HomeMy WebLinkAbout1986-07-01 Public hearingUTICE OF PUBLIC HEARING
Notice Is hereby given that a public hearing will
be held by the City Coumil of Iowa City, Iowa, at
7:30 pin. on the 1st day of July, 1985, in the
Council Ombers of the Civic Center, lova City,
T—a, on the following item:
1. An ordinance to anend Section 36-6(c) of the
Zoning Ordinance to pennit religious institu-
tions within the IN -1 zone.
2. An ordinance to arnerd Section 36-51(b)(4) of the
parking regulations of the Zoning Ordinance
concerning use conversions.
Copies of the Proposed ordinances are on file for
public exanination in the office of the City Clerk,
Civic Center, low City, Ime. Persons wishing to
male their vim known or to suggest changes for
City Cantil consideration before adoption of these
arrendnants should appear at the hearing.
MW K_ Ka, CITY CLERK
2)
City of Iowa City
MEMORANDUM
Date: May 30, 1986
To: Planning and Zoning Commission
From: Barry Beagle, Associate Planner
Re: Religious Institutions Within the RR -1 Zone
At the May 12, 1986, informal meeting, Mr. Jay Honohan appeared before the Com-
mission on behalf of the Korean Methodist Church to discuss the possibility of
allowing religious institutions within the RR -1 zone: The Korean Methodist
Church is interested in purchasing two (2) lots within Southwest Estates subdivi-
sion which are zoned RR 1. Religious institutions are excluded from the RR -1 zone
in the Zoning Ordinance. As requested by the Commission, the following is an
evaluation of permitting religious institutions within the RR -1 zone.
Religious institutions (churches) generally are considered to be in keeping with
the character of residential environments. Certain aspects of a church opera-
tion, however, (e.g: traffic -generating characteristics, access and parking)
might not be compatible with residential uses and requires special review and
possibly the imposition of conditions to make them compatible.
Within Iowa City, all residential zones, except for the RR -1 zone, permit relig-
ious institutions as either a provisional use or by special exception. To miti-
gate any potential negative impacts, each zone except for the RM -145, also
subjects religious institutions to the additional regulations of Section 36-55.
With regard to the RR -1 zone, the likelihood of conflict between a religious
institution and surrounding residential uses is less likely to occur due to the
spacious character of this zone. It is the intent of the RR -1 zone to "...pro-
vide for areas of a rural residential character within the City which are not
protected to have the utilities necessary for urban development within the fore-
seeable future::." Because of the large lot size requirement any negative im-
pacts associated with the operation of the church are further diminished. Both
the RR -1 zone, for residential uses, and Section 36-55, for religious institu-
tions, require a minimum lot area of 40,000 square feet. Because of the minimum
lot size requirements it would be much easier for a church to acquire land within
this zone. Staff finds no reason to exclude churches from the RR -1 zone as
distinguished from the other residential zones in which they are permitted. In
fact, churches are less likely to conflict with surrounding residences due to the
spacious characteristics of this zone.
STAFF RECOMMENDATION
it is staff's recommendation that Section 36-6(c) of the RR -1 zone to be amended
to permit religious institutions as a provisional use subject to the requirement
of Section 36-55. Attached is a draft ordinance of your consideration.
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Enclosures
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JUN251986
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KALONA OFFICE: rJ181 E5B-EB,E
LIX TREE OFFICE: P181629.6400
Fi16 CFFCE: 131e] 6 2267
CITY CLERK
HONOHAN, EPLEY, HAYMONO & BRAODOCK
ATTOPoVEYB AT LAW
JAY FL RONORAN
LLOYD A EPLEY
330 MA COURT sTREET
GARY L RAYMOND
P.O. BO%3010
MAURNE A. BRAOOOCK
IOWA C . IOWA 62244
June 24, 1986 I .
The Honorable Mayor & City Council
i.
City of Iowa City
L..
Iowa City Civic Center
410 E. Washington
Iowa City, IA 52240
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Re: Zoning Ordinance Change
(,
Religious Institutions RR -1 Zone
Dear Mayor & Council: - �-
I represent the Korean Methodist Church, the petitioner who is
requesting the proposed change in the zoning ordinance to allow religious
'...�..: .:...
institutions as provisional uses in RR -1 zones. Because of recent surgery, ".
I am unable to attend the public hearing on this matter on July 1, 1986. . �-
I do not wish this to appear to be lack of interest on the part of my
client. We urge the City Council to follow the recommendation of the
Planning and Zoning Commission and adopt the zoning ordinance amendment --
allowing religious institutions as provisional uses in RR -1 zones.
1
We believe this change should be adopted because:
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a) religious institutions in RR -1 zones are consistent with
the master plan of the City of Iowa City i
b) religious institutions uses will be and are consistent with
other uses allowed in RR -1 zones
c) religious uses are presently located in residential zones
throughout the City of Iowa City and enhance the value of
residential property and the neighborhood. As attorney for
St. Mark's United Methodist Church, I can verify that the
proposed construction of our church on Washington Street
actually raised the value of the surrounding property for
residential development and most of the surrounding
neighborhood was developed after plans for the church were
started or completed.
If the Council has any questions or reservations about the proposed
zoning change, please have the staff contact me with your concerns so I
can respond to them. Thank you.
Very truly yours,
fI0N0 , EPLEY, RAYMOND & BRADDOCK
Jill/jH.
flonohan
D
cc. Dr. Peter Re
NOTICE OF RMUC IEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iova City, lova, at
7:30 pm. on the 1st day of July, 1986, in the
Council Ombers of the Civic Center, Iowa City,
Iowa, on the followirg iters.
I. An ordinance to orad Section 366(c) of the
Zoning Ordinance to permit religious institu-
tions within the RR -1 zone.
An ordinance to acerd Section 36-9(b)(4) of the
parking regulations of tte Zoning Qyinance
Copies of t use corwersions.
ces public enaninatimninn the ooffi are on file for
Civic Center, Iowa Cit Ione ce of the City ClerkPersonwishing ,
make their vieva kn nor to suggestschar" for
City Council consideration before adoption of these
amnbmts should appear at the hearing.
MWM K- W, CITY CLERK
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City of Iowa City
'MEMORANDUM
Date: March 28, 1986
To: Planning & Zoning Commission
From: Barry Beagle, Associate Planner
Re: Proposed Ordinance Amendments
Enclosed are two (2) proposed ordinance amendments which are enclosed for our
review and consideration. y
INTERNALLY ILLUMINATED AWNINGS:
The purpose of this amendment is to assure that an awning does not in and of
itself become a sign. The proposed ordinance seeks to amend Section 36-62(b) by
prohibiting internally illuminated awnings within Iowa City. Currently, all zones
permitting awning signs limit the maximum area that the surface of an awning may
be covered by a building sign to 25%. Internally illuminated awnings resulting in
the entire area of the awning being illuminated exceed this maximum requirement.
It is felt that this renders an unfair advantage to the sign user. Awnings which
are externally illuminated would not be affected by this proposal.
PARKING REQUIREMENTS GOVERNING USE CONVERSIONS:
The proposed amendment is in response to a referral from the previous City Manager
requesting clarification of Section 36-58(b)(4) as it relates to use conversions
and the number of required parking spaces. This request came as a result of the
conversion of a rooming house at the southeast corner of Dodge Street and Burling-
ton Street to a fraternity. As a result of the conversion, an additional number
of parking spaces was required to be installed up to "...the physical limitations
of the lot..." Disagreement followed as to what the "physical limitations" of the
lot were. The matter was then taken before the Zoning Code Interpretation Panel
and was ultimately decided by the City Manager. (See attached memoranda.)
The City Manager found that the expression "physical limitations" was a regulatory
term and not a term which applied to the natural features of a site. He recom-
mended that this Section be amended to permit natural features to be taken into
consideration.
The proposed amendment deletes the expression "physical limitation" and substi-
tutes new language to more accurately clarify the additional number of parking
spaces required by Section 36-58(b)(4)b. The proposed amendment indicates that
the additional number of parking spaces required will be limited by the construc-
tion, design and location requirements of Section 36-58(c). The amendment also
recognizes that full-grown and maturing trees, having a minimum diameter of ten
inches at four feet above grade, as a limitation to the expansion of the parking
area. As a result existing tree stock conforming with these specifications may be
retained. If these trees are ever removed from the property, the parking area
must then at that time be expanded.
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File date:
October 21, 1985.
BACKGROUND INFORMATION
The applicant, Sigma Tau Gamna Fraternity, recently purchased the site of the
three-story residence at 711 East Burlington Street to establish a fraver-
pity. Fraternities are permitted in the RNC-20 zone as a provisional use
square
the fmaximum
lotuarea. With Occupants one 545
s ovid feet of not
number of Occupants permitted within the fraternity is 33.
With the acquisition of the property, the three-story residence was converted
from a 10-unit apartment building to a fraternity. As es a
a total of 1 5 parking spaces was required; however the apartment building,
provided was much less and nonconforming. As a fraternit number actually -
parking spaces is required, eight of which can be desig atea for total
f ct
24
vehicles only, i
As a use existing prior to the effective date of the Zoning Ordi
fraternity provided the increased numbnance,
Section 36-58(b)(4)a, permits the apartment building to be converted to the
er of parking spaces required to serve
the fraternity shall be provided in addition to the number
$ exists. The '. increased number of parking spaces" required is nine,that
pwhichtis
4 the difference between 24 and 15. the number of parking spaces that
"presently exist" and conform with the parking regulations k two for a total
of 11 parking spaces, Section 36-58(b)(4)b. states however,
additional parkin spaces shall be O , that as many
the lot" will g p Provided as the physical limitations of
sufficient lot areawdoes6oth existttofprovideh24aparking splicant aces determined that
compli-
ance with the Parking regulations. As a result of the pexpansion,in �lthe ttal
number of parking spaces required is 24, which happens to coincide with the
t number of spaces required if the fraternity constructed a new facility of
equal size on the lot. In order to meet the requirements of the parking
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regulations, it will require that a portion of the side and o
oftheresidence be paved. P Y n the east side
f The applicant desires to retain as much of the side yard as possible as open
space. Paving the side yard will require that a three foot diameter oak tree
x exceeding the height of the house will need to be removed. In addition, to
the aesthetic benefits with preserving the side yard and tree
also plans a future building expansion which the parking area mh
ayrestrict.
As an alternative, the applicant is seeking a special exception and a
variance which would provide 24 parking spaces without utilizing the east
side yard. The fraternity is presently in violation of the Zoning ordinance
for occupying the house with insufficient parking. Each request will be
evaluated separately and will require separate action by the Board.
PROPOSAL
I. Variance:
The applicant has made application for a variance to: 1) waive the
requirement that parking be expanded to the physical limitations of the
lot and 2) exceed the maximum permitted number of compact vehicle parking.
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As previously stated, Section 36-58(b)(4) provides that when an existing
use without sufficient parking and established prior to the effective
date of the Zoning Ordinance, is converted to another use, the additional
parking required for the converted use shall be provided in addition to
the existing spaces provided, up to the physical limitations of the lot.
The applicant wishes to preserve as much of the side yard as possible
which otherwise would function as an expanded parking area.
In order to provide the 24 required parking spaces without expanding to
the physical limitations of the lot, the applicant will need to exceed
the maximum number of compact vehicle spaces by two. Only one-third
(1/3) of the required number of parking spaces can be designated for
compact vehicle use. One-third of 24 spaces is eight spaces.
2. Special exception:
The applicant has also made application for a special exception to reduce
the required front yard along Dodge Street from 20 to 0 feet. This
reduction would permit seven (7) parking spaces to be provided along
Dodge Street; parking is prohibited in the front yard in residential
zones. The attached plot plan (Attachment 2), as submitted by the
applicant, illustrates the proposed parking arrangement. Access to the
site is provided by two existing curb -cuts, both located on Dodge Street.
Both curb -cuts were established with the previous use of the property.
The northern most curb -cut designates two full-size (9'X19') parking
spaces which will require parking cars on public right-of-way and backing
directly out onto Dodge Street since the house is setback only 16 feet
from the front property line. The five other affected parking spaces are
located at the site of the second curb -cut, at the south end of the
property. According to the plot plan, each of these spaces are connected
to a 22 -foot wide aisle and would not require backing out onto a street.
STAFF ANALYSIS
Both
the
variance
and pial exception pp deon each
pendent orderfor the applicant's proposal to work. A defeatofonerequest
will similarly defeat the other.
I. Variance:
Section 36-91(g)(3) specifies two (2) tests which must be demonstrated by
the applicant before the Board may grant a variance. The initial test of
unnecessary har-dsT7pp is proven by a property owner if it is shown that
the property in question cannot yield a reasonable return if used as
presently zoned; if the applicant's property is unique and the situation
Is not shared by other land owners in the neighborhood; and if the
hardship was not of the applicant's own making. Failure to demonstrate
any one of these elements is failure to show unnecessary hardship. The
following observations are in response to the application as submitted.
A land owner has not been denied a reasonable return on his/her property
if it can be used for a purpose allowed in the zone. As noted previ-
ously, the site has sufficient land area to provide the required number
of parking spaces in compliance with requirements of the parking regula-
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tions. (Attachment 3.) The applicant's interest to preserve the side
yard for open space does not show that the property cannot be used in a
manner consistent with the zone.
The applicant's situation is not unique or peculiar to this property.
Adjacent properties of comparable or smaller size were allowed to develop
or be converted to multi -family residential dwellings only after compli-
ance with the parking regulations. There are no characteristics peculiar
to this property which make use of the property consistent with the
parking regulations impossible.
In response to the question if the hardship was of the land owner's own
making or that of the predecessor in title, the answer is apparently yes.
The response provided on the application form stated that "the lack of
required paving under the former permitted use certainly affects the
parking scheme proposed under the new use." Staff fails to see the
relationship between the previous use of the property and that proposed
by the applicant, especially if sufficient lot area exists to satisfy the
parking requirements. ' Regardless, if the Board finds the hardship
alleged by the applicant to be by the predecessor in title, the test of a
self—imposed hardship fails.
As a second test, the applicant must demonstrate that the variance will
not be contrary to the public interest. If the applicant's requests are
granted, it is recognized that less paving will be required and the side
yard with the large tree will be preserved as open space. However, the
character of the area surrounding the site is multi -family residential.
In light of the multi -family residential orientation of properties
fronting along Burlington Street, providing the required parking
(expansion to the physical limitation of the lot) will not threaten or
adversely affect the integrity of area properties. In considering the
public interest, the Board must balance between preservation of the side
yard as open space and meeting the requirements of the parking regula-
tions which are intended to lessen congestion on the lot and streets.
Parking regulations are designed to ensure provision of the minimum
number of spaces required for a use to function without adversely
affecting the street system through its use for storage. Because of the
Inherent value of the parkingregulations to deviate from t e s� inarias
w en ey can a satisfieds to con ravene e o ec ves o e zone
an_ comprehensive pian.
2. Special exception:
Specific Standards: Section 36-69(b)
Section 36-69(b) of the Zoning Ordinance states that the Board may grant
a special exception "...for modification of yard requirements, when such
modifications would not be contrary to the public interest, nor contrary
to the general purpose and intent of the chapter and meets the conditions
of Section 36-91."
The applicant wishes to eliminate the required front yard along Dodge
Street, which is a two-lane, one-way (south bound) street adjacent to the
site. The net effect is to allow seven (7) additional parking spaces in
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2. Granting the request to permit parking in the front yard would be
contrary to the manner in which other multi -family residences have
developed in this area. Because of the impact listed in item 1
above, staff finds that allowing parking in close proximity to the
street to be incompatible with the use of adjacent properties. In
addition, the previous use which provided at least parking spaces in
the front yard does not justify its continued use to serve the
fraternity.
5. As previously stated, allowing vehicles to back directly out onto the
street is prohibited unless permitted through a variance.
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the front yard which otherwise would be prohibited. Except for the
provision of parking, no other improvements or building encroachments are
proposed.
The intent of the front yard requirement is to provide for adequate
visibility, the safe movement of traffic, and to reduce congestion and
the adverse impacts of vehicular traffic and to maintain a relatively
uniform setback along city streets. Section 36-58(c)(3)b.l. of the
Zoning Ordinance specifies that no parking is permitted in a required
front yard in residential zones. This provision is intended to reduce
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the impacts associated with parking areas occupying a front yard in close
proximity to a street. All other properties in the vicinity of the site
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do not provide parking in the front yard. Granting this request would be
inconsistent with the uses of neighboring properties and contrary to the
intent of the front yard requirement.
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Section 36-58(c)(2)f, stipulates that "no parking areas shall be designed
into
in such a manner that exiting a parking area would require backing a
a
street." The public safety objective of this provision is self-evident,
however, two of the seven parking spaces that would be allowed by
eliminating the front yard requirement would require backing directly out
onto Dodge Street. According to the provisions of Section 36-58(c)(2)f.
these two spaces are prohibited. A separate variance request will need
to be made by the applicant in order to use these spaces. As a result,
the maximum number of parking spaces to be provided under the applicant's
proposal is 22.
Based upon these findings, staff finds granting this request to be both
contrary to the public interest and general purpose and intent of this
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chapter.
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General Standard: Section 36-91(g)(2)b.
The applicant's comments concerning the general standards are on the
attached application form. Additional comments from staff are listed
according to the corresponding number as appropriate:
1. Staff disagrees with the applicant's statement and finds that any
reduction in the front yard would be contrary to the intent to
8;
preserve the character of the neighborhood. Permitting vehicles to
otherwise park in the front yard, increases the appearance of
congestion and clutter in conflict with the use of adjacent proper-
ties.
2. Granting the request to permit parking in the front yard would be
contrary to the manner in which other multi -family residences have
developed in this area. Because of the impact listed in item 1
above, staff finds that allowing parking in close proximity to the
street to be incompatible with the use of adjacent properties. In
addition, the previous use which provided at least parking spaces in
the front yard does not justify its continued use to serve the
fraternity.
5. As previously stated, allowing vehicles to back directly out onto the
street is prohibited unless permitted through a variance.
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ATTACHMENT 2
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RECEIVED JUN 231986
SOUTHGATE DEVELOPMENT S11
325 East Washington Street
Iowa City, Iowa 52240
(319) 337.4195
June 23, 1986
The Honorable Mayor William Ambrisco
City of Iowa City
410 East Washington Street
Iowa City, IA 52240
Dear Mayor Ambrisco:
On July 17, 1986 the City Council held a public hearing on the rezoning
of Northgate Park. There was no opposition voiced at that public hearing
and previous to that the Planning and Zoning Commission had unanimously
recommended in favor of the rezoning with no opposition.
To meet some crucial deadlines, I would ask the City Council to waive the
three
or Northga
Parkateyourgnextumeeting.anByafollowingethisoprocedurrezning e, itfwill allowte
time to go before the Board of Adjustment for a special exception and
complete construction of a child care facility in the 1986 building
season.
Thank you very much for your consideration on this matter.
Sincerely,
Glenn R. Siders
Construction Consultant
GRS:lt I
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RECEIVED JUN 231986
SOUTHGATE DEVELOPMENT S11
325 East Washington Street
Iowa City, Iowa 52240
(319) 337.4195
June 23, 1986
The Honorable Mayor William Ambrisco
City of Iowa City
410 East Washington Street
Iowa City, IA 52240
Dear Mayor Ambrisco:
On July 17, 1986 the City Council held a public hearing on the rezoning
of Northgate Park. There was no opposition voiced at that public hearing
and previous to that the Planning and Zoning Commission had unanimously
recommended in favor of the rezoning with no opposition.
To meet some crucial deadlines, I would ask the City Council to waive the
three
or Northga
Parkateyourgnextumeeting.anByafollowingethisoprocedurrezning e, itfwill allowte
time to go before the Board of Adjustment for a special exception and
complete construction of a child care facility in the 1986 building
season.
Thank you very much for your consideration on this matter.
Sincerely,
Glenn R. Siders
Construction Consultant
GRS:lt I
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IpTICE OF PUBLIC fFJ1RING
TO MM IT NAY CONCERN:
Notice is hereby given that the City Council of
the City of lase City, Iaa, will hold a public
hearing during its regular meeting to be held at
7:30 P.M. on Tuesday, July 1, 1986, in the City
Council Owbers at the Civic Center, 410 East
Washington Street in Iowa City, upon the proposal
and petition of Iowa -Illinois Gas and Electric
Cmpany that the City of Iowa City adopt ordinances
granting gas and electric franchises to the Cmpany
for a period of 15 years, %hich petition and fran-
chise ordinances are now cn file and available for
Public inspection in the office of the City Clerk.
Said public hearing will also be held upon a pro-
Posed public utilities regulatory ordinance, Which
is also now on file in the office of the City Clerk.
PwM interested in eMressirg their views on
said proposed ordinances may appear at said hearing
and My Present oral or written coats.
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 33 OF THE IOWA CITY MUNICIPAL CODE, UTILITIES,
BY ADDING THERETO A NEW ARTICLE ARTICLE VI, TO BE ENTITLED "PUBLIC UTILITIES
REGULATION," CONSISTING OF SECTIONS 33-171 THROUGH 33-188, AND RELATING TO
THE REGULATION OF PUBLIC UTILITIES IN THE USE OF PUBLIC RIGHT-OF-WAY.
PREAMBLE:
WHEREAS, pursuant to Section 364.1 of the Iowa Code the City is authorized to
"exercise any power and perform any function it deems appropriate to protect
and preserve the rights, privileges and property of the city or of its
residents, and to preserve and improve the peace, safety, health welfare,
y;
comfort and convenience of its residents"; and '
€ WHEREAS, pursuant to Section 364.2 of the Iowa Code the City is authorized to
regulate "the conditions required and the manner of use of the streets and
IJ the public grounds of the city" by public utility franchisees; and
WHEREAS, this City Council has further
determined, that it would serve to preserybeen advised, and has found and
e and improve the peace, safety,
health, welfare, comfort and convenience of Iowa City residents and to
protect
utilities' use property by adoption of an ordinance regulating
}! P public right-of-way and public property, and
requiring approval of utility system expansions and extensions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
" IOWA:
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Section 1. That Chapter 33 of the Iowa City Municipal Code, "Utilities,"
be, and the same is hereby amended by adding thereto the
following new article, Article VI to be entitled "Public
w3 Utilities Regulation," consisting of Sections 33-171 through
33-172, to read as follows:
Public ter �Article
Utilities tion
S? Division 1, Title, Purpose and Definitions.
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Section 33-171, Title. The ordinance codified in this chapter shall be
" known as the "public utilities regulation ordinance,"
Section 33-172. Purpose. The purpose of this chapter is (11 to regulate the
use of and audioblic right-of-way for the distribution of energy
franchise granted abycotheniCityonosfbIowampCity, Iowa,ngor
otherwise permitted to use public right-of-way to deliver a
product or service to the residents of this city; and (2) to
regulate the location of utility system expansions
extensions to promote comprehensive city planning. and
Section 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:
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Ordinance No.
Page 2
(a) "Audio or visual communications" incl ude radio and
television transmissions and telephon is communica-
tions.
(b) "Energy" means power supplied to customers either in
the form of gas or electricity.
(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,
company 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 includes poles, overhead wires, underground
conduits, piping, manholes and other installations and
appliances necessary for the generation, transmission
or distribution of energy or audio or visual communica-
tions.
(f) "Electrical distribution system" means all electrical
system components designed or used for the distribution
of electric energy within the City, other than trans-
mission lines.
(g) "Electrical transmission system" means those electrical
system components which directly serve or support elec-
trical 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 required to place utility system components below
the surface or grade of the right-of-way or private
property upon which said components are located or
through which they traverse.
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Ordinance No.
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Section 33-174. Reporting Requirements. The following
furnished by the Company
information shall be
to the City Clerk
office within the times hereinafter
and filed in that
set
forth:
(a)
Annual Report to Stockholders
issuance).
(within 30 days of
(b)
Annual report to applicable state
tory agencies (within
and federal regula-
30 days of filing).
(c)
1OK-Annual Report (SEC) (within 30
days of filing),
(d)
Copy of Company's current rate manual and all updates.
(e)
Projections and plans for future
city to be provided annually,
transmission in the
(f)
Written notice .to the City of
requests applicable to the City
any rate increase '
its
filed by the Company beforethe
Commission.
or inhabitants j
Iowa State Commerce
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Ordinance No.
Page q
Division 3.
Management of Public Utility
Utility Systems Planning,
Section 33-175,
Sect'
Use of Public Right -of -Way; public
Maps and Projections, The Company shall furnish
Public Works Department current maps showing the location
all existing underground utilit to the
city streets and Y system c on of
Company shall theand
ntherivate oproperty in the
when s property, The
ame are updated by the Company Y with updated maps
City's use of such maps shall be iid for its use.
improvement Planninges.City utilit The
shall -furnish information In addition, the C y and
Planned or proposed utilit s Projections concerning pall
major repair work r Y system extensions or expansions
systems_ P ojects and projects to install
givin Such information and projections shall in pre
9 due consideration new
Improvement pian to the City's five Pared
form and + and shall be provided Year Capital
with sufficient lead time to provide theP Cit the
opportunity to conduct appropriate reviews,
ion 33- Y the
176. Extension la Expansion of Utility System, Major Repair Work
and Installation of New Systems, Before an
company, now or hereafter operating or maintaining distribution Y public utility
Of its utilityYSys�tem commences any extension or expansion
instal-
lation of any major repair work or the with the any new system in the City, there shall be filed
specifying Public Works Department a written statement
property, 9 the streets, alleys, public places or
expand, y
or Parts thereof, in which it proposes to extend e
P + install Works or
repair its utility system. The Director
Of Public
nied by a ma Y require that the statement be accompa -
scale showingP' plan and specifications to an acceptable
Components the proposed location of the utility
lines with reference to the streets and alleys andsltem
ot
the size and dimensions of all utility
components and the distance above or beneath the surface of
the ground it is system
the proposed locations of any
repair or to lay the same,
if
shall interfere with anY utility system components
construction , the
and maintenancnd e of an
improvements or other Proper use,
other or
upon or under
utility system component for
places of the cit under the streets, alleys or public
within a reasonable time eafterethe fictor ling
and specifications note Works shall
eliminate the necessary g of such plan, map
existing all interference with Y and proper changes to
Public utili utility
system and refer p the
improvements or
specifications,
pecificatio Y Company for correction, same back to the
be filed in ns, when Properly Such map, plan and
after the the office of the Public and corrected, shall
Works, a permit vshallal f be issued by th Di orks Department, and
y the Director of Public
excavate in the streets and alleys and tthoe Company to
construct such utility system in accordance
erect and
with said
Ordinance No.
Page 5
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 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.
Section 33-177. Construction and Repair. In the process of location,
construction, reconstruction, replacement 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 company shall
be properly barricaded to protect the public
the safeandand to assure
efficient
pavement p
displaced
shallbe
all beproperly andpeedi
replaced 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 ordinance) engaged in the making
of such excavation in
LLI
or the construction 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 as well
as to the City, resulting . frothe negl igenterotr' improper
4i
construction, erection or repair of such utility system or
the maintenance and
sil
use of the same, and shall fully
indemnify and save harmless the City from and against all
claims of every nature for damages to person or property
arising or resulting from negligent
construction or
negligence in constructing or maintaining such utility
3t:
system components, or in the repair of the same or resulting
or arising from delay or failure to
v;
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 of any street, alley or public ground after
excavations have been made, and after five days' notice in
writing to do
so, given to its local representative, then
the City may make such repairs at the
expense of such public
utility company.
Section 33-178. Excavations and Tree Trimming. In making any excavation in
a public street, avenue,
alley or other public place, the
Companyshall obtain a
31of Code, shallerefore providPursuant thPublicChWorks
Oepartment With 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 such work. In emergencies which require immediate
excavation, the Company may
proceed with the work without
first applying for or obtaining the permit, provided,
Ordinance No.
Page 6
however, that the Company shall apply for and obtain the
excavation permit as soon
as Possible after commencing such
emergency work.
A public utility company authorized to cut and trim trees
under the terms of its franchise
must conduct such work in a
careful and prudent manner. The authority or obligation
the company in this regard
of
shall not extend beyond trimming
trees sufficiently to clear and
its
prevent interference with
above -ground transmission or distribution
facilities.
lines and
Cutting or trimming shall be performed in
residential street and
alley areas in accordance with
standards to be established by the City Forester.
Company shall submit
The
to the City Forester on or before
December 1 of eachear,
Y a schedule of tree trimming
intends to do in
that it
i the residential street and alley areas.
Trimming or cutting which is
t
done on an emergency basis and
which is not shown an hannu
schedule shall be
aCityrForestera
reported to the
withinttwo
working days following such trimming or
cutting.
Section 33-179. Extension or Expansion
j!
of Electrical Utility Systems and Installation of New Electrical
Sion Systems.
Be Utility
Before an y Transmis-
hereafter y Public utility company,
As
_s
op. or now or
system within Iowa Cit maintaining an electrical utility
Commences
tI
any extension or expansion
of its electrical utility
the installation newaelecitricalssion sutilitynt
?'
of any the ransmissior
system in the City, there shall on
s:
be filed with the Public
Works Department, in duplicate, a
specifying the written
streetsstatement
, alleys and public places, or private
property, or parts thereof, in
3
r:!
which it proposes to extend,
expand, install or repair its utility system. The
of Public Works
Director
may require that the statement be accompa-
vied by maps, plans and specifications,
to
in duplicate, drawn
an acceptable scale, showing the proposed location of the
electrical utilitys
stem
streets and alleyand lot components with reference to the
lines, the
size and dimensions of
all utility system con on
beneath the surface of the ents and the distance above
or
or to lay the same, ground it is proposed to repair
the proposed locations
electrical utilitys
stemf of any
shall interfere with
the reasonable anproper use,
P se,
and maintenance of an
construction, reconstruction
any improvements
utility system
component or other existing
the streets, alleys or other structure upon or under
Director of Public Works Public places of the city, the
after the within
ishall, a reasonable time
filing of such
the necessary and proper Changes to a call iinterfer-
oaeliminate
ence with public improvements or existing utility
refer the same back
system and
to the public utility company for
correction. Such ma
anspecifications, when
properly changed and corrrected, shall be filed
in the office
lllt4
I
-t
Ordinance No.
Page 7
of the Public Works Department, and a copy thereof, together
with the written statement,
shall be forwarded to the
Planning and Zoning Commission.
Section 33-180.
Standards and Criteria for Review of the Location of
Proposed Expansions
or Extensions
Transmission of Electrical Utility
Systems, or for Installation
of New Electrical
Utility Transmission Systems.
F
r
(a) Review by Director of Public Works. In reviewing the
written statement
and the maps, plans and specifica-
tions submitted by the electrical utility company
Pot to Section above, Works Director the
shalldetermine he
degree towhich the
electrical utility company's proposal complies
with the
standard set out in this paragraph and shall forward
findings and
a recommendation thereon to the City
Council. All utility system components
.0
erected by an
electric utility company within the city shall be
located
so
as to cause minimum interference with public
improvements and other
5
public utilities located in the
streets, alleys and other public ways and places
w
and to
cause minimum interference with the rights or reason-
able convenienceof
property owners who adjoin any of
streets alleys or other
T
places. public ways or
(b) Review by Planning and Zoning Commission. In reviewing
the written
report and the maps, plans and specifica-
tions submitted by the electrical
utility company
Zoningn Commissionf on
and
33-179 above the Planfutility !
shall review the' electrical
company's proposal in light of the following
z,
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 ordi-
nances .
(5) The inconvenience or damage which may result to
property owners
as a result of the proposed
project.
lllt4
Ordinance No.
Page 8
I
(c) The City Engineer and the Planning and Zoning Commis-
sion shall be required to make their respective reports
and recommendations to the City Council within 60 days
of the company's final submission of its report, and
the accompanying maps, plans and specifications.
Section 33-181, Council Approval Required for the Expansion or Extension of
Electrical Utility Transmission Systems and for the
Installation of New Electrical Utility Transmission Systems.
Within 60 days of its receipt of the reports and recommenda-
tions 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 Section 33-180 above
and on the recommendations received. In the event that the
City Council disapproves said proposal, the resolution shall
reflect the reason or reasons for disapproval. If the City
Council fails to either approve or disapprove such proposal
within the said 60 -day period, the proposal shall be
considered to be approved.
Upon approval of the company's proposal as aforesaid, the
Director of Public Works shall issue a permit therefore and
the 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,
Section 33-182. Underground Service Required. In all new residential subdi-
visions 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 mains and lines, and
supply lines, except for certain control facilities, shall
be placed underground throughout the City in accordance with
accepted engineering practices. All above ground gas
facilities shall be located with due regard for aesthetics.
Underground electrical service shall be installed pursuant
to the requirements of Chapter 33, Article III of this
Municipal Code. Underground telephone service shall be
installed pursuant to the requirements of Chapter 33,
Article IV of this Municipal Code.
ffl�
Ordinance No.
Page 9
Section 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 components underground in any underground
service district hereafter established by the City
pursuant to this provision.
(b) The following described area(s) shall constitute the
underground service district(s):
(1) Downtown District: Madison Street north from Court
Street st to
GilberttoStreet,gton GilberteStreetington south Street
Burlington
StreetStreet�southBurlitoton Cou ttreet Steet,st to and CourtnStreetti
nn
west to
Madison Street.
Section 33-184. Underground Service District Regulations.
(a) Before commencing the work of placing utility lines
underground, the Company shall file with the City a
written statement specifying the particular streets,
alleys and public highway, or parts thereof, in which
underground utilities are to be located, the approxi-
mate size of the lines, cables, and/or conduits
proposed 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 subsectionlam a) ofthis
section shall be accompanied by a map, p Pec
cations which shall show the proposed location of the
lines, cables and/or conduits with reference to the
streets, alleys and surface of the streets and the
conduits
o manholes tobeused proximate din nsthe lines,
cabThe� 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 underground
by the City or by any other public utility.
(c) The statement, map, plan or specifications, altered as
provided for in subsection (b) of this section, after
being corrected or changed, together with the original
statement, shall remain on file in the office of the
Departunder-
ground cilitiesent of lshallrbe constru tic oks of the iedy in t. All
ccordance
with the corrected statement, map, plan or specifica-
tions.
I
■:
vid
Ordinance No.
Page 10
(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 excava-
tions 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.
(f) The above -ground extension of a utility line from an
underground conduit to a building or other location
within the underground service district must be
approved by the Department of Public Works of the City
prior to its installation.
(g) Any above ground facilities in an underground service
district shall be located with due regard for aesthet-
ics.
Section 33-185. Public Utility Company Contractors. The requirements of
this chapter shall apply fully to all persons, frons or
corporations performing work for a public utility company
under a contract or other type of work order.
—i
Ordinance No.
Page 11
Division 4. General Provisions.
Section 33-186. Conditions of Street Occupancy.
(a) Use. All utility system components erected by a public
utility company within the city shall be so located as
to cause minimum interference with other public
utilities located in the streets, alleys and other
public ways and places, and to cause minimum interfer-
ence with the rights or reasonable convenience of
property 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 the
purpose of facilitating the construction, reconstruc-
tion, maintenance, repair or change in grade of any
public improvement on, in or about any such public
right-of-way, for the purpose of promoting the effi-
cient 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
assessed to the public utility company.
(c) Placement of Components. The public utII ity company
shall not place their utility system canponents in the
public right-of-way where the same will interfere with
the normal use or maintenance of any publ is improve-
ment, including but not limited to streets, alleys,
sidewalks, traffic control devices, sanitary sewers,
storm sewers, storm drains or water mains.
Section 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.
Section 33-188. Penalty. Any persons willfully violating this chapter shall
be guilty of a misdemeanor and upon conviction thereof shall
be punished according to the provisions of Section 8 of
Ordinance No. 78-2918.
Section 2. Severabi I ity Clause. If any of the provisions of this Ordinance
are tor any reason declared illegal or void, then the lawful
provisions of this Ordinance, which are severable from said
P/0
I
Ordinance No.
Page 12
unlawful provisions, shall be and remain in full force and
effect, the same as if the Ordinance contained no illegal or void
provisions.
Section 3. Repealer. All ordinances or parts of ordinances in conflict with
the isions of this Ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall be in full force and effect
from and after its final passage and publication as by law
provided.
Passed and approved this j
MAYOR
i
ATTEST:
I Y L RK
i
41 Approve
b/11 D i
86
I
i
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ORDINANCE NO.
AN ORDINANCE GRANTING TO IOWA -ILLINOIS
GAS AND ELECTRIC COMPANY, ITS SUCCESSORS
AND ASSIGNS, THE RIGHT AND FRANCHISE TO
ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE
IN THE CITY OF IOWA CITY, A GAS PLANT
OR PLANTS FOR A PERIOD OF FIFTEEN YEARS
AND TO FURNISH AND SELL GAS FOR PUBLIC
AND PRIVATE USE IN THE CITY OF IOWA CITY AND
ELSEWHERE.
BE IT ENACTED by the City Council of the City of Iowa City:
I
Section 1. There is hereby granted to Iowa -Illinois Gas and
Electric Company, an Illinois corporation authorized to do
business in the state of Iowa, hereinafter called the "Company",
and to its successors and assigns the non-exclusive right and
franchise to acquire, construct, erect, maintain and operate in
the City of Iowa City, a gas plant or plants for the production,
storage, transmission, distribution, sale, delivery or furnishing
of gas, either natural or manufactured or mixed natural and
manufactured, including the right to 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 years from and after the
effective date of this ordinance, and to furnish and sell such
gas to said City and its Inhabitants.
/0
T
Section 2. The rights and privileges granted to the
Company, as franchisee under this franchise ordinance, 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 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,
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 gas utility, as the City deems necessary and
2.
i
W.
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.
Section 3. The Company shall have the right to excavate in
any public street for the purpose of laying, relaying, repairing,
or extending gas pipes, mains, conduits and other facilities, but
all gas 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, traffic 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 gas utility service
components placed above, upon, in or under public right-of-way
shall comply with the National Fuel Gas code and the regulations
of the Iowa State Commerce Commission regarding construction and
clearance requirements.
Section 4. In making excavations in any streets, avenues,
alleys and public places for the installation of gas pipes,
conduits, or apparatus, the Company shall obtain a permit
therefore pursuant to Chapter 31 of the Municipal Code, shall not
3.
///V
I
r�.
unnessarily obstruct the use of streets, avenues, alleys or
public places, shall provide the Public Works Director with 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.
Section 5. 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 passive negligence of the Company, or by the
passive negligence of the City, on account of injury or damage to
any person or property, 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 Company 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
4.
I
A.
I
by the active or passive negligence of the Company and the acLive
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 indemnify by law.
Section 6. The Company, and its successors and assigns, is
authorized to extend its mains, pipes and appurtenances, to
expand its transmission 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 Iowa
State Commerce Commission, and provided further 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.
Section 7. 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 Company's rules, regulations and conditions
of service as approved by the Iowa State Commerce Commission.
5.
t
s
s
Section 8. The Company, its successors and assigns, is
authorized to impose reasonable terms and conditions upon the
furnishing of gas service and reasonable rules and regulations in
the operation and conduct of its business.
Section 9. 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 of
providing 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 condemnation of the private property by
resolution.
Section 10. The Company shall, at its cost and expense,
locate and relocate its installations 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
improvement.
Section 11. This franchise shall apply to and bind the City
and the Company and their successors and assigns; provided thatt
any assignment by the Company shall be subject to the approval of
6.
I
the City Council by resolution, which approval shall not be
unreasonably withheld.
The City expressly reserves the right to terminate the
franchise granted herein if the 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.
Section 12. The Company shall, at all times during which
this franchise is in effect, maintain, administer and operate
such energy conservation program within the City, as may be
approved by the Iowa State Commerce Commission, which program
shall be designed and operated to promote the conservation and
efficient use of gas energy by all utility customers within the
City.
Section 13. This Ordinance 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
7.
1;:
1
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 Company.
Section 14. The Company, within 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 the
terms and provisions of this Ordinance.
Section 15. This Ordinance shall become effective upon
passage by the City Council, approval of the voters as provided
in Section 13 hereof, acceptance by the Company as provided in
Section 14 hereof, and publication as required by law. Following
voter approval and acceptance of this Ordinance by the Company,
this Ordinance shall be published in the Iowa City Press Citizen.
The effective date of this Ordinance shall be the date of
publication.
Section 16. If any of the provisions of this franchise
ordinance are for any reason declared to be illegal or void, then
the lawful provisions of this franchise ordinance, which are
severable from said lawful provisions, shall be and remain in
full force and effect, the same as if the franchise ordinance
contained no illegal or void provisions. In the event any
provision or provisions are ruled i llegal or void by a court of
competent jurisdiction, the City and the Company shall forthwith
B.
1„
r
r•
al
3
amend this franchise to insert a successor provision that
complies with the applicable court ruling.
Section 17. All ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
i
PASSED AND APPROVED this day of 1986.
CITY OF IOWA CITY, IOWA
By
Mayor
+;
ATTEST:
City Clerk
Sa:LRE Q, �t
�iyyyysu"d' ly/E%/X�
I
i
a
/1/0
ORDINANCE NO.
AN ORDINANCE GRANTING TO IOWA -ILLINOIS
GAS AND ELECTRIC COMPANY, ITS SUCCESSORS
AND ASSIGNS, THE RIGHT AND FRANCHISE TO
ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND
OPERATE IN THE CITY OF IOWA CITY, AN
ELECTRIC LIGHT AND POWER SYSTEM FOR A
PERIOD OF FIFTEEN YEARS AND TO FURNISH
AND SELL ELECTRIC ENERGY TO SAID CITY
AND ITS INHABITANTS.
BE IT ENACTED by the City Council of the City of Iowa City:
Section 1. There is hereby granted to Iowa -Illinois Gas and
Electric Company, an Illinois corporation authorized to do
business in the state of Iowa, hereinafter called the "Company",
and its successors and assigns, the non-exclusive 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 transmission and distribution of electric energy along,
under and upon the streets, avenues, alleys and public places to
serve customers within and without said City of Iowa City, for a
period of fifteen years from and after the effective date of this
ordinance, and to furnish and sell electric energy to said City
and its inhabitants.
Section 2. The rights and privileges granted to the Company,
as franchisee under this franchise ordinance, 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 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,
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 electric 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
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which it now has or which may hereafter be authorized or
permitted by the laws of the State of Iowa.
Section 3. The Company shall have the right to erect,
construct, or install all necessary electric utility system
components, including but not limited to, posts, poles, towers,
conduits, fixtures, manholes, appliances and accessories and to II
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
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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
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streets, alleys, sidewalks, traffic 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 electric
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
regulations of the Iowa State Commerce Commission regarding
construction and clearance requirements.
Section 4. The Company is authorized to make excavations in
City streets, avenues, alleys and public places for purposes of
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routine repair, replacement, and maintenance of poles, wires,
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conduits, lines or other electric utility system components. In
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making such excavations, the Company shall obtain a permit I .
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therefore pursuant to Chapter 31 of the Municipal Code, shall not 1
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unnecessarily obstruct the use of streets, avenues, alleys or 1
public places, shall provide the Public Works Director with 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 i
applying for or obtaining the permit, provided, however, that the
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Company shall apply for and obtain the excavation permit as soon
as possible after commencing such emergency work.
The Company is empowered and authorized to cut and trim in a
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careful and prudent manner, at its expense, any trees extending
into any street, alley or public ground so as to prevent limbs or I
branches from interfering with the Company's above-ground
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transmission or distribution lines or =acilities. The authority
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or obligation of the Company shall not extend beyond trimming
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trees sufficiently to clear its above-ground lines and
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facilities. Cutting or trimming shall be performed in
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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
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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
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trimming and cutting schedule shall be reported to the City
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within 7 calendar days following such trimming or
cutting.
Section S. The Company shall defend at its own
expense, in
the name and on behalf of the Cit y, and shall indemnify and save
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harmless the City from any and all claims, suits, losses,
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damages, costs or expenses, whether caused or contributed to by
the active or passive negligence of the Company, or by the
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passive negligence of the City, on account of injury or damage to
any person or property, caused or occasioned, or allegedly caused
or occasioned, in whole or in part, by reason of or arising out
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of the construction, reconstruction, excavation, operation or
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maintenance by the Company of the electric utilities authorized
by this franchise. However, the Company shall not be obligated
to defend, indemnify and save harmless the City for any costs or
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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
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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
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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 def
end, save
harmless and indemnify by law.
Section 6. The Company, and its successors and assigns, is
authorized to extend its lines, wires and conduits, to expand its
transmission and distribution systems, to engage in major repair
work and to install new distribution and transmission systems
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within the City, provided that such work is done in accordance
with the rules and regulations of the Iowa State Commerce
Commission, and provided further 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
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Utilities Regulation, now in effect or as amended.
Section 7. 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 Iowa State Commerce Commission.
Section 8. The Company, its successors and assigns, is
authorized to impose reasonable terms and conditions upon the
furnishing of electric service and reasonable rules and
regulations in the operation and conduct of its business.
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Section 9. The City shall be privileged upon notice to the
Company, without charge, to make use of the poles, posts, towers,
and underground 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 of the City upon the Company's poles, posts or towers,
or in the company's underground conduits.
Section 10. 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 of
providing electric service to the public and in a reasonable
relationship to an overall plan of distributing electrical 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 condemnation of the•private property
by resolution.
Section 11. The Company shall, at its cost and expense,
locate and relocate its installations in, on, over or under any
public street or alley 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 any
public improvement of, in, or about any such street or alley, or
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promoting the efficient operation of any such improvement. The
City may, upon a showing of good and reasonable cause, require
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the Company to place Or bury its electrical utility system
components underground in any underground service district
hereafter established by the City pursuant to the procedure
set
forth in Chapter 33, Article VI of the Municipal Code, Public
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Utility Regulation.
Section 12. This franchise shall apply to and bind the City
and the Company and their successors and assigns; provided that
any assignment by the Company shall be subject to the approva
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the City Council by resolution, which approval shall not be
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unreasonably withheld.
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The City expressly reserves the right to terminate the
franchise granted herein if the Company breaches any of the
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provisions of this franchise; provided, however, there shall be
no termination if the Company shall correct the breach within
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y (60 written
sixty ) days y notice provided by the City to do so.
The Company shall not be excused from complying with anyof
the terms and conditions of this franchise by any failure
of the
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City to insist upon or seek compliance with any such terms
or
conditions. Further, it is agreed that the subject matter of
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this franchise is unique and may be enforced by specific
performance, at the City 's option, since a remedy at law may be
inadequate.
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Section 13. The Company shall, at all times during which
this franchise is in effect, maintain, administer and operate
such energy conservation program within the City, as may be
approved by the Iowa State Commerce Commission, which program
shall be designed and operated to promote the conservation and
efficient use of electrical energy by all utility customers
within the City.
Section 14. 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, if requested by the City, enter into an agreement
to either purchase or wheel to City facilities the electric
energy produced from such qualifying generating facility, such
further agreement being subject to the approval of the Iowa State
Commerce Commission, and to applicable statutory requirements and
regulations. Nothing contained in the terms of this franchise
shall be construed to prevent the City from purchasing electrical
power for its facilities from sources other than the Company and
to contract for same from these sources.
Section 15. This Ordinance 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
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cost and expense of the election relating to the franchise
provided for herein shall be paid by the Company.
Section 16. 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.
Section 17. This Ordinance shall become effective upon
passage by the City Council, approval of the voters as provided
in Section 15 hereof; acceptance by the Company as provided in
Section 16 hereof; and publication as required by law. Following
voter approval and acceptance of this Ordinance by the Company,
this Ordinance shall be published in the Iowa City Press -Citizen.
The effective date of this Ordinance shall be the date of
publication.
Section 18. If any of the provisions of this franchise
ordinance are for any reason declared to be illegal or void, then
the lawful provisions of this franchise ordinance, which are
severable from said unlawful provisions, shall be and remain in
full force and effect, the same as if the franchise ordinance
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.
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Section 19. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
PASSED AND APPROVED this day of 1986
CITY OF IOWA CITY, IOWA
By
Mayor
ATTEST:
City Clerk
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NOTICE OF INH KION TO ISSIE
Fbspital Facility Ibfuding levenue Bids
Series 1986
012my Hospital, Iova City, IoMa)
be
e WIssu�er'uncil of tie �, will meet mittheol7th dayio�f,lIOKQ
f986, at the �ivic Center Comcil awd)e s in be
City, Zoo, at 7:30 o'clock, pm., for � purpose
Issue
conducting a public hearing on the proposal to
Series I�ital Facility Iefurdirg revenue Bonds,
Issuer, in end Hospital, Iova City, Baa) of the
to
emeed $26,000,OODAD tie te Principal
eries 1 g�ts'� and
to loan said avant to Hkrcy Hospital, ba City,
. an Iae nOn-profit corporation (the 'ibs Pi -
that
for the pr;m of defraying the cost. to
Hpit&l onouFtacil t Wudrefundinirg Roemer the Issuer's
Bords,6 Series
1190 ("M iHbspital Project) (the 'Series 1983
ondWOPD5ed to use the proceeds of the
Series 1985 MS to refund the Series 19M 1kids.
to Pay the expenses and other Missions related to
the issuance of the Series 1986 Bonds ad the
the Of the Series 1983 Bonds and to establish
16serve �ute11rtiteThe Series 98Bordsifissued�llbe d
Obligations and w(11 not constitute general obliga-
tiOOFF
-the Issuer nor will they be Payable in any
Y taxation, but the Series 19% BY& will
be Payable solely and only from anouxts received by
the Issuer oder a loan A9reeant betwen the Issue
and the Fbspital, the obligation Of vhich will be
sufficient to PaY the principal of and interest and
rederption Preniun, if any, on the Series 1996 Bonds
as and Nven the sane shall becom doe.
At the time and place fixed for said public
he ani g, all local residents Mo appear will be
against OPporonity to express their views for or
and at the pWsaring l b or issue d the Series 1986 Bonds,
Issue shall adopt a resolution determining nether
or
1986 t tO proceed with the issuance of the Series
Ay order of the City (ouxil, this 20th day of
1986.
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NOTICE OF PUBLIC ffMNG ON R.ANS;
SPECIFICATIONS; FORM OF CONTRACT
U ESTIWIED COST FOR
NDRTN DUBUp1E ROAD IN4WVEbENTS PROJECT
IN TIE CITY OF IOA CITY; IOTA
TO ALL TAXPAYERS OF 11E CITY OF IONA CITY; IOWA; AND
TO OR PERM INTERESTED:
Public notice is her -4 given that the City
Council of the City of Iowa City, I0e, will conduct
a public hearing on plans, specifications, form of
contract and estimated cost for the construction of
the North Dubuque Road Improvements Project in said
City at 7;30 p.m: on the Ist day of July, 1986, said
meeting to be held in the Council Chambers in the
Civic Center in said city.
Said plans; specifications, form of contract and
estimated cost are new on file in the office of the
City Clerk in the Civic Center in Iowa City, Iowa,
and nay be inspected by any persons interested.
PAY Pwsons interested nay appear at said meeting
Of the City Council for the purpose of making
objections to said plans, specifications, contract
or the cost of making said improvement.
This notice is given by order of the City Council
of the City of Iowa City, Iowa.
MAIUAN KARR; CITY MEW,
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NOTICE OF PUBLIC WAMNG
A public hearing on a propos ease/purchase
agremmt betHeen the City of Iawe City and New
England Marchants Funding Calwation to acquire
CLSI caPter system for the Iowa City Wblic Li-
braxy will be held before the City Council an July
1, 1986, at 7:30 PM at 410 E. Washington Street,
Im City, Iaa. Pursuant to said proposed agree-
ment, the City of Iowa City shall make monthly
payments in the amount of $2,986.58 for 60 months to
acquire said cmputer system. At said public hear-
ing, the City Council shall receive oral or written
Objections frau any resident or property over of
the city regarding said proposal.
M4RIAN alt, Cm CLEW
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NOTICE OF PUBLIC FEARING
A public hearing will be held on July 1, 1986, at
7:30 pm. before the City Council at the Civic
Center, 410 E. Washington Street, I" City, Imo,
to provide opportunity for the public and Cable-
vision Associates VII, d/b/a Heritage Cablevision,
Inc. (the "grantee') to appear and be heard regard-
ing a proposed anendrennt to Section 14-78(b) of the
regard-
!ng
Telecomunications Franchise Enabling
Ordinance." Said proposed arerdnent provides for
the docunentation of regcests for cable television
service and for liquidated dwages to be assessed
against the grantee for failure to meet deadlines
for required cable network extensions. Copies of
the proposed anendnent shall be available for in-
spection at the office of the City Clerk at the
abov&#Ated address at least three weeks prior to
the public hearing.
w'
itingpublic
alsorespond iregarding the proposed
arendnent by snhmittinng.such written responses to
the City Clerk at the above -stated address on or
before June 26, 1986.
KVJM K. KAM, CITY CLERK
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NOTICE OF PUBLIC HEARING
The City of Iowa City he a4ith provides notice
of a public hearing to be held by the City Council
on Tuesday, July 1, 1986, at 7:30 R4 in the Civic
Center Council Ch3ters, 410 E. Washington Street,
Iowa City, Iowa 52240, to receive citizens' cmmds
on a proposed aQ;d t to the 1986 Cormunity Devel-
opnmt Block Grant Program and Budget.
Persons interested in expressing their views
concerning the proposed anexhent either verbally
or in writing will be given the opportunity to be
heard at the above-mentioned tine and place. Infor-
rmtion regarding the proposed amrdnent is an file j
for public inspection during business hours at the
foll wing location:
Office of the City Clerk I
Civic Cents
410 E. Washington Street
Iowa City, Iowa 52240 I ,'
WRIPfi K. KAM, CITY CLERK I
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NOTICE OF PUBLIC HEARING
The City of Iowa City he a4ith provides notice
of a public hearing to be held by the City Council
on Tuesday, July 1, 1986, at 7:30 R4 in the Civic
Center Council Ch3ters, 410 E. Washington Street,
Iowa City, Iowa 52240, to receive citizens' cmmds
on a proposed aQ;d t to the 1986 Cormunity Devel-
opnmt Block Grant Program and Budget.
Persons interested in expressing their views
concerning the proposed anexhent either verbally
or in writing will be given the opportunity to be
heard at the above-mentioned tine and place. Infor-
rmtion regarding the proposed amrdnent is an file j
for public inspection during business hours at the
foll wing location:
Office of the City Clerk I
Civic Cents
410 E. Washington Street
Iowa City, Iowa 52240 I ,'
WRIPfi K. KAM, CITY CLERK I
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NOTICE OF PUBLIC NEARING
tiotice is FeWy given that the Towa City City
Council will hold a public hearing on Tuesday,
July 1, 1986, at 7:30 R4 in the Council Chanters,
Civic Center, 410 E. Washington Street, Iowa City,
Iowa 52240, to receive citizen cements on a program
Description for the proposed use of $33,000 in
(dental Mabilitation Grant finds for 1986. Copies
of the Program Description prey be reviewed during
regular business hours in the office of the City
Clerk and at the Iawa City public Library.
Persons interested in a pressing their views
concerning the City's program Description may do so
at the aboveinentianed One and place or may address
their cmments to the City Cantil, Civic Center,
410 E. Washington Street, Iowa City, Iaa 52240,
MV1M K. KW, CM UM
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