HomeMy WebLinkAbout1986-06-03 Ordinancet'
ORDINANCE NO. 86-3288
AN OPDINAN,E MENDING CN4FiER 9.1 ("CITY PLATA") OF
THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY,
ICWA, BY REPFALID6 SECTIONS 9.1-2, 9.1-3, 9.1-7,
9.1-8, AND 9.1-11 TFEREIN AND SUBSTITUTING THEREFONE
NEW SECTIONS 9.1-2, 9.1-3, 9.1-7, 9.1-8, AND 9.1-11.
SECTION I. PURPOSE. The purpose of this arend-
ment is to provide or plaza cafes in City Plaza, to
provide for cormercial and non-cmmercial speech
activities in City Plaza, to provide for specific
criteria for other permitted events in City Plaza,
to provide that the City tanager may, after consul-
tation with the City Attorney, naive insurance re-
quirerents for certain events on City Plaza, to
eliminate the provision for automatic one-year
renewals for permits, to provide for specific proce-
dures for revocation of permits, and to provide for
a map of City Plaza to be kept on file in the office
of the City Clerk.
SECTION II. NEMUIT. Chapter 9.1 ("City
Plaza o e o manes of the City of
Iona City, Ioa, is hereby ameded as follows:
1. Section 9.1-2 is hereby repealed and substituted
in its place is the following new Section 9.1-2:
Sec. 9.1-2. Definitions.
[For the purposes of this chapter, the following
terms shall have the meanings stated herein:]
Ambulatory vendor: An individual selling
goods or services chile noving through Zones 1,
2 and 3 and operating without the use of a
mobile vending cart or kiosk and with a minimun
of equiprent, e.g., balloons, portrait artist.
Audio ambience: A localized use of sound
intended to create a pleasant, relaxing atmos -
City Plaza: That part of City property
extending frau the northern right -of -ray line to
the southern right-of-way line of College Street
from the eastern right-of-vay line of Clinton
Street to the western right-of-way line of Linn
Street; and extending fran the western right -
of -ray to the eastern right-of-way line of
Dubuque Street from the southern right-of-way
line of Washington Street to the southern right -
of -my line of College Street. Also, Urban
Peneval Parcel 65-2a, described as follows:
Beginning at the norUmst corner of Lot 4,
Block 65, of the original torn of Iowa City,
Iowa, according to the recorded plat thereof,
thence along the southerly right-of-way line of
Washington Street, 60.28 feet; thence south 00
degrees 43 minutes 36 seconds rest, 59.93 feet
to a point on the easterly right-of-way line of
Dubuque Street, thence north 00 degrees 07
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minutes 39 seconds west, along said easterly
rico �t-of-way line, 110.65 feet to the point of
beginning.
Kiosk: A small structure that is stationary
and can be either permanent or seasonal in
nature.
Landscaping: Lire plant material used
strictly for an ornamental or ecological pur-
pose.
Mobile vending cart: A non -motorized struc-
ture on wheels that is easily proved and is used
for vending.
Mobile vendor: Operator of mobile vending
cart.
Outdoor cafe: An outdoor area immediately
adjacent to a restaurant (food service estab-
lishent) where food and beverages, dispensed in
the food service establishment, are taken for
consumption by prions seated at tables in the
outdoor area.
Penment structure: Any structure erected
for a year-round use.
Plaza cafe: An outdoor area in City Plaza
imrediately adjacent to a restaurant (food
service establishment) where food and beverages,
dispensed in the food service establishmnt, are
taken for consumption b/ persons seated at
tables in the outdoor arca.
Seasonal construction: Any structure erected
for a seasonal or temporary activity and which
is removed from the plaza in off-season.
2. Section 9.1-3 is hereby repealed and substituted
in its.place is the following new Section 9:1-3:
Sec: 91-3: Description of mall zones:
(a) Zone 1: The tem -foot strip directly abut-
ting the private property lines. Zone 1
extends the length of the City Plaza along
all sides of the plaza.
(b) Zone 2: The six-foot pedestrian lanes
adjoining Zane 1 on each side, the land-
scaped areas, the areas with street fumi-
ture and features, and other areas as
specified on nap.
(c) Zone 3: The emrgemcy/service lane.
The zones are illustrated on the City Plaza nap
kept on file in the office of the City Clerk.
This nap can be anerded frau time to titre as
necessary by resolution.
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3. Section 9.1.7 is herthy repealed and substituted
in its place is the following now Section 9.1-7:
Sec. 9.1-7. use of City Plaza.
(a) Permitted uses: Permitted uses include
those listed belcm.thein es consistent
section 9.1-1
with the purposes stated
may be permitted if specifically approved.
When a mobile or temporary use is allowed,
it is understood that this authorization
does not extend to Zone 1 or Zone 2 areas
which are already leased for other pur-
poses; e.g., mobile vending carts may not
approach patrons seated in a plaza cafe.
(1) Prdrulatory vendors, e.g., balloons or
portraits (Zone 1, 2, 3).
(2) Mobile vending carts for food, floc
ers/plants, newspapers/negazines, etc.
(Zone 2).
(3) Plaza cafe (Zone 1, 2).
(4) Stairways to basemts- Pursuant to
Chapter 104A of the Code of Iona,
stairways shall only be permitted when
the business on the baserent level has
an alternate entrance which makes it
accessible to the handicapped or
otherwise complies with state law
(Zone 1).
(5) Display wnndav extensions (Zone 1).
(6) Building front and/o baserent exten-
sions provided the use of the exten-
sion is the sane as the store activity
(Zone 1).
(7) Municipally ovned kiosks.
(8) Landscaping (Zone 1, 2).
(9) Arts and crafts sales of handmade
articles try an organized guild, asso-
ciation or club on an occasional basis
(Zone 1, 2).
(10) Sales or exhibits by individual art-
ists or artisans and food vending on a
temporary basis for special events
(Zone 1, 2, 3). Zone 3 users must be
totally ambulatory.
(11) Events of an educational or entertain-
ment nature (Zone 1, 2, 3). Zone 3
users trust be totally ambulatory:
(12) Non-canemial speech activities,
including but not limited to, po s
cal, religious and other non-carmer-
cial expressive speech (Zone 1, 2, 3).
Zone 3 users mist be totally ambula-
tory
(13) Cmmercial speech activities, includ-
ing but not limited to, the dissemina
tion of information about conmer'cial
products and/o• services and/or the
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canvassing of public opinion and atti-
tudes regarding camercial products
and/or services (Zone 2).
(b) Usable area:
(1) Zone 1: Permits may be issued for any
part of Zone 1. Building extensions
shall only be allayed Wbere, in the
sole judgrent of the City Council such
extensions enhance the quality of City
Plaza.
(2) Zone 2: The usable areas are as shown
on the plaza diagrams on file in the
office of the City Clerk.
(3) Plaza landscaping may be modified or
reroved to a limited extent, if the
net effect enhances the ambience of
the City Plaza and if approved as part
of the permit application. The appli-
cant in such cases nest agree to
restore the plaza landscaping to its
original condition upon termination of
the permit and provide a bond or
escrow account in an aronmt determined
by the City.
(4) Zone 3: The area is to be used only
for ambulatory vendors with its pri-
mary purpose to be maintained as an
erergency/service lame.
(c) Says and hours of operation: Buildings
extended onto the City Plaza are to be open
at least during normal retail business
hours, Monday through Saturday, throughout
the year. Mobile carts may operate season-
ally but must be at least in operation
substantially through normal retail busi-
ness hours, Monday through Saturday, M>ay 1
to October 1. Other months of operation may
be granted by permit for arbulatory vendors
and mobile carts When the product is re-
lated to another season. The time of opera-
tion for plaza cafes is provided in Section
9.1-8(c).
(d) Noise control: Any request for the use of
sound must be specifically approved and may
be permitted only if it will encourage an
audio ambience within the City Plaza, while
at the sore time protecting the general
public from an overload, volure or type of
sound that is disturbing or inappropriate
for a pedestrian area.
(e) Insurance and indemification: The appli-
cant shall agree to indemify, defend and
save harmless the City of Iaa City, its
agents, officers and employees, from and
against all claims, damages, losses and
expenses in any manner resulting fran,
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arising out of or connected with the con-
struction, use, maintenance or re oval of
any structure, cart or use. The applicant
shall at all tines maintain a policy of
liability insurance in the minimum anount
of three hundred thousand dollars
($300,000.00) for personal injuries, and
fifty thousand dollars (;50,000.00) for
property danege arising out of the permit-
ted operation. The applicant shall file, in
the office of the City Clerk, a copy of the
liability insurance policy executed by a
ca pany authorized to do insurance business
in the State of Im in a form approved by
the City Clerk. The policy shall further
provide thirty (30) days' notice of cancel-
lation or material change to the City
Clerk. Such cancellation or change without
written approval shall automatically revoke
the permit or lease.
The City Manager may, after consultation
with the City Attorney, waive the insurance
requirenents for any casual and/or terpo-
rary sales activity, for any cultural or
entertaiment activity, or for any camer-
cial or non-cammercial speech activity as
they deem appropriate.
(f) Performance time limits: Mobile vending
carts nest be in operation within sixty
(60) days of the start date provided for in
the permit, or the permit approval shall
autaretically expire.
(g) Maintenance: The applicant is responsible
for maintaining the area within and in
proximity to his/her location in a clean
and hazard -free condition, including snow
reroval for a distance of ten (10) feet
from any structure occupied by the appli-
cant.
Supplenentary trash containers mist be
provided if considered necessary and speci-
fied in the lease or permit. The exterior
of all structures and carts must be main-
tained in good condition by the applicant.
(h) Illunination: Nighttime interior illunina-
tion of all building fronts and baserent
extensions, display window extensions and
baserent stairwells is required during
hours of operation.
(i) Newspaper-vedirg machines: The City will
rrake available, at a reasonable cost, space
in the City -aped newspaper dispenser units
on City Plaza. In the case of riore applica-
tions than available space, a selection
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procedure that is deened fair, reasonable
and appropriate by the City shall be estab-
lished.
(j) Construction costs: All costs of coratruc-
tion are to be paid by the applicant,
including costs of damage or repair to the
City Plaza caused by the construction.
4. Section 9.1.8 is hereby repealed and substituted
in its place is the following new section 9.1'8:
Sec. 9.1-8. City Plaza use permits.
(a) Mobile vendors: specific locations have
been designated within the boundaries of
City Plaza for the operation of mobile
vending carts. Each mobile veiling pamit
shall carry with it the authorization to
operate at one or two (2) designated loca-
tions. The vendor may sell in transit if a
customer request is made, provided the
primary trade shall be conducted at one of
the designated locations.
All lease applications for mobile vendor
operations mist be received ash oftour
he(4) weeks before the proposed
lease.
The City Manager or his/her appointed
designee may issue a permit to operate a
mobile vending cart in the public right-of-
way of City Plaza after careful considera-
tion and assurance that the following
conditions have or will be met:
(1) An authorized designated nubile vend-
ing location is available which will
not interfere with the operation of an
existing mobile vector, the general
use of City Plaza, and free vmmt
within the ene 9encY/service lane -
(2) The applicant's proposed node of op-
eration will not impede the free flow
of pedestrian traffic along the City
Plaza right-of-way, and in or out of
retail establishments fronting on the
plaza.
(3) The applicant agrees to operate
his/her business only within the
boundaries of City Plaza and only at
designated mobile vending locations or
in transit between then. The appli-
cant's permit may be revoked if these
specified locations are not used.
(4) The dimensions of the applicant's
vending cart shall not exceed asizze
of four feet ong(by six (6feet )ide fecabyigh9 ( )
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(5) The applicant shall store the vending
cart off the City Plaza and shall
describe the provisions for storage in
the permit application.
(6) The applicant has obtained all neces-
sary permits required by the Johnson
County Department of Health.
The sale or assignment of a mobile
vending permit for City Plaza is ex-
pressly prohibited. The City reserves
Vie right to revoke a permit as it
deems necessary.
(b) Ambulatory vendors: The City Manager or
his/her designee may issue a permit for the
purposes of arbulatory vending in the
public right-of-way of City Plaza after
careful consideration of the applicant's
proposed business, and assurances that the
folloAng conditions have or will be amt.
All applications for anbulatory vendor
operations rust be received at least five
(5) days before the proposed start of
operations.
(1) The applicant will operate without the
use of a mobile vending cart, and with
a minimm of equipnamt.
(2) The applicant's proposed mode of
operation neither will inure the free
flaw of pedestrian traffic along the
City Plaza right-of-vay, nor shall it
interfere with such pedestrian move-
nert into or out of retail establish-
ments fronting on the plaza.
(3) The applicant will conduct his/her
vending ompletely within the bounda-
ries of City Plaza.
(4) The applicant has obtained all neces-
sary permits required by the Johnson
County Deparbnant of Health.
The sale or assigrrent of an ambulatory
vending permit for City Plaza is expressly
prohibited.
(c) Plaza cafes:
(1) Any person, firm or corporation desir-
ing to operate a plaza cafe in the
City Plaza mut first obtain the
approval and permission of the City
Council. Such permission, if granted,
shall be given by adoption of a reso-
lution authorizing the execution of a
lease for the area in question.
Applicants seeking permission to
operate a plaza cafe shall submit
their applications in writing to the
City Manage upon forms provided by
the City. The plaza cafe area mut be
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adjacent to or directly in front of a
building housing a restaurant or food
service establishment and utilization
of that area is subject to the build-
ing cwner's approval.
(2) An application for a plaza cafe shalt
include a lease executed by the opera-
tor of the restaurant or food service
establishment, and/or ty the owner of
the abutting building housing the
restaurant or food service establish-
ment. If the owner of the building is
not a signatory to the lease, the
application shall contain a letter
from the owner consenting to the
operation of the plaza cafe in the
plaza area abutting the building. The
lease shall contain provisions as
hereafter set forth, and shall be in
the form provided and required by the
City.
An application for a plaza cafe
shall also, include a plot plan, a
picture or illustration of the aneni-
ties to be used, including the tables,
chairs, table canopies, and nethod for
delineating the cafe from the rest of
City Plaza. Such material shall be
submitted to the Design Review Carmit-
tee for review. The recam endation of
the Design Review Committee shall be
forwarded to the City Council in
conjunction with the Council's consid-
eration of the lease.
In addition, the application shall
provide the rare and address of the
owner of each immediately abutting
property. City staff shall notify
immdiately abutting property owners
by letter of the nature of the appli-
cation, and the date and tine this
item will appear on the agenda for
approval by the City Council. Applica-
tions will be processed by the City
staff, with the review and final
approval of any use by the City Coun-
cil. If the application and lease is
approved ty the Council, City staff
will be responsible for the adnini-
stration of the lease and collection
of the rental fees.
A uniform rental fee rate for plaza
cafes will be established by the City
Council by resolution and may be
updated annually prior to lease -up of
plaza cafe areas.
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An applicant for a plaza cafe who
desires to have same approved for use
as an outdoor service area forthe
service of alcoholic beverages n -shall
and
so indicate on the application,
shall submit such additional inform -
tion n _ as
tion in support of the app
required by Chapter 5 of this Code of
Ordinances of the City of Iowa City.
The City Council Rey,in its
discre-
tion, tion, approve an app
outdoor service area, but an applica-
the City
the shan for an ll service
l not be approved
unless the application for a plaza
cafe is also approved.
(3) A plaza cafe may sea area area shall
as Zone 1, but a plaza
not extend into the plaza in a manner
that will not allow a minis n of eight
feet of unobstructed plaza area re-
fining for pedestrian use, nor shall
it interfere with pedestrian rrovarcnt
into or out of retail establishments
fronting on the plaza. The eight foot
unobstructed Portion of the plaza
should be continuous and contiguous
with the adjoining walkways in such a
manner as to provide uninterrupted,
smooth passageway for all pedestrians.
If the existing walkway is less than
eight feet in width, no encroachment
will be permitted. In approving an
application for a plaza cafe and in
authorizing the execution
fa lease
shall be
for same, the City ress finding
required to make an exp
that the plaza cafe will rouse
consti-
tute an obstruction to pedestrian
of the plaza area, and such finding
shall be included in the resolution
approving same.
(q) The operation of plaza cafes shall be
subject to the following terms and
conditions, which terms and conditions
shall be set out in the lease to be
approved by City Council.
a. Plaza space may be leased for use
as a plaza cafe only frau April 1
through August 31 of each year,
and all such leases shall ccmrrence
and terminate, respectively,
on
those dates. A single lease
may
not cover more than one operating
season.
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b. Plaza cafes shall be operated anc
used only between the hours of
11:00 a.m. and 8:00 p.m: each
day.
c. Outdoor cafes immediately abutting
City Plaza shall be required to
observe the same ham and months
of operation as plaza cafes.
d. The area for a plaza cafe shall be
temporarily delineated during
operation by ropes or some other
suitable method which shall be
clearly visible to pedestrians.
Tables, chairs and other items are
to be removed at the end of each
day's operation and the plaza cafe
area restored to its nomal condi-
tion as a pedestrian way. No
materials shall be stoned am the
public right-of-way;
e. The operation of any plaza cafe as
defined herein shall be in confor-
mity with all applicable Federal,
State and local laas and regula-
tions. The plaza cafe, as part of
a restaurant, mut be licensed by
the Johnson County Board of Health
as a food service establishment.
In the event of the lapse, revo-
cation or suspension of such
license, lessee shall imrediately
cease its use of leased plaza
space.
f. All tables and chairs in the plaza
cafe area shall be set back, for
safety purposes, at least ten feet
from alleys and shall not be
located within ten feet of a
street intersection. A plaza cafe
ney not utilize any public ameni-
ties as benches, seats or tables.
g. Alplified sound equipront shall
not be permitted. Additional
advertising or identification
signage beyond that permitted for
the main restaurant shall not be
permitted. Any amenities (such as
chairs, tables and umbrellas)
shall not have any advertising on
their surfaces. Compliance with
the City noise ordinance shall be
required.
h. Every plaza cafe lessee shall be
required to execute an agreement
to defend, indemnify and hold the
City harmless from liability
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arising from its lease and use of
plaza. space for plaza cafe pur-
poses. Every such lessee shall
further be required to provide
evidence of public liability
insurance in such amount and with
such coverages as are deemed
sufficient by the City.
i. The owner or operator of a plaza
cafe shall be required to observe
the sane per square foot occupancy
limits that apply to the building
which it abuts. The occupancy
limit for each plaza cafe shall be
determined by the City building
official and set forth in the
lease. Upon closing the plaza cafe
for the day, or in the event
inclement weather requires early
closing, the owner or operator
shall not allow patrons of the
plaza cafe to enter the restaurant
housed in the adjacent building if
to do so would result in exceeding
the occupanicy limits of the res-
taurant as determined and estab-
lished by the City building
official.
j. Food and beverages mist be avail-
able for service to patrons in a
plaza cafe during all hours of
operation.
k. Alcoholic beverages may not be
dispensed to patrons of a plaza
cafe unless such area has been
approved as an 'outdoor service
area" pursuant to Chapter 113 of
the Iowa Code, Chapter 150 of the
Iowa Administrative Code and
Chapter 5 of the Code of Ordi-
nances, City of Iowa City. Due to
the limited hours and months of
operation of plaza cafes and
outdoor cafes adjacent to City
Plaza, such cafes will be exempt
fran those provisions of Chapter 5
of the Code of Ordinances, City of
Iowa City, relating to the loca-
tion and screening of outdoor
service areas.
1. In the event that the City Council
determines that it is no longer in
the public interest to maintain a
particular plaza cafe, or plaza
cafes in general, either because
of threat to public health, wel-
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fare or safety, or because of the
creation of a nuisance involving a
plaza cafe; or because of the
violation of any statute; lar,
rule or regulation involving a
plaza cafe, then in that event the
City Council Trey cancel such lease
or leases, utilizing the procedure
hereafter set forth.
I. The City Council shall, by
resolution, authorize the
giving of notice of cancella-
tion, such cancellation to be
effective not less than 14
days after the giving of
notice.
2. The notice of cancellation
shall state the date and tine
at which cancellation of the
lease will be effective and at
which use of plaza space mut
cease. The notice shall
indicate the reason(s) for
cancellation and shall also
indicate that the lessee tray
appeal such cancellation by
giving written notice of
appeal to the City Clerk
within three days of the
lessee's receipt of notice of
cancellation.
3. The appeal of a cancellation
of a plaza cafe lease shall be
heard by the City Council in
accordance with the procedures
set forth in Sections 2-186
and 2-187 of the Code of
Ordinances, City of Im
City.
(d) Other events: For all other events, an
application for the use of City Plaza nut
be received at least ten (10) days before
the start of the evert. The City Manager
or his/her appointed designee nay issue a
pemit for all other painitted events pro-
vided: 1) that the event will neithef
impair the free flaw of pedestrian traffic
along the City Plaza right-of-way, nor
interfere with such pedestrian rmvmmt
into or out of retail establishnents front-
ing on the plaza, and 2) that the event
will mrply with all other reluirments of
this chapter. The City Manager shall es-
tablish and place on file in the office of
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the City Clerk written regulations govern-
ing the time, place and mama in which the
permitted events may be conducted'
(e) Pernaheat and terporary structures: The
City Manager, upon approval of City Coun-
cil, may enter into an agreenent for the
sale or lease of public right-of-way in the
City Plaza for the construction of an
addition to an existing store front or for
the terporary or seasonal use of Zone 1 by
the amer or operator of abutting property.
Said lease or sale shall only be entered
into after careful consideration and assur-
ance that the following conditions have or
will be net:
(1) Building design:
a. Additions to buildings shall be
harmonious in scale and design
with peiment neighboring struc-
tures and with the City Plaza.
b. Materials shall be suitable for
the style and design of buildings
in which they are used.
c. Materials which are architec-
turally hammious shall be used
for all building walls and other
exterior building canponents
wholly or partly visible from
public ways.
d. Selection of materials shall be
guided by the following:
1. Hammy with adjoining build-
ings;
2. Relationship to the brick and
wood there of City Plaza;
3. Materials shall be of durable
quality.
e. Building canponahts, such as
windaas, doors, eaves, and para-
pets, shall have good proportions
and relationship to one another.
f. Colors shall be selected for their
harmry and/or ability to conple-
ment the color scheme of the City
Plaza.
g. Fec hanical equipneht or other
utility hardware on roof, ground
or buildings shall be screened
fron public view with materials
hammious with the building, or
shall be located so as not to be
visible from any public ways.
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h. Exterior lighting shall be part of
the architectural concept. Fix-
tures, standards; and all exposed
accessories shall be harmonious
with building design.
(2) Signs:
a. All signs shall be part of the
architectural concept. Size,
color, lettering, location and
arrangement shall be harmonias
with the building design, and
shall be compatible with signs on
adjoining buildings.
b. Materials used in signs shall have
good architectural' character and
be harmonious with building design
and the materials used in the City
Plaza.
c. Every sign shall express in scale
and in proportion an appropriate
visual relationship to buildings
and surroundings.
d. Colors shall be used harmoniously
and with restraint. Excessive
brightness and brilliant colors
shall be avoided. Lighting shall
be harmonious with the design. if
external spot lighting is used, it
shall be arranged so that the
light source is shielded from
view.
(3) Additional criteria:
a. the design review committee may,
from time to time, formulate
additional design criteria for the
review of Proposed construction
Pursuant to this chapter. Such
criteria shall beam effective
only WX n adopted by the City
Council by resolution.
b. No building pamdt for the con-
struction of MY tehporary struc-
ture
trumtura or any building extension to
be constructed pursuant to this
chapter shall be issued until
Plans for said construction have
been reviewed by the design review
committee and approved by the City
Council. The design review commit-
tee shall, within thirty (30) days
Of receipt of said plans, review
the Plans and advise approval,
approval with conditions, or
disapproval in a written report
forwarded to the City Council and
the applicant. if the design
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review cammittee recanrends ap-
proval with conditions, it shall
require the affirmative vote of
five (5) members of the City
Council to constitute City Cauncil
approval pursuant to this section
unless such conditions are nret;
and if the design review conmittee
recamends disapproval, it shall
require the affirmative vote of
five (5) members of the City
Council to constitute City Council
approval pursuant to this section.
5. Section 9.1-11. is hereby repealed and substi-
tuted in its place is the following new Section
9.1-11:
Sec. 9.1-11. Termination and revocation.
(a) Permits for specific locations shall be for
one year.
(b) PaTrits are man -transferable. Leases may
be assigned or sublet only upon prior writ-
ten approval of the City Council.
(c) Revocation of permit: The City Manager is
authorized to revoke a permit issued under
this Chapter whenever (1) the holder has
failed to comply with any provisions of
this Chapter, or (2) a situation involving
the permitted event exists which presents a
threat to the public health, welfare or
safety, or the creation of an obstruction
to pedestrian use of the plaza, or the
creation of a nuisance, or the violation of
any statute, law, rule or regulation in-
volving the permitted event. Said revoca-
tion shall be effective no less than 14
days after written notice of the sore; the
notice of revocation may be appealed and
heard before the City Council pursuant to
the procedures set forth in Sec. 2-18, et
seq. of the Code of Ordinances, City of
Iowa City. Nothing in this section shall
prohibit emergency orders under Sec. 2-188
of the Code of Ordinances, City of IoA
City.
SECTION III. REPEALER: All ordinances and
parts of o inances m conf ict with the provision
of this ordinance are hereby repealed.
SECTION IV. SEVERABILITY: If any section,
provision or pa o e mance shall be adjudged
to be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
97Pe
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16
SECTION V. EFFECTIVE DATE; This Ordinance
shall in effect a i ma passage, approval
and publication as required by law.
Passed and approved this 3rd day of June,
1986.
It was moved by Dickson , and seconded by Zuber
that the Or finance as read e adopted and upon roll call t ere
were:
AYES: NAYS: ABSENT:
_ X AMBRISCO'
X BAKER
X COURTNEY
X DICKSON
X MCDONALD
X STRAIT
X ZUBER
First consideration 5/27/86
Vote for passage: Ayes: Baker, Courtney, Dickson, McDonald.
Nays: Strait, Ambrisco. Absent: Zuber.
Second consideration 6/2/86
Vote for passage Ayes: Baker, Courtney, Dickson, PUonald,
Zuber. Nays: Ambrisco, Strait.
Date published 6/11/86
97,4Z
-Al
ORDINANCE NO. 86-3289
AN ORDINAJU MENDING CfAPTER 5 OF THE COIF OF
ORDINANCES, CITY OF IOWA CITY, BY AMENDING SECTION
5-1 TNFREDF TO PROVIDE A DEFINITION OF TPF TERI
'OUTDOOR SERVICE AREA," AND BY ADDING TIMO NEW
SECTIONS 5-39 TffD" 5-44 RELATING TO TIE REW-
TION OF OUTDOOR SERVICE AREAS.
BE IT ORIIAINED BY THE CITY COLKIL OF TRE CITY OF
IOWA CITY, IOWA, 1147:
SECTION 1. RMOSE: The purpose of this revision
of Chapter 5 is to define the term 'outdoor service
area" and to provide regulations for their operation
in conjunction with a premises 1 icenseJ to sell beer
or alcoholic beverages.
SECTION2. NUUNENT. Chapter 5 ("Alcoholic Bever-
ages , tion 5 of the Code of Ordinances of the
City of Ioa City is hereby repealed and substituted
in its place is the following new Section 5-1
"Definitions," to read as follows:
Sec. 5-1. Definitions.
The following definitions shall apply to this
chapter:
Alcohol means the product of distillation of
any fermented liquor rectified one or more tires,
vhatever my be the origin thereof, and includes
synthetic ethyl alcohol.
Alcoholic liquor or alcoholic beverage in-
cludes the three (3) varieties of liquor defined
oder the terms "alcohol," "spirits" and "wine"
in this section, except "beer' as defines in this
section, but including all beverages made as
described in such definition of beer which con-
tain more than four (4) percent of alcohol by
weight, and every liquor or solid, patented or
not, containing alcohol, spirits, or urine, and
susceptible of being consumed by a human being
for beverage purposes.
Application means a formal written request
for the issuance of a permit or license supported
by a verified statement of facts.
Beer means any liquid capable of being used
for beverage purposes made by the fermentation of
an infusion in potable water of barley, malt, and
hops, with or without nmalted grains or
decorticated and degerminated grains containing
not more than four (4) percent of alcohol by
weight.
Clio means any non-profit corporation or
association of individuals, which is the owner,
lessee, or occupant of a permanent building or
part thereof, meabership in which entails the
/%*50
Ordinance tb. 86-3289
Page 2
prepaymert of regular dues and is rpt operated
for a profit other than such profits as Mould
accrue to the entire membership.
Comnercial establishment means a place of
business Which is at all times equipped with
sufficient tables and seats to accommodate
tenty-five (25) persons at one time, and the
licensed premises of Which conform to the stan-
dards and specifications of the department.
Council means the beer and liquor control
Cantil established by state law.
Department means the beer and liquor control
deparbrent established by state law or any divi-
sion of such department.
Director means the director of the beer and
liquor control department, appointed pursuant to
the provisions of state lad, or his designee.
Hotel or motel means a premises licensed by
the state department of agriculture and regularly
or seasonally kept open in a baa fide mmnne• for
the lodging of transient guests, and with twenty
(20) or more sleeping roans.
Legal age means nineteen (19) years of age or
more. This prwision shall not apply to persons
who were born on or before Dime 30, 1960.
Licensed premises or premises means all roans
or enclosures where alcoholic beverages or beer
is sold or consumed under authority of a liquor
control license or beer permit.
Outdoor service area means an area outside of
but immediately adjacent to a building housing a
licensed premises, Which area has been approved
for use for the sale, dispensing and consumption
of alcoholic beverages or beer pursuant to the
Provisions of this Chapter, Chapter 123 of the
Iowa Code, and Chapter 150 of the Iowa Adminis-
trative Code. An outdoor service area shall
include any outdoor area where beer or liquor is
to be sold, served, carried, or tonsured by the
Public and shall be considered as part of the
licensed premises. The same Federal ad State
laws and local ordinances which apply to the
licensed premises shall also apply to the outdoor
service area.
"it or license means an express written
authorization issued by the departnnent for the
manufacture or sale, or both, of alcoholic liquor
or beer.
Person means any individual, association,
Partnership, corporation, club, hotel, motel, or
municipal corporation awning or operating a bona
fide airport, marina, park, coliseum, auditorium,
7.S
Ordinance hb. 86-3289
Page 3
or recreational facility in or at vhich the sale
of alcoholic liquor or beer is only an incidental
part of such omErship or operation.
Person of good moral character means any
person vta meets all of the following require-
ments:
(1) He/she has such financial standing and good
reputation as will satisfy the director that
he/she will amply with the state law and
all laws, ordinances, and regulations appli-
cable to his/her operations uder state
law.
(2) He/she does rot possess a federal gambling
stamp.
(3) He/she is not prohibited by the provisions
of section 5-38 of this chapter from obtain-
ing a liquor control license or beer per-
mit.
(4) He/she is a citizen of the hhited States and
a resident of this state or licensed to do
business in this state in the case of a
corporation.
(5) He/she has not been convicted of a felony.
However, if his/her felony conviction Oc-
curred more than five (5) years before the
date of the, application for a license or
permit and if his/her rights of citizenship
have been restored by the governor, the
director may determine that he/she is a
Person of good coral character notwithstand-
ing such conviction.
(6) If such person is a corporation, partner-
ship, association, club, hotel, or Motel,
the requirements of this subsection shall
apply to each of the officers, directors,
and partners of such person and to any
person vho directly or indirectly ons or
controls ten (lo) percent or more of any
class of stock of such person or has an
interest of ten (10) percent or more in the
ownership or profits of such person. For
the purposes of this provision, an individ-
ual and his/her spouse shall be regarded as
one person.
Prohibited sale of alcoholic liquor or beer
urder this chapter includes soliciting for sales,
taking orders for sales, keeping or exposing for
sale, delivery or other trafficking for a valu-
able consideration promised or obtained, and
procuring or allowing procurement for any other
person.
Public place means any place, building, or
conveyance to vhich the public has or is Permit-
ted access.
97S
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ordinance tb. 86-3289
page 4
iesidetce means the place vhere a person
resides, permanently or ternporarily.
detail beer permit means a class "O" or "C
bee- permit issued urde' the provisions of this
chapter aid state law. shall sell,
Mailer means any person
barter, exchange, offer for sale, or have in
Possession with intent to sell, any alcoholic
liquor for consunption an the premises Wherle
sold, or Meer for consunption either on or off
the penises where sold.
Spirits nears any beverage vhich contains
alcohol obtainsd bydistillation mixedwith
drinkable water and other substances in solution,
including, but not limited to, brardy, run,
whiskey, and gin.
Wine means any beverage containing alcohol
obtained by fermentation of the natural sugar
contents of fruits or other agricultural prod-
ucts.
SEMCN 3• pl¢1OtW: Chapter 5 ("Alcoholic Oever-
ages o e Ordinances of the City of Iowa
City
is new Sections 5-39 throued by gh 5�-44,A the to read as
follow&:
Sec. 5-39. Outdoor Service Areas.
Any permittee or licensee under this chapter,
or any applicant for a license or permit uder
this chapter, desiring to operate an outdoor
service area adjacent to and in conjunction with
a licensed penises must obtain the approval of
the city cancil and ocommencing operatione ova 13eer and of
Control Department
such outdoor service area.
Sec. 5-40. Application for permission to Qwate
an Mdoar Service Area.
(a) An application for an outdoor service area
shall be made upon the form provided by the
city. Such application Trey accompany the
initial application or any renewal applica-
tion for a license or permit under this
Chapter or Trey be submitted at any time in
onju
cnction with an anedei application for
a lice a permit.
ensoval of an
M application for the aper
outdoor service area shall include all
information required to be submitted with
applications for beer and liquor licenses.
The application shall be sut pitted to the
city clerk at least 15 days prior to the
date it is to be considered by the city
council. An outdoor service area shall be
subject to the same annual retevalequire
melts as are all beer and liquor licenses-
9
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Ordinance Rb. 86-3289
Page 5
Approval by the city council of an outdoor
service area shall be by letter to the Iaa
Beer and Liquor Ccntrol Department with
regard to the diagram, dram shop insurance
coverage and all other, State requirenents.
(b) Upon subnitting an application for an out-
door service area, applicant shall provide
the nare and address of the owner of each
abutting property as well as every other
property which is within one hundred (100)
feet of applicant's premises. The city will
then notify these property avners by letter
of the nature of the application and the
date and tine when it will appear on the
agenda for approval by the city council, so
that these property Merl will have an
opportunity to carent on the application if
they wish.
(c) Approval or disapproval of an application
for an outdoor service area shall be at the
discretion of the city council. Such dis-
cretion shall be exercised with due regard
to public health, safety and welfare consid-
erations. In the event that there is a
change of anership, the outdoor service
area use shall be permitted to continue
provided that the usage is continuous.
Sec. 5-41. Regulation of Qddm' Service heal.
The operation of an outdoor service areas
shall be subject to the following terms, condi-
tions and regulations.
(a) outdoor service areas rust be located on
private property and may not encroach on any
public right-of-way except as provided in
Section 9.1-8 of the city Code of
ordinances.
(b) outdoor service areas shall not be located
in the front yard of any licensed premises.
(c) outdoor service areas shall be screened on
all sides from public view. Screening shall
consist of a fence or other suitable barrier
of not less than five feet in height nor
more than eight feet in height. It shall be
of solid construction which will effectively
prevent ingress or egress from the promises
except by way of an emergency fire exit
only. Such fire exit shall be required of
all outdoor service areas.
(d) outdoor service areas shall not be accessi-
ble except from the licensed prenises which
it adjoins. The required fire exit shall be
an emergency exit only.
(e) An outdoor service area rtust be irmediately
adjacent to the licensed establishment of
which it is a part.
9?s
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Ordinance No. 86-3289
Page 6
(f) Outdoor service areas shall be permitted
only in those zones wfiidm permit other than
residential uses and shall not be permitted
to exist within 100 feet of any lot zoned
for residential use.
(9) Outdoor service areas shall coply with
appropriate building, housing and fire codes
and with all other applicable State and City
labs.
(h) Seating or other accommodations in an out-
door service area shall rot exceed one (1)
person per fifteen (15) square feet of floor
area accessible to the public.
(i) Amplified sound equipment shall be prohib-
ited in outdoor service areas. Compliance
with the City noise ordinance shall be re-
quireJ. Additional advertisirg or identifi-
cation signage beyond that permitted for the
main licensed establishment shall not be
permitted.
(j) The one• or operator of an outdoor service
area shall be required to observe the sane
Per spare foot occupancy limits that apply
to the building which it abuts. The occu-
pancy limit for each outdoor service area
shall be determined by the city building
official. In the event inclement veather
requires early closing of the outdoor serv-
ice area, the licensee or permittee shall
not allow patrons of the outdoor service
area to enter that portion of the licensed
premises housed in the adjacent building if
to do so would result in exceeding the
occupancy limits therefore as determined by
the city building official.
Set. 5-02. Exemptions iron Outdoor Service Area
Regulations.
(a) An applicant may, as a part of the applica-
tion for an outdoor service area, request
exemption from the requirements of subsec-
tions (c) and (d) of Section 5-41 above.
After review and comment by appropriate City
staff, the City Council nay approve such
exemptions if it determines that to do so
would not jeopardize the health, welfare or
safety of the users of the outdoor service
area or of the owners or users of abutting
property. The burden of establishing
entitlement to such exemption shall be upon
the applicant, and cost of compliance alone
shall not be sufficient grounds to justify
exerption. Outdoor service areas in exis-
tence on the date of passage of the ordi-
nance codified in this section shall have
97s
ordinance tb. 86-3289
page
one year from the date of passage to comply
with all requireneuts for outdoor service
areas stated in paragraph (e) above, or to
obtain exenption therefran.
(b) outdoor cafes adjacent to City Plaza and
plaza cafes, as defined in Chapter 9.1,
ohich are also approved for use as outdoor
service areas, shall be exe# fun the
requirements of subsections (a), (b), (c)
and (d) of Section 5-41 above. This exW
tion is deemed ,justified on health, welfare
end safety grounds due to the limited nature
of the services offered by, and the limited
hours and months of operation of, such
outdoor cafes and sideaelk cafes, and due to
the nature ec public uG'&W City Plaza.
Service Areas.
Sec. 5-43. Ltspect"
outdoor service areas shall be subject to
inspection at least annually at the same time
inspection of the adjacent licensed establishnent
occurs. The City my, in its discretion, inspect
outdoor service area at or {ty
� othEr tire.
Se mssocatior of Rrmis-
Sec. 5-44. "
Sion to operate an outdoor Service Mea.
(a) The city may, after notice to the licensee
or permittee and after a reasonable opportu-
nity for hearing, suspend or revoke authori-
zation for the operation of an outdoor
service areas for 'any e� lviosdlated,hEn or the
licensee or perm"
has
permitted or allowed the violation of any
provision of the Iowa Code or Cade of ordi-
nances of the City of IM City pertaining
to the operation of an outdoor service area,
or when the continued operation of the
outdoor service area constitutes a threat to
public health, welfare, or safety, or car
stitutes a nuisance.
(b) Thesuspension/revocation procedure shall be
initiated by the police chief by the filing
of an adninistrative hearing complaint with
the city council or Iona Ber and Liquor
Control Cormission. Written notice of
hearing, as well as a copy of
carplaint, shall be served Wm the licethe
or permittee at least ten days prior
date set for hearing. The hearing, if held
before the city council, shall be governed
by the procedures as established by Sections
nances of
the�Cityy of low d 2-197 of CiCity. Inthe e Code of nevent of
suspension or revocation, the city shall
?,45-
Ordinance No. 86-3289
Page 8
notify the I" Beer and Liquor Control
Deparbnent Hearing Board, pursuant to Sec-
tion 123.32, Code of Iove.
(c) N3Wthstanding the provisions of subpara-
graphs (h) and (i) above, the city council
may order the immediate closure of an out-
door service area if it is determined that
its continued operation presents a clear and
imminent threat to public health, safety or
vel fare.
(d) Suspension or revocation of authorization by
the city for operation of an outdoor service
area shall not affect the licensing of the
principal establishment, unless separate
action to suspend or revoke that
license/permit is also initiated.
SECTION 4. REPEALER: All ordinances and Farts of
ordinances in conflict with the provision of this
ordinance are hereby repealed.
SECTION 5. SEVERABILITY: If any section, provision
or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall
not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not ad-
judged invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE: This Ordinance shall be
in effect after its final passage, approval and
publication as required by law.
Passed and approved this 3rd day of June,
1986. �_
/�� 1MYUR
ATTEST:`
GUY GUJO�
9 ?.s
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_'A'
It was moved by
McDonald and seconded by Zuber ,
that the Ordinance as rea e a opted and upon roll call there were:
AYES: NAYS: ABSENT:
XAMBRISCO
X BAKER
X COURTNEY
X DICKSON
X MCDONALD
X STRAIT
X ZUBER
First consideration 5/27/86
Vote for passage: Ayes: Courtney, Dickson, "lcDoand, Baker.
Nays: Strait, Ambrisco, Absent: Zuber.
Second consideration 6/2/86
Vote for passage yes: ourtney, Dickson, DIcDonald,
Zuber. Nays: Ambrisco, Strait.
Date published -6/11/86
alve & AppnDv8d
al pepartrro�d
17,45-
-'A
ORDINANCE NO.
AN ORDDNANCE LAMING CFWPTER 33 OF TIE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED
"UTILITIES", BY REPEALING SECTIONS 33-44, 33-45, AND
33-163 THEREOF, AAD ENACTING IN LIEU TIEREOF iEw
SECTIOtN,S TO BE CODIFIED TIE SH TO PROVIDE IN-
CREASED PATES FOR 4WTER APD SEVER USE IN IM CITY.
SECTION I. The purpose of this Ordinance is to
repeat Sections 33-44, 33-45, and 33-163 of Chapter
33 of the Code of Ordinances of the City of Iowa
City, Iowa, and to enact in lieu thereof new sec-
tions to be codified the sane to provide for the
establishment of new rates for water use and sewer
use in Iowa City, Iowa.
SECTION II. MfAMM Section 33-44 of Chapter 33
oe e o mances is hereby repealed, and
there is hereby enacted in lieu thereof a new Sec-
tion 33-44 to read as follaws:
Sec. 33-44. Same -Funding.
To generate adequate revenue. The user charge
systen shall generate adequate annual revenues to
pay:
(1) Costs of annual operation and uneintenance,
and
(2) Costs associated with sewer bond retirerent
for bonds naw outstanding including payments
to all sinking, revenue, depreciation, exten-
sion and iuproveent funds established in the
ordinances or resolutions authorizing such
bonds, and
(3) When required, costs associated with sewer
bond retirerent of bords to be issued in the
future.
SECTION III. MEVW. Section 33-45 of Chapter
o of the o e of Ordinances is hereby repeal
there is hereby enacted in lieu thereof a new Sec-
tion 33-45 to read as follows:
Sec. 33-45. Sme-Rates.
(a) Basis. Each user shall pay for the services
provided by the city based on his/her use of the
treatment works as determined by water neter(s)
acceptable.to the city.
(b) Estimated billings; separate ureters. User
charges shall be based on actual water used during
the billing period. If actual water use is not
available, the user charge will be based on prior
water usage. New custaers shall have a first
billing based on an estimte detemined by the
finance deparbnant.
l
Page 2
(c) Minimum charge. The user charges for sewer
service for 1) minimum monthly rates, for the first
two hundred (200) cubic feet, or less, of water
usage, and 2) each one hundred (100) cubic feet of
water used in excess of first two hundred (200)
cubic feet, shall be as follows:
Effective Effective Effective
9/1/86 9/1/81 9/1/88
Minimum Monthly $ 3.00 $ 4.75 b 5.75
Charge (includes
the first 200
cu. ft. used)
Each additional $ .66 b 1.04 $ 1.26
100 cu. ft. used
These user charges will be effective with the bill-
ing sent after the effective dates listed in the
preceding chart.
(d) Surcharge. For those contributors who contrib-
ute waste water, the strength of which is greater
than normal domestic sewage, a surcharge in addition
to the normal user charge will be collected. The
surcharge for operation and maintenance is:
Effective Effective
9/1/86 9/1/88
BOD (pe, pound)
SS (per pound) E.06 b.10
(e) Users to bear increased costs. Any user which
discharges any toxic pollutants which cause an
increase in the cost of managing the effluent or the
sludge from the city's treatment works, or any user
which discharges arty substance which singly or by
interaction with other substances caused identifi-
able increases in the cost of operation, maintenance
or replacement of the treatment works, shall pay for
such increased costs. The charge to each such user
shall be as determined by the director of public
works and approved by the city council by resolu-
tion.
(f) Applicability of charges. The user charge
rates established in this section apply to all
users, regardless of their location, of the city's
treatment works.
(g) Water not discharged into system. If any user
of water tonsures water for any purpose which does
not cause discharge into the sanitary sewer system,
and if approved by the city and as established by a
separate water meter installed and maintained by
r M
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Page 3
such user, the consumption of such water can be
detennined, no charge shall be rade on the basis of
water so supplied. Residential contributors shall
not be allaed this option, unless approved by the
finance deparbrent.
(h) Water discharged into system from private
source. If any person shall discharge water into
the city sanitary seder systen from private wells or
Other sources other than the city water system, the
city shall have the right to install a meter at the
owner's expense to rieasure such flow or to use
whatever mins are satisfactory to the owner and the
city to measure such flaw for the purpose of deter-
mining sewage treabn�)jt charges.
SECTION IV. Section 33-163 of Chapter 33 of the
re OT finances is hereby repealed, and there is
hereby enacted in lieu thereof a new Section 33-163
to read as follows:
Sec. 33-163
(a) The user charges for water service for the first
two hundred (200) cubic feet, or less, shall be as
follows:
------------- RATES -------------
hETER SIZE EFFECTIVE EFFECTIVE EFFECTIVE
Inches 9-1-86 9^1-87 9-1-8B
5/8 $ 3.25 b 3.60 $3.80
3/4 3.75 4.15 4.35
1 4.40 4.85 5.10
1-1/2 8.75 9.65 10.15
2 11.75 12.95 13.60
3 21.75 23.95 25.15
4 37.95 41.75 43.85
6 76.40 84.00 88.20
(b) The mininn user charges for large- peters will
be based on comparative costs to a 6" neter. The
minimum user charge for a custoner who furnishes the
mater at their own costs will be based on the mini -
mm for a 5/8" nater regardless of the size.
(c) The following rates shall be charged on all
water used in excess of 200 cu. ft. per month:
----PATES PER 100 CUBIC FEET----
MJNRY US4Cf EFFECTIVE EFFECTIVE EFFECTIVE
Cubic Feet 9-1-86 9-1-87 9-1-88
Next 2,800 E .75 b .83 E .87
Next 17,000 .45 .50 .53
Over 20,000 .40 .44 .46
943
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Page 4
(d) The foregoing rates and charges shall apply
only to properties located within the corporate
limits of the City of Iowa City. Where another
municipal corporation has entered into a contract
with the City of Iova City, the rates provided for
in such contract shall prevail. For all areas
outside the City corporate limits of the City of
Iowa City for which there is no prevailing contract,
the rate shall be established as 50% above those
provided herein.
(e) The water rates and charges herein established
will be effective with the billings sent after the
effective dates listed in the preceding charts.
SECTION V. REPEALER. Section II of Ordinance No.
8I-30 Aa rtices III and IV of Ordinance No.
81-3021, and any and all other ordinances or parts
of ordinances which are in conflict with this ordi-
nance are hereby repealed.
SECTION VI. SEVERABILITY. In the event any sec-
thon
provhshon or part of the Ordinance shall be
adjudged by a court of competent jurisdiction to be
invalid or unconstitutional, such adjudication shall
not affect the validity of this Ordinance as a whole
or any section, provision or part thereof not ad-
judged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall
be in effect after its final passage, approval and
publication as required by law.
Passed and approved this
ATTEST:
�TTP�IFhK--
943
J
It was moved by and seconded by ,
that the Ordinance as reaa De a op ed and upon roll call there were:
AYES: ' NAYS: ABSENT:
AMBRISCO
BAKER
COURTNEY
DICKSON
MCDONALD
STRAIT
ZUBER
First consideration MDW
Vote for passage:
Second consideration 6/3/86
Vote for passage
Date published
Moved by McDonald, seconded by Zuber, that the rule
requiring ordinances to be considered and voted on
for passage at two Council meetings prior to the meeting
at which it is to be finally passed be suspended, the
first consideration and vote be waived and the second
consideration be given at this time. Ayes: Dickson,
McDonald, Strait, Zuber, Ambrisco, Courtney. Nays:
Baker.
4943