HomeMy WebLinkAbout1976-06-22 OrdinanceD`
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2238, THE
ORDINANCE OF IOWA CITY, IOWA, BY REVISING THE OFF-
STREET PARKING REQUIREMENTS FOR TWO-FAMILY DWELLINZONING/
AND REPEALING ARTICLES III.60 AND XXIV AS AMENDED'
(SECTIONS 8.10.3A.60, 8.10.25A.1, 8.10.25A.2, P*D
8.10.25D.1 OF CHAPTER 8.10 OF THE MUNICIPAL C
IOWk CITY, IOWA). 03PDE OF
%/
BE IT\ENACTED BY THE CITY C__NCIL OF THE OF IOWA
CITY, IOWA.
I.
the Municipal Code
two family dwellings.
SE. The purpose of this Ordinance is to amend
revise the off-stree parking requirements for
SECTION II. AMENDklyNT. The Municipal Code of Iowa City, Iowa,
is hereby amended by the fi
A. (8.10.3A) Definitions
60. PARKING SPACE. An are at least 9 feet wide and 20 feet
long connected to a public
less than 10 feet wide ar;d�
and egress of the automobile
parked and adjacent to��he g
and two family dwellings where lobated persuant to the require-
ments of this Chapter one space may be behind another. All
parking sFaces and connecting drive�Jays shall be provided with
a permanent dust -free surface.
s eet or alley by a driveway not
so��rranged as to permit ingress
without moving any other automobile
parking space except that for single
B. (8.10.25A) OFF PARKING REQUIREMENTS
Use SOa\\ce Requirements
1. Single and/two family Two spaces per each living
dwellings] unit.
2. Multiple family dwellings. 1'], spaces per dwelling unit
except that such dwelling
unit with less than 300
square feet o�\floor area
shall have not less than
1; spaces.
C. (8.10.25D) LOCATION OF PARKING SPACE IN YARDS
1. In/ the R District and in the C and M Districts within 50
/deet of an R Zone, no parking shall be permitted within
a required front yard except as follows:
a. For single family dwellings in all permitted zones
except the RIA Zone, one parking space may be located
in the required front yard.
Page 2 • ' �` r'�,
P
Ordinance No.
b. For two family dwellings in all permitted zones,
two parking spaces may be located in the required
front yard.
SECTION'111 REPEALER.' All other Ordinances or, - of Ordinances
in conflict with the provisions of this Ordinance/are hereby repealed, as
are Sections 8.10.3A.60, 8.10.25A.1, 8.10.25A.2, and 8.
` 10.25D.1 of the
Municipal Code of Iowa,City.
SECTION IV. SAVINGS.CLAUSE. If any" section, provision, or part
of this Ordinance shall be adjudged 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�Grdinance shall become effective
after its final passage, approval and publication as provided by law.
It was moved by .
and seconded by
that the Ordinance.as read be adopted, and upon 'roll call there were:
AYES: NAYS: ABSENT:
Balmer
deProsse
Foster
Neuhauser
Perret
Selzer
Vevera
Passed and approved this
day of 1976.
C. (x.10.251)) LOCATION 01' PARKING SPACE IN YARDS
1. In the R District and in the C and M Districts within 50 feet of
an R Zone, no parking shall be permi
Yard except as follows: tted within a required front
Ordinance No.
Page 2
a. For single family dwellings in all permitted zones except
the R1A Zone, one parking space may be located in the required
front yard, on a driveway,no wider than 12 feet.
b.
For two family dwellings i n all permitted zones, two parking
spaces may be located in the"required front yard,on a
driveway no wider tilan 24 feet,,, or if the structure has
two driveways,neitiher must exceed 12 feet in width.
r
-/',?
ORDINANCE NO. 76-2799
AN ORDINANCE AMENDING ORDINANCE NO. 2274, THE SUBDIVISION
ORDINANCE, BY REVISING THE REQUIRED SCALE OF A PRELIMINARY
AND FINAL SUBDIVISION PIAT AND REPEALING ARTICLES IV.A.2
AND IV.D.2 (SECTIONS 9.50.4A.2 AND 9.50.4D.2 OF CHAPTER
9.50 OF THE MUNICIPAL CODE OF IOWA CITY, IOWA).
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA.
SECTION I. PURPOSE. The purpose of this Ordinance is to amend the
Subdivision Code to revise the required scale of a preliminary and final
subdivision plat.
SECTION II
MIENDMENT. The Subdivision Code is hereby amended by
the following:
A. (9.50.4A) PRELIMINARY PLAT.
2. A preliminary plat shall meet the following specifications:
a. The plat shall be drawn to the scale of one inch to fifty
(50) feet, provided, however, if the resultant drawing
would be of larger dimension than twenty-four (24) inches
by thirty-six (36) inches, the plat shall be submitted at
a scale of one inch to one hundred (100) feet.
b. Legal description, acreage and name of proposed division.
C. Name and address of owner.
d. Names of the persons who prepared the plat, owner's,
attorney, representative or agent, if any, and date
thereof.
e. North point and graphic scale.
f. Contours at five (5) feet intervals, or less
g. Locations of existing lot lines, streets, pug utilities,
water mains, sewers, drain pipes, culverts, watercourses,
bridges, railroads, and buildings in the proposed subdivision.
h. Layout of proposed blocks (if used) and lots including the
dimensions of each, and the lot and block number in numerical
order.
i. Location and widths, other dimensions and names of the
proposed streets, alleys, roads, utility and other easements,
parks and other open spaces or reserved areas.
j. Grades of proposed streets and alleys.
k. A cross section of the proposed streets showing the roadway
locations, the type of curb and gutter, the paving and
sidewalks to be installed.
1. The layout of proposed water mains and sanitary sewers.
m. The drainage of the land including proposed storm sewers,
ditches, culverts, bridges, and other structures.
0
Ordinance No. 76-2799
Page 2
n. A signature block for endorsement by the Clerk certifying
the Council's approval of the plat.
B. (9.50.4D) FINAL PLAT.
2. The plat shall be drawn to the scale of one inch to fifty (50)
feet, provided, however, if the resultant drawingwould be of
larger dimension than twenty-four (24) inches by thirty-six
(36) inches, the plat shall be submitted at a scale of one inch
to one hundred (100). If the final plat is drawn to the scale
of one inch to fifty (50) feet, a transparent reproducible copy
at a scale of one inch to one hundred (100) feet shall be sub-
mitted showing the basic information required below.
SECTION III. REPEALER. All other Ordinances or parts of Ordinances
in conflict with the provisions of this Ordinance are hereby repealed, as
are Sections 9.50.4A.2 and 9.50.4D.2 of the Municipal Code of Iowa City.
SECTION IV.. SAVINGS CLAUSE. If any section, provision, or part
of this Ordinance shall be adjudged 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 Ordinance shall become effective
after its final passage, approval and publication as provided by law.
It was moved by deProsse
and seconded by Selzer
that the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
x
Balmer
x
deProsse
x
Foster
x
Neuhauser
x
Perret
x
Selzer
x
Vevera
Ordinance No. 76_2799
Page 3
--AYOR C. ��p1f �nGi0t1
R
A'ITEST:�� It was moved b
CITY CLERK Y deProsse and seconded
by Selzer that the rule re u'
1 st-RE 41444a
irw=
WLIM
3i ea ing
Passed and approved this 22nd
day of
ng the
ordinance to be consideredgand 1votedc
for passage at two Council meetings
Prior to the meeting at which it is t<
be finally passed be suspended, and
first and second consideration and vol
be waived, and that the ordinance be
voted upon for final passage at this
time. Roll call: Ayes: Balmer,
deProsse, Foster, Neuhauser, Perret,
Selzer, Vevera. Nays: none. Motion
Jam' 19 76 adopted, 7/0,
\ OINANCE NO. 76-2800 • ?�'" �,�^
73-2687 BY INCREASING
AN ORDINANCE AMENDING ORDINANCE NO.
F \O
THE FINE FOR OVERTIME PARY,ING.
BE IT ESTABLISHED BY THE COUNCIL OF THE CITY OF IOWA CITY.
SECTION I. PURPOSE The purpose of this Ordinance is to amend Ordinance
No. 73-2687, which established procedures for the collection of overtime and
illegal parking fines and set the amount of said fines by increasing the amount
Of fines for overtime parking and violation of the one (1) hour restricted zone
in the Civic Center lot from one dollar ($1.00) to two dollars ($2.00).
SECTION II. AMENDMENT
follows: Section II of Ordinance 73-2687 shall now read as
There is hereby established in the City of Iowa City, a parking
meter violations office. The City Manager is hereby authorized and
directed to establish such office.
Parking violations for overtime and illegal parking in violation
of Title VI of the Municipal Code of Iowa City shall be paid to the
Traffic Division of the Department of Finance.
All fines for overtime parking in violation of Section 6.30.7 of
the Municipal Code of Iowa City shall be two dollars ($2.00).
All fines for violation of the one (1) hour restricted zone in
the Civic Center lot shall be two dollars ($2.00).
All other fines for illegal parking in violation of Title VI of
the Municipal Code of Iowa City shall be five dollars ($5.00).
SECTION III. REPEALER Section II of Ordinance No. 73-2687, and all ordi-
nances or parts of ordinances in conflict with the provision of this ordinance,
are hereby repealed.
SECTION IV. EFFECTIVE DATE This Ordinance shall become effective on July 1,
1976, after its final passage, approval and publication as required by law.
It was moved by
that the Ordinance be
Foster and seconded b Y Perret
finally adopted,
and u Pon roll call there were:
AYES: NAYS:
ABSENT:
x
Balmer
x
deProsse
x
x
Foster
y
Neuhauser
x
Ferret
x
Selzer
�J� '
ATTEST_'-/cC3�L.t.�VIKI�.G1.�I.�L
n
City Clerk Q Mayor
First Consideration
6/8/76
Vote for passage:
Perret, Selzer, Vevera Bplmer, deProsse, Foster. Neuhauser
t
It was moved by Foster and seconded by Perret that the rule re-
VoteforpassSagag e:
miring the Ordinance 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, and second consideration and vote be
waived,
and the Ordinance be voted upon for final.passage at this
time. Roll ca11c,
Ayes:"_.Neuhauser, Perret,.Selzer, Vevera,
Ames,
deProsse, Foster. Nays: none. Motion adopted, 7/0.
ordinance No. 76-2800
Page 2
Passed and approved this
Date of publication
wa City
MEM, � �� , 5 �..� • F
r
i . •�� (� ( 5 ( �
d
DATE: June 10, 1976
TO: Neal Berlin, City Manager
FROM: Pat Strabala, Director, Department of Finance
RE: Wiltiple Reading of the Ordinance Amending ordinance #73-2687
for Increasing Fines for Overtime Parking
I would like to request that the Council give consideration to a
multiple reading, second and third consideration, of the proposed
Ordinance change increasing the fines for overtime parking. Since
the Council will not be meeting in informal session on the 15th,
the second consideration of the 22nd and third consideration on
the 29th will not allow, in my opinion, sufficient time to
adequately publicize the change in rate. If the Council would
consider giving this ordinance a double reading, it uvuld allow
us one full week for adequate publication and notification
concerning the rate change.
If you have any questions regarding this ordinance, or its
enforcement, please contact Don Akin at Ext. 247.
cc: Don Akin
Abbie Stolfus
0
ORDINANCE NO. 76-2801
AN ORDINANCE PROVIDING FOR THE DISCON I2.JANCE OF SERVICE,
THE ESTABLISHMENT OF LIENS FOR UNPAID WATER BILLS AND
REPEALING SECTION VI OF ORDINANCE 75-2773.
BE IT ESTABLISHED BY THE COUNCIL OF TIM CITY OF IOWA CITY.
SECTION I. PURPOSE. The purpose of this ordinance is to provide for an
effective means of collection of water rates to pay for the expenses of oper-
ating and maintaining the municipal water system.
SECTION II. ESTABLISFLNENT.
A. The Department of Finance may discontinue service to any consumer or
property owner who has failed to pay for the water- supplied after a notice
and hearing before the Director of Finance or his or her designated repre-
sentative. Such notice shall be served on the consumer or property
owner in person or by certified mail, return receipt requested. It shall
state in writing the reason for discontinuance of service and shall give the
consumer or' property owner at least seven (7) days notice of the time and
place of said hearing so that all parties shall have an opportunity at said
hearing to respond and present evidence and arguments on all issues involved
Parties shall be promptly notified of the decision of the Director of
Finance or his or her designated representative by the delivery to them of
a copy of such decision by personal service or by certified mail, return
receipt requested.
B. in addition to the above, the City of Iowa City shall have a lien upon
the property of any consumer or property owner who has failed to pay for the
water supplied. The City shall adopt by resolution and the City Clerk shall
certify the amount of the lien and file the same with the Johnson County Auditor.
Said lien shall attach to the property which was served upon.certification by
the City Council.
Liens perfected in this manner shall be assessed against the property to
the extent of the balance due to the City for water supplied and losses
incurred in perfecting said lien. Said lien shall be enforced until payment
of the claim. When the lien is satisfied by payment of the claim the City
shall acknowledge satisfaction thereof and file a release with the Johnson
County Auditor in the county where the property is situated.
SECTION III. REPEALER. Section VI of Ordinance No. 75-2773 and all
other ordinances or parts of ordinances in conflict with this ordinance, are
hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the
Ordinance shall be adjudged to be invalid or unconstitutional, such adjudica-
tion shall not affect the validity of the Ordinance as a whole or any section,
provisie-i or part thereof not adjudged invalid or unconstitutional.
Ordinance No. 76-2801* •
page 2
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its
final passage, approval and publication as required by law.
It was moved by Foster and seconded by deProsse
that the Ordinance be finally adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x
Foster
x
Neuhauser
x
Perret
x
Selzer
x
Vevera
Mayor
ATTEST: �. �
City Clerk
First Consideration 5/11/76
Vote for passage: Ayes: deProsse, Foster, Neuhauser,
Nays: Vevera Absent: none Perret,Selzer,Balme
gyp=' id It was moved by Vevera and seconded by deProsse that the
Vote -EG -r -passage: rule requiring the Ordinance 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
and second consideration and vote be waived, and the
Ordinance be voted upon for final.passage at this time.
Roll call: Ayes: Selzer, Vevera,•Balmer, deProsse,
Foster, Neuhauser, Perret. Nays: none. Motion adopted
7/0.
Passed and approved this 22nd day of June, 1976.
Date of publication
JCOM�ERCECIVIC CENTER. 4?0 E w�c-r.(:�,�� VVIOWA CITY. IOWA 5ii.IO
`' // 319.354.1803
i�
June 28, 1976
Dolores Rogers
Johnson County Auditor
Johnson County Courthouse
Iowa City, Iowa
Dear Dolores,
Attached please find a Copy of Ordinance 76-2801 which provides for
discontinuance of service, the establishment of liens for unpaid
water bills, by the City of Iowa City.
It also provides for the certification of the amount of lien to
the Johnson County Auditor, by resolution, and for the release of
the lien.
Yours very truly,
Abbie Stolfus
City Clerk
cc/Strabala
Wity of Iowa City D�"\
IEI\e�tORANE;b
DATE: June 4, 1976
TO: John Hayek, City Attorney
FROM: Tony Kushnir, Asst. City Attorney
RE: proposed Water Ordinance
Dear John:
Recently, questions have arisen concerning a proposed ordinance
which deals with the discontinuance of service and the establishment
of a lien for nonpayment by a consumer for water supplied. Specifi-
cally, it has been asked whether a municipality can create a lien
for unpaid water bills.
Section 384.84(1), Code of Iowa (1975), as amended by the 66th
General Assembly, states that the governing body of a city utility may
provide for the collection of rates to pay for the expenses of
operation and maintenance. Additionally, it states that all rates
for services of sewer systems, if not paid shall constitute a lien
upon the premises served and certified to the County Auditor and
collected in the same manner as taxes. Section 384.93 of the Code
of Iowa (1975) states that the enumeration of powers stated in the
foregoing sections of specified powers and functions is not a
limitation of the powers of cities.
"Home Rule" as it took effect in July, 1975 operates on the
theory that municipalities should be free to regulate their own
municipal affairs without interference by the State. A city may
exercise its general powers subject only to the limitations expressly
imposed by a state or city law. Among these limitations are that a
municipality may not enact a law that is irreconcilable with state
law, nor levy a tax unless specially authorized by said state law.
Under this theory of inherent power to legislate subject to certain
limitations, it is my opinion that a municipality may enact an
ordinance providing for a lien upon the premises of a consumer who
has not paid for water supplied_ Section 384.84(1) grants munici-
palities the power to establish collection procedures and specifi-
cally allows the creation of a lien as a method of collection for
unpaid sewer bills. This language taken with the home rule grant and
the provision of section 384.92 shows that the state legislature did
not intend that the specific powers enumerated in section 384.84(1) be
a limitation of powers but merely an enumeration of the powers and
procedures that can be enacted. The establishment of a lien for
nonpayment of water bills is consistent with the provisions and intent
of Chapter 384 and home rule.
The power to create a lien is not a tax, Case law has shown that
the courts distinguish between "tax" "assessment" and "lien". "Tax"
'-Vined as a charge to pay the cost of government without regard