Div. 3. Final ........................ Art. III. Standards and Specifications ........ 32.1. Taxation ................................. Art. I. In General ........................ Art. D. Hotel and Motel Tax ................ Art. III. Partial Property Tax Exemption for In. dustrial Property ................. �J 33. Utilities Art. I. In General ........................ Art. 11. Sewers and Sewage Disposal ......... Div. 1. Generally ..................... Div. 2. Private Sewage Disposal ......... Supp. No. 31 XXI Page 1967 1967 1968 2021 2121 2121 2126 2126 2133 2134 2134, 2136 2136 2137 2137 2138 2140 2141 2147 2197 2197 2202 2202 2202 2206 2211 2241 2241 2241 2242 2267 2267 2268 2268 2269 #107 IOWA CITY CODE Chapter Page Div. 3. Rates and Charges .............. 2271 Div. 4. Storm Water Runoff ............ 2274.3 Div. 5. Building Sewer Requirements and Industrial Waste Control ........ 2282 Div. 6. Industrial Waste Control—Additional Regulations ...................2282.13 Art. HI. Underground Electric Service ....... 2282.29 Art. N. Underground Telephone Service ..... 2286 Art. V. Water ........................... 2288 Div. 1. Generally ..................... 2288 Div. 2. Connections ................... 2291 Div. 3. Meters ....................... 2294 Div. 4. RatesandCharges.............. 2297 Art. VI. Public Utilities Regulations......... 2302 Div. 1. Title, Purpose, Definitions, Etc... 2302 Div. 2. Management of Public Utility Use of Public Right -of -Way; Public Util. ity Systems Planning .......... 2304 Div. 3. General Provisions ............ 2312 34. Vegetation ....... .......................... 2351 \J- Art. I. In General ........................ 2351 Art, II, Forestry ......................... 2351 Div. 1. Generally ..................... 2351 Div. 2. Arboricultural Specifications and Standards of Practice ........... 2360 Div. 3, Permits for Work on Public Property 2364 Art. III. Weed Control ..................... 2366 35. VehiclesforHire ............................. 2419 Art. I. In General ........................ 2419 Art. H. Taxicabs ......................... 2419 Div. 1. Generally ..................... 2419 Div. 2. Horse-drawn Vehicles ........... 228 36. Zoning ..................................... 2477 Art. I. In General ........................ 2477 Art, II.'Principal Uses and Requirements ..... 2502 Div. 1. Zones ........................ 2502 Supp. No. 31 xxii Y i TABLE OF CONTENTS—Cont'd. Chapter Page Div. 2. Overlay Zones ................. 2554 Div. 3. Additional Regulations .......... 2588 Art. III. Accessory Uses and Requirements .... 2597 Art. IV. General Provisions ................ 2650 Div. 1. Dimensional Requirements ...... 2650 Div. 2. Tree Regulations ............... 2655 Div. 3. Performance Requirements ...... 2664 Div. 4. Nonconformities ............... 2670 Div. 5. Implementation ............... 2674 Div. 6. Appeals ...................... 2681 Appendix A. Reserved .................................. 2787 Statutory Reference Table ......................... 2913 Code Comparative Table -1966 Code ................. 2935 Code Comparative Table—Ordinances ............... 2941 CharterIndex ................................... 2971 CodeIndex ...................................... 2977 _J Supp. No. 31 xxiii F'•r A• � r I D 7 Checklist of UP -to -Date Pages (This chcekDst will be updated with the 1 From our experiePrinting of each Supplement) nce i page-fon publishing Looseleaf Su r -page substitution basis, it has Supplements on a i usage and supplementation men become evident that through moved in error. y pages can be inserted and re - The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each I In the first column pogo The second column reflects heal tubers are listed in sequence. they should appear in an u t latest printing of the pages as etters "oc,, indicate the pages have not pbeen areprte intedeinthe The lSupplement Service and appear as published for the original Code. When n page has been reprinted or printed in the Su this column reflects the identification number or Su Number printed on the bottom of the papa, Supplement Service, pplement In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from Code and subsequent Supplements. the original I Page No. Supp, No. Page No. Title page S°pp•No. iii OC 6,13 V, A OC 7,8 24 vii OC 9,10 24 ix, x11,12 24 xi, xii OC 13,14 24 OC 16,16 24 xiii, xiv OC 17,18 24 xv, xvi 31 19,20 24 xvi.i 31 71 24 xxxviii 28 121,122 27 xix, xx i xxi, xxii 28 122.1 31 f 31 123, 124 31 1, 2 1 2 31 126,128 OC 3,4 24 127,128 31 27 177,178 31 Supp. No. 31 16 F I IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. 179,180 27 366.1 29 181,182 18 367,368 23 183,184 25 369,370 23 185,186 25 371,372 18 186.1 25 372.1, 372.2 18 187,188 10 372.3 18 188.1 10 373,374 5 189, 190 OC 374.1, 374.2 5 191, 192 OC 375,376 OC 193,194 16 377,378 1 195, 196 OC 378.1 1 197, 198 OC 379,380 OC 199,200 6 381,382 29 201,202 16 383,384 29 251,252 28 385 29 303,304 26 431 28 304.1 26 483,484 8 305,306 13 485,486 8 307,308 14 487,488 8 309,310 14 489,490 8 311,312 14 491,492 8 313,314 14 493,494 8 315,316 14 495,496 8 317,318 14 497,498 8 319,320 14 623,524 24 321,322 14 525 24 323,324 .14 527,528 20 325,326 23 529,530 20 327,328 23 531,532 20 329,330 23 533,534 20 331,332 23 535,636 20 333,334 23 537,538 20 335,336 23 539,640 20 337,338 25 541,542 20 339,340 25 543,544 23 341,342 25 545,546 23 343,344 25 547,548 23 363,364 29 649,560 23 365,366 29 550.1, 550.2 23 Supp. No. 31 [21 ii CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 551,552 20 680.5, 680.6 20 553,554 20 680.7 20 555,556 20 681,682 11 557,558 17 683 20 559,560 17 737 24 661,562 17 811,812 OC 563,564 26 813,814 20 565,566 24 815,816 31 567,568 24 816.1 31 569,570 24 817,818 20 571,672 24 867,868 OC 573,574 24 915,916 31 576,576 24 917,918 31 577,578 24 919,920 31 579,580 24 921,922 31 581,582 24 923,924 31 583,584 24 925,926 31 -� 585,586 24 927,928 31 i 587,588 24 929,930 31 589,590 24 931,932 14 691,592 24 933,934 19 593,594 24 935,936 19 617, 618 OC 937,938 19 639,640 29 938.1, 938.2 19 641,642 29 939,940 1 ' 643,644 29 941,942 1 645,646 29 943,944 1 647,648 29 945,946 1 649,650 29 947,948 1 651,652 29 949,950 1 653,654 29 950.1, 950.2 1 655,656 29 951,952 1 671,672 17 953,954 1 673 675,676 17 955,956 11 957,958 1 677,678 20 959,960 1 19 679,680 20 961,962 19 680.1, 680.2 20 963,964 23 680.3, 680.4 20 965,966 1 Supp. No. 31 f3] • #107 -I IOWA CITY CODE Page No. Supp. No. Page No, Supp. No. 967,968 1 1155,1166 20 969,970 1 1156.1 15 971,972 1 1157,1158 g ' 973,974 19 1159,1160 g 975,976 30 1161,1162 8 976.1 30 1163,1164 977,978 19 1165,1166 8 978.1 19 1167,1168 20 979,980 1 1169,1170 20 980.1, 980.2 1 1171,1172 980.3, 980.4 23 1172.1 16 980.5,980.6 23 1173,1174 1 1175,1176 8 980.7, 980.8 23 1177,1178 21 980.8.1 23 1178,1 21 980.9, 980.10 19 1179,1180 1 980.11,980.12 19 1181,1182 5 980.12.1 19 1183,1184 18 980.13, 980.14 1 1185,1186 13 980.15, 980.16 1 1187,11881 r lb 981,982 29 1189,1190 13 983,984 29 1191,1192 13 984.1 29 1193 8 985,986 3 1229,1230 21 986.1 3 1231,1232 21 987,988 1 1233,1234 21 988.1 1 1235,1236 21 989,990 OC 1237,1238 23 991,992 29 1239,1240 23 993,994 29 1241,1242 21 994.1 29 1243,1244 21 995,996 11 1245,1246 21 997,998 1 1247,1248 21 999 11 1249,1250 21 1049 OC 1251 25 1149,1150 15 1297 28 1150.1 15 1351,1352 OC 1151,1152 8 1353,1354 OC 1153,1154 8 1355,1356 -18 Supp. No. 31 (4) cyM 4907 V CHECKLIST OF UP-TO-DATE PAGES Page No. Su pp. No. Page No. Supp. No, 1407,1408 1409,1410 28 1573,1574 11 1411,1412 28 1575,1576 OC 1577,1578 11 1413, 1414 OC 1579,1580 11 11 1415,1416 1467,1468 OC 1581,1582 11 1469,1470 14 1583,1684 14 1585,1586 11 27 1471,1472 1473,1474 14 1587,1588 11 1475,1476 14 1589,1590 14 1591,1692 11 1477,1478 14 1593,1594 11 28 1479,1480 1481 14 1595,1596 ' 2 1527,152818 14 1597 1643,1644 2 26 1529,1530 1631,1632 10 1645,1646 1533,1534 3 1646,1 11 1647, 1698 1 OC 1535,1636 1537,1538 11 1649, 1650 OC J 1539,1640 11 1651, 1652 11 1653, 1654 OC 1641,1542 11 1655, 1656 OC OC I 1543,1544 1545,1546 11 1657,1658 27 1547,1548 11 1659,1660 11 1661,1662 27 1549,1650 1551,1552 22 1662a, 1662.2 26 26 1553 18 1662.3,1662.4 26 1566,1556 18 1663,1664 11 1665,1666 14 1557,1558 14 1667,1668 14 28 1559,1560 11 1669 26 1661,1562 1663,1564 11 1681,1682 14 164.1 26 1683,1684 25 1685,1686 14 16565,1666 11 1687,1688 14 14 1567,1568 1668.1,1568.2 11 1689,1690 31 1691,1692 14 1569,1570 31 1693,1694 14 19 1571,1572 31 1695,1696 14 1572.1, 1572.2 11 1697,1698 14 Supp. No. 31 (6] �` *07 IOWA CITY CODE Page Supp, No. Page No. 1713,117171 4 Supp. No. 1715,1716 19 2127,2128 27 2129,2130 30 1716.1 1717,17 27 2131,2132 25 25 1719, 1720 OC 2133,2134 OC 2134.1 25 1721, 1722 1723, 1724 OC 2135, 2136 25 OC 1725,1726 OC 2137, 2138 23 OC 17 2139,2140 4 177755 ,1776 1777,1778 23 2140.1 18 2141,2142 4 1779,1780 26 2143, 2144 26 OC OC 1831,1832 2145, 2196 29 2147,2148 1833,1834 1835,1836 29 2149,2150 20 2 0 20 1837,1838 29 2151,2152 29 20 1839,1840 2197, 2198 29 OC 1841 1843,1844 2199,2200 29 2201,2202 16 1895,1846 12 2203,04 22 16 16 ^ 1847,1848 12 2205,2206 26 16 1848.1 2207,2208 16 -� 1849,1850 1851, 1852 26 2208.1 OC 2209, 2210 16 1853,1854 OC 2210.1 23 12 12 1855,1856 2211,2212 23 2213,2214 OC 18518b8 18688..1 27 2215,2216 3 1859,1860 27 2217 3 16 1861,1862 23 2241,2242 27 1863,1864 23 2243,2244 23 27 1903 1967, 1968 2245 24 2267,2268 27 3 1969, 1970 OC 2269 2270 7 7 2021 OC 2271, 2272 9 2121,2122 OC 2273,2274 29 2123,2124 21 2274.1,2274.2 29 2126 26 25 2274.3,2274.4 29 2126..11,, 2126.2 28 2276,2276 1 Supp. No. 91 28 2276. 1 1 [6] CHECKLIST OF UP-TO-DATE PAGES Page No. SUPP• No. Page No. 2277, 2278 OC Supp. No. 2279, 2280 2355, 2356 OC 2281, 2282 14 2357, 2358 OC 2282.1, 2282.2 14 2359, 2360 9 2282.3, 2282.4 7 2361, 2362 7 OC 2282.5, 2282.6 2363, 2364 7 OC 2282,7, 2282 8 2365, 2366 1 2282.9, 2282.10 7 2367,2368 1 2282-11,2282 .12 7 2369, 2370 7 13 2282.13, 2282.14 2282.15, 2419, 2420 20 2421, 2422 25 2282.16 2282.17, 2282.18 20 2423, 2424 25 25 2282.19,2282.20 2282-21,2282.22 20 2425,2426 27 2427, 2428 25 2282.23, 2282.24 20 2429 25 25 2282.25,2282.26 20 2477,2478 20 2479 25 2282.27, 2282.28 2282.29, 2282.30 20 2481, 2482 25 19 2283, 2284 20 2483, 2484 19 2285, 2286 OC 2485,2486 OC 2486,1 31 2287, 2288 220 OC 2487, 2486 31 22990.10,1 18 2489,2490 25 25 2291,2292 13 2491,2492 25 2292.1 6 2493,2494 25 2293, 2294 6 2495,2496 OC 25 2295,2296 229 2496.1 18 2497,2498 26 22988.1,1 29 2499,2500 31 25 2299,2300 29 2601,2602 31 2301,2302 1 8 2503,2504 27 2303,2304 31 2504.1 31 27 2305,2306 2505,2506 30 2307,2308 31 2506.1 31 30 2309,2310 2507,2508 28 2311,2312 31 2509,2510 22 2313 31 2511,2512 28 2351,2352 31 2513,2514 28 2353, 2354 O 1 1 2616,2616 28 Supp, No, 31 2517, 2518 28 [7] feu 4� #0 7 Y IONA CITY CODE Page No. Supp. No. Page No. Supp. No. 2519,2520 25 2593,2594 25 2521,2522 28 2595,2596 19 2523,2524 25 2597,2598 19 2525,2526 25 2599,2600 27 2527,2528 25 2601,2602 25 2528.1,2528.2 25 2603,2604 19 2529,2530 19 2605,2606 27 2531,2532 27 2606.1 27 2533,2534 27 2607,2608 19 2535,2536 31 2609,2610 31 2537,2538 31 2611,2612 31 2538.1 31 2612.1 27 2539,2540 25 2613,2614 25 2541,2542 25 2615,2616 27 2543,2544 25 2617,2618 25 2545,2546 27 2619,2620 31 2547,2548 27 2620.1 27 2548.1,2548.2 27 2621,2622 25 2548.3 27 2623,2624 29 2549,2550 25 2625,2626 29 2551,2552 - 26 2627,2628 29 2553,2554 26 2628.1 29 2555,2556 26 2629,2630 26 2556.1 26 2631,2632 27 2557,2558 25 2632.1 27 2559,2560 26 2633,2634 26 2561,2662 25 2635,2636 26 2563,2564 25 2637,2638 29 2565,2566 25 2639,2640 29 2567,2568 25 2641,2642 29 2569,2570 25 2642.1 29 2679,2580 19 2643,2644 24 2581,2582 31 2645,2646 28 2583,2584 31 2647,2648 25 2585,2586 31 2649,2650 27 2586.1,2586.2 31 2650.1 27 2586.3,2586.4 31 2651,2662 25 2587,2588 26 2653,2654 25 2591,2592 19 2655,2656 27 Supp. No. 31 [81 007 `T CHECKLIST OF 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2971,2972 27 3020.3 31 3021,3022 31 2973,2974 OC 3023,3024 28 28 Supp, No, 31 I 24 30253026 ' 24 [9) Supp. No. 31 r 110] �O� IOWA CITY CODE Page No. Supp. No. Page No. Supp - No. 3027,3028 28 3061,3062 19 2 3029,3030 26 26 3063,3064 3065,3066 18 j ; 3031,3032 3032.1,3032.2 26 3067,3068 18 31 3033,3034 28 3069,3070 3070.1,3070.2 31 3035,3036 3037,3038 .28 29 3071,3072 25 25 3038.1 29 28 3072.1 3073,3074 20 3039,3040 3041,3042 28 3074.1 24 14 3043,3044 27 3075,3076 23 3044.1,3044.2• 28 28 3077,3078 3079,3080 19 3045,3046 3047,3048 28 3081,3082 19 25 3049,3050 21 28 3083,3084 3085,3086 27 3051,3052 305 21 3087,3088 31 27 30544.1.1,,3030 54.2 28 3089,3090 27 3056 28 I6 3090.1 3091,3092 24 -� 3056.1, 3056.2 - 21 3093,3094 24 3057,3058 18 3059,3060 Supp. No. 31 r 110] �O� PART II CODE OF ORDINANCES Chapter 1 GENERAL PROVISIONS Art. I. In General, I4 1.1-1.19 Art. II. Procedures and Penalties for Municipal Infractions, II 1-20- 1.22 ARTICLE I. IN GENERAL' Sec. 1.1. How Code designated and cited. The ordinances embraced in the following chapters and sec. tions constitute and are designated the "Code of Ordinances, City of Iowa City, Iowa," and may be so cited. State law reference—Codification of ordinances, I.C.A. 1880.8. Sec. 1.2. Rules of construction. In the construction of this Code, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or repugnant to the context of the provisions: Generally. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or section of this Code, the provision which establishes the higher standards for the promotion and protection of the health and safety of the people shall prevail. Nothing in this chapter shall be construct] to repeal additional remedies or rights of action arising from a violation of any ordinance or Code section. $Editor's note—Inasmuch as Ord. No. 86.8299, 11, adopted Oct. 7, 1986, added Art. 11, H 180-182 to Ch. 1, the existing provisions of Ch, 1, being II 1d-1.9, have been designated Art. 1, at the discretion of the editor, l Supp. No. el 121 ,p�` dD , 14 § 1-2 IOWA CITY CODE 1 City. The words "the city" or "this city" shall mean the City of Iowa City, Iowa, and extend to its several officers, agents and employees. City attorney. The words "city attorney" shall mean the chief legal officer of the city. Clerk. The word "clerk" shall mean the clerk of the city. Computing time; holidays. In computing time, the first day shall be excluded and the last included, unless the last falls on Sunday, in which case the time prescribed shall be extended so as to include the whole of the following Monday, provided that, whenever by the provisions of any statute or rule pre- scribed under authority of a statute, the last day for com- mencement of any action or proceedings, the filing of any pleading or motion in a pending action or proceedings or the perfecting or filing of any appeal from the decision or award of any court, board, commission or official falls on a Saturday, a Sunday, the first clay of January, the twelfth day of Febru- ary, the third 'nlonday in February, t11e last Monday in May, the fourth day of July, t11e first Monday in September, the eleventh day of November, the fourth Thursday in November, the twenty-fifth day of December, and the following Monday whenever any of the foregoing named legal holidays may fall on a Sunday, and any day appointed or recommended by the governor of Iowa or the president of the United States as a day of fasting or thanksgiving, t11e time therefor shall be ex- tended to include the next day which is not a Saturday, Sun- day or such day hereinbefore enumerated. County. The words "the county" or ,this county" shall mean the County of Johnson in the State of Iowa. Delegation of authority. Whenever a provision appears re- quiring an officer of the city to do some act or make certain inspections, it is to be construes] to authorize the officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise. Gender. Words of one gender include the other genders. Supp. No. 31 122 #07 GENERAL PROVISIONS 41.2 Joint authority. words giving a joint authority to three (3) or more public officers or other persons shall be con- strued as giving such authority to a majority of them, unless otherwise provided. Land, real estate. The word "land" and phrases "real es- tate" and "real property" include land, tenements, heredit- aments, and all rights thereto and interests therein, equitable as well as legal. Efisdemeanor. The word "misdemeanor" shall mean any ' unlawful violation of any ordinance of the city, for which, upon conviction thereof, there is prescribed a penalty. I i Supp. Ne. 31 122.1 #07 _—I GENERAL PROVISIONS § 1-7 Sec, 1.5, Effect of repeals. The repeal of an ordinance, after it becomes effective, does not revive an ordinance p1•eviously repealed, nor affect any right which has accrued, any duty imposed, any penalty in_ i the or or any proceedings commenced, under or by virtue ofn- theordinancerepenled. Statelaw refereactiSimilarprovisioas, I.C.A. i Sec, 1.6. Altering Code. It shall be unlawful for any person to change or amend, by additions et deletions any part o1• portion of this Code, or to in - Iwit or delete pages, or portions thereof, or to alter e, with such Code in any manner whatsoever which or willcause the law of the city to be misrepresented thereby. Sec. 1.7, Amendments to Code; effect of new ordinances; I amendatory language. All ordinances passed subsequent to this Code of ordinances Which amend, repeal or in any way affect this Code may j be numbered in accordance with the numbering this Code and printed for inclusion herein, When subsequent ordinances repeal an system of y chapter, section or subsection or any fromportion thereof, such repealed portions may be excluded from this Code by omission frred om reprinted pages, The elude_ subs case of quent rep al, shall be prima an printed, Bence of such sn the quent ordinances until such tn ime as this Code and subsequent ordinances numbered or omitted are readopted as a new code of ordinances. Amendments to any of the provisions of thi made by amending such S Code may be provisions by specific reference to the section or subsection number of this Code in substantially the following language; "That section Ordinances, City of Iowa City, Lown, is herebof the Code of rend as follows: , .. ; ' The new provisions shall then mended In full ne desired.e set out Supp, No. 31 126 § 1-7 IO{VA CITY CODE In the event a new section not heretofore existing in this Code is to be added, the following language may be used: "That the Code of Ordinances, City of Iowa City, Iowa, is hereby amended by adding a section, to be numbered which said section reads as follows:...." The new section shall then be set out in full as desired. Sec. 1.8. State law violations declared misdemeanor. Any act or failure to act defined and made a misdemeanor under the Code of Iowa, as amended, or as may hereafter be so defined by a statute of the state, is hereby declared to be a misdemeanor under the ordinances and this Code, provided, that, the regulation or prohibition of such acts or failures to act is now within or shall hereafter come within the scope of the powers granted expressly or by implication to the city as a municipal corporation. (Code 1900, § 1.03.1) Sec. 1.9. General penalty. The doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by this Code or any ordinance or code herein adopted by reference, or the omission or failure to Perform any act or duty required by this Code or any ordi- nance or code herein adopted by reference, is a misdemeanor and is, unless another penalty is specified, punishable by a fine in a sum not exceeding one hundred dollars ($100.00) or imprisonment not to exceed thirty (30) days. (Code 1966, §§ 1.02,2, 1.03.2) Stale tap reference—Ainimum penalty prescribed, I,CA. § 364,3. Secs. 1.10-1.19. Reserved, ARTICLE II. PROCEDURES AND PENALTIES FOR MUNICIPAL INFRACTIONS Sec. 1.20. Definitions. (a) Code: The term Code means the Code of Ordinances of the City of Iowa City as may be amended from time to time. Supp. No, 31 126 �d1 i GENERAL PROVISIONS (b) Repeat often -le' A recurring violation of the same section of Ile Code of Ordinances. (Ord. No. 86.3299, § 1, 10-7.86) Sec. 1-21, Violations, penalties, and alternative relief. (a) Any violation of the Code, with the exception of any viola- tion which is a felony or misdemeanor under state law, ise municipal infraction. Ode for a (b) Unless another civil penalty is provided elsewhere in this specific aslproov ded nthefollowing nlr offense punishableschedule of civil penalties: Schedule of Civil penalties. First offense—Thirty dollars ($30.00); Second offense—One hundred dollars ($100.00); Third and subsequent ofrense(s)-7%vo hundred doll (c) Each day that a ars ($200,00), mitted to exist constitutes aseparate offense.action ccura and/or is per. (d) Seeking a civil penalty as authorized in thisarticle does not preclude the city from seeking alternative reltef fro court in the same action. Such alternative relief may include, but is not limfted to, an order for shot or injunctive relief. e, but No. 86.3229, § 1, 10.7.86) Sec. 1.22, Civil citations. (a) Any employee or other official authorized by the city to enforce the alleged to Coda may issue a civil citation have to a person who is committed a municipal infraction. (b) The citation may be served by personal service or by cern• fed mail return receipt requested. (c) Two (2) copies of the citation shall be filed with the clerk of the district court and one copy shall be delivered to the alleged violator. Supp. No. 31 127 #67 " 41-22 IOWA CITY CODE (d) The citation chap serve as notification of an elle a municipal infraction has following info been committed and shall Contain t he rmation: (1) The name and address of the alleged violator. (2) The °alae or description of the alleged infracti to by the officer issuing the citation. on, attested (3) The location and time of the alleged infraction, the court costs,, (1) The amount scivil penalty for the violation charged and or (5) The manner, the alternative relief sought, or both. locatio be paid, n, and time in which the penalty ma (6) The time and y (7) A statement of the of court appearance. (Ord. No. 86.3299, penalty for failure to 6 1, 10.7-86) appear in court. 128 [Tile next Dago Is 177] I �D -1 FIRE PREVENTION AND PROTECTION §12-24 (c) All motorized apparatus shall be provided with an ap- proved portable fire extinguisher of at least 2-A, 10 -B -C rating readily accessible to the operator. Section 79.201 is hereby amended to read as follows: (a) Scope This division shall apply to the storage of flamma- ble and combustible liquids in drums or other containers not exceeding sixty -gallon individual capacity and the storage of portable tanks not exceeding three hundred (300) gallons' indi- vidual capacity. For the purpose of this article, flammable aerosols and unstable liquids shall be treated as Class 1-A liquids. (Ord. No. 84.3164, § 2(6),1.3-84) Editor's note—Prior to amendment by Ord. No, 84.3164, § 12.21 contained amendments to the 1979 Uniform Fire Code, and derived from Ord. No. 803012, 12, adopted Nov. 18,1980. Sec. 12-22. New materials. The building inspector, the chief of the fire department and the chief of the bureau of fire prevention shall act as a com- mittee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in said code. The chief of the bureau of fire prevention shall post such list in a conspicuous place in his office and distribute copies thereof to interested persona. (Ord. No. 77-2861, § 7, 9-6-77) Sec. 12-23. Appeals. Any person affected by any action, interpretation or notice issued by the chief of the fire department with respect to the Uniform Fire Code may appeal the decision of the chief of the fire department to the board of appeals in accordance with the procedures set forth in the Iowa City Administrative Code. (Ord. No. 77-2861, § 8, 9.6-77) Sec. 12-24. hlinimum requirements. The provisions of this code shall be held to be the minimum requirements adopted for the protection of the health, safety Supp. No. 31 815 €J2.2; IOWA (.�£ -and-veaRre Of: dnag��e-f -citizens of -the cify.:4t?v hi -Plicablr. zhestatr nrnrdinanrr o !•ber�i (Urd. Igo. i�r shl,.e.g.. f the cit.%." ,l h enaltir;, -471S7i"ersnnaho-shell violate anc•ni•the �21111 7t, �D4�oPtied-ti,lsYorntuPl}•-there anildin . tpio'With arnr Order'fis�e ithe c n of a thereuAdO �� _nnlnnssuluntyr Ana. n1" detailed statement of orhho�hn11 anall.fi ePPr A �'-thm undar, or an6rhfirh'te 2+1" Under of a hihic p b;tis ul� A ' edir ane �5'uildrad dollar; (,ODnm. ptm .hAhle byA fine nht riS2hir ,, (NO) day . 00) or kv irrlpri1Qannlellt Kht sviolation-orrurs n1" i, rieticiA7; cnrrmrates ,a sea nif, pa r'mi(tod to ",On 7: Ord.No._S' P rare ford. , mist doer. X900, 10 7361 fro. Ses• I2. f�723s 'Re.etr�vi. ARTrtR,C M. n-RPAJIrhrts\^f� 1" 117sroN 1, G1 �:gALL1' Sa 12S% Flee chief. (a) "p,olire h, f halife he eh I)kQ ti,lh t}t� fete sod TePort all fire tion lnisds fidn(h hd nt�ilkttir ag:,llist 1i1 ery 1r11a Ulf ac9acaor. to the ei(S• MlIVIAµtV• dVVt� tt1 Itdll (b) He/she shall thn care of all Pro r real>unslhid fol• tltd anent, for the h�t. nod cy0lPntent 1 t)IIIr1116,11dlled dlhl Pinpert • Ittdahing of fttr Ilsdt hlailtdl• Ilnpnit. 1 from fire, (he patforttuut11a' lhd aql llf Public services of nn enter tyrd , of 1111"11,114 IIIIdLNIIriIINNIIUi I u t udlwr, thr Ihiij, 1J11 t)t 'atone rNcrenI14—A,Iudeiatrathin arn0inll department ofllcl41, hi 1"01411/,11 In (rnttic tt,'I Supp. No, 31 n 61i, ril nullnitllr el Ito I t p ris.14 I Nlo " , '4e 4461 �l PRECEDING DOCUMENT § 12-24 IOWA CITY CODE iand welfare of the citizens of the city. Any higher standard, in a statute of the state or ordinance of the city shall be ap- plicable. (Ord. No. 77-2861, § 9, 9-6-77) Sec. 12.25. Penalties. Any person who shall violate any of the provisions of the code hereby adopted or fails to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder and from which no appeal has been taken, shall be guilty of a misdemeanor, punishable by a fine not exceeding one hundred dollars ($100.00) or by imprisonment not exceeding thirty (30) days. Each day a violation occurs or is permitted to exist after con. viction constitutes.a separate offense. (Ord. No. 77.2861, § 10, 9.6.77; Ord. No. 86-3300, 10.7.86) Sees. 12.26-12.36. Reserved. j I ARTICLE III. DEPARTMENT* DIVISION L GENERALLY Sec. 12-37. Fire chief. re ef sha be charged with the prention of afireandd Protection iecti nof life and property against fie and shall report all fire losses monthly to the city manager and to the i city assessor. (b) He/she shall be responsible for the maintenance and care mentfor ollthe extinguishing of fires property and equipment ,ithe saysed by ing his/her ng oflife and Property from fire, the performance of various miscellaneous Public services of an emergency nature, the inspection of i'Cross references—Administration generally, Ch. 2; authority of fire department officials In relation to traffic control, 1 23-I8. Supp. No. 31 816 1� GENERAL PROVISIONS 11244 buildings within the corporate limits of the city, and the en- forcement of all fire laws and regulations. (Code 1966, § 3.06.2) Sees. 12.38-12-44. Reserved. Supp. No. 31 816.1 Chapter 14 -I FRANCHISES Art 1. Electricity. Art, II. Ca §§ 14.1-14-20 —14-51 Art III. Telephone, � 14.52 .59 Art IV. Broadband Telecommunications, ations, Div. L Generally, §§ 14-69.1, 14-69.g'-69.1-14-93 Div. 2. Enabling ordinance, §§ 14.60-14-93 ARTICLE I. ELECTRICITY, See. 14.1. Granted. There is hereby granted to Iowa•Illinois Gas and Electric Com- pany, an Illinois corporation authorized to do business in the State of Iowa, hereinafter called the "company," and its succes. sore and assigns, the nonexclusive right and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City, an electric light and power system including the right to erect and maintain the necessary poles, lines, wires, transmission lines, conduits and other appliances for the transmissionand distribu. tion of electric energy along, under and upon the streets, ave. nues, alleys and public places to serve customers within and without said City of Iowa City, for period of fifteen (15) years from and after the effective date of this ordinance [article], and to furnish and sell electric energy to said city and its inhabitants. (Ord. No. 86.3296, § 1, 9.9.86) .Editor's not,—Ord. No. 88.3208, 44 1-18, passed Sept. 9, 1988, and o8'ectivo Nov. 15, 1986, has been treated by the editors as superseding Art, f, 44 14.1-14.16, and has been codified as a new Art. 1, §4 14.1_14,18, said ordinance being nonamendalory of the Code. Said former Art. 1, which at, out a twontyave•year electric d. No, 21 granted to fowa•Illinola Gas and Electric Company, was derived from Ord. No. incl delit 1-15, adopted August. 10, 1969. The provisions of Ord, No. 883298 aro included herein as enacted; however, section numbers and catch. lines have been added by tho editors to facilitate Indexing. 1 Cross reforonees—Underground electrical service, Ch. 33, Art. III; public Jutilities regulation, Ch. 33, Art. VI. SUPP• No. 31 - 915 P �rn § 14 .2 IOWA CITY CODE Sec. 14-2. Rights of company subject to state, federal, muni- cipal laws; rights of city. The rights and privileges granted to the company, as fran. chisee under this franchise ordinance [article], and including the company's successor and assigns, are subject to: (1) Applicable provisions of the Iowa Code, including but not limited to, chapter 364 thereof; (2) The Code of Ordinances of the City of Iowa City, including but not limited to Chapter 31, Article 11, Excavations; Chapter 32, Subdivision Regulations; Chapter 33, Article IV, Public Utilities Regulation; Chapter 34, Vegetation; and Chapter 36, Zoning; and (3) Any other applicable statute or regulation promulgated by federal or state agencies under federal or state laws; all as said laws, codes, ordinances, statutes and regulations are presently enacted. The company acknowledges the validity of the aforementioned laws, codes, ordinances, statutes and regulations as they may exist as of the effective- date of this ordinance [article], provided however, that the company reserves the right to challenge or contest the city's future interpretation or application of any of said laws, codes, ordinances, statutes and regulations. The city may make such lawful and reasonable amendments to the provisions of the Code of Ordinances of the City of Iowa City affecting or regulating the company in its operation of the elec- tric utility, as the city deems necessary and proper. The franchise granted herein shall not restrict in any manner the right of the city in the exercise of any power which it now has or which may hereafter be authorized or permitted by the laws of the State of Iowa. (Ord. No. 26.3296, § 2, 9.9.86) Sec. 14-3. Right of compnny to erect poles, install wiring, etc. The company shall have the right to erect, construct, or install all necessary electric utility system components, including but Supp. No. 31 916 FRANCHISES 4 14-0 not limited to, posts, poles, towers, conduits, fixtures, manholes, appliances and accessories and to place thereon or therein the necessary wires for the transmission and distribution of electric energy in and through said city, but all electric utility system components shall be placed and maintained so as not to cause unnecessary obstruction of or unnecessary interference with the construction or operation of any public improvements or facilities located upon public property or public right-of-way, including but not limited to streets, alleys, sidewalks, tragic control devices, sanitary sewers, storm sewers, storm drains, or water mains, which have been or may hereafter be located by authority of the city, or of any other public utilities which are in place. All elec. tric utility system components placed above, upon, in or under public right-of-way, and the wires placed thereon or therein, shall comply with the National Electrical Safety Code and the regula- tions of the Utilities Division of the Iowa Department of Com. merce (Utilities Division). (Ord. No. 86.3296, § 3, 9.9.86) Sec. 144. Authority of company to make excavations, trim trees on public ways. The company is authorized to make excavations in city streets, avenues, alleys and public places for purposes of routine repair, replacement, and maintenance of poles, wires, conduits, linea or other electric utility system components. In making such excava. tions, the company shall obtain a permit therefor pursuant to Chapter 31 of the Municipal Code, shall not unnecessarily ob. struct the use of streets, avenues, alleys or public places, shall Provide the public works director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all provisions and requirements of Chapter 31 in Performing such work. In emergencies which require immediate excavation, the company may proceed with the work without first applying for or obtaining the permit, provided, however, that the company shall apply for and obtain the excavation per. mit as soon as possible after commencing such emergency work. The company is empowered and authorized to cut and trim in a careful and prudent manner, at its expense, any trees extending into any street, alley or public ground so ns to prevent limbs or Supp. No. 31 917 ��,:, 41107 _I 4 144 IOWA CITY CODE �\ branches from interfering with the company's above -ground trans. mission or distribution lines or facilities. The authority or obliga- tion of the company shall not extend beyond trimming trees sufficiently to clear its above -ground lines and facilities. Cutting or trimming shall be performed in residential street and alley areas in accordance with standards to be established by the city forester. The company shall submit to the city forester on or before December 1, of each year, a schedule of tree trimming that it intends to do in the residential street and alley areas. Trim- ming or cutting which is done on an emergency basis and which is not shown on the annual trimming and cutting schedule shall be reported to the city forester within seven (7) calendar days following such trimming or cutting. (Ord. No. 26.3296, 4 4, 9.9.86) Sec. 14-5. Company to hold city harmless for damages aris- ing from company's negligence; comparative negligence. The company shall defend at its own expense, in the name and on behalf of the city, and shall indemnify and save harmless the city from any and all claims, suits, losses, damages, costs or I expenses, whether caused or contributed to by the active or pas- sive negligence of the company, or by the passive negligence of the city, on account of injury or damage to any person or proper- ty, caused or occasioned, or allegedly caused or occasioned, in whole or in part, by reason of or arising out of the construction, reconstruction, excavation, operation or maintenance by the com- pany of the electric utilities authorized by this franchise. Howev- er, the company shall not be obligated to defend, indemnify and save harmless the city for any costs or damages arising from the negligence of the city, its officers, employees or agents where the company is not negligent in any way. In situations where the damage was caused or contributed to by the active or passive negligence of the company and the active negligence of the city, the principles of comparative negligence in effect in Iowa shall apply as between the company and the city. The duty of the company to defend, and save harmless and indemnify the city skull extend to offiwrb, employees and agents of the city to the extent the city is obligated to defend, save harmless and indem- nify by law. (Ord. No. 86.3296, 6 5, 9.9-86) Supp. No. 31 918 FRANCHISES 4 14.9 Sec. 19-6. Extensions and installations to comply with util. ities division rules and regulations; city approval to be obtained. The company, and its successors and assigns, is authorized to extend its lines, wires and conduits, to expand its transmission and diutribution systems, to engage in major repair work and to install new distribution and transmission systems within the city, provided that such work is done in accordance with the rules and regulations of the utilities division, and provided further . that city approval of such work is first obtainedpursuant to requirements and procedures set forth in Chapter 3$ Article VI of the Municipal Code, Public Utilities Regulation, now in effect or, as amended. (Ord. No. 26.3296, § 6, 9-9.86) Sec, 19.7. Company's obligation to furnish electric energy. The said company, its successors and assigns, so long as it shall operate under the terms of this franchise shall furnish electric energy in sufficient quantities to supply the reasonable demands of said city and the inhabitants thereof in accordance with the company's rules, regulations and conditions of service as approved by the utilities division. (Ord. No. 86.3296, § 7, 9-9.86) Sec. 14.8. Company to impose reasonable terms and condi. tions in furnishing electric service. The company, its successors and assigns, is authorized to im. Pose reasonable terms and conditions upon the furnishing of electric service and reasonable rules and regulations in the oper. ation and conduct of its business. (Ord. No. 86.3296, § 8, 9.9.86) Sec. 149. City's right to use company poles, towers, etc. The city shall be privileged upon notice to the company, with. out charge, to make use of the poles, posts, towers, and under. ground conduits of the company for any city alarm, city control, or city communication function to the extent that such use shall not interfere with their use by the company, but the city shall hold the company harmless from any and all causes of action, litigation or damages arising through the placing of the facilities Supp. No. 31 919 #07 9 14.9 'DIVA CITY CODE of the city neon t SecPany'a nndergroundhe tc nduitsPoles' .Po Posts towers, or in the 1410, 6 3296, s light to § g in Order equiredY'Provide service,.cit Private Property ) to IUpon approval Y council approva condemnacquire b of the city council and Y Purchase, the aUer reasonable a,tomPts service to the ate property forcthe any shall all Public Purpose of ave the power to I plan of di and in a reasocal a Providing Company 1 Pr perty ndewest establish thIng e necess t eo�ewethmship the an O Over. y. the condemnation of the stablished ach taking of The 86-3296, § 10, 9.9.86) Private propea city council Y approve to Y by resolutions See, 1411. Co (Ord. No. un de any tO relocate installations in, over, The co PubUc streets as required b its inatallatons in,all,cost Y cit °n or the city in such manner Over or under anPense, locate and o relocate require ction,ai the Purpo es of the e city may at any tiIc reet or alley in etre maintenance facility the 'me reasonably about any such street repair °f construction 1n, or or re operation of or alleyaor public i , recon- ingof any such i PromotI provement of, good and reasonable"ovement. The cit g the efficient buryitaelectricalutilitye ate ponashow- ct ,require the may, u underground service Y pursuant t0 t distriet hereafter is undergroutn in any tha U ici els procedure set forthager established b d e any 11, 9.9.86) pal Code. Pablic Utility R1n Chapter 33. Articles city gelation. (Ord Vi of No, gg.3296, § Sco• 19.12. nanchiae to be binding upon oit co of franchise Y and compa- This franchise IpanY; rCmediea of city, upon breach by PanY and shoes apply to and bind their successors and the cit asci Y and the SupP. No. 31 assigns, Provided that COIs. any as. 920 4e4, -I FRANCHISES 4 14.14 city men nt by tithe company shall be subject to the approval of the ably withheld. resolution, which approval shall not be unreason. The city expressly reserves the right to term granted herein if the nate the franchise company breaches any of the provisions of this franchise; provided, however, there shall be no termination if the company shall correct the breach within sixty (60) days written notice provided by the city to do so. The company shall not be excused from complying with any of• the terms and conditions of this franchise by any failure of the city to insist upon or seek compliance with any such terms or conditions. Further, it is agreed that the subject matter of this franchise is unique and may be enforced by specific performance; at the city's option, since a remedy at law may be inadequate, (Ord. No. 86-3296, § 12, 9.9-86) Sec. 14-13. Energy conservation program. The company shall, at all times during which this franchise is in effect, maintain, administer and operate such energy conser. vation program within the cit tiy, as may be approved by the utili- es division, which program shall be designed and operated to Promote the conservation and efficient use of electrical energy by all utility customers within the city. (Ord. No. 86.3296, § 13, Sec. 14.14. Purchase of electric energy than company, from sources other In the event that the city should at any time during the term of this franchise become a generator or producer of electrical energy at a municipally -owned or operated facility, or at any other facility in _ agreement with any co -producers, the company shall, by the city, enter into an if requested agreement to either purchase or wheel to city facilities the electric energy produced from such qualify ing generating facility, such further agreement being subject to the requiapproval of the utilities division, and to applicable statutory reqrements and regulations. Nothing contained in the terms of this franchise shall be construed to prevent the city from par. Supp. No. 31 921 Doi _.t -I § 14-14 IOWA CITY CODE !� chasing electrical power for its facilities from sources other than the company and to contract for same from these sources. (Ord. No. 86.3296, 4 14, 9-9.86) Sec. 14-15. Approval of franchise by electors of city. This ordinance [article] and the rights and privileges herein granted are subject to the approval of a majority of the electors of the city voting at the next general or municipal election or at a special election called for that purpose. The cost and expense of the election relating to the franchise provided for herein shall be paid by the company. (Ord. No. 86.3296, § 15, 9-9.86) Editor's note—Ord. No. 86.3296 was approved by a majority of the electors at an election held November 4, 1986. Sec. 14.16. Company acceptance of franchise. The company, within thirty (30) days after the approval of this ordinance by a vote of the people, shall file in the office of the city clerk its acceptance in writing of all terms and provisions of this ordinance [article]. (Ord. No. 86.3296, § 16, 9-9.86) Sec. 14-17. Effective date. This ordinance [article] shall become effective upon passage by the city council, approval of the voters as provided in Section 14.15 hereof-, acceptance by the company as provided in section 14.16 hereof, and publication as required by law, Following voter approval and acceptance of this ordinance [article] by the compa- ny, this ordinance (article) shall be published in the Iowa City Press Citizen. The effective date of this ordinance [article] shall be the date of publication. (Ord. No. 86-3296, § 17, 9.9.86) Editor's note—The publication date of Ord. No. 86.3296 is November 15, 1986. Sec. 14.18. Severability. If any of the provisions of this franchise ordinance [article] are for any reason declared to be illegal or void, then the lawful provisions of this franchise ordinance [article], which are sever. able from said unlawful provisions, shall be and remain in full force and effect, the same as if the franchise ordinance [this article] contained no.illegal or void provisions. In the event any Supp. No. 31 922 FRANCHISES 914.27 provision or provisions are ruled illegal or void by a court of competent jurisdiction, the city and the company shall forthwith amend this franchise to insert a successor provision that complies with the applicable court ruling. (Ord. No. 86.3296, 6 18, 9-9-86) Secs. 1419-14.26. Reserved. ARTICLE II. GAS* Sec. 14-27. Granted. There is hereby granted to Iowa -Illinois Gas and Electric Com- pany, an Illinois corporation authorized to do business in the State of Iowa, hereinafter called the "company," and to its suc• cessors and assigns the nonexclusive right and franchise to ac- quire, construct, erect, maintain and operate in the City of Iowa City, a gas plant or plants for the production, storage, transmis- sion, distribution, sale, delivery or furnishing of gas, either natu- ral or manufactured or mixed natural and manufactured, includ- ing the right to use the streets, avenues, alleys and public grounds and bridges in the City of Iowa City for the purpose of laying, constructing, maintaining, replacing and substituting mains, pipes, conduits and other facilities for the transmission, distribution, sale, delivery or furnishing of gas for public and private use in the City of Iowa City and elsewhere for a period of fifteen (16) years from and after the effective date of this ordinance [article), and to furnish and sell such gas to said city and its inhabitants. (Ord. No. 86.3297, $ 1, 9.9.86) 'Editor's nota—Nonamendatory Ord. No. 86.3297, 44 1-16, passed Sept. 9, 1986, and effective Nov. 15, 1986, has been treated by the editors as superseding Art. 11 In its entirety, and has been included herein in lieu thereof. Formerly, Art. 11, 44 14.27-1440, sot out a twenty -five-year gas franchise granted to Iowa. Illinois Goa and Electric Company, and was derived from Ord. No. 2169, 99 1-14, adopted Aug. 10, 1959. Sections 1-16 of Ord. No. 863297 are sot out heroin as enacted. Catchlines and section numbers have been added by the editors to facilitate indexing. Cross reference—Public utilities regulation, 133-171 of seq. Supp. No. 31 923 i• l 4 14.28 IOWA CITY CODE r\ Sea 14.28. Rights granted subject to state, federal and mu- nicipal laws and regulations. The rights and privileges granted to the company, as Fran. chisee under this franchise ordinance [article], and including the company's successor and assigns, are subject to: (1) Applicable provisions of the Iowa Code, including but not limited to, Chapter 364 thereof; (2) The Code of Ordinances of the City of Iowa City, including but not limited to Chapter 31, Article II, Excavations; Chapter 32, Subdivision Regulations; Chapter 33, Article IV, Public Utilities Regulations; Chapter 34, Vegetation; and Chapter 36, Zoning; and (3) Any other applicable statute or regulation promulgated by federal or state agencies under federal or state laws; all as said laws, codes; ordinances, statutes and regulations are presently enacted. The company acknowledges the validity of the aforementioned laws, codes, ordinances, statutes and regulations as they may exist as of the effective date of this ordinance [article], provided however, that the company reserves the right to challenge or contest the city's future interpretation or application of any of said laws, codes, ordinances, statutes and regulations. The city may make such lawful and reasonable amendments to the provi- sions of the Code of Ordinances of the City of Iowa City affecting or regulating the company in its operation of the gas utility, as the city deems necessary and proper. The franchise granted herein shall not restrict in any manner the right of the city in the exercise of any power which it now has or which may hereafter be authorized or permitted by the laws of the State of Iowa. (Ord. No. 86-3297, § 2, 9.9.86) Sec. 14-29. Company's right to excavate streets to lay, re- pair pipes, etc. The company shall have the right to excavate in any public street for the purpose of laying, relaying, repairing or extending Supp. No. 31 924 447 JMI MICROFILMING client Firm�.\nn s r DATA/INDEX PAGE CategoryS j CAMERA R/R MODE FORMAT DOCS/FRAME S _ FRAMES ROLL 2 FOOTAGE QgS. NO. m JORM MICROLAB, 1978 (CERTIFICATE OF AUTHENTICITY THIS IS TO CERTIFY that the microphotographs appearing on this Film -File, as indicated by the index herein, are accurate and complete reproductions of the records of the herein named client firm, as delivered in the regular course of business for photographing. DECLARATION OFINTENT AND PURPOSE ❑ I, the below named employee of JORM MICROLAB, do hereby declare that the records microfilmed herein are actual records of the client firm herein named, created during it's normal course of business and that: It is the express intent and purpose of JORM MICROLAB to destroy or otherwise dispose of the original records microphotographed herein, and that: The destruction or disposition of the records microphotographed on this microform is only to be accomplished after in of the microfilm to assure completeness of coverage and that; It is the policy of JORM MICROLAB to microfilm and dispose of original records in accordance vith customer authorization or as part of the planned organizational operating procedure. )ATE PRODUCED_,L \1 \C��1 Month Day Year JORM MICROLAB 1101 27TH Avenue S.W., Cedar Rapids, IA 5240 2705 Ingersoll Ave., Des Moines, IA 50132 JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, DORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, JORM MICROLAB, INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC INC. JORM MICROLAB, INC. JMI ^ JORMKMICROLAB TARGET SERIES MT -2 JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. .JORM MICROLAB, INC. JORM MICROLAB,INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICROLAB, IN JORM M RQ�AB. INC OR 01981. DORM MICROL�B, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. 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JORM MICROLAB, INC, i IMAGE EVALUATION��/O\ <<<�� TEST TARGET (MT -3) \/ 44cw`�� 4k I ///\�, 0g I VIII I=o !�' 1� 25 �p L 11.2NW 2.2 Z VIII'.'.=8 � I i 150mm 6" g 9�j��\\ CAMERA REDUCTION STANDARD O\� N JORM MICROLAB NICROCRHICS DIVISION CEDAR RAPIDS DAVENPORT DES MOINES - OMAHA lis —I 2-133 M XI A L JORM MICROLAB SERIES M7-21 1981 INC. 1 �- '-f IMAGE EVALUATION TEST TARGET (MT -3) 150Mrn 6" CA RED STA NDARD 1p pi pp ANN JORM�RpMIC 12LAB CEDAR RAPIDS DAVENPORT DES MOINES • OMAHA JORM JORM JORM JORM JORM JORM JORM JORM JORM b JORM JORM JORM p JORM JORM JORM JORM JORM E JORM JORM JORM JORM JORM f JORM MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, MICROLAB, INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. JORM MICROLAB, INC. w_ JORM MICROLl�' AB TARGET SERIES MT2 JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. .JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICRO JORM MICROLAB, 111C J R 1 R ORM 01981, JORM MICROLA9, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. JORM MICROLAB, INC. 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JMI MICROFILMING Client Firm c \3,A �, w DATA/INDEX PAGE Category— CAMERA ategory CAMERA R/R MODE FORMAT DOCS/FRAME X &— FRAMES ROLL �pp — S�m:� FOOTAGE NOS __\3 ©JCRM MICRCLA9, lure THIS IS TO CERTIFY that the microphotographs appearing on this Film -File, as indicated by the index herein, are accurate and complete reproductions of the records of the hetein named client firm, as delivered in the regular course of business for photographing. DECLARATION OF INTENT AND PURPOSE E I, the below named employee of JOR14 MICROLAB, do hereby declare that the records microfilmed herein are actual records of the client firm herein named, created during it's normal course of business and that: It is the express intent and purpose of JORM MICROLAB to destroy or otherwise dispose of the original records microphotographed herein, and that: • The destruction or disposition of the records microphotographed on this microform is only to be accomplished after in of the microfilm to assure completeness of coverage and that: It is the policy of JORM MICROLAB to microfilm and dispose of original records in accordance with customer authorization or as part of the planned organizational operating procedure. DATE PRODUCED_ �\ , U Y—\ \O9 BY Month ay) ear �`7 lgnature JORM MICROLAB _ �y, SP1 1101 27TH Avenue S.W., Cedar Rapids, IA 52402 T O 2705 Ingersoll Ave., Des Moines, IA 50132 M FRANCHISES § 14-31 gas pipes, mains, conduits and other facilities, but all gas utility system components shall be placed and maintained so as not to e cause unnecessary obstruction of or unnecessary interfernce with the construction or operation of any public improvements or facil- ities located upon public property or public right -of --way, includ- ing but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains, or water mains, which have been or may hereafter be located by the au. thority of the city, or of any other public utilities which are in place. All gas utility service components placed above, upon, in or under public right-of-way shall comply with the Nation Fuel Gas Code and the regulations of the Utilities Division of the Iowa Department of Commerce (utilities division) regarding construc. tion and clearance requirements. (Ord. No. 86.3297, § 3, 9.9-86) Sec. 14.30. Excavation permit required; emergencies. In making excavations in any streets, avenues, alleys and pub- lic places for the installation of gas pipes, conduits, or apparatus, " the company shall obtain a permit therefor pursuant to Chapter 1 32 of the Municipal Code, shall not unnecessarily obstruct the �./ use of streets, avenues, alleys or public places, shall provide the public works director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all provisions and requirements of Chapter 31 in performing such work. In emergencies which require immediate excavation, the company may proceed with the work without first applying for or obtaining the permit, provided, however, that the company shall apply for and obtain the excavation permit as soon as possible after commencing such emergency work. (Ord. No. 86-3297, § 4, 9.9-86) Sec. 14.31. Company to hold city harmless for damages re- sulting from company's negligence; comparative negligence. The company shall defend at its own expense, in the name and on behalf of the city, and shall indemnify and save harmless the city from any and all claims, suits, losses, damages, costs or expenses, whether caused or contributed to by the active or pas. Supp. No. 31 925 iFi _I 114-31 IOWA CITY CODE I' -- sive negligence of the company, or by the passive negligence of the city, on account of injury or damage to any person or proper- ty, caused or occasioned, or allegedly caused or occasioned, in whole or in part, by reason of or arising out of the construction, reconstruction, excavation, operation or maintenance by the com- pany of the gas utilities authorized by this franchise. However, the company shall not be obligated to defend, indemnify and save harmless the city for any costs or damages arising from the negligence of the city, its officers, employees or agents where the company is not negligent in any way. In situations where the damage was caused or contributed to by the active or passive negligence of the company and the active negligence of the city, the principles of comparative negligence in effect in Iowa shall apply as between the company and the city. The duty of the company to defend, and save harmless and indemnify the city shall extend to officers, employees and agents of the city to the extent the city is obligated to defend, save harmless and indem. nify by law. (Ord. No. 86.3297, § 5, 9.9.86) Sec. 14.32. Extensions and installations to comply with utili. - ties division rules and regulations. The company, and its successors and assigns, is authorized to extend its mains, pipes and appurtenances, to expand its trans. mission and distribution systems, to engage in major repair work and to install new distribution and transmission systems within the city, provided that such work is done in accordance with the rules and regulations of the utilities division, and provided fur. ther that city approval of such work is first obtained pursuant to requirements and procedures set forth in Chapter 33, Article VI of the Municipal Code, Public Utilities Regulation, now in effect or as amended. (Ord. No. 86.3297, § 6, 9.9.86) Sec. 14-33. Company's obligation to furnish gas The said company, its successors and assigns so long as it shall operate under the terms of this franchise shall furnish gas in sufficient quantities to supply the reasonable demands of said city and the inhabitants thereof and in accordance with the com- pany's rules, regulations and conditions of service as approved by the utilities division. (Ord. No. 86-3297, § 7, 9.9-86) Snpp. No. 31 926 '''� 4447 .•v FRANCHISES 1 14.37 Sec. 14.34. Company's right to establish rules and regulations. The company, its successors and assigns, is authorized to im. Pose reasonable terms and conditions upon the furnishing of gas service and reasonable rules and regulations in the operation and conduct of its business. (Ord. No. 86.3297, § 8, 9-9.86) Sec' 14.35. Company's right to condemn subject to private property; city council approval. Upon approval of the city council and after reasonable attempts to acquire by purchase, the company shall have the power to condemn private property for the purpose ofproviding gas service to the public and in a reasonable relationship to an overall plan of distributing gas energy within the city. The company must establish the necessity of each taking of private property and, when so established, the city council may approve the condemna- tion of the private property by resolution. (Ord, No. 86-3297, 9, 9.9-86) Sec, 14.38. Company to locate and relocate installations in, on, over or under public streets as required by City council. The company shall, at its cost and expense, locate and relocate i its installation in, on, over, or under any public street in the city in such manner as the city may at any time reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of the street or any public improvement of, in or about any such street or alley or promoting the efficient operation of any such improvemen 9.9.86) t. (Ord. No. 86.3297, 4 10, Sec. 1437. Franchise to be binding upon company and city; termination for breach by company; remedies of city. This franchise shall apply to and bind the city and the com• Pant' and their successors and assigns; provided that any ns• signment by the company shall be subject to the approval of the city council by resolution, which ably withheld, approval shall not be unreason. Supp. No. 31 927 #07 _-I 4 14.37 IOWA CITY CODE The city expressly reserves the right to terminate the franchise i granted herein if the company breaches an if the this franchise; provided, however, there shall be no termination Y of the provisions of wri ten otceyshall rov dad y rect the breach within sixty (60) days P y the city to do so. The company shall not be excused from complying with any of I the terms and conditions of this franchise b city to insist upon or seek co Y any failure of the conditions. Further, it ie a mPllance with any such terms or franchise is unique d 'nay that the subject matter of this I at the cit ue °° Y be enforced by s specific (Ord. No. 86-3297 n, since a remedy at law P Performance, , § 11, 9.9.86) may be inadequate, i Sec. 1438. Energy conservation program. The company shall, at all times during which this franchise is in effect, maintain, administer and operate such energy I vation program within the city, as may be a tial division, which program conser• P gram shall be designed and by the utito I promote the conservation and efcientdusofgas ed operated to Utility customers within the city. (Ord. No. 86-3297, § by all 12, 9.9-86) Sec. 14-39. Approval of franchise b I This ordinance Y electors of city. granted are subject to the nand the rights and privileges her the city, voting at the next general approval of a majority of the electors of i special election called for thator municipal election or at a the election relating to the franchise provided for herein ose. The cost and xshall be paid by company. (Ord. No. 86-3297, § 13, 9.9.86) Sec. 1440, Acceptance by company. The company, within thirty (30) days after the n ordinance fnrticle] by a vote of the people, shall file in the office of the cit approval of this I y clerk its acceptance in writing of all the terms and provisions of this ordinance [article]. (Ord. No. 86.3297, § 14, 9.9.86) iSana. No. 31 928 FRANCHISES 414.52 Sec. 14-11. Effective date. This ordinance [article] shall become effective upon passage by the city council, approval of the voters as provided in section 14-39 hereof, acceptance by the company as provided in section 1440 hereof, and publication as required by law. Following voter approval and acceptance of this ordinance [article] by the compa- ny, this ordinance [article] shall be published in the Iowa City Press Citizen. The effective date of this ordinance [article] shall be the date of publication. (Ord. No. 86.3297, § 15, 9-9.86) Sec. 14-42. Severability. If any of the provisions of this franchise ordinance [article] are for any reason declared to be illegal or void, then the lawful provisions of this franchise ordinance [article], which are sever. able from said unlawful provisions, shall be and remain in full force and effect, the same as if the franchise ordinance [this article] contained no illegal or void provisions. In the event any provision or provisions are ruled illegal or void by a court of competent jurisdiction, the city and the company shall forthwith amend this franchise to insert a successor provision that complies with the applicable court ruling. (Ord. No. 86.3297, § 16, 9.9-86) Secs. 1443-14.51. Reserved. ARTICLE III. TELEPHONE* Sec. 14.52. Granted. The American Telephone and Telegraph Company of Iowa, Its successors or assigns, is hereby granted the right, privilege and authority to erect, operate and maintain Its lines of telephone and telegraph, including the necessary poles, fixtures and electrical conductors, upon, along and over the streets, alleys and bridges of the city, as its business may from time to time require, upon the following terms and con. ditions. (Orli. No. 502, 3.5-1897) -Cross references—Underground telephone service, Ch. 23, Art. IV; public utilities regulation, Ch. 32, Art. VI. Supp. No. al 929 S 1453 IOWA CITY CODE Sec. 14-53. Location of poles. All poles erected pursuant to this article shall be erected under the supervision Of the committee on streets and alleys, and shall be so located as not to interfere with the public use and travel of the streets and alleys. All poles shall be neat, symmetrical, shaven and kept neatly painted, and no electrical conductors shall be placed thereon less than twenty (20) feet above the surface of the ground. (Ord. No. 502, 3-5-1897) Sec. 14.54. Conform to grade. After the erection of the poles and fixtures referred to section 14-53, said company shall restore the surface of the streets, alleys, and sidewalks to the same condition in which it found them. The work of restoring the street as aforesaid shall be done under the supervision of the committee on streets and alleys. Any expense to which the city shall be put by reason of the neglect of the company to do such work in a workmanlike manner shall be paid by the company upon the presentation of bills certified by such committee. In case ' the company's lines shall be found to interfere with the change of grade of any street or with any public improvement, the company shall, upon receipt of written notice thereof from the council, move its lines at its own expense, so as to con- form with such change of grade or such improvement. (Ord. No. 502,3-5-1897) Sec. 14-55. Company to hold city harmless for damages aris. ing from company's negligence. The company shall hold the city free and harmless from all damages or claims for damage of any kind whatsoever caused by the construction or negligent maintenance of its lines and shall be liable for Injuries to public or private prop. erty of every kind. (Ord. No. 502, 3.5.1897) Supp. No. 31 930 J 0407 MOTOR VEHICLES AND TRAFFIC § 23.189 (c) The city council may, on the basis of an engineering and traffic investigation conducted by the city traffic en- gineer, reduce or increase speed restrictions set forth in this section, where such greater or lesser speed is reasonable and safe under the conditions presented. (Code 1966, § 6.08.16; Ord. No. 77-2835, § II, 5.10-77; Ord. No. 80-3010, § 2,11.4.80) State law references—Similar provisions, I.C.A. § 321.285; special speed restrictions, I.C.A., § 321.290. Sec. 23-189. Exceptions to speed limits Upon the basis of an engineering and traffic investigation, the following maximum speed limits are hereby determined and declared reasonable on the following streets or portions of streets, when signs are erected giving notice thereof. Maximum Name of street speed limit (mph) Where limit applies Benton Street 35 From the intersection of Dubuque Street 35 First Avenue 25 Gilbert Street s0 Gilbert Street 36 Supp. No. 31 1568.1 L,q•.,,t+tIc Keswick Drive to the in. tersection of Mormon Trek. From a point just north of the intersection with Kim. ball Road north to the city limits. From the intersection of Bradford Drive south to the intersection of U.S. Highway 6. From the intersection of Burlington to a point one thousand eight hundred (1,800) feet south of the in. tersection of llighway 6. From a point one thousand eight hundred (1,800) feet #07 r �, 9 28.189 IOWA CITY CODE Maximum Name of street speed limit (mph) Where limit applies south of the intersection with Highway 6 south to the city limits. Iowa Highway 1 66 From the city limits east to a point eight hundred (800) feet west of the intersection of Miller Avenue. Iowa Highway 1 46 From a point eight hun- dred (800) feet west of the intersection of Miller Avenue to a point five hundred (600) feet east of Hudson Avenue. Iowa Highway 1 30 From a point five hun- dred (600) feet east of Hudson Avenue to the intersection of U.S. High. ways 6, 218 and Highway 1. Iowa Highway 1(Burling. 26 From its intersection with ton Street) Highways 218 and 6 to a point one hundred and fif. ty (160) feet east of Van Buren Street. Iowa Highway 1 46 From the intersection of N. Dubuque Road to a point six hundred (600) feet south of the city limits. Iowa Highway 1 66 From a point six hundred (600) feet south of the city limits to the city limits. i Supp. No. 31 i i 1668.2 4"7 __T i 4 23-189 MCTCR VEHICLES AND TRAFFIC Maximumµhere speed limit (mph) lies limit app • Name of the intersection with Melrose Avenue 35From Emerald Street west to the west city limits From the intersection of 35 Mormon Tek Melrose Avenue to the city limits. I 36 From a point one hundred of the inter- Muscatine Avenue (10o) feet cast with Juniper i section Drive to the city limits. )5 park Road From the intersection with Rocky Shore Drive east to the inteerseecuqu with North Street. Rochester Avenue 35 From the intersection with First Avenue east to the city limits. i 35 From the in tersection Trek Boule- Rohret Road with Mormon vard west to the city limits. 35 From the intersection Street South Scott Boulevard with Court U.S. Highway 6. to Sycamore Street 30 From the intersection with U.S. Highway 6 south to Gleason Avenue. I 30 From the intersection Avenue south Sycamore Street with Burns to the city limits. Supp• No. 31 1669 123-189 IOWA MY CODE Maximum Name o%Street speed limit (mph) Where limit applies U.S. Highway 6 55 From the city limits to a point five hundred (50o)feet east of Heinz Road. U.S. Highway 6 46 From a point five hundred (500) feet west of Heinz Road to a point five hun• dred (500) feet west of Fair. meadows Boulevard. U.S. Highway 6 40 From a point five hundred (500) feet west of Fair. meadows Boulevard west to a point four hundred fifty (450) feet east of Keokuk Street. U.S. Highway 6 35 From a point four hundred and fifty (450) feet east of Keokuk Street west to a _ point seven hundred (700) feeteastoftheintersection of U.S. Highways 6, 218 and Iowa Highway 1. U.S. Highway 6 30 From a point seven hun• dred (700) feet east of the intersection of U.S. High- ways 6,218 and Iowa High. way 1 west and north to a point one thousand one hundred fifty (1,150) feet west of the intersection with Riverside Drive. U.S. Highway 6 35 From a point one thou• sand one hundred fifty (1,150) feet west of the intersection with River. side Drive, west to the Supp. No. 31 city limits. 1570 MOTOR VEHICLES AND TRAFFIC 3 23.190 Name o(StreetUaximum speed limit (mph) Where limit applies U.S. Highway 218 50 From the south city limits to a point one thousand six hundred (1,600) feet north of the south city limits. U.S. Highway 218 45 From a point one thou- sand six hundred (1,600) feet north of the south city limits to a point eight hundred (800) feet south of the intersection with U.S. Highway 6 and Iowa Highway 1. U.S. Highway 218 30 From a point eight hun- dred (800) feet south of the intersection with U.S. Highway6 and Iowa Highway 1 north to the intersection with U.S. Highway 6 and Iowa Highway 1. (Ord. No. 77-2835, § 11, 5.10.77; Ord. No. 78-2929, § 2, 10.24.78; Ord, No. 81.3030, § 2, 7.28.81 Ord. No. 82.3059, § 2, 4.27.82; Ord. No. 83.3166, § 2, 10-25-83; Ord. No. 84.3168, § 2, 1.17.84; Ord. No. 84.3190, § 2, 6-19-84- Ord. No. 84.3192, § 21 7.3.84; Ord. No. 85.3221, § 2,1.15-85; Ord. No. 85.3235, § 2, 5.21-85; Ord. No. 86-3306, § 2,12-16-86; Ord. No. 86.3307, § 2, 12.16.86) Sec. 23.190, Control of vehicle. The person operating a motor vehicle or motorcycle shall have the same under control and shall reduce the speed to a reason• able and proper rate: (1) When approaching and passing a person walking in the traveled portion of the public highway, Supp. No. 31 1571 #O7 _I V f 23190 IOWA CITY CODE (2) When approaching and passing an animal which is being led, ridden, or driven upon a public highway. i I Supp. No. 31 1572 447 .10 Chapter 33 UTILITIES* Art,Art. I• In General, 44 33.1-33.15 f 11. Sewers and Sewage D. Pearl, §4 33-16-33.76.28 Div. I. Generally, 44 33.16-33.25 Div. 2, Privaie Sewage Di 3. Rates sposal, 33.26-3340 Div. Div. Ch44 urges, 44 3341-33.63 4. Storm Water RunoR, gg Div. 5, Building Se3354-33.70 wer Requirements and Control, §g 33.71-33.76.16 industrial Waste Div. 6. Industrial Waste Control—Additional Art. 141• Underground Regulations, 44 Art IV rground Electric Service, §§ 33-77-33.88 Art, V• Wa err §133.115 phone Service, §§ 33.87 114 Div. 1. General)Y 3170 44 33-116_33.132 i Div. 2, Connections, if 33.133_33.148 /--` Div. 3. hfelers, g§ 33.149_33. —3 Div. A Rates and Charges, §§ 33.163-33.170 I 62 Art' VI. Div. I Utilities Regulation, §§33,171 -Igg •`i Div. 1, Title, Purpose, Definitions, Ell., 5§ 33.171_33474 Div, 2, hfnnagemenl o(public Utility; Use of Public Right -or -way. , Public Utility Systems Plmining, Div. 3. General Provisions, §g 33.175-33.185 i 44 33.186-33.188 F t ARTICLE I, IN GENERAL a Sec, 33.1, Connections. (a) Required Before the Permanent improvements of any street, highway, avenue, app ii cated gas, water or geWerublic ground or plata whereon are lo• curb lines of adjacont ye pipes, connections therefrom to the Specifications of thecitp generty rand be made according to the y engineer and under his direction. Crossuty ornocn_AmortizI it pe rind for nAsegements for public ImpmvemenG, 12-207; ;plan duty of house movers to notify utility company, } 14; planning, Ch.re regulations tions railroads, C § 8.68(h); franchises, Ch. 31; subdivision re h. 30; streets, sidewalks and Slate law refere�pueAonA Ch. 32; zoning, Ch, 36. public places, Ch. city utilities generally, Authority, to order utility connections, I.C.A. § 38.1.40; Y § 388,1 el aeq, j SuPP• No. 31 2267 4 334 IOWA CITY CODE (b) Location. Such connections shall be made one for each plat ted lot in residential districts and one for each separate building in nonresidential districts. (c) City may construct In case the owners of property described in paragraphs (a) and (b) of this section shall fail to make the connections required by such paragraphs in the manner and within the time fixed by the council, it shall cause the Same to be made, and the cost and expense thereof assessed against the Property in front of which they are made. (d) Material All water service pipes one inch to two (2) inches in size laid from the water main to the curb shall be type K copper, or other approved material. (Code 1966, §§ 9.62.1-9.62.4; Ord. No. 2670, § 2) Sec. 33.2. Power and commucation utilities to use same trench insofani r as practicable. (a) To the maximum extent practicable, and in the exercise of due care, electric cables, communications cables, and gas pipes shall be installed in the same trench. (b) If the affected utilities, power and communication, after careful consideration conclude that it is uneconomical or other- U wise impracticable for any one or two (2) of them to participate in the joint use of trench on a project, then they shall record the reasons for the decision and shall keep such record for periodic review by the city council or its representative. (Code 1966, §§ 9.60.1, 9.60.2) Secs. 334-33.16. Reserved. ARTICLE II. SEWERS AND SEWAGE DISPOSAL* DIVISION 1. GENERALLY Sec. 33.16. District. The entire city is hereby organized into one sewer district. (Code 1966, § 9.64.3) .Cross rerorenccs—Sewage and refuse disposol in manufactured housing parks, 11122-36,22-37; sewer specifications in subdivisions, 4 32.66. Supp. No. 31 2268 UTILITIES § 33-170 the date, time, and place for the hearing and shall be pub- lished once in a newspaper of general circulation in the city, not less than four (9) nor more than twenty (20) days prior to such public hearing. (Ord. No. 76-2773, § XXII, 7-22-76) Sec. 33.169. Authority of director of public works to estab. lish fees and charges for services. The director of public works shall establish written uniform fees and charges for various consumer services. Such fees and charges shall be based upon labor, materials, overhead and other expenses incurred by the city. Such fees and charges, before becoming effective, shall be adopted by resolution. (Ord. No. 76-2773, § XII(B), 7-22-76; Ord. No. 76.2808, § 11, 9-21-76) Sec. 33.170. Connecting loops. Before connection by the abutting property owner to water mains constructed at the expense of the department of public works, such property owner shall pay to the city a charge based upon the front footage of the property to be served and based upon the costs of a six (6) inch water main. If the con- necting loop is such that property outside the subdivision abuts such loop or ties and connections are made to such line, the city shall collect the regular charge per front foot and shall re- imburse the original payer to the extent of the collection so made. In no event shall the actual amount so paid to the indi- vidual or subdivider by the city exceed.the original cost of the extension. (Ord. No. 76-2773, § XX, 7-22-76) Supp. No. 31 2301 f _.F § 33-171 IOWA CITY CODE ARTICLE VI. PUBLIC UTILITIES REGULATION• DIVISION 1. TITLE, PURPOSE, DEFINITIONS, ETC. Sec. 33.171. Title. The ordinance codified in this article shall be known as the "public utilities regulation ordinance." (Ord. No. 86-3298, § 1, 9.9.86) Sec. 33.172. Purpose. The purpose of this article is to regulate the use of public right-of-way for the distribution of energy and audio or visual communications by companies holding a franchise granted by the City of Iowa City, Iowa, or otherwise permitted to use public right-of-way to deliver a product or service to the residents of this city; and to regulate the location of utility system expansions and extensions to promote comprehensive city planning. (Ord. No. 86.3298, § 1, 9.9.86) Sec. 33.173. Definitions. For the purpose of this chapter the following terms shall have the meanings herein ascribed to them except where the context clearly requires otherwise: (a) Audio or visual communications include radio and televi. sion transmissions and telephonic communications. (b) Energy means power supplied to customers either in the form of gas or electricity. -Editor's nota—Ord. No. 86.3298, § 1, passed Sept. 9, 1986, and effective Nov. 14,1986, amended Ch. 33 by adding Art. VI, Diva. 1, 3 and 4. At the discretion of the editor, and in order to maintain Code format, Diva. 3 and 4 have been redesignated Diva.2 and 3, respectively. Crone references—Franchises, Ch. 14; planning, Ch. 27; streets, sidewalks and public places, Ch. 31; subdivision regulations, Ch. 32. Slate law reference—Authority to regulate conditions required and manner of use of strata and public grounds of city, I.C.A. 1364.2. Supp. No. 31 2302 UTILITIES 4 33.174 (c) Major repair work means the repair or reconstruction of a part of the utility system to the extent that part of the system under repair involves one or more complete city blocks. (d) Public utility company or company means any person, com- pany or corporation utilizing the public right-of-way to deliver energy or audio or visual communications to the residents of the city and holding a city franchise for that purpose. (e) Utility system or utility system components means and in. cludes poles, overhead wires, underground conduits, pip. ing, manholes and other installations and appliances nec. essary for the generation, transmission or distribution of energy or audio or visual communications. (f) Electrical distribution system means all electrical system components designed or used for the distribution of electric energy within the city, other than transmission lines. (g) Electrical transmission system means those electrical sys- tem components which directly serve or support electrical lines carrying thirty-four point five (34.5) kilovolts or more of electric current. (h) Underground service district means a defined area or tract of land within which all public utility companies are re- quired to place utility system components below the sur. face or grade of the right-of-way or private property upon which said components are located or through which they traverse. (Ord. No. 86.3298, § 1, 9.9.86) Sec. 33.174. Reporting requirements. The following information shall be furnished by the company to the city clerk and filed in that office within the times hereinaf- ter set forth: (a) Annual report to stockholders (within thirty (30) days of issuance). Supp. No. 31 2303 Nm __7 § 33.174 IOWA CITY CODE (b) Annual report to applicable state and federal regulatory agencies (within thirty (30) days of filing). (e) 1OK-Annual Report (SEC) (within thirty (30) days of filing). (d) Copy of company's current rate manual and all updates. (e) Projections and plans for future transmission in the city to be provided annually. (0 Written notice to the city of any rate increase requests applicable to the city or its inhabitants filed by the com- pany before utilities division of the Iowa Department of Commerce. (Ord. No. 86.3298, § 1, 9.9.86) DIVISION 2. MANAGEMENT OF PUBLIC UTILITY USE OF PUBLIC RIGHT-OF-WAY; PUBLIC UTILITY SYSTEMS PLANNING Sec. 33.176. Maps and projections. ice. r The company shall furnish to the public works department , current maps showing the location of all existing underground utility system components in the city streets and alleys and on private property. The company shall thereafter provide the city with updated maps when same are updated by the company for its use. The city's use of such maps shall be limited to city utility and improvement planning purposes. In addition, the company shall furnish information and projections concerning all planned or proposed utility system extensions or expansions, major repair work projects and projects to install new systems. Such informa- tion and projections shall be prepared giving due consideration to the city's five-year capital improvement plan, and shall be pro- vided in comprehensive form and with sufficient lead time to provide the city the opportunity to conduct appropriate reviews. (Ord. No. 86.3298, § 1, 9.9.86) Supp. No. 31 2304 ,,n __f UTILITIES 4 33-176 Sec. 33.176. Extension or expansion of utility system, major repair work and installation of new systems. Before any public utility company, now or hereafter operating or maintaining utility distribution systems, commences any ex- tension or expansion of its utility system, any major repair work or the installation of any new system in the city, there shall be filed with the public works department a written statement spec- ifying the streets, alleys, public places or private property or parts thereof, in which it proposes to extend, expand, install or repair its utility system. The director of public works may require that the statement be accompanied by a map, plan and specifications to an acceptable scale showing the proposed location of the utility system components with reference to the streets and alleys and lot lines, the size and dimensions of all utility system components and the distance above or beneath the surface of the ground it is proposed to repair or to lay the same. If the proposed locations of any utility system components shall interfere with the reason- able and proper use, construction, reconstruction and mainte- nance of any public improvements or other existing utility sys- tem component or other structure upon or under the streets, alleys or public places of the city, the director of public works shall, within a reasonable time after the filing of such plan, map and specifications, note the necessary and proper changes to elimi- nate all interference with public improvements or existing utility system and refer the same back to the public utility company for correction. Such map, plan and specifications, when properly changed and corrected, shall be filed in the office of the public works department, and after the approval of the same by the director of public works, a permit shall be issued authorizing the company to excavate in the streets and alleys and to erect and construct such utility system in accordance with said corrected maps, plans and specifications. The permit issued hereunder shall include any permit required pursuant to Chapter 31 of the Municipal Code. No such excavation, construction or erection shall be com- menced before the issuance of the permit herein provided for and all work shall be in strict accordance with the said corrected maps, plans and specifications. (Ord. No. 86.3298, § 1, 9.9.86) .1 Supp. Nn. 31 2305 __T 6 33-177 IOWA CITY CODE Sec. 33.177. Construction and repair. In the process of location, construction, reconstruction, replace. ment or repair of any utility system component, the excavation or obstruction made or placed in any street, alley or public ground at any time or for any purpose by any such public utility com- pany shall be properly barricaded to protect the public and to assure the safe and efficient movement of traffic, and all pave. ment taken up or displaced shall be properly and speedily re. Placed under the general supervision of the city. As a condition to use of public right-of-way, every public utility company (except those public utility companies having a franchise by city ordi- nance) engaged in the making of such excavation or in the con- struction or erection of the utility systems component or in the repair or replacement of same, or having contracted for the work to be done, shall pay all damages or injuries to persons or proper- ty, as well as to the city, resulting from the negligent or improper construction, erection or repair of such utility system or the maintenance and use of the same, and shall fully indemnify and save harmless the city from and against all claims of every na- ture for damages to person or property arising or resulting from negligent construction or negligence in constructing or maintain- ` ing such utility system components, or in the repair of the same or resulting or arising from delay or failure to restore the street, alley or public ground to its former condition, where excavations have been made, or resulting from a failure to properly barricade such excavations. If the public utility company fails to repair -or arrange for the proper repair with the city or any street, alley or public ground after excavations have been made, and after five (b) days' notice in writing to do so, given to its local representa. tive, then the city may make such repairs at the expense of such public utility company. (Ord. No. 86.3298, $ 1, 9.9.86) Sec. 33.178. Excavations and tree trimming. In making any excavation in a public street, avenue, alley or other public place, the company shall obtain a permit therefor pursuant to Chapter 31 of the Municipal Code, shall provide the public works department with twenty-four (24) hours notice prior to the actual commencement of the work, shall not unnecessarily obstruct the use of such streets, avenues, alleys or public places, and shall comply with all provisions of Chapter 31 in performing Supp. No. 31 2306 Ti 4-,A, 007, UTILITIES S 33.179 such work. In emergencies which require immediate excavation, the company may proceed with the work without first applying for or obtaining the permit, provided, however, that the company shall apply for and obtain the excavation permit as soon as Possible atter commencing such emergency work. A public utility company authorized to cut and trim trees under the terms of its franchise must conduct such workin a careful and prudent manner. The authority or obligation of the company in this regard shall not extend beyond trimming trees sufficiently to clear and prevent interference with its above -ground trans. mission or distribution lines and facilities. Cutting or trimming shall be performed in residential street and alley areas in ac. cordance with standards to be established by the city forester. The company shall submit to the city forester on or before De- cember 1 of each year, a schedule of tree trimming that it intends to do in the residential street and alley areas. Trimming or cutting which is done on an emergency basis and which is not shown on the annual trimming and cutting schedule shall be reported to the city forester within seven (7) calendar days follow. ing such trimming or cutting. (Ord. No. 86-3298, 5 1, 9.9.86) Sec. 33179. Extension or expansion of electrical utility trans. mission systems and installation of new electri. cal utility transmission systems. Before any public utility company, now or hereafter operating or maintaining an electrical utility system within Iowa City commences any extension or expansion of its electrical utility transmission system in the city or the installation of any new electrical utility transmission system in the city, there shall be filed with the public works department, in duplicate, a written i statement specifying the streets, alleys and public places, or pri. vate property, or parts thereof, n which it proposes to extend, expand, install or repair its utility system. The director of public works may require that the statement be accompanied by maps, Plans and specifications, in duplicate, drawn to an acceptable scale, showing the proposed location of the electrical utility sys. tem components with reference to the streets and alleys and lot lines, the size and dimensions of all utility system components and the distance above or beneath the surface of the ground itis Supp. No, 31 Proposed to repair or to lay the same. If the proposed locations of 2307 #07 _1 __7 § 33-179 IOWA CITY CODE r` any electrical utility system components shall interfere with the reasonable and proper use, construction, reconstruction and main. tenance of any public improvements or other existing utility system component or other structure upon or under the streets, alleys or public places of the city, the director of public works shall, within a reasonable time after the filing of such plan, map and specifications, note the necessary and proper changes to elimi- nate all interference with public improvements or existing utility system and refer the same back to the public utility company for correction. Such map, plan and specifications, when properly changed and corrected, shall be filed in the office of the public works department, and a copy thereof, together with the written state- ment, shall be forwarded to the planning and zoning commission. (Ord. No. 86-3298, § 1, 9-9-86) Sec. 33.180. Standards and criteria for review of the loca- tion of proposed expansions or extensions of electrical utility transmission systems, or for installation of new electrical utility transmis- sion systems.. (a) Review by director ojpublic works. In reviewing the written statement and the maps, plans and specifications submitted by the electrical utility company pursuant to section 33.170 above, the director of public works shall determine the degree to which the electrical utility company's proposal complies with the stan- dard set out in this paragraph and shall forward findings and a recommendation thereon to the city council. All utility system components erected by an electric utility company within the city shall be so located as to cause minimum interference with public improvements and other public utilities located in the streets, alleys and other public ways and places and to cause minimum interference with the rights or reasonable convenience of prop- erty owners who adjoin any of the said streets, alleys or other public ways or places. (b) Review by planning and zoning commissiaa In reviewing the written report and the maps, plans and specifications submit- ted by the electrical utility company pursuant to Section 33.179 above, the planning and zoning commission shall review the electrical utility company's proposal in light of the following Supp. No. 31 2308 NNh 007 _.f UTILITIES § 33.181 planning criteria, and shall report its findings and recommenda- tions to the city council. (1) The relationship of the proposed project to present and future economic development of the area. (2) The relationship of the proposed project to the existing electric utility system and parallel existing utility routes. (3) The possible use of alternative routes. (4) The relationship of the proposed project to the present and future land use and zoning ordinances. (5) The inconvenience or damage which may result to prop- erty owners as a result of the proposed project. (c) The city engineer and the planning and zoning commission shall be required to make their respective reports and recom. mendations to the city council within sixty (60) days of the com- pany's final submission of its report, and the accompanying maps, plans and specifications. (Ord. No. 86.3298, 5 1, 9.9.86) �,. Sec. 33.181. Council approval required for the expansion or extension of electrical utility transmission systems and for the installation of new electri- cal utility transmission systems. Within sixty (60) days of its receipt of the reports and recom. mendations of the director of public works and the planning and zoning commission relative to the electrical utility company's proposal to expand or extend its electrical utility transmission system or to install a new electrical utility transmission system, the city council shall, by resolution, either approve or disapprove said proposal based on the standards and criteria stated in sec- tion 33-180 above and on the recommendations received. In the event that the city council disapproves said proposal, the resolu. tion shall reflect the reason or reasons for disapproval. If the city council fails to either approve or disapprove such proposal within the said sixty-day period, the proposal shall be considered to be approved. Upon the approval of the company's proposal as aforesaid, the director of public works shnll issue a permit therefor and the Supp. No. 31 2309 0 *104 �'� ■6b� 4 33.181 IOWA CITY CODE company may proceed with the work. No person shall perform any such work unless and until the required permit has been issued. The permit issued hereunder shall include any permit required pursuant to Chapter 31 of the Municipal Code. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for and all work shall be in strict accordance with the said corrected maps, plans and specifications. (Ord. No. 86.3298, § 1, 9.9.86) Sec. 33.182. Underground service required. In all new residential subdivisions platted or developed in Iowa City, public utility companies shall be required to install utility distribution systems underground in accordance with accepted engineering practices. Gas utility distribution rosins and lines, and supply lines, except for certain control facilities, shall be place underground throughout the city in accordance with ac- cepted engineering practices. All aboveground gas facilities shall be located with due regard for aesthetics. Underground electrical service -shall be installed pursuant to the requirements of Chap. r ter 33, Article III of this Municipal Code. Underground telephone j service shall be installed pursuant to the requirements of Chap. ter 33, Article IV of this Municipal Code. (Ord. No. 86.3298, § 1, 9.9.86) Sec. 33.183. Underground service districts established. (a) The city may, upon a showing of good and reasonable cause, require the company to place or bury its utility system compo• nents underground in any underground service district hereafter established by the city pursuant to this provision. (b) The following described area(s) shall constitute the under- ground service district(s): (1) Downtown Districd Madison Street north from Court Street to Washington Street, Washington Sheet east to Gilbert Street, Gilbert Street south to Burlington Street, Burling. ton Street west to Linn Street, Linn Street south to Court Street, and Court Street west to Madison Street. (Ord. No. 86.3298, $ 1, 99.86) Supp. No. 31 2310 447 -I UTILITIES 4 33-164 Sec. 33-184. Underground service district regulations. (a) Before commencing the work of placing utility lines under. ! ground, the company shall file with the city a written statement specifying the particular streets, alleys and public highway, or i parts thereof, in which underground utilities are to be located, the approximate size of the lines, cables, and/or conduits pro- posed to be used and the distance from the surface of the street to the top of such lines, cables, and/or conduits. (b) The statements required by subsection (a) of this section shall be accompanied by a map, plan or specifications which shall show the proposed location of the lines, cables and/or conduits with reference to the f streets, alleys and surface of the streets and the approximate dimensions of the lines, cables, conduits or man. j holes to be used therewith. The proposed locations may be changed by the department of public works of the city if they shall in any way interfere with other conduits, pipes or mains placed under- ground by the city or by any other public utility. (c) The statement, map, plan or specifications, altered as pro. vided for in subsection (b) of this section, after being corrected or changed, together with the original statement, shall remain on E file in the office of the department of public works of the city. All underground facilities shall be constructed in accordance with the corrected statement, map, plan or specifications. 1 (d) A permit to excavate in any street, alley or public highway as provided in this section shall be issued by the department of public works to construct underground facilities as provided for in Chapter 31 of the Municipal Code, when their location has been approved by the department of public works. All such exca- vations shall be made in compliance with the requirements of this chapter and Chapter 31 of the Municipal Code. (e) In planning underground ducts, the company shall include in the plans a conduit space in which the city may place its city alarm, city control, or city communication wires, free of charge. The company shall work with the city in the installation, repair and removal of alarm, control, and communication wires in the space allotted to the city. Supp. No. 31 2311 1. ��" #O7 __T r 4 33.184 IOWA CITY CODE (f) The above -ground extension of a utility line from an under- ground conduit to a building or other location the din the h under- ground service district must be approved by of public works of the city prior to its installation. (g) Any above -ground facilities in an underground service dis- trict shall be located with due regard for aesthetics. (Ord. No. 86.3298, 51, 9.9.86) Sec. 33.185. Public utility company contractors. The requirements of this chapter shall apply fully to all per- sons, firms or corporations performing work for a public utility company under a contract or other type of work order. (Ord. No. 86-3298, 4 1, 9.9.86) DIVISION 3. GENERAL PROVISIONS Sec. 33-186. Conditions of street occupancy. (a) Use. All utility system components erected by a public util- ity company within the city shall be so located as to cause mini. mum interference with other public utilities located in the streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of prop- erty owners who adjoin any of the said streets, alleys or other public ways and places. (b) Relocation. The company shall, upon reasonable notice and at its cost and expense, remove, locate and relocate its utility system components in, on, over or under any public right-of-way in the city in such manner as the city may at any time require for purpose of facilitating the construction, reconstruction, main. tenance, repair or change in grade of any public improvement on, in or about any such public right-of-way, for the purpose of pro. moting the efficient operation of any such improvement, or for the purpose of facilitating the vacation and redevelopment of public right-of-way by the city. In the event the public utility company fails to act within the allotted time, the city may cause the utility distribution systems to be relocated and the costs thereof shall be accessed to the public utility company. Supp. No. 31 2312 /I UTILITIES § 33.188 (c) placement Of components. The public utility company shall not place their utility system components in the public right -of• way where the same will interfere with the normal use or main• tenance of any public improvement, including but not limited to streets, alleys, sidewalks, traffic -control devices, sanitary sewers, storm sewers, storm drains or water mains. (Ord. No. 86.3298, § 1,9-9-86) Sec. 33.187. Powers of city. Nothing in this chapter contained shall be construed to abridge the right or power of the city to make further regulations relative to the use of the streets, alleys and public grounds by a public utility company using the same for the erection and maintenance Of utility systems. (Ord. No. 86.3298, § 1, 9.9-86) Sec. 33.188. Penalty. Any Persons willfully violating this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished ac. cording to the provisions of section 8 of Ordinance No. 78.2918 [Adopting Ordinance, page ix of this volume]. (Ord. No. 86.3298, § 1, 9.9.86) Supp, No. 31 2313 IThe next paha Is 2.0511 #07 ZONING 138 (6.1) Clinic small animal- An establishment where the pre• vention and treatment of diseases and injuries in small domestic animals is carried out by a licensed veteri• narian. For the purposes of this chapter, this defini• tion does not include a kennel. (6) Clu& A meeting Place of an association with restricted access to the general public controlled by its members, and in which property is actually owned, leased or held in common for the benefit of its members. For the Purposes of this chapter, this definition does not in- clude a fraternity or sorority house. (7) Commercial recreational uses: Facilities which are used Primarily for physical exercise, or culture and which include but are not limited to campgrounds, courts, gyms, swimming Poole, locker and training rooms, tar• get or shooting ranges, amusement arcades, and bil• Bard halls. Such facilities do not include massage par. lore and establishments which feature nude dancing. (8) Commission The planning and zoning commission of Iowa City, Iowa, as created by Chapter 414 of the Code of Iowa and the City Code of Ordinances. (9) Confinement feeding operations; One or more roofed or Partially roofed animal enclosures, designed to con. tain liquid or semiliquid animal wastes, and in which the maximum number of animals confined at one time exceeds fifty (60) beef cat(le, forty (40) dairy cattle, two hundred fifty (260) swine over forty (40) pounds, one thousand eight hundred (1800) swine forty (40) pounds or less, six hundred (600) sheep, three thousand (3,000) turkeys, fifteen thousand (16,000) broiler chickens or nine thousand (9,000) layer chickens. (10) Conversion: Any change of one principal use to an. other principal use. (11) Council- The city council of Iowa City, Iowa. (12) Court A apace, open and unobstructed to the sky, located at grade on a lot and bounded on three (3) or more sides by walls. (d) (1) Deck A covered or uncovered platform area projecting from the wall of a building, accessible at or from above grade, and attached to the ground. Supp. No. 31 2486 . tv7 _—t Mrir 1364 IOWA CITY CODE (2) Density, gross: The number of dwelling units per unit area of land (usually expressed as dwelling units per acre). (3) Deuelopmenk Any man-made change to improved or unimproved property including but not limited to build. ings, mining, dredging, filling, grading, paving, exca. vation or drilling operations. (4) Deuelopmentally disabled: Any person who has a dis• ability attributable to but not limited to mental retar• dation, cerebral palsy, epilepsy, autism or another sim• ilar neurological condition; dyslexia resulting from an above disability; or a mental or nervous disorder which disability originates before such individual attains age eighteen (18), and which constitutes a substantial im. pairment expected to be long -continued and of indefi. nite duration. (6) Discontinuance Whenever a nonconforming use is aban. doned, ceased, or terminated. (6) Downzoning: A change in the zoning classification of land to a classification permitting development that is less intensive or dense, such as from multifamily to single-family or from commercial or industrial to residential. (7) Driueldriueway.- An asphalt, concrete or similar per. manent dustfree surface designed to provide vehicular access to a parking area. (8) Dwelling: A building which is wholly or partially used or intended to be used for residential occupancy. (9) Dwelling, duplex A dwelling containing two (2) dwell• ing units. (10) Dwelling, farm: A dwelling located on a farm and occupied by the family which maintains and operates, owns or has a leasehold interest in the farm on which the dwelling is located. (11) Dwelling, %urpler A multifamily dwelling contain. ing four (4) dwelling unite (12) Dwelling, high-rise multifamily: A multifamily dwell. ing exceeding sixty-five (65) feet in height. (13) Dwelling, low-rise A multifamily dwelling which is thirty-five (35) feet or less in building height. Supp. No. 31 2486 �4 0407 i �n ZONING 1364 (14) Dwelling, multifamily. A dwelling containing three (3) or more dwelling unite. Supp. No. 31 2466.1 #07 I (a) e 1 i i' k (2) Supp, No. 31 ZONING (9) Roomer,- An occupant of a room- 4 36.4 unit who is not a member of the fag house or rooming house operator. A roomer shall also mean an occupant of a dwelling unit who )s not a member of the family occupying the dwelling unit. (10) Rooming house- Any dwelling, or that part of any dwelling, containing one or more rooming units, in which space is let by the owner or operator to four, (4) or more roomers. (11) Ing Rooming unit- Any habitable room or group of adjoin. rooms located n a dweing an form ng a a ngle unit with facilities which are used, or intended to be used, primarily for liv but not for cooking. ing and sleeping, A rooming and toilet facilities availblunit shall have bath the a e for the exclusive use of occupants) a or the for communal use and, in addition, occupants may have access anr ining room. to a communal kitchen d/od (1) School—Generatizedprivatewhich includes instruclion•gpriyan�h�l eco daschany of the followi Is belng; Elementary and ry sch000w university grade (ordinarily grades 1 through 12), including denominational and sectarian; kindergartens and military academies are also included. Colleges, universities, and professional schools granting academic degrees and requiring for admission at least a high school diploma or equivalent general academic training. Junior colleges and nical institutes requiring for admission at least a high tech• school diploma or equivalent general academic train. Ing and granting associate academic degrees, certifi• cotes or diplomas private instruction• A private school which includes any of the following; Establishments °primarilyein Waged in offering data processing courses mento g, and in computer and peripheral equip. Aeration, including keypunch operation. Estab- lishments primarily ongaged in offering courses in business machines operation (except data processing), prnredurna, and secrntarfal and stenographic skills. 2497 0,047 _1 4 364 IOWA CITY CODE r� Establishments primarily engaged in offering special- ized trade or commercial courses, not elsewhere classi. fied, but not academic training. Specialized nondegree granting schools, not elsewhere classified, such as music schools, dramatic schools, language schools, and civil service and other short-term examination preparatory schools. Establishments primarily. engaged in operat- ing dance studios and schools. (3) Separate tract- An abutting group of lots which are developed for a use or uses which share common facili. ties, e.g., off-street parking, loading and driveways. A separate tract shall be considered as a single lot in the application of the requirements of this chapter. (4) Setback line The line beyond which the wall of a building or structure shall not project. (5) Special exception: A principal or accessory use or a modification in yards or parking and stacking spaces which is allowable when the provisions of section 36-91(g)(2) are met and when the facts and conditions specified elsewhere in this chapter, as those upon which the exception is permitted, are found to exist by the board of adjustment. ••—%' (6) Slacking space An asphalt, concrete or similar per- manent dustfree surface which is designed to accom- modate a motor vehicle waiting for entry to an auto. oriented use, which is located in such a way that a parking space or access to a parking space is not ob. structed, and which is at least nine (9) feet in width and nineteen (19) feet in length. (7) Story. The portion of a building included between the upper surface crony floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. (8) Street• The entire width between property lines through private property or designated width through public property of every way of whatever nature when such way is open to the use of the public as a matter of right, for purposes of vehicular traffic. Supp. No. 31 2498 i �• 1� (z) (1) Zone: A portion of the city delineded on the zoning map in which requirements and development stand. ards for the use of hind and buildings within, above oe belmv the zone are prvscrihed in this chapter, (2) Zoning rode interpretation ponch A stall' panel desig- nated by the city manager to interpret rho provisions of the zoning ordinanco in such it way os to carry out its intent and purpose, (3) /.ening roar/: Tho loop delineating the boundaries of zones which, along with the zoning text, comprises the zoning ordinance. (Ord. No. 85-3252, § 1, 0.10-86; Ord. No. 86.3301, § 1, 11.4-86; Ord. No. 86.3303, § 1, 11.18.86) Supp, No. 31 2501 V, 447 Nw ZONING t 36.4 - (4) Vehicle, storage of- A vehicle or portion thereof which is parked in the same position fora period of forty- eight (48) hours a• Marc. (w) Reserved (x) Reserved. (Y) (1) Yard- A required area on it lot unoccupied by struc- tures above grade except for projections and the spe- cific minor uses or structures allowed in such area under the provisions of this chapter. A yard extends from the grade upward. (2) Yard, (ronb The required area across a lot between the front yard line and thestreet (right -or -way line). (3) Yard, rear: The required area from one side lot line to :mother side lot line and between the rear yard line and the rear lot line. (4) Yarm side: The required area from the front yard line to the rear ynrd line and from the sine yard line to the side lot line. (5) Yard line, (rnni. A Zinc from one side lot line to an. other side lot line, parallel to the street, and as far back from the street as required in Lhis chapter for the front yard. (6) Yard line, rear. A line parallel to the rear lot line and as far forward from the rear lot line its required by this ch.:,ter (see "lot line, rear"). (7) Yard line, side: A line pnrallcl to the side lot line and as Far from tho side lot line as required by this chapter. (z) (1) Zone: A portion of the city delineded on the zoning map in which requirements and development stand. ards for the use of hind and buildings within, above oe belmv the zone are prvscrihed in this chapter, (2) Zoning rode interpretation ponch A stall' panel desig- nated by the city manager to interpret rho provisions of the zoning ordinanco in such it way os to carry out its intent and purpose, (3) /.ening roar/: Tho loop delineating the boundaries of zones which, along with the zoning text, comprises the zoning ordinance. (Ord. No. 85-3252, § 1, 0.10-86; Ord. No. 86.3301, § 1, 11.4-86; Ord. No. 86.3303, § 1, 11.18.86) Supp, No. 31 2501 V, 447 Nw -I 1364 IOWA CITY CODE Cross references—Flood overlay zone definitions, p 36-32; [own [liver corridor overlay zone definitions, 6 3645; sign regulation definitions, i 3661. ARTICLE IL PRINCIPAL USES AND REQUIREMENTS DIVISION 1. ZONES Sec. 365. Interim development zone al)). (a) Intent. This zone is intended to provide for areas of man- aged growth in which agricultural and other nonurban uses of land may continue, until such time as the city is able to provide municipal services and urban development can take place. Upon provision of municipal services, the city will and the property owner may initiate rezoning of property to uses consistent with the comprehensive plan. ID designations on the zoning map shall be reevaluated with each revision of the comprehensive plan. ID designations shall consist of ID -RS (single-family residential), ID -RM (multifamily residential), ID -ORP (office research park), and ID-RDP (research development perk) to reflect the intended use of the property in the future. .� (b) Permitted uses. (1) Farms. (2) Livestock and livestock operations except livestock feed lots and confinement feeding operations. (c) Provisional uses. (1) Clubs subject to the requirements of section 36-55. (2) Farm dwellings provided they are developed in accordance with the dimensional requirements of the RR -1 zone. A maximum of two (2) roomers may reside in each farm dwelling. (3) Livestock feedlots, except confinement feeding operations, provided they are located not closer then one-fourth ('/4) mile to any R zone boundary. (4) Office research park (ORP) uses provided they are devel. oped in accordance with the applicable special provisions of this zone. Supp. No. 31 2502 ..^ __T ZONING 136.19' b. Accessory use and building regulations: See section 36-57. c. Off-street parking requirements: See section 36.58. d. Off-street loading requirements: See section 36.59. e. Sign regulations: See section 36.60. f. Fence regulations: See section 36.65. (2) General provisions: See Article IV. a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. c. Performance standards: See Division 3. d. Nonconformities: See Division 4. (g) Special provision& i (1) In no instance shall an area zoned CN -1 be less than three (3) acres or more than seven (7) acres. , (2) Religious institutions which existed on August 7, 1962, _may expand without compliance with the dimensional re- �� geirements or the off-street perking requirements. I Sec.. 36.19. Community commercial zone (CC -2). (a) intent The community commercial zone (CC -2) is intended N to provide for major business districts to serve a major segment of 's the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators that require access from major thor- oughfares. While these centers are usually characterized by in- door operations, certain permitted uses may have limited outdoor activities as specified. ` (b) Permitted uses. (1) Business and personal service establishments except drive-in i facilities. (2) Clubs. (3) Meeting halls. (4) Office uses allowed in the CO -1 zone. Supp. No. 31 2535 _I 4 3619 IOWA CrrY CODE �\ (6) Retail establishments, including restaurants, except those uses listed as special exceptions. (6) Theaters. (c) Prouisional uses (1) Small animal clinics, provided there are no outside runs and the structure housing the clinic is not located within two hundred (200) feet of a residential zone. (d) Special exceptions. (1) Auto- and truck -oriented uses. (2) Cemeteries. (3) Child care facilities. (4) Commercial recreational uses. (6) Dwellings located above or below the ground floor of an- other principal use permitted in this zone, provided the density does not exceed one dwelling unit per one thou- ^ sand eight hundred (1,800) square feet of lot area. A max- imum of three (3) roomers may reside in each dwelling unit. (6) Funeral homes subject to the requirements of section 36.66. (7) Public utilities. (8) Religious institutions. (9) Schools—Specialized private instruction. (10) Transient housing provided that there is at least three hundred (300) square feet of lot area for each permanent resident and two hundred (200) square feet for each tempo- rary resident. (e) Dimensional requirements. (1) Minimum lot area: None. (2) Minimum lot width: None. (3) Minimum lot frontage: None. Supp. No. 31 2636 j ZONING 136-20 (4) Minimum yards: Front -20 feet. Side—None. Rear—None. (6) Maximum building bulk: Height -35 feet. Lot coverage—None. Floor area ratio -2.0. (0 General provisions. All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles RI and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article III, a. Permitted accessory uses and buildings: See section 36-66. b. Accessory use and building regulations: See section 3857. c. Off-street parking requirements: See section 36.68. d. Off-street loading requirements: See section 36.69. e. Sign regulations: See section 36.60. i E Fence regulations: See section 36.66. (2) General provisions: See Article W. a. Dimensional requirements: See Division 1. b• Tree regulations: See Division 2. c. Performance standards: See Division 3. d. Nonconformities: See Division 4. (g) Special provisions, (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- quirements or the off-street parking requirements. (Ord. No. 86.3301, § 2, 114.86) See- 38.20. Central business service zone (C&2). (a) Intent The central business service zone (CB -2) is intended to allow for the orderly expansion of the central business district Supp. No. 31 2637 I _.I 13620 IOWA CrrY CODE Of Iowa City, to serve as a transition between the intense land uses located in the central business district and a(joining areae, and to enhance the pedestrian orientation of the central business district by providing suitable, peripheral locations for auto -oriented commercial and service uses. This zone is intended to accommo. date mixed land uses and requires that the intensity of use be less than that permitted in the CB -10 zone. (b) Permitted uses (1) Auto- and truck -oriented uses. (2) Hotels, motels and convention facilities. (3) Permitted uses of the CB -10 zone. (4) Transient housing. (e) Provisional use& (1) Dwellings located above or below the ground floor of a structure in which the ground floor is occupied exclusively by another principal use or uses permitted in this zone. The dwellings shall be developed in accordance with the dimensional requirements of the RM -146 zone. A maxi. mum of three (3) roomers may reside in each dwelling unit. (2) Elderly housing subject to the requirements of section 36.66. (d) Special exception& (1) Child care facilities. (2) Clubs. (3) Commercial recreational uses. (4) Public utilities. (6) Religious institutions. (6) Schools—Specialized private instruction, (7) Transient housing. (e) Dimensional requirements. (1) Minimum lot area: None. (2) Minimum lot width: None. Supp. No. 31 2638 1; ,-,V W _1 I� J ZONING (3) Minimum lot frontage: None. (4) Minimum yards: Front—None. Side—None. Rear—None. r I Supp. No. 31 26381 4 3620 T-% __T ZONING 43647 h• An erosion control and sedimentation plan as required by applicable provisions of the "Design Standards for Public Works Improvements" of Iowa City. (d) Special proolsions. (1) If an owner/developer of a residentially zoned parcel, part of which is located in the ORC zone, agrees to leave the Portion in the ORC zone undeveloped, the owner/developer 'shall be allowed to develop the remainder of the parcel according to OPDH regulations, as specified in section 3647 ' without applying for a change in zoning. Sec. 38.47; Planned development housing overlay (OPD -H) zone—General. (a) Purpose. The OPD -H zone is established to permit flexibil- ity in the use and design of structures and land in situations where conventional development may be inappropriate and where modifications of requirements of the underlying zone will not be contrary to the intent and purpose of the zoning ordinance, in. consistent with the comprehensive plan nor harmful to the neigh• liorhood in which they are located. (b) Intent The intent of the PDH regulations is to: (1) Provide flexibility in architectural design, placement and clustering of buildings, use of open space, provision of cir, culation facilities and parking, and related site and design considerations; '(2) Encourage the preservation and best use ting land• scope features through development sensi ral features of the surrounding area;tive of existing the natu- (3) Promote efficient land use with smaller networks of utili- ties'and streets; (4) Encourage and preserve opportunities for energy efficient development; (5) Promote an attractive and safe living environment which is compatible with surrounding residential developments; and Supp. No. 31 2581 136-47 IOwA CITY CODE (6) Provider alternative method for redevelo ' �\ dentia) arsea and to encourage infill develo (c) A Pmg older rest. ppR zones ' Planned develo Pment. mitted in R zones as follows. Pment housing (1) For an undeveloped shall be per- - P area of land of two (2) (2) For development of acres orareas of land containing (2) acres but more. ronmentall more than one acre, where, a less than two or Y sensitive areas, or existin because of envi• thecae lof and is completely surrounded b natural features, Pment existing development or scenic y develo or veto Pment, conventional development and me assets, such de- conve standards Pment (see more efficient than relating section 36-48(h)for a acres), g to developments of less Pecillc (Ord. No. 853255, than two (2) § 1, 9.17.85; Ord. No. 86.3302, § 1, 11-4.86) . 8eC• 3648. Same_Regulationa. '(a) Preliminary PDH plan The owner of 10g t pid�s4cirements of section 36.47 area of land meet - in acc an ar the cit °with the provisions of this sect,pn wishes to Y clerk atx (6) copies of a develop cation for prelimina l Thin tna shall submit to the use and ry aPProval. The rl PDH plan and aPPli- quested variatic a fromnreof the area of landsry h PD et ' which Plan for the tract of land is quiremants of the all re- may show a range of dimenaOcateand need Preliminary zone in ityofthefina]' d. The Preliminary PDH plan following; Plan. The application shall be not have the s acco Py the /l) A location ma mPanied by the (2) A P affixed to the plan. preliminary PDH plan of the proposed development drawn to Scale of 1" = 100', showing; a' AooContours at (ive•f It. cot intervals or lemate location of all as. c• Proposed uses of the land. Proposed streets. d Number of dwelli Supp, No. 31 development, ng units proposed for the Planned 2582 $67 _._T i ZONING §3648 e. Proposed general arrangement of the buildings. f. Location and area of proposed open space areas (either to be held in common or publicly, and whether to be used for active recreation purposes or only as an envi- ronmental amenity). g. Sketches to indicate the general design of building types and the overall character of the development. h. Legal description of the planned development. (3) A fee in such amount as may be established from time to time by resolution. (b) Preliminary PDH plan approval Approval of a preliminary PDH plan shall be by ordinance in accordance with the proce- dures set forth in section 36.88, Amendment of ordinance. Ap. proval of the zoning of the land to an OPD -H zone shall constitute approval of the plan. A preliminary PDH plan shall be valid for no more than twenty-four (24) months, unless specifically pro. vided otherwise in the OPD -H approval ordinance. If no building permit has been issued for the development within the twenty- four -month period, the area of land to which the PDH ordinance applied may be considered by the city for rezoning. Preliminary or final OPD -H plans approved prior to the date of adoption of these regulations shall not be subject to this provision. (c) Report of planning and zoning commission. Upon comple- tion of review of the preliminary PDH plan of the planned devel. opment, the commission shall recommend either approval or de. nial of the plan and shall make a written report of its findings to the city council to substantiate its recommendations. The finding shall deal with the following: That the variances in setbacks, lot area requirements, building heights, building types, sizes of build- ings, and the combination of land uses will be in the public inter. est, in harmony with the purposes of this chapter and other building regulations of the city and will not adversely affect nearby properties; and that the parking requirements of this chapter otherwise prevailing in the zone have not been reduced. (d) Changes in approved preliminary PDH plan Material changes in an approved preliminary PDH plan shall be subject to the approval procedures set forth in section 36-48 M. A material change is any change in the use or character of the development Supp. No. 31 2583 11,07 4 3648 IOWA CITY CODE from the use or uses shown on the preliminary PDH plan, and any dimensional change beyond the ranges specified on the pre- liminary plan. (e) Final PDH plan Applications for approval of the final PDH plan shall meet all of the requirements of the preliminary PDH plan and meet the documentation specifications of the subdivi• sion and large scale residential development regulations where applicable. A fee in such amount as may be established from time to time by resolution shall be paid at the time the final plan is submitted to the city clerk. For an area of land less than two (2) acres the final PDH plan shall also include the following: (1) Building elevations and floor plans for all structures. (2) Details of materials to be used for external construction. (3) A landscape plan including screening and buffering be- tween the proposed and existing development. (t) Final PDH plan of subarea After preliminary approval of . the entire planned development is given, a final plan of a seg- ment or subarea within the planned development may be ap• proved ifi (1) The plan of the subarea meets all requirements of a final plan. (2) The dwelling unit density within the subarea does not exceed the dwelling unit density allowable for the least restrictive use for that area under existing zoning. (3) The subarea can function as an independent development unit with adequate access, services, utilities, open apace, etc. (4) The developer dedicates all public rights-of-way necessary to support the subarea. (5) The subarea is more than two (2) acres in size. (g) General requirements. Planned developments shall meet the following criteria: Supp. No. 31 2584 . 4407 _I ZONING 4 3648 (1) Land uses. Combinations of land uses including single- family, multi -family and commercial uses are permitted, and variations in building setback and lot area require- ments as called for in this chapter may be approved for Planned developments. (Commercial uses are not permit- ted in PDH plans on less than two (2) acres.) (2) Dwelling unit density. The overall dwelling unit density (based upon total land area minus public and private street right -of --way area within the planned development) may be computed on the basis of that permitted for least restric- tive use, depending upon the character of the development which would be allowed under the applicable zoning classification(s). (3) Open space Planned developments shall take into consid- eration the need to provide open space for recreational Purposes and to enhance the general character of the area. a. In the event the open space land is to be retained under private ownership, the developer must submit a legally binding instrument setting forth the procedures to be followed in maintaining the areas and the means for financing maintenance costs. Generally, such costs shall be shared by all owners of property located within the planned development, with unpaid costs becoming a lien on individual properties. b. All proposed dedications of land for public use, includ- ing that to be dedicated for recreational use, shall be approved in writing by appropriate departments of the city prior d approval of the plan by the commission. All ]end dedications for public use shall conform to the requirements of city ordinances. (4) Ownership. At the time of approval of a preliminary PDH plan, the developer must submit evidence of ownership of the property to be developed or show evidence of legally binding executed option agreements for purchasing all of the property. (5) Dedication Ofpublic right -Of -way. All proposed dedications of land for public use, including that to be dedicated for recreational use, shall be approved in writing by appropri. Supµ No.31 2585 13648 IOWA CITY CODE ate departments of the city prior to approval of the plan by the commission. All land dedications for public use shall conform to the requirements of city ordinances. (6) Streets. Planned developments shall make provision for continuation and extension of streets and shall be done in accordance with current city standards. (7) Schedule of completion. A developer or sponsor of a planned development shall be required to submit a signed state- ment generally describing the proposed development and setting forth an intended time schedule for the completion of various phases. (h) Additional requirements and standards for PDHon areas of land less than two (2) acres, but one acre or more No PDH plan for an area containing less than two (2) acres shall be approved before the following prerequisite is met and which does not con- form to the following standards: (1) Prerequisite to consideratiow-Prior to submitting a prelim- inary plan, the owner/developer shall notify all property owners within six hundred (600) feet of the proposed devel- opment, of the proposed project, and shall meet with as , many property owners as possible to discuss the project. The owner/developer shall submit to the department of planning and program development a list of property own. ers, obtained from the assessors's office, to whom notice was sent. Documentation of a meeting with these people shall be submitted to the planning and zoning commission. (2) General standards: a. The density and design of the PDH shall be compati- ble in use, size and type of structure, relative amount of open space, traffic circulation and general layout with adjoining land uses, and shall be integrated into the neighborhood. b. The development shall not overburden existing streets and utilities. c. The development shall not adversely affect views, light and air, property values and privacy of neighboring Supp. No. 31 2686 07 ZONING 3 3648 properties any more than would a conventional devel. opment. (3) Speci(cstandards, a. Land coverage: Maximum land coverage for all build. ings in the development shall not exceed thirty-five (35) percent of the total land area minus street right- of-way area. b. Open space: At least thirty-five (35) percent of the total land area minus public and private street right- of-way area shall be open space. At least fifty (50) percent of the required open space shall be suitably improved by the owner/developer for its intended pur. pose, such work to be completed before any occupancy certificate may be issued for the development. The remaining fifty (50) percent of required open space may be left unimproved, particularly if natural fea- tures worthy of preservation exist on the site. [Open space means land area of the site not covered by build. ings, parking or vehicular maneuvering areas, but including storm water detention basins, recreational and pedestrian areas and private yards, if any.] c. Dimensions: There shall be no minimum dimensional requirements except for setbacks required by the Uni- form Building Code and at the perimeter of the devel- opment where setbacks shall be, at a minimum, those required for adjacent properties. d. Siting and design: Multi -family structures located ad- jacent to existing single-family dwellings must be sited, landscaped and screened by natural features and plant materials to harmoniously integrate the PDH with the surrounding neighborhood. e. Commercial or institutional uses shall be prohibited. (4) Other conditions may be required, if found necessary to protect and promote the best interests of the surrounding property or the neighborhood. These conditions may in. clude but are not limited to, the following: a. Improvement of traffic circulation for vehicles and pe. destrians in the proposed development and adjoining properties and streets. Supp. No. 31 2586.1 #o7 ,I $ 3640 IOWA CITY CODE b. Specific landscaping requirements to maintain privacy or reduce impacts on adjoining properties. C Joint use of private open space or amenities by adjoin. Ing property owners. (i) Final plan approval Final approval of any PDH plan shall be by administrative review. Approval shall be based on compli. once with an approved preliminary PDH plan and any modifica- tions required by the commission and council at the time the land was zoned to OPD -H. After approval of the final plan, permits may be issued to carry out the approved plan. Material changes to an approved PDH plan must be approved by ordinance in accordance with the procedures set forth in section 3648(b), Amend- ment of ordinance. Material changes are the same as those speci. fied in section 3648(d). 0) Building permits. The final plan, or parts thereof as finally approved, shall be filed in the building official's office and build. ing permits may be issued only for structures conforming to the PDH plan. Minor changes in building arrangements that do not substantially alter the character of the development are allow. able without further council action. Any other changes, including changes in street locations, land use and building arrangements, shall be considered as material changes to the approved plan, to be approved as amendments in accordance with the procedures set forth in section 36.48(b). In the event commercial uses are approved as a part of a planned development, no building permit or a commercial use shall be issued until a minimum of twenty-five (25) percent of the housing units planned for the area (or approved subarea) have been com- pleted or unless twenty-five (25) percent of the housing units planned for the area (or approved subarea) will be built simulta. neously. (Separate building permits shall be obtained by the developers for the construction of housing and commercial uses where separate buildings are to be used.) (Ord. No. 86.3302, 5 1, 11.4-86) Secs. 3649-36-52. Reserved. Editor's note—Pursuant to the direction of the city, 0136-50-36-54 concern. Ing historic preservation overlay (011P) zones, have been removed from this chnpter. Seo Art. V of Ch. 27 for material concerning historic preservation. Supp. No. 31 2586.2 IM 40 7 _1 f,ll A ZONING 43653 See, 3659. Historic preservation overlay(OHP)zone—General, (a) Purpose The purpose of the OHP zone is to: (1) Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement, and perpetuation of districts of historic and cultural signif. icance located in the City of Iowa City; (2) Safeguard the city's historic, aesthetic, and cultural heri. tage by Preserving districts of historical, architectural, and cultural significance; (3) Stabilize and improve property values by conservation of historic properties; (4) Foster civic pride in the legacy of beauty and achieve- ments of the past; (6) Protect and enhance the city's attractions to tourists and visitors and the support and stimulus to business thereby provided; (6) Strengthen the economy of the city; and (7) Promote the use of districts of historic and cultural signifi- cance as sites for the education, pleasure and welfare of the people of the city. (b) Descriptions. An OHP zone is an area that contains abut- ting pieces of property under diverse ownership which: (1) Are significant to American history, architecture, archae. ology and culture or Iowa City history, architecture, or. rhaeology and culture, (2) Possess integrity of location, design, setting, materials and workmanship, (3) Are associated with events that have made a significant contribution to the broad patterns of our history, (4) Are associated with the lives of persons significant in our past, (6) Embody the distinctive characteristics of a type, period, method of construction; represent the work of a master; Supp. Na. 31 2586.3 V -a7 __T 5 3653 IOWA CITY CODE possess high artistic values; represent a significant and distinguishable entity whose components may lack indi- vidual distinction, (6) Have yielded, or may be likely to yield, information impor- tant in pre -history or history. Cross reference—Hiatoric preservation, 4 27.81 et seq. Sec. 36-64. Same—Procedures for designation of OHP zones. (a) The historic preservation commission may make a report recommending that an area be designated an OHP zone. Before any report or recommendation is submitted to the planning and zoning commission for review, the historic preservation commis- sion shall hold a public hearing on any proposal to designate an area as an OHP zone. The historic preservation commission shall give prior notice of the time, date, place and subject matter of such hearing. Such notice shall be served by ordinary mail ad- dressed to each property owner of land included within such proposed OHP zone at his/her last known address. If the address of any property owner is unknown, such notice shall be served by / ordinary mail addressed to "owner" at the street address of the property in question. The city clerk shall file an affidavit of mailing setting forth the names, addresses, and date of mailing of all property owners notified pursuant to this section. Such affidavit shall be filed with the city clerk in the records of his/her office. Atter this public hearing the historic preservation commis- sion shall submit its report to the planning and zoning commis. Supp. No. 31 2686.4 �, n Principal Use a Zone 2. Participating iYpe—Skatingo rinks, Where permitted dance halls, tennis courts, swim sling peals, archery ranges, y.. d. nesfums, pool halls d• Oolfcoures o• Oolfdriving range , Where Permitted ,,, f Libraries, museums and art galleries Where permitted cg• Religious institution, QD Where Permitted Number o/Spe,,, Parking spares equal in number to twothfrde (2/3) the occupant load of the Brea used for the Participatory sport or activity Three (3) Parking spaces for each green (hole) One parking space for each tee, if provided, or one perking spare for each twenty (20) feet of range width (along the less) One parking space for each than hundred (300) square feet of floor area Parking spaces equal in number to on"izth O (lig) the occupant load in main auditorium or the largest room in the building, whichever, is Gt greater _I • r^ _.T 136-58 IOWA CITY CODE (6) Other uses. For uses not listed, parking spaces shall be provided on the same basis as required for the most similar listed use as determined by the building official. (b) General rules applicable to off-street parking. The following rules shall govern in the design, location and number of off-street parking and stacking spaces, aisles and drives. (1) Where a fractional space results, the number of park. ing and stacking spaces required is the closest whole number. (2) Whenever a use existing prior to the effective date of this chapter is enlarged to the extent of less than fifty (50) per cent in floor, area, the addition or enlarge. ment shall comply with the parking requirements set forth herein. (3) Whenever a building existing prior to the effective date of this chapter is structurally altered by one or more additions, the sum total of which increases the floor area to the extent of fifty (50) per cent or more, the uses contained within the original building and all enlargements shall thereafter comply with the park. ing requirements set forth herein.—' (4) A use existing prior to the effective date of this chap. ter, for which the current required number of parking or stacking spaces is not provided, may be converted to another use without full compliance with the required number of parking or stacking spaces, provided that: a. If section 36-58(a) would require a greater number of parking or stacking spaces for the converted use than were required for the established use, the increased number of parking or stacking spaces shall be provided in compliance with section 36.58(c). b. In addition to the number of spaces required under subparagraph a., or if subparagraph a. is not ap• plicable, as many additional spaces shall be pro. vided as the lot will accommodate. (5) In the case of mixed uses, the parking and stacking spaces required shall equal the sum of the require. ments of the various uses computed separately. Supp. No. 31 2610 ZONING f salsa (6) The storage of merchandise, materials, equipment, refuse containers, obsolete or junk vehicles, or the major re- pair of vehicles is prohibited in required off-street park- ing and stacking spaces. (7) Prior to the issuance of a certificate of occupancy as provided in section 36.86, all parking and stacking spaces, drives and aisles shall, as provided in section 36-58(e)(1) be paved with concrete, asphalt or a similar dustfree surface; except that the building official r,. ay issue a temporary certificate of occupancy in those instances where the building official finds that the paving cannot reasonably be completed due to adverse weather conditions or settling of land on the site after demolition or filling. A temporary certificate of occu- pancy shall be effective only to a date specific, and, as a condition to issuance.of such a temporary certificate, the property owner shall place in an escrow account, established with the city, an amount which shall cover �—.. one hundred ten (110) per cent of the anticipated cost of paving. (a) Conptructioi; design and location requirements (1) Construction. All parking and stacking spaces, drives and aisles shall be constructed of asphalt, concrete or similar permanent dustfree surface. (2) Design. Except for single-family dwellings (including zero lot line and townhouse units) and duplexes, park- ing and stacking spaces, aisles and drives shall be designed as follows: a. Parking areas shall have the minimum dimen- sions illustrated in Figure 1 of each of the parking configurations.permitted (where the edges of park- ing spaces are curved, as on a curved aisle, all angles shall be measured between the straight Supp. No. 31 2611 138.6E IOWA CITY CODE FICtJR6 ' I 7AeKIN4 60NA4veATl0K5, M9 DIMCSNSJMP4 6IMPAIM WHIGI.Es compACryEF1;G1." mmu•' I 1 :ELL]; • 11 1 1 I 1 1 1I 1 ' AIYf �A� rI 'MMS .rlr�f' Y 11 I� ` I Rr; ik Y%[ 1 Ir m y Y{ y Al" APiLi 1.' � 1 .r �! 1-ntr.tlllltr ��.. 1 ti < X S�o � I y �,i^ a xr i f A16LL II I iAe 7 n A16LC ]Y I { 1 Supp. No. 31 2612 'll ZONING identified with signs136-59 - spaces shall be a for use b minin wide and located with quill the of twivedicappcd persons. The (12) feet, six (6) inches building, a smooth, most convenient j from the Most surf aca shallaccess to the j Mit parking spaces to thking e building entrance. be Provided (i) i theOnsin mbthat �c i£o use has sk Where it can be dem. number Of Parkin uch characteristics that 1 restrictive, the g or stacking spaces re I rest board of adiuetment required is too exception to allow not more then a nmay grant a special tion, and mare for not more fifty (60)Per cent reduc ter of more Places, in the refaced on the National Re s. stack' (Ord. No. 85. gspaces* quirednumberofparking r r § 2A, 11 85-nc 67 § 2, 12.17-85.5 Ord. N0, 85.3266, § 2,12-17 85, refers —4toppin8, etondin� Ord. No. s 686-3305 23.05 § 1, 12.16.86) eandpnrkfn , 234 at 1, 9. Off-street l =cept in the CB10 oading raqutremeats. 7 I E provided , off- street loading requirements: end In • rove ntained in compliance with the fol owlt e aces shal Requ numb (ai retailtrUs, Warehouse Off-street loading spaces. With j manufact use PP1Y hottee th in establishment, ind ' wholesale distributor story, or similar use which °striel or research lobo- bution of materiels or mei dtus¢eb the whfch hes a fl receipt or distri- or oor area often tho y trucks or vans and 104 ince, there shell be usand (10,000) square feet g spaces as foliows ded the minimum number of. squareFeetgAgeag°� MinimulnRequired frroaa F 10,000 to 20000 of spaces Number 20,000 to 40' 1 40,000 to 80,000 2 801000 to 120,000 3 Peroacheddi�iona18p000 4 5 Supp, Ne. 31 1 additional 2619 0107 a6da IOWA CITY CODE (b) General rules applicable to ol}atreet loading. Except as otherwise provided in this chapter, the same rule, appl. cable to off-street parking, section 38.68(b), shall apply to offatteet loading. (e) Design requirements (1) All loading apsew shall be constructed of asphalt, can. crate or similar permanent dustfree surface. (2) Loading space, shall be a minimum of ten (30) feet in width, twenty-five (26) feet in length, and twelve (12) feet in height, exclusive of aisles. When more than two (2) Mm" are required, the spaces other than the first two (2) shall be not 18811 than twelve (12) feet in width, seventy-two (72) feet in length, and fourteen (14) feet in height. (3) All loading spaces shell be pitched and drained to Prevent the flow of water from such areas onto streets and alleys which do not have adequate drainage facilities. (d) Loading space location (1) Except in the C&2 zone, loading spaces shall be lo. " cited so that trucks or vans to be loaded or unloaded do not back onto or out of a street. (2)' In R and ORP zones and in the C and I zones within Hlty (50) feet of an R or ORP zone, no loading space shall be located in the front yard. (3) Loading spaces may be provided within a side or rear • yard but shall not be located closer than five (6) feet to a lot line. Sea 38.80. Sign regulations[—Generally.) W Intent It is the purpose of the sign regulations to enhance and Protect the physical appearance and safety of the communi. h'. to Protect property values and to promote the preservation of Iowa City's areas of natural, historic and scenic beauty. It is Anther intended to reduce distractions and obstructions that may contribute to trade accidents, reduce hazards that may be caused by signs projecting over public rights-of-way, provide for a rea• sonable opportunity for all sign users to display signs for identifi• atlan without interference from other signage, to provide for fav Supp. No. 31 2620 Ord. No. CODE COMPARATIVE TABLE Adpt. Dote 85'3268 Section Senttop 853270 12.17.85 86,3274 12.17.85 1.14.88 86.3277 101).2, 5, (81 86.3280 1.28.88 86.3282 2.25.86 3.11.86 86-3283 86.3284 3.25.86 4.22.86 86.3286 S. 6.86 86.3287 863288 88.3289 863290 863294 863295 86.3296 88.3297 86.3208 86.3299 86.3300 Bupp. No. 31 5. 8.80 6. 3.H8 6 3.86 6.17.86 7.1586 8.1286 9. 9.86 9. 9.86 9. 9.86 10. 7.86 10. 7.86 2967 #D67 Section Senttop this Code 105&dx2)b 36.62(ux2g1, 101).2, 5, (81 36.65(,)(2) 36.7D(nx2) . I" r4dXl), (exll, (0, 1 Oxlky b 2 27.85 3-255( RPId 23.17 28 2C .3bjBcl RPId 6-16_6.18 RPId 16.1_Ig.S, . 2D 19.17-19.19 Reid 1 21.17_21.19 1 31-12 1 36.7&h) 36.7((:x2) a6&axz) 31.10(gxl), 1 36.I1(go 2 36 63(bxi) 15.2 1111 1562(0) 1(2) 36.62(cx5k,.6 1(3) RPId 3661(m)(21 16.62(,)(5)6,1 2 36.62(ex5k.2., 2(j),(2) . 27.86-27-08 2(3),(4) 8.1.2.9,1.3 2(5) 9.1.7.9.18 2 9,1.11 3 5.1 2.3 5,39_5.44 ,t 33.44, 33.45 2 88d6a 1 14.7fl(bxll-(61 1-18 a6&cxal 1-16 14.1_14.18 1 14.27-14-42 1 33.171_33.188 1.20_1.22 1225 #D67 #0 _7 '-i -.t — CODEINDEX CITY PLAZA—Cont'd. Section Vendors Ambulatory vendors Defined........................................... 9.1.2 Permitted uses .................................. 9.1.7(aXl) City plaza use permits for mobile vendors and ambulatory vendors ...................................... 9.1.8 Derinilions....................................... 9.1.2 Mobile vending cart; Defined .......................................... 9.1.2 Zones. See within this title: Mall Zones CITY SEAL. See: Seal CIVIL RIGHTS Human rights provisions .............................. 18.1 at seq. CIVIL SERVICE COMMISSION Established ........................................ 2.11 CLERK. See: City Clerk CLOSING -OUT SALES Going-outof-business and similar sales ............. 21-31 at seq. Going -out -of -business and similar sales. See that title CLUBS AND LOUNGES Alcoholic beverage regulations ....................... 6-1 et seq. Alcoholic beverages. See that title COASTERS Use on roadway. Sec: Traffic CODE OF ORDINANCES" Altering or tampering with ........................ 1-0 Amendments ..................................... 1.7 Catchlines, titles, headings, notes, etc, Effect ......................................... 1-3 Definitions ............ I .......................... 1.2 Designated and cited, how .......................... 1-1 General penalty ................................... 1.9 Violations. Seo hereinabove that subject Misdemeanors State law violations declared .................... 1-8 Municipal infractions, procedures and pennhies ........... 1.20 et seq. Infractions, municipal. See that title - oNoto—The adoption, amendment, repeal, omissions, effective date, exploration of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the 'adopting ordinance and preface which are to be found In the preliminary pages of this volume. Supp. No. 31 2995 �eI _—I IOWA CITY CODE r•"""� CODE OF ORDINANCES—Cont'd. Section New ordinances, effect ............................ 1-7 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Penalties. See hereinbelow: Violations Repeal of ordinances Effect .......................................... 1-0 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code , Rules of construction .............................. 1.2 Severability of parts of code ....................... 14 Violations Effect of repeal re penalties, etc .................. 1-0 General penalty ................................. 1.9 State law violations declared misdemeanor ........ 1.8 COLLISIONS Iowa River regulations ............................ 24-78 et seq. Iowa River. See that title Traffic accidents ................................. 23.84 at seq: Traffic. See that title COMMITTEES. See: Boards, Committees and Commis- ' sions COMMUNICATION SYSTEMS Broadband telecommunications franchise ............ 14.60etseq. Franchises. See that title Underground electric service ....................... 33.77etseq. Electric service (underground). See that title Telephone service (underground). See that title COMPENSATIQN Council members ....... I .......................... 2-18 Mayor ........................................... 244 Ordinances saved from repeal, other provisions not - Included herein. See the preliminary pages and the adopting ordinance of this code COMPLAINTS Human rights provisions .......................... 18.1 at seq. CONCEALED. WEAPONS Carrying .............. I .......................... 24.60 Firearms and weapons. See that title CONCRETE PAVEMENT Excavation requirements .......................•.. 31.21 et eeq. Excavations. See that title Supp. No. 31 2666 v -r } 4167 y, '71[nGl�ro. CODE INDEX CONDEMNATION Ordinances saved from repeal, other Provisions not theluded herein. See the Section Preliminary Pa¢ea and Placardip duptin¢ ordinance of this code ¢ Procedures rg houshg Hough¢, Seg that title .................. 17-3(k) 3tk) et geq, Unlawful assemblies ..... , Assemblies. See ......................... thak title 29-2 CONSERVATION Resources conaerratj op commission ...., Resources cons On commission. See that title CONTRACTS AND AGREEMENTS 27-72 at aeq, Award of contracts ...... .................... Boards and commisetons ae+vlees ................... 2'206 2.102 Supµ No. 31 2996.1 T07 "I CODEINDEX #67 i4 .lirr� Section FRANCHISES—Cont'd. making available and Studios facility, 14-67(d) Fixed color studio, ................. • • • • • "" ' . • * 14-67(c) maintaining Mafatenanca of production studios .. •.... :•: 14-89 14-80(d) rivacy ...-..'•'•••.•.••-. Subscriber P ••-•••"'"" "•'-•••• 14-67(B) Invasion of privacy •.. " .............• '- .... 14-80(s) Subscribers' antennae •••••• ,..... bandwidth opabif • • • • • • • ""•' "• System at network • • • • • • • • - • , , .. 1467(c TecfinicaI requirements for comPlainte • • • • • • ' 1;•H3(i) Telephone ......... Television broadcast signal carriagag ...... „•••,,.....•• 14.71 14.83(h) Termination of lrenehisrnmminB • •""• "' • • .. • • B • 14.90 e and weatfiepr IrancfiIse •••• " " " '•••••••••.••••, Tim r Transfer of 14-86(j) Trees of trees, authority -•"""' • •,,,... Trimming 12-64(e) Trlannuel franchisegaga•" " " " •••••••• 14.67(k) a cbonnetn University meat and service facilities, equip Upgrading of that title • • . • . • 14.1b Electricity. See also of Crnchiso by electors of city • • • • • ""' ........... 14.16 Approval Company acceptsnce or franchise fo ds ages•' bermleas Cor damsHover, or under ••, 14.6 Company toholdcity on Installations 14-11 Company to relsca r required city council ........... as req • 14-17 publicstreets „•••...••,,,,....... Effective date ................ 14.13 Energy ........•••••••.. Conservation Pr°gp1° • • 4 4 4therh • • • • pant••• 14.14 14-7 Purchase from ources°tionloCurnish " " ••••. nn Energy, comp Y e° d regulations divisionrulan Extanefon° and Installationlations .14.6 Compliance with utilities tubo obtained ..............•• 14.12 City approval to be binding upon city and comPsny • . , • • , • • • . 14.1 Franchise ... Granted ..............•;• .. 14.6 Negligence to hold city harmless for damages•••"""" Company Poles, wires, etc. ectetc. ...................... lost , 14.3 14.9 Right of company •••" •, City's right to use. 44. 66'' Private property provide to condemn in order top scrvicol , 14.10 ComPanY s right • . , • • , approval required.. ... ........• 14-4 f company to make ozcavationa, Public wsYa, authority o trim trees on ....... • • • federal, municipal laws; 14.2 Rights of company subject to state, , , • • • • • • „ • . , • , • • • „ rights Of city ........... 8011 Supp. No. 31 #67 i4 .lirr� -I IOWA CITY CODE FRANCHISES—C,,t1d. Service Section Company to impose reasonable terms and conditions..,, 14-8 Company's right to condemn private property; approval required Severability ..... ............ 14-10 Termination of franchise upon*br'e'a'ch'byoompany' 14-18 Remediesof city ................................. Pas franchise 14.12 Acceptance by city ................................. Approval of franchise by electors 1440 of city ... Company's obligation ion to furnish gas :—: ........ 14-39 ....... Damages 14.33 Company to hold city harmless for damages resulting from company's negligence; comparative negligence Effective date 14.31 . . ............... Energy 1441 conservation program ........................ Excavations 14-38 Company's right to excavate streets to lay, repair pipes, etc. .; ... Permit 'ncle'' * ........... —*— ... required';* e'm­e'r'g'es Extensions and installations ..................... 14-.29 14.30 Compliance with utilities division rul6s and regulations Franchise to be binding upon 14.32 company and city Termination for breach by company; remedies ofcity Granted .... 14-37 .... ' Installations in, On','O'v*e'r*or'under 'public 'st'r'eets ---- 14-27 Company to locate and relocate "required by city council Negligence 14-36 Company to hold city harmless for damages.........., Private property 14.31 Company's right towndemn;mbjmttocitymmcllapproval 14-35 Rights granted to company subject to state federal and municipal laws and regulations ........... Rules and regulations ......... 14-28 Company's right to establish Severability .... 14-34 Maps, etc. see heroln, sPeciiie,granis, ... 1442 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Poles, wires, etc. City's right to use company poles, towers, etc....... Rules and regulations 14-16 City's right to approve or disapprove ... ......... 14-14 Company's right to establish ...................... Telephone 14-14 Compliance Supp. No. 31 14-58 3012 CODEINDEX FRANCHISES—Contld. Section Damages arising from company's negligence Company to hold city harmless .................. 14.66 Grade, conformity ............................... 14.64 Grant not exclusive .............................. 14.66 Granted 14.62 Poles and wires, location ......................... 14-69 Police and fire alarms ............................ 14.67 Underground ele4t2le service ........................ Electric service (underground). See that title 83.77etsaq. FUNERALS Reserved spaces for ................................ 29-248 'raffia See that title FURNACES AND BOILERS Mechanical code .................................... Mechanical code. See that title 8-44 at seq. G GAMBLING Alcoholic beverage premise acts prohibited ........... 6.2 i i Supp. No. 31 3012.1 / CODEINDEX HUMAN RIGHTS—ConVd. Section Powers in general .............................. M17 Records to be public, exceptions .................. 18.19 `. Structure, composition .......................... 18.18 Definitions ....................................... 18.1 Discriminatory practices Aiding or abetting violations .................... 18.38 Credit transactions, exceptions ... I ................ 18.34 Employment, exceptions ......... ................ 19-81 Housing, exceptions ............................. 18.32 Investigation of complaints .... I...... I.......... 18-38 Conciliation results ........................... 18-40 Findings and orders ............................ 18.48 Judicial review, enforcement ,—, ......... 18.44 Notice and hearing 18.42 Proceedings upon failure to conciliate .......... 18.41 Results of investigation, action to be taken .... 18.39 Public accommodations, exceptions ............... 18-33 Reports ......................................... 18-37 Retaliation or reprisals ........................... 1848 Purpose of previsions .............................. 18.2 HUNTING Firearms, discharging ......... I..." ............. 24-64 Firearms and weapons. See that tips HYDROPHOBIA Rabies and disease control ......................... 7.47 at seq. Animals and fuwl. See that title I ICE AND SNOW REMOVAL Requirements ........... ......................... 31-120 et seq. Streets and sidewalks. See that title ICE SKATING - Iowa River regulations ............................ 24-78 et seq. Iowa River. See that title ILL FAME, HOUSE OF Nuisance abatement regulations .................... 24-103 at seq, Nuisances, Sea that title' IMPERSONATIONS Impersonating an officer .......................... 24-3 INDECENCY AND OBSCENITY Disorderliness ...:................................ 24-27 at seq. Disorderly persona, conduct and 11ane01. Sao that title Supp. No. 31 8020.1 �1 IOWA CITY CODE INDECENCY AND OBSCENITY—Confd. Section Indecent exposure and conduct ...................... Nuisance Provisions re lewdness, 24114 prostitution, etc. ,. 24.101(7) INDIVIDUALS Person construed re ............................... INDUSTRIAL PROPERTY 1-2 Partial property tax exemption Application for exemption ........................... Application for prior approval 32.135 ........................ Definitions ................................. 32.136 Duel exemptions prohibited ......................... 32.132 32.138 Established ....................... Limitation on amount of exemption ................... 32.131 32.134 Period and amount 0i'mraption ...................... 32.133 Repeal ........................................... 32.137 INDUSTRIAL REVENUE BONDS Financing fee .................................... Isauanca.................................. 2.208 I...... 2.208 INDUSTRdAu WASTES Unlawful discharges .............................. Water and sewers. See that tide 33.18 .. MPANTS. See: Minors INFLAMMABLES -..- Fire Prevention code adopted ...................... Fire prevention code. See that title 12-18 at saq. INFRACTIONS, MUNICIPAL Procedures and penalties ' twilcitations...................................... 1.22 Definitions ............ Violations, penalties and alternative relief ............. 1-20 131 INOCULATION Rabies and disease control ......................... Animals end fowl. See that tide 7.47 et seq. INSPECTION SERVICES. See: Housing and Inspection Services Department INSURANCE Boards and commissions services ................... City Plaza, insurance and indemnification ........... 2-102 0.1-7(e) .. City plaza. See also that title Flood insurance mope, etc. .. I ......................... Flood hazard overlay zones. Seo: Zoning 3"1 at seq. Supp. No. 31 3020.2 . �• ,ty4p Supp, No, 31 CODE INDEX GGL% NtURAt.a,CZ AGE SALES title mGoband simile, t � �D1Il�W+'e$ ... ye t 21-21 Sectio, 3020.3 4007 --i CODEINDEX 1 TRAFFIC—Cont'd. Section Vehicle . 23.1 Defined ......... :................................ Vehicles and Other Vehicles Vehicles. See hereinabove: Motor Violations 23.21 Impoundment..:...........:.•••,•••.••••,••••,,,, 23.20 Owner prima facie responsible for ..................... 23 266 } Parkingpenacs.................................. lti 23.190 Warning devices, control of vehicle ...................... See bereinabove: Size and Weight. Weight limitations. � -.Limitations Wheels. See within this title: Tires and Wheels on Vehicles White canes for blind person .......................... 23.221 k Pedestrians. See within this title that subject j Workmen on highways 23218 Driver regarding .................................. H: Wrecks. See hereinabove: Accidents 23162 • ij Yellow lines, crossing ................................ Yield signs. See hereinabove: Steps Signs and Yield Signs ?� k TRAILERS Manufactured housing parks .......................... 22d et seq. Manufactured housing parks. See thnt title TRANSIT SYSTEMS+ 2-166 Public works department divisions ...................... TRASH. See: Garbage and Trash i t TREES AND SHRUBBERY ' 7-20(c) Animals tied,staked,tethered, hobbled, etc ............... • Animals and fowl. See that title 9.9 Cemetery plants, injury to ............................. 1649 Disposal pflimbaand brush ............................ Gaibago and trash. Sea that title,. s Electricity Rightofcompany to trim trees ........................ 26.1 (i14-0 Prohibited activities in parks, etc ....................... i p Parks and recreation. See that title 17.7td) Rental housing, landscaping with grass, trees, shrubs, etc.... Housing. See thnt title 34.16 of seq. Tree and forestry regulations ...............••••••••••• .. Forestry. Seo that title 36.1 el seq. ' Zoning requirements ................................. ((j Zoning. See that title t TRENCHES 31.35 Pipo laying ......................................... _ Excavations. See that title L Supp!i;c:31 3069 _I IOWA CITY CODE 33.77 at seq. . Generally .......................................• Electric service (underground). See that title Section TRESPASS....... 24.27 at seq. Disorderliness ...................... ..... and houses. See that title Disorderly persons, conduct &18 et sage TRUCKS 1633 Litter, causing ...................................... TRUST 1.2 Person construed re ................ I................. . , TRUSTEE'S SALES2131 and similar sales ..............,,,. at seq. Goingout•or-busineas Going•ou4oFbusinese and similar sales. See that title TUNNELS 21.2 Excavations. See that title TWELFTH DAY OF FEBRUARY 1.2 Computation of time re ............................ • • • U UNDERBRUSH. See: Weeds and Brush UNDERGROUND ELECTRIC SERVICE 33.77 at seq. . Generally .......................................• Electric service (underground). See that title UNDERGROUND TELEPHONE SERVICE 33.97 at seq. Generally ......... ... ................... : .......... Telephone service (underground). See that title UNIFORM BUILDING CODE &18 et sage Adopted ........ ........................ Building code. See that title , UNIFORM FIRE CODE 12.18 et seq. Adopted ......................................... ,Fire prevention code. Seo that title . , CODE. See: Plumbing Code UNIFORM PLUMBING UNLAWFUL ASSEMBLIES 21.2 A........................... Engaging in ... gene.. .. Asseemblies In general. See: Assemblies UNSAFE BUILDINGS 8.1 at seq. • Urban renewal, generally ...................:...... ... Dangerous buildings. Seo that title URBAN RENEWAL •, B•3(e) Authorixetion..................................... 11.16 at seq. Building code ..... .. ......................... Building code. See that title Ml(b) Exceptions to building regulation,......... Supp, No, 31 3070 \ *07 CODEINDEX URINATION Indecent exposure and conduct provisions............ UTIIATIES Connections, . Generally ........................................ Electricalfranchise ................................. . Franchises. See that title Electrical wiring installations ......................... Electricity. Sao that title XM,ntlon requirements .......................... Exicavations. See that title Franchises.......................... ....... 16 Franchises. See that title Cee franchise ................... Pranchiess, S" that title 110M moving regulation .......... House woven. Sea that title Manufactured homing perks Utilities ......................................... Ordinance, saved from "Put, Otisavor YrOTWOU not included herein. live the Pnihaboary ism and the adopting ordinance of this coda Power and conarsunl6atiffit utilliff" Same trench to be used When Practical ............ Public utilities regulation Condition of street occupancy ........................ Construction and repair ............. Definitions ................... Electrical transmission systems Extension or expansion ........................... Council approval required ...... ................ Standard, and criteria for review for ic�:Otfim .......... Excavations and true trimming ....................... Extension Or aspersion Of utility systems ................ Major repair work and installation of now systems ....... MapsandprojecLe, .................................. Now electrical utility transmission system Installation of ................................... Council approval required ...... Standards andcriterla for finatallatim,: Powers orcitY ..................................... Public utility company contractors .................... Purpose..................... ** .................... Reporting requirement I ............................ Title ............................................ Underground service required ......................• Districts established ............ ................. Regulations .......................... I ....... Rupp. No. 31 3070.1 Section 24-114(c) 33.1 14.1 at seq. 8.101 at seq. SI -Sl ataeq. 14.1 et seal. 1427 at teal. 8-59 at seq. 22-36 83-2 33-186 33-177 33-173 33.179 33.181 33.180 33-178 33-176 33.176 33-175 33.179 33-181 33.180 33-187 33-185 33.172 33.174 33.171 33-182 33.183 33-184 07 IOWA CITY CODE UTILITIES—Cont'd, Section Violations, penalties ................................ 33.188 Regulation, public utilities See within this title: Public Utilities Regulation Sewell ............................................. Water and sewers. Sea that title M16 at seg. Subdivision regulations ............. ... ........... 88.1 et eq. Subdivisions. See that title Telephone franchises .................. I.............. 11-82 ataeq. Franchises. ase that title Shea and shrubbery, work affecting .................. 81.67 Forestry. See that title Underground electric service ....................... 88-77eteeq. Electric service (andergromdl. See that tMe Supp; No. 31 3070.2 to CODEINDEX f ZONING—Cont'd. Section Office zones C0.1—Commercial ofTa zone. Ilse within this title that subject ORP—Office and research park zone. Seo within this title that subject OFF—Floodplain overlay zone Established ....................................:.: 3631(¢) • Flood hemrd overlay sones. Sea within this title that subject Requirements.....' ...................... I,....... 9688@) ;. Uses permitted .......... :..... :. ...... 9&99W OFW—Floodway overlay zone Established .......................... :........... 38.81(8) Flood heard overlay zones, See within this title that subject Requirements ..... :........... ... — ......:...... W44(d) Uses and structures prohibited ..... . ................. 3631(c) Uses permitted...................................I 3&91(a) ' Usespermittedbyspecialesception .::................ 868116) OHP—Historic preservation overlay zone Description ............ :........... I.............. 38-53(b) Procedures fordesignetion orzones ....... . .......... . . 3681 Purpose.. .. .. •• SMB) OPD•H•Planned development housing overlay zone Generally .......... I ... III ,..... I ................ 3647 .� Regulations ...................... I............... 3648 Open storage, performance requirements ................ 8676 ORC—River corridor overlay zone Boundaries .................... ................... 3644(s) Definitions : ................. :.................... 38{8 Establishment .............. :.................. ... 3Wd) Findings ..................... I................:.. 984Qa) General requirements ........................:..... 8810(b) Intent ................ ::......................... 36//(c) Permitted uses .............."I ................... 3848(x) Purpose ...... :................................... 3044(6) Site plan requirements .. . ... . ......... • .. • • . • ...... provisions ................................. "(1)Special Ornementsl features, permitted pbetru5tlonein yard ....... 0610 ORP—Oates and research park erne Dimensional requirements' . . ... . .................... 3626(e) Flooraroaratio, mutmum building bulk ............... . 3626(s) General provisions................................I 8&20(0 Height, maximum pullding bulk ., • • • • • • • •. • • •.. •..... 3626(s) Intent ........................................... 8620(a) Lot eras, dimensional requirements ................... 36-26(e) Lot coverage, makimum building hulk ....•..••....... 36.26(x) Permitted accessary uses and buildings „.............. 88.68 I Supp. No. 31 3087 Ons ,t i`�, �O 7 {� t5.ly+IgW IOWA CITY CODE ZONING—Cont'd. Permitteduses .................................... Provisional uses ................................... Special exceptions ................................. Specialprovisions .:............................... Yards, dimensional requirements ..................... Overlay zones Float hazard overlay zona .......................... Historic preservation overlay zona .................... Planned developmenthatsiegavertsy (OPD-H)zcne ...... Rivercorridoroverlay(ORG)wns..................... P—Public zone Dimensional requirements .......................... General provisions .........:....................... Intent ...................................... Permitted uses ....................:............... :. Provisional uses ................................... Special ezceptioas ........... I ..................... Special provisions ................................. Parking OR -street parking requirements ...................... Particilate matter Performance requirements .......................... Performance requirements . Generally ........................................ Glare ............................................ Odor ................................... :........ .:Particulate matter, requirements ..................... Requirements ..................................... :u Screening ........................................ ;::Sewage wastes .................................... ,,:Smokc,requirements ............................... ,: Storage .......................................... i;. Toxic matter ...................................... tr Vibration ........................................ Permits i..Fencepermits ........... I ......................... Signe, See within this title that subject Permitted uses .. Zones, permitted uses for. Sea within this title various zones as indexed , Pot animals, requirements ............................ Supp. No. 31 3088 p u � Section 36-25(b) 36.25(c) 36.25(d) 36.25(e) 36.25(e) 36.31 at seq. 36.63 at seq, 3647 3644 et soil. 36-=e) 36.30(0 3630(a) 36.30(b) 3630(c) 36-=d) 3630(g) 36.58 36.76 36-75 3646 36.76 36-76 36.76 36.76 36.76 36.76 36.76 36.76 36.76 36.65(d) PBd6 -.I RESOLUTION NO. 87 -SS RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER IMPROVEMENTS FOR SOUTHWEST ESTATES SUBDIVISION,PART 2, LOTS 6 THROUGH 13 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Storm sewer improvements for Southwest Estates Subdivision, Part 2, Lots 6 through 13,as constructed by Jeffrey L. Maxwell Construction Co. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, i NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Dickson I' that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco _ X Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 7th day of April 1987 . h1A ohod Approved I I p1 onrlmeal - /P ATTEST: ht_.'•—_� -� �a� 7 �/ CITY CLERK T�O _-T W1 i RESOLUTION NO. 87 -SS RESOLUTION ACCEPTING THE WORK FOR THE SEWER IMPROVEMENTS FOR SOUTHWEST ESTATES SUBDIVISION, PART 2, LOTSR6 THROUGH 13 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Storm sewer improvements for Southwest Estates Subdivision Part 2, Lots 6 through 13, as constructed by Jeffrey L. Maxwell Construction Co. of Iowa City, Iowa. f AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. I It was moved by' Strait and seconded by Dickson ithat the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 7th day of April 19 87 . s � MA j d Pepnroqv:nal ATTEST:}� ITY K AL"' m CITY OF CIVIC CENTER 410 E. WASHINGTON ST. March 31, 1987 OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Storm sewer improvements for Southwest Estates Subdivision Part 2, Lots 6 through 13, as constructed by Jeffrey L. Maxwell Construction Co. of Iowa City, Iowa. I hereby recommend that the above-mentioned improvements be accepted by the City of Iowa City. Rezfully submitted, Frank K. Farmer, P.E. City Engineer FKF/mk -I RESOLUTION NO. 87-56 RESOLUTION AFFIRMING All EMPLOYEE SUSPENSION WHEREAS, by authorityof Chapter 400.19 of the Code of Iowa and after consideration of the facts, the City Manager has determined that certain disciplinary action is appropriate; and WHEREAS, based on said determination, disciplinary action has been taken; and WHEREAS, the City Manager has reported to the City Council the reasons for such action by the Manager; and WHEREAS, Chapter 400.19 of the Code of Iowa further requin by the City Council to affirm or revoke such disciplinary measures take Manager. y the City NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the disciplinary action taken by the City Manager with regard to the suspension of employee #52610 as indicated in the attached report to the City Council be, and the same is hereb It was moved b y affirmed. the Resolution be a otrit and seconded b P an upon roll call there were Hickson AYES: NAYS: ABSENT: X AMBRISCO X X BAKER X COURTNEY X DICKSON X MCDONALD Y STRAIT Passed and approv2UBER ed this 7th day of April 19�87.� ATTEST: CIT i CLERK ollfe. foe TO OF DISCIPLINARYCACTIONHTAKENYBYOTHE ICITY MANAGER _1 NAME AND TITLE: Employee #52610, Maintenance Worker I - Refuse TYPE OF DISCIPLINE: Suspension REASON FOR DISCIPLINE: Tardiness On January 14, 1987, employee #52610 was given an oral warning for tardi- ness; on February 23, 1987, Employee #52610 was given a written warning for tardiness. In each instance the employee was advised that further instances would result in more severe discipline. On March 12, 1987, employee #52610 did not call in until 3-3/4 hours after the beginning of the work day. As a result, the employee was suspended without pay for one day. When affirmed by the Council, non -probationary employees have the right of appeal to the Civil Service Commission where a full hearing may be held. M RESOLUTION NO. 87-57 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PLAZA MINI -PARK PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, E and estimate of cost for the construction of the above-named project is to be held on the 21ST day of APRIL_, 1987 , at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Strait and seconded by Dickson that the resolution as read be a opte , an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco _ X_ Baker R Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 7th day of April , 1987 . ATTEST: CITY C RK o 11 dlpprovoo a! I euarlmont S% C RESOLUTION NO. 87.58 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF SOUTHSIOE ADDITION, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, B&S Properties, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of Southside Addition subdivision, a subdivision of Iowa City in Johnson County, Iowa, which is legally described as follows: Commencing at the Northeast corner of the Southeast Quarter of Sec- tion 16, Township 79 North, Range 6 West of the 5th Principal Merid- ian, Iowa City, Johnson County, Iowa; Thence South 696.5 feet along the centerline of the pavement of Highway 6 and 218 to its intersec- tion with the centerline of the Old pavement of Highway 1 (Old High- way station 0+00) a point 2.2 feet West of the East line of Section 16; Thence S 87050' W, 1,658.3 feet, said point being the centerline Wf the Did 621.30 feet; eThence nt of H�S h74�52' Wl,e 34.36 8.36feet- Thencee S 74028' W, 125.17 feet o o the Point of Beginning; Thence S 0050' W, 285.95 feet. Thence N 890041 W, 100.00 feet; Thence N 0050' E, 98.01 feet; Thence N 890401 W, 100.00 feet; Thence N 0050' E 129.90 feet; Thence N 74028' E, 208.45 feet to the Point of Beginning. Said tract contain- ing 0.95 acres more or less and subject to easement and restrictions of record. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary and final plats of said subdi- vision and have recommended approval of same; and WHEREAS, the preliminary and final plats of said subdivision have been exam- ined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that they be accepted and approved; and WHEREAS, the preliminary and final plats are found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the preliminary and final plats of Southside Addition, a subdivision of the City of Iowa City, are hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating to said subdivision and to certify the approval of this Resolution, which shall be affixed to the preliminary and final plats after passage and approval by law; and the owner/subdivider shall record legal documents and the plat at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. 441 W. Resolution No. 87-58 Page 2 It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney R Dickson g McDonald g Strait g Zuber Passed and approved this 7th day of Aoril 1987. A& ATTEST: }h I LERK Pecolved % Approved 9y The Iega) paparimmd 443 I +4 To: Planning & Zoning Commission Item: 5-8705, Southside Addition, Preliminary and Final Plat GENERAL INFORMATION Applicant: Requested action: Location: Size: Comprehensive Pian: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: 60 -day limitation period: SPECIAL INFORMATION Public utilities: STAFF REPORT Prepared by: Melody Rockwell Date: March 5, 1987 B&S Properties P•O. Box 2746 Iowa City, Iowa 52244 Preliminary and proval, final plat ap- MOn south side of Highway 1 illeri en e 1,400 feet west of Avenue, ' 0.96 acres General Commercial, Commercial and CI -1, North - Commercial and CC -2 East - Commercial and CI -1 South - Public (Iowa City Airport and P) West - Commercial and P, CI -1 Subdivision Regulations, Ordinance, Zoning April 3, 1987 April 20, 1987 Public services: ices a pal isewer and ces are available water serv- Police and fire protect available, Sanitation lon would are be hauler,Provided by a services Private :� 2 Transportation: Physical characteristics: ANALYSIS Vehicular access is available via Highway 1. The topography is relatively flat. The applicant has requested approval of a preliminary and final subdivi- sion, splitting 0.96 acres into three lots. This application was submit- ted for preliminary and final plat consideration in 1983, and approved by the Planning and Zoning Commission on June 16, 1983, contingent upon "approval of legal papers and the resolution of the need for consent of encumbrance holders to the subdivision." No further action was taken by the applicant prior to the resubmission of the plat request on February 17, 1987. The area labeled "not in subdivision" resulted from a one lot split which occurred without provision for frontage on a public street. Although that tract is not included in this proposal, an access easement for that land does traverse a portion of Lot 1 and Lot 3. Stormwater management provi- sions do not apply to this subdivision of less than one acre. The preliminary and final plat requirements are substantially met except that the location and width of existing buildings and the distance of the buildings from the lot lines need to be clearly indicated. The prelimi- nary plat, however, does indicate that the distance between the building i' on Lot 3 and the south lot line is 1.37 feet. This violates the Zoning Ordinance provision 36-67(h): "In all zones, if a side or rear yard is provided where not required, the side or rear yard shall be at least five (5) feet wide." Staff recommends that the lot line be adjusted to bring the plat into compliance with the Zoning Ordinance prior to the subdivi- sion of the property. Two technical requirements need to be addressed. The five foot contour lines on the preliminary plat should be labeled. The location, type, material and size of all markers should be noted on the final plat. STAFF RECOMMENDATION Staff recommends deferral of this item. Upon resolution of the deficien- cies and discrepancies listed below, staff would recommend plat approval. DEFICIENCIES AND DISCREPANCIES A. Preliminary Plat. 1. Contours at five (5) feet intervals, or less, should be labeled. 2. The location of existing buildings and distance of the buildings from the property lines should be clearly shown. 3. The south property line of Lot 3 should be adjusted to allow either zero (0) feet or five (5) feet or more between the building and the lot line. 3 D• Final Plat. 1. Location, type, material and size of all markers should be shown. 2. The south property line of Lot 3 should be adjusted to allow either zero (0) feet or five (5) feet or more between the building and the lot line. ATTACHMENTS 1. Location map. 2. Copies of the preliminary and final plat of Southside Addition. U Approved by; 1i D nald S hmeiser, Director Department of Planning and Program Development J1 AM r I r 1 i �i i, i� r t 5 r I 1 i i MIeMr 1 RESOLUTION] N0. 87-59 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARKING RAMP "A" MAINTENANCE AND REPAIRS DonArrT ESTABLISHING A1'IOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 5% of the bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 28th day of April , 19 87. Thereafter, the bids wibe opene by the City Engineer or Fis designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 5th day of May 19 87, — i i It was moved by McDonald and seconded by Dickson that the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco _ X Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 7th day of 19 87, //April h1AY0R ATTEST:]n; k'. lvc Arrnvvc �tis, CITY CLERK C)ata? ri�noe:l q c, RESOLUTION NO. 87.60 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE JOINT CITY/SCHOOL DISTRICT INDOOR SWIMMING POOL FACILITY AT MERCER PARK, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, the City Council of the City of tors of the Iowa City CoIowa City and the Board of Direc- p mmunity School District have entered into a Chap- ter 28E Agreement Providing for the Development, Ownership, Lease, Management and Operation of a Joint Swimming Pool Facility at Mercer Park; and E WHEREAS, said Agreement provides that the City will undertake to procure the design and construction of said facility; and WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the con- struction of the above named project shall be in the amount of 5% of the bid payable to Treasurer, City of Iowa City, Iowa. ( 3. That the Cit notice for the b receipt of bids Clerk s forathe oconstruction directed notice above-named project in a newspaper published at least o to ublish general circulation in the city not lnce weekly and having a ess than four (4) nor more than s twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the Cit of Iowa City, Iowa, at the Office of the Cit Clerk, at the Civic yCenter, until 2:00 P,M, on the 16th day of April, 1987. Thereafter the bids wi a open Cl his designee, and thereupon referred to the ouncilC f the Engineer Clerk of Iowa City, Iowa, for action upon said bids at its next meet- ing to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 21st day of April, 1987. i #AP ,.n Resolution No. 87-60 Page 2 It was moved by McDonald nde the Resolution be a opte , an upon rolldcallotherebwere: Courtney AYES: NAYS: ABSENT: X AMBRISCO X X BAKER R COURTNEY X DICKSON X MCDONALD r STRAIT ZUBER Passed and approved this 7th day of q— 1987. M 0 ATTEST: "' * ) �( CITY C ERK - 4 �*p W. II, RESOLUTION NO. 87-61 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE NINTH RENEWAL OF A 28E AGREEMENT BETWEEN I014A CITY AND JOHNSON COUNTY FOR TRANSIT SERVICES. WHEREAS, the City Council of the City of Iowa City has deemed it necessary and desirable to provide its residents with a special elderly and handi- capped transportation system; and WHEREAS, the City Council of the City of Iowa City has deemed it necessary to amend the ninth renewal of the 28E Agreement for special elderly and handicapped transportation services between the City of Iowa City and Johnson County. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY OF IOWA CITY, IOWA, AND JOHNSON COUNTY, IOWA, as follows: 1. That the ninth renewal of the 28E Agreement for transit services between the City of Iowa City and Johnson County remains in effect with the fallowing modification: on line 6 of Part 4, 182,000" shall be changed to"$95,000.11 2. In all other respects the original agreement, as amended, between the parties remains in full force and effect. 3. That the City Clerk is directed to file said renewal agreement with the Secretary of State and the Johnson County Recorder as required by Chapter 28E, Code of Iowa. It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER —� COURTNEY X DICKSON - X MCDONALD —X STRAIT ZUBER Passed and approved this 7th day of Anri1 1987. �YOR ATTEST: C48 CLI 1^ ERK Ivor' APY:ove:: pi ?3o(>tnmurs '7 ■ ELATYR BA-XTER SEwaisr.Vzy 01` STATH tiP1EYOF / , 1° :ti; tir Py 0/ SRORRTALtY OIC` STAmE S•rxn-'uouvm sr.erw or 1ONV.% Dms ?fom a:. 60310 April 24, 1987 515-381-5864 Marian K. Karr, CMC City Clerk for Iowa City Civic Center, 410 E. Washington St. Iowa City, Iowa 52240 RE: Agreement between the City of Iowa City and Johnson County for amending the agreement for Transit Services. Dear Ms. Karr: . We have received the above described agreement, which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1987 Code of Iowa. You may consider the same filed as of April 23, 1987. i Co dia C ly, ine Baxter Secretary of State EB/kl 4t 7 _.I RESOLUTION NO. 87-62 RESOLUTION ACCEPTING QUIT CLAIM DEED TO A SMALL PARCEL OF REAL ESTATE AT THE CORNER OF LOWER MUSCATINE ROAD AND FIRST AVENUE FOR PUBLIC RIGHT-OF-WAY. WHEREAS, Smith -Moreland Properties recently obtained approval of a Large Scale Non -Residential Development Plan for a new Deli -Mart at First Avenue and Lower Muscatine Road; and WHEREAS, sidewalks are required in conjunction with that Plan, but the public right-of-way is not wide enough to accommodate all of those walks; and WHEREAS, Smith -Moreland Properties has offered to convey the needed prop- erty to the City, and has tendered a Quit Claim Deed to accomplish that conveyance. (A copy of that Deed is attached hereto.) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The City hereby accepts the Quit Claim Deed, dated March 3, 1987, conveying the 62.77 square foot parcel of land to the City. 2. The City Clerk is hereby authorized and directed to record the deed in the Office of•the Johnson County Recorder. It was moved by McDonald and seconded by Courtney the Resolu- tion be adopted,an ups on roTT call there were: AYES: NAYS: ABSENT: g AMBRISCO X BAKER COURTNEY x DICKSON x_ MCDONALD STRAIT ZUBER Passed and approved this 7th day of April 1987. M ATTEST: I�! ,i1 . ) CI CLERK Rew nd A Approved By The LoJal C•anarhnwd if 3 r� 441 QUIT CLAIM DEED knob) 211 lVen by Xbrsf 4hisents• Thal Smith -Moreland Properties, an lava In aamlda,omn of he mm of In hand paid do hereby Quit Claim unto City of Iowa City, Iowa Grantui Add....: an our right, title. interest estate. claim and demand In the Following ducdbed reel estate t;fueled in Johnson County. Iowa, tmwit: Commencing at the Northwesterly Corner of Lot 11, on the Northeasterly Right -of -Way Line of Lower Muscatine Road, Rapist of Part of Lot 2, Ohls Subdivision, Iowa City, Iowa, as Recorded in Plat Book 15, at Page 71, of the Records of the Johnson County Recorder's Office; Thence N42e02'40"W, along said Northeasterly Right -o£ -Nay Line, 67.57 feet to the Point of Beginning; Thence continuing .442602140"W, along said Northeasterly Right -of -Way Line, 19.88 feet, to the Intersection with the Southerly Right -of -Nay Line of First Avenue; Thence Northeasterly, 10.38 Feet, along said Southerly Right -of -Way Line, on a 724.00 foot radius curve, concave Southeasterly, .hose 10.38 foot chord bears N53°11'40"E; Thence Southeasterly 22.49 feet along a 22.50 foot radius curve, concave Northeasterly, whose 21.57 foot chord bears $13°24'34"E to the Point of Beginning. Said tract containing 62.77 square feet, more or lees, and subject to easements and restrlctfans of Record. Exempt from Declaration of Value requirement under Iowa Code Section 428A.2(6). Etch of the undenigaed hereby 1-1hu uishel all ngh'a of dower, homedaad end d'otributive share in and to the abws detcdbed premises. Wed, ..d'M—' .dwlta .d•a�� I-1 hoed, A.11 b 1.111—d ., i. rt. r.0ubr ar pl—1 eumb,..d a m....Vr.. • I.mie.. a .-I., e.Nee ...wiles re the amren. SMITH-MORELAND PROPERTIES, an lava General Partnership Well _ so_ _ NW Hatch 3 q 87 o.,•d March 3 io 87 Israee l•,'. Addnul By:l,� � iMf1W—Y J n W. Horeland, Jr., Cenral Partner �JharotJd, MdnN Kenneth R. Smith, General Partner 10.nfee. Add nnl tam bit Add,•s•1 STATE OF IOWA, COUNTY OF Johnson n: On thisy_l day of _Horth A. D. Ig_87 before me, the und.nigned, a Nolary Public in end forbid County and State. Fenonally .,,sand John W. Marelnd. Jr., and Kenneth R. Smith M. -1,111 Water ,oaf to me hewn to be the identical Fano s named In and who eieculad the Foregoing mdrument. and ec6ode ged that they ...aided a uma et their volunlery ad and dead'-,? %U ri tat Oam CLN aeae 440P _rt Z. I 0 PIN. .N.': of .00 OF 0 RESOLUTION NO. 87-63 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE ELDERLY SERVICES AGENCY TO ADMINI- STER A HOUSING REPAIR PROGRAM FOR ELDERLY, DISABLED, AND HANDI- CAPPED PERSONS. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974 as amended (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to assist elderly, disabled and handicapped residents of Iowa City with minor structural repairs and modifications to their homes in order to enhance their ability to remain independent and stay in their homes; and WHEREAS, the City of Iowa City wishes to contract with the Elderly Serv- ices Agency (ESA), an Iowa not-for-profit corporation, to administer a housing repair program for elderly, disabled, and handicapped persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor to be authorized to sign and the City Clerk to attest the attached agreement with the Elderly Services Agency to admini- ster a housing repair program for elderly, disabled, and handicapped persons. It was moved by Dickson and seconded by Strnit the Resolu- tion be adopted, an upon ro call there were: AYES: NAYS: ABSENT: X AMBRISCO —_ X BAKER X COURTNEY X —_ DICKSON X MCDONALD X STRAIT X ZUBER Passed and approved this 7th day of Anril , 1987. ATTEST: LITS CL RK pAcohtd B Approvod By Tho Legal Department 0 8 O9 __7 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ELDERLY SERVICES AGENCY FOR THE USE OF 1987 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE HOUSING REPAIR PROGRAM FOR ELDERLY, DISABLED, AND HANDICAPPED PERSONS This Agreement, entered into on this 7th day of A r -I between the City of Iowa City, a municipa corporation erein referred as the "CITY"), and the Elderl Y and tion (herein referred to as "ESA"). Agency, an Iowa not-for-profit corpora - WHEREAS, the City is the recipient of Community Development Block Grant (hereng and in the to as "CDBG") fundserein , granted by the U.S. Department of the sHou using Uand nComnunity Devnt ehlopmenteferrof to a HUD"), under r ublTitle ILof 93-383); andAct aw WHEREAS, the City wishes to assist elderly, disabled and handicapped resi- dents of Iowa City with minor structural repairs and modifications to their homes in order to enhance their ability to remain independent and stay in their homes. NOW, THEREFORE, the parties hereto agree to the following in performance of this Agreement: 1.1. PURPOSE AND SCOPE OF SERVICE A. ESA agrees to assist elderly, disabled and handicapped residents of Iowa City with necessary minor structural repairs and modifi- cations to their homes that will allow them to remain in their homes (the "project"). B. ESA agrees to develop and implement a housing repair program for elderly, disabled and handicapped residents that is substantially consistent with the Housing Repair Program Manual provided by the City which is attached hereto and incorporatedherein as Exhibit A. Any substantial deviation from said manual shall be reviewed and approved in advance, in writing, by the City. C. ESA agrees to hire a qualified construction consultant who is responsible for advising ESA on the repair work requested and for inspecting the completed project. �. ESA agrees to perform the administrative functions, other than the construction consultant activities outliabove said manual, at its own expense. ned in the #49 1.2. TIME OF PERFORMANCE AND FUNDING A. This Agreement shall commence upon execution by the parties and shall terminate on December 31, 1987. In consideration for the services to be provided hereunder, the City shall pay and ESA agrees to accept no more than eight thousand dollars (;8,000) for performance under this Agreement. B. Partial payment shall be made invoices, service agreements waivers for structural repairs satisfaction of ESA and City. once a month upon presentation of and contractor/ subcontractor lien and modifications completed to the C. Monthly reports detailing each projects progress for the previous month shall be submitted to the City by ESA by the 5th day of the month. Statements of billing shall be due by the 5th day of the month and reimbursement shall be made to ESA by the 25th day of the month for City -approved expenditures incurred during the previous month. 1.3. GENERAL ADMINISTRATION A. Required reports. I. ESA shall be responsible for the administration of the Hous- ing Modifications Program. All expenditures under the pro- gram shall conform to the OMB Circular A-122, Cost Principles for Non-profit Organizations and Attachment 0, Procurement Standards, of OMB Circular A-110. The City has provided ESA with copies of said OMB Circulars, and ESA hereby acknowl- edges receipt of said Circulars, :. Not later than January 31, 1988, ESA shall provide the City with a certified statement of expenditure of funds dispersed under this agreement. B. Other reports and audits and inspections. 1. ESA shall furnish the City or HUD with such statements, re- cords, data and information as the City or HUD may reasonably request pertaining to this agreement within the time requested. 2. At any time during normal business hours, there shall be made available to the City, HUD and/or the Comptroller General of the United States or their duly authorized representatives, all of ESA's records with respect to this agreement, in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to matters covered by this agreement. 3. ESA shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this agreement for a period of three years from the termination of this agreement. #49 J 1.4. TERMS AND CONDITIONS: This agreement shall be subject to the following terms and condi- tions, to wit: A. The City will assume no responsibility for the service contrac- tor's operations under the Housing Repair Program. B. ESA shall, at its own expense, procure and maintain during the period of this Agreement, all risk property damage and liability insurance to be effective as of the start of the project. Lia- bility coverage shall not be less than $100,000 for bodily injury per person, $300,000 for personal bodily injury or death per occurrence, and not less than $25,000 for property damage. Proof of insurance shall be shown to the City by furnishing a copy of a duly authorized and executed policy issued by an insurance com- pany licensed to do business in the state ofIowa, together with a receipt showing payment in full of the premium. C. Equal employment opportunity. ESA shall not permit any of the following practices by a contrac- tor, client or ESA employee: Discharge from employment, refuse to hire, or discriminate against any individuals in terms, condi- tions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. D. Non-discrimination in services. ESA shall not deny to any person services under this agreement on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation or disability. All project beneficiaries must, however, be elderly and/or disabled/handi- capped. E. Termination. This agreement may be terminated upon 30 -day written notice by either party. F. Interest of ESA. ESA covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in a manner or degree with the performance of services under this agreement. ESA further covenants that in the performance of this agreement, no person having such an interest shall be employed by ESA. #49 4 G. Interest of certain other officials. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval and carrying out of the interest, direct orindirect, which his in,in Agreementepertains have any private H. Assignability. ESA shall not assign or transfer any interest in this agreement, whether by assignment or novation, without the prior written approval of the City. I. Hold harmless provision. ESA shall defend, indemnify and hold harmless the City, its offi- cers, employees and agents from all liabilities, losses, costs, damages, expenses (including reasonable attorney's fees and court costs), or actions resulting from acts of persons employed by or in the Housing Repair Program, or resulting from or incurred by reason of any actions based upon the performance of this agree- ment. J. Limitations of City Liability - Disclaimer of Relationships. The tion COfor yhall not be liable failoAParty, urre to completeanyimprovementswhich are partlof the project. Nothing contained in this Agreement, nor any act or omission of the City, ESA or any employer, agent of the parties, construed shall be deemed or by any of the parties, or by any Chard principal persons, to create any relationship of third -party benefi- joint,hip, or venture, or of any nd tassociateionoorionshipgrelatene lPartneinvolving the City. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date above -stated. CITY OF IOWA CITY iiam J. Am rsco, Mayor , Attest: it�a,;,�„� -k. Cy Clerk Racolved & Approved 01 The legal De rtment .3/31 ELDERLY SERVICES AGENCY By z4nt 4/4, Attest_�__� #49 __T IM i N O U S I N G R E P A I R P R O G R A M m, the <i�rq and one lam;czwm ELDERLY SERVICES AGENCY n 4469 PROGRAM MANUAL FOR THE HOUSING REPAIR GRANT FOR ELDERLY AND HANDICAPPED PERSONS Elderly Services Agency Prepared by: Department of Planning & Program Development City of Iowa City March, 1987 Recelvod & Approved By The LegalepartmaM S3,97 j TABLE OF CONTENTS CHAPTER 1 DEFINITIONS CHAPTER 2 PROJECT FINANCE AND ELIGIBLE PROJECT COSTS CHAPTER 3 ELIGIBILITY REQUIREMENTS AND GRANT LIMITATIONS CHAPTER 4 PROCESSING AND SUBMISSION PROCEDURES FOR A REPAIR GRANT APPENDIX Elderly Services Agency Chore Services Intake CDBG Housing Repair Program Bid Sheet Hold Harmless Agreement Service Agreement - Housing Repairs Program W a HOUSING REPAIR PROGRAM FOR ELDERLY AND HANDICAPPED PERSONS Purpose and Legal Authority This manual serves as a technical guide to the City of Iowa City's Housing Repair Program for Elderly and Hand icapped/Frail Persons. The purpose of the repair program is to assist lower income elderly and handica ed minor structural repairs and modifications to their homes to help independent and avoid premature placement in nursing homes. This program with authorized by the City Council utilizing Title I assistance under the hCommun remain Development Act of 1974 (as amended). The City of Iowa City has executed a funding agreement with the Elderly Services Agency (ESA) to administer the program. This agreement must be approved and renewed annually by the City Council through the Community Development Block Grant (CDBG) funding process. The ESA is a community based organization funded jointly by the Heritage Area and Agency on Aging, Johnson Countyutions , the City of Iowa City, Coralville, United Way, placediintenstitutions inappropriatelyion is to by assistingpthemewithpsupportrservices in the home. These services include Chore and Respite Services; the Outreach and Advocacy Program; the Information and Referral Program and the Shared Housing Program. Additionally,ESA provides energy assistance and weather- zation through HACAP and the housing repair program. i This manual provides program definitions, eligibility requirements, administra- tive structure and procedures, case processing, and limitations on assistance for the housing repair program. 4(49 _I 2 Chapter 1. Definitions DEFINITIONS. Following are definitions of various terms as used with respect To rehabilitation and repair activities. ACTIVITIES OF DAILY LIVING - Functional activities critical to living independ- ent y suc as eating, at ing, dressing, grooming and toileting (as well as the ability to leave the house). ASSESSMENT - A survey instrument which analyzes the five areas of human func- tioning including social and etonamic resources, mental health status, physical health status, the activities of daily living and community service assistance. CHORE COORDINATOR - Employee of the Elderly Services Agency who interviews the makes arrangements with contractors to perform the necessary modapp scans anifications. CHORE SERVICES - Services chore workers provide include, but are not limited o, yar wor such as mowing lawns, raking leaves and shoveling walks); window And door maintenance (such as hanging screen windows and doors, replacing window panes and washing windows); and minor repairs to walls, floors, stairs, attics gorabasementss m veyfuriniialso do ture, wash heavwails, providedifferent kinds which includes of floor care, painting and trash removal. CODE STANDARDS N� - Chapter 17, the Municipal Code of Iowa City, Iowa. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - A Federal grant program authorized under Tit e I o t e Housing an Conmunity Development Act of 1974 as amended. The Iowa City Council establishes program and budget allocations within federal guidelines. CONSTRUCTION CONSULTANT - Part-time ESA staff person, experienced in the con- s ruc ion ra e, w o nspects the work order, advises ESA on the nature of the work, reviews bids from contractors and inspects the completed project. DIRECTOR - The Director of the Department of Planning and Program Development. DISABLED - For the purpose of this manual, a person shall be considered dis- c w en that person has a mobility impairment or handicap and/or receives social security disability compensation from other public assistance organiza- tions. DWELLING UNIT - Dwelling unit shall mean any habitable room or group of adjoin- ing habitab a rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking and eating meals. ELDERLY For the purposes of this program it shall mean any one or more of the property , s title holders who are sixty-two (62) years of age or older. ELDERLY SERVICES AGENCY - Agency administering the repair grant. 3 ELDERLY SERVICES AGENCY DIRECTOR - Overseer of the work done through the Eld- er y Services Agency. EMERGENCY REPAIR - Repair of a violation of housing standards that creates a rea o e ealth and safety of the occupant. FAMILY - Family shall mean one person or two (2) or more persons related by 00 , marriage, adoption or placement by a governmental or social service agency, occupying a dwelling unit as one housekeeping organization. by bloody may also be two (2), but not more than two (2) persons not relatedmarriage, or adoption. FLOOD INSURANCE - Insurance coverage provided to those areas participating in the National Flood Insurance Program to compensate for damages which have been incurredthus property, owne s ordtenants. he Flood alinsurance coverage act and amust lbe loss an amount affected amountat least equal to the development or project cost. FRAIL - Handicapped, disabled, or in poor health requiring support services to Ti a independently. HANDICAPPED - A physical or mental impairment which is expected to be of long, continue and indefinite duration and substantially impedes the ability to live independently. HOLD HARMLESS CERTIFICATION - Statement releasing the City, ESA and the con- rac or rcm any response ity for any repair of defects other than the pro- ject which was requested by the homeowner. HOMEOWNER - A person who both owns and occupies the home for which assistance is sought. Ownership must be established by legal or equitable title. INCIPIENT VIOLATION - The state and physical condition of an element of the struc ure require or contained as a Housing Quality Standard, that at the time of inspection is judged to be in such a state of deterioration that if left uncorrected, will further deteriorate into an actual violation in the near future. INCOME GUIDELINE - The median income level as determined by the U.S. Department of Housing and Urban Development for the City of Iowa City. LIQUID ASSETS - Property that can be readily converted into cash without appre- clable loss in value such as: savings accounts, and/or stocks and bonds. Euitin the transportation to andtfron employment to be rehabilitated of ismnot rvehicle when used � considered when comput- ing liquid assets. MAJOR CODE VIOLATION - A housing standards violation involving the following ca egories oe c ency: electrical, heating, plumbing, roofing and struc- tural. Structural violations are to be considered as deficiencies to only the major structural systems of the property, including roof, floor girders and joists and the foundation. OPERATING AGENCY - Elderly Services Agency (ESA). �414a 441 a The total cost of repairs and improvements and other m to be incurred by the applicant that are eligible for nce, whether or not financed in part with funds from - An employee of the City's Department of Planning and larged with the duties of administering the specific tation program. ced to pay for repairs and modifications as approved by ency. #qoop _,I J Chapter 2. Project Finance and Eligible Project Costs 1. General: This chapter describes the sources of the funds and the City Council's provisions for issuing the funds to be used in the Housing Repair Program for Elderly and Handicapped/Frail persons. Eligible projects costs and ineligible costs are also outlined in this chapter. 2. Project Financing: CDBG assistance for the Housing Repair Program for Eld- er y an Han icapped/Frail Persons may be granted only if there is a suffi- cient appropriation of funds and a City Council Resolution approving both the project and the agency administering the project. a. The Housing Repair Program for Elderly and Handicapped/Frail persons shall be included in the CDBG budget as approved by the City Council. b. Funds to cover an approved repair or modification shall be provided by the City from program funds in accordance with the procedures estab- lished herein. 3. Eli ible Proct Costs: Eligible project costs include only those costs incurr je or a or and materials related to the repair project under the service agreement between ESA and the organization, firm or individuals carrying out the repair. Eligible repair projects include: a. Minor structural repairs or modifications to make the dwelling safer and more accessible for the elderly/handicapped/frail homeowner. b. Minor plumbing repairs. c. Energy conservation measures such as purchase and installation of storm windows, repairing and caulking of windows and doors. d. Water -proofing measures such as installing gutters and downspouts. e. Building permits to carry out activities. f. Sales tax paid by the contractor to purchase materials. Sales tax shall be included in the bid price. g. Part-time ESA construction consultant. 4. Ineli ible Costs: Except as otherwise provided in this section, a repair gr 55TI FoE—provide for: a. New construction, substantial reconstruction, expansion of the size of a structure, or the finishing of unfinished spaces such as an attic or basement. b. Materials, fixtures, equipment, or landscaping of a type or quality which exceeds that customarily used in the locality for properties of the same general type as the property to be repaired. 6 to administering the repair grant. 147 1 Chapter 3. Eligibility Requirements and Grant Limitations ments or the 1. General: This chapter sero berth the assisted and outliinesrrestrictions ffor the appTic nt and the property repair grant. 2. Eli iw,11t eqle uiremen sn must bT be e met, considered for program assistance, the 0 owing a. Applicant must reside within the city limits of Iowa City. b, Applicant must be elderly (62 years of age), or handicapped, or dis- abled or considered frail as defined by the ESA. C. Applicant must own and occupy the dwelling in need of repair. owner- ship must be established by legal or equitable title. d. Applicant's income must not exceed Boo the number persons per limits for the Iowa City MSA determined by MUD, based o household. 3. Grant Restrictions: ector e assis- by the a Costs fo.tante ofrthepair CDBGmust Rehabilitationbpprovedofficer orAESA rconstructionhconsult- ant, if needed. b. For larger projects, the ESA constructionconsultant shall confer with the CDBG Program Coordinator prior to app c. Applicants are eligible for one-time assistance per year. If more assistance is required, then the applicant will be referred to the CDBG Rehabilitation officer. d. Projects requiring accessibility modifications (ramps, grab bars, etc.) shall be assistancerunderethe Resiidlentialrevaluation AccessibilitytGrant CDBG rogram for Program 09 i 8 Chapter 4, Processing g and Submission Procedures for a Repair Grant I• General' �• This chapter describes Bening repair staff grants for low income elderinctions and 2• ESA Y and handicaProcedures for ons. Staff Function: Peed/frail sta Listed below persons, are functions to be performed by ESA a• Interview and advise the property owner on the objec- tives explain the application form the form and execute the general Hold Harmlessssist the . Program ing b• Financial Agreement,pplicant in completing C. Verify interview to determine income eligibility of the applicant. has received ownership of Property that verification fThis may include PPl'cant City Assessorev ochence that ESA staff included the an is the Owner w fromof the the or other d• Ins the application, (See appendipr?x.) Verification�shallne IInspect property. ) be � e• Advise applicant of an mental" work conditionsat may be required to ensure healthy and safe environ I f• Advise the applicant i and grants aiistered by availability of other rehabilitation loans 9• Prepare Y the CDBG program. ' P work write-up, including description of four copies, distribute to prospective file• job r bid sheet bidders and retain � make h• Obtain estimates copies for Of the repair work needed, i• If project requires extensive re Coordinator for approval. Pair work refer to the CDBG Program j• Arrange time for start of project with the homeowner. k• Contact contractor to perform the work, 1• Inspect repair work upon completion, m• Obtain statement completed, f"°m homeowner indicating that work is satisfactorily n. Obtain service agreement 9reement, receipts and lien waivers from the contrac. °• Make final Payment to contractor, P. Make copies files and Ciof completed service agreement and signed statement for 9 q. ESA staff confer monthly to discuss projects and prepare progress report and statement of billings for CDBG staff. r. Submit statement of billings for funds dispersed to contractors, in- cluding all copies of completed service agreements to the CDBG program office. s. CDBG staff approves statement and submits check request to Finance Department on the sixth and 16th day of the month. t. CDBG staff sends reimbursement check to ESA on the 13th or 23rd day of the month. APPENDIX Of ii Date + 7�; ELDERLY SERVICES AGENCY CHORE SERVICES INTAKE Have you used Chore or Respite Care before? Yes No Name Address: Phone _ Referred by: Living situation -- ame oneff Agency Age: Mr Ms Services needed: Lawn Mowing Yard Work Snow removal Small household repairs Plumbing Carpentry Ongoing service? Yes No Data service to be provided: Fee No fas Who wi11 provide service: Painting Transportation Heavy Cleaning Changing Windows/ Screens Washing windows Roof Repair Moving Carpet Care Other Estimated Date Jobs 47 Who will provide service? Estimated Date Jobs PROBLEMS/FOLLOWUP 6/8s e`,( ELDERLY SERVICES AGENCY of john bb 28 South Linn Street • Iowa City. Iowa 52240 • 356-5215 CDBG HOUSING REPAIRS PROGRAM Date: Name of person making bid: Name of person needing work done: BID SHEET Type of {York/Repairs: dress P one PLEASE FILL OUT THE FOLLOWING BLANKS: Amount of time: Cost for labor to be performed: Materials needed: Cou tem price tem price tem , pr ce Total estimated cost of materials Total estimated cost for the job A 5% leeway is allowed for the total cost of the job. However, the 5% leeway should not be included in the total submitted. An explanation is required for the difference between the estimate and the final cost. The explanation is subject to Elderly Services` approval before extra payment will be made. Signature Bidder Date 44' _-T HOLD HARMLESS AGREEMENT I hereby agree to indemnify and hold harmless the City of Iowa City and its officers, agents or employees as well as the staff of the Elderly Services Agency from any and all liability, loss, cost, damage, and ex- pense (including reasonable attorneys fees and court costs) resulting from, arising out, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the service contractor's operations under the Housing Repair program, whether such operations be by himself or herself or by any sub -contractor or by anyone directly or indirectly employed by either of them. I have read and understood the above waiver. Date: Signature Witness: 441 __T SERVICE AGREEMENT - HOUSING REPAIRS PROGRAM ELDERLY SERVICES AGENCY NAME OF CLIENT ADDRESS OF CLIENT DATE—� TELEPHONE CERTIFICATION OF OWNERSHIP BOOK PAGE_ VERIFIED BY DATE AGENCY WORK REQUESTED (PLEASE EXPLAIN IN DETAIL) i NAME OF CONTRACTOR COST ESTIMATE TOTAL COSTS DATE 8 TIME COMPLETED — I HAVE RECEIVED $ FOR WORK PROVIDED i Signature o orewor er ontrac or WORK REQUESTED WAS DONE TO NY SATISFACTION AND I HOLD HARMLESS THE CITY, ESA and the Contractor(s) for any defects that are not included in the work re- quested above. igna ure o en ae I HAVE INSPECTED THIS JOB AND FOUND THE WORK TO BE SATISFACTORY ES Construc ion Consultant 4"9 _I RESOLUTION NO. 87-64 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO IMPLEMENT REVISED REHABILITATION PROGRAMS FOR OWNER -OCCUPIED AND RENTAL PROPERTIES IN IOWA CITY WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Hous- ing and Community Development Act of 1974 as amended (Public Law 93-383); and WHEREAS, the City Council has budgeted funds from the Community Development Block Grant for rehabilitation of owner -occupied properties, and has also received formula grants under Section 17 of the United States Housing Act of 1937 for Rental Rehabilitation; and WHEREAS, the City Council wishes to revise certain policies and procedures for said rehabilitation programs; and WHEREAS, the Administrative Policies and Procedural Manual for Housing Reha- bilitation Programs attached to this resolution and hereby made a part thereof, outlines the policies and procedures for said rehabilitation pro- grams; and WHEREAS, said new program manual supersedes previous program descriptions and manuals for housing rehabilitation programs and provides new streamlining procedures for all rehabilitation assistance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Council hereby approves the revised programs, procedural manual and methods of financing, and authorizes implementation as outlined in the Administrative Policy and Procedural Manual for Housing Rehabilitation Programs. It was moved by Zuber and seconded by Dickson the Resolution be adopted, an upon ro call there were: AYES: NAYS: ABSENT: _x Ambrisco x Baker x Courtney x Dickson x McDonald x Strait X Zuber Passed and approved this 7th day of _April , 1987. ATTEST: . CLE' a CIT RK Aeeolved & AppnMNc: By The le&el pie anr.'", 3308 i City of Iowa City MEMORANDUM Date: March 31, 1987 To: City Council and City Manager From: ii4Marianne Milkman, CDBG Program Coordinator fS3 Pam Barnes, Housing Rehabilitation Officer Re: Proposed Policy and Procedural Changes in the Housing Rehabilitation Programs During the past ten years the City has developed five different housing rehabilitation programs, each with its own manual and terms and conditions. Staff would like to consolidate the information about the programs into one the manual, streamli extent ne he process ro e s and make terms and conditions consistent to The 0Bas Housing Rehabilitation Manuals, and isproposingacertainfore changes sin the programs. During the past few years the majority of the City's CDBG rehab money has been forforgivable ftheiloanedepreciates With fully these over loans r funds are returned to federal funding continues to decrease, staff feels period �mpsortantythat more Of the funds be returned to the program for future reuse for housing reha- bilitation. Several of the proposed changes in the programs, as shown on the attached chart, therefore relate to changes of forgivable loans to liens against the operty. Such liens would be repaid upon sale of the property, and the Cityprwould eventually be able to reuse the funds involved. The second chart shows the estimated return on loans under the posed policies using 1986 rehab projects. current and pro - Also, experience with the programs lowerfamilies has shown that, at certain income levels, loanStaff is therefore recommendito ng certain 6% or changes the%tlow erms interest . loans at different income levels.Of such Over the past two years there have been an increasing number of requests by very low income families for emergency repair of major items. Repair of these items is essential to making a home habitable. Staff is recommending that some funds be set aside for such a program, which would be a new, sixth, housing rehabilitation program. Staff suggests that approximately 15,000 (out of $180,000 allocation for rehab) be used for emergency repairs. Proiec� t q_ p_ pr` vol Currently the Housing Commission approves all Comprehensive Rehabilitation loans (maximum $22,000), and all Rental Rehabilitation loans (maximum $5,000 per unit). Projects for all other rehab programs (maximum $2,500-$5,000), 4(/ O PA _I with the exception of the weatherization program, are approved by the Plan- ning Director or the CDBG Program Coordinator. Staff recommends that in the future the weatherization projects also be approved by the CDBG Program Coordinator. Rental Rehabilitation Program A. Tenant Assistance Policy The attached tenant assistance policy shows the proposed changes under- lined. Some of these changes are due to the HUD requirements for tenant assistance, particularly as they relate to single, non -elderly tenants. Other changes are actually established policy, but have never been ap- proved in written form. B. "Gap" Financing During the past two years there has been considerable discussion by the Housing Commission and staff regarding the financing of multi -unit (more than three units) rental rehabilitation projects, where income from the units could, in some cases, provide considerable debt service for loans to rehabilitate the units. Staff proposes to change the rental rehab assistance to support only the "gap could support by way of a convention " (or a maximum of $5,000/unit) be- tween the total rehabilitation costs and what the income from the units financing method is attached. al loan. A description of the "gap" We look forward to discussing these proposed changes with you at the informal Council meeting on April 6. Both CCN and the Housing Commission have re- viewed these changes and recommend approval. bj5/2 4470 i ( to City M median Intone loan amount at 6% .60Z median. : when property iOt median income it with varying :omes above 50% it at 3% interest. it, no interest. not sold in five 60% median intone t, no interest for Below $1,001). costs above ty sold. perty sold before perty sold before CDBG HOUSING REHABILITATION PROGRAM Return on Loans During 1986, contracts in the amount of $144,507 were awarded for owner - occupied housing rehabilitation to low/moderate income persons in Iowa City's revitalization neighborhoods. The table below shows the eventual expected return on these funds under the existing and proposed program regulations. In some cases funds would not be returned to the program until the property is sold. Program i Return Current on Loans Proposed CDBG HOUSING REHABILITATION PROGRAM Return on Loans During 1986, contracts in the amount of $144,507 were awarded for owner - occupied housing rehabilitation to low/moderate income persons in Iowa City's revitalization neighborhoods. The table below shows the eventual expected return on these funds under the existing and proposed program regulations. In some cases funds would not be returned to the program until the property is sold. Program Total Contracts Return Current on Loans Proposed Comprehensive Rehab. a. Forgivable loans $111,106 $ 0 $55,553 (min.) b. Low interest loans 2,300 3,476 2,852 Weatherization loans 4,051 4,357 4,051 Paint/Siding loans 27,050 0 11,253 Total $144,507 $7,833 $73,709 I % Return of Funds 5% 51% #7a RENTAL REHABILITATION - "GAP" FINANCING Subsidy Computations. Program funds will be used to subsidize the prin- cipal amount of rehabilitation costs so as to reduce the effective inter- est rate on privately originated loans. The amount of subsidy will be individually calculated under the "gap financing" method. This method determines the dollar amount of debt service that is available to rehabilitate an individual building based on the economics of a particular property. Calculating the subsidy under this method requires an analysis of each building's "pro -forma" to determine the gross effective income of the property, subtracting out the expenses required to operate the property and the cash flow required from the property. The remaining balance is the amount available to support new debt service. The amount a conven- tional debt could support is then calculated. The difference between the rehab costs and the new debt service is the subsidy required. 4470 MA N I A L for housing rehab programs ♦ i IIIIIiIIN��'!' ■ wi CITY OF I -- CWA CITY 44716 _-T I Administrative Policy & Procedural Manual for _ Housing Rehabilitation Programs J City of Iowa City IJ J Prepared by Department of Planning & Program Development 1987 Adopted by City Council N i I J RecoJvrJ S Ap ,caa. By The Legal Depar4inant 470 Table of Contents Preface. . . . . . . . . Summary of Requirements. Page 1 2 3 7 Chapter 1 Definitions . . . . . . . . . . . . . . . . . . Chapter 2 Eligibility Requirements . . . . . . . . . . . Chapter 3 Assurance that Rehabilitation will be Completed . . . . . . . . . . . . . . . . . . Chapter 4 Eligible Costs . .. . . . . . . . . . . . . . Chapter 5 Financial Assistance Categories, Loan Terms, Limitations and Conditions . . . . . . . . . . Chapter 6 Processing and Submission of Rehabilitation Cases . . . . . . . . . . . . . . . . . . . . Chapter 7 Loan Settlements/Account Management. . . . . . Chapter 8 Terms and Conditions . . . . . . . . . . . . . Chapter 9 Recapture of Rehabilitation Assistance . . . . Chapter 10 Determining Work to be Done. . . . . . . . . . Chapter 11 Contracting for Rehabilitation Work. . . . . . Chapter 12 Inspection of Work . . . . . . . . . . . . . . Chapter 13 Grievance Procedure . . . . . . . . . . . . . . Appendix Exhibit 1 - Tenant Assistance Policy, Rental Rehabilitation . . . . . . . . . . Exhibit 2 - Affirmative Marketing Plan, Rental Rehabilitation . . . . . . . . . . Exhibit 3 - Table of Median Income . . . . . . Map 1 - Designated Neighborhood Revitalization Area (403) . . . . . . . . . . . . . . Map 2 - Designated Rental Rehabilitation Target Neighborhoods . . . . . . . . . . . . . 13 14 19 25 28 34 39 41 42 47 51 54 44710 _-7 Preface This handbook serves as the technical guide to the City's housing rehabilita- tion programs administered by the Department of Planning and Program Develop- ment . evelop- ment. _.T The Housing Rehabilitation Programs include: �i rCi I, Comprehensive Home Improvement II. Weatherization III. Exterior Painting/Siding �IV. Residential Accessibility !I V. Emergency Repair �ti VI. Rental Rehabilitation Funding for the various program components under the Housing Rehabilitation Program is authorized by City Council resolution and provided in part by Community Development Block Grant (CDBG) funds. These funds, as part of the City's entitlement under the Federal Housing and Community Development Act, are administered by the Department of Planning and Program Development. Funds for Rental Rehabilitation are provided through a separate federal grant from the Department of Housing and Urban Development (HUD), and are also admini- stered by the Department of Planning and Program Development. Local discretion in developing rehabilitation programs using CDBG funds allows the City greater flexibility in meeting the housing needs of the citizens. This handbook provides a rational approach to managing our housing resources. �70 0 SUMMARY OF REQUIREMENTS FOR HOUSING REHABILITATION PROGRAMS owner Income I U L—� to all major systems, Maximum A Minimum Location Occupancy (Percen age of Median Loan Terms Payback to City Program Intent of Program Funds Available fixtures, roofs, etc. Neatherizetl on 172 Life an ount when Ira n Comprehensive Mane Improve- Rehabilitation of structure in order to meet Housing Max: (22.000 Min: 1 1,000 Designated (403) Improvement Owner- occupied 50%bel or below p property 1�2 IU yr. property is sold; pfor below 50% median for below mento Program Quality Standards. Applies Areas depreciatlnq Emergency Correction of maJOr vlola- Max: f 3,000 Repair tions of housing code Min: None Assistance standards which make the Program structure uninhabitable. I ten 51-59% ton Life LiTotal loan pproperty varying interest[with for Ill 15 yr. 3% loan intones above 50% 60-791 3% 15 yr. loan median. 80.100% 7% 15 yr. loan Designated (403) Owner- Below 60% Life Lien on property Total loan amount when Neighborhood occupied 60.801 5 yr. nooainterest property sold. n Total loan amount with improvement no interest. Areas Designated (403) Owner- Below 60% Neighborhood occupied Improvement 60-80% Areas Clty-wide City-wide ... Rental Rehabilitation and improve- Max: $ 5,000/unit Designated � • .. Rehabilitation meet of rental units to Nin: f 600lunit Rehabilitation • • • Program meet Ilouslng Code standards Target Areas win l le maintaining afford- able rents. Owner- Up to 80% occupied 5 yr. depreciating None if property is lien on painting not sold within five Life Lien on siding years(painting). 5 yr. no interest Total loan amount when loan on painting property is sold and siding (siding). Total loan amount with no interest. Direct grant None. owner- Below 50% If cost is less than None. occupied $1,000, direct grant. If cost Is greater Total loan mount if than $1,000, Life property is sold. Lien on property. Renter. 110 limit 'Gap Financing', 10 % payable If property occupied year depreciating Is sold within ten lienfor up to 50% years. Of the cost of rehabilitation. to all major systems, including: furnaces, hot water tanks, fixed electri- cal equipment, sanitary fixtures, roofs, etc. Neatherizetl on Improving all elements of Max: f 2,500 750 ED Program home Insulation such as: Min: S iasulatlon, stone windows and doors, caulking, energy efficient furnaces, and other energy saying devices. MPainting/ Coverage of all costs Ass0- Max: $ 2,500 for 1 story dwelling Siding Loan ciated with protection of exterior wood and other Max: 2,000 Program T surfaces for enhancement of 2 stdwelling netghborhoods. Coscould Min: None include caulking, paint. stain, siding and labor. Residential Improvements to make the Max: f 5,000 Min: None li Accessibility properly accessible and Program permit the handicapped or disabled homeowner to remain, Independently, in the home. Costs could include: ramps, doorway widening, grab bars, handi- capped toilets, etc. Emergency Correction of maJOr vlola- Max: f 3,000 Repair tions of housing code Min: None Assistance standards which make the Program structure uninhabitable. I ten 51-59% ton Life LiTotal loan pproperty varying interest[with for Ill 15 yr. 3% loan intones above 50% 60-791 3% 15 yr. loan median. 80.100% 7% 15 yr. loan Designated (403) Owner- Below 60% Life Lien on property Total loan amount when Neighborhood occupied 60.801 5 yr. nooainterest property sold. n Total loan amount with improvement no interest. Areas Designated (403) Owner- Below 60% Neighborhood occupied Improvement 60-80% Areas Clty-wide City-wide ... Rental Rehabilitation and improve- Max: $ 5,000/unit Designated � • .. Rehabilitation meet of rental units to Nin: f 600lunit Rehabilitation • • • Program meet Ilouslng Code standards Target Areas win l le maintaining afford- able rents. Owner- Up to 80% occupied 5 yr. depreciating None if property is lien on painting not sold within five Life Lien on siding years(painting). 5 yr. no interest Total loan amount when loan on painting property is sold and siding (siding). Total loan amount with no interest. Direct grant None. owner- Below 50% If cost is less than None. occupied $1,000, direct grant. If cost Is greater Total loan mount if than $1,000, Life property is sold. Lien on property. Renter. 110 limit 'Gap Financing', 10 % payable If property occupied year depreciating Is sold within ten lienfor up to 50% years. Of the cost of rehabilitation. _-I -3- Chapter 3- Chapter 1. Definitions 1. Definitions. Following are definitions of various terms as used with — respect to rehabilitation activities. a. Architectural Barrier - A structural condition, existing in a housing unit, that places a physical hardship on the mobility of a handi- capped person in the performance of normal self-care activities. b. CDBG Program Coordinator - The Coordinator for the U.S. Department of Housing and Urban Development, Comnunity Development Block Grant Programs. _ c. Depreciating Lien - A self -depreciating lien against the property for a specified term, that will provide supplemental or complete reha- bilitation assistance or serve as a subsidy to lower the effective rate of interest on a home improvement loan. The balance of a depreciating lien is forgiven upon death or incapacitating illness. — i d. Director - The Director of the Department of Planning and Program -. i Development. e. Disabled/Handicapped. For the purpose of these programs, a person shall be considered disabled/handicapped when that person has a physical or mental impairment expected to be of long, continued or indefinite duration or suffers from a disability as defined in Sec- tion 223 of the Social Security Act (42 U.S.C. 423) or in Section 102 of the Development Disabilities Services and Facilities Construction Amendments of 1970 [42 U.S.C. 269(1)]. Any family member who is disabled or handicapped qualifies that family as a disabled/handi- capped family. b'Z4 70 -4- f• Dwell' Unit � Any room or group of adjoining habitable rooms lo- cated within a dwelling and facilities forming a single habitable unit with which are used or intended to be sleep- ing, cooking and eating, used for living, 9• E1�Y• For the title holders Purposes of these programs any of the who is at least sixty-two (62 property's ered to be elderly, ) Years of _ age is consid- h• Emergent Repair dardsy- anrrection immediatef a major violation of housing stan- that creates Stan - the occupant. Such threat to the health violations shall include: and safety of electrical service or wiring; unsafe dangerous 9; unsanitary °r hazardous furnace; decayed, y Plumbing; inoperative condition y de or unsafe or or other such emergent structural or roof VISO declared Y condition that from time to time is Housing Inspector, Officer in consultation with a I i• Fair Market Rent I _ owned- - The amount that would be needed decent, safe and sanitary to rent privately � (non-luxur Y rental Y) nature in the housing sh a modest by HUD and include the area, Such rents are established annually cost of utilities, i j• Fa�Y _ Usuall relationshi y two or more persons who constitute a p (blood, marriage, adoption Or legal family term also includes: an individual operation of law), The an individual between the ages of 18 and 62 who 62 Years of age or Capped as defined herein; two or is disabled , more unrelated or handi- at least 62 years of age or individuals elderly, disabled or handicapped; are _ Y, disabled or handicapped individuals livined or one or persons more Who are determined g with one or such individual's by a medical doctor more _. care and well-being, to be essential to k, Flood I77`nsurance - Insurance coverage available to those areas par- ticipating in the National Flood Insurance Program to can damages incurred due to flooding, thus reducing for 9 the overall impart *70 tm -5 - and financial loss to affected property owners or tenants. Flood insurance coverage must be in an amount at least equal to the project cost. 1. Grant - A direct subsidy for home improvement to a homeowner requir- ing no lien or payback. _ m. Homeowner - A person who both owns and occupies the home for which assistance is sought. Ownership is determined by legal or equitable title or by a land sales contract. n. Housing Code Standard - The Municipal Housing Code of the City of Iowa City (Chapter 17). o. HUD - U.S. Department of Housing and Urban Development. ` P. Incipient Violation - The state or physical condition of an element _ of the structure required to meet a Housing andardthat t the time of inspection is in such a state ofadeterioration, that if left uncorrected, it will further deteriorate into an actual viola- tion within the next two years. q. Income Guideline - The median income level as determined by the U.S. Department of Housing and Urban Development for the City of Iowa City. r. Investor - An owner of residential property of which one or more units are rented. - s. Land Sales Contract - Any transaction in which the purchaser obtains fee title from the seller only if he/she completes a series of in- stallment payments over a term of years. The form of a land sales contract may vary according to the circumstances of each sale. t. Lien - A right given by law to a certain creditor to have its debt paid out of the property revenues. 07o - _I ME u. Life Lien - A recorded lien against real property which must be repaid upon transfer of title or sale of the property. v. Liquid - Property that can be readily converted into cash without appreciable loss in value such as, but not limited to: sav- ings accounts, and/or stocks and bonds. Equity in the property to be rehabilitated or a motor vehicle when used for transportation to and from employment or school is not considered when computing liquid assets, W. Loan Subsidy - A contribution made by the City to a qualified bor- rower to reduce the effective interest rate for a home improvement loan made from a private source. x. Major Code Violation - A housing standards violation involving the following categories of deficiency: electrical, heating, plumbing, roofing and structural. Structural violations are to be considered as deficiencies only when they involve the major structural systems the property, including foundation. roof, floor girders and joists and the foundation. ' Y. Operating Agency The Department of Planning and program Develop- ment. Z. Rehabilitation Cost - The total cost of repairs and improvements and other costs for rehabilitation to be incurred by the applicant that are eligible for rehabilitation assistance, whether or not financed in part with funds from other sources, - aa. Rehabilitation Officer - An employee of the City's Department of Planning and Program Development charged with the duties of admini- stering the specific aspects of the rehabilitation program. f 71 -i - Chapter 2. Eligibility Requirements General. This chapter sets forth eligibility requirements as to the property and the applicant for a rehabilitation loan or grant. The property must need rehabilitation to meet the Housing Code Standards. Neither an individual family nor a structure may participate more than once in this program except under circumstances specified for individual programs. A. Location Location requirements differ for individual programs as shown below: Program A11 I. Comprehensive Home Improvement Loan 2. Weatherization 1 La 3. Paint/Siding o 4. Residential Accessibility tf5. Emergency Repair 6. Rental Rehabilitation Location Designated neighborhood revitalization area (403) Designated neighborhood revitalization area (403) Designated neighborhood revitalization area (403) City wide City wide Designated Rental Rehabilita- tion target neighborhoods B. Ownership I. Owner -occupied Dwelling. The owner -occupant of a single-family dwelling must meet the definition of a homeowner. i M 2. Investor-owned DwelIin . An investor -owner of a rental unit must show legal and equitable interest in the property to be rehabilitated prior to the date of approval of assistance, and must be able to enter into a mortgage or promissory note as security for a loan. 3. Contract Holder. In order for a purchaser under a land sales con- tract to be eligible for rehabilitation assistance to cover rehabili- tation costs, at a minimum, all of the following requirements must be met. a. The contract shall be a written, legally binding instrument involving property that will be for residential use after reha- bilitation. b. The seller may not convey any interest in the property to any _ other party unless the conveyance is subject to the land sales contract, except that the seller may retain the right to mortgage the property for an amount that does not exceed the unpaid por- tion of the contract purchase price. C. Under the contract, the seller and any subsequent holder of the title to the property must be obligated, without qualification, to deliver to the purchaser fee simple title and a deed to the property upon full payment of the contract price, or some lesser amount. d. Under the terms of the contract, the purchaser shall have: .....Full use, possession, and quiet enjoyment of the property. .....Equitable title to the property. *%Q -I ses e. The purchaser shall have possession and use of the property under the contract prior to the date of approval for rehabilitation assistance, and must be a homeowner as defined in Chapter 1, or be otherwise qualified to participate in the program for which assistance is being sought. f. The contract shall have been filed for record prior to approval _ of assistance. " C. occupancy. A homeowner shall verify the property to be rehabilitated as his/her principal place of residence prior to the date of approval of assistance. D. Income. 1. Income Limits Median income levels for Iowa City are determined by HUD as shown in Exhibit 3. The income of an applicant may not exceed the limits set forth in each program category. Terms of loans vary for different income levels (see Chapter 5): Programs (1) Comprehensive Home Improvement 100% median (2) weatherization 80% median (3) Exterior Paint/Siding 80% of median (4) Residential Accessibility 80% of median (5) Emergency Repair 50% of median (6) Rental Rehabilitation No limit Items to be included for income consideration are listed on the interview form. t�C-4 4476 - -10- 2. Income Adjustments and Exclusions Grants The following 'amounts are deducted from monthly gross income: (a) $40.00 per child per month (child must be living in the home, be under 18 years of age, or be a full-time student dependent). (b) 10% of gross earned income is deducted for taxes, for persons not retired or disabled or see (3), (c) 25% of fixed income is deducted for retired and/or handi- capped/disabled persons. Fixed income consists of retirement iJ benefits, disability benefits and/or social security benefits. - (d) The following adjustments are allowed only for the Residential = Accessibility program: deductions of average monthly costs of prescriptions, over the counter medications, medical fees and other special health and support services. 3. Liquid Assets Applicant shall have liquid assets not in excess of: I a. Applicant under 62 years of age $15,000 for a one person household $20,000 for a two person household $25,000 for a three or more person household b. Applicant over 62 years of age and/or any applicant who is dis- abled/handicapped $25,000 for a one person household $30,000 for a two or more person household -11- E. Ownership & Income Verification I. Ownership a. For all applications, documentation must be obtained showing evidence of recorded ownership. Such documentation may be in the form of an ownership computer print-out obtained from the Johnson County Assessor, a copy of a deed to the property or a title certificate. When there is uncertainty as to the adequacy of documentation, the case shall be referred to the Legal Department which may require other supporting documentation. 2. Income a. For comprehensive home improvement loans detailed documentation in support of income eligibility must be obtained and reviewed by the Operating Agency prior to application approval. For all other loans/grants, except for Rental Rehabilitation loans, a - short income statement from the owner is required. Additional Requirements for the Rental Rehabilitation Pro ram 1. Pre and post rehabilitation rents shall be at or below the fair market rent (FMR) set annually by HUD. These rents include cost of utilities. 2. At least 70% of tenants in units to be rehabilitated must be low/moderate income persons/families according to HUD's income guide- lines. 3. Preference is given to units with two or more bedrooms. (At least 70% of total grant funds received by the City must be allocated to units with 2+ bedrooms.) C�4j T 7 Q ., a Ora 4. Preference is given to structures containing 1-11 units. Structures with 12 or more units are eligible for the program. Davis -Bacon requirements must be met for all rehabilitation work in projects with 12 units or more. 5. Owner shall provide tenant income information. 6. Owner shall provide pre- and projected post -rehabilitation rents. I J J 1 I I J 4470 -13 - Chapter 3. Assurance that Rehabilitation will be Completed A. General. Before funding may be reserved for any rehabilitation project funded through the Operating Agency, the applicant being served must assure that all work included in the work write-up and subsequent change orders will be completed. In cases where the rehabilitation costs exceed „ the amount of assistance, the loan assistance will not be provided unless the applicant can provide whatever additional amount is needed to assure the completion of the work. B. Rehabilitation Assistance on Residential Property. If the applicant for rehabilitation assistance is obtaining supplemental financing, the City's loan application shall not be approved until the Operating Agency has secured evidence that the applicant has obtained an adequate and satis- factory supplemental loan commitment. When the loan is obtained from a recognized lending institution, evidence furnished to the Rehabilitation Officer shall consist of a bona fide commitment to lend money for the rehabilitation work. The loan shall be in an amount which, when added to the rehabilitation assistance and any other funds the applicant furnishes, will be sufficient for completing the required work. — For rental rehabilitation projects, the investor owner shall provide _ written evidence of his/her ability to pay the owner's share of rehabili- tation costs. C. Failure to Complete Rehabilitation Work. Should the applicant being assisted fail to have rehabilitation work completed, the City may declare the applicant in default and require the full amount of rehabilitation assistance due and payable. o�.�► X70 _ 14 - Chapter 4. Eligible Costs A. Eligible Costs for the Comprehensive Home Improvement and the Rental Rehabilitation Programs. Eligible costs include the costs of meeting the requirements of Housing Code Standards, correcting incipient violations, energy conservation and fire safety measures, general property improve- ments and related fees as described below: 1. Requirements of Housing Code Standards. When necessary to meet a specific requirement of housing standards, rehabilitation assistance - may be used to the extent necessary for: a. The rehabilitation, removal, or replacement of elements of the dwelling structure, including basic systems, and of other im- provements to the property such as garages, fences, steps, walk- ways and driveways. The term "basic systems" includes such items as heating furnaces, hot water tanks, fixed electrical equipment, sanitary fixtures and other appliances required to meet Housing Code Standards. b. The provision of sanitary or other facilities, including the provision, expansion and finishing of space necessary to accommo- date those facilities. c. The provision of additional or enlarged bedrooms, if required by Housing Code Standards. d. Grading, filling or landscaping of the ground, if required by Housing Code Standards. *7a _I -15- 2. Energy Conservation and Fire Safety. Rehabilitation assistance may be provided to purchase and install insulation, storm windows and doors, caulking and related energy saving devices or measures. The installation of smoke or fire detector and related fire safety items are also eligible costs. 3. Incipient Violations. In order that a property may be brought up to and maintained to Housing Code Standards, rehabilitation assistance may be provided to correct incipient violations. 4. General Property Improvements. Items which substantially protect or improve the basic livability of the property, including: renovation of the plumbing or electrical systems, the installation of approved heating or air conditioning systems, additions, or finishing of — unfinished spaces where these are required to meet Housing Code Standards, the renovation of items which will result in reduced main- tenance, or the installation of permanent worksaving elements which benefit the health and safety of the borrower, will be eligible costs. Also eligible are exterior improvements which enhance the appearance of the property and contribute to neighorhood conserva- tion. Note: The cost of a general property improvement shall not exceed 40% of the cost of correcting Code items. B. Eligible Costs for the Weatherization Program include insulation, storm windows and doors, caulking, energy efficient furnaces and related energy saving devices and measures. 1 C. Eligible Costs for the Paint/Siding Program include all costs associated - with the protection of exterior wood surfaces such as caulking materials, paint, stain, siding and labor. When necessary to meet the Iowa City Housing Code, costs may also include the repair, replacement or removal of wood elements such as siding, soffit, fascia and porch work and re- placement of broken glass and cracked sections of putty. Ni4 X70 �o IE -16- Eligible Costs for Residential AccessibilItermittra theLimited improve- ments making the property accessible and p ible items handicapped/dis- abled homeowner to remain independently in thanhe home, handicappedtoiletsand include ramps, doorway widening, grab bars, similar items. EllLille Costs for the Emer enc Repair Program include the correction of major violations of the Housing Code Standards which make a structure es are not normally eligi- uninhabitable. Repairs which exceed local cod ble for funding. II. CERTAIN RELATED COSTS FOR ALL PROGRAMS AS NOTED. Certain costs related to rehabilitation are eligible, as listed below: A. Loan Application processing costs: appraisal fee; title reports; fees for recording and filing; abstracting; termite inspection; bank servicing charge; hazard or flood insurance; architectural fees; current accruals for: taxes, insurance and special assess- ments; credit reports; debtor's life insurance; lead-based paint analysis. B. Building Permits and Related Fees: A rehabilitation loan may provide funds to cover the cost of building permits and related fees that are required to carry out the proposed rehabilitation work. However, since the construction contract documents will require the contractor to pay for them, this cost ordinarily would be included in the contract amount. C. Lead-based Paint Hazard Elimination. Such hazards nll b Section elimi- nated in all programs according to regulations imp 302 of the Lead -Based Paint Poisoning Prevention Act. 1. The cost of correction may be included in the Emergency Repair or Residential Accessibility programs, if this does not cause the total grant/lien to exceed the maximum allowed. *Ta -17- 2. If the inclusion of the cost to correct the lead-based paint hazard causes the Emergency Repair or Residential Accessibility costs to exceed the maximum assistance allowed, the cost shall be excluded from the calculation for total assistance eligibil- ity. 3. An additional grant/lien may be made to correct a lead-based Paint hazard. Funds for this purpose shall be taken from the component budget effected. III. Advance of Funds. As necessary, the City may advance funds to pay for appraisal fee, title reports, termite inspection, lead based paint analysis and credit reports prior to formal commitment on the rehabili- tation loan application. If the loan is approved, the City shall be I reimbursed from the proceeds of the loan at the time of loan settle- ment. If the loan is not approved, and the application withdrawn, the City advances shall be regarded as eligible project costs. i IV. Death of Applicant. No project funds shall be used for reimbursement for repairs commenced after the death of an applicant who is not sur- vived by a spouse. Should the death of such an applicant occur after commencement of work for which project funds have been approved, reim- bursement shall be made for all work necessary to complete that phase of the work being carried out at the time of the applicant's death. Reimbursement shall be pro -rated based on the completed work. V. Ineligible Costs. Except as otherwise provided in this manual, reha- bilitation assistance shall not be provided for: A. New construction, substantial reconstruction, expansion of the structure, or the finishing of unfinished spaces not required to meet Housing Code Standards. N�4 #76 _.I B. Materials, fixtures, equipment or landscaping of a type or quality which exceeds that customarily used for properties of the same general type as the property to be rehabilitated. C. Acquisition of land, D. Refinancing of existing debt, __T -19- Chapter 5. Financial Assistance Categories, Loan Terms, Limitations and Conditions to SECTION I. COMPREHENSIVE HOME IMPROVEMENT PROGRAM. A. General. This part sets forth the assistance categories, terms, and limitations for providing rehabilitation assistance to owner/occupants. B. Assistance Categories and Loan Terms. Eligibility for home improvement loans will be determined by certain "Assistance Categories." Such cate- gories will be defined by the annual adjusted gross income of the appli- cant. _ i Assistance Eligible for Effective Cagtegory Income Level Interest Rate of: 1 Income 50% of the median or below 50% Life Lienl 50% - 10 Yr. Depreciating Lien 2 Income between 51-59% of the median 50% Life Lien 50% 3% - 15 yr. loan 3 Income between 60-79% of the median 3% - 15 year loan I — 4 Income between 80-100% of the median 7% - 15 year loan I — Median income for the Iowa City MSA is established by HDD and is based on the number of persons per household. The current income chart is at- tached as Exhibit 3. -------------- 1Applicant makes no monthly repayment. However, 50% of the amount becomes a Life Lien and 50% becomes a Depreciating Lien where 10% of the lien is for- given per year. Relatives assuming title to a property may reimburse the life lien over a period of 10 years if income is below 50% median. b�4 *70 - -20- C. Assistance Limitations. Under general conditions, the maximum subsidized loan shall not exceed $22,000 per unit. The minimum subsidized loan shall be not less than $1,000. These limits may be waived on a case- by-case basis by the Director. In addition: 1. Funds provided through the City's rehabilitation programs may not exceed 50% of the appraised value of the property after rehabilita- tion. 2. No rehabilitation loan may exceed the difference between the dollar value of the mortgage and the after rehabilitation value of the property. 3. For single family owner -occupied property, a special exception may be granted to item C.1. by the Housing Comnission if the structure is listed in the National Register of Historic Places, listed in a state or local inventory of Historic Places, or designated as a state or local landmark or historic district by appropriate law or ordinance. D. Assignability. 1. Title Holder. All comprehensive Home Improvement Loans are not assignable and shall be due upon sale or transfer of the property. If during the course of the Lien/Mortgage the property would become not owner -occupied, the City has the option of calling the lien due. 2. Land Contract Holder. The title holder shall approve a lien against the property in the amount of the rehabilitation loan. Sale or transfer of the property by use of a land contract shall be construed as a transfer of property and the loan shall be payable in full at that time. #7a -21- E. Loan Instruments. Market rate home improvement loans shall be secured by instruments individual lenders commonly use for loans of like kind and term. Depreciating liens will be secured by a Property Rehabilitation _ Lien and be subordinate to a Lender Lien or Mortgage filed on behalf of the City. Life liens shall be recorded at the Johnson County Recorder's _ Office. SECTION II. WEATHERIZATION PROGRAM. A. General. This part sets forth the limitations, terms for providing a weatherization loan to owner -occupants. B. Assistance Categories and Loan Terms. Income Loan Terms Below 60% of median Life Lien on property 60%-80% of median No interest - 5 year loan C. Assistance Limitations. Under general conditions, the maximum assistance shalt not exceed $2,500.00. The minimum subsidized loan shall not be less than $1,000.00. These limits may be waived on a case-by-case basis by the Director. D. Assignability. The Weatherization Loan is not assignable and shall be due upon sale or transfer of the property. Selling the property by use of a land contract shall constitute a transfer of property and the Weatherization Loan shall be payable in full at that time. Also, if during the term of the lien the property should become not owner -occu- pied, the City has the option of calling the lien due. E. Loan Instruments. A Weatherization Loan shall be secured by a Promissory Note that is duly recorded. Life liens shall be recorded at the office of the Johnson County Recorder. h%* 070 -22- SECTION III. PAINTING/SIDING LOAN PROGRAM. 1 A. General. This part sets forth the limitations, and terms for providing a painting/siding loan to owner -occupants. B. Assistance Categories and Loan Terms. (1) Paint Income Loan Terms Below 60% of median 5 year Depreciating Lien 60-80% of median No interest - 5 year loan (2) Siding Income Loan Terms Below 60% of median Life Lien 60%-80% of median No interest - 5 year loan C. Assistance Limitations. Under general conditions, the maximum assistance shall not exceed $2,500.00 for a one-story house and $5,000.00 for a two-story house. When complex work is required to prepare the surfaces for painting, the total cost may exceed the maximum cost by an additional $1,000. D. Assignability. The Painting/Siding Loan is not assignable and shall be due upon sale or transfer of the property. Selling the property by use of a land sales contract shall constitute a transfer of property and the Painting/Siding Loan shall be payable in full at that time. Also, if during the term of the lien the propertyshould become not owner -occu- pied, the City has the option of calling the lien due. ori #74 ^ti -?3- E. Loan Instruments. Life liens shall be recorded at the office of the Johnson County Recorder. Loans shall be secured by a Promissory Note that is duly recorded. j k kSECTION IV. RESIDENTIAL ACCESSIBILITY PROGRAM. A. General. This part sets forth the limitations, eligibility and terms for providing a residential accessibility grant to owner -occupants. B. Assistance Categories and Grant Terms. Income of homeowners not to exceed 80% of median. Assistance will be in the form of a direct grant. C. Assistance Limitations. The maximum assistance shall not exceed $5,000 tof SECTION V. EMERGENCY REPAIR PROGRAM. �T i A. General. This part sets forth the limitations, eligibility and terms for providing emergency repair assistance to owner -occupants. B. Assistance Categories and Loan Terms, Income Loan Terms Below 50% of median, cost below $1,000 Direct grant Below 50% of median, cost above $1,000 Life lien C. Assistance Limitations. The maximum assistance shall not exceed $3,000. D. LoanIn_ sttruments. Life liens shall be recorded at the office of the Johnson County Recorder. *7a _1 -24- L� SECTION VI. RENTAL REHABILITATION PROGRAM. A. General. This part sets forth the eligibility requirements, subsidy mechanism, terms, limitations and conditions for providing rehabilitation assistance to investor -owners. B. Subsidy Computations. Program funds will be used to subsidize the prin- cipal amount of rehabilitation costs so as to reduce the effective inter- est rate on privately originated loans. The amount of subsidy will be individually calculated under the "gap financing" method. This method determines the dollar amount of debt service that is available to rehabilitate an individual building based on the economics of a particular property. Calculating the subsidy under this method requires an analysis of each building's "pro -forma" to determine the gross effective income of the property, subtracting out the expenses required to operate the property and the cash flow required from the property. The remaining balance is — the amount available to support new debt service. The amount a conven- tional debt could support is then calculated. The difference between the rehab costs and the new debt service is the subsidy required. C. Assistance Limitations. Under general conditions, financial assistance shall not exceed: the lesser of $5,000 per dwelling unit or 50% of the cost of rehabilitation. The minimum loan subsidy shall be $600.00 per dwelling unit. For units with three or more bedrooms, the maximum assis- tance per unit is $7,000. (1987 Rental Rehabilitation Regulations.) D. Loan Instruments. Owners' market rate apartment improvement loans shall be secured by instruments individual lenders commonly use for loans of like kind and term. The City's depreciating liens shall be secured by a Property Rehabilitation Lien and be subordinate to a Lender Lien or Mortgage filed on behalf of the City. _.I -25- Chapter 6. Processing & Submission of Rehabilitation Cases A. General. This chapter outlines the functions to be performed in connec- tion with rehabilitation financial assistance and sets forth the policies and procedures to be followed in preparing, processing and approving an application. B. Outline of Staff Functions. Listed below are the functions to be per- formed by the rehabilitation staff or designee in connection with reha- bilitation financial assistance. 1. Initial intake and pre -application. _ 2. Interview and advise applicant of program objectives and benefits, complete application, inspect property. 3. Verify ownership; establish level of assistance; submit structure for preliminary historical/architectural significance review and clear- ance. 4. Prepare deficiency list. 5. Prepare feasibility analysis. 6. Review deficiency list with homeowner; receive approval to proceed; if structure was identified as having historic and/or architectural significance, submit for final clearance. 7. owner receives bid packets, solicits and reviews bid proposals. -- 8. Request an as -is appraisal where appropriate. _ 9. Deliver case to CGBG Program Coordinator for submission to Housing Commission for commitment. Include the following papers: Ml -26- a. As -is appraisal. b. Two copies of accepted bid. c. "Before" pictures. 10. Once case is approved, order title and lien search and abstract updated if applicable. 11. Notify owner of approval and schedule Loan Closing. 12. Close loan, file liens. 13. Preconstruction conference, issue proceed orders, execute contract. I — 14. Inspect work in progress, authorize release of partial payments. 15. Final inspection, punch list and certification; contractor provides manufacturer's and supplier's warranties and release of liens. i 16. Issue inspection certificate; authorize final payment; close out file. C. Processing and Preliminary Approval of Assistance Application. Process- ing consists of completing a preliminary application and submitting all supporting documents. Staff reviews the file to determine eligibility, The Iowa City Housing Commission shall approve all home improvement loans and rental rehabilitation loans. The CDBG Program Coordinator or his/her designee shall approve pprove all weatherization, paint/siding, residential accessibility and emergency repair loans/grants. 1. If the rehabilitation assistance is to supplement a private loan, the loan subsidy shall not be considered approved until after private loan approval, -27- 2. Projects meeting all eligibility criteria shall be approved unless extenuating circumstances prevail. If it is determined that an application cannot be approved, a written statement of the reasons for the determination shall be provided to the applicant and a copy placed in the case file. 3. In the case of special circumstances, the COBG Program Coordinator or _ the Rehabilitation Officer may ask the Housing Commission to recon- sider their previous determination disapproving an application, along with the documentation necessary to support the request for reconsid- eration. O. Cancellation. An approved application may need to be cancelled because the applicant has requested cancellation or is unwilling or unable to proceed with the rehabilitation work, or for other reasons. An owner may be liable for certain fees associated with the processing of a loan. 1. To cancel an approved application, the rehabilitation staff or desig- nee shall prepare a letter of cancellation to be provided to: a. The applicant b. Case file and, if necessary c. Lender. E. Rejection of Application. If, within ten days of a written request by the operating agency, the applicant has not offered information necessary for an application, the agency shall notify the applicant that the appli- cation has been rejected. F. Conditions for Providing Assistance. An applicant shall agree, in writ- ing, to the terms and conditions with respect to rehabilitation assis- tance. 8 __7 -28 - Chapter 7. Truth in Lending/Loan Settlement/Account Management A. General. This chapter sets forth staff responsibilities with respect to loan settlement for Rehabilitation Loans. B. Truth in Lending Requirements. 1. This section describes the Truth in Lending Act and its procedural and disclosure requirements which must be followed in the settlement of City of Iowa City rehabilitation loans. 2. Background. a. The Act. The Truth in Lending Act is Title I of the Consumer Credit Protection Act (Public Law 90-321); title 15, U.S. Code 1601 et. seq.), enacted by Congress on May 29, 1968. The act requires that borrowers in "consumer credit transactions" be ivested with certain rights and protections in connection with the transaction and receive specified written information from their - lenders. The disclosures must be made before credit is extended and before the borrower becomes obligated in connection with the I transaction; i.e., before execution of a note or mortgage. Among the required disclosures are: (1) The amount of credit a borrower will have for his actual use (the AMOUNT FINANCED); and (2) The FINANCE CHARGE (consisting primarily of interest) ex- pressed both as a dollar amount and as an ANNUAL PERCENTAGE RATE. �IZ AA %Q I r �c 4 -29- ee-day Rescission Provision. In addition, the act enables a rower, within three days following the loan transaction, to cind the transaction, if the loan is secured by a lien on the — rower's residence. in Lending Disclosure Statement: Use in Rehabilitation Loan ents. IR -7640, Truth in Lending Disclosure Statement, shall be given borrowers of rehabilitation loans. licability. A complete Disclosure Statement shall be given to — borrowers of rehabilitation loans. e of Furnishing Disclosure Statement to Borrower. The Disclo- e Statement shall be given the borrower at loan settlement but or to the time he/she executes the promissory note obligating — /her repayment of the loan. eipted Copy of Disclosure Statement Retained by Rehabilitation icer. " n the Disclosure Statement is given to the borrower, he/she 11 be requested to sign and date an identically completed closure Statement in the presence of an employee or other horized representative of the City who shall also sign as ness. The signed and witnessed copy of the Disclosure State - t shall be retained by the City in the loan application file. is Right of Rescission: Secured Loans. Under the law, borrowers have the right, within a three-day period, to the entire loan transaction. The right of rescission applies bilitation loans or liens recorded at the office of the John- _.. ___nty Recorder. -30 - of Opportunity to Rescind Transaction. Borrowers entitled, by eceding paragraph 4, to rescind the loan transaction shall e a properly completed Notice of Opportunity to Rescind Trans- nishing Notice to Borrower at Loan Settlement. The Rehabili- ion Officer shall give the borrower two copies of the notice loan settlement, and prior to execution of the note. The ice's nature and purpose shall be explained. An additional rd copy of the notice shall be signed by the borrower so as to fence his/her receipt of two copies of the notice. The >ipted copy shall be retained by the City in its loan applica- i file. e -day Rescission Period. To compute the running of the e -day rescission period for entry on the notice, the date of settlement on which the borrower receives the notice shall reated as Day Zero and the next business day thereafter as 1, etc. Three business days must elapse following loan set - ant date to camplete the rescission period. A business day iy calendar day except Sunday and the following holidays on fates established by Federal law: New Year's Day, Washing - Birthday, Memorial Day, Independence Day, Labor Day, bus Day, Veterans Day, Thanksgiving and Christmas. isbursements. The Rehabilitation Officer shall make no ^sement from the rehabilitation escrow account, with respect borrower, during the three-day rescission period. Recordation. In every case, the Rehabilitation Officer record promptly after loan settlement the promissory note 1 instruments necessary to perfect the loan security with- iting for expiration of the three-day rescission period. 470 -31- 6. Cancellation of Loan Transaction by Borrower. The loan transaction shall be considered cancelled if the borrower's notice to that effect is given within the required three-day period. Notification by mail shall be considered given at the time mailed as indicated by the postmark; notification by telegram shall be considered given at the time filed for transmission; and notification by any other writing shall be considered given at the time delivered to the Civic Center. _ 7. Accomplishment of Rescission. It is expected in most cases that the borrower's rescission will be accomplished by his mailing or delivery of the notice, bearing his signature and date under the cancellation recital. However, rescission may be accomplished by any written communication signed by the borrowers or a telegram sent by the - borrower. Oral communications cannot accomplish rescission, but they _ should be followed up by the Rehabilitation Officer to obtain written rescission. C. Preparing for Loan Settlement. The following actions shall be taken in preparation for loan settlement: 1. Establish a date for loan settlement. 2. Prepare a promissory note and/or lien in accordance with the form of promissory note approved by the City Attorney's office. Also prepare _ the following documents: a. Truth in Lending Statement. b. Right of Rescission. c. Public Body's Certification for compliance with Truth in Lending Act. d. Terms/Conditions. e. Affirmative Marketing Plan/Tenant Assistance Plan (applies only to rental property). f. Contract with Proceed to Work. g. Lead-based Paint - notification. -12- 3. Instruct the borrower to obtain: a, original and memorandum copy of insurance policies for fire and extended coverage that provides coverage in accordance with the local coinsurance clause percentage of the value of the property, or an insurance binder or other evidence of insurance. The binder shall show that the City is mortgage/lien holder. D. Advise the borrower with regard to: 1. Name of the loan servicer to whom monthly payment checks shall be made payable, where to send the first and subsequent monthly pay- ments, and the obligation to remit the first monthly payment even though the borrower may not receive a payment notice. 2. Need to make all monthly payments on the date due to avoid legal action. E. Obtain borrower's signature on proceed order and hold until the borrower's Right of Rescission has expired, F. The rehabilitation staff or designee shall record all recordable instru- ments after expiration of the Right of Recision. G. Disposition of Funds Statement. After all funds have been disbursed from the rehabilitation escrow account and the account has been closed, the rehabilitation staff shall prepare a Disposition of Funds Statement in which the Rehabilitation Officer shall account for the disposition of the full loan amount and any other funds deposited in the rehabilitation escrow account for the borrower. H. Transmittal Requirements. After final payment for all rehabilitation costs, the rehabilitation staff or designee shall transmit the following documents to the applicant: 1. Disposition of Funds. *716 -33- 2. Certificate of Final Inspection. 3. Owner's Acceptance of Completed Rehabilitation. I. Adjustment and Closeout of Rehabilitation Escrow Account. If unutilized funds remain in the rehabilitation account because the actual rehabilita- tion costs were less than anticipated or for other reasons, the unutilized funds shall be disbursed as follows: _ 1. If all the funds were provided by a depreciating lien, the unutilized funds shall be returned to the CDBG General Account. _ 2. If all funds were provided by a combination of a depreciating lien — and private lender loan and/or private funds, the unutilized funds shall be disbursed to apply on a proportional basis to the private _ lender loan and/or private funds and the CDBG General Account. _ i - I -I -34- Chapter 8. Terms and Conditions Under Which Rehabilitation Loans and Grants are Made A. General. This chapter sets forth City requirements with respect to terms and conditions to which an applicant must agree in order to obtain a rehabilitation loan. B. Rehabilitation Loan Conditions. The specific terms and conditions with respect to rehabilitation loans to a residential property are incorpo- rated in Form CDR -7631, the mortgage or other security instruments as applicable, and the promissory note. 1. Cancellation Provision. The City has a right to cancel a loan or grant if within 60 days from the note's execution the rehabilitation work has not commenced. The City may extend the 60 -day period by not more than 30 days, due to unforeseen and extenuating circumstances. 2. Additional Extension. The Rehabilitation Officer shall not grant any further extensions of time without prior written concurrence by the CDBG Program Coordinator. If the loan or grant is to be canceled because of failure to begin anticipated rehabilitation work within the allowed period of time, the Rehabilitation Officer shall initiate cancellation. C. Interest Rate. The interest rate to the borrower shall be as stated in Chapter 5. D. Term of Loan, The maximum term for a City rehabilitation loan shall be as stated in Chapter 5, E. Points of Agreement. The applicant shall agree, as required by the related documents, to abide by the following terms and conditions: -35- 1. Civil Rights. Comply with all Federal and City requirements with respect to the Civil Rights Act of 1964 and the Civil Rights Act of 1968, to not discriminate upon the basis of race, color, creed, religion, national origin, age, sex, marital status, disability and sexual orientation, presence or absence of dependents, or public — assistance source of income, in the sale, lease, rental, use or occupancy of the subject property. — 2. Use of Proceeds. Use the loan proceeds only to pay for costs of — services and materials necessary to carry out the rehabilitation work for which the loan will be approved. 3. Completion of Work. Assure that the rehabilitation work shall be carried out promptly and efficiently through written contract. — 4. Ineligible Contractors. Not award any contract for rehabilitation work to be paid for in whole or in part with the proceeds of the loan to any contractor, who, at the time, is ineligible under the provi- sion of any applicable regulation issued by the Secretary of Labor to receive an award of such contract. S. Inspection. Permit inspection by the City or its designee of the property, the rehabilitation work, and all contracts, materials, equipment, payrolls, and conditions of employment pertaining to the _ work. 6. Records. Keep such records as may be required by the City with respect to the rehabilitation work. 7. Bonus Commission, or Fee. Not pay any bonus, commission, or fee for the purpose of obtaining the City's approval of the loan application, or any other approval or concurrence required by the City or its designee to complete the rehabilitation work, financed in whole or in _ part with the rehabilitation loan. ��, *70 -36- 8. Interest o�CityAllow no member of the governing body of the City who exercises any functions or responsibilities in connection with the administration of the concentrated rehabilitation project, and no other officer or employee of the City who exercises such functions or responsibilities to have any direct interest in the proceeds of the rehabilitation loan, or in any contract entered into by the applicant for the performance of work financed, in whole or in _ part, with the proceeds of the rehabilitation loan. 9. Preservation of the SecuritY. Maintain the property according to the requirements of the Housing Code and permit the City or its designee to inspect the property during the term of the loan. i10. Hazard Insurance. Maintain hazard insurance on the property with a loss payable clause to the City as applicable. 11. Transfer of the Property. Not sell, rent or transfer the property without repaying such portions of the loan as required by the terms of the loan, unless prior written consent of the City is sought received. and 12. Loan Security Requirements. Provide security for the loan, in the form of a mortgage on the property, if applicable. 13. Debtor'_ s Insurance. Maintain a debtor's life insurance policy in the amount of the mortgage or lien as applicable. 14. Flood_ Insurance. If property is located in a designated flood hazard area, the owner agrees to: (1) Purchase the requisite flood insurance coverage. (2) Renew and maintain the coverage so that the flood insurance Policy does not lapse during the term of the loan. (3) Provide proof of insurance coverage to the City. -37- 15. Lead-based Paint. It is understood that under Federal Conditions of Loan that any lead-based paint hazard must be corrected and that this may involve an additional loan or change order to correct the lead- based paint hazard. 16. Non -Discrimination in Contractin . Cooperate with the City to en- courage the use of minority and women's business enterprises and ^ locally owned businesses for the rehabilitation work to be financed with the loan. ^ 17. Historic Preservation. Cooperate with the City in complying with applicable local, state and federal historic preservation laws and ordinances. 18. Preservation of the Security. Maintain the property at the level required by the Housing Code Standards level and permit the City or its designee to inspect the property during the term of the loan. i 19. Special Conditions for Rental Rehabilitation Loans. In addition to �— the above: a. Condominium Conversion. Agree not to convert the units in the project to condominium ownership or any form of cooperative ownership not permitted by applicable federal regulations (24 CFR Part 511) for at least 10 years. b. Tenant Assistance Policy. Cooperate with the City in the provi- sion of assistance and information to tenants of the property as applicable (copy of Policy is attached as Exhibit 1). c. Affirmative Marketing Plan. Comply with the requirements for investor -owners contained in the City's adopted Affirmative Marketing Plan as applicable (copy of Plan is attached as Exhibit 2). �C4 4470 -38- d. Discrimination on the basis of handicap. Comply with the re- quirements of Section 504 of the Rehabilitation Act of 1913 prohibiting discrimination against individuals solely by reason of his/her handicap. e. Current Rental Permit. Maintain a current rental permit issued -- by the Department of Housing and Inspection Services. O 4 -39- Chapter 9. Recapture of Rehabilitation Assistance A. General. This section sets forth policies for recapturing funds from either a loan, depreciating loan or a life lien in the event the recipi- ent of assistance sells, transfers or ceases to occupy the dwellings during the specified period. — B. Applicability. All comprehensive rehabilitation assistance shall be — subject to recapture. C. Terms and Conditions. Recapture of funds shall be subject to the follow- ing: 1) All lien documents shall be filed three working days after loan closing. - 2) Liens can be subordinate to any private lender's home im- provement loan or mortgage as long as adequate equity exists in the property. 3) Conditions of the liens are as stated in Chapter 5. 2. Upon sale or transfer or termination of occupancy, all of the lien or the declining balance of the lien which remains outstanding shall be reimbursed to the City and a satisfaction of the lien shall be filed for record by the Operating Agency. 3. The lien document shall provide that it is the recipient's duty to notify the City of any sale or transfer of the property and to sat- isfy any outstanding obligation for reimbursement, and that failure to do so shall result in the entire amount of the financial assis- tance becoming due and owing without the benefit of the declining balance provisions of the lien being available to the recipient. X70 i _-I 6T* 4470 -41 - Chapter 10. Determining Work to be Done with Rehabilitation Financial Assistance — A. General. This chapter sets forth the responsibilities of the Rehabilita- tion Officer for determining the rehabilitation work necessary to bring a _ property into conformance with Housing Code Standards and for providing assistance in the rehabilitation of the property. In carrying out these responsibilities, the Rehabilitation Officer shall: 1. Inspect the property. — 2. Identify the required and desired work to be done to the property. _ 3. Consult with, advise and review with owner on work to be done and bid _ proposals. 4. Inspect work in progress prior to owner approving payments to con- _ tractors. — B. Initial Inspection. In the initial inspection, the Rehabilitation Offi- cer identifies deficiencies to be corrected in order to meet housing quality or code standards. The inspection findings are to be reviewed and discussed with the owner. In addition, the Rehabilitation Officer should outline any desirable general property improvements. The defi- ciencies shall be listed in accordance with program requirements, sepa- rating mandatory corrections of deficiencies from general property improvements or owner preferences. i a -h2- Chapter 11. Contracting for Rehabilitation Work 1. INTRODUCTION. This chapter sets forth requirements and procedures with respect to construction contracts for rehabilitation financed through a rehabilitation loan. Rehabilitation work shall be undertaken only through a written contract between the contractor and the recipient of the loan. Whenever possible the owner shall be encouraged to obtain his/her own bids and enter into the repair contract with little or no City involvement. The Rehabilitation Officer shall assist each applicant as needed, in arranging for and obtaining an acceptable construction J contract. a. Procurement of Bids. An acceptable contractor's bid and proposal must be obtained before approval of the rehabilitation loan. b. Form of Contract. The construction contract shall consist of a single document form provided by the City and signed by the contrac- tor and accepted by the homeowner, only following approval of the rehabilitation loan. It shall contain a bid and proposal by the contractor. 2. GENERAL CONDITIONS. The Rehabilitation Officer shall prepare "General Terms and Conditions" (Exhibit B, as provided by the Department of Plan- ning and Program Development) for use in all construction contracts for —' the rehabilitation of the property. Such contracts shall include hold harmless provisions relating to the contractor(s) and owner(s). 3. SPECIFICATIONS AND DRAWINGS. A deficiency list and illustrative sketches, if any, covering the specific rehabilitation work for each property on which a rehabilitation loan will be made shall be prepared by the Rehabilitation Officer or a designated professional. Drawings shall be prepared only when essential to show the scope of the work involved so that a fair bid for the work can be obtained, and to avoid misunderstand- ings with the bidder. The deficiency list and drawings shall be based on -43- the inspection of the property and interviews, as indicated, with the work to be done and the material and equipment to be installed. applicant. The deficiency list shall clearly establish the nature of the — 4. INVITATION TO CONTRACTORS FOR BID AND PROPOSAL. a. Contractor Selection. The owner shall be asked for the names of contractors he/she would like to bid on the repair of his/her prop- erty. If the owner does not know of any contractors, the staff shall provide the property owner with contractor names from the list of contractors maintained at the Department of Planning and Program Development. Said list shall include the names of minority and women contractors in the area. — b. Invitation to Bid. Once the contractors have been selected according to paragraph 4a. above, the homeowner shall contact the selected contractors and invite them to bid the proposed rehabilitation work. The homeowner shall negotiate with the contractors to obtain an acceptable bid. A minimum of two written bids is required. i c' Bid Review. Upon receipt of all bid proposals from the bidding con- i tractors, the homeowner shall review bids for completeness and accu- racy making special note to assure that the deficiency list has been adhered to. I d. Acceptable An acceptable bid is one that fulfills the require- ments of 4c. above and does not deviate from the Rehabilitation Officer's estimate by more than 10%. The bidding contractor shall provide a cost for each repair item. If the costs are not acceptable, the Rehabilitation Officer shall work with the homeowner and contrac- tor to negotiate a cost that is reasonable and acceptable to all Parties. i I 4� N1 ov ho -44- e. Maintenance of the Contractor's List. (1) The Rehabilitation Officer shall be responsible for maintaining a list of all contractors, including minority and female con- tractors, who have expressed an interest in bidding on repair construction and who can provide the following as contained on Form CDR -7946: (a) Adequate active liability insurance. (b) The name of his/her company bank. (c) The names of his/her usual subcontractors. (d) The names of his/her principal suppliers. (e) The names and addresses of at least two (2) recent residen- tial repair or construction jobs. (f) Iowa City contractor's license as applicable. (2) The Contractor List shall be maintained within the Department of Planning and Program Development office, open to public review. 6. AWARD OF CONSTRUCTION CONTRACT. The contract shall be awarded by having the applicant for the loan properly execute the contract with the assis- tance of the Rehabilitation Officer. oS* a. Award within 30 days of Cutoff Date. In order for the bid and pro- posal to be binding, the award shall be made within a period of 30 days from the cutoff date established by the homeowner for the re- ceipt of the bid and proposal, unless a later date is agreed upon in writing. 470 .Z'1.'C b. Contract Award. The award of a construction contract shall be accom- plished by the owner executing the original and two copies of the contract documents. The homeowner shall distribute the executed — contract documents as follows: (1) Executed original retained by homeowner. (2) Executed copy to contractor. (3) Executed copy to the City of Iowa City in care of the Rehabili- tation Officer. c. Issuance of Proceed Offer. At the time the award is made, the Reha- bilitation Officer shall remind the applicant and the successful — contractor that the undertaking of the work covered by the contract is subject to issuance by the owner of a proceed to work order, within the number of days stated in the general conditions of the contract from the date of the award. Upon award of the contract, the homeowner shall notify unsuccessful bidders that they have not been awarded the contract. 7. LABOR PERFORMED BY OWNER IN REPAIRING PROPERTY. a. Type of Work and Skill of Owner. A property owner may complete some or all of the tasks required to repair his/her property, if he/she has the degree of skill required to perform the work involved. Self- help is usually appropriate for the accomplishment of tasks of an unskilled nature such as general clean-up, demolition of small build- ings on a property, removal, cartage, and disposal of the debris, and for work that involves minimal use of costly materials and equipment. Work of a skilled nature and work involving the extensive installa- tion of costly materials and equipment are appropriate only if the Rehabilitation Officer is assured the property owner has the ability and experience required to do the work properly without supervision or that he/she has sufficient skill to do the work properly with technical advice and guidance from the Rehabilitation Officer, ps, �y 076 MIM b. Provision for Self -Help in Loan. Whenever self-help is necessary or desired and the Rehabilitation Officer considers that, with or with- out technical assistance and guidance, a property owner will be able to perform the work in a reasonably acceptable and expeditious man- ner, he/she may process an application for a loan on that basis. In such a case, the amount of the loan would provide funds to pay for the materials and equipment to be installed by self-help, as well as _ any additional funds needed to pay for other work to be performed by a contractor. The loan shall not include funds to pay the owner or members of his/her family for their labor. Further, the Rehabilita- tion Officer must exercise good judgement and prudence in order to avoid a situation in which an owner could place himself or herself in financial difficulty through improper use, installation or even de- struction of the materials and equipment purchased with loan funds. For this reason, the owner should understand that payment to the supplier for materials and equipment involved in a self-help will be disbursed from the loan account by the staff, only after the materi- als and equipment have been properly installed. I � I i i -a7- Chapter 12. Inspection of Rehabilitation Work 1. GENERAL. This chapter sets forth the requirements for the inspection of rehabilitation work financed in whole or in part with a rehabilitation _ loan. 2. RESPONSIBILITY FOR MAKING INSPECTIONS. The Rehabilitation Officer shall make inspections of construction work in cases involving a rehabilitation loan. To accomplish this, the Rehabilitation Officer shall make: (1) Compliance inspections, as necessary, to assure that the construc- tion work is being completed in accordance with the construction contract. (2) A final inspection to determine that the construction work has been completed in accordance with the construction contract. The Build- ing Inspector and any specialists from the Building Inspection Division, as may be required, shall accompany the Rehabilitation Officer on the final inspection and shall provide the Rehabilitation Officer with a written report of their findings. 3. INSPECTIONS FOR PAYMENT. Inspection of construction work shall be made in accordance with the following: a. Upon partial and total completion of the repair work and receipt of the contractor's invoice and appropriate lien waivers, the Rehabili- tation Officer shall arrange for inspection of the completed work. b. When the inspection determines that a portion of the work is satis- factorily completed, the contractor can request a partial payment. _. Partial payment requests shall be accompanied by lien waivers for work that was completed. -48- c. After receipt of a release of liens, including releases from all subcontractors and suppliers and a copy of each warranty, a request for final payment can be made after the request is approved by the Legal Department. 4. CERTIFICATION OF FINAL INSPECTION. After the Rehabilitation Officer determines that the rehabilitation work has been satisfactorily completed and the final inspection report obtained, the staff shall prepare a Form CDR -7945 (original and one copy). Distribution. Form CDR -7945 shall be distributed as follows: i (1) Signed original to the property owner. (2) Signed copy retained in the property file. 5. ONE-YEAR GUARANTEE ON WORK BY CONTRACTOR. All work performed by the contractor is covered by a one-year guarantee but property owners are not always aware that, for a period of one year, they may require the con- tractor to correct significant defects and inadequacies in the work I performed under this contract. For this reason, the Rehabilitation Officer shall inform the owner of the guarantee requirements upon comple- tion of the contract. The contractor must be given written notice of any defects with reason- able promptness. Should the contractor fail to answer or correct the defect(s) within a reasonable time, the City, at owner request, will assist owner in the following manner: (1) Staff members of the Department of Planning and Program Development will investigate the complaint. (2) If the staff finds the complaint to be invalid, owner will be so notified. or, *710 -49- (3) If the staff finds the complaint to be valid, the homeowner will direct the contractor to take necessary corrective action within a specified length of time. (4) If the contractor complies, the staff will reinspect the work and, _ if it is satisfactory, the owner will be expected to sign a written statement withdrawing the complaint. (5) If the contractor fails to respond to the request within the speci- fied length of time, the staff, upon owner request, will prepare a _ letter for owner's signature, notifying the contractor a second time that unless the complaint is abated by a specified time, a formal complaint will be filed with the City Attorney for appropriate action. (6) If the contractor fails to respond to the request for correction within the time specified: (a) The homeowner will take any necessary action to have the de- fects corrected, including but not limited to paying the rea- sonable costs of correcting work or materials determined by the homeowner to be defective. _. (b) The contractor may be prohibited by the City from contracting _. any other repair work under any loan program administered by the City. 6. REHABILITATION OFFICER - OWNER - CONTRACTOR RELATIONS. Rehabilitation Officer's Responsibility and Authority: The Rehabilitation Officer shall observe the work on behalf of the City, and will provide general assistance during construction insofar as proper interpretation of the loan requirements is concerned. oC-* 4A70 -50- itation Officer and owner shall decide, when necessary, any stions which may arise as to the quality and acceptability of irnished, work performed, interpretation of work items on the ist and all questions as to the acceptable fulfillment of the the part of the Contractor. tation Officer will not be on the construction site at all such cannot be responsible for the acts or omissions of the r his/her employees. For the same reason acceptance by the the City of the contractor's work performed, does not re- ntractor from the responsibility to provide quality perform- :ontract specifications. 070 -51 - Chapter 13. Grievance Procedure I. COMPLAINT TO CITY MANAGER The City Manager shall review and hear the complaint of any person ag- grieved by the Department of Planning and Program Development or the Housing Commission in the handling of the application for and processing of assistance under rehabilitation programs funded by the CDBG and Rental — Rehabilitation Programs. 2. PROCEDURE a. Filing. A grievance must be filed at the Office of the City Clerk for the City of Iowa City. Grievances shall be filed in a timely manner and must be received by the City of Iowa City within ten days of the denial of an application for rehabilitation funds or within one year of final payment by the City of grant and/or loan subsidy funds in connection with rehabilitation work. The communication of - the action shall be in written form and should contain a short, concise statement of the grievance and explanation of action desired. The aggrieved person may seek the assistance of the staff of the Department of Planning 8 Program Development in filing of an action. No filing or processing fees shall be required of any aggrieved person. b. Notice. The City Manager shall fix a reasonable time for hearing ac- tions and the Department of Planning & Program Development shall give notice in writing of the time and place of the hearing to the ag- grieved person. In no event shall the hearing be held more than 30 — calendar days following receipt of the grievance at the Office of the City Clerk. At the hearing, the aggrieved may appear in person, by _ agent or by attorney. If the grievance is resolved prior to the date of the hearing, the aggrieved party shall request in writing that the grievance be withdrawn. 070 -52- 3. REVIEW OF COMPLAINTS a. The City Manager shall review complaints concerning: -The sufficiency of the application for assistance; -The eligibility of the application for assistance under the pro- ject; -The amount of the loan subsidy allocated or received son; by said per- -The quality and appropriateness of the work designated to be done; -The adequacy of the information and assistance concerning the pro- ject which is furnished b _ y the Department of planning and program Development. I -The appropriateness of the action of the Housing Commission. b. Staff In exercising his powers and duties, the City Manager Shall be guided by the following standards: 1. Persons eligible for grant or loan subsidies under provisions specified In rehabilitation programs operated by the Department i Of Planning and Program Development and funded by the Community - Development Block Grant Program and the Rental Rehabilitation Program, shall have full right to a grant or subsidized loan sufficient to accomplish the purposes intended by the applicable program within the limitations specified therein. 2. Eligible persons should be provided adequate assistance in deter- mination of improvements that are needed and eligible, and tech- nical assistance related to cost estimates, contract negotiation and payment of contractors for work completed. 4470 _I -53- 3. Service should be provided by the Department of Planning and Program Development in such a way to assure that the administra- tion of the program will not result in different or separate treatment on account of age, race, color, creed, religion, na- tional origin, sex, source of income, marital status, sexual orientation, disability or handicap, or presence or absence of dependents. 4. Eligible persons should be provided full information and advisory services relating to the programs and the way in which they may benefit from them. 5. Assistance to eligible persons should be provided as promptly as possible within the priority guidelines established by the pro- ~_ grams and the time limitations of the staff assigned to the program. 4. COMPLAINT RULING The City Manager shall inform the complainant in writing within ten days of the hearing as to the resolution of the complaint. If the complainant is not satisfied with the outcome of the appeal, he/she may appeal to the U.S. Department of Housing and Urban Development. Q�4 f 7e APPENDIX *7a EXHIBIT 1 TENANT ASSISTANCE POLICY FOR RENTAL REHABILITATION PROGRAM CITY OF IOWA CITY, IOWA 1. Purpose This policy is established to conform to the requirements of the U.S. Department of Housing and Urban Development (HUD) for the Rental Reha- bilitation Grant Program at 24 CFR 511.10(h)(2) It sets forth the relocation assistance and other assistance which the City of Iowa City will provide for displaced tenants who reside or will reside in proper- ties to be rehabilitated under the Rental Rehabilitation Program. 2. Applicability This policy applies only to those residential tenants who lawfully reside or plan to reside in a property to be rehabilitated under the City's Rental Rehabilitation Program. 3. Definitions of Displacement Affordability, Independent For purposes of this program the following definitions shall aePly: "Displacement" results if a lower income family is forced to move permanently from a project isa direct consequence of rehabilitation. assist�un�r this program. "Affordable rent" means that the sum of the utility allowance and lhe_ rent pale monthly by__the_tenant tc the owner after rehabilitation is at or below the —greater of the sum of the utility ,allowance. and (l] the tenant's rent prior to rehabilitation or (2j_the Total Tenant Payment_(as defined in 224 CFR 813.102) For the purposes of this policy, a tenant will not be considered displaced if the tenant is offered a decent, safe and sanitary dwelling unit in the property undergoing rehabilitation at defined by HUD. an affordable rent, as "Inde endent" single kerson is an individual not claimed by-1not,)Ler de_.a� a- 4. en_or income tax-urRoses. 4. General Policy on Displacement It is the City's policy to minimize, to the greatest extent possible, the displacement of persons from their homes and neighborhoods through the implementation of its housing and community development projects. Consistent with this policy, the City will review each rental rehabilita- tion proposal for its impact on displacement. In particular, the City will review each proposal to determine if it will result in a dispropor- tionate number of persons of a particular race, color, religion, sex, age, handicap or national origin being displaced. A priority will be given to proposals which do not involve tenant displacement. In any case, no proposal will be accepted if the proposed rehabilitation will cause the displacement of very low-income families, as defined by HUD, by families who are not very low-income. _.T 5. Current Tenants This section applies to tenants who reside in a property to be _ rehabilitated at the time that the application for rental rehabilitation assistance is approved. The period of eligibility for relocation advisory and financial assistance will be from the date of loan settle- _ ment through the date of completion of the rehabilitation. Thereafter, the City assumes no responsibility for providing tenant assistance. a. The City will issue a written notice to each tenant who resides in — the property, within ten (10) days of the approval of an application for rental rehabilitation assistance. Such notice will explain the proposed rehabilitation project, state the tenant's right to continue — in occupancy, subject to the terms of any existing lease, and describe the availability of information and counseling about housing assistance provided by the City. Section 8 housing vouchers will be offered to those eligible tenants who will continue to reside in the — property during and after the rehabilitation. No additional cash assistance will be offered to such tenants, nor will financial assistance be offered to other tenants who remain in the property. _. $jngle, non-elderly_indeQendent tenants may be eligible for a Section_ 8 voucher if they reside in a unit to be rehabilitated at the time of loan settlement_ Preference for vouchers will beyiven to single, (Llders/handicapped rersons and to two or more person families. b. If, during rehabilitation, temporary tenant displacement is unavoid- able.Las determined by City staff), the landlord shall be responsible far any reasonable, additional ccosts incurred 'S shall tenant._due_to the temporary_displacement. c. If permanent displacement is unavoidable in order to accomplish a particular rental rehabilitation project, the City will issue a written notice to the tenant(s) to be displaced within ten (10) days of the approval of an application for rental rehabilitation assis- tance. Such notice will explain the proposed rehabilitation project, state that the tenant must be displaced, and describe the availabil- ity of relocation advisory assistance provided by the City. Unless there is an urgent need for the property to be vacated (e.g., because - of substantial danger to health or safety) or the tenant is evicted for cause, the tenant will be given at least 90 days advance notice of the earliest date by which the property must be vacated. _ Relocation advisory assistance will include, but is not limited to, the following: (1) Information and referral about the availability of comparable replacement housing in the area that is decent, safe and sanitary and that is affordable to the tenant. (2) Information and referral to the staff of the Iowa City Human Rights Commission concerning tenants rights under the federal _ Fair Housing Law and Iowa City Human Rights Ordinance. (3) Information on how to search for suitable replacement housing. ��4 *70 3 Relocation financial assistance to be provided by the landlord will include the following: ed for (1) actua reasonabense pe owing and herelatedtexpenlseseacco things to the following schedule: Number of rooms excludin Maximum payment a ways an ciosecs� 1 $175 2 $240 3 $295 4 $340 5 $375 6 or more $400 and either — (2a) Sections Vouchers of Famil Partici ation, to be provided Jy the ts wi a offered ti a —Sec -Con 8 City. E agib a tenan certificate or voucher consistent with the requirements of that program. Sjnglg,—non-elderly, independent tenants may be eligible for Section 8 vouchers _as under 5.a. or — — li - (2b) Cash rental assistance. Tenants who are not offered or e ig b e to receive a Section 8 voucher, or for wham no vouchers are available, and who cannot afford suitable replacement housing, will be eligible to receive a lump sum payment not to exceed $4,000. This amount is determined in the same manner as a Replacement Housing Payment for Rental Assistance (see 24 CFR 42.453, HUD Uniform Act Regulations). This p�ment shall also be the responsibiliy of the landlord. Relocation financial assistance will only be disbursed upon verification that tenant has secured decent' the displaced t, safe and sanitary replacement housing. The City will assist the tenant and the landlord to comply with the requirements of the HUD Uniform Act Regulations relating to tenant reloca- tion. 6. Subsequent Tenants This section applies to tenants who will reside in a property to be rehbilitate the The period application oeligibili ty lforeassistanceowillsbetfrom completion of the the date of application approval through the date of rehabilitation. Thereafter, the City assumes no responsibility for providing tenant assistance. Within ten (10) days of receiving notification from the he rental property owner that a new tenant has moved into the property, Y ssue a written notice to each new tenant. Such notice will explain the rehabilitation project, state the tenant's right to continue in occu- pancy, subject to the terms of any lease, and describe the availability of information about the rental rehabilitation program. #7d _I 4 7. Nondiscrimination This Tenant Assistance Policy will be administered in full compliance with Executive Order 11063, Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968 to ensure nondiscrimination in the provision of information, counseling, referrals or other relocation services to persons displaced and assisted through the Rental Rehabilita- tion Program. 8. Public Notice and Review Copies of this Tenant Assistance Policy will be made public and available for citizen review, upon request, in the offices of the City Clerk and — the Department of Planning and Program Development. „ 9. Appeals Any displaced tenant who believes that the City has failed to provide reasonable housina asssistance under the terms of this policy may file a _ wri en appeal to the City Manager at any time within 90 days of the date of their move from the property being rehabilitated. Within 30 days of _ the filing of an appeal, the City Manager will provide the appellant with a written explanation of how the City determined their housing assis- tance and will provide the appellant with an opportunity to have a _ hearing before the City Manager, Landlord's Understanding I have read and understand the above policies and requirements regarding tenant assistance and the HUD Uniform Relocation Act. Date ��4 ON EXHIBIT 2 AFFIRMATIVE MARKETING PLAN FOR RENTAL REHABILITATION PROGRAM CITY OF IOWA CITY, I041A 1. Purpose This AffirmativeMarketing Plan is designed to conform to the require- ments of the U.S. Department of Housing and Urban Development (HUD) published at 24 CFR 511.10(m)(2). The plan sets forth the City of Iowa City's procedures and requirements, as administered by the Department of Planning and Program Development, for affirmatively marketing vacant housing units rehabilitated or proposed to be rehabilitated through the Rental Rehabilitation Program. 2. General Policy It is the City's policy to attract eligible persons from all racial, ethnic and gender groups in the Iowa City housing market area to housing that is assisted through programs administered by the City. To this end, the City will make every effort to assure that individuals who normally might notapply for vacant rehabilitated units because of their race, ethnicity, religion, sex or handicap: -know about vacancies. -feel welcome to apply. -have the opportunity to rent the units. The City will work with participating rental property owners to ensure that units rehabilitated under this program are made available to all persons on an equal basis. 3. Outreach to the Public owners and Potential Tenants - City Procedures a. Media. The City will utilize local media to advertise (1) the availability of rehabilitation grant assistance for rental properties and (2) the availability of vacant housing units in rehabilitated properties. Press releases will contain the Equal Housing opportu- nity slogan and a statement of affirmative marketing policy. Display ads, posters and other published materials will contain the Equal Housing Opportunity logo and slogan. The following media will be used for display advertising: Iowa City Press -Citizen and Daily Iowan - newspapers Local government access channel - cable TV Press releases from the City are received by all area print and electronic media. b. Other Means. The City will utilize other appropriate methods to inform the public. This may include personal and written contact with organizations, such as those listed below, encouraging them to make information on the vacant units available to all persons on an equal basis. a'' 0710 _1 2 ki Business organizations - Iowa City Board of Realtors, Iowa City Apartment Owners and Managers Association and local lending institutions. University organizations - Housing Clearinghouse and the Protective Association for Tenants, Iowa Memorial Union; the University of Iowa Financial Aid Office, Calvin Hall; and the Housing Assignment Office, Burge Hall. Other organizations - Crisis Center; HACAP Center and the City of Iowa City Assisted Housing Division. The Assisted Housing Division will be of particular value in that it serves as the local PHA, receives referrals through a network of local human service agencies and maintains a current waiting list of _ Section B eligible tenants. Meetings of the Iowa City Housing Commission and Committee on Community Needs, which are open to the public, will serve as another forum for announcing the availability of rental rehabilitation grant assistance and discussing the City's affirmative marketing policy for the program. Other public meetings will be scheduled to explain the Rental Rehabilitation Program to owners and tenants and discuss the affirmative marketing policy and requirements of local and federal fair housing laws. The staff of the Iowa City Human Rights Commis- sion may be called upon to assist in explaining fair housing laws and to review potential housing discrimination practices. 4. Requirements and Procedures for Owners Property owners who participate in the Rental Rehabilitation Program will be required to comply with the following affirmative marketing practices and procedures with regard to vacant housing units: a. Include the Equal Housing Opportunity logo and slogan or statement in all advertisements for vacant units in local media and printed materials. b. If a rental office is utilized or operated by the owner, whether on or off premises, display fair housing posters in a conspicuous place. c. Use the Assisted Housing Division's waiting list of Section 8 eligible tenants as a source of referrals for the initial rent -up of vacant rehabilitated units. d. Provide written assurance to the City that vacant units will be made available to prospective tenants on a non-discriminatory basis. e. Maintain records of all efforts to affirmatively market vacant units. For example, copies of newspaper ads and documentation of the owners' contacts with the local business, University and community service organizations and other efforts to publicize the availability of the vacant units. f. Enter into an agreement with the City certifying compliance with items 4a -e above for a period of at least seven years from the date of completion of the rehabilitation. 3 5. Special Outreach Efforts If, during the course of administering e Rental it is determined that special Outreach efforts are neededitation Pro tract Persons of particular racial, ethnic or gender groups to vacant units in rehabilitated projects, the Ciat ty will; -determine which groups(s) needadditional outreach and contact service organizations, these group(s), churches, and University clubs servicing — -notify the business, University and community service organizations listed in Section 3b above of the special outreach needed. _. -assist owners to locate prospective tenants by making referrals from the Assisted Housing Division's waiting list and target advertising as needed to expand the list. The City will require that owners begin their special immediately upon learning that a outreach efforts vacanc Owners request a 30 -day notice from current tena tswplanningur. to terminatestheir tenancy so that the outreach efforts can begin before advertising to the general public. � 6. Recordkee in P Requirements � All records ertaininto the racial, ethnic and genderfirmative characteristicsiof tenants be oreefforts Ofeandtaftan errehabilitation, as well'as those who are displaced, will be maintained b . the City in accordance with HUD Regulations at 24 CFR 51171. The City Will ensure that owners also maintain records to document their affirma- tive marketing efforts. (See Section 4 above.) The City will maintain records of the following: -press releases and newspaper ads. -copies of notices and documentation of contacts with the business, University and community service organizations listed in Section 3b. -documentation of interviews with tenants. 7. Assessment of Affirmative Mark t' Efforts The City will conduct an annual assessment of the effectiveness of its affirmative marketing efforts for inclusion in the Rental Rehabilitation Program annual performance report to HUD. At a minimum, the assessment will include: a• A summary of good faith efforts by the City and participating rental property owners to affirmatively market rehabilitative units. ®� A\ *7d 4 To determine if good faith efforts have been made the City will compare information contained on the records to be kept, as deter- mined by Section 6, with actions that were taken to carry out the procedures in Sections 3 and 5. If the required steps were taken, the City will determine that good faith efforts have been made. b. The results of the affirmative marketing efforts in terms of the race, ethnicity and gender of the heads of households occupying rehabilitated units. To determine results, the City will examine whether or not persons from the variety of racial, ethnic, religious, gender or handicapped groups in the area applied for or became tenants of the units that were affirmatively marketed. If it is found that a variety is repre- sented, particularly the targeted groups determined to be in need of outreach, the City will assume the procedures were effective. If it is determined that a participating rental property owner is not making good faith efforts to affirmatively market vacant units, the City will take the following corrective actions: a. The City will issue a written notice to the owner stating his/her noncompliance with the terms of the rental rehabilitation grant agreement and corrective actions (e.g., advertising) which must be taken by the owner within a specified period of time, not to exceed 60 days. b. Continued noncompliance within the specified time period and, thereafter, during the term of the rental rehabilitation grant agreement, will result in the City taking legal action to recover 100,% of the rental rehabilitation grant assistance for the owner's project. All cases of apparent discriminatory practices by owners will be referred to the Iowa City Human Rights Commission for review and remedial action under the housing provisions of the Iowa City Human Rights Ordinance. A. Public Notice and Review Copies of this Affirmative Marketing Plan will be made public and available for citizen review, upon request, in the offices of the City Clerk and the Department of Planning and Program Development. I acknowledge receipt of this marketing plan and hereby will comply with items 4a -e for seven years from the date of completion of the rehabilitation. Owner Owner Witress Date Rev. 1-A5 TABLE OF MEDIAN INCOME GUIDELINES FOR IOWA CITY FAMILY SIZE 50% % OF MEDIAN INCOME 6O% 80% 100% 1 12,000 14,400 19,200 24,000 2 13,700 16,440 21,950 27,400 3 15,450 18,540 24,700 30,900 4 17,150 20,580 27,450 34,300 5 18,500 22,220 29,150 37,000 6 19,900 23,880 30,900 39,800 7 21,250 25,500 32,600 42,500 8 22,650 27,180 34,300 45,300 EXHIBIT 3 f-70 CITY IOWA CITY "403 Area" Boundary 1 • lower Ralston Creek 2• Iowa Avenue 3•MIIIer Orchard r NEIGHBORHOOD IMPROVEMENT r AREAS MAP 2 IOWA CITY RENTAL REHABILITATION TARGET NEIGHBORHOODS Expanded Areas 4470 RESOLUTION DEFEATED RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF I014A CITY, IOWA, AND BANC IOWA. WHEREAS, the City of Iowa City is the owner and holder of a forgivable rehabilita- tion loan in the amount of $9,000, executed by Michael Foster and Marilyn Foster, dated May 14, 1984, and recorded May 18, 1984, in Book 699, at page 113, in the Johnson County Recorder's Office covering the following -described real estate: Lot 7, Block 9 Rundell, an Addition to Iowa City, Iowa, according to the recorded plat thereof, and WHEREAS, Banc Iowa of Iowa City, Johnson County, Iowa, intends to loan an addi- tional sum of $10,000 on a promissory note to be executed by Michael Foster and Marilyn Foster, secured by a mortgage covering the real estate described above, and WHEREAS, Banc Iowa has requested that the City execute the attached subordination agreement thereby making said rehabilitation loan held by the City subordinate to the lien of said second mortgage to be made by Banc Iowa, and WHEREAS, there is sufficient value in the above-described real estate to secure said rehabilitation loan as a third lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor is authorized to execute and the City Clerk to attest said Subordination Agreement between the City of Iowa City and Banc Iowa of Iowa City, Johnson County, Iowa. It was moved by McDonald and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this day of , 1987. MAYOR ATTEST: PAmtvad u Alt�nwev Ry iho LoIIai beFmrtmant ,l 3Zdg l�� __7 SUBORDINATION AGREEMENT AGREEMENT made this day of , 19 , between the City of Iowa City, Johnson County, Iowa, herein referred to as the City, and Banc Iowa of Iowa City, Johnson County, Iowa. IT IS AGREED AS FOLLOWS: WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $ 9,000.00 executed by Michael Foster and Marilyn Foster , dated May 14 1984, and recorded May 18 19-jg, in Book 699 , at page 133 , in the Johnson County Recorder's Office covering the following described real estate: i Lot 7, Block 9 Rundell, an Addition to Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, Banc Iowa is about to loan the sum of $ 10,000.00 on a promissory note to be executed by Michael Foster and Marilyn Foster , secured by a mortgage covering the real estate described, and WHEREAS, to induce Banc Iowa to make such loan it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the mortgage about to be made by Banc Iowa. For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, the City agrees as follows: * �/ 2 1. Subordination. The City hereby covenants and agrees with aar.c Iowa. that the above-mentioned rehabilitation loan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by Banc ;owa 2. Consideration. In consideration of the City subordinating the rehabilitation loan held by it to be the mortgage of Banc Iowa, Banc Iowa shall make the above-mentioned loan to Michael Foster and Marilyn Foster 3. Mortgagee. The mortgage to Banc Iowa shall variable be in the amount of $ 10,000.00 with interest at percent due and variable payable to _ monthly installments and the City hereby acknowledges the notice of the mortgage and acknowledges it as a lien superior to the rehabilitation loan of the City. 4. Binding effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. CITY OF IOWA CITY Mayor ATTEST: City Clerk P.=Ivod E Approvoa By The Kegel Depadmoni z zG 41/ STATE OF IOWA SS: JOHNSON COUNTY _I 3 On this day of , 19 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and to me personally known, who, being by me duly sworn, id say that they are the Mayor and City Clerk respectively, of said municipal corporation executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said and as such o acknowledge thF execution of said instrument to --Fe the voluntary act and deed of said municipal corporation, by it and by them voluntarily exe- cuted. Notary Public in and for said State �, 0 City of Iowa City MEMORANDUM Date: March 27, 1987 To: City Council From: Pam Barnes, Housing Rehabilitation Officer Re: Subordination Agreement for Foster property Michael and Marilyn Foster participated in the City's Housing Rehabilita- tion Program in 1984. When the Fosters refinanced their first mortgage in 1985, the City subordinated its lien to Banc Iowa (new first mortgage). This re-established the City in its second lien position. The City has recently been contacted again by Banc Iowa because the Fosters are borrow- ing $10,000.00 to build a two -car garage. Banc Iowa would like the City to subordinate and take a third lien position. The current first mortgage held by Banc Iowa is $28,800.00. The current balance on the City's lien is $9,000.00. Proposed second loan by Banc Iowa is $10,000.00. This gives a total indebtedness of $47,800.00. The current tax assessed value is $48,520, which does not include the value of a new two -car garage. Banc Iowa first mortgage $28,800 City's lien 9,000 Banc Iowa proposed lien 10000 3x I M8 The housing rehabilitation lien is a forgivable one, which will be fully depreciated in May 1989. The City normally takes second lien position to an existing mortgage. We have not previously taken third position on any lien. AI/sp # 71 _I -I Posted: 4/6/87 8:30 a.m. (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: April 7, 1987 r Time of Meeting: 7:30 p.m. Place of Meeting: Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: Procedure to initiate the FY87 Alley Paving Assessment Project. - Preliminary resolution for construction. - Resolution fixing values of lots. - Resolution adopting preliminary plat and schedule, estimate of cost and proposed plans and specifications. f - Resolution of necessity (Proposed). J! Such additional matters as are set forth on the addi- tional 23 page(s) attached hereto. (number) i This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. Cic,y' Clerk, Iowa City, Iowa 41" Co ,, I -� 11 IUMe. Smith 6 nllb .. I-. ' pit hwm" I ' 070L ),I April 7 , 1987 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor Ambrisco , in the chair, and the following named Council Members: Ambrisco Courtney Dickson McDonald Strait Zuber Absent: Baker -1- Ahlm, Cawxn Dai 114 NMI.. Smith 6 Allhn, Sn•1�o, On MoiM lox, Oat -I _.T McDonald introduced the following Resolution entitled "PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF STREET IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA", and moved its adoption. Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Strait, Zuber, Ambrisco, Courtney, Dickson, McDonald. NAYS: None. ABSENT: Baker. Whereupon, the Mayor declared the resolution duly adopted as follows: Res. #87-65 PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF STREET IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA WHEREAS, this Council, after a study of the requirements, is of the opinion that it is necessary and desirable that portland cement concrete paving be constructed within Iowa City, Iowa, as hereinafter described; and WHEREAS, it is proposed that said project be constructed as a single improvement under the authority granted by Division IV of Chapter 384 of the City Code of Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY � OF IOWA CITY, IOWA: Subdivision A. That Iowa City, Iowa, construct portland cement concrete paving, as hereinafter described. Subdivision B. The beginning and terminal points of said improvements shall be as follows: Construction of portland cement concrete alley pavement Class C, six (6) inches thick and incidental related work in the alleys on the blocks as follows: Alley South off Bowery between Dodge & Lucas (West side from existing pavement South and East side from existing pavement South). Alley, Block 62, Original Town, between Washington & College from Linn to Gilbert (North side and South side). - 2- Ahlen. C�,, Ib Jm 11".. 5m1h A Allb . W rM fln AYAnn, k j 0 lot, Alley, Block 9, Lyon's 2nd Addition from Bowery South to South property (East side and West side). Subdivision C. That the City Engineer of Iowa City, Iowa, having been employed as engineer to prepare plats, schedules, estimates, plans and specifications and otherwise to act in said capacity with respect to said project is hereby ordered to prepare and file with the Clerk preliminary plans and specifications and estimates of the total cost of the work and the plat and schedule of special assessments against benefited properties. Subdivision D. That this Council hereby determines that t all property within the area hereinafter described will be specially benefited by said improvements, to -wit: All property within the block improved abutting along the alley improvements Subdivision E. The said improvement shall be designated as the "FY87 Alley Paving Assessment Project", and such name shall be a sufficient designation to refer to said improvement in all subsequent proceedings. PASSED AND APPROVED this 7th day of April 1987. ATTEST: c 1 kk -3- ALIe" Cowry, O M"IM 140tl Smith A Allbeq bww", U Aldan, baa •, *• A. McDonald introduced the following Resolution entitled "RESOLUTION FIXING VALUES OF LOTS" and moved its adoption. Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Strait, Zuber, Ambrisco. Courtney Dickson, McDonald. NAYS: None. ABSENT: Baker. i Whereupon, the Mayor declared the resolution duly adopted as follows: j Res. k 87-66 RESOLUTION FIXING VALUES OF LOTS I WHEREAS, this Council after full investigation, has arrived at a determination of the value of each lot located within the FY87 Alley Paving Assessment Project, said valuation being set forth in a preliminary schedule entitled "Schedule of Assessments", under the column therein headed "Property Value": 1 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said schedule of values, hereinabove referred to, be and the same is adopted as the valuations of the lots, with the proposed public improvements completed, within the boundaries of said improvements and the Clerk is hereby directed to forthwith deliver the same to the City Engineer, for said project, said Engineer to insert said values in the schedule of assessments which is to be prepared and filed with this Council. PASSED AND APPROVED, this 7th day of ARril 1987. Mayor ATTEST: Clerk A ,N Cu ,Do.11IMMIS4 AFAllb , h., k.*713 JMI _A J )RM .�.,,,M„,��, � LAB TARGET SERIES MT -8 fillIECEDING, DOCUMENT i7 McDonald introduced the following Resolution entitled "RESOLUTION FIXING VALUES OF LOTS" and moved its adoption. Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Strait Zuber. Ambrisco Courtney. j Dickson, McDonald. NAYS: None. ABSENT: Baker. i Whereupon, the Mayor declared the resolution duly adopted as follows: Res. H 87-66 I RESOLUTION FIXING VALUES OF LOTS WHEREAS, this Council after full investigation, has arrived at a determination of the value of each lot located within the FY87 Alley Paving Assessment Project, said valuation being set forth in a preliminary schedule entitled "Schedule of Assessments", under the column therein headed "Property Value": NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said schedule of values, hereinabove referred to, be and the same is adopted as the valuations of the lots, with the i proposed public improvements completed, within the boundaries ! of said improvements and the Clerk is hereby directed to forthwith deliver the same to the City Engineer, for said project, said Engineer to insert said values in the schedule of assessments which is to be prepared and filed with this Council. PASSED AND APPROVED, this 7th day of April___ 1987. Mayor ATTEST: I ,) � Cler�k -4- Alm Cowry, Mmnlet J", Smit A Alp , I rn M nvirmt, b. *73 McDonald introduced the following Resolution entitled "RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE FY87 ALLEY PAVING ASSESSMENT PROJECT" and moved its adoption. Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Strait, Zuber, Ambrisco, Courtney Dickson McDonald. NAYS: None. ABSENT• Baker. Whereupon, the Mayor declared the resolution duly adopted as follows: Res. N 87-67 RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE FY87 ALLEY PAVING ASSESSMENT PROJECT WHEREAS, this Council has caused to be prepared preliminary plat, schedule and estimate of cost, together with plans and As3 sessmentProject, and this ons, for the tCouncil has fixed 8the lvaluations of the property proposed to be assessed as shown therein; and WHEREAS, the Council finds that each lot separately assessed in the schedule of assessments meets the definition of a lot as described in Iowa Code Section 384.37(5) or in the case of lots consisting of multiple parcels that the parcels have been assembled into a single unit for the purpose of use or development; and WHEREAS, said plat and schedule, estimate of cost and plans and specifications appear to be proper for the purpose intended: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said plat and schedule, estimate of cost and plans and specifications be and the same are hereby adopted as the proposed plat, schedule, estimate of cost and plans and specifications for said improvements and are hereby ordered placed on file with the Clerk for public inspection. -5- AW. C". q.mmle{ 11"'.. Smuh A Allhm, Ilx�en, Dy h4vryy, k., *7f4 BE IT FURTHER RESOLVED, that the boundaries for the making of said improvements, as shown in the Engineer -s plat, be and of the District said Fbe the same are hereby fixed as the boundaries for Alley Paving Assessment Project. PASSED AND APPROVED, this 7th da 1987. Y of _Aori_-_ Ma or j ATTEST: i I . l i I I , I I f I ' I i I �� C°°'KY. UoMtiln IYlry� Sm'Ih A NI6eG I�nl�'M1 Dn AWnM1 Imr, 1i Resolution entiDtled "RESOLUTION OF1NECESSITY (PROPOSED)"ngand moved its adoption. Dickson to adopt. The roll was called and the vote wasonded the motion AYES: gait ZUh r Ambrisco, Courtney, Dickson McDonald. NAYS: None. ABSENT: Baker. Whereupon, the Mayor declared the resolution duly adopted as follows: Res. N 87-68 RESOLUTION OF NECESSITY (PROPOSED) WHEREAS, preliminary plans and specifications and plat and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the district, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an estimate of the cost of the entire proposed improvements, stating the cost and of each type of construction and kind of materials to be used, eachalot, fortthefthe amount constructionpofpthedFY87bAlleyePavinggainst Assessment Project, as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, OF THE CITY BE IT RESOLVED BY THE COUNCIL OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct as a single improvement the FY87 Alley Paving Assessment Project, in Iowa City, Iowa. Said district containing the roies to be assessed set out and described in the followiingr"Notice to Property is Owners", set out in this Resolution. Said improvements within said District are located and described in the following "Notice to Property Owners", set out in this Resolution. i The method of construction shall be by contract. -7- MMC"..Mn I'tIU'N'5m'h A X111,, "x�en, Oe. AWiy�, Im., *I - -I Costs of said improvements will be assessed to the properties within the boundaries of the district. No property shall be assessed more than it is benefited by the improvements nor more than 25% of its value on the date of its assessment. Said assessment may include a ten percent Default and Deficiency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash collection Period made by property owners during the thirty day period and the sale of Improvement Bonds issued against assessments on benefited properties and the total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384.25, City Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. BE IT FURTHER RESOLVED, that this Council meet at 7:30 o'clock PM on on the 12th day of May the Council Chambers, Civic Center, 410 East WashingtonStreet, B for the purpose of hearing property owners subject to assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district. Unless a property owner files objections with the Clerk at the time of the hearing on this Resolution, he shall be deemed to have waived all objections pertaining to the regularity of the proceedings and the legality of using special assessment procedure. BE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be published and mailed as required by law of the pendency of this resolution and of the time and place of hearing objections thereto, and to the said preliminary plans and specifications, estimate of costs and to the making of said improvements; said Notice to be in substantially the following form: -8- AOm Cw . Wim ,n 114n, A .,, A AIIUrc. I.x�ell, pn AWrcA Nir.. 70 CITY OF CIVIC CENTER 41 I O W CITY O E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5COD NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolu- tion of Necessity, an estimate of costs and plat and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within the district as approved by the street improvementCouncil of Iowa City, Iowa, for a , designated as the FY87 Alley paving Assessment Pro- ject, of the types and in the location as follows: Construction of Portland cement concrete alley pavement Class C, six (6) inches thick and incidental related work in the alleys on the blocks as follows: Alley South off Bowery between Dodge and Lucas (West side from existing pavement South and East side from existing pavement South). i Alley, Block 62, Original Town, between Washington and s�de)ge from Linn to Gilbert (North side and South Alley, Block 9, Lyon's 2nd Addition from Bowery South to South property (East side and West side). That the proposed district to be benefitted and subject to assessment for the cost of such improvements are described as follows: All property within the block improved abutting along the alley improvements. at The Council will meet at 7:30 o'clock P.M., on the 12th day of May, 1987, 1eCouncil nlichbtiCivic Center, r 10 tto Iowa City, Iwaatwhme the owners property subject oassessment for the proposed improvements, or any other person having an interest in the matter may appear and be heard for or against the making of the Improve- ment, the boundaries of the district, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of Nearing he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Iowa City, Iowa. f� Tiur`waL,.y, iowa 7S i INTRODUCED AND PROPOSED at a of April 1987. meeting held on the 7th day I r Mayor J A\- T,,TEST: Cler -11- ANrry Cowry, Wr ,M 14yMr. A lh A Nlhrr. Iax�rrA Def AW wy, IIMA ��� CIG -3 4-85 STATE OF IOWA CERTIFICATE COUNTY OF JOHNSON ! SS 1, the undersigned certify that corporals aytrueCl rk of I complete co Iowa y portion attached Iowa Cit of the and com do hereby Proceedings of the Council of said Mu copy of the copy of the action taken b' and the same is Pality showing I at the meetin y said Council with true and complete attachment, which g held on the date respect to said and have not Proceedings remain indicated in the and all acOt been amended in full force thereat °r rescinded in an and effect, with a notice of meetin was duly and y way: that meeting was timely 9 and tentativeblicly held in accordance bulletin y served on each member of theagenda,l and theboard or other a copy of which princiblic and clearly desim�nent place easily access ibledton a said agendaal ff. bIc of the Councile(afor co that purpose at the vfonhe Council g attached hereto) Pursuant urs antY Of tto thea sheetrof ules P reasonableaadvthe rovisions of Chapter 21 twenty-four local j y -f Our hours notice to the public and Code of Iowa, f required by said Prior to the nd with commence media at least + attendance' I furtheraw acart. f th of the meeting as I therein members of the public present in their were on the date thereofadulhe individuals respective y offices as y named council vacancy cit indicatedlawfull possessed of proceedin s y existed except as may be stthedein,sthat no prayed org and that no controversy or liti existence threatened involvin 9ation is individuals named boundaries g the incorporation Pending, named thereinf the City or the ri ht� Organization, Positions. as officers to thei9 respective the pective WITNESS my hand and the seal of said affixed this 7th da he �� y April Municipality hereto 1987. . ^ _V L11 SEAL " lark, Iowa City, Iowa AA',n c °p'W. �Mnllf I4,M, l ah A Alllxn. 1,x a AIouN . bx, �7s RESOLUTION NO. 87_69 RESOLUTION AUTHORIZING EXECUTION OF OVERWIDTH PAVING AGREEMENT with Hunters WHEREAS, the City of Iowa City, Iowaopment Co, has negotiated an Agreement being attache Rto un thislResolution an by t is reference made a part hereof, a copy of said A reement: and, WHEREAS, the City Council deems it in the public interest to enter into said Agreement for overwidth pavement on Duck Creek Drive in Hunters Run Subdivision, Parts 2 & 3 Phase I, in Iowa City. Iowa i NOW, THEREFORE, BE IT RESOLVED BY THE CI --------------- TY COUNCIL: i 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreem�— with Hunters Run Development Co. 2. That the City Clerk shall furnish copies of said Agreement any citizen requesting same. to It was moved by Zuber and seconded b the resolution as rea e a o t y Court_ ncy _ that p e an upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Baker X -- Courtney X Dickson X McDonald X Strait X -- Zuber Passed and approved this 7th day of April 19 87 . A"74AR"q—A ATTEST: _ e A2 L11Y CLERK hbd PP^�ved H Deparment V76 Hunters Run Develowent Co. is the developer of m Subdivisipn. parts 33. phase I subdivision, an Addition to the City Iowa, according to the recorded plat thereof, and the City Council and the planning & Zoning Coadission of two City, quired, as a condition of the approval of said subdivision, that the ill Improve (luck Creek Drive by paving said street feet vide, back-to-back of the curb, respectively, and the City of Iowa City has agreed to reimburse the Developer for the Improvement which is in .cess of 28 feet in width and laid cost has led to be less than Twenty -Five Thousand Dollars 025,000, aM that equired, pursuant to Chapter 381 of the Code of Iowa, and the City of has determined that the cost of $15.25 par square exceed three thousand eight hundred dollars I is a fair and reasonable price for the cost of the additional ,iced. IEAEFORE AGREED, by and between the parties as follows: t the Developer shall contract for the paving of said street and shell I, for seeing that it Is paved, pursuant to the OrdinaMea, rules, and specifications of the City of Iowa City, Iowa. t upon completion of the paving improvement aha the acceptance of the street by the City of Iowa City, that the City of Iowa City $hall pay toper, the w of $15,25 per g yard not to seed three ht hundred dollars. ant for its share of the Improvement In excess of the width of 2B feat. is understood and agreed by and between the parties that nothing aired, nor shall the entering Into Of this agreement by the City of e deemed to constitute In any way a waiver of any Of the Ordinances, lotions or specifications of the City If Two City, aha the Developer ee to comply with all Ordinances, rules, regulations and specifications of Iowa City, and all of the Iowa of the State of INS. at Two City. Iwo, this 7th day of April A.D., IA CITY. IOWA #,o _-T __T RESOLUTION NO. 8787-70 RESOLUTION ADOPTING THE REVISED ANNUAL BUDGET, FY87, FOR PUBLIC HOUSING PROJECT IA -022003, IA05PO22004 AND IA05PO22005 WHEREAS, the City of Iowa City has in effect an annual contributions contract No. KC9166 for Project IAO22003, IA05PO22004 and IA05PO22005, and WHEREAS, the Department of Housing and Urban Development requires the adoption of the annual budget and any revision by formal resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, in its capacity of the City of Iowa City housing Authority, that; 1. The Revised Budget for the referenced projects as shown on the attached forms be adopted. 2. The proposed expenditures are necessary in the efficient and economical opera- tion of the Housing Authority for the purpose of service to low-income fami- lies. 3. The financial plan is reasonable in that: a• It indicated a source of funding adequate to cover all proposed expendi- tures. b. It does not provide for use of Federal funding in excess of that payable under the provisions of these regulations. 4. All proposed rental charges and expenditures will be consistent with provi- sions of law and the annual contributions contract. 5. The Iowa City Housing Authority is in compliance with Section 207(a) of the Annual Contributions Contract, which states in part that the Housing Authority Is re-examining the incomes of families living in the project at least once a year. It was moved by Strait and Resolution be adop e , an upon ro ca theresecoby Dickson the AYES: NAYS: ABSENT: X Ambrisco X Baker Courtney _X_ Dickson _� McDonald y Strait Passed and approved thisZuber 7th day of April 1987. MAYOR ATTEST: �„_• ✓ ✓ E J n CITY CLERK Rooms L Approves OY TIM Wal Departmont 'w--N?u , vi av°n+lxr Gr.11uxo wo pLw o[vnorwxr °"°c•`•°••°^•^ L MuUTI1Nc SI )GIr ie••+ City Housing Authority r. 1.... —I., June JO p 87 "' est vasnln9ton CIO ....... ®..m o. 1 Iowa City. IA 52240 KC -9166 [taunr(n woatT ISTIW Ttl •IA022003. 1A0$r022004/005 Lx.A..Ir.,,y...d� w.l_Wxr..�.N.❑ «�¢ 1v9L waww.WNw n.lan w �Nw„ v ° Lx.d.W.x...._,.N a .._, L.ww, ❑ Iro 4.. orwN..� uo irl o,r.4rW„w [ro r.nl.anun..nnxonpu n10VLL e(CI,RI 1pa[rpTl alrpt MO CPrt«W roe *wouo runup 10 onuna. nn«u 2.88 1.8 11.4 8.540 4 ..r1 ,..rw I4rW Iw 1 assgWL ncum m 02"C' lsamt.94Ilb CY 'M.IMl ne No PIC,4. I" m, 2.88 1.84 114 8,540 xu,p cmuwrwa T' rwwW w MNI ri r yr ua irlar xp c..IL.,w. T10 arriMll«.iA 1. MI.,,I L.N. a..... I R4 JU Min «4r . xnl we coaru A CON rtN • clwn.cr 4r PIOa1tT P. l-1WIraolwYeA.Lwrr- ^� cr r c.«r Ilr«T Y. 1[Cilp. � U.Ax10.[xf. I 41 P«wnIM1.1Lw(a4-al,.. t -r. xW.nw N.er.,. 55.459 ,p L- wuum.pua-lev,p v p Ian W y.Yv aal J Lw am -44M I-rw xyn-sSfY N. 1[Ci,W L- U.AN[O M Lf11(a Mx1.F..p[q„«p1 0 pa111M1•I Lw M.C.I—I-Iw N• 11]•IAa1.ILW Wr-41. I. r.. JowN. r«N« iwl lLw N tW. MW all 66.962 01 r,«,rl«Narrw.-C.r.I erTw rr-Cn1.wJ.Gma 9.511 L....n fr M C. ll «Yr -8.1.M 4N1 5515$ CT rrwlrwN 4r..n-arLrr«a rrprYr-Ir•I.w.a N R. IM M a.Mrlr ll «YM -tnWM $5.45$ L...r«ar.w _Lyle G. Ser6e1.yaustna 00e1dinato 4"10.8? V r •.[101r1G(.IMYY.L _.I •�o.nH� 41.7 ADDENDUM TO OPERATING BUDGET REVISION NO. 1 April 7, 1987 Project IA05PO22002/004/005 The following Line Numbers have been changed. Reasons for required change t011OwS. Basis for the specific amount is 8 months actual and 4 months projection (estimate). 010 - Dwelling Rental Increased from $97,300.00 to $120,000.00. Total Tenant Payments have increased. 050 - Interest Income Increased $820.00. Dollar amounts available for investment were higher than projected. 060 - Other Receipts 090 - Total Operation Receipts 110 - Salaries 120 - Administration Expenses Other Than Salaries 190 - Total Administration Expenses 390 - Total Utilities Expenses 450 - Ordinary Maintenance 520 - Payments in Liew of Taxes 540 - Employee Benefits Contribution 590 - Total General Expenses Increased $1,220.00. Collection for repair of tenant caused damage exceeded projections. Increased $24,740.00. See above. Increased $1,260.00. Required to prevent Budget overrun. When budget was first prepared exact salary increases were unknown. Semi -Annual report indicates a need for this increase. Increased $1,730.00. Semi -Annual report indicates a need for this increase to prevent a Budget overrun. Actual costs incurred were higher in the first 8 months than were anticipated. Increased $2,990.00. See above. Increased $630.00. Primarily due to increase in utility costs. Increased $2,130.00. Increase based on Semi -Annual report. Caused by higher labor costs than projected. Increased $2,210.00. Based on increase rental income. See 010 above. Increased $560.00 and is based on increased salaries. See 110 above. Increased $2,770.00. Adjustments are based on 8 months actual expense and are required to prevent Budget overruns. 077 -I ion No. 1 creased to $8,520.00. See above comments. creased $9,050.00. s repared there were When original budget no NONROUTINE p penditures planned. Since that date oroval has been obtained to replace the idows in one structure at a projected t of $2,800.00. Some minor discrep- pies were noted by Mr. Bendon (May, 1986) ing an inspection of the 10 single ily units purchased in 1985. To correct se, a Request for Proposals to repair/ lace four driveways was issued. Projected :s are $5,098.00, Finally an order to phase 24 sets of drapes, to be utilized as hc20, 7987. ements in tCosthe nwill be s$1�152a0on 1 $9,050.00. Should any of the above > actually cost less than anticipated )alance will be used in Landscaping, function of completing the form. G. Seydel (319) 356-5138. i 1177 RESOLUTION N0. 87-71 RESOLUTION AUTHORIZING EXECUTION OF A REVISED ANNUAL CONTRIBUTIONS CONTRACT WITH THE DEPARTMENT OF HOUSING & URBAN DEVELOPMENT PROJECT NIA05-VO22-004 WHEREAS, the City of Iowa City (herein called the "Local Authority") proposes to enter into a revised contract (herein called the "Annual Contributions with r threspewith the United of ctto any "Project" States called the and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: contract Section I. The Annual Contributions Contract in substantially the form of hereto accepted bothas attached "Exhibit b�A to form and andtheMayor orrMayorpprov emaind s hereby authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Reso u ion, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Annual Contributions Contract. Section 3. All resolutions or parts of resolutions heretofore adopted by the oca u hority which authorize the issuance and/or delivery of Advance Notes (sometimes called "Advance Loan Notes") pursuant to the revised Annual Contributions Contract remain in full force and effect. Section 4. This Resolution shall take effect immediately. It was moved by Strait and seconded by Dickson the Resolution be a op a an upon ro call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Courtney r McDonald �- Strait Zuber fl/ __7 Resolution No. 87-71 Page 2 Passed and approved this 7th day of Mril 1987. NA R , " ATTEST: M)rirT�.K --k)—AA)_ RecaiverJ E Approvea By Tho Foga Depaitnent 3 z4 8 071 `1 �xhi6'nf R ACC PartI Number: KC-9033VO4 V U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT z' SECTION 8 EXTSTiNG M. z ANNUAL CONTRIBUTIONS CONTRACT—PARTI i m for T n n HOUSING VOUCHER PROGRAM i i Ll. DEFINITIONS. A. ACC. Annual Contributions Contract.. B. Fiscal Year. The PHA Fiscal Year as specified in section L2.B of this ACCPart L C. H UD. US. Department of Housing and Uiban Development D. Maximum Annual Contribution Commitment. The amount of contract authority reserved by H UD for a project The amount of contract authority reserved for each Prcject in the Housing Voucher Program iS stated in Exhibit I of this A CC PartI (subject - to reduction in accordance with section L3.E and section 2.3 of this A C C). E. PAA. Public Housing Agency. F. program. The PHA's Housing Voucher Program. G. Program Receipts. Amounts paid by HUD to the PHA under this ACC for the Housing Voucher Program, and any other amounts received by the PHA in connection with the Program. H. Program Expenditures Amounts which may be charged against Program Receipts in accordance with the ACC and HUD requirements. L2. HOUSING VOUCHER PROGRAM. A. Pr . The Program under this ACC consists of the projects .usteo in Exhibit I Of this A CC Part I, each of which represents a funding increment for the Program. Page 1 of 5 pages HUD 52520 D (June 1905) f7P B. PAA Fiscal Year. The Fiscal Year for the Program shall be the 12 -month period ending June 30 of each calendar year. Wsrt ethe day and monthused as the Fiscal Year ending date for other section 8 assistance administered by the PHA under an A CC with H U D.) 1.3. ANNUAL CONTRIBUTION. A. Payment. HUD shall pay the PHA annual contributions for the projects in the Program in accordance with HUD regulations and requirements B. Term. Payments on account of the annual contributions for each Frcject may only be made during a term of five years, and shall not be made after the end of -the five year term. The term for each project begins when HUD makes the first advance to the PHA on account of the annual contributions for the project. After H UD makes the first advance for a project, HUD may enter the first and last dates of the A C C term for the project on Exhibit I of this A C C Part L The Exhibit I as revised by HUD shall constitute an amendment of the ACC PartI, and the revised Exhibit supersedes any previous Exhibit for the Program. C. Amount and Purpose. The annual contribution for the Program for a Fiscal Year shall be the sum of the amounts paid on account of the annual contribution for each of the •projects in the Program. The annual contribution for the Program shall be in the amount approved by H U D for the Fiscal Year to cover: 1. The amount of housing assistance payments by the PHA. 2. The amount bf PHA costs for Program administration. The amount of the annual contributions by BUD may be reduced, as determined by HUD, by the amount of Program Receipts (such as interest income) other than annual contributions D. Maximum Annual Contribution Commitment fcr Pmiect Except for payments from the ACC reserve account as provided in section 1.3.17 of this ACC, or for payments under section 1.3.G, the annual contribution payment by HUD for a project for a Fiscal Year shall not be more than the Maximum Annual Contribution Commitment for the project. Such Maximum Annual Contribution Commitment shall be available during the five Fiscal Years beginning with the Fiscal Year when HUD makes the first advance to the PHA on account of the annual contributions for the project E. Reduction of A mount Payable. H U D may reduce the amount of the annual contributions payable by H U D for any project cr for the Program, and may reduce the amount of the contract authority for any project, by giving the PHA written notice of reduction in accordance with section 2.3 of this ACC. The notice by HUD may include a revision of Exhibit I of this ACC Part I to reflect the Page 2 of 5 pages BUD 52520 D (June 1985) reduction in the amount of contract authority for a project HUD notice of the revision shall constitute an amendment of Exhibit I, and the revised Exhitit I supersedes any previous Exhibit I for the Program. F. ACC Reserve Account. An ACC reserve account may be established and maintained by HUD in an amount as determined by HUD. The A C C reserve account may be used by H U D for payment of any portion of the annual contribution payment approved by HUD. G. PortabilityProcxdures, Preliminary Fee of Receiving PHA. In addition to the maximum annual contribution commitment under section LID, and payments from the ACC reserve account under section LIF, HUD may approve additional annual contribution Payments to the PHA for the purpose of paying preliminary fees to another PHA acting as Receiving PHA in accordance with HUD requirements under the portability procedures. H. Limit on Total payments for Pr ' ct The total of annual contributions payments try HUD for each prcjert (including any Payments from the ACC reserve account as provided in section 1.3.F, but not including any payments under section 1.3.G) shall not be more than five times the Maximum Annual Contribution Com mitment for the project L4. ACC. A. This ACC for the Program consists of this ACC Part I (including Exhibit p and the form ACC Part Il prescribed by HUD for the Housing Certificate Program and Housing Voucher Program, designated as form HUD 52520 E, and dated June 1985. These documents constitute the whole ACC forthe Program. Page 3 of 5 pages HUD 52520 D (June 1985) # 7P B. This ACC supersedes any previous AC Cs fcr the Program. Matters relating to operation of the Program under a previous ACC shall be governed by this A CC. Signatures PUBLIC HOUSING AGENCY I IOWA CITY HOUSING AUTHORITY Name of PHA I (` Signature Date signed William Ambrisco Ma or Cit of Iowa City Print or type name and official title of signatory Rhrod L Appuoved UNITED STATES OF AMERICA By iha Legal De armed SLC RETARY OF HOUSING AND URBAN DEVELOPMENT 1 2687 By Signature Date signed Pntrt of type name and oifinal title oaf signatory I� Page 4 of 5 pages HUD 52520 D (June 1985) N PROJECT CONTRACT NUMBER AUTHORITY (j7 IA05-VO22-001 $42,820 IAOS-VO22-003 $25,314 IA05-VO22-004 $189,816 ACC Parti Number.• KC -9033V V E K HIBIT I FIRST DATE LAST DATE OF TERM OF TERM 02-03-1986 02-03-1991 01-01-1987 12-31-1991 UNITEDSTATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT Date signed Page 5 Of 5 pages HUD 52520 D (June 1985) 471 -I RESOLUTION N0. 87_72 RESOLUTION AUTHORIZING AND DIRECTING THE 14AYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THE CITY'S ACCEPTANCE OF A14 OFFER TO SELL PROPERTY MADE TO THE CITY IN CONJUNCTION WITH THE CITY'S PROJECT TO CONSTRUCT A NEW WASTEWATER TREATMENT FACILITY. WHEREAS, the City of Iowa City has undertaken a project to improve and in- crease the capacity of its wastewater collection and treatment system, and in conjunction therewith is committed to construct a new wastewater treatment plant south of Iowa City on the east side of the Iowa River; and WHEREAS, the City is in receipt of an offer to sell 160 acres of property in said vicinity from the Langenberg family, for a purchase price of $300,000 ($1,815.00/acre); and WHEREAS, this City Council has been advised and does believe that it would be in the best interests of the City of Iowa City to accept said offer. N0W, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the offer to sell property heretofore made to the City of Iowa City by the Langenberg family, a copy of which offer is attached hereto and made a part hereof, is hereby approved. AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized and directed to execute and attest, respectively, for and on behalf of the City of Iowa City, Iowa, the City's acceptance of said offer to sell property. It was moved by McDonald and seconded by Zuber the Resolution be a op e , an upon ro call there were: AYES: NAYS: ABSENT: X Ambrisco X _ X Baker X Courtney X Dickson X McDonald X Strait Zuber Passed and approved this 7th day of April 1987. F ATTEST: N,�,�/ �/ � CLER 11 A �rovoa npaNment 2 t! - y/7/�� 44 79 _I OFFER TO SELL PROPERTY PROJECT: The Wastewater Treatment Facility Improvements Project SELLERS/OWNERS OF RECORD: Name of William Title Holder:Donald L. Langenberg (a/k/a William Langenberg) J. T. Langenberg Langenberg Barbara A. Langenberg Jr. (a/k/a Paul Langenberg) Eugene Marian J. Murphy Paul C. Langenberg, Judith M. Beaty James R. Langenberg BUYER: City of Iowa Cit Iowa as 1. OFFER TO SELL. Sellers hereby offer and agree to sell to Buyer, and warranty deed far, certainisedeseal criibedtas follows: furnish to Buyer a referred to as "the property,' which proper y The Northeast 1/4 of Section 35, Township 79 North, Range 6 West of cordheandth P.M., subject to any easementstexistingebysnd virtueeofrus yens of re - for a purchase price of $ 300,000 ($ 1875.00 an acre) Sellers further agree that this Offer supersedes all prior offers and counter offers between the parties and shall remain open and shall not be revocable by them, and shall constitute in effect an option to purchase in favor of the City, until and including the 8th day of April, 1987. 2. ACCEPTANCE OF OFFER AND PAYMENT OF PURCHASE PRICE. Upon acceptance of this Offer by Sellers, Buyer shall p30,000 to William F. Suffel Sell ending Sellers' ent the sperformance o tie remain- - as earnest money, p 9 Ing provisions hereof and delivery of a Warranty Deed for the property. The balance of f 270 000 a ers gen ,upon performance y Se ers o William F. Sue elst a rematntng provisions herein which 87a11 oAllramountsbefore shall bethe payaF e day of _ to Seller a Iowa 611y, Jo nson —County, Iowa. 3. TITLE AND POSSESSION. The City shall be entitled to title and possession of the subject Prop- erty as of the date of closing, said date to be 30 days from and after the date of the City's acceptance of this offer; provided, however, p to City's acceptance of this Offer, Sellers shall grant the City or its agents reasonable access to the Property so that soil tests for be pits formed and such other tests as the City may deem appropriate_ D purposes. T I % 4. Deleted. APR 61987 MARIAN K. {CARR CITY CLERK (3) 77% 5. STATUS QUO MAINTAINED. The Property (and any personal property contracted for) as of date of this Offer, in its present condition, will be preserved and delivered intact at the time possession is given. Except, however, in case of loss or destruction of part or all of said premises from causes covered by the insurance thereon, Buyer agrees to accept such insurance recovery (pro- ceeds to be applied as the interests of the parties appear) in lieu of that part of the damaged or destroyed improvements and Sellers shall not be required to repair or replace same. Buyers shall thereupon complete the contract and accept the property. (See paragraph 8.) 6. ABSTRACT AND TITLE. Upon acceptance of this Offer by Buyer, Sellers shall promptly continue and pay for the abstract of title to and including date of acceptance of this offer, and deliver same to Buyers for examination. The abstract shall become the property of the Buyers when the purchase price is paid in full, and shall show merchantable title in conformity with this agree- ment, the land title law of the State of Iowa and Iowa Title Standards of the Iowa State Bar Association. Sellers shall pay costs of additional abstracting and/or title work due to act or omission of Sellers, includ- ing transfers or death of Sellers or assigns. See Addendum for addi- tional clause. TAXES AND SPECIAL ASSESSMENTS. Sellers ll axes for the current Possessionaandpanytunpaid taxes thereon payaear ble Bfor priorated or years dateof shall pay any taxes not assumed by Sellers and all subsequent taxes mentrofsame saidbtaxes , andtcome hent. Whoever o be epecialassessments, res al any, eachfor yearl,eshall furnish to the other parties evidence of payment of such items not later than July 15 of each year. Any proration of taxes shall be based upon the taxes for the year currently payable unless the parties state other- wise. Sellers shall pay all special assessments which are a lien on the date of closing. See Addendum for additional clause. 8. INSURANCE. Sellers shall maintain, while in possession of the Property, $ CURRENT INSURANCE of fire, windstorm and extended coverage insurance un i pos- sess on s given and shall forthwith secure endorsements on the policies in such amount making loss payable to the parties as their interests may appear. Loss or damage to the land, buildings or improvements thereon shall be at the risk of the Sellers until possession of the Property is given to the City. In the event of any loss or damage to said land buildings or improvements, prior to the City's assumption of possession, the City agrees to accept an insurance recovery, as provided in paragraph 5, as its interest appears. However, in the event such loss or damage is not covered by insurance, then in that even the parties agree to make whatever adjustment of the purchase price that may be appropriate to cover any such loss or damage. See Addendum for additional clause. 4017? DETERMINATION OF BALANCES OWED. In the event this Property is subject to a lien or the City is purchasing an interest of an equity holder, the Seller, or his Broker or Realtor, shall furnish the City with a statement or statements, in writing from the holder of such lien or interest, showing the correct and agreed upon balance or balances. 10. SETOFFS AGAINST PURCHASE PRICE. It is agreed that at time of settlement, funds of the purchase price may be used to pay taxes, other liens and to acquire outstanding interests, if any, of other parties. 11. FIXTURES. All personal property that integrally belongs to or is part of said real estate, whether attached or detached, such a lighting fixtures (including fluorescent tubes but not mazda bulbs), shades, rods, blinds, venetian blinds, awnings, storm windows, storm doors, storm sashes, screens, attached linoleum, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment other than window type, door chimes, built-in items and electrical service cable, fencing, gates and other attached fixtures, trees, bushes, shrubs and plants, shall be considered a part of real estate and included in this sale except NONE 12. COSTS TO BE PAID BY BUYER AND SELLER. The Buyer shall pay for recording fees, boundary surveys and legal de- scriptions of the Property. The Sellers shall pay for transfer taxes, documentary stamps, evidences of title, and costs required to perfect the Seller's title to the Prop- erty inclusive of all special assessments which are a lien on the Prop- erty on the date of closing. The Sellers shall convey by Warranty Deed to the City a marketable title to the land satisfactory to the Attorney for the City, free and clear of all mineral rights, easements, restrictions, leases, judgements, taxes and assessments, existing or inchoate, liens or encumbrances of any sort, at the date of payment by the City of the purchase price, together with all buildings and improvements, hereditaments and appurtenances belonging or in any way appertaining and together with all their right, title and interest in and to any streets, roads, avenues, alleys, alleyways and rights-of-way abutting or in any way appertaining to the land herein described, except as in this instrument otherwise expressly provided. All warranties shall extend to time of acceptance of this offer, with special warranties as to acts of Seller, up to time of delivery of deed. See Addendum for additional clause. *7f 4 __7 13. FOR THE SELLERS: JOINT TENANCY IN PROCEEDS AND IN SECURITY RIGHTS IN REAL ESTATE. If, and only if, the Sellers, immediately preceding this offer, hold the title to the above-described property in joint tenancy, and such joint tenancy is not later destroyed by operation of law or by acts of the Sellers, (1) then the proceeds of this sale, and any continuing and/or recaptured rights of Sellers in said real estate shall be and continue in Sellers as joint tenants with rights of survivorship and not as tenants in common; and (2) Buyers, in the event of the death of either Seller agree to pay any balance of the proceeds of this sale to the surviving Seller and to accept deed from such surviving Seller consistent with paragraph 6, above; unless and except this paragraph 13 is stricken from this agreement. 14. "SELLERS." Spouse, if not a titleholder immediately preceding this agreement, shall be presumed to have executed this instrument only for the purpose of relinquishing all rights of dower, homestead and distributive share and/or in compliance with section 561.13 I.C.A.• and the use of the word "Sellers" in the printed portion of this contract, without more, shall not rebut such presumption, nor in any way enlarge or extend the previous interest of such spouse in said property or in the sale proceeds thereof, nor bind such spouse except as aforesaid, to the terms and provisions of this contract. 15. TIME IS OF THE ESSENCE. Time is of the essence in this Agreement. 16. REMEDIES OF THE PARTIES - FORFEITURE - FORECLOSURE - REAL ESTATE COMMIS- SIONS. (a) If, after acceptance of this Offer, Buyer fails to fulfill this agreement, the Sellers may forfeit the same as provided in the Code of Iowa, and all payments made hereunder shall be forfeited. To the extent in amount of any real estate commission owing by Sellers on account of this transaction all payments made hereunder shall be paid by the Seller to the person entitled, in full discharge of Sellers' obligation for such commission. See Addendum for addi- tional clause. (b) In addition to the foregoing remedies, Buyer and Sellers each shall be entitled to any and all other remedies, or action at law or in equity, including foreclosure, and the party at fault shall pay costs and attorney fees, and a receiver may be appointed. 17. COURT APPROVAL. If this property is an asset of any estate, trust or guardianship, this agreement shall be subject to Court approval, unless declared unnecessary by the Attorney for the City. If necessary, the appropriate fiduciary *'9 y shall proceed promptly and diligently to bring the matter on for hearing for Court approval. In that event, conveyance shall be by Court Offi- cer's Deed. See Addendum for additional clause. 18. SUCCESSORS AND ASSIGNS. This agreement shall inure to and bind the heirs, executors, administra- tors, assignees and successors in interest of the respective parties. 19. (See Addendum.) 20. Words and phrases herein, including any acknowledgement hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. See Addendum for additional clause 21. SELLERS t iamr. an enngeenrgb.��Donald J. nge g/iLen am erg) 1n, V�V`,�.ul�vl^'ii"'•�' �/duan � ///re� � 'j � � �� Barbara A. an berg ,tt Eugene T. Lan nberg? ,J au Langen rg, M ;??tan J.Murphy" (a/k/a Paul Langenberg) �c��tiP a•. c4�f� ��(e� ,co,�, u�. Judith M. and James C. Beaty (cf telegram) James FU Lan bergs Judith M. Beaty STATE OF IOWA SS: JOHNSON COUNTY On this 3rd day of April , A.D. 19 87 , before me, the under- signed, a o ary public to an or e S ate of Iowa, personally appeared William L. Langenberg and Ruth M. Langenberg, husband and wife; Donald J. Langenberg and Diane E. Langenberq, husband and wife; Marian J. Murphy, as Conservator of Barbara A. Lanqenberq, Ward; Eugene T. Langenberg and Rose Langenberg, husband and wife; Paul C. Lanqenberg, Jr. and Ann E. Langenberq, husband and wife, Marian J. Murphy and Richard L. Murphy, wife and husband; and James L. Langenberg and Clarissa Lanqenherg, husband and wife #7% _1 to me personally known to be the identical persons named in and who executed the same as their voluntary act and deed. WA� bl �ian o ary u or sal ��ny a e M ACCEPOF OFFER BY BUYER: 4/7/87 ^ay or Date 4/7/B _ 7 City C erk Oate STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 7th day of Ari1 A.O. 198 7 before me, the undersign , a o ary Pub7c in an ora State of owa, personally ap- peared William J. Ambrisco and Marian K. Karr , to me sayaey ar personally Known, an w o, Bing y me du y sworn, t e the and City Clerk TTr—_+ respectively, of salu mua � Nay r-, ing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed (and sealed) on behalf of said municipal corporation by authority of its City Council; and that said 1111liam J. Ambrisco and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. �` a�� No ary Pu tc in�anorsaid Coun y an State -I JUDITH H AND JAMES C BEAT 5906 NORTHWEST 53 TERRACE KANSAS CITY HO 64151 03AM 4-016405SO93 04/03/87 ICS IPIIRNCZ CSP CRDA 8164685242 HGMB TDRN KANSAS CITY HO 102 04-03 0114P EST 10- BILL SUEPPEL HEARDON, SUEPPEL, DOWNER AND HAYES 122 SOUTH LINN IOWA CITY IA 52240 TO THE CITY OF IOWA CITY, IOWA: THIS TELEGRAM CONSTITUTES THE CONSENT OF JUDITH M BEATY AND JAMES C BEATY, WIFE AND HUSBAND, TO SELL THE UNDIVIDED 1/8TH INTEREST OF JUDITH M BEATY IN 160 ACRES OF THE LANGENBERG FAMILY FARM TO THE CITY OF IOWA CITY, IOWA PURSUANT TO THE TERMS OF THE OFFER TO SELL AND THE ADDENDUM ATTACHED THERETO DELIVERED TO THE CITY ON THE 6TH DAY OF APRIL AND EXECUTED BY MY BROTHERS AND SISTERS AND THEIR SPOUSES. JUDITH M AND JAMES C BEATY 13:12 EST HGHCOMP r N TO REPLY BY MAILGRAM MESSAGE, SEF. REVERSE SIDE FOR WESTERN UNION'S TOLL - FREE PHO VF. NUMBERS 071 _1 ADDENDUM This Addendum is an integral part of the Offer to Sell Property to the City Of Iowa City, to which this Addendum is attached, and the Offer cannot be accepted without including the terms as set out in this Addendum, to wit (Paragraph numbers herein correspond to paragraph numbers in the Offer): 3. The City agrees that it subject to an exiwill purchase and accept title to the property sting farm lease with Joe E. Sladek and Michael A. Donovan & tn„e iia llueu is for a period of onecyear onlyta. willeexprs ireron the Fforuar a sal arm ease Iowa Co e. g 198 8 if properly terming eti ha pursuant to Se erl— s e that the City shall be entitled to collect all rental payments due and payable to Sellers after the date of City's acceptance for crop year 1987. Sellers will reimburse farm tenants from any amounts previously paid to Sellers for land which cannot be farmed, as identified in the addendum to said lease. 6. Seller retains the right to use the current abstract of title to prepare a new abstract for the property which it is not conveying to the City, 7. Seller's portion of the pro -rated taxes shall be paid to the Buyer, only If the Buyer is actually responsible for the payment of such taxes, and Seller need not pay the pro -rated amount of taxes if the City is exempt from the payment of taxes on the conveyed property, 8. The Seller agrees to furnish a copy of its insurance policy currently providing coverage for the described premises, 12. Sellers make no representation regarding zoning and permitted uses of the property, The City agrees to be responsible for and to pay the expenses of any proceedings which may be necessary to comply with county subdivi- sion or zoning regulations, in order to complete this transaction, tions The title set out to the premises shall be subject to the easements and restric- Sel lers srepresent �and thwarrant that al rnoneoof� theses easements f orhreOffer tions would prevent use of the Property for a wastewater treatment facil- ity, 16a. thisrotransestate ction, andssion Sellersshall representiandySeller in warrant that they have with Involved any real estate agent in connection with the sale of ethis property, 17. All parties acknowledge that the undivided 1/8th interest of Barbara A, Langenberg is an asset of the Barbara Ann Langenberg Conservatorship and that court approval must be obtained before this interest can be sold and conveyed to the City. Sellers agree that in the event the City accepts this Offer to Sell, the City may make its acceptance contingent upon court approval on or before May 1, 1987, and if the sale is not approved by the court by said date, the City s approval. hall be entitled to revoke its acceptance of this Offer, provided that revocation occurs prior to court 447f If the City requests the Sellers to file an Application with the court for authority to sell this property prior to the time that the City accepts the Offer to Sell, the Seller will file such Application provided that the City agrees to reimburse the Seller for reasonable legal ex- penses, not to exceed the sum of $250, incurred in preparing the Applica- tion and related documents. 19. The City acknowledges that it has threatened to acquire this property through the process of condemnation pursuant to Section 472.4, The Code, in the event that the City and the Sellers cannot reach an agreement, The City and the Sellers agree that this Offer to Sell is made as a compromise offer of settlement only, under the threat of condemnation, and that in the event that said Offer is not accepted by the City, the price at which this property is being offered to the City cannot be used in any subsequent condemnation proceedings against the Sellers. 21. The City acknowledges that in lieu of the signatures of Judith M. Beaty and her husband, the City will accept a telegram from Judith M. Beaty and her husband consenting to the terms of the Offer to Sell Property and to the terms of the Addendum attached thereto, and that Judith M. Beaty and her husband can sign the Offer to Sell Property after May 3, 1987. SELLERS: William L. Langenberg/Ruth M. Lanqenberq Donald J. Langenberg/Diane E. Langenberq William L. Langenberg Donald J. Langenberg (a/k/a William Langenberg) Barbara A. Lanqenberg by Marian J. Murphy Eugene T. Langenberg/Rose Langenberg Barbara A. Langenberg Eugene T. Langenberg (a/k/a Barbara Ann Langenberg) Paul C. Langenberg/Ann E. Langenberg Marian J. Murphy/Richard L. Murphy Paul gerg, Jr. Marian y urp (a/k/a / Pauanenl Langenberg) `,a,,�w c-etM nlw Y Judity M. Beaty/James C. Beaty (cf telegram) J James R. angen g Ju i h M. Bea y 41-• 7 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , A. 0. 19 , before me, the undersignne a Notary Public in and for the State o It owa, personally ap- peared o me persona y Known o e e identical persons nam in an who execu ed the same as their voluntary act and deed. Notary Public in and for said County and State ACCEPTANCE OF OFFER BY BUYER: 4/7/87 -Mayor Date Vi f 4/7/87 � City Clerk Dafe- STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 7th day of�A ril A.D. 198 7 before me, the undersigned, a Notary Public in and for the State of Iowa, personally ap- peared 14i11'a J. Amhrisco and %rian K. Karr to me personally nown, an w o, eing y me duly sworn, did say that they are the Na or and City Clerk respectively, of sa municipa corporation executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed (and sealed) on behalf of said municipal corporation by authority of its City Council; and that said lVilliam J. Ambrisco and hl<arian K Karr as such officers ac- knowledged c- now a ge a execu ion of sal ns rumen o e e vo untary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary GPublic in andtorCounty and State *?9 _y IOWA STATE BAR ASSOCIATION - --- -- Oingtal Form. No. 11_ IRunu. O.umbo e, 1171, •- ••. LEGAL EFFECT OF THE USE _ n••ae..u....41e.... aw..r ro•, wn OF THIS FORM, CONSULT YOUR LAWYER FARM LEASE -CASH OR CROP SHARES THIS LEASE, made and entered into this 12 1, day of- Oh —.A.D. 191_, by and between Paul Lanoenbern Family Farm hereinafter referred to as i Landlord, and Joe E. Sladek and Michael A. Donovan & Snnc_ It,t' I hereinafter referred to as Tenant, WITNESSETH: That Landlord, in consideration of the agreements hereinafter mentioned to be kept and performed by Tenant, does by these presents lease to Tenant the following described land, situated in lohn9pn County, Iowa, to -wit: The West 1/2 of the SE -1/4 of Section 26, and the NE -1/4 of Section 35, all in j Township 79 North, Range 6 West of the 5th P.M., extent beginning at the Northwest corner of the West half of the southeast Quarter of Section 26, Township 79 North, Range I.6 West of the 5th P.M., thence South 1 rod, thence East to the East line of said West IHalf of the Southeast Quarter, thence North 1 rod to the Northeast corner of said !Jest ; Half of the Southeast Quarter, thence West to the place of beginning. I f !, and containing 240 acres, more or less, to have and to hold the same to Tenant from the 1St day Of March 19_L7_, to the 29th day of February I9 88 And Tenant, in consideration of the leasing of the premises as above set forth, and in consideration of the promises and performances herein undertaken by the Landlord, agrees with Landlord: I. To pay as rent for the same to the Landlord "x;ExWxx%xjX Johnson County, Iowa, or at such other place as he may from time to time direct, as follows: See Additional Provisions attached hereto as Exhibit "A" and by this reference incorporated as a part herein. xWsKfdk,RltiC2jtSPwkz6iv3Iowiot&aaiSatHz��PaHxwin x>S�a�o�xxaaiixua•a"Xe masaerzxxxxaexxK>hxxxotxxuxxawt�x 1. HARVESTING OF CROPS. .,,at carman , to p,.p,,IY cera or a yra.vn9 crop, m I,, end hutbandman•lile manner, and to horseI all vopl in proper uewn end lailinq .o to do, Landlord maY en1<r upon ,sial premner. by himmll or egenh, and properly cue Ips ar Nerved Edd now end <Aar9e the coa le Tenant. n out'a IAe reale, herein, end so ¢cured. S. TERMINATION OF l[AS[. This lease ,hell be continued for the lean term Aerein provided, nCept ea i1 mey be fermineled br demull of Trnanl. PorlAay, rvch Imu ,hall continue ane' rvch aaseed Term Irom Year to yet" upon the rem. I. ad end cpndiliem, unleu eilAu padY piru due timely and tsps! d0en nontt to the other el elecli.a to an or f...mele any .uch Wended Imm pedod .Aenupon he Imancr shall !caseinate Much I, lot• term,; p,.u.d.d lord... rvch lemnry .hell not <onlinue became of .hare... el nese in <nv IAme be ddavtl in Iha perlormanca of Ihv ai,linq I. egraemenl. Ove, timely entl tsps! rrievn noKce shell by non. on or before Sealomb<r I, m provided by lav ISation 562.7 1.O.A. n emended!. unlgs by upren egreemenl, the penin provide IM seas. notice IN an acrlier limy, e. !altars; imr 1nl Innlard: •pV irL,l;on ,1m Ia Je,i•ni Ila lin n. pm,nhu, Tnnnnl nam" In V .1 rnnu rnlr rvl nb� 1 I tu•n Llr r trlu.nLle tau br rlro, ."1" .1 a ;a :; 1. FARM BUSINESS ONLY. No bola.., other than peralbn of Ihir tern .nl sur. up Ins p..seeien of aid prem. amt all Its,. as Iia Lenl d dl.,nnem for ncapf;un None .ere 1. CAS OF , .nam s all haul out and d,mdbula upon I a paomn tillable roil on .�prprrrnal•(eite(rl a me—� olNrri,a�in<le y landlord! .11 the manure and comport sednble to be used rh the, as Mitl premise. al IAe boginninyy of this leve or .clam.l.l d dur(nq IF. lar. Iher.ol; anJ IunM1m M1v shall net haul or rumor. frons uid Ormnises, nor Lum, any soar, ,lett., slormr, rlub bIa. or similar plant malarial, all oI "Its shall be Ihv property of the landlord unlem olherrire Aamin erprnaly agr.ed, haul Tenant mey use the soma oa the P,amim, lar the Wminq aPvaliom. 9. FFRTILI ER. LIME AND CHEMICALS. (eI Faeh .hall 6v Iumi,Aed, a required, 6Y good hmbandry, by the penis,, and in the pm .,I.ges, n follor,: % y. 1Q jOraM 117 Commurelal hrlilhLandlord er. _,.._ ........._ _................. 117. ([) Lime and T.... Mi..r.,. ...........__............... 100% ([) W..d Central ch..ia.l, ... ..._....... _. ..... ......... —mo -- 111 Fact Central Chemical ...._...... ................................................................................. 100% les Waad Spr.ff.q, Wred or Pact . 100% (L) Olge r,.erT,e.na.nt shall inform Landlord of the kind of fertl�lz, lime and trace minerals, and"'for'Elhemlca s u ed; the amomrtt—thereof and the costs thereof. (b) Alm..nen: 91196MxIXxMlxxrAkkxxxgf9CxFXrXrx7:Nrxxx9C•K97 Y.XX,xX},1eG(1r(rxXrxnYxbS�%.xX)(X)CIfx7h'aa1L%M.'fXxX m y.xxtxx,xxxyxcliXlxni(Ixd xxxxxxxxxx),tXNXx.K%(ywKXXXxXXXXXY�e and trace mmeNm .hall be .11 ata led Quer w�tPltfU���13 tI,,. (/'Eir♦Ig Tv l o A un la anise the 1.11 .born 0.111ed bene,ln, he .hall be reimbursed to It. ..last nal �Ayd `td't'eNri�"C ° gnived. E6apt .,cal out abase, Temnl agrees Iv Fwdrh .ilhaul all all labor, e0uipmenl and IIWSon for dl Ivrlilieer, lime, lute chemicals. apPminneb, and 10, COST OF COMBINING AND SHILLING OF CROPS, Such expense shell be borne ar Fella., 100% by Tenant I BGA, FARM MACHINERY AND EQUIPMENT, n AHI by Furnished A the cape,..1. and by 100% bV Tenant �I II. CARE OF TR ELS, SHRemies, AND, GRASS. Tenaal rhal, pause end bop IF. Imil and ornemenhi trees, rine, end shrubbery, Bbl an nor or mey b. pbnled .pon IM pramiq,, Irom ..jury by plo.inq or Irom Castle a olAu docs. I 11. WEED CONTROL. Allno.ieut sed, .hall be r,,*,ad er -11`11-ills timely de.leye rd b1' Tenant. Weed, in mace roe shall br "n be timdr cul II .ilh . mo.0 or reylAa or rp.... d alt h Avrbielde. a) b) C) I• FURNISHING AND CLEANING SEED. "I I I- hrnmhrd amt.Lnnnl .r' In,W., ..LOQg_by_senaat _-7 .n.ILo.I beat 1 mnL.r.l 1-.J, nide nu r l r S -1 '-1" tear vest, Ll IN,-- a W n•[ la . --% OI all 1-N IRs at erYcnle Ip n.Ue eaves ,este un .oL ���[no .I Teen n LancOml bpm cels Ill land. X)OP xWxRWxxxxxxxxx•xxxxxxxxaxx*xXe*xxxxxazaxxPXXXxxxxmxxxxxxxxxxxxxwxwxwwx IS. LANDLORD'S RIGHT OF ENTRY. Lanelo,d reserve Ibe ;ghl to Pro- the ground alley Tenets hu 111,1111111,1111d IAe crap, d notice of Ill.Isrmiaion 01 mg leas nn, Aeen pmp0,4 :,,red. L ... 'Old, m h,. 1.9 ,1 epre"nla'rres, may -all, upon Paid prem;'-' for the --'poll al Sit-in, or leading end +-'Ines tepees,, ear ower ,ealanable Pana ar J.n... ...... a' L,ndlWd. 16, NO REMOVAL OF GRAIN OR PRODUCE UNTIL PAYMENT OF RENT. tonin' (urlller mrenaeN u[epl . u,anged with, ora reed by Landlord no., to rums • earl, us Inc g".n -r wed— r a<d un laid Plens4 , during Inc lam 1 surd lease, until the 11-1 Acres. 'peblied 'RHI be fully paid -moo Sets ts 'he Same ar am pert thee.'. And it any Q,O;n or -recluse raised on s.;it -resile during a;d term .hall be r.me-ed ar attempted to be ',dam Person u m, PN"A, bit.,, me payment of lard reel, or d tenant Should telt or attempt to Sell laid grain Or produce, or any part thereof, ec°pl lism w .f. '.1 .1 .Laster Sewer :I les' to,'. rif lllbe lull rla;nr,d r nUarhed .1 ler;ed upon by ertculion or Claimed b, any other penon ar photon, J.,, and oa,.Iblr aha Landlord a h., t[anl v YwJ, thenupon She haYpaningn of any Such mel;ngcncit. Paid rent 'hall in, edialelY became res.: lane m, 0 1 reme and left shell have the eigm to enter to said Peemile' d tale possess ;on of laid gain, wherever List me. and [spry In. sem[ and ell she tame Or ane pad 'hereof, or it the same 'M1all not be lull;cienlly awed for ha h..Nntr or oameii cc Io rolbr+n Ina tame J to pnwr•< or proleU 1M1e mm[ unhl d 'A,II be til, end IM1m huretl and 9e1hv or ell the same, or any purl Ind try P -Blom or d I'm'blic Alva, ,ntl apply me procural 'better to the permenl of the expense' end 1-111 of Parry;n9 our the Inn, lien, of this leu. and Ina permenl pl aid qn] Aatr, d apptl. 12. VIOLATION OF TERMS OF LEASE. It T ... no 'hall (Sir to culNrale .;d p,em11.. herein ago«d, or 'hall fail to Seep any 1 'he loveless :0mlimcd ;A If., Iw,, o, 'hall a„an Phil Seale mdedel 'ted P,,AA4A' r ny part Inmeol wilhoul the - Iltn [enfant of L.e Landlord. IM1en this hall .e Ph' l,rr:en 01 -he Landlord. he null —H -ted, and the Landlord, or his legal rA01.11AWil.l. 'hall .� r the light Io late pmmuion I „•1, P .. .,•nn .. n nrrr 1P. n' `•my .•Ili m iIOW nmw„ Of I.rw, unJ all d,mugo tripling out o1 she Allure to1.parleys adY I he 111n�l 0. Ir,,, h•...., 'I..dl ba JJa.I res ,mJ Lurnrn,• Y.ul al the rano, r.c.re,abl, a' An,, Without Urniliny IAe q -roily of IM1a laregoing, a Y failure un In arae. "Ill eml.0 -1ti ,ll I,Alla• h .' 1.md :o ll, .,ne of s, bon, .mJ •nv H Ia Hon al the term' OI this Seam• o' failure I. par as., cash reel u ,.nu„tl enM1 ,eel ,a became due and of s, a' ohm, aid without nolise lo, or demand upon. Tenant. wx:oXlxvLxxx3x xDbwl3Dbnx•x wxEwax xxxwx xx>cacXxxxXxxi4x>4?cXxlx,xi�YJcL�SX>>U6`SX�1FKxa[x xngxxwwrwx:6xwx xXXx,;�cX xxXMKX�It P>VXXXXXXXXXXXXXXxxxxxXMx xxM.m4X xxxbMXMf6xYxJCd6xX=rlexxxx,=—Xxxxxx xx xxxx xacxAxKXJcMx�Xa6Y,�S�dEXibK LixxXaxXwrsxXXXIX :0 LANDLORD'S LIEN AND SECURITY INTEREST. TENANTS' WAIVER. 'Iran' a, 10 any or hit patients Property en id prem;... hereby its' Sed e mole [spall ISonol1, of e,CrnabOn from site or tcrare .Seder di'I'n' Or emcuoion, 'hal he h. Or may hereafter have br� n'W. of ane law of athe ,;ate rental ga Penr room m;care and tele Flo the Idem necem,vy to protect Landlord ;n IAe enforcement of his fish' herein and ;n the symml of ell upon oll ,reed. Said Landlord shell have addition Io the lien given by law, ssalit, Interest . provided i the Uniform COmmer,;al �ad, of Iona, n 0nuirt personal prope,ly o.ned lap, and” .stl n mid'pmmpe by Tenant, during the form hereby agreed to be paid. Landlord y Proceed at law or An, remedy by 1.. for the PC[m... of rent, or from the IWmimllen al this lea¢, Is.,ame of TO ... 1'. default ;n its p,dmmance. 21. REPAIRS. Tenant 'hall keep ,.id -,amiss, including the hedges and lenses, ;n proper ....fr. provided that LandlordShall hashish n,cess.ry meanal, that he or his ages Cellists, needful to repo;r aid p,amue. with;n nameg able fin,° aIle, being notified, and Tenant shall haul said malmul Io .Aid Plemilo wdhaut charge 22. NEW IMPROYEMENTS. All build;.,,, fell,, and improvement' of every, find and nature that may be elected on the above described lend during the term of this Pea Ad Tenant 'hall be deemed a' additional rent end 'hall inure to the pmmuc, end become the Wessel, of the Landlord ..lest oe,mNl;on Io erect and remove some shalt be obtained in writing and made a Part of this lease. 22. EXPENSES INCURRED WITHOUT CONSENT OF LANDLORD. No expense ,hall be ;ncurred for or on account of Landlord whhout first obtaining his written order. As l0 this p°lagraph and .1 10 paaagmptg 21. IE and 25, me m,chen;,i lie. ,hell be imposed -Pon or f°recfolsd a,aimf the heat estate described her.;n. 2c, PARTICIPATION IN GOVERNMENT PROGRAMS. Participation OI this farm in any Offered pro rem by the U. S. Department of Apri1-11ure for top production on control of comm�efion and the observance OI the terms and 1-nddion, of .elle 'hottlRYYbee.1 the Option -1 S(IXsNdfdf 'Division of Gov assent PSYmAl$ th... And,, ,hall be 5050 unlen olherw;,. agreed bar..,. the. partial, at follow,: 100% by Tenan . 2S. WILL. WINDMILL AN X'xwx'X)§ KOMMxux xx XX x xX xx xxixDExxrx wxxIx orpx xx x�ekxxxxxxxx kxlkk�xxxxxxxxxkxkxxx x'xx:FxXSC41xf4x 22. ATTORNEY FEES AND COURT COSTS. Tenant atm rca 1° pay and discharge all Call, e d aOemeY feet or any .Pens that shall arils from or 1. befig ane of the , T,an, or this leve 1 landlord and ;RI crops glon,ag, or cribs at granar� en ra;d pasmi", shall be "Carily for dl sums due or rp became deal Irem Tenant Io Landlord e' evidenced be bpm Fc,ounl or hole held by and adginalfr payable to Landlord (.r either, d more Shan ones. 21. CHANGES IN LEASE TERMS. No act of either part,. or both purl;e shall be construed at an W.Inloe OI IAB lease, or any Changs in this terms and provisions, unless changes are reduced to writing and signed by boll) parfio,. 29. DELAY IN GIVING POSSESSION. II Landlord is unable wish due diligence to q;e, T.ne,t posse Wen at the beg;nntn of the farm harm( Ill.cash n,1 only $hall be ,,baled On a pro 1.1, bash 0, to lime, nNI nossosJon can be delivered, which rebated cash 1.1111 shot be sec -y I full "!Iranian' of .11 dams,,, ocestened by laid delay: and it poss...;,A Colonel be delivered wIIA;n IS day, eller the beg;nein, of1<d by Tenant Ill. Paid Ivan Sillier Landlord o, Tenant mer Ph .... pan Iran;nate this lea" by giAls, the other party noNce el suchleN,j,,N0.. 20. TELEVISION. Tenant shall halt the ;,h1 to install end remove IslerilPn -manna on Aid premiss end ,hall be liable I., cloy and all damage, eccmiconed thereby. 21. Word, end Ph,,,., herein, intruding a(knorrledgm,,t harmer, shell be construed. in the ;.g Sl., or plural number, and . the apprapdJe q.Ad,, according Io the contest. �lyl�PU°'hlThe teei6ado"aip"d'°ei{gnsman enanceanrpars odegrain dryinq and storage facilities. The tenant will pay all electrical utility bills in excess of the minimum monthly rates which will be paid by the Landlord. S by The Landlord will improve the drainage in the two ditches on the -SW corner of the farm. �11d1WITNESS W1FEREOF. we hairy, hereunto Set our hands and slat, the day and year ffr5h'8b91th Written. In Ibe SSF.9A02: iIS a STATE OF IOWA. n4umal County. . i:Se°";."•i' On this day of Ig__ before me. the Notary . undersigned a Public in and for said County • A44 - and said Slaty,, ;n. personally appeared _ moniin 1*' 46- Sea, m to me known to be the identical persons Ahmed in and who °secured the foregoing Leese, and e,In,,Iedged that they eP,,,f,d the tame as !heir voluntary eco and decd. Notary Public in and for said County and Slate 'INumb.red bar,Craah 2 abet 1. A' to 'he divisibility al Phu earegrann ands, A,Ws, d,eumllAus. condda "The Farm Operation Atrresnenl— hnnenhia m Le.e'• by Gene L, Needle and Edward R. Har.. 6 O'alo Law Review ST,a1 o,%. SO, middle: Social S".rily Problem' ;n F,,..,,- CO. •nemeN Plans. Or Francis Fb',�bbgm bm,em If Anmal IS, Slh°ol of the Iowa $1.11 lar Association (1957) page IIT; No-, lulle;n of lean Style .est A'me;a Yen, October I[Sh, page ); red Nen 1011h,. February, 1957, page 1. f• f EXHIBIT "A" ADDITIONAL PROVISIONS A. The sum of $95.00 an acre for 228 tillable acres, to be paid one half (1/2) on March 1, 1987 and one half (1/2) on December 1, 1987. 8. The tenant shall have the use of all 240 acres, and shall have the use of all of the buildings located thereon except for the big wooden frame barn and the north machine shed, which the Langenbergs shall retain for their own use together with access thereto. The Langenbergs also retain the right to tear down and clear out these two buildings. C. The tenant shall be entitled to all government feed grain benefits for the crop year 1987, and the tenant agrees to comply with all ASC rules governing the use of set aside acres. D. In connection with the use of set aside acres, tenant acknowledges that the landlord is currently negotiating with the City of Iowa City for the sale of the farm, or a portion thereof. The city would purchase this land for the construction of a sewer treatment plant, together with gravity and force main lines associated therewith, and an access road to the construction site. In the event that the city purchases a portion of this farm, the landlord agrees to notify tenant thereof immediately, and the landlord agrees to notify tenant by April 15, 1987, of the proposed location of the construction site, line sites, and access road sites. If the city requires any acres not to be farmed during the 1987 farm season because of pending construction projects, the tenant agrees not to farm those acres, and will be reimbursed for any payments made to landlord for such arses at the time of the execution of this lease. Landlord will further reimburse tenant for costs incurred by tenant during the fall of 1986 in the tillage and fertilizing of those acres for the 1987 crop year. E. If the landlord fails to install a drainage tile at the southwest corner of the Langenberg farm, the December 1 payment will be reduced by $1500.00. � 79 RESOLUTION N0. 87-73 RESOLUTION ENGAGING AUDITOR FOR YEAR ENDING JUNE 30, 1987 BE IT RESOLVED by the City Council of Iowa City, Iowa, that the firm of McGladrey, Hendrickson & Pullen, Certified Public Accountants, be engaged to conduct the general City audit and the Federal Compliance Audit for City of Iowa City for the year ending June 30, 1987. i BE IT FURTHER RESOLVED that the City Clerk be appointed to notify the State Auditor. It was moved by Dickson and seconded by Strait the Resolution be a op , an upon ro call there were: AYES: NAYS: ABSENT: X Ambrisco X X Baker X Courtney Dickson X McDonald X Strait r X Zuber Passed and approved this 7th day of April 1987. ATTEST: 7% ��^V(/ C1TY CLERK ;/v City of Iowa City MEMORANDUM Date: April 1, 1987 To: City Council From: Rosemary Vitosh, Director of Finance Re: Retention of Auditor for FY87 Audits The fiscal year 1987 audits will represent the second year of the two-year agreement negotiated with McGladrey, Hendrickson, & Pullen in January, 1986. The FY1986 audit fees are to be adjusted upward by any increase in the Consumer Price Index up to a maximum -of. 5%. The reported Consumer Price Index increase is 1.011%. Therefore, the general City audit will cost $28,389 and the Federal Program Compliance Audit will cost $7,886, or a combined total of $36,275. This figure is comparable with the audit costs for other large Iowa cities, and I feel it is equitable. Therefore, it is my recommendation that the City retain McGladrey, Hendrickson & Pullen to conduct the FY87 audit. __T I RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NOS. 76-354 AND 73-148, AND APPROVING THE RIVERFRONT COMISSION'S AMENDMENT OF ITS BYLAWS TO ALTER THE MEMBERSHIP OF THE RIVERFRONT COMMISSION FOR THE CITY OF IOWA CITY, IOWA. WHEREAS, the City Council of the City of Iowa City has deemed it in the Public interest to establish a commission to assist the City Council in the area of riverfront regulations and policy, and WHEREAS, Resolution No. 73-148 established a Riverfront Commission, and described its power, authority, membership and terms of members; and WHEREAS, the Commission and City Council deem it desirable to reduce the membership and delete the requirement that there be a Planning and Zoning Commission representative on the Riverfront Commission, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Paragraph 1 of Resolution No. 76-354 be amended in its entirety to read as follows: The Riverfront Commission of the City of Iowa City, Iowa, shall con- sist of ten (10) members. Six (6) of the members must be eligible electors of the City of Iowa City; one (1) member shall be a resident of the City of Coralville; three (3) shall be residents of Johnson County, excluding residents of Iowa City and Coralville. The Commis- sion members shall be appointed in the following manner: nine (9) of the members, including those from outside Iowa City, shall be appointed by the City Council of Iowa City, upon recommendation by the Mayor. One (1) member shall be appointed by the City Council of Iowa City upon the recommendation of the Parks and Recreation Commission. Members shall serve without compensation, but shall be entitled to the necessary expenses, including travel expenses, incurred in the dis- charge of their duties. 2. The last sentence of paragraph 3 of Resolution No. 73-148 is hereby deleted (to delete the reference to the Planning and Zoning Commission members term of office) and amended to read as follows: 3. The term of office for the member recommended by the Parks and Rec- reation Commission shall be a one-year term. 3. Amendments of Article II, Sections 1 and 2 of the Riverfront Commission Bylaws, to reflect the deletion of the Planning and Zoning Commission representative requirement, which were approved by the Riverfront Commis- sion, are hereby approved. 08/ *V City of Iowa City MEMORANDUM 011e: February 5, 1987 To: Ray Helmer, Chairman, Riverfront Commission From: Tom Scott, Chairman, Planning and Zoning Commission,Yj� Re: Planning and Zonin g Commission Commission ssion Representative to the Riverfront The planning and Zoning Commission respectfully requests the Commission to eliminate the requirement for a Planning and Zoning Commission representative on the Riverfront Commission. Riverfront through a recommendation to Council from the Riverfront could be Commission wilts hed ad endorsement of the recommendation by the Planning and Zoning Commission. Each P&Z member already has a considerable time commitment in meetings and site visits both in terms of preparation and attendance. Because the River - front Commission only rarely deals with zoning issues, Zoning Commission feels that it is a reasonable request to remove the added obligations and the Planning and responsibilities,duties of Riverfront Commission membership maintain the needed felowe l that information a n an capably from the P&2 P y provide a liaison and issue affecting the Riverfront Commission should basis. could a If a zoning appoint one of its members to serve on the RiverfronthCoP&Z Commission on an ad hot basis until the issue is resolved. Similarly, if the Riverfront Commission has any issues which they would like to bring before the Planning and Zoning Commission, the chairperson of P&Z would be glad to place them on the P82 agenda at the request sion. of the chairperson from the Riverfront Commis - If the Riverfront Commission agrees with this request, we would appreciate Your recommending to Council the following changes in the Riverfront Commis- sion's enabling resolution 73-148, paragraph 2: "...shall consist of ten members." One member or commissioner shall be appointed b City of Iowa City upon the recommendation of the Parks and Recreation Commis- sion." Y the City Council of the The above changes delete references to the Planning and Zoning Commission and thereby reduce the number of Riverfront Commissioners from eleven to ten. Thank you for your consideration. bj5/5 � y/ City of Iowa City MEMORANDUM Date: March 19, 1987 To: Tom Scott, Chairman, Planning & Zoning Commission From: Ray Helme hairman, Riverfront Commission Re: Planning & Zoning Commission Representative to the Riverfront Commis- sion On March 4, 1987, the Riverfront Commission discussed and concurred with your request to eliminate the requirement for a Planning and Zoning Commission representative on the Riverfront Commission. The vote was unanimous to drop the P&Z representative requirement through amendment of the Commission's enabling resolution and bylaws. This will be officially accomplished through Council action on April 7, 1987. It was the consensus of the Commission that rather than relying on the con- tinuous attendance requirement of an already meeting -burdened P&Z representa- tive, zoning issues involving the river could be handled more effectively as they occur through staff facilitation and Conmission cooperation. We look forward to working with you on a productive, ad hoc basis. bj3/10 'I i f8/ -1 RESOLUTION NO. 87-74 RESOLUTION RECLASSIFYING POSITIONS IN THE LIBRARY AND AMENDING THE AFSCME PAY PLAN. WHEREAS, the City Council has established a classification/compensation plan for AFSCME employees; and WHEREAS, the classification plan of the City of Iowa City was established and is maintained to reflect through job classification and compensation the ilevel of job duties and responsibilities performed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions be reclassified and the AFSCME pay plan be amended: 1. By reclassifying the position of Library Clerk (Office) from Grade 2 to Grade 4. 2. By reclassifying the position of Sr. Library Clerk (Community Services) from Grade 4 to Grade 6. It was moved by Strait and seconded by Dickson the Resolution be adopted, an upon ro tall there were: AYES: NAYS: ABSENT: X Ambrisco X Baker x— Courtney x_ Dickson McDonald _x Strait I x_ Zuber Passed and approved this 7th day of April 1987. I � ATTEST: YYI, w CIT CLERK i!s•�! 2� tNn}�j I ('i: I•arl:rr:�f:i q -V ot T 3° ORDINANCE NO. 87-3314 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II, THE BUILDING CODE, BY ADOPTING THE UNIFORM BUILDING CODE STANDARDS, 1985 EDITION AND THE 1985 EDITION OF THE UNIFORM BUILDING CODE EDITED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. PURPOSES. The purpose of this Ordinance is to adopt the Uniform Building Code Standards 1985 Edition, and the 1985 Edition of the Uniform Building Code as prepared and edited by the International 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, Iowa, and provide for its enforcement. SECTION II. AMENDMENTS. 1) Section 8-16 of the Code of Ordinances of the City of Iowa City, Iowa is hereby repealed and substituted in its place is the following new Sec. 8-16. Sec. 8-16. Adopted. Subject to the following amendments, the Uniform Building Code Stan- dards, 1985 Edition, and the 1985 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 by the UBC Application/ Interpretation Manual. 2) Section 8-17 of the Code of Ordinances of the City of Iowa City, Iowa is hereby repealed and substituted in its place is the following new Sec. 8-17: Section 8-17. Amendments. The 1985 Edition of the Uniform Building Code is amended as follows: Section 202, Powers and Duties of Building Official, is amended 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 number of technical officers, inspectors and other employees as may be necessary to carry out the functions of the code en- forcement agency. (c) Right of Entry. Whenever necessary to make an inspection to enforce any of the provision of this code or whenever the build- ing official or his authorized representative has reasonable cause 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 times to inspect the same or to perform any duty imposed 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 reasonable effort to locate the owner or other persons having 00 Ordinance No. 87-3314 Page 2 _I charge or control of the building or premises and request entry. If such entry is refused, the building official or his/her au- thorized representative shall have recourse and every remedy pro- vided by law to secure entry. No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official or his/her author- ized representative, for the purpose of inspection and examina- tion pursuant to this code. Any person violating this subsection shall be guilty of a misdemeanor. (d) Notices. (1) Whenever any work is performed in violation of this code, the building official may serve a written notice or order upon the owner or his/her agent, directing him/her to dis- continue 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 not in compliance 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 equipment 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 discontinue the use within the time period prescribed by the building official 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 represen- tative 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 employee because of such act or omission performed by him/her in the enforcement of any provision of this code, shall be defended by legal counsel provided by this jurisdiction until final termi- nation of such proceedings. This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any certifi- cates of inspection issued under this code. T97 Ordinance No. 87-3314 Page 3 (h) Cooperation of Other Officials and Officers. The building offi- cial may 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. Section 204, Board of Appeals, is amended to read as follows: Section 204. Board of Appeals. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to building con- struction and interpretations of the building official and who are not employees of the jurisdiction. The building official shall be an ex officio member 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 Administrative Code. Section 205, Violations, is amended to read as follows: Section 205. Violation and penalties. (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 submitted and approved thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding $100 or imprisonment 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 employed in connection therewith, and any who may have assisted in the omission of such violation shall be guilty of a separate offense. (b) Abatement. The imposition of penalties herein prescribed shall not preclude the City from instituting an appropriate action or proceed- ing to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, erect or abate a violation or to prevent the occupancy of a building, structure or premises. Section 301, Permits, Subsection (b), is amended to read as follows: (b) Exempted Work. A building permit shall not be required for the following: (1) One-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) Movable cases, counters and partitions not over five feet high. (5) Retaining walls which are not over four feet in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding 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 does not exceed two to one. (7) Walks and driveways not over any basement or story below. Ordinance No. 87-3314 Page 4 _.T (8) Painting, papering and similar finish work. (9) Temporary motion picture, television and theater stage sets and scenery. (10) Window awnings supported by an exterior wall of Group R, Divi- sion 3, and Group M occupancies when projecting not more than 54 inches. (11) Prefabricated swimming pools accessory to a Group R, Division 3, occupancy in which the pool walls are entirely above the adja- cent grade if the capacity does not exceed 5,000 gallons. (12) Reapplication of roof shingles and siding of Group R, Division 3, and Group M occupancies if str needed. uctural alterations are not Unlss mechanical perotherwise exempted, p itswillberequiredseparate forthepabove-exemptedtitems. and Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any in violation of the provisions of this code or any other lawsnnor Section 303,nExpiiration,��Subsectiont(dn (d) Expiration. Under the following �circumstances,ended to eevers follows: by the building official under the provisions of this ode shall expire by limitation and become null and void; 1) if the iiauthorized f such eiis not com- mencdwithin 180 days fromthe daof such te osuch permit - 2) if after 18dofrom the date omsthan -perent ofthe ttalcstof allcostructin,erection, alteration, enlargement, repair, demolition or other work covered by such permit is completed on the site; 3) if the abandoned atianyotimerafterhthezed workyisuch conmenced for or 180 days; period of 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 recommenced, a new permit shall be first obtained so to do, and the fee therefor shall be one-half the amount beenimadefor willebe made inortheucoriginal piansdendnos p cifications for such work; and provided further that the expiration of the permit order for such work has not exceeded one year. In all other cases, in shall pay aenew fullneopermiton afeeermit after expiration, the permittee All permits issued prior to the effective date of this ordinance shall, unless extended hereunder, expire twenty-four (24) months from the date the permit was issued. exten- sion permittee holding an unexpired Permit thetime withinwhichhemaycoamencemvorkpunderothat permit when he is unable to commence work within the time required by this section extend the rtime fordactionfbyt the permittee forba�periodonnot cexceed y Ing 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. */ f, Ordinance No. 87-3314 Page 5 Section 304, Fees, is amended to read as follows: Fees. Sec, 304.(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 Of CounciThe l, te nationalaConference Oftest editionfBuildiinglOffgicialsdmay be usedato determinentthe valuation of a permit. Section 307, Certificate of Occupancy, follows: Subsection (a), is amended to read as (a)• Use or Occupancy. No building or structure of Group A, B, 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 made until the building official has issued a Certificate of Occupancy therefor as provided herein. Section 401, Definitions, General, is amended to read as follows: Definitions. Sec, 401. General, For the purpose of this code, certain terms, Phrases, wards 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 terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's New Collegiate Dictionary shall be considered as providing ordinarily accepted meanings. Section 407, Definitions, 1 "F", is amended to read as follows: Sec. 407. FAMILY. One ( ) person or two (2) more persons related ice bagency,Occupyingdapdwelloingpunit est aysioglevernm housekeepor organiza- c tion. A family may also be two (2), but not more than two ), not related by blood, marriage or adoption. (2persons Section 408, Definitions, "G", is amended to read as follows: Sec. 408. GUEST. An individual who shares a dwelling in a non -perma- nent status for not more than 30 days. Section 409, DefinitionsSec, "H", is amended to read as follows: occupied and used pr9. inicAipally residential eapl Place of licensed guests. state and Section 419, Definitions, "R", is amended to read as follows: Sec. 419, ROOMING HOUSE. Any dwelling or that part of any dwelling containing one or more rooming units in which space is let by the owner or Operator to four (4) or more roomers, Section 421, Definitions, "T", is amended to read as follows: Sec, 421, TRUSS. Is a pre -built and engineered component employing one or more triangles in its construction or an approved designed and engineered component that functions as a structural support member. Section 708, Special Hazards, is amended to read as follows: SPECIAL HAZARDS. Sec, 708. Chimneys and heating apparatus shall conform to the require- ments of Chapter 37 of this code and the Mechanical Code. Storage of Class 1 liquids shall not be allowed in Group B, Divisions 11 2 and 3 occupancies, and the handling and use of gasoline, fuel oil and other Class I, iI or III -A liquids shall not be permitted in any Group D occupancy unless such use and handling comply with the Fire Code, #40 Ordinance Ilo. 87-3314 Page 6 Devices generatingow or within ecaabe of 48piclhes ofitheing flloor in vapor in which Class 1 flammable liquids or gas are used or stored. ater Supply boiler acontaining oiler shallbeseseparated the rest ceral hof tthe building byhnotwless than a one-hour fire -resistive occupancy separation. ERCEPTIOH: Boilers, central heating plants or hot water supply boilers where the largest piece of fuel equipment does not exceed 400,000 BTU's Per hour input. Buildings erected or converted to house high -piled combustible stock shall comply with the Fire Code. Section 908, Special Hazards, is amended to read as follows: SPECIAL HAZARDS. Sec, 908. Chimneys and heating apparatus shall conform to the require- ments of Chapter 37 of this code and the Mechanical Code, separatedb from , the ntrestral hof itheng p building or obywaaehour bfirerreslstive occupancy separation. two In Divisions 1 and 2, there shall be no openings in such occupancy separations except for necessary ducts and piping, menIn any room in a Group is Division 1, 2 or 3 occupancy in which Class 1 tishall notabeous dus aunlesssare stored or such equipment ha�,beenrlistedsspecifically for the hazardous atmosphere that may develop, In Division 4 occupancies, devices which generate a spark or glow capable of igniting gasoline vapors shall not be installed or used within 48 inches of the floor. The use, handling and sale of Classes I, II and III -A liquids shall be in accordance with the Fire Code. Dry cleaning plants shall comply with the Fire Code. Equipment or machinery which generates or emits combustible or explo- sive dust or fibers shall be provided with an adequate dust -collecting and exhaust system installed in conformance with the Mechanical Code. shall The storage and handling of cellulose nitrate plastics other than film com- bustible fibercindance amountsth the beyondFire Code. the exemptions oofTable Ihandlingo. of shallobe in accordance with the Fire Code. ber 500Ccubictible feet hall be separated d from thee rooms or lts remainder ofcthecbui dingebyna two-hour fire -resistive occupancy separation. Buildings erected or converted to house high -piled combustible stock Sectshall ion1201, ComplRequirementsWitthe �for CGroup R Occupancies, Division 1, is amended to read as follows: Division 1. Hotels, apartment housesand rooming houses. Convents and monastery (each accommodating more than ten (10) persons). Section 1205, Light, Ventilation and Sanitation, per (a), is amended to read as follows; Sec, 1205,(a), Light and Ventilation. ,with natural ngs with an area not less than and habitable rooms within a dwelling unit sAll guest roomsdormitories hall be provided light by means of exterior glazed openi eight percent (8%) of the floor area of such rooms with a minimum of eight (8) square feet. All bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of Ordinance No. 87-3314 Page 7 openable exterior openings with an area not less than one -twenty-fifth (1/25) of the floor area of such room with a minimum of one and one (1 1/2) square feet. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of operable 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 rooms, dormitories, habitable rooms and in public corridors. One (1 /5) or the air supply shall be taken from the outside. In bathrooms, water closet com- partments, laundry rooms and similar rooms, 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 ventilation requirements, any room may be considered as a por- tion of an adjoining room when one-half (1/2) of the area of the common wall is open and unobstructed and provides an opening of not less than eight (8) percent of the floor area of the interior room or tw (25) square feet, whichever is greater. enty-five 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 or court; and b. Has a ceiling height of not 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 exte- rior glazed openings provided artificial lighting is provided. Section 1207, Room Dimensions, Subsection (a), is amended to read as follows: ROOM OIMENSIONS. Sec. 1207.(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 compart- ments may have a ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling. Where exposed beam ceiling mbe measured toembers are spaced at less than 48 inches on center, ceiling height shall be members are spacedeato48o nchesbttm oftorsmoremanrcenterhe ceilingreex, ed height shallnbe measured to the bottom of the deck supported by these members, provided that the bottom of the members is not less than seven (7) feet above the floor. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half (1/2) the area thereof. No portion of the room measuring less than five (5) feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof. If oom has a ceilin, the required any inr two-thirds (213)dthe area thereof, but bin nocrid �case shaglllint is the height of the furred ceiling be less than seven (7) feet. #191 Ordinance No. 87-3314 Page 8 EXCEPTION: The ceiling height in Group R, Division 3 occupancies, may be reduced to six feet eight inches (6'8") for main support beams, but in no case shall reduce the prescribed ceiling height by less than two-thirds (2/3) of the floor area of the room. Chapter 17 is amended by adding the following new Sections 1717 (Minimum Ceiling Heights) and 1718 (Trusses): MINIMUM CEILING HEIGHTS. Sec. 1717. All occupancies shall have a minimum ceiling height of not less than seven (7) feet measured to the lowest projection from the ceil- ing except as otherwise required by this code. TRUSSES. Sec. 1718. Preparation, fabrication and installation of trusses shall conform to accepted engineering practices and to the requirements of this code. No alterations, including but not 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 accept- able to the building official shall be corrected or the altered member removed and replaced with an acceptable method of construction. 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: Sec, 1807.(a), Scope. This section shall apply to all Group B, Divi- sion 2, office buildings and Group R, Division 1, occupancies located in buildings which are more than four (4) stories or sixty-five (65) feet heigthe lowest of or of htthantheladder l apabilityeofrthe nfire hdepartment sf om theglreater owest level of department vehicle access. Such building shall be provided with an automatic sprinkler system in accordance with Section 1807.(c). Section 2516, General Construction Requirements, Subsection (f),4.6., is amended to read as follows; Sec, 2516.(f),4.B, 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 does not 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 may be nine thousand (9,000) square feet and the great- est horizontal dimension may be one hundred (100) feet. 2. Draft stosbe Section 2907, Footings,nSubsection (a),attics of sinlisfamilamendedwtolread asinsyfollowstted. Sec, 2907.(a). General, Footing and foundations, unless otherwise specifically provided, shall be constructed of masonry, concrete or treated wood in conformance with U shall extend below the frost line,.D.C. Standard No. 29-3 and in all cases Footings of concrete and masonry shall be of solid material. Foundations supporting wood shall extend at least six (6) inches above the adjacent finish grade. Footings shall have a minimum depth as indicated in Table No. 29-A unless another depth is recommended by a foundation investigation. EXCEPTION:A one-story accessory building not 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, #ro Ordinance No. 87-3314 Page 9 TABLE N0, 29-A, Foundations for Stud Bearing Walls amended to read as follows: - Minimum requirements, is TABLE NO. 29-A - FOUNDATIONS FOR STUD BEARING WALLS - MINIMUM REQUIREMENTS Number of Thickness of Floors Foundation Walls Supported BY the (Inches) FounFoun=1 Concrete Masonr —Y Foundations floor. Minimum Width Footing Inches 16 16 Minimum Depth of Foundation Below Natural Surface of Thickness Ground or Finish Of Footing Grade (Whichever Inches is Lowe Inches 42 42 only shall be as requiredefor support - Section 3205, Attics: Access, Draft Stops and Ventilation is amended to read as follows: Sec. 3205. (a) Access. � Subsection (a), the ceiling of the to An attic access opening shall be provided in construction, p floor of buildings with combustible ceiling or roof buildings of three opening shall be located in a corridor or buildings of an (3) or more stories in height and readilyhallway of The clear opening Closets are not deemed to be readily accessible in (20"xe clear shall be not less than twenty inches b Y accessible. Thirty inch Y thirty inches access opening (30") minimum clear head room shall be provided above the Attics with'a maximum vertical clear height of less than thirty (30") need not be provided with access openings, Section 4506, Awnings, Subsection b inches Sec. 4506(b) Construction. ()' is amended to read as follows; but may have combustible coverings nEvergs hall have non-combustible frames retractable. When collapsed, retracted or folded asainstthe be collapsible or blockranygr required building, design shall be such that the awning acdoes not 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 retardant materialandbe designed to allow ground ladder access to the upper level windows, flame shall be integral to the fabric, lot aetemporaryretardanctreatment.e of the Ladder access shall comply With NFPA recommendations determined by the Fire Chief. Ladder The following sections of the Uniform Building Code have been deleted: ill be 1. Section 304.(b), (c) and (e), 2• Section 305.(e), 2 and 4, 3. Table No, 3-A. 4. Section 511.(a).5. 5. Section 1213. 6. Section 1701.(c) and (d). 4fly Ordinance No. 87-3314 Page 10 �i 7. Section 1807.(1). 8. Appendix Chapter 1. Appendix Chapter 7, Division II. Appendix Chapter 11. Appendix Chapter 12. Appendix Chapter 23. Appendix Chapter 32. Appendix Chapter 35. Appendix Chapter 38. Appendix Chapter 49. Appendix Chapter 51. Appendix Chapter 53. Appendix Chapter 55. Appendix Chapter 57. SECTIONAppChapter REPEALER: All ordinances and parts of ordinances in conflict wi > e provision o this ordinance are hereby repealed. SECTION V. SEVERABILITY: If an section s a e a 3u ge o e invalid or unconstiptutiision onalosuchradjudicationOrdinance shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. i SECTION VI. EFFECTIVE DATE: This Ordinance shall be in effect after its ina passage, approva an This as required by law. Passed and approved this 7th day of April, 1987. AYOR � ATTEST: CITY CLER Received & Approvea By the Legal Depar:tnent i zl It was moved by McDonald and seconded by Strait , that the Ordinance as rea e a op ed and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO —I— BAKER X COURTNEY X DICKSON X MCDONALD �- STRAIT X ZUBER First consideration 3/10/87 Vote for passage: Ayes: Courtney, Dickson, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. Absent: None. Second consideration Vote for passage Date published 4/15/87 Moved by McDonald, seconded by Strait, that the rule requiring ordinances to be considered and voted on for passage at tiao 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, Courtney, Dickson, McDonald, Strait, Zuber. Nays: None. Absent: Baker. T -0r