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Home My WebLink About1976-05-04 CorrespondenceWILL J. HAYEK JOHN yW. HAYEK C. PETER HAYEK 0 HAYEK. HAYEK & HAYEK ATTORNEYS AT LAW 110 EAST WASHINGTON STREET IOWA CITY. IOWA 52240 April 29, 1976 0 L E iri 12 91976 AREA OOOE 019 337-9606 U� The Honorable 1Vlayor and ABBIE STOLFJZS CITY CLERK City Council of Iowa City Civic Center 52240 Iowa City, Iowa Re: 1976 General Obligation Bond Authorization Mayor and Council Members: requested an opinion from At your last City Council meeting you certain questions in connection wit��ct to the con - my office con76 cerning ram, specifically with resp Specifically general obligation bond prop struction of improvements in the downtown Iowa City area. P the questions involved whether or not bonds issued to finance the e/ ed to referendum and secondly a question struction of certai n of the amenities in connection with the Dfrom ropriate time to vote to delete items o College Mall would be subject arose as to the app r projects the program. general obligation bonds to include, among Section 384.24 of the 1975 Code of Iowa as amended defines g and repairing of any "essential corporate Purpose" reconstruction, and repair of traffic other things. "the construction, installation, rovements; the acquisition. connections, street imp the installation of street lighting Section 384. 37(4) control devices; and facilities. ... the construction ofnsidewalks. publicly owned right of way defines "street" to include "a plaza. „ Section 384. 3 or air7o daefines roits of or easemestreet nt within th11 ea L includeththelconstrand street 1 ghting fixtures, "Street improvement tittering. by grading. paving, curbing, g' " connections and facilities. With the above provisions and definitions inti, c Iain exceptions ptions t seems to s that the Dubuquc/Collcge Street Mall project, discussed below. is an essential corporate purpose and that bonds in ithout the necessity of a referen includes a fountain, tot lot, and connection therewith can be issued wum. I note, however, that this mall project ear to be within the public restroom facility. These items do not app may be considered > definition of street improvement given above. They 0 The Honorable Mayor and City Council of Iowa City - 2 - 0 April 29, 1976 as improvements made in connection with the carrying out of the urban renewal project under Chapter 403 and therefore they would be an essential corporate purpose but subject to a reverse referendum under the provisions of Section 384.24(q). In the alternative the Council could consider these items as general corporate purpose items and subject to the regular referendum provisions. What this means is that the fountain, tot lot, and restroom facilities can be built with general obligation essential corporate purpose bonds but if sufficient voters of the community petition for a referendum, a referendum would have to be held. Section 362.4 of the 1975 Code of Iowa provides that such a petition would have to be signed by 10°16 of the persons who voted in the last preceding regular City election. (This would mean approximately 850 signatures would be required). The Council also had a question about the appropriate time to vote to delete or change projects in connection with this bonding program. As I understand it, at the present time the Finance Director is recommending that the public hearing on the question of issuance of these bonds be set for .lune 8th. It would seem to me that it would be appropriate for Council members who have particular projects they wish to have deleted or altered in connection with this program to voice those objections as soon after the public hearing as possible. In fact, I think it would be preferable in terms of scheduling the subsequent proceedings in connection with these bonds to have any motions to delete aspects of the project made and voted upon on the evening of the public hearing, following the hearing. There would be no reason why a Council member could not move to delete aspects of the project prior to the June 8th hearing. I hope that this letter answers the questions that you had about this matter. I would be happy to discuss this further with the Council at your convenience. Respectfully stibmitted, -�A1, - I� o Jo in W. Hayek JWI-I:vb:1 cc: Pat Strabala Neal Berlin Ken llavnie vb 11 0 • CIVIC CEMER.4,0 E. WASHINGTON S1. COMMEOCE • IOWA CIN, IOWA 52240 o G O �j�QLUC�/ 319.3u.,OOD ..MA NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN AppOlNIMWF TO TM FOLLOWING CO MISSICN: PLANNING AND ZONING CO MISSION One vacancy ' Unexpired term ending May 1, 1978 Duties of the Planning and Zoning Commission membrsoincluris� the or causing to be made surveys, studies, maa st plans land outside which whole or any portion of the municipality in the opinion of the Commission bears relation to a comprehensive plan; also includes mens, changestand modificat onsltorthetzoning ordinance• menus, supplements, Chang Iowa City appointed members of Boards and Commissions must be qualified voters of the City of Iowa City. fp4„'r-y 1976, Council meeting This appointment will be made at the -41 at 7:30 P.M. in the Council Chambers. Persons interested in being ion should contact the City Clerk, Civic considered for this posit Center, 410 East Washington the Clerk's office upon request. COMMERCE-;'. • • CIVIC CENTER, 410 E. WA9MNGTON 5T. IOWA CITY_ IOWA 52240 319354.1900 �low� rnr. IowA•i NOTICE TLIE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APPOINTMENT TO THE FOLLOWING CGriHISSION: Johnson County Regional Planning Commission One vacancy Unexpired Term May 1, 1976 June 1, 1978 Iowa City appointed members of boards and commissions must be qualified voters of the City of Iowa City. This appointment will be made at the A' PP p 'i—�a, 1976, Council meet- ing at 7:30 P.M. in the Council Chambers. Persons interested in being considered for this position should contact the City Clerk, Civic Center, 410 East Washington. Application forms are avail- able from the Clerk's Office upon request. crviG clY LH. QD L. Wq>HMGTOH ST. n l lovm arv, IOWA!,2240 'n , /� oloauaam NC)TICE -DIE CITY COUNCIL 01: I017A CITY IS CONS IDE RI:NG APPOhMMEN1'S TO TIM FOLL9KING CU-21ISSION: IVO vacancies biay 1, 1976 I10CIsux' COMiISSTON Thrce-year Terns May 1, 1979 Duties of the Iioil:;ing Cocniission members include i.nvest.i.gatutg, studyi*: ;, rcvicwin1; aml in the housing needs and the imoct-ing of suc[. n1eds within tiro Ci of Iowa City, Irnaa, and investigating and detenn.ining if slum area- exist or other areas where there are tnsa^, tnsanitary or overcrowded Housing conditions, and studying and investigating and *rnking recommendations relating to the clearing, replanning and constand tiOa of onssof 11lowcor and providinglim dwell' ng places for elderly p Iotaa Catty :�.ppointed membars of Boards and Commissions must be qualified voters of the City of Iowa City. These appointments will be made at 7:30 P.M. in the Cotnc" Chambers. Sider& for these positions should 410 East Ivashington. Application office upon request. i the hay 4.,. 1976,_Council irceting at Persons interested in being con - contact the City Clerk, Civic Cc"",.r, forms are available from the Clerk! s Mary C. Neuhauser, Mayor City of Iowa City Civic Center 410 Fast Washington Street Iowa City, Iowa 52240 Johnson County Council on Aging 538 South Gilbert Street Iowa City, Iowa 52240 May 4, 1976 Dear Mayor Neuhaucer: On behalf of Johnson County Council on Aging, I would like to thank the City Council for consideration in funding our organization. vie appreciate the City Council's endorsement of the Council on Aging as the official agency in Iowa City to coordinate senior citizens services. Heritage Agency on Aging also requested funds to be used as matching funds for programs, e.g., Congregate Meals, Information and Referral, and legal services for the elderly, as set forth through the guidelines of the Older Americans Act. Since Heritage Agency on Aging is a funding agency and the Council on Aging is service oriented, we recommend that the City Council al?ocate funds, requested by Heritage, directly to that agency so that a precedent would not be set for the Council on Aging to act as a source for funding. According to the Older 2 funds for programs are provided through the Iowa Americans Act, . The area or regional Commission on the Aging potential Sponsors agencies have been designated as the channel through which funds are made available to shorten the distanCe between Commission on nand the funds. Area Agency funds are allocated by fund arrangement with local communities. Aging through a matching ranted. Therefore we recommend that funds requested be g Sincerely, Mary R k� Chairman Board of Directors cc: Neil Berlin, City Manager Heritage Agency on Aging Harold Donnely, Task Force ;:IR/be / BEFORE THE COUNCIL OF THE CITY OF IOWA CITY, IOWA I14 THE MATTER OF: a large male, black with) a few tan markings, German Shepard/!tuskey ) pet dog named "Hobo" owned by Ns. Annie ) NOTICE OF HEARING BEFORE Warner a/k/a Annie Quigsberry a/k/a Carol ) THE COUNCIL OF THE CITY OF Hodge, Gaslight Village, Brown Street, ) IOWA CITY, IOW:; Iowa City, Iowa, ) TO [•7S. ANNIE WARNER, a/k/a ANNIE QUIGSBERRY, a/k/a CAROL HODGE: Pursuant to 4.21.6, Municipal Code of Iowa City, Iowa, you are hereby given notice that the Council of the City of Iowa City, Iowa, has set a public hearing on the destruction of a pet dog owned by you which description is given above. A copy of 4.21.6, Municipal Code of Iowa City, Iowa, is attached to this notice for your reference. The hearing will be held before the Council of the City of Iowa City, Iowa, on Tuesday, May 4, 1976, at 7:30 P.M., in the Council Chambers at the Civic Center, 410 E. Washington St., Iowa City, Iowa. You may appear at the hearing and testify. You may also present witnesses in your behalf and cross- examine witnesses against you. Yo --i may also be represented by counsel. Please heed this notice and govern yourself accordingly. CITY OF IOWA CITY, IOWA U Liz Anatolij Kush Assistant Ci Attorney Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Phone: 319-354-1800, ext. 208 0 4.21.5-4.21.6 of this subsection, leash shall mean a rope, line, thong, or chain of sufficient strength to hold the animal in check. D. FOOD ESTABLISHMEN'1S. No pet animal shall be a1lo,oed, taken, or permitted on or in any building, store, restaurant, or tavern where food or food products are sold, prepared, or dispensed to people other than the owners thereof. This provision shall not apply to property wherein food is sold in stands or shelters such as fairs or circus carnivals or the like, when the owner or person in charge of the grounds generally allows animals on the premises. E. ANIMAL TIED. No pet animal shall be tied by any person to a utility pole, parking meter, building, structure, fence, sign, tree, shrub, bush, or other object on public property or tied on private property without the consent of the owner or person in charge thereof. F. SOLID WAST' REMOVAL. Any person who shall walk a pet animal on public property sh.:1.1 provide for the disposal of the solid waste material by immediate removal of the waste. G. EXCEPTIONS. The provisions of this section shall not apply to seeing eyo• dogs while said dogs are acting in said capacity. 4.21.6 CONFINEMENT OF VICIOUS ANIMALS. No pet animal. of l:no:an fierce, dangerous, or vicious characteristics shall be permitted off the premises of the owner except while such animal is confined in a boarding kennel, veterinary hospital, cr while being trans- ported to such board;.•ig kennel or veterinary hospital. If any p.':': animal of known fierce, dangerous, or vicious charactc,ristics is per- mitted off the premises of the otrner and bites or annoys any person or other animal, in addi- tion to the other provision relating to rabies provided herein:, the City Council may set a pu: 1ic liearing on the destruction of Oct. 1973 175 0 4.2.1.6-4.21.7 said animal; and pending said public hearing, the animal shall be impounded in the Municipal Pound or, upon request by the owner, at a veterinary hospital at the owner's expense. The Council shall, when setting the public hearing, give notice to the owner of said animal, if ]mown, not less than seven (7) days prior to said hearing. If the Cour cil determines that the animal is fierce, danger- ous, or vicious and that the owner has failed to restrain said animal on his premises reasonably and that it is in the public inter- est to destroy said animal, it shall enact a resolution to that effect and directing that the animal be destroyed in a humane manner. 4.21.7 SHELTER OR POUND. A. Any public or municipal pound or shelter established and maintained by the City of Iowa City shall be conducted and operated by the shelter master under the supervision, direction, and control o,': the City Manager. He shall have the same pciwere as a peace officer; shall hold office for such time as the Council may direct; and shall receive as compensation such amount as the Council may by resolution determine. B. It shal' be the duty of I-Ae shelter master to impound any Feet animal found run- ning ai iarge contrary to the provisions of this Chapter. The shelter master shall provide adequate and wholesome food for animals impounded and shall provide careful and humane treatment toward said and shall provide for humane destruction ol animals as provided in this Chapter. C. As provided by law, the City of Iowa City may enter in a lease or contract with some regularly incorporated society organized for the express purpose of prevention of cruelty to ai imals for thy: use of its faci- lities for tho restraining and impounding of animals consistent with the provisions Oct. 1973 176 0