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HomeMy WebLinkAbout1985-05-21 OrdinanceFhb ORDINANCE NO. _ ORDINANCE TO REPEAL ORDINANCE 84-3184 ES- TABLISHING THE PLANNED DEVELOPMENT HOUSING PLAN F TTYRSRUN UBDIVISION, ARTS 2AND 3,IOWACI,IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. Hunters Run Develop- ment anpany, owner of Hunters Run Pa Subdivision, rts 2 and 3, has requested repeal of the PHO plan approved by Ordinance No. 84-3184 in order to develop a single-family subdivision at that location. All agreements regarding the dedication of parkland are to remain in force. SECTION II. REPEAL. The final POH plan a unters un Subdivision, Parts 2 and 3, approved by Ordinance 84-3184, and legally described in Attachment A, is hereby repealed. Notwithstanding this repeal, the parkland dedication agreement which was part of said POH Plan shall be and remain in full force and effect. SECTION III. SEVERABILITY. If any sec on, pr, s an or par 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 IV. EFFECTIVE DATE. This Ordi- nance s a e n e ect a ter its final passage, approval and publication as required by law. Passed and approved thiig�_ day of MAYOR ATTEST: CITY CLERK Received 8 ;SPP;ov�.Y By The Iegri ,roarRnenf 96/ ATTACHMENT A The legal description for Part Two Hunters Run Subdivision, Iowa City, Johnson County, Iowa, is as follows: Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West or the 5th. Principal Meridian; Thence NO04614611E, 1,150.38 feet to the Center- line of Rohret Road, in accordance with the Final Plat of Hunters Run Subdivision, Part One, recorded in Plat Book 22, Page 53, of the Records of the Johnson County Recorder's Office; Thence N0055112"E, 223.00 feet; Thence S89004'48"E, 108.00 feet; Thence S0055'1211W, 190.37 feet'to a point on said Centerline of Rohret Road; Thence N74006128"E, 329.64 feet along said Centerline; Thence Northeasterly 161.61 feet along said Centerline on a 955.00 foot radius curve, concave Southeasterly, whose 161.42 foot chord bears N78057121"E; Thence NO05711011E, 228.55 feet to the Point of Beginning of Part Two of Hunters Run Subdivision; Thence N27°03'36"W, 61.43 feet; Thence N4600115011W, 715.58 Ceet; Thence N39042135"E, 124.50 feet; Thence Northwesterly 208.81 feet along a 307.00 foot radius curve, concave Southwesterly, whose 204.81 foot chord bears N69046132"W; Thence N89015'39"W, 41.92 feet; Thence N0044121"E, 201.00 feet; Thence S89015139"E, 287.01 feet to a point on the Southwesterly Right-oC-Way line of Highway 218/518; Thence S46001150"E, 879.58 feet along said Southwesterly Right -of -Nay line to a point on the East line of the West twenty-five (25) acres of the Northwest Quarter of the Southeast Quarter (NWf. SEI) of said Section 18; Thence SO05711811W, 529.90 feet along said East line to a point on the Centerline of said Rohret Road; Thence N8900813211W, 102.72 feet along said Centerline; Thence Northwesterly 5.28 feet along said Centerline on a 955.00 foot radius curve, concave Southwesterly, whose 5.28 foot chord bears N89018103"W; Thence N0057'18"E, 223.01 feet; Thence N90000100"W, 112.00 feet to the Point of Beginning. Said tract of land contains 9.24 acres more or less and is subject to easements and restrictions of record. The legal description for Part Three hunters Run Subdiviaiun,Iowa City, Johnson County, Iowa, is as follows: Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West or the 5th. Principal Meridian; Thence N0046'46"E, 1,150.38 feet to the Center- line of Rohret Road,in accordance with the Final Plat of Hunters Run Subdivision, Part One, recorded in Plat Book 22, Page 53, of the Records of the Johnson County Recorder's Office; Thence NO65511211E, 223.00 feet to the Point or Feginning or Part Three of Hunters Run Sub- division; Thence N46001'50"W, 139.47 feet; Thence N12016'50"W, 146.95 feet; Thence N79046'50"W, 139.73 feet; Thence N46001'50"W, 121.19 feet; Thence N6000150"W, 213.04 feet; Thence South- westerly 26.52 feet along a 225.00 foot radius curve,concave Northwesterly, whose 26.50 foot chord bears S87021145"W; Thence N89015'39"W, 20.33 feet; Thence N0044'21"E, 185.o0 feet; Thence S89°15'39"E, 10.00 feet; Thence NO04412111E, 201.o0 feet; Thence S89015139"E, 298.08 feet;Thence SO°44'21"W, 66.00 feet; Thence S89°15'39"E, 41.92 feet; Thence Southeasterly 208.81 feet along a 307.00 foot radius curve, concave Southwesterly, whose 204.a1 foot chord bears S69046132"E; Thence S3904213511W, 124.50 feet; Thence S46001'50"E, 715.58 feet; Thence S27003'36"E, 61.43 feet; Thence S0057'18"W, 228.55 feet to a point on the Centerline of Rohret Road; Thence South- westerly 161.61 feet along said Centerline on a 955.00 foot radius curve, concave Southeaster- ly, whose 161.42 root chord bears S78057121"W; T'ience S74006128"W, 329.64 reet along said Centerline; Thence N0055'12"E, 190.37 feet; Thence N89004'48"W, 108.00 feet to the Point of Beginning. Said tract of land contains 14.37 acres more or less and is subject to easements and restrictions of record. - 96/ ORDINANCE NO. ORDINANCE TO CHANGE THE NAME OF HIGHLANDER DRIVE TO NORTHGATE DRIVE. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That the name of the public street Highlander Drive, dedicated to the City of Iowa City with the subdivision of the Highlander Development, First Addi- tion, be changed to Northgate Drive. SECTION II. 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 of this ordinance as provided by law. 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 sec ion, 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 a in effect after its final passage, approval and publication as required by law. Passed and approved this 21st day of May, 1985. MAYOR ATTEST: CITY CLERK Received d Approved Ey The Legd Deparhmni VIA 96s- mx- ORDINANCE NO. G ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16 IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. FROM RM -12 TO RS -8. 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 RM -12 to RS -8, and the boundaries of the RS -8 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include: The property bounded on the north and west by University Heights, on the east by the property known as Melrose Lake Apartments and on the south by the Tower Addition to Iowa City, such property being more particularly described as follows: The southwest quarter of the northeast quarter of the northwest quarter of Section 16, in Township 79 North, Range 6 West of the 5th P.M., except the following: Commencing at the NE corner of the SW 1/4 of the NE 1/4 of the NW 1/4 of Section 16, Township 79 North, Range 6 West of the 5th P.M., thence west along the north line of said SW 1/4 of NE 1/4 of NW 1/4, 200 feet, thence southerly along the east line of an extension of Olive Court 170 feet, thence easterly at right angles with said east line of Olive Court 200 feet to a point on the east line of said SW 1/4 of NE 1/4 of NW 1/4, said point being 164 feet south of the NE corner thereof, thence north 164 feet to the place of beginning. SECTION II. The Building Inspector is hereby authorized 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 9w z of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and pars of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the 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 shail De in of ect after its final passage, approval and publication as required by law. Passed and approved this ATTEST: CIT C ERK n Rstaf"iad A Approved c"701 CeP rtmenf 9lq ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE BY CHAN6IN6 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 QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16 IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., FROM RM -12 TO RS -8. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described beo—is hereby reclassified from its present classification of RM -12 to RS -8, and the boundaries of the RS -8 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian; thence N 87045'39" W, along the centerline of Melrose Avenue, 656.58 feet; thence S 01057143" E, along the West line of the East half (1/2) of the Northwest Quarter (1/4) of the Northeast Quarter (1/4) of the Northwest Quarter (1/4), of said Section 16, 662.71 feet to the Point of Beginning; thence S 88018'5B" E, 606.83 feet to the Soutnwesterly right-of-way line of the Chicago, Rock Island & Pacific Railroad; thence S 44055'48" E, along said railroad right-of-way line, 314.93 feet; thence S 50051'00" W, 221.97 feet to the Northeast corner of Lot 5, Lakewood Addition, an addition to the City of Iowa City, Iowa; thence N 86026'00" W, 141.30 feet; thence S 51036'00" W, along the Northerly line of said Lakewood Addition; 75.00 feet; thence N 66016'00" W, 71.00 feet; thence S 53012'00" 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- west corner of Lot 1 of said Lakewood Addition; thence N 87026'00" W, 32.01 feet; thence N 01057'43" W, 657.66 feet to the Point of Beginning. SECTION II. The Building Inspector is ereFi y -authorized 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 authored 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. SECTION IV. REPEALER. All ordinances and parts of or inances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the 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 a in effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLERK RecOved i !Approved dy 11 p,,,Legal De o nt I�d� It was moved by and seconded by , that the Ordinance as ree a adopted and upon ro ca ere were: AYES: NAYS: ABSENT: _ AMBRISCO _ BAKER DICKSON EROAHL _ MCDONALD _ STRAIT ZUBER First consideration 3/12/85 Vote for passage: Ayes. Strait, Ambrisco, Baker, Dickson, Erdahl, McDonald. Nays: Zuber. Absent: None. Second consideration 4/9/85 Vote for passage Ayes: Strait, Ambrisco, Baker, Dickson, Erdahl, McDonald. Nays: Zuber. Absent: None. Date published ORDINANCE NO. 85-3236 AN ORDINANCE AMENDING SECTION 23-161 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. PURPOSE. The purpose of this amendment is to make the language of the City traffic regulation regarding stopping and yielding right-of-way at a stop intersection consistent with the language of 5321.322, Code of Iowa. SECTION 1I. AMENDMENT. Section 23-161 of e o e OT urumailcez is hereby repealed and substituted in its place is the following new Section 23-161: Sec. Z3-161. Operator's responsibility to stop and yield at -stop intersection. The driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at the first opportu- nity at either the clearly marked stop line or before entering the crosswalk or before entering the intersection or at the point.nearest the intersecting roadway e the driver has a view of approaching gtraffic on the intersecting roadway before entering the intersec- t1on. Before proceeding, the driver shall yield the right-of-way to any vehicle on the intersecting roadway which has entered the intersection or which is approaching so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. SECTION III. REPEALER: All ordinances an par s o 0r tnances 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 to e invalid or unconstitutional, such�adjudiadjudication not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Ordinance No. 85-3236 Page 2 SECTION V. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final i passage, approval and publication as required by law. i Passed andap roved this 21st day of May, 1985. �p !' „/..�,�.� a Rooehred & APPMved Ey The w9al Depammnt 4 2z-.• t. j9 %92 i A It was moved by Ambrisco and seconded by Dickson that the Or finance as reada adopted and upon ro ca ere were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 4/7/85 Vote for passage:Ayes: Baker, Dickson, McDonald, Strait, Zuber. Nays: None. Absent: Ambrisco, Erdahl. Second consideration 5/14/85 Vote for passage Ayes: is son,-rdahl, Strait, Ambrisco, Baker. Nays: None. Absent: McDonald, Zuber. Date published 5/29/85 q9'z it ORDINANCE N0. 85-3237 AN ORDINANCE AMENDING ARTICLE 11 OF CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SAID ARTICLE II AND SUBSTITUTING IN ITS PLACE A NEW ARTICLE 11 OF CHAPTER 31, WHICH INCLUDES NEW SECTION 31-38, "EXEMPTION." SECTION 1. PURPOSE. The purpose of this amendment is to exempt the City and its contractors from the provisions of Article II of Chapter 31 when performing a public function regard- ing the excavation of a public place. SECTION 2. AMENDMENT. Article 11 of Cha—p-fe-r 31 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the following new Article II of Chapter 31: ARTICLE II. EXCAVATIONS. DIVISION 1. GENERALLY Sec. 31-21. Short Title. This article shall be known as the "Street Excavation Ordinance of the City of Iowa City, Iowa." Sec. 31-22. Definitions. For the purposes of this Article, the following words shall have the meaning �iven. a) "City" shall mean the City of Iowa City. (b) "Director" shall mean the City Manager of the City or his/her authorized representative. (c) "Excavation" shall mean any opening in the surface of a public place made by any means. (d) "Person" shall mean any person, firm, partnership, association, corpora- tion, company or orgr.nization of any kind. (e) 'Public Place: shall mean any public street, way, place, alley, sidewalk, park, square, plaza, any City -owned right-of-way or any other public property owned or controlled by the City of Iowa City and dedicated to public use. (f) "Specifications" shall mean the latest edition of Standard Specifica- tions for Highway and Bridge Con- struction, Iowa Department of Transportation, Ames, Iowa. 2 Ordinance No. SS -3237 Page 2 (g) "Substructure" shall mean any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or wire or any other similar structure located below the surface of any public place. (h) "Utility" shall mean any public utility regulated by the Iowa Commerce Commission, persons holding a franchise from the City, and other similar persons. Sec. 31-23. Performance Deposits. Performance deposits are required for any excavation in a public place. Deposits required under this section shall be a cash security. (a) Purpose of Deposits: All special or annual deposits shall serve as security for the performance of work necessary to put the public place in as good a condition as it was prior to the excavation if the permittee fails to complete the work under the excavation permit. (b) Special Deposits: The application for an excavation permit shall be accompanied by a deposit, made in accordance with a rate schedule adopted by City Council resolution. (c) Annual Deposits: In lieu of individual special depos- its, any person intending to make excavations in public places shall maintain, with the City Treasurer, an annual deposit in accordance with a rate schedule adopted by City Council resolution. (d) Refund of Special Deposits: Upon approval by the Director of the work covered by the permit, two-thirds of the special deposit shall be promptly refunded to the permittee, and the balance shall be released to the permittee one (1) year later. (e) Refund or Reduction of Annual Depos- its: Upon request, two-thirds of any annual deposit shall be refunded at the end of the one-year period for which the deposit is made. The balance of the annual deposit shall be released one year later. If nc refund request is received, the 993 Ordinance No. 85-3237 Page 3 deposit shall be carried over for use as all or part of the annual deposit the following year. (f) Use of Deposits: Deposits shall be used to pay the cost of any work the City performs to restore or maintain the public places in the event the permittee fails to perform the work as required in this f chapter. The amount released to the permittee shall be reduced by the amount expended. Work done by the City shall be at uniform fees based on labor, material, and overhead expense. Notwithstanding the forego- ing, if the deposit is not sufficient to cover the cost of work by the City, the permittee shall be person- ally liable for the balance of such costs. Sec. 31-24. Traffic Control. (a) No permittee shall interrupt access to and from private property, block emergency vehicles, block access to fire hydrants, fire stations, fire escapes, water -valves, underground vaults, valve housing structures, or any other vital equipment as desig- nated by the Director. If a street closing is required, the applicant will request the assistance and the approval of the Director. It shall be the responsibility of the permittee to notify and coordinate all excavations with the Police, Fire, and Transit Departments, and Johnson County Ambulance Service. (b) The permittee shall take appropriate measures to assure that traffic con- ditions as near normal as possible are maintained at all times. (c) Type I and Type II barricades, as defined in Part VI of the Manual of Uniform Traffic Control Devices, must be used whenever it is necessary to close a traffic lane or a sidewalk. Barricades are to be supplied by the permittee. If used at night, they must be reflectorized, and must be illuminated or have barricade warning lights. (d) As a general guide for all mainte- nance and construction signing, Part VI of the Manual on Uniform Traffic 993 Ordinance No. 85-3237 Page 4 Control Devices shall be used. The permittee shall illustrate on the excavation permit the warning and control devices proposed for use. At the request of the Director, such warning and control devices shall be increased, decreased or modified. (e) Oil flares or kerosene lanterns are not allowed as a means of illumina- tion. Sec. 31-25. Protection of Paved Surfaces from Equipment Damage. Backhoe equipment outriggers shall be fitted with rubber pads whenever outrig- gers are placed on any paved surface. Tracked vehicles are not permitted on paved surfaces unless specific precautions are taken to protect the surface. The permittee will be responsible for any damage to existing pavement caused by operation of such equipment and, upon order of the Director, shall repair such surfaces damaged by excavation equipment. Failure to do so will result in use of the performance deposit to repair any damage. Sec. 31-26. Protection of Adjoining Property. The permittee under division 2 of this article shall protect from injury any adjoining property by providing adequate support and taking other necessary measures. The permittee shall, at his own expense, shore up and protect all build- ings, walls, fences or other property likely to be damaged during the excavation work, and shall be responsible for all damage to public or private property or highways, resulting form failure to properly protect and carry -out excavation work. Failure to follow the provisions of this section will result in the use of the performance deposit to repair damage. Sec. 31-27. Relocation and Protection of Utilities. (a) The permittee under division 2 of this article shall notify the owners of all facilities in the excavation area at least one (1) day prior to excavating except as provided in Section 31-35. The cost of moving facilities shall be paid by the permittee. Ordinance No. SS -3237 Page 5 (b) The permittee shall support and protect all pipes, conduits, poles, wires or other apparatus which may be affected by the excavation work. The permittee shall determine the existence of all underground facili- ties within the excavation area by exposing prior to machine digging and protect the substructures against damage. Sec. 31-28. Backfilling of Excavation under or within two feet of Paved Sur- faces. The trenches of all substructures that tie under paved surfaces and traveled ways or within two (2) feet of paved surfaces shall be backfilled with excavated material to required grade in layers not to exceed six inches (6"), and each layer shall be compacted to 90% of modified proctor density. Granular backfill meeting City specifications may also be placed by any procedure which results in 90% compaction. Sec. 31-29. Backfilling of Unpaved Areas and Parkways. (a) Excavated soil shall be carefully de - unsited and saed in iform layers t notactorilgreater tthann six inches (6") in thickness until the backfill reaches the top of the substructure. The remainder of the trench shall be backfilled in uniform layers not exceeding twenty-four inches (24") in thickness, and satisfactorily tamped to within one foot of the surface. The backfilling operation shall continue with soil until the backfill remains slightly above by the ground level. Excess material'shall be disposed of. (b) Granular backfill meeting City speci- fications may also be used; however, soil shall be used for the final twelve inches (12") of backfill. Sec. 31-30. Repair of Surface. (a) The Director may specify the type of resurfacing required for any excava- tion; however, in the absence of specific direction from the Director, the following specifications shall be used for resurfacing of an excava- tion: 993 Ordinance No. 85-3237 Page 6 (1) High type asphalt streets. The Pavement shall be neatly sawn one foot (1') back from each side of the excavation and removed to a depth necessary to reach undisturbed subbase or soil. A concrete patch equal to the thickness of the existing pavement, but in no case less than six inches (6") thick, shall be placed in the excava- tion and brought up to a point two inches (2") below the final surface. The permittee will complete the excavation with two inches (2") of asphalt. The concrete patch used in excava- tion work shall be an M4 mix and the patch shall be placed according to all applicable sections of the Specifications. ib (2) Concrete streets. The pavement shall be neatly sawn and removed one foot (1') back from each side of the excavation to a depth necessary to reach undisturbed subbase soil. If a construction or expansion joint is within five feet (5') of the edge of the patch, the surface shall be removed back to this joint. A concrete patch equal to the thickness of the existing pavement but 1n no case less than six inches (6") thick shall be placed using a M4 mix and the patch shall be placed and cured according to all applicable specifications. (3) Brick streets. Excavations in brick streets shall be repaired using the original brick or other brick suitable for a traveled surface. A minimum seven inch (7") concrete base shall be poured using a M4 mix. Above this, a sand -cement cushion one inch (10) thick shall be adjusted so that when the bricks are paved and rolled, the top surface of the bricks will be at the required finished grade. The joints between the bricks shall be hand tight and 993 Ordinance No. 85=3237 Page 7 993 shall be no greater than one-fourth inch (1/4"). A dry mixture of one part Portland cement and three parts sand shall be spread over the top of the patch until the joints are completely filled. The surface then shall be fogged lightly with water. (4) Low type streets, When a street consists of a seal coat, dust seal or other thin, low type surface, an asphalt patch at least o inches (2") thick tw shall be placed. The asphalt shall be rolled with a rubber tired vehicle until a dense, tight surface is obtained. (5) Sidewalks, driveways, curbs and gutter, other structures. Whenever an excavation cuts a sidewalk, driveway, curb and gutter or other structure, the . excavation shall be backfilled as described in Section II. A neat saw cut shall be made one foot (1') back from each side of the excavation to undisturbed r, soil; however, on sidewalk, the pavement shall be removed back to the nearest contraction or expansion joint. All broken or spalled concrete or structure material shall be removed and the surface shall be replaced using an M4 mix and the patch shall be placed and cured according to all applicable specifications. (6) Parkways and other unpaved areas. The surface of culti- vated grass areas shall be seeded. It is the responsibil- ity of the permittee to estab- lish a good stand of grass. The area shall be left •free from debris and clods. On steep embankments or upon request of the Director, sod or other erosion control techniques shall be used for restoration. (7) Saw cuts. All saw cuts are to be made to a depth of two inches (2") or deeper. The remainder 993 Ordinance No. 85-3237 Page 8 of the slab shall be broken off below that point in a vertical plane. Saw cuts shall form a rectangle around the excava- tion. (b) Boring or other methods to prevent cutting of pavement will be required ! upon request of the Director. Sec. 31-31. Time of Completion. All excavation work and backfilling covered by the permit issued under Division 2 of this article shall be completed in a prompt manner as determined by the Director. After completion of the excavation and backfill work, restoration of the surface shall be completed within fourteen (14) days unless a time extension is granted by the Director. Sec. 31-32. Noise, Oust and Debris. Each permittee under Division 2 of this article shall conduct excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the excavation work, the permittee shall take appropriate measures to reduce noise, dust and unsightly debris. No work shall be done between the hours of 10:00 P.M. and 6:00 A.M., except with the express written permission of the Director, or in case of an emergency. Sec. 31-33. Inspection. Random inspections may be made of proce- dures described in this Ordinance and the permittee under Division 2 of this article shall correct his procedure if so ordered by the Director. Failure to do so will result in use of the performance deposit to correct or complete work. Sec. 31-34. Clean -Up. As the excavation work progresses, all public rights-of-way and private proper- ties shalt be thoroughly cleaned of all rubbish, excess earth, rock and other debris. All clean-up operations shall be done at the expense of the permittee under Division 2 of this article. If the permittee fails to clean-up within twenty-four (24) hours after notice, the Director shall authorize the work done. Such work shall be paid for with the performance deposit. q93 Ordinance No. 85-3237 Page 9 Sec. 31-35. Trenches in Pipe Laying. Except by special permission from the Director, no trench shall be excavated more than 300 feet in advance of pipe laying nor left unfilled more than 100 feet where pipe has been laid. Sec. 31-36. Emergency Excavation. Nothing in this Ordinance shall be construed to prevent excavations that may be necessary for the immediate preserva- tion of life or property. The person making excavation shall apply to the Director for a permit on the first working day after such work is commenced. Sec. 31-37. Preservation of Monuments. The permittee shall not disturb any surface monuments or hubs found on the line of excavation work unless approval is obtained from the Director. . Sec. 31-38. Exemption. In performing a public function regard- ing the excavation of a public place, the City, its Departments, Divisions, employ- ees and contractors shall be exempt from the provisions of this Article. DIVISION 2. PERMIT. Sec. 31-45. Required; exception. All persons making or filling any exca- vation in any public place shall, except as provided in Section 31-36, first obtain a permit from the Director. Permits shall be obtained at least the day prior to making an excavation. No excavation permit hereunder is required for substruc- ture installation in a new subdivision prior to acceptance of the street improve- ments by the City. Sec. 31-46. Application. No excavation permit shall be issued unless a written application is submitted to the Director on a form provided by the City. The application, when approved, shall constitute a permit. Sec. 31-47. Certificate of Insurance. Before an excavation permit is issued, the applicant shall deposit with the City a certificate of public liability insur- ance in such amounts as may be determined by the City Council from time to time by resolution. The certificate of insurance shall list the City of Iowa City, Iowa, and its officers, employees and agents, as additional named insureds. 993 Ordinance No. 85-3237 Page 10 SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SAVINGS CLAUSE. If any sec ion, provis on or yo -C-77 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 anysection, provision or part thereof not, adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordi- nance s a a in a M after its final passage, approval and publication as required by law. Passed a d approved this 21st day of May, 1985. MAYOR ?0u f2 tJ�✓ 27 O ATTES It CITY CLERK g:ulvOd a Approved gy ho Leal Depae 99'J It was moved by Ambrisco and seconded by Dickson that the -ordinance as reada adopted and upon ro ca ere were: AYES: NAYS: ABSENT: X AMBRISCO — BAKER X DICKSON ERDANL X _ — MCDONALD X STRAIT ZUBER First consideration 4/7185 Vote for passage: Ayes: Dickson, D1cDonald, Strait, Zuber, Baker. Nays: None. Absent: Ambrisco, Erdahl. Second consideration 5/14/85 Vote for passage Ayes: Erdahl, Strait, Ambrisco, Baker, Dickson. Nays: None. Absent: McDonald, Zuber. Date published 5/29/85 993