HomeMy WebLinkAbout1985-04-09 OrdinanceORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED AT THE SOUTHERN IOWA CITY
CITY LIMITS BETWEEN THE IZAAK WALTON
LEAGUE PROPERTY TO THE EAST AND THE
CRANDIC RAILROAD TRACKS TO THE WEST, FROM
I-1 to 1-2. /
BIT ORDAINED BY THE CITY COUNCIL 0 THE
CI Y OF IOWA CITY, IOWA:
SECT ON I. That the property escribed
I below is hereby reclassified from its
j present lassification of I-1 o I-2, and
the boun aries of this -2 zone be
indicated on the this
ap of the City
of Iowa Ci Iowa, include the
property descr ed as fo ows:
In the S 1/4 the SW 1/4 of
Section 27, Tow hi 79 N, Range 6 West
of the 5th P.M. conmencing at the
point where t e CRANDIC Railroad
right-of-way i ters cts with Izaak
Walton League oad, t ence east along
the northerly fight -of- line of said
Road, 1361 eet to a int, thence
north along the boundary fine between
property o ned by Gordon an Angeline
M. Russel , and the Wagner Memorial
Holding orporation 1000 fee to a
point, ence westerly 1400 fee to a
point o the east right-of-way li a of
the CR NDIC Railroad which is 1000 eet
north of the point of beginning, the ce
sout erly 1000 feet along the ea t
rig t -of -way line of said Railroad t
th point of beginning. All of said
Pr
perty lying in Iowa City, Johnson
C unty, Iowa.
SEC ION II. The Building Inspector is
he e y authorized and directed to change
tzoning map of the City of Iowa City,
I a, to conform to this amendment upon
hefinal passage, approval and publica-
tion of this ordinance as provided by law.
SECTION III. The City Clerk is hereby
aut oiT rize'and directed to certify a copy
of this ordinance to the County Recorder
of Johnson County, Iowa, upon final
passage and publication as provided by
l law.
G0
i
0
2
SECTION IV. REPEALER. All ordinances and
parts of or finances in conflict with the
provision of this ordinance are here
repealed.
SE ON V. SEVERABILITY. If any se ion,
provi 'on or part of the Ordinan shall
be adju ed to be invalid or u onstitu-
tional, s \inn
cation shal not affect
the validie Ordinan as a whole
or any secvision part thereof
not adjudgd or u onstitutional.
SECTION VFECT E DATE. This
n-, L -ll L- LL-- --L-
ORDINANCE NO.85-5250
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED AT THE SOUTHERN IOWA CITY
CITY LIMITS BETWEEN THE IZAAK WALTON
LEAGUE PROPERTY TO THE EAST AND THE WEST
LINE OF SECTION 27, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH P.M. TO THE WEST
FROM I-1 TO I-2.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. That the property described
below is hereby reclassified from its
present classification of 1-1 to 1-2, and
the boundaries of this I-2 zone be
indicated upon the zoning map of the City
of Iowa City, Iowa, to include the
property described as follows:
Commencing at the southwest corner
of the southwest quarter of the
southwest quarter of Section 27,
Township 79 North, Range 6 West of the
5th P.M.; thence north to the southwest
corner of the north ten (10) acres of
the southwest quarter of the southwest
quarter of said Section 27; thence East.
815 feet; thence southerly to a point
on the south line of said Section 27;
which point is 440 feet west of the
southeast corner of the southwest
quarter of the southwest quarter of
said Section 27, thence west to the
place of beginning. All of said
property lying in Iowa City, Johnson
County, Iowa.
SECTION II. The Building Inspector is
ere y au orized and directed to change
the zoning map of the City of Iowa City,
Iowa, to conform to this amendment upon
the final passage, approval and publica-
tion of this ordinance as provided by law.
SECTION III. The City Clerk is hereby
authorized and directed to certify a copy
of this ordinance to the County Recorder
of Johnson County, Iowa, upon final
passage and publication as provided by
law.
(00
E
SECTION IV. REPEALER. All ordinances and
parts of ordinances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY. If any section,
provision or part o e Ordinance shall
be adjudged to be invalid or unconstitu-
tional, 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 VI. EFFECTIVE DATE. This
Ordinance shall be in effect after its
final passage, approval and publication as
required by law.
Passed and approved this 9th dayof
April, 19 Li'�-�—
(iJ� c�i
MAYOR
ATTEST: J?9a <� �i 7e. 7%V
CITY CLERK
Aceelved & llpprovd
ey 1 e ..,! Dnpe 9
/" �i
Gig
It was moved by Ambrisco and seconded by Dickson
that the Ordinance as read be adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
x S S DICKSON
x_ ERDAHL
x MCDONALD
ABSTAIN STRAIT
S S ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published April 17, 1985
Moved by Ambrisco, seconded by Erdahl, 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 and
second consideration and vote be waived and the ordinance be voted upon for
final passage at this time. Ayes: Ambrisco, Dickson, Erdahl, McDonald,
Zuber; Nays: Baker; Abstained: Strait
j
i
4pl9
0r
IILEED!
i APR d 985
CITY CLERK
9
April 4, 1985
Dear Mayor and CouncllmembPra,
Since I seem to have become one of the spokespersons
for the Melrose Lake Community AFsociPtion, Iwas
selced
by a neighbor to mete copies of t
which
spreared in t',e Press Citizen and to see that a tory
givenwas to the council. I h
you havealready discussed and the City Attorney material which
Attorneyhes
given you an op!nion on but, nevertheless, here It is.
I have talked to spvsral of the property owners
on the West side this week. Frani end Mary :lick, Jeff
and Audrey Knox, Fenry and rat Fox, Sheri Powers, Ian
and Jen Smith and Fredene Prenson among others
and vp
strongly opposed to r apartment
all still feel very
development on the West side without proper consideration
ou to
downzoningfor vof theffic 1neuziltand Melrosec. We ask ytractsvoneAprilfor t9e
Think you again for all the help from you and your
staff.
Sincerely,
Petty and Al Thomas
Melrose lake Co:.munity
Assoc.
& ad
E1
' c: r.,.: .:...... �IAx 11xYl1 atlx 1a�r111 Nat x�IxYtIF�IN�flkYiFlYi SlildxY�:7f
Zoning property within the.. law
By ROBERT BRUSS
� Ywas 5.rvk a
Since 1962 Gene owned vacant
commercially -zoned land on the
outskirts of town. fie and adjoining
landowners asked the city council
for permits to build a regional
shopping center on the land.
But city officials quickly passed
a moratorium on new permits
while they studied a new general
zoning plan for the city. As later
enacted, the new general plan did
not allow development of a region-
al shopping center on Gene's va-
canlland.
Gene alleges the city denied the
permits and rezoned his land to
protect downtown urban renewal
plans for hotels, department
stores, and offices. Evidence was
submitted that the city's private
urban renewal contractor, Metro
Center, urged the city council's re-
zoning action. Metro Center's pres-
ident was previously a member of
the city council.
The down -zoning of Ills land,
Gene alleges, violates antitrust
laws and his equal protection and
due process rlghts under the U.S.
Constitution.
IF YOU WERE TBE•JUDGE
would you decide the city's rezon-
Ing of Gene's land Illegally violates
federal antitrust, equal protection,
and due process laws?
The judge said no. Slate and fed-
eral laws encourage cities to,pro-
mote urban renewal, the judge
began. The legal means to accom-
plish such goals Include Investing
public money and contracting with
private companies, he added.
To further the chances of suc-
cessful urban renewal and to pro.
tect Its Investment, the city Is al-
lowed to use reasonable means in.
eluding rezoning other properties,
the judge continued.
!'Since'Ihe city! activity Is au-
thorized by stale 1 lid federal laws,
even though sue 1 action may dis-
courage compel l on, there is no
evidence of any 1 (proper conduct
by the city ar off it lots of its urban
renewal contract o•, lite Judge em-
phasized.
Current propetI,zoning is not a
vested right, he i x pbdned, and the
city may change zoning without
violating a propr.I ty owner's con-
stitutional rights If equal protec-
tion or due pruess. Therefore,
since the city's u: Ions were sunc.
tioned by existing laws, the diml-
milion in value a' :zone's property
by rezoning did 'lot violate any
laws, the judge tutcd. --=••I
Based on the 1911 U.S. Court of
Appeals decision it- Scott vs. City Of
Sioux City, 736 Fel. 2d 1207.
F L
APR 3 ;935
6111�Ary"'t 8, /985
� CITY CLERK
ll�e aAe Witing .tn expte" ouA appAeoia#ian fon you,% thoughtful conw2enatian of the
Mebw4e Lake Anda.
Out conceive fon, added 4Aa4Uc that mild Aeeutt f= any more apaatmente w the area
le get Aeaten t/nma moving tw4fi.c, the drive out in 4e moAn n/g mid netuan at the end
of the day. F.xthere <e the ovexzight Atxeet paA%Ung which inr/irnfaw the nwmben
of padung epacee allowed by the apwdnent bui.tdm doeA not provide fort the twwdd
needA. IVood!Aidz& a. UAive.ee poeted on the faet Aide "No paA ing between 8:07 AM
and 5:07 PM ", and ort the. Welt Bide "No paAhing any time" up to a Acgn that Reade
"Pni mie pwpenty ,m thAough my". Thexe aAe no City Atxeet pa4ibction Aegne on the
p iivate thwugk any. One mo minq .Coe# week be�oAe 8:07 hM me counted /6 Amen and /
motorcycte paAked on thin private atneet and the paddng tot pnovided tot the apaAtment
wee moai4 A&ad. Cage parhed on the Atxeet change the toohA of the neighborhood.
/ have the fnLlauing infoAnxtion fwm the Poti,ce department and the City fngineeAe
office; .in Aegand 6 a prLvate etaeet:
The Potice mitt anewrx a ca.0 to a building, but they do not p root the AtAeet.
The Patice would not iiclaet a caA unteee caUed by Rome one in aatleoAi # in the
buiCding.
//eeAe eA no Cntrp Atneet eetvice nuc% ae:
Ot Atwet tepaiJe.
Atneet 4weepen, leaf pechup, Anom Aemovat
Anothen tAaffi.c concern i.e the pAivnte garbage collection truchA a4i.ch, in conixaet
to our City ordexly and ey/� once-a-rrxh picA up, aite 4UJAy dLtty and Roi4g,
and cone ct%Zving in here anytime from manning to .Cate a{tennoon in the Rumex. Since
t/eexe iA no oazUe,t io the acea eveV dinty much Lwve& bg our houee #mice, going
in and caning out. In between cotlection timeA Rome of the apaAtment coVect(on
mute ane fua and oven fionwing PA dap before Aeg ane emptied.
/ could Lihe io =Ue eome inq about t/eeee cunceAned c.Zapu. Sevewt of out
Ubodeide - Oahcneet neeidentA have had twenty to tawAbj three veare of cane and
concern about the illelxoee Lake AAea. The 6Uc%4 mored here before !i'oodeide and
Oahcneat Atneete mere cexnp[eted, Pk. Coneanue me AUU Living in the fanuv A= house
and he. ptanied ;lee WtZom ami tchee that ane now mature #need awu nd the fan# end of the
�,Rd
Lake, The Lake to mute% ram a m" place mUh Bleating widen the .Lights and music
each ad "S4ate Waft;" and VeUo D¢Ug".
The six twagt;o�iean neaide:te ane aU .the 4i%a# omens o4 thein homes and together
Aeg have had {ou%te-en duXdwn AkzA Roaeevelt Oemadams School and all but .trm
o4 these ch.L&bwt etanted their in Mg.
The boad"ea% xeeidcnte ane : Lara# Tegga%t, 709 Woodside; F.J.Kilpatnick, 8/6
Woodaide DK; Ralplc Andeum, 807 [Amdeide D%.; F=nh Z. Ctick, 840 Oa4cu t;
L.M. Sa"utg, 904 Oakww t; Jim Shmrh, 835 Oakcnest. The occupations %epneaented
here acre: PoLice, Public School Teochen, Nuue, /neanance Bus!%eee and (Lni.vensitg
bw4eeeo%.
mi
/ axes eune you ,mriaut and mr>puz&te you% eeeond vote to done the Melwae Lahe
Anes R S 8.
Veng eirtcenelg ;4mu
dlembene o4 Metnoee Lake�Cawwitg Aeeociat m
Gro
ORDINANCE NO. _
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY BOUNDED BY UNIVERSITY HEIGHTS TO
THE NORTH, THE FORMER CRI&P RAILROAD
TRACKS TO THE EAST, THE LAKEWOOD ADDITION
TO THE SOUTH AND ON THE WEST BY THE EAST
LINE OF THE SOUTHWEST QUARTEROF HE
NORTHEAST QUARTER OF THE NORTHWEST QUA TER
OF SECTION 16 IN TOWNSHIP 79 NORTH, ANGE
\6 WEST OF THE 5TH P.M. AND C RTAIN
PROPERTY IN THE SW 1/4 OF THE NE /4, OF
T E NW 1/4, SECTION 16, TOWNSHIP 7 NORTH,
RANGE 6 WEST OF THE 5TH P.M.,FRO RM -12 TO
RS -8X
BE IT OkpAINED BY THE CITY CO NCIL OF THE
CITY OF ID A CITY, IOWA:
SECTION I. That the prop rty described
be owis he eby reclass'fied from its
present classi ication of RM -12 to RS -8,
and the bounda *es of a RS -8 zone as
indicated upon t e zoni g map of the City
of Iowa City, I sh 11 be enlarged to
include the proper d scribed as follows:
Commencing at a Northwest corner
of the Northeast arter of Section 16,
Township 79 North Range 6 West of the
5th Principal Ne idian; thence N
87045'39" W, a ong he centerline of
Melrose Avenue 656. feet; thence S
01057'43" E, a ong the est line of the
East half /2) of the Northwest
Quarter (1/4 of the No theast Quarter
(1/4) of th Northwest arter (1/4),
of said Se ion 16, 662.7 feet to the
Point of ginning; the
88018'58"
E, 606.8 feet to the So thwesterly
right -of- ay line of the Chi go, Rock
Island Pacific Railroad; hence S
4405514 " E, along said ilroad
right- -way line, 314.93 feet; thence
S 500 1100" W, 221.97 feet t the
North ast corner of Lot 5, Lak wood
Addi 'on, an addition to the Cit of
Iowa City, Iowa; thence N 86026'00" W.
141 0 feet; thence S 51038'00" ,
alo g the Northerly line of said
La ewood Addition; 75.00 feet; thence N
66 16'00" W, 71.00 feet; thence S
53 12'00" W, 98.80 feet, thence S
53033'00" W, 168.28 feet; thence S
49010'00" W, 98.60 feet; thence S
47009'00" W, 66.10 feet to the South-
K
west corner of Lot 1 of said Lakewood
Addition; thence N 67026'00" W, 32.01
feet; thence N 01057'43" W, 657.66 feet
to the Point of Beginning; and
Commencing at the NE corner of the
W 1/4 of the NE 1/4 of the NW 1/4 of
S ction 16, Township 79 North, Range 6
Wet of the 5th P.M., thence west along
the north line of said SW 1/4 of NE 1/4
of1/4, 200 feet, thence southerly
along the east line of an extension of
Olive ourt 170 feet, thence easterly
at right angles with said east line of
Olive Cort 200 feet to a point on th
east lin\orner
aid SW 1/4 of NE 1/4
NW 1/4, oint being 164 feet so,h
of the Ner thereof, thencenoth
164 feete place of beginning.SECTION II.e Building Inspecto is
hereby authand directed toange
the zoning the City of Iow City,
Iowa, to cto this amendme t upon
the final p, approval and iblication of thina ce as provide by law.
SECTION IIIe ity Clerk is hereby
auau oize�rec d to cer ify a copy
of this ordinance to the Cou ty Recorder
of Johnson County, Iawa, upon final
passage and publicati a provided by
law.
SECTION IV. REPEALER. ordinances and
parts of or mantes in nflict with the
provision of this or n ce are hereby
repealed.
SECTION V. SEVERABI TY. f any section,
provision or part the 0 dinance shall
be adjudged to be invalid o unconstitu-
tional, such adju ication sha 1 not affect
the validity of the Ordinance as a whole
or any section provision or p rt thereof
not adjudged invalid or unconst tutional.
SECTION VI EFFECTIVE DAT . This
Ordinance a d in effect fter its
final paspandw;pproved
proval and publi ation as
require Pa a this
MAYOR
ATTEST:
CITY CLERK Received $ Approved
B T
y , LeOa[z pa mnni
f1
ORDINANCE NO. 85-3731
ORDINANCE APPROVING THE AMENDED PLANNED
DEVELOPMENT HOUSING (PDH) PLAN OF TY'N CAE
SUBDIVISION, PART THREE, IOWA CITY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA
CITY, IOWA:
SECTION I. The amended PDH plan of Ty'n
Tae Subdivision, Part Three, submitted by
Dynevor Inc., is hereby approved, and the
amended portion is legally described as
follows:
A resubdivision of Lots 96A, 96B,
.96C, 960, 96E, 97 and 98 of Ty'n Cae
Subdivision Part 3, as shown on the
Final Plat, P.R.D. and L.S.R.D. Plan
recorded in Plat Book 24, at page 18,
of the Records of the Johnson County
Recorder's Office, and a portion of the
adjacent excess Right -of -Way of Mormon
Trek Boulevard. Said excess
Right -of -Way being more particularly
described as follows:
All that portion of the Right -of -Way
of Mormon Trek Boulevard between
Centerline Station 5123+25 and Center-
line Station 5130+00, which is bounded
on the Northeast by the present
Right -of -Way line of said Mormon Trek
Boulevard and on the Southwest by a
line, 40 feet normally and/or radially
distant Northeasterly of and parallel
and/or concentric with the centerline
of said Mormon Trek Boulevard, and
which portion is more particularly
described as follows:
Commencing at an Iron Right -of -Way
Pin with Tablet, found at a point on
the Northeasterly Right -of -Way line of
Mormon Trek Boulevard, which is 60 feet
normally distant Northeasterly of
Centerline Station 5123+00; thence S
55046'55" W, 20 feet, to a point which
is 40 feet normally distant North-
easterly of said Centerline Station
5123+00; thence N 34013'05" W, 25.00
feet, to a point on the Northwesterly
line of platted Gryn Drive in accor-
dance with the plat of Subdivision
Recorded in Plat Book 24 at page 18, of
the Records of the Johnson County
Recorder's Office and which point is 40
(o a2
Ordinance No. 85-3231
Page 2
feet normally distant Northeasterly of
said Centerline of Mormon Trek Boule-
vard, and is the Point of Beginning;
thence N 34013'05" W, 130.60 feet, to a
point which is 40 feet normally distant
Northeasterly of Centerline P.C.
Station 5124+55.6; thence North-
easterly, 481.1 feet along a line 40
feet radially distant Northeasterly of
and concentric with said Centerline, on
a 2824.8 foot radius curve, concave
Northeasterly, whose 480.5 foot chord
bears N 29020'20" W, to a point which
is 40 feet radially distant North-
easterly of Centerline P.T. Station
5129+43.6; thence N 24027135" W, 56.4
feet to an Iron Right -of -Way Pin with
Tablet, found on said Northeasterly
Right -of -Nay line of Mormon Trek
Boulevard, which is 40 feet normally
distant Northeasterly of Centerline
Station 5130+00; thence S 38026'50" E,
along said Northeasterly Right -of -Nay
line, 387.40 feet, to an Iron
Right -of -Way Pin with Tablet found,
which is 115 feet radially distant
Northeasterly of Centerline Station
5126+10; thence S 23013150" E, along
said Northeasterly Right -of -Way line,
283.93 feet, to a point on said
Northwesterly Right -of -Way Line of
Platted Gryn•Drive; thence S 55046'55"
W, 24.85 feet, to the Point of Begin-
ning. Said tract of land contains 0.70
acres more or less, and is subject to
easements and restrictions of record.
Said tracts of land containing 3.93
acres more or less, and are subject to
easements and restrictions of record.
SECTION II. Variances from the RS -8
zonTquirement approved as part of the
amended PDH plan include those variances
cited in the original PDH plan outlined in
Ordinance 183-3130 and as follows:
1. Lots 96A -E, Lot 97 and Lot 98 will be
developed as 22 lots for zero lot line
dwellings.
2. The frontage on Lots 106, 107, 108,
109, 110, and 111 of the resubdivision
of Lots 96A -E, Lot 97 and Lot 98 is
reduced from the required 45 feet to
between 30 feet and 36 feet.
Ordinance No. 85-3231
Page 3
SECTION III. This ordinance shall be in
full force and effect when published by
law.
SECTION IV. REPEALER: All ordinances and
pars o or finances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY: If any section,
provision or part of t e Ordinance shall.
be adjudged to be invalid or unconstitu-
tional, 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.
Passed and ap roved this 9th day of
April, 1985. 9L�
MAYOR
ATTEST: k �nw�
CITY CLERK
hC0h.ea a Aaarovsd
(01Q -
It was moved by Ambrisco and seconded by Dickson
were; fin
that the r ance as rea ro a adopted and upon ca ere
AYES: NAYS: ABSENT:
X AMBRISCO
N BAKER
x_ DICKSON
_ x EROAHL
x_ MCDONALD
X STRAIT
X _ ZUBER
First consideration 12/18/A4
Vote for passage:
Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber
Nays: None
Second consideration X15/85
Ayeos: D�crllopnalsdaggtrait, Zuber,Ambrisco, Baker, Dickson, Erdahl
Nays: None
Date published April 17, 1985
4p A..2-
i
i
t
It was moved by Ambrisco and seconded by Dickson
were; fin
that the r ance as rea ro a adopted and upon ca ere
AYES: NAYS: ABSENT:
X AMBRISCO
N BAKER
x_ DICKSON
_ x EROAHL
x_ MCDONALD
X STRAIT
X _ ZUBER
First consideration 12/18/A4
Vote for passage:
Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber
Nays: None
Second consideration X15/85
Ayeos: D�crllopnalsdaggtrait, Zuber,Ambrisco, Baker, Dickson, Erdahl
Nays: None
Date published April 17, 1985
4p A..2-
ORDINANCE NO. 85-3232
AN ORDINANCE AMENDING SECTION 18-44 OF THE
CODE OF ORDINANCES OF THE CITY OF IOV1A
CITY, IOWA, BY ADDING THERETO SUBSECTION
(h), PROVIDING FOR JUDICIAL REVIEW OF
ACTIONS OF THE HUMAN RIGHTS COMMISSION.
BE IT ORDAINED BY THE CITY OF IOWA CITY,
IOWA:
SECTION -1. - PURPOSE. The purpose of this
Ordinance Is to amend Section 18-44 by
adding thereto subsection (h) which
provides for judicial review of actions
taken by the Iowa City Human Rights
Commission pursuant to Chapter 18 of the
Code of Ordinances of the City of Iowa
City, Iowa.
SECTION•II. AMENDMENT. Section 18-44 is
hereby repealed and substituted in its
place is the new Section 18-44, which
includes new subsection (h):
Sec. 18-44. Judicial review; enforce-
exnt.
(a) The commission may obtain an
order of court for the enforcement of
commission orders in a proceeding as
provided in this section. Such an
enforcement proceeding shall be brought
in the district court of the county.
(b) Such an enforcement proceeding
shall be -initiated by the filing of a
petition in such court and the service
of a copy thereof upon the person
charged. Thereupon the commission
shall file with the court a transcript
of the record of the hearing before it.
The court has the power to grant such
temporary relief or restraining order
as it deems just and properly, and to
make and enter upon the pleadings,
testimony, and proceeding set forth in
such transcript an order enforcing,
modifying, and enforcing as so modi-
fied or setting aside the order of the
conn{ssion, in whole or in part.
(c) An objection that has not been
urged before the commission shall not
be considered by the court in an
enforcement proceedings, unless the
failure or neglect to urge such
objection shall be excused because of
extraordinary circumstances.
M
Ordinance No. 85-3232
Page 2
(d) Any party to the enforcement
proceeding may move the court to remit
the case to the commission in the
interest of justice for the purpose of
adducing additional specified and
material evidence and seeking findings
thereof, providing such parties shall
show reasonable grounds for the failure
to adduce such evidence before the
commission.
(e) The commission's copy of the
testimony shall be available to all
parties for examination at all reason-
able times, without cost, and for the
purpose of judicial review of the
commission's orders.
(f) The commission may appear in
court by the city attorney or his/her
designee.
(g) If no proceeding to obtain
judicial review is instituted within
thirty (30) days from the service of an
order of the commission, the commission
may obtain an order of the court for
the enforcement of such order upon
showing that the person charged is
subject to the jurisdiction of the
commission and resides or transacts
business within the county.
(h) Judicial review of the actions
of the commission may be sought in
accordance with the terms of the Iowa
Administrative Procedure Act. Notwith-
standing the terms of said Act,
petition for judicial review may be
filed in the District Court in which an
enforcement proceeding under subsec-
tions (a) and (b) may be brought. For
purposes of the time limit for filing a
petition for judicial review under the
Iowa Administrative Procedure Act, the
issuance of a final decision of the
commission under this Chapter occurs an
the date notice of the decision is
mailed by certified mail, to the
parties. Notwithstanding the time
limit provided in Section 17A.19,
subsection 3 of said Act, a petition
for judicial review of no probable
cause decisions and other final agency
actions which are not of general
applicability must be filed within
thirty days of the issuance of the
final agency action.
�6d
H
Ordinance No. 85-3232
Page 3
SECTION III. REPEALER: All ordinances
and parts of ordinances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY: If any
section, provision or part of the Ordi-
nance 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 V. EFFECTIVE• DATE: This Ordi-
nance shall e in effect a ter its final
passage, approval and publication as
required by law.
Passed and approved this 9th day of
April, 1985. ,f
MAYO
ATTEST: AA
CITY CLERK
Realvad 8 Appmved
By The 1egn1 Depiluxu t
3 ZS 8S
GGe
It was moved by Erdabl and seconded by Strait
that the r finance as reada and
and upon ro ca ere
were:
AYES: NAYS: ABSENT:
X AMBRISCO
R BAKER
X DICKSON
X ERDAHL
X MCDONALD
X STRAIT
X ZUBER
First consideration
Vote for passage:
Second consideration X=
Vote for passage
Date published April 17, 1985
Moved by Erdahl, seconded by Strait, 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 and second
consideration and vote be waived and the ordinance be voted upon for final
passage at this time. Ayes: Dickson, Erdahl, McDonald, Strait, Zuber,
Ambrisco, Baker; Nays: None; Absent: None
4o
PETITION
To the City Council of the City of Iowa City, Iowa:
There is submitted herewith electric and gas
franchise ordinances which we respectfully ask be
passed and approved. The existing franchise
ordinances terminated October 8, 1984. We request
consideration be given to the attached ordinances
at your early convenience.
Dated this 14th day of February 1985.
Respectfully submitted,
IOWA -ILLINOIS GAS AND ELECTRIC COMPANY
By
President
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 TWENTY-FIVE 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 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 twenty-five years from and after the effective date of this
ordinance, and to furnish and sell electric energy to said city
and its inhabitants.
The City Council or the Company may during the first thirty
days of the eleventh and twenty-first years of the franchise,
review the franchise, and if deemed desirable by a simple
majority of the City Council or the Company, renegotiate and
441
amend the franchise and submit the amended franchise to the
voters.
Section 2. The rights and privileges hereby granted are
subject to the restrictions and limitations of Chapter 364 of the
Code of Iowa 1983, the Municipal Code of Iowa City and Iowa City
ordinances, all as amended, as well as any other applicable
statute or regulation promulgated by administrative agencies
under federal or state law, and this franchise shall not be
exclusive.
Section 3. The Company shall have the right to erect all
necessary posts or poles and to place thereon the necessary
wires, fixtures and accessories for the distribution of electric
energy in and through said city, but all said posts and poles
shall be so placed as not to interfere with the construction of
any water pipes, drain or sewer, or the flow of water therefrom,
which have been or may hereafter be located by authority of said
city. The posts or poles and the wires attached to or placed
upon them shall comply with the National Electrical Safety Code
and the regulations of the Iowa State Commerce Commission
regarding construction and clearance requirements. The Company
is authorized and empowered to cut and trim in a careful and
prudent manner, at its expense, any trees extending into any
street, alley, or public ground so as to prevent limbs or
branches from interfering with the wires of the Company. The
2.
4741
i
9
obligation of the Company, however, shall not extend beyond
trimming trees sufficiently to clear the electric wires.
Section 4. In making excavations in any streets, avenues,
alleys and public places for the erection of poles.and wires or
other appliances, the Company shall not unnecessarily obstruct
the use of the streets, and shall replace the surface, restoring
the original condition as nearly as practicable.
Section S. The Company, its successors and assigns, shall
hold said city free and harmless from all damages arising on
account of any negligence of said Company, its successors and
assigns, in the erection, operation and maintenance of said
system.
Section 6. The Company, its successors and assigns, shall
extend its lines and wires in accordance with rules and
regulations approved by the Iowa State Commerce Commission.
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. The
energy furnished shall be of reasonably uniform voltage
throughout the city and at all times up to the standard for
efficient operation of lights, motors and appliances. The
service shall be continuous twenty-four hour service, seven days
a week, unless the Company is prevented from doing so by fire,
3.
GG/
i
storm, acts of God, unavoidable accidents or casualties, and in
such event service shall be resumed as quickly as is reasonably
possible.
Section S. 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.
Section 9. All proper and necessary police regulations shall
be adopted and enforced by the city of Iowa City for the
protection of the poles, posts, wires, lamps and other apparatus
of the Company, its successors and assigns.
Section 10. This franchise shall apply to, inure 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 approval of the City Council by resolution, which approval
shall not be unreasonably withheld.
Section 11. 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. The Company must
establish the necessity for each taking of private property and,
when so established, the City Council may approve the
condemnation of the private property by resolution.
4.
GOW
I
Section 12. The Company shall, at its cost and expense,
locate and relocate its facilities in, on, over or under any
public street in the city in such manner as the city may require
for the purpose of facilitating the alteration or change of the
grade or location of any street; provided, however, if relocation
funds are available from any other source, the city shall take
appropriate action to seek reimbursement for and on behalf of the
Company; and, provided further, the Company shall not be required
to relocate any electric facilities more than once for each city
project.
Section 13. This ordinance and the rights and privileges
herein granted shall not become effective or binding until this
ordinance shall have been submitted to and approved by a majority
of the electors of said city of Iowa City voting at the next
general or municipal election or at a special election called for
that purpose. The cost and expense of the election relating to
the franchise provided for herein shall be paid by the Company.
Section 14. The Company, its successors and assigns, within
30 days after the approval of this ordinance by a vote of the
people, shall file in the office of the clerk of the city of Iowa
City its acceptance in writing of all the terms and provisions of
this ordinance.
5.
GG/
s
0
Section 15. Upon the effective date of this ordinance, all
ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 16. If any of the provisions of this franchise
ordinance are held to be illegal or void, the lawful provisions,
which are separable from said unlawful provisions, shall be and
remain in full force and effect.
Section 17. This ordinance shall become effective upon
passage by the City Council, the approval of the voters as
provided in Section 13 hereof, and the acceptance by the Company
as provided in Section 14 hereof.
PASSED AND APPROVED this day of 19_
ATTEST:
City Clerk
CITY OF IOWA CITY, IOWA
By
Mayor
Fid
(l+?4 k*d R Apprpya¢
fly Tf;: HI Ga anmunt
G�O/
PETITION
To the City Council of the City of Iowa City, Iowa:
There is submitted herewith electric and gas
franchise ordinances which we respectfully ask be
passed and approved. The existing franchise
ordinances terminated October 8, 1984. We request
consideration be given to the attached ordinances
at your early convenience.
Dated this 14th day of February 1985.
Respectfully submitted,
IOWA -ILLINOIS OAS AND ELECTRIC COMPANY
8y
Press ent
G41
I
ORDINANCE NO.
AN ORDINANCE GRANTING TO IOWA -ILLINOIS
GAS AND ELECTRIC COMPANY, ITS SUCCESSORS
AND ASSIGNS, FOR A PERIOD OF TWENTY-FIVE
YEARS THE RIGHT AND FRANCHISE TO
ACQUIRE, 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 FOR PUBLIC
AND PRIVATE USE IN THE CITY OF IOWA CITY AND
ELSEWHERE AND 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.
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 to its successors and assigns for a period of 25 years from
and after the effective date of this ordinance the right and
franchise to acquire, 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,
for public and private use in the city of Iowa City and elsewhere
�w
and to use the streets, avenues, alleys and public grounds and
oridges 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.
The City Council or the Company may, during the first thirty
days of the eleventh and twenty-first years of the franchise,
review the franchise, and if deemed desirable by a simple
majority of the City Council or Company, renegotiate and amend
the franchise and submit the amended franchise to the voters.
.Section 2. The rights and privileges hereby granted are
subject to the restrictions and limitations of Chapter 364 of the
CodIowa 1983, the Municipal Code of Iowa City and Iowa City
ordinances, all as amended, as well as any other applicable
statute or regulation promulgated by administrative agencies
under federal or state law, and this franchise shall not be
exclusive.
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
provided that the same shall be so located and maintained as to
make no unnecessary obstruction of any drains or sewers, either
public or private, or the flow of water therefrom.
2.
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 not unnecessarily
obstruct the use of the streets, and shall replace the surface,
restoring the original condition as nearly as practicable; and in
laying, repairing and replacing mains and pipes, the Company
shall conform to all reasonable regulations prescribed by the
city to prevent injury to the pavement, streets, alleys, and
public places.
Section S. The Company, its successors and assigns, shall
hold said city free and harmless from all damages arising on
account of any negligence of the Company, its successors and
assigns, in the construction, operation and maintenance of said
system.
Section 6. The Company, its successors and assigns, shall
extend its mains and pipes in accordance with rules and
regulations approved by the Iowa State Commerce Commission.
Section 7. The Company and its successors and assigns as
long as it shall operate under the terms of this franchise shall
furnish such quantities of gas of good quality as the city and
the inhabitants thereof may reasonably demand; provided, however,
that such undertaking and agreement shall be subject to such
limitations on the use of gas for large -volume commercial or
industrial applications, or for space heating as may be provided
3.
W
i
by reasonable rules and regulations placed into effect by the
Company during any temporary shortage in or permanent diminution
of the supply of natural gas with which the Company serves the
city of Iowa City and the inhabitants thereof.
Section S. The Company is authorized to impose reasonable
terms and conditions upon the furnishing of gas service and
reasonable rules and regulations in operation and conduct of its
business.
Section 9. All proper and necessary police regulations shall
be adopted and enforced by the city of Iowa City, for the
protection of the pipes, mains, conduits, meters and other
apparatus of the Company, its successors and assigns.
Section 10. This franchise shall apply to, inure 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 approval of the City Council by resolution, which approval
shall not be unreasonably withheld.
Section 11. 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. The Company must establish
the necessity for each taking of private property and, when so
established, the City Council may approve the condemnation of the
private property by resolution.
4.
(6/
k
Section 12. The Company shall, at its cost and expense,
locate and relocate its facilities in, on or under any public
street in the city in such manner as the city may require for the
purpose of facilitating the alteration or change of the grade or
location of any street; provided, however, if relocation funds
are available from any other source, the city shall take
appropriate action to seek reimbursement for and on behalf of the
Company; and, provided further, the Company shall not be required
to relocate any gas facilities more than once for each city
project.
Section 13. This ordinance and the rights and privileges
herein granted shall not become effective or binding until this
ordinance shall have been submitted to and approved by a majority
of the electors of said city of Iowa City, voting at the next
general or municipal election or at a special election called for
that purpose. The cost and expense of the election relating to
the franchise provided for herein shall be paid by the Company.
Section 14. The Company, its successors and assigns, within
30 days after the approval of this ordinance by a vote of the
people at the next general or municipal election or at a special
election called for that purpose, shall file in the office of the
clerk of the city of Iowa City its acceptance in writing of all
the terms and provisions of this ordinance.
S.
Section 15. If any of the provisions of this franchise
ordinance are illegal or void, the lawful provisions, which are
separable from said unlawful provisions, shall be and remain in
I
t full force and effect.
Section 16. Upon the effective date of this ordinance, all
I ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 17. This ordinance shall become effective upon
passage by the City Council, the approval of the voters as
provided in Section 13 hereof, and the acceptance by the Company
as provided in Section 14 hereof.
PASSED AND APPROVED this day of 19—
E
i
CITY OF IOWA CITY, IOWA
BY
Mayor
ATTEST:
City Clerk
I
i
I
I
Received & Approved i
By,Tis, , Legal Department
i 6.
I
I