HomeMy WebLinkAbout1987-11-10 Ordinance.0•
ORDINANCE NO. 8787
AN ORDINANCE VACATIM1G WALWY BETWEEN LOTS 1 AM 2,
C*MA COl1RT SUBDIVISION.
WIEREAS, Lot 90, Ty'n Cae Part II, an addition to
I" City, Iaa, was resubdivided into four lots,
nurbered 93, 94, 95, and 96, as Shawn on a plat of
Subdivision of Lot 90, recorded in BoWc 19 at page
49 in the Johnson County Recorder's Office; and
WIEREAS, in conjunction with that resubdivision
of Lot 90, the developers dedicated to the public a
walkway within a 20 foot wide sanitary sewer and
storm saver easenevt on Lot 95, ten (10) feet on
either side of a centerline situated as follows;
Comencing at the SMANiest comer of Lot 95
of a subdivision of Lot 90, Ty'n Cae subdi-
vision, Part II, Iowa City, 10A, as re-
corded in Book 19at page 49 of the Johnson
County Recorder,S Office, then northerly
along the easterly right-of-way line of
Cenbria Court a distance Of 74.50 feet to
the 83°17'07" East 171t of �06ifeet. and once North
mor *EREAS� bbyok 721,A9enent to Vacate Public WalkAa
Recorder's Office, the City in the Johnson County
w`alk'way and relocate it in acco�ce wito thca Publiate c
Walkoey Easerent recorded in Book 721, at page 229;
and
4EREAS, Lot 95 was subsequently resubdivided as
Part of Carbria Court Subdivision, recorded in Book
29 at page 29 in the Johnson County Recorder's
Office, and the walktay crosses Lots 1 and 2 of that
subdivision; and
W}EIEAS, a title exaniner has Objected that the
Agreement to Vacate Public Walkway does not accan-
plish vacation Of the walkway since it does not
carPly with statutory procedures; and
"Jf-AS, this ordinance is necessary to conplete
the intended vacation of the walkway.
T OW, H EFORE, BE IT ORDAINED BY 11E CITY CaNCIL
OF IOWA CITY, IOWA, THAT;
SECTION I. VACATION. The public ve%ey shown and
FST—na as a is walkway on Lot 95 of the
Subdivision of Lot 90 in Ty'n Cae, Part 11, as sham
on the plat recorded in Book 19 at page 49 in the
Johnson County Recorder's Office, and legally de-
scribed above shall be and here"yy is vacated,
Nothing cmta?ned herein shall be deaned to be a
vacation or abandmnent of the 20 -foot wide sanitary
sewer and storm sewer ease ent on the so a part of
said Lot 95.
15109,
.V'
Y
Ordinance No. 87-3345
Page 2
SECTION II. SEVERABILITY: If any section, provi-
shon or pa 0 0 finance shall be adjudged to
be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
Whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION III. REPEALER; All ordinances and parts of
o finances fin 0 h with the provision of this
ordinance are hereby repealed.
SECTION IV. EFFECTIVE GATE: This Ordinance shall
be in effect after its final passage, approval and
publication as required by law.
Passed and approved this 10th day of
November, 1987.
R
ATTEST: Aawq.) .)
CTCLEW,
Reoeked A Appy
BY The Legal DepaAtrwM-
lIYY---r—rY�rYy u v nT
/56 k
.r•
r
It was moved by McDonald and seconded by Dickson
that the Ordinance as read e a op ed and upon roll ce ere were:
AYES: NAYS: ABSENT:
% AMBRISCO
X BAKER
COURTNEY
X DICKSON
x MCDONALD
_ X STRAIT
_ ZUBER
First consideration -----
Vote for passage:
Second consideration 10/20/87
Vote for passage : Ayes: Courtney, Dickson, McDonald,
j Zuber, Ambrisco, Baker. Nays: None. Absent: Strait.
E
Date published 11/18/87
w
i
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 ordinance be given second consider-
ation at this time. Ayes: Baker, Courtney,
Dickson, McDonald, Zuber, Ambrisco. Nays: None.
i Absent: Strait.
/5-
.o•
ty
— M1EM,� of Iowa City
RANDOM
io.. Mayor and Cit DA": November
FROM: „,��
City Council 9, 1987
City Clerk P�
RE: Agenda Item #18
Legal and HIS staff has requested that
be removed from the ordinance in
substitute the attached Pages 4' S> and 6
ordinance Pages 4 your Packet. Please
amending Chapter B. S, and 6 into
that
ry
a
Ordinance tdo.
Page 4
(d) All service entrances for connercial or
industrial buildings shall be rigid metal conduit,
except that portion of the service which is
underground may be Schedule 40 non-metallic conduit.
Schedule 80 non-metallic conduit may be used on
services 400 arp and smaller.
(e) For installations in residential occupan-
cies, no service shall be smaller than ore hundred
(100) arperes. All occupancies over two thousand
five hundred (2,500) square feet of floor space,
including the basement but excluding the garage,
hall be served with a minimum service size of two
h dred (200) amperes.
f) All service entrance locations in the
cen al business district shall be approved by the
elect ical inspector before installation.
(g) Each building shall be served with a single
set of service entrance candu:tors. The service
conducto shall be properly protectedth ugh a
single in disconnect, except a dential
two-fanil dwelling may have a main disc nett for
each unit.
Sec. 8-11 . Conduit work.
(a) Elec ical equipment in or
within the cit shall be of the cla
metal corduit, intermediate r
electrical meta tic tubing, igi
conduit, except
structures and i
their garages. In
sheathed cable may
(b) In base
sheathed cable ma
framing marbers (c
the face of such m
Sec. 8-112.Dy
ications,
pon buildings
noun as rigid
conduit or
non-metallic
single-family
s, including
6-imetal1ic
/of garages, non-metallic
used exposed if placed in
1) at least 1 1/2" back of
methods.
All electric system\ab
owed by this code
Trey be nevi by thefor approval or
disapproval. Approval or oval may be based
on informs 'on presented toard in the form of
plans a or demonstrationill be considered
on a ca -by-case basis.
Sec . 8-1138-123. rese
DIVISION 2. ATIONAND EPFO8-124. Penalty foron f code.
My person who instalt , repairs,
intains, imp over or usesctricequi t
or performs any electrical work in A\ city or
causes the same to be done in violation f any of
the provisions of this code shall be guilty of a
misdemeanor punishable by a fine rat exceeding one
hundred dollars ($100.00) or imprisonment not
exceeding thirty (30) days.
/✓ 00 /
Ordinance No.
Page 5
Sec. 8-125. Powers and duties of the electrical
inspector.
The electrical inspector shall have the right to
enter upon any property during reasonable hours in
the discharge of his/her official duties and shall
have the authority to cause the disconnection of any
wiring or equipnent v&re such wiring or equipment
is dangerous to life or property or may interfere
with the work of the fire department.
The electrical inspector may inspect any arca all
electrical installations within the city. He/she
may a rove, condemn and order removed or remodeled
and in proper arid safe condition for the preven-
tion o fire ard the safety of life all electrical
heating lighting apparatus, motors, machinery,
fixtures rd connections, electrical equipment used
in the uti ization of electrical current for light,
heat or purposes and to control the disposi-
tion and arr events of the sane.
The elect ical inspector shall not engage in t
business of sale, installation or maintenanc of
electrical eq .pnent either directly or ind' ectly
and shall have ro financial interest in y firm
engaged in such usiness in the City of I City at
any time o-hile ding office.
The electrical inspector shall appointed b
the city manager his/her desi end shall be
responsible to building fficial for the
enforcement of the ectrical a and regulations
of the City.
Sec. 8-126. El ri board; creation and
authority.
There is hereby cr ted an electrical board,
referred to herein as board," which shall:
(a) Periodicall rev the electrical code and
make reccnmendati s there to the City Council.
(b) Prepare conduct itten examinations and
examine the qq alifications o applicants for the
licenses and fertificates requi rd by this code.
(c) Su or revoke any f the licenses or
certifica s required by this c for due cause, as
(d) Act as a board of appeals hear, grievances
arisi from decisions of the elec rical inspector
and to provide for reasonable 'nterpretations
c istent with the provisions of this code,
e) Act as a board of appeals approve or
disapprove wiring systems rot specifical addressed
in this cede.
Sec. 8-127. Appeals.
Any person affected by any action, inter etation
or notice issued by the electrical i ( nspe with
respect to this code may, in writing, appeal to the
a
f389
Ordinance No,
Page 6
board for consideration in accordance with the
Procedures set forth in the Iara City Adninistrative
Code, (Code of Ordinances, Chapter 2, Article IX)
Secs. 8-128,8-137. Feserved.
DIVISION DN 3. LI
CBM,
CERTIF
ICAIES
PERIM AND INSPEMONS
Sec. 8-138, License applications.
An s
Y Person desiring to take exaninatian for a
lice18 required by this code shall make application
to the lectrical inspector at least fifteen (15)
days pric to the test date.
The exain'natian shall bz written and of such
i
nature as to�unifonnly test the capability of the
applicants. Theapplicant shall danpnstrate to the
board his/her qualifications for the particular
license and shoe satisfactory knowledge of the
r methods and standards of the National Electrica
Code, as adopteJ by }he city.
f Sec. 8-139. License fees,
Fees for exanination , licenses, and pe is are
hereby established. Th amunts of such s shall
be set by the City Co cil by reso tion after
review and recauendation the Elec ical Board.
Sec. 8-140. License expiation renewal.
All licenses shall expir on anuary 1 of each
Year. Any license that ha pired may be rein-
statai within sixty (60) da after the expiration
date myon payment of a reins t t fee. After the
l ecpiration of the aforen ion sixty-day period,
no license shall be eved un ess the applicant
takes and passes the
Sec. 8-141, R* -i ed license wi the city.
(a) No pens all install, al , maintain or
repair any el r'cal equipirnt unl s such person
shall have r obtained a master electrician's
license city,
(b) applicant for an Iova ity master
electric's s license must denonstra to the
board' reasonablesatisfaction the he/she
pos s one of the following qualificati s:
That he/she has been the Inolde of an
u hired Ise City journeyman's license r one
r or mare; or
(2) That he/she is the holder of an unex ired
o journeyman's license from another jurisdict'
which license vas obtained more than one year p r
to the application date upon successful cmpleti
of a written journeyman electrician's examination
comparable to that of Iova City and which was
adninistered by such jurisdiction; or
0
Is89
.1.
M
•c
Ordinance No.
Page 3
operation may be granted by iernit for
ambulatory vendors and mobile carts when the
product is related to another season. The
time of operation for plaza cafes is pro-
vided 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 arbience within the City Plaza, while
t the same time protecting the general
blit fran an overload, volume or type of
s rd that is disturbing or inappropria
for pedestrian area.
(e) The lication shall include an agr t
puns t to which the applicant sha agree
to ind ify, defend, and save ha less the
City of o a City, its agents, ficers and
erployees frau and against all claims,
lawsuits, anages, losses expenses in
any manner sulting from arisirg out of
the activity event cov ed by the permit.
' The applicant hall at 11 times maintain a
policy of liab lity ' surance in effect in
the minimm anou three hundred thousand
dollars ($300,000 ) for personal injuries
and fifty thous ollars (#50,000.00) for
property danag aris out of the permitted
activity. applic t shall file with the
city clerk idence of uch insurance either
in the f of the poli or a certificate
of insur ce on a form ai by the city.
Such ' surance policy shal at the City's
opti either none the ci as an addi-
ti al insured, or shall pr ide coverage
j f the contractual indemi provision
ontained in the application.
The city manager may:
(1) Require insurance coverage nts in
excess of those stated above the
activity or event being sponso on
city property creates a higher an
usual risk of liability exposure due
the nature of the activity or event,
due to the expected number of partici-
pants or spectators;
(2) Waive the insurance requirements for an
activity or event sponsored by a pri-
vate party or organization if the
activity or event presents little or no
risk of liability; or
(3) Waive the insurance requirements for
events or activities sponsored by
agencies of the State of Ia„e, the
University of Iowa, or other goverrmen-
/59/
used, ( unless location in the the site is to be selected by the
superintendent.
Such
estimated sizeeshalll nnotted size
be held toube�concueive of
the size of any group .
(5) The date and time of such use and the
method of advertising it, if any, in detail.
(6) The nates and addresses of the persons to
be in charge of such use at the park site.
(7) If a public entertairmontparade, rally,
derxanstration, or any cm , bination thereof, the nares
and addresses of any persons to be feature as
tertainers or speakers, a list of mechanical
ipnent to be used, any motor vehicles to be used
onY imals to be used, and a description of
sound lification to be used.
(8 Proposed policing of the group whit shall
include nurber of people to direct tra ic, set
up and cle up the grounds, and to mai in order
if necessary Ing the event or use i such polic-
ing is necessa If the superint ent deem it
reasonable to ire special d
application shall s forth th n yberr toebe se
ployed, vhich erploymen all the responsibility
of the applicant.
(d) The application sh include an
agreement
Pursuant to which the lr nt shall
a
indennify, defend, and save ha less the City of
Ione City, its agents officers
and against all cl mrs, lawsuits PioYees, from
es, losses
and expenses in an manner resulting fr or arising
Out Of te The applicanttivall at all tines main" or event covered tain Permit.
of liability insurance in effect in the - y
arpunt of three hundimn
red thousand do ars
($308,000. ) for personal injuries and fifty th _
sand dol rs (g5o,000.00) for Property danage aris
Ing of the permitted activity. The applicant
shall file with the City Clerkevidence of such
ins once either in the form of the policy or a
ce ificate of insurance on a fano approved by the
or i
the Such insurance policy shall provide coverage
contractual indemity provision contained in
the application.
(e) The director nay;
excents in
ss)of thhoseirstatedonabove ance coverage when the act or
vity
event being sponsored on City property createsa
s
higher than usual risk of liability exposure due to
the nature of the activity or event, or due to the
expected nurber of participants or spectators;
(2) waive the insurance requirements for an
activity or event sponsored by a private party or
organization If the activity or event presents
little or no risk of liability exposure, or
4
/S90.
.1.
manager deem it necessary to require special
duty police, such application shall set forth
the number to be employed, which employnent
shall be the responsibility of the appli-
cant.
(b) The application shall include an agreement
pursuant to which the applicant shall agree to
indemnify, defend, and save harmless the City of
Iowa City, its agents, officers and employees, from
and against all claims, lawsuits, damages, losses
and expenses in any manner resulting from or arising
out of the activity or event covered by the permit.
The applicant shall at all times maintain a policy
of liability insurance in effect in the minirmun
amount of three hundred thousand dollars
($300,000.00) for personal injuries and fifty tho
sand dollars ($50,000,00) for property da ege ar s -
ng out of the permitted activity. The app cant
s 11 file with the city clerk evidence such
ins once either in the form of the po cy or a
certi 'tate of insurance on a form appr ed by the
city, ch insurance policy shall, the City's
option, ither name the city as an dditional in-
sured, or all provide coverage fo the contractual
indemnity p ision contained in a application.
The city ager may:
(1) Require in ante covera amounts in excess of
those stated above %h the activity or event
being sponso on ty property creates a
higher than usua ri of liability exposure due
to the nature of a activity or event, or due
to the expected r of participants or spec-
tators;
(2) Waive the ins ante r enents for an activity
or event s ored by a 'vate party or organi-
zation if a activity or e t presents little
or no ris of liability; or
(3) Waive insurance requirenent for activities
or ev is sponsored by agencies o the State of
los the University of las, or o er govern -
men 1 subdivisions, provided such entities
er into an agreement satisfactory to a city
torney to indemnify and hold harmles the
city, its officers, agents and erployees an
and against all claims, lawsuits, damage
losses and expenses in any manner resulting from
or arising out of the activity or event covered
by the permit, or to accept full responsibility
for said activity or event, and to defend the
city, its officers, agents and employees with
retard thereto.
(c) The application shall be accmpanied by a
bond purchased by the applicant in an arount deter-
mined by the city manager, to be a reasonable
/s'93
ORDINANCE W. 87-3346
AN ORDIWUCE RENDING CWIPTER 24 CF THE COCE OF
ORDINKES T TIE CITY OF IOWA CITY, IOWA, BY ADDING
THERETO A U ARTICLE X, "HAZARDOhS SUBSTANCES."
SECTION I. PURPOSE. In order to rare the
danger puff-FiFaTF, safety and welfare fran the
spills of hazardous substances these regulations are
pronulgated to establish responsibility for the
removal and clean up of spills within the city
1 inits.
SECTION II. NUZW. Chapter 24 of the Cade
of Ordinances of the City of Iowa City, Iova is
hereby amended by adding thereto the following new
Article X:
ARTICLE X. diA2Ar M SUBSTANCES.
Sec. 24-160. Definitions. For the purpose
of this article these cards have the follov4rog
meanings:
(1) Hazardous caste" means those castes vhich
are included by the definition in section
4558.411, subsection 3, paragraph a, Cade
of Ioa, and the rules of the Ima Depart-
ment of alter, Air and lbste N%nagement.
(2) "Hazardous substance" means any substance
as defined in section 455B.381, subsection
1, Code of Ime.
(3) "Hazardous cordition" means the same as set
out in section 4558.381, subsection 1, Code
of lova.
(4) "Responsible person" means a person who
produces, handles, stores, uses, trans-
ports, refines, or disposes of a hazardous
substance the release of which creates a
hazardous condition, including bailees,
carries, and any other person in control
of a hazardous substance vhen a hazardous
condition occurs, whether the person ovns
the hazardous substance or is operating
under a lease, contract, or other agreanent
with the legal owner of the hazardous
substance.
(5) "Clean up" means the sane as set out in
section 4558.381, subsection 6, Code of
I%a.
(6) "Treatment" means a method, technique, or
process, including neutralization, designed
to charge the physical, chanical or bio-
logical character or carposition of a
hazardous substance so as to neutralize it
or to render the substarce nonhazardous,
safe for transport, amenable for recovery,
amenable for storage, or to reduce it in
volume. Treatment includes any activity or
/.5940
.o•
Ordinance No87-3346
Page 2
Processing designed to change the physical
form or chemical composition of hazardous
substance to railer it nonhazardous.
Sec. 24-161. Clean up required. Whenever
a hazardous condition is created by the deposit,
injection, dunping, spilling, leaking or placing
of a hazardous Weste or substance, so that the
hazardous substance or waste or a constituent of
the hazardous waste or substance may enter the
environment or be Emitted into the air or dis-
charged into any waters, including ground pe-
ters, the responsible person shall cause the
condition to be remedied by a clean up, as
defined in the proceeding section, as rapidly as
feasible to an acceptable, safe condition. The
costs of clean up shall be borne by the respon-
sible person. If the responsible person does
not cause the clean hp to begin in a reasonable
tine in relation to the hazard and circumstances
of the incident, the City may, by an authorized
officer, give to the responsible person reason-
able notice, based on the character of the
hazardous condition, said notice setting dead-
lines for camarcing and carpleting the cleanup
and stating that in the event the responsible
Person fails to crnply with said deadlines, the
City may proceed to procure cleanup services and
bill the responsible person far all reasonable
expenses associated with the cleanup. If the
bill for those services is not paid within
thirty days the City attorney shall proceed to
obtain payment by all legal means. If the cost
Of the clean up is bgyord the capacity of the
City to finance it, the authorized officer shall
report to the City Cantil and immediately seek
any state or federal funds available for said
clean up.
Sec. 24-162. Notifications. The first
City office- or employee vin arrives at the
scene of an incident involving hazardous sub-
stances, if not a peace officer, shall notify
the police department vhich shall notify the
State Oepartnent of Water, Air, and Waste man-
agement.
SECTION III. FEPEALER: All ordinances and parts
of o nances n con i with the provisions of
this ordinance are hereby repealed.
SECTION IV. SEVERABILITY: If any section,
pre sonor part o s Ordinance shall be ad-
judged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a Whole or any section, provision or
Part thereof not adjudged invalid or unconstitu-
tional.
/5'fZ
.P'
M
Ordinance db. 87_3346
Page 3
SECTION V. EFFECTIVE DATE: This Ordinance shall
be in effect of —e its final Passage, approval and
Publication as required by law.
Passed and approved this 10th day of November,
1987.
ATTEST:
cmcm cI�
IYn- a Apprww.a
my as 1"d Depaneww
6 =s
.1.
4
It was moved by McDonald , and seconded by Zuber
the Ordinance as read be adopted and upon roll call there were: that
AYES: NAYS: ABSENT:
—X AMBRISCO
—X BAKER
X COURTNEY
r DICKSON
% McDONALD
— x STRAIT
—X ZUBER
First consideration
Vote for passage:
i Second consideration 10/20/87
Vote for passage Ayes: Dickson, McDonald, Zuber,
Ambrisco, Baker, Courtney. Nays: None. Absent:
Strait.
Date published
Moved by McDonald, seconded by Dickson, 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 ordinance
be given second consideration at this time. Ayes:
Courtney, Dickson, McDonald, Zuber, Ambrisco, Baker.
Nays: None. Absent: Strait.
15?454
.o•
d
.a
ORDINANCE NO. 87-3347
AN ORDINANCE ESTABLISHING A SPECIAL
ELEVATION AND GRADE FOR CERTAIN ALLEYS IN
IOWA CITY, IOWA.
WHEREAS, Section 31-9 of the Code of
Ordinances of the City of Iowa City, Iowa,
provides that the height of grade of
streets, avenues and alleys above the datum
plane referred to in Section 31-8 shall be
set forth by ordinance, and
WHEREAS, the plans and specifications
for the FY87 Alley Paving Assessment
Project provide for a special grade for the
alleys included within said Project.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF IOWA CITY, IOWA, THAT:
The elevation and grade of the alleys
included in the FY87 Alley Paving
Assessment Project, are hereby established
as shown in the FY87 Alley Paving
Assessment Project plans and specifications
on file in the City Clerk's Office.
SECTION I. REPEALER: All ordinances and
parts of ordinances in conflict with the
provisions of this ordinance are hereby
repealed.
SECTION II. SEVERABILITY: If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional,
such adjudication shall not affect the
validity of the Ordinance as a whole or any
section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION III. EFFECTIVE DATE: This
Ordinance shall be in effect after its
final passage, approval and publication as
required by law.
Passed and approved thislOth day of
November, 1987.
.M_,l -v�I�1A
�r
ATTEST: 22' .J
C TY CLERK
R rvx' , aj.c rcV:,I
Dep?,i ;fent
/S?5,P
.o.
u
It was moved by Dickson , and seconded by Courtney that
the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
K AMBRISCO
,y BAKER
g COURTNEY
X DICKSON
X McDONALD
X STRAIT
X ZUBER
First consideration -----
Vote for passage:
Second consideration 10/20/87
Vote for passage: Ayes: Baker, Courtney, Dickson, McDonald,
Zuber, Ambrisco. Nays: None. Absent: Strait.
Date published
Moved by McDonald, seconded by Courtney, 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 ordinance be given second consideration at
this time. Ayes: Ambrisco, Baker, Courtney, Dickson, McDonald,
Zuber. Nays: None. Absent: Strait.
/5for