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1978 Ordinance Book
1978 ORDINANCES - Book 13 78-2875 - 2886 Page Ord. # Title Date 1-2 2875 Amending Section 6.04.35.0 of Ord. #77-2835 to 1/3/78 Prohibit the Tracking of Mud, Gravel or Other Materials onto Public Streets by Vehicles 3-4 2876 Establishing a Planned Area Development in Iowa 2/7/78 City (Orchard Court) 5-6 2877 Amendment Modifying Certain Requirements of 2/14/78 Chapter 8.10 of the Code of Ordinances of Iowa City, IA, (Ordinance No. 77-2868) Relating to Construction Limitations withing a Designated Area 7-8 2878 Amending Ord. No. 77-2874, which Adopted the Uniform 2/21/78 Plumbing Code with Certain Amendments, of the Muni- cipal Code of Iowa City 9-10 2879 Amending the Taxicab Regulations by Changing the Dates the Certificate of Public Convenience and Necessity are Valid and by Amending Ord. No. 77-2844 by Repealing Section 5.16.6 of Section II of Ordi- nance No. 77-2844 and Enacting New Provisions in Lieu Thereof 11-12 2880 Amending Ordinance No. 76-2820 to Limit the Use of 2/28/78 Motorized Vehicles to Park Roads and to Prohibit the Use of Park Roads by Unlicensed Vehicles 13-16 2881 Ord. to Require Gas, Electric, and Communication Franchise Holders to Move Certain of their Facilities within the City of Iowa City, Iowa, and to Install Them Underground; to Require Utility Customers in Certain Areas to Remove Aboveground Utility Instal- lations and Install Them Underground; and Providing Procedures and, Standards for Exemptions from the Requirements 17-18 2882 Ord.Amending Ordinance No. 77-2859 Which 3/7/78 Adopted the Uniform Building Code, 1976 Edition as Amended to Delete the Amounts of Building Permit Fees 19-20 2883 Ord. Amending Ord. No. 77-2874 Which Adopted the 1976 Edition of the Uniform Plumbing Code with Certain Amendments 21-31 2884 Ord. Amending the Municipal Code of Iowa City, Iowa, by Adopting the 1978 Edition of the National Electrical Code with Certain Additions and Amendments Thereto; Repealing Chapter 9.20 of the Municipal Code of Iowa City, Iowa, and Enacting a New Chapter in Lieu Thereof 32-33 2885 Amending Allowing Use of Hand -Held Candles in Connection with Religious and Ritualistic Ceremonies, and Amending Section 26.116(b)(4) 1976 Uniform Fire Code. 34-35 2886 Ord. Amending a Portion of the Subdivision Code, 3/14/78 Ord. No. 2567 (Sec. 9.50.0(4)(h)(4) of the Muni- cipal Code of the City of Iowa City) by Allowing Non - Profit Organizations Who Subdivide Property for the Purpose of Encouraging Economic Development to Petition the City Council that the Improvements Required to be Installed by the Subdivision Code be Constructed by the City Pursuant to a Special Assessment Program 1978 ORDINANCES - Book 13 78-2887 - 2901 Page Ord. # Title Date 36-39 2887 Amending the Zoning Code of the City of Iowa City 4/4/78 by Adding a Definition of Elderly Housing and Special Conditions for Elderly Housing in the CB Zone to Section 8.10.3 and 8.10.19 40-42 2888 Amending Ord. No. 77-2835 by Providing for the Designation of Commercial Vehicles and Clarifying the Time Limitations for Loading or Unloading in Certain Loading Zones by Repealing Sections 6.15.03.A and 6.01.09 of Ordinance No. 77-2835 and Enacting New Provisions in Lieu Thereof 43-46 2889 Prohibiting Smoking in Designated Places in Iowa 4/18/78 City 47-48 2890 Amending Section 3.34.3(15) of the Municipal Code 5/2/78 of Iowa city by Extending the Hours of Use in Mercer and City Parks 49-80 2891 Amending the Municipal Code of the City of Iowa City, 5/9/78 by Repealing Ord. No. 2319 and all Subsequent Amend- ments; and Establishing Minimum Standards of Light, Ventilation, Safety, Occupancy, Repair and Maintenance of Dwellings Within Iowa City; Prescribing Methods for Licensing Rooming Houses and Multiple Dwellings and Prescribing Penalties and Remedies for Violations of its Provisions 81-82 2892 Amending Ord. No. 77-2835 by Clarifying Certain Procedures Relating to the Release of Motor Vehicles Impounded for Accumulated Parking Violations 83-85 2893 Amending Ordinance No. 78-2891 by Establishing Fees 5/16/78 for the Issuance of Rental Permits for Multiple Dwellings 86-95 2894 Providing for the Public and Private Use of City Plaza, Establishing Regulations Governing Such Use, and Prescribing Permit and Lease Procedures for Such Use 96-101 2895 Amending Zoning Ordinance No. 2238 by Changing the 5/30/78 Use Regulations of Certain Property on the North Side of Iowa City 102-103 2896 Amending Ordinance No. 75-2760 to Prohibit Indecent Exposure and Conduct 104-105 2897 Establishing a Planned Area Development in Iowa City 6/13/78 106-108 2898 Amending Zoning Ordinance 2238 by Changing the Use Regulations of Certain Property from C2 to CBS Zone 109-111 2899 Amending Zoning Ordinance 2238 by Changing the Use Regulations of Certain Property From C2 to CBS Zone 110q 111A 2900 112-113 2901 Amending Zoning. Ordinance 2238 by Changing 6/27/78 the Use Regulations of Certain Pronerty from R3A to R3 Zone Amending Zoning Ordinance 2238 by Changing 6/27/78 the Use Regulations of Certain Property from R3B to CO Zone A4 1978 ORDINANCES - Book 13 78-2902 - Page Ord. # Title Date 114-115 2902 Amending Zoning Ordinance 2238 by 6/27/78 Changing the Use Regulations of Certain Property from R3B to R2 Zone 116-117 2903 Amending Zoning Ordinance 2238 by 6/27/78 Changing the Use Regulations of Certain Property from R3B to R3 Zone 118-119 2904 Amending Zoning Ordinance 2238 by 6/27/78 Changing the Use Regulations of Certain Propertyfrom R313 to R3A Zone 120-122 2905 Amending Zoning Ordinance 2238 by 6/27/78 Changing the Use Regulations of Certain Property From R3B to R2 Zone 123-124 2906 Amending Zoning Ordinance 2238 by 6/27/78 Changing the Use Regulations of Certain Property from R3B to R2 Zone 125-126 2907 Amending Ordinance No. 2527 the 6/27/78 , Large Scale Non -Residential Development Ordinance (Chapter 9.52 of the Municipal Code) by adding a Provision to Exempt Temporary Buildings from its Application. 127-129 2908 Amending Ordinance No. 77-2835 by Prov- 6/27/78 iding for the Parking of Motorized Bicycles, Motor Bicycles and Mopeds in Parking areas Designated for Bicycles only by Inserting a new Section No.6.01.48 and Repealing Section 6.12.17 of Ordinance No. 77-2835 and Enacting new Provisions in Lieu Thereof. 130-133 2909 Amending Ordinance No. 78-2891 Which Adopted the 7/11/78 Housing Occupancy and Maintenance Code by Establishing Search Warrant Provisions 134-135 2910 Vacating Streets and Alleys Within the Urban 7/11/78 Renewal Project Area 1978 ORDINANCES - Book 14 78-2911 - 78-2918 Page Ord. # Title Date 136 - 138 2911 Amending Ord. No. 75-2774 (Chapter 3.14 of 7/25 78 the Municipal Code of Iowa City) by Changing the Manner in Which Sanitary Sewage Service Charges are Determined for Properties with Private Water Supplies 139-151 2912 To Amend Ordinance No. 77-2859 Which Adopted the Uniform Building Code Standards, 1976 Edition and the Uniform Building Code, 1976 Edition Subject to Certain Amendments 152-154 2913 Amending the Investigation Procedures for Origi- 8/8/78 nal and Renewal Beer and Liquor License Appli- cants; and Amending Ordinance No. 76-2805, Sections II and III (5.24.9 AND 5.24.10, Code of Ordinances of Iowa City, Iowa). 155-156 2914 Amending Ordinance No. 2605 And Ordinance No. 73-2686 by Redefining "Legal Age" in Order to Conform with State Law; and Amending Section 5.24.1(L) of the Municipal Code of Iowa City 157-158 2915 Amending Zoning Ordinance 2238 by Providing 8/22/78 Different Standards for the Composition of Sewage Waste at the Point of Discharge into the Public Sewer 159-164 2916 Designating the Responsibility for Weed Control on Private Property and Street and Alley Right - of -Ways; Establishing a Stantdard of Maintenance; Defining Certain Nuisances Involving Untended Areas and Providing for the Abatement of Such Nuisances; Prescribing a Method for Collection of Costs of Said Abatement; and Repealing all Ordinances or Parts of Ordiances in Conflict 165-267 2917 Establishing Certain Standards, Regulations and Procedures for the Granting and Operation of a Broadband Telecommunications Franchise Within the City of Iowa City; Creating a Broadband Tele- communications Commission and Providing for the Enforcement of Such Standards, Rules and Regula- tions as Stated Herein 268-274 2918 Adopting the Codification of All Ordinances of the 9/5/78 City of IowaCity of a General or Permanent Nature or Imposing a Fine or Penalty, Including Codes and Maps Adopted by Reference, as the Official Code of the City of Iowa City, as Provided for and Pursuant to Chapter 380 of the Code of Iowa; Providing for . the Title and Citation of the Code; Repealing all Ordinances and Parts of Ordinances of a General or Permanent Nature or Imposing a Fine or Penalty Passed on or Prior to August 9, 1977; Except those not Contained in Said Code or Recognized and Con- tinued in Force by Reference Therein; Providing Penalties for the Violation of the Several Sections Thereof; and Prescribing the Time When This Ordi- nance Shall be in Full Force and Effect .1978 ORDINANCES - Book 14 78-2919 - 78-2933 Page Ord. it Title Date 275-278 2919 Amending Zoning Ordinance 2238 by Changing the Use 9/12/78 gegulations of Certain Propert fro R1A to CO Zone Co.� or Operation within or on Any Public Street or Other (Hawkeye Real Estate Investmen' Public Property of the -City, of Equipment and Facilities 279-281 2920 Amending the Zoning Provisions of the Municipal Code for the Distribution of Signals Over a Broadband Tele- (Ordinance No. 2238) by Establishing Provisions for communications Network to the Citizens of Iowa City Family Care Facilities for Certain Zoning Classifica- Amending Ordinance No. 77-2835 by Changing the Maximum 10/24/78 tions within the City of Iowa City, Iowa Speed Limit upon Certain Streets in Iowa City (Gilbert) 282-284 2921 Amending the Zoning Code of the City of Iowa City by 9/19/78 11/14/78 Adding Special Conditions for Elderly Housing in the Regulations of Certain Property from R1A to R1B & R2 CBS Zone to Section 8.10.19 (Mt. Prospect Addn., Part IV) 285-286 2922 Vacating Streets Within the Urban Renewal Project Amending Ord. No. 2238 (Chapter 8.10 of the M.C.) by 12/5/78 Area (Portions of Capitol and Washington Streets Amending the Regulations for Non -Conforming Uses, Non - 287-288 2923 Amending Zoning Ordinance 2238 by Changing the Use Conforming Lots and Non -Conforming Buildings Regulations of Certain Property from R1A to R2 Zone 9/26/78 (Kingdom Subdivision) ; the City of Iowa City Pertaining to the Parking Meter 289-290 2924 Amending Ordinance No. 2238 by Regulating the Location 10/3/78 of Adult Businesses in Iowa City Amending Ord. No. 77-2835 by Adding Section 6.17.04 to 291-295 2925 Amending Ordinance No. 77-2859 which Adopted the Uni- Restrict Truck Traffic on Certain Streets (Kirkwood form Building Code Standards, 1976 Edition and Subject Ave. and Lower Muscatine Road) to Certain Amendments (Size requirement for kitchen windows) 296-297 2926 Amending Section 3.06.1E(1) and (2) of the Municipal 10/17/78 Code of Iowa City by Amending the Boundaries of Fire Zones 1 and 2 298-299 2927 Amending Ordinance No. 77-2859 which Adopted the Uni- form Building Code Standards, 1976 Edition and the Uniform Building Code, 1976 Edition Subject to Certain Amendments 300-301 2928 Granting a Broadband Telecommunications Franchise to Permit the Construction, Installation, Maintenance or Operation within or on Any Public Street or Other Public Property of the -City, of Equipment and Facilities for the Distribution of Signals Over a Broadband Tele- communications Network to the Citizens of Iowa City 302-303 2929 Amending Ordinance No. 77-2835 by Changing the Maximum 10/24/78 Speed Limit upon Certain Streets in Iowa City (Gilbert) 304-306 2930 Amending Zoning Ordinance 2238 by Changing the Use 11/14/78 Regulations of Certain Property from R1A to R1B & R2 (Mt. Prospect Addn., Part IV) 307-311 2931 Amending Ord. No. 2238 (Chapter 8.10 of the M.C.) by 12/5/78 Amending the Regulations for Non -Conforming Uses, Non - Conforming Lots and Non -Conforming Buildings 312 2932 Repealing Chapter 23-279 of the Code of Ordinances of the City of Iowa City Pertaining to the Parking Meter Fund 313-314 2933 Amending Ord. No. 77-2835 by Adding Section 6.17.04 to Restrict Truck Traffic on Certain Streets (Kirkwood Ave. and Lower Muscatine Road) 1978 ORDINANCES - Book 14 78-2934 - 2935 Page Ord. # Title 315 - 317 2934 Amending Zoning Ord. 2238 by Changing the Use Regulations of Certain Property from A2 County to M1 Zone (Wagner -Murphy Foundation) Date 12/12/78 318-319 2935 Amending Zoning Ordinance 2238 by Changing the Use 12/19/78 Regulations of Certain Property from CH to C2 Zone • • CIVIC CENTER, 410 E. WASHINGTON ST. y` IOWA CITY, IOWA 52240 319351-1800 STATE OF IOWA ) JOHNSON COUNTY ) SS I. Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2875 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 3rd day of January , 1978 , all as the same appears o recce ori my office.' Dated at Iowa City, Iowa, this 22nd day of February , 1978 ie tolfus City Clerk Printers fee; / 07__. CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper%.aD times, on the following dates: i r Cashier Subscribed and sworn to before me this d �y of A.D.19iL—. otary Public * f�MARTINA M7PIRE'S Mr COMMISSIOSEPTEMdEF , OFFICIAL PUBLICATION DROINANCE NO. 18-2815 AN ORDINANCE AMENDING SECTION .OZ. S+.0 OF ORDI- NANCE NO. n-2835 TO PROHIBIT THE TRACKING Of MD, GRAVEL OR OTHER MATERIALS 0190 ROBLIC STREETS BY VEHICLES. SECTION 1. PAPPOSE. The parNaa Of this ttJinande is proven ve c es from tracking mad, gravel Or other materials onto public streets. SECTION 2.ANEXOMEM. Settled 8.81.35.0 is hereby wren o M as. of lnes: C. No vehicle shall W driven er meed on any highway unless such vehicle is so constructed or loaded as to prevent any of its load frau dropping, sifting, leaking, or otherwise escap- ing therefrom, .sept that sand or other katerie is may he dropped for the purpose of securing erec- tion, and water or other substance hey W sprin- kled on a roadway in cleaning or maintaining such roadway. It shall W unlawful for vehicles t, deposit from the fr wheels or track parities of Mdl. gravel or other materials .,to paved public streets. i i SECTION 3. SEVERABILITY. if any section, paw sOd or pa o r name shall be adjudged to be invalid or ueccnstitutleoal, such adjudication shall net affect the validity of the minance as a whale dr any section, provision or part thereof ret adJW- gea invalid or unconstitutional. SECTION a. EFFECTIVE DATE. This Ordinance shall be n e ec a er is ne Passage. approval and Nt� licatioh as Mui red by law. Passed and adopted this 3rd day of Jamnry. 1918. v�.� ATTEST: January 13, 1976 ORDINANCE NO. 78-2875 AN ORD CE AMENDING SECTION 6.04.35,C ORDI- NANCE i,.,. 77-2835 TO PROHIBIT THE TRACKS .j OF MUD, GRAVEL OR OTHER MATERIALS ONTO PUBLIC STREETS BY VEHICLES. SECTION 1. PURPOSE. The purpose of tFiis ordinance is to prevent vehicles from tracking mud, gravel or other materials onto public streets. SECTION 2. AMENDMENT. Section 6.04.35.0 is hereby amended to read as follows: C. No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escap- ing therefrom, except that sand or other materials may be dropped for the purpose of securing trac- tion, and water or other substance may be sprin- kled on a roadway in cleaning or maintaining such roadway. It shall be unlawful for vehicles to deposit from their wheels or track quantities of mud, gravel or other materials onto paved public streets. SECTION 3. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjud- ged invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and pub- lication as required by law. Passed and adopted this 3rd day of January, X1978.97 ROBERT A. ERA, MAYOR ATTEST: ABBIE STOL US, GMTY CLERK Received & A"pprovod By V,.3 Ls3ai Dzpartm-ent Ordinance No. 78-2875 Page 2 It was moved by Perret and seconded by Neuhauser " , that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration 12/13/77 Vote for passage: Ayes: Perret, Vevera, deProsse, Foster, Neuhauser. Nays: Balmer, Selzer 2nd consideration 12/20/77 Vote for passage: Ayes: Vevera, deProsse, Foster, Neuhauser, Perret. Nays: Balmer. Absent: Selzer 8 CIVIC CENTER, 410 E. WASHINGTON ST. ? , IOWA CITY, IOWA 52240 319-354-1500 STATE OF IOWA ) SS JOHNSON COUNTY ) I. Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78_2876 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 7th day of February , 19 78 all as the same appears o rec�in my of ice. Dated at Iowa City, Iowa, this 14th day of March 19 78 Abbie Stoltus City Clerk Printers fee E_�S� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper times, on the following dates: dr Cashier Subscribed and sworn to before me thist I dayM A.D.19�. "Aary Public No.2?4 111 A7ARfiMA K MEYEA' W COMMIS M EXPIRES qn SEPTEMBER 31X 1979 OFFICIAL PUBLICATION ORDINANCE NO. 78-2876 AN ORDINANCE ESTABLISHING A PLANNED AREA DEVELOPMENT IN IOWA CITY, IOWA BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA SECTION I. PURPOSE. The purpose Of this Ordinance is to 'approve a planned area development in the City of Iowa City, Iowa, Pursuant to Ordinance No, 2446. SECTION 11. APPROVAL. Commencing at the East quarter corner of Section 16, T79N, R6W of the 5th P.M.; thence North 365 feet to the North line of West Benton Street; thence Westerly 370.5 feet on the North line of West Benton Street to the centerline of Orchard Street; thence Northerly 310.12 feet on the centerllne of Orchard Street, to the point of beginning, all In accordance with Recorded Plats as recorded in Johnson County, Iowa; thence N' 87 degrees 26' 06" W, 440.96^feet; thence N 03 degrees 07' 21" F)-254.112 feet to the Southerly right -of-wayy line Of Me C. R. I. and P. Raorolq Thence norTtleasterly 428.67 feet, on a 2180 foot radius curve concave Northwesterly (chord distance and bearing being N 87 degrees n' 1T" E. 427.93 feet); thence S. 0 degrees 49t. Sil" W. 268.42 feet; thence S 67 degrees 26' 06" E 32.53 feet to the East line of Orchard Streliff4Wded Northerly; thence S 0 degrees 09' 59'f•W, 25.07 feet on the East line of Orchard Street extended North; thence N 87 degrees 26' 06" W 32.51feet to the point of beginning Is hereby approved as, a planned area development In the City of Iowa City, Iowa, to be developed as set forth In the plans for said area filed in the office of the City Clerk of Iowa City, Iowa on the 3rd day of January, 1978. SECTION III. BUILDING PERMITS. This Building Inspector Is hereby authorized and directed to issue all building and construction Permits for said area on the basis of con formance with saitl Dian. SECTION IV. FILING The City Clerk of Iowa City is hereby authorized and directed to file with Me Office of the County Recorder, Johnson County, IOWA. a copy of this Ordinance alter its final passage, approval and publication as Provided by taw, SECTION V. EFFECTIVE DATE This Ordinance shall be It, effect after Its final passage, approval arl"ublication as required by law. Passed and approved this 7th day of February. 1978. a ROBERT A. VEVERA Mayor ATTEST- s ABBIE STOLFUS City Clerk February 17, 1978 ORDINANCE NO. 78-2876 AN ORDINANCE ESTABLISHING A PLANNED AREA DEVELOPMENT IN IOWA CITY, IOWA BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA SECTION I. PURPOSE. The purpose of this Ordinance is to approve a planned area development in the City of Iowa City, Iowa, pursuant to Or- dinance No. 2446. SECTION II. APPROVAL. Commencing at the East quarter corner of Section 16, T79N, R6W of the 5th P.M.; thence North 365 -feet to the North line of West Benton Street; thence Westerly 370.5 feet on the North line of West Benton Street to the centerline of Orchard Street; thence Northerly 310.12 feet on the centerline of Or- chard Street, to the point of beginning, all in accordance with Recorded Plats as recorded in Johnson County, Iowa; thence N 87° 26' 06" W, 440.96 feet; thence N 03° 07' 21" E, 254.82 feet to the Southerly right-of-way line of the C. R. I. and P. Railroad; thence northeasterly 428.67 feet, on a 2100 foot radius curve concave Northwesterly (chord dis- tance and bearing being N 87° 25' 11" E, 427.93 feet); thence S 0° 09' 59" W, 268.42 feet; thence S 87° 26' 06" E, 32.53 feet to the East line of Orchard Street extended Northerly; thence S 00 09' 59" W, 25.02 feet on the East line of Orchard Street extended North; thence N 87° 26' 06" W 32.53 feet to the point of beginning. is hereby approved as a planned area development in the City of Iowa City, Iowa, to be developed as set forth in the plans for said area filed in the office of the City Clerk of Iowa City, Iowa on the 3rd day of January 1978 . SECTION III. BUILDING PERMITS. This Building Inspector is hereby authorized and directed to issue all building and construction permits for said area on the basis of conformance with said plan. Etc w—A & G` F-MvA By Etc e_Sc1 Ca:"r..'=r,4 aK- � Ordinance No. 78-2876 Page 2 SECTION IV FILING The City Clerk of Iowa City is hereby authorized and directe to file with the Office of the County Recorder, Johnson County, Iowa, a copy of this Ordinance after its final passage, approval and publication as provided by law. 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 Bal= and seconded by Perret that the Ordinance be adopted and upon roll call there were: Passed and approved this 7th day of February , 1978. Mayor ATTEST: City Clerk First Consideration- Moved by Balmer, seconded by Neuhauser, 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 Second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera. Nays: none. Date of Publication I AYES: NAYS: ABSENT: BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA : Passed and approved this 7th day of February , 1978. Mayor ATTEST: City Clerk First Consideration- Moved by Balmer, seconded by Neuhauser, 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 Second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera. Nays: none. Date of Publication I yU • • CIVIC CENTER. 010 E. WASHINGTON ST. /�'/////1J//�IOWA CITY. IOWA 52240 V KA ?/ 31&3541800 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2877 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 14th day of February , 19 78 , all as the same appears o —record cord in my of ice. Dated at Iowa City, Iowa, this 14th day of March 19 78 �i�to�� City Clerk Printersfee$ 15,:m24 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper ig& times, on the following dates: Cashier Subscribed and sworn to before me this day of A.D. 191-L—. ry Public No -2f OFFICIAL PUBLICATION ORDINANCE NO. 70-2877 AN AMENDMENT MCOIFYING CERTAIN REQUIREMENTS OF CHAPTER 8.10 OF THE CODE OF ORDINANCES OF IOW CITY, IOWA, (ORDINANCE NO. 77-2868) RELATING TO CONSTRUCTION LIMITATIONS WITHIN A DESIGNATED AREA. BE IT ORMINED BY LIE COUNCIL OF THE CITY OF TOM CITY, IOWA. SECTION 1.PURPOSE. The purpose of this a¢edment W to mi are ZerG�n mptliflutlons to ted 51s-m0nt1 construction Iimltatlons established by Ordinance No. 77-2868. 6ECii0N 2. NNNPIENT. Section 8.10.4(D) of the o eL3 OT6rd ones of lose City, law i(Ordinance No. 71-2068) Which reads: D. In order t0 provide sufficient time to complete the Comprehensive Plan and enact a nem zoning ordinance, construction in the area hereinafter described shall be limited to the erection of single family tlwllings or the con- version of single fanny dwellings to duplexes, sand the repair but not expansion of existing structures 1s now amended to read as follow: 0. In order to provide sufficient time to complete the Comprehensive Plan and enact a naw zoning ordinance, construction in the area bere inafter described shall W limited to the following: 1) the erectlon and enlargement of single family dwellings, sad accessory buildings thereto; 2) th ,inversion of single, family dwil- ings t4cIexea, and the conversion of a con- RemIaluse to another penmitteecomartiA, use; 3) the repair and remodelling, but not m- largaant, of existing Structures, so long as the existing use 1s hot changed, except as provided to (D) (2) above. However, a duplex or multiple family Wilding may not be re- modelled to crate additional dwelling units. SECTION 3. CERTIFICATION TO COUNTY RECORDER. The City Clerk is hereby authorizea--and-iffrecUT to certify a copy of this amenment W the Recorder of Johnson county, Iowa, upon final passage, approval, and publication as provided by law. SECTION 4 SEVERABILITY. If any section, provision W-pWorith. ordinance shall be adjudged to W invalid W unconstitutional, WIN adjudication shall trot affect,the validity of the Ordinance as a ogle or any section, provizidn or Part thereof Trot adjudged ihem lid or unconslitutional. SECTION S. EFFECTIVE DATE. This Ordinance shall be n e act a ter is na Daszage, approval and Publication as r,wuired by law. Passed and approved this 14th day of February, 1978. e of e�aa //,y1/'J E ATTEST: `yqHUDIL ��� February 22, 1978 ORDINANCE NO. 78-2877 AN AMENDMENT MODIFYING CERTAIN REQUIREMENTS OF CHAPTER 8.10 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, (ORDINANCE NO. 77-2868) RELATING TO CONSTRUCTION LIMITATIONS WITHIN A DESIGNATED AREA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this amendment is to make certain modifications to the six-month construction limitations established by Ordinance No. 77-2868. SECTION 2. AMENDMENT. Section 8.10.4(D) of the Code of Or finances of Iowa City, Iowa (Ordinance No. 77-2868) which reads: D. In order to provide sufficient time to complete the Comprehensive Plan and enact a new zoning ordinance, construction in the area hereinafter described shall be limited to the erection of single family dwellings or the con- version of single family dwellings to duplexes, and the repair but not expansion of existing structures is now amended to read as follows: D. In order to provide sufficient time to complete the Comprehensive Plan and enact a new zoning ordinance, construction in the area hereinafter described shall be limited to the following: 1) the erection and enlargement of single family dwellings, and accessory buildings thereto; 2) the conversion of single family dwell- ings to duplexes, and the conversion of a com- mercial use to another permitted commercial use; 3) the repair and remodelling, but not en- largement, of existing structures, so long as the existing use is not changed, except as provided in (D) (2) above. However, a duplex or multiple family building may not be re- modelled to create additional dwelling units. SECTION 3. CERTIFICATION TO COUNTY RECORDER. The City Clerk is hereby authorized and diFected to certify a copy of this amendment to the Recorder of Johnson County, Iowa, upon final passage, approval, and publication as provided by law. Recoivad & Approved By The Legal D2p3rhncnt Ord. No. 877 -2- SECTION 4, SEVERABILITY. If any section, provision or part of the ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 14th day of February, 1978. rL—Gc, " aL ---Ce-.r, yy// ROBERT A. VEVERA, MAYOR ATTEST: kLL. �� BIE ST L US, CITY CLERK It was moved by Neuhauser and seconded by deProsse t at t e Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Ist consideration Moved by Balmer, seconded by deProsse, that the Vote for passage: rule requiring ordinances to be considered and voted on for passage at two Council meetings prior 2nd consideration to the meeting at which it is to be finally passed Vote for passage: be suspended, the first and second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer. It was moved by Neuhauser- , and seconded by Vevera that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: First consideration Vote for passage: Second consideration Vote for passage: xxxxxxxxxxxxx xxxxxxxxxxxx BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Moved by Neuhauser, seconded by Roberts, 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: Perret, Roberts, Vevera, Balmer, Erdahl, Lynch, Neuhuaser. Nays: None. Date of Publication 12/30/81 Pecelved 8, Approved By The Legal Department `-�W //-/ P - P/ �• �^ CIVIC CENTER,410EWASHINGTON STK IOWA CITY IOWA 52240 . ]ID3M1800 STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2878 which was passed by the City Council of Iowa City, Iowa -ata regular meeting held on the 21st day of February , 1978 all as the same appears of recon& in my office and pub fished in the Press Citizen on the 1st day of March , 1978 Dated at Iowa City, Iowa, this 17th day of April , 19 78 �9L- u2J A ie Stolfus, ty Cler Printers fee; /5,6 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper 0�? times, on the following da )1&iJ eA n 9 Cashier Subscribed and sworn to before me this I day of A.D.19-71—. Notary Public No fo t1 ���i�"3,`� MARTINA M, MEYER � �,sl * MY COMMISSION EXPIRE$ a�. SEPTEMBER 3C 19n9 OFFICIAL PUBLICATION ORDINANCE' AN2874. ' 77- 2874. THE MUNKIPAL CODE OF IOWA BE IT ENACTED BY THE CITY COUNCIL' THE CITY OF IOWA CITY, IOWA: SECTION f. PURPOSE* rhe purpose of t ordinance is to correct a typographica error in Ordinance No. 77-2874. SECTION If. AMENDMENT. Section IX is'_ hereby a�e�e� as follows: i SECTION IM. LICENSING STANDARDS. The Boats a Examiners Sha issue icenses pursuant to the following provisions: A. A Plaster Plumber's License shall be issued to every person who demonstrates satisfactory completion of one year's experience as a journeyman pluMier, and ' successfully passes the examination con- ;1 ducted by the Board of Examiners of Plumbers. The fee for the first license shall oe $75.00. S. A Journeyman Plumber's Litense shall be issued to every person who demonstrates satisfactory completion Of four year's experience as an apprentice plumber, and successfully passes the examination con- ducted by the Board of Examiners of Plumbers. The fee for the first li- cense shall be $25.00. SECTION 111. REPEALER. Ordinance No. 2710 and all ordinances an parts of ordinances in con- flict with the provisions of this ordinance are hereby repelled. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the vali- dity of the Ordinance as a whole or any sect- ion, provision or part thereof not adjudged invalid or unconstitutional_ SECTION V. EFEECTIVE DATE. This Ordinance shal a to a feet after its final passage, app ruval a publication as required by law. Passed and approved 's' 1st ay. of Fepruary, ,1978. !//7J!//�„�BCaG� MAYOR ATTEST w � March 1, 1978 d_eek ORDINANCE NO. 78-2878 AN ORDINANCE AMENDING ORDINANCE NO. 77-2874, WHICH ADOPTED THE UNIFORM PLUMBING CODE WITH CERTAIN AMENDMENTS, OF THE MUNICIPAL CODE OF IOWA CITY. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to correct a typographical error in Ordinance No. 77-2874. SECTION II. AMENDMENT. Section IX is hereby amended to read as follows: SECTION IX. LICENSING STANDARDS. The Board of Examiners shall issue licenses pursuant to the following provisions: A. A Master Plumber's License shall be issued to every person who demonstrates satisfactory completion of one year's experience as a journeyman plumber, and successfully passes the examination con- ducted by the Board of Examiners of Plumbers. The fee for the first license shall be $75.00. B. A Journeyman Plumber's License shall be issued to every person who demonstrates satisfactory completion of four year's experience as an apprentice plumber, and successfully passes the examination con- ducted by the Board of Examiners of Plumbers. The fee for the first li- cense shall be $25.00. SECTION III. REPEALER. Ordinance No. 2710 and all ordinances and parts of ordinances in con- flict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the vali- dity of the Ordinance as a whole or any sect- ion, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 21st day of February, 1978. 'In . , - M YOR ATTEST: CITY C 'J Ord. No. '..-x.878 -2- It was moved by Balmer and seconded by Neuhauser tat the Ordinance be finally adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x de Prosse x Erdahl x Neuhauser x Perret x Roberts x Vevera First Consideration Moved by Balmer, seconded by Neuhauser, Vote for passage: that the rule requiring ordinances to be considered and voted on for passage Second Consideration at two Council meetings prior to the Vote for passage: meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: deProsse, Erdahl, Neuhauser, Roberts, Vevera, Balmer. Nays: none. Absent: Perret. RECEIVED & APPROVED 'a$ 'IBE LEGAL DEPARTMENT 0 • �`�Ji'/ /ny%/,/j/�'/ CIVIC CENTER 110 E. WASHINGTON 5T. 52240 IOWA CITY, IOWA SY1�0 3lo-u4-leoo STATE OF IOWA ) JOH14SON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2879 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 21st day of February , 1978 , all as the same appears of rector �_ n my office and published in the Press Citizen on the 28th- day of February 19 78 . Dated at Iowa City, Iowa, this 17th day of 19 78 April Abbie Stol us, Ciry Cler Printers fee ll CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESSLTTIZEN 1, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper times, on the following dates: Cashier 0 6� Subscribed and sworn to before me this _,L y ofc�— A.D. 193-Y--. Public No._h III MARTINA M MEYER At MY COMMISSION EXPIRES SEPTEMaIR 30, 1979 OFFICIAL PUBLICATION ORDINANCE N0. 78-2879 AN ORDINANCE AMENDING fAFILAB REGULATIONS By CHANGE. .E DAIFS THE CERTIFICATE OF P IC CONVR!- IFNCE AI$ NCCES TY A C_YµCO AND By ANE MG "11S 16"6n-1144 BY A(P 1NG SECTION 5.16.6 01 SECTION 41 OF ORDINANCE NO. 77-2844 AND &ACTING NEW PROVISIONS IN LIEU 11111 SECTYOB J. PURPOSE. The purpose of this d ECT]la:n s to change the term for O which the certificate of public conveniefi drM necessity is valid. Presently the tlfrm of the certificate is the first day Of May of each year to the last day Of April of the year following. Under the amend- ment the term shall be from the fiat day in March of each year to the last day of February of the year following. C$_C11DN 2_. aMENUMENT. Section 5.16.6 of ZION O r mance No. ion 5.4 shall now read as follows: 5.16.6 CERTIFICATE OF PUBLIC CONVEN- IENCE AND NECESSITY. a. Certificates shall be valid begin- ning on the first day of March of each year, and shall expire on the last day of the February next follavtnq. Re- newal of a certificate shall follow the same procedure as set for issuance of an initial certificate. b. No certificate shall be issued or continued in operation unless the holder thereof has paid a fee as set by City Council resolution. c. In uses where certificates are issued On Or after the first day Of September in each year, ore -half (',) only of the fees established in sub- section b. shall be paid. SECTION e. REPEALER. Ail ordinances and parts o- ro"nd�in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, prov s on or part o t e Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall runt affect the validity of the Ordinance as a whole or any section, provision or part thereof not ad- judged invalid or unconstitutional. SECTION S. EFFECTIVE NATE. This Ordinance shall be in effect after Tts final passage. approval and publication as required by law. Passed and adopted this 21st day of February, 1978. ie Rumtxj m. vLvcM.dC YOR ATTEST: AEEifI �L�K February 78. 1978 ORDINANCE NO. 78-2879 AN ORDINANCE AMENDING THE TAXICAB REGULATIONS BY CHANGING THE DATES THE CERTIFICATE OF PUBLIC CONVEN- IENCE AND NECESSITY ARE VALID AND BY AMENDING ORDINANCE NO. 77-2844 BY REPEALING SECTION 5.16.6 OF SECTION II OF ORDINANCE NO. 77-2844 AND ENACTING NEW PROVISIONS IN LIEU THEREOF. SECTION I. PURPOSE. The purpose of this amendment is to change the term for whi& the certificate of public convenience and necessity is valid. Presently the term of the certificate is the first day of May of each year to the last day of April of the year following. Under the amend- ment the term shall be from the first day in March of each year to the last day of February of the year following. SECTION 2. AMENDMENT. Section 5.16.6 of Section II of Ordinance No. 77-2844 shall now read as follows: 5.16.6 CERTIFICATE OF PUBLIC CONVEN- IENCE AND NECESSITY. a. Certificates shall be valid begin- ning on the first day of March of each year, and shall expire on the last day of the February next following. Re- newal of a certificate shall follow the same procedure as set for issuance of an initial certificate. b. No certificate shall be issued or continued in operation unless the holder thereof has paid a fee as set by City Council resolution. c. In cases where certificates are issued on or after the first day of September in each year, one-half ('z) only of the fees established in sub- section b. shall be paid. I Ord. No. 78-2879 Page 2 SECTION #. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not ad- judged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted this 21st day of February, 1978. ROBERT A. VEVERA, MAYOR ATTEST: ABBIE STOLFUS, C Y CLERK It was moved by Neuhauser and seconded by deProsse that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration Moved by deProsse, seconded by Neuhauser, Vote for passage: that the rule requiring ordinances to be considered and voted on for passage at two 2nd consideration Council meetings prior to the meeting at Vote for passage: which it is to be finally passed be sus- pended, the first and second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Vevera, Balmer, deProsse, Erdahl, Neuhauser, Roberts, Nays: none. Absent: Perret. RECEIVED & APPROVED BY TEE LhGAL DEPA1 MENS' /d CIVIC CENTER, 110 E. WASHINGTON ON 5T. SY240 IOWA CITY, IOWA Y�O 3111,354-18M STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2880 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 28th day of February , 1978 , all as the same appears of recor=in my office and published in the Press Citizen on the 8th day of March , 19 78 Dated at Iowa City, Iowa, this 17th day of 1978 April a- C ie Stolfus, tyCler Printers fee: O v7 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper _g2te times, on the following dates: Cashier Subscribed and sworn to before me this CL— day of A WAI A.D.19—?7---. Notry Public Nor7Ia rib . � MARTINA M MEVER I:r .► MY COMMISSION EXPIRES fay SEPTEMBER 30, 1979 OFFICIALPUr -ATION OHDIVYCE ♦.-. w0 AN ORDIUNCI ANELOING OROINANCE N0, 76-2820 TO UNIT TX[ USE OF IOTORIZED VEHICLES TO DARK ROADS *RI1Qp��M PROHIBIT THE USE OF PARK INDS BY UK= VEHICLES. SECTION 1. s''Thm e in, 0 of this Ornance T, to Dro use of snorObiles in low CitY Dirks and W rMtrict the use of Istocycles and other recreatiaoal vehicle, to Dark rads Within the -Darks. SECTION 2. A1ENCEIR. Section 3.34.5 of Ordinknce t re Y 'Ns"Wed by adding the foll> ing section: R. The operation of Not tired vehicles is restricted to Dark roads. Unlicensed NOW- rited vehicles aro prohibited Within the Parks. SECTION 3. R IMCR All ordinances and parts of a nances n IM ict With the Provisions of this oedioahce an hereby repealed. SECTION t. SEVERABILITY. If AnY section, Provision Or per o t r lance shalt beedj.drd to be invalid or unconstitutional, such NOWii cation still Hot affect the validity of the 0rdinance as a Nbole or a, section. provision or Part thereof not addW- ged invalid or immnstitut IO"l. S,c1W 5. I CTIVE Can. This Ordinance ll ask n e « • sti tar s ha "$"F*. approval and pW- lication as rtauired by la. Passed and adapted this 2Bth day of Fehrw Y , 1978. A VEYE N1Y ATTEST. March B, 197a 1 ORDINANCE NO. 78-2880 cc AN _JINANCE AMENDING ORDINANCE NO. -2820(76-a g o) TO LIMIT THE USE OF MOTORIZED VEHICLES TO PARK ROADS AND TO PROHIBIT THE USE OF PARK ROADS BY UNLICENSED VEHICLES. SECTION 1. PURPOSE. The purpose of this ordinance is to prohibit the use of snowmobiles in Iowa City parks and to restrict the use of motocycles and other recreational vehicles to park roads within the parks. SECTION 2. AMENDMENT. Section 3.34.5 of Ordinance No. 76-2820 is hereby amended by adding the follow- ing section: R. The operation of motorized vehicles is restricted to park roads. Unlicensed moto- rized vehicles are prohibited within the parks. SECTION 3. REPEALER All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjud- ged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and pub- lication as required by law. Passed and adopted this 28th day of February , 1978, ROBERT A. VEVERA, MAY R ATTEST: BBIE STO FUS, CIJY CLERK A Ordinance No. 78-2880 Page 2 It was moved by deProsse and seconded by Neuhauser , that the Ordinance be adopted, and upon roll call there were: AYES NAYS ABSENT: Ist consideration 2/14/78 Vote for passage: y� es: 7erret, deProsse, Erdahl, Neuhauser. 2nd consideration 2/21/78 Vote for passage: y—A es:�evera, Neuhauser, Roberts. Nays: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Roberts, Vevera, Balmer, Nays: none Balmer, deProsse, Erdahl, none. Absent: Perret. RECEIVED & APPROVED BY THE LEGAL DEPARTM Z �• /may%/�//�, CIVIC CENTER IID E. WASHINGTONST. IOWA CITU. IOWA 522102240 SIo-2e/-1eoo STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2881 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 28th day of Febrgr , 1978 , all as the same appears of record in my office and published in the Press Citizen on the 8th day of March , 19 78 19 78 Dated at Iowa City, Iowa, this 17th day of April , A ie StolLC"ty 91lerk w'7 Printers fee E `� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is he eto attached, was published in said paper 4V times, on the following Subscribed and sworn to before me this dayof 'HL. It 74� Ir ry Public No.2/eft( MARTiNA M. MEYER MY COMMISSION EXPIRES neat SEPTEMBER 30, 1979 OFFICIAL PUBLICATION NOINANCt Ni 78-2881 AN ORDINANCE TO REQUIRE GAS, ELECTRIC, AND Cq NICA- TION FRANCHISE HOLDERS TO NNE CERTAIN OF THEIR FACIL- ITIES WITHIN THE CITY OF IOWA CITY, INA, ANO TO IN- STALL THEM UNDERGROUND; TO REQUIRE UTILITY CUSTOMERS IN CERTAIN ARDS TO REMOVE ARNEGRNND UTILITY INSTal- LATIONS AND INSTALL THEN UNDERGROUND; AND MKNIOING PROCEDURES AND STANDARDS FOR EXEMPTIONS FROM TiiE REQUIREMENTS. BE IT ORDAIRED'BYtNE COUNCIL OF THE CITY OF INA CITY INA: SECTION I. PURPoSE. The City Council finds that five W�terest requlre5 that all facilltles and Wires used in supply4ed, gas, electrical, aha Olrnnnldat,.n sdwalcas In the Iowa City central business district shall be placed underground, axceGt as Otherwise provided in this ordinance. SECitON IL DEFINITIbNs The following definitions I app Y [o s o mance. A. Unlit or Utilities shall mean and include, but not be limits try gas, electrical or communication serv4es and all persons from ldiog the same. B. District shall mean and include the ora in Iwontl y, (iuwa. specifically described to Section 111. C. Service terminal shall mean transformers aha piwJ..mte3swn W ear, but Net including connecting wiring. SECTION Ill. DISTRICT.' The term "Distract" shall mean certA n t♦ elitory located in Iowa City, Iowa, and described as follows: The ora limited on LNM North by the dallier lane of Washington Street, on the East by thrpenter line of Linn Street, aha An the South by the center If AN, Of Goort Street. and on the Nest by the center line of Madison Street. 5, and Ordinance Ad. 2170, Section a, m of the City of Iwo City. Iowa, you are notified that he City of Iowa City req, you related all your gat aha ATATtrid, tions within the district, except as otI exwp pted, to arapriate underground lo, from the city, aha shall on coed by the the, that urban removal e district Ms been substantially I .tfTity installations within the installed only upon the written City Engineer. B. Notice to the Merican Tnlx. codified as Chapter IJ, Section 3, 1951 Code of Orninanceikof Iowa City, Iowa, you are hereby notified that the City of lou City requires that you relocate all your communtcati ens installations within the district. except as otmorwase exempted, to Appropriate unflerground locations, all to take place in conjunction with urban removal construction. All utility installations shall Na expeditiously relocated underground upon notice from the City, aha shall be completely installed by the them, that urban renewal construction in the district has N men suDatantiaily completed. All uiiT inaWlla- eipns within the district SN11 be installed only upon the .ritten approval of the City Engineer. C. Notice to Utility Cus towers within the District and the City in writing once the underground - service is available. Within six (6) months from the date OF notification, all utility custmvers within the district shall reMve their e6ove- ground utility installations aha replace then With under -grouts Installations. unless granted an exemption pursuant to section V of this ordinance. 2. All such above -ground Ie,,Ilatlons rot so removed within six (6) months from the, date the utility hat given the notice specified in section IV(0(1) above lay be removed in accordance with terms of the Iowa city Wmimstrative Cres, Or other applicable law. The tests of such rmoval may be assessed against the owner of the property. 3. Sia (6) months after the date the utility has given the notice specifies in Section IV( Ill) of this ordinance, no utility shall 'be required to give utility servfces to its rusteners within the district if they have not converted their Adove- orouM utility inetallataons W underground installa- tions. or obtai feel an exmption. SECTION V. EXEMPTIONS. The provisions of this oMmN not apply W the following installa- tions: A. pules used mac les ively for police and fire alarm boxes .traffic control fad 111 ti es, AM any similar municipal equipment, except that Connecting Miring shall he uMergTOund. B. Poles used es.lusively for street lightiy, except that connectingNring shall be underground. C. Service terminals installed above ground used to distribute calmmniation, IN he electric service in underground systems. .0. Any installation may b, exempted free the reguirdments of this Ordinance in writing by the City Engineer. The City Engineer shall serve any denial of a requested exemption upon the party requesting the exemption by certified if, return receipt merest". My party denied an exemption may appeal the denial by filing a written statement of appeal, blow statwent shAl contain the reasons for the app., %itb the City Clerk witnin ten days from the receipt of the denial. Any person filing A timely appeal shall be gratified a heart" before the City Council. At the heating, the Council shall consider the following factors in deciding the appeal: (1) technical necessity: (2). whether the test of undergrounding a specific component of a system is unreasonably large in comparison to the cost of underground -the system, as a whole: AM (3) .nether the .at of undergrouMing all or part of A utility customer's ponnecting 7 wiring or other equi,mant is unreasonably large when cdeparma to the pub)to benefit that would result fron undergrounding the said connecting wiring or other egui,eent, due to (A) the distance from the public right-of-way or other place where the uti I I ty's service is located to the utility custoner's property. or (2) the unique "Tical character- istics of the utility customer A property, or of other properties between the utility's service and Use, utility customer's Property. (41 any other relevant factor. In mktrg this decision, the Council shall keep in mind the general policy in favor of under,mueling all utilities in the district. SECTION VI. The City Clerk is directed to mil a copy of this ordinance to each Iowa City franchise holder by certified ell, return receipt rewested. SECTION all. REPEALER. All ordinances or parts 0 or nand cediT/Tict with the proMsions of this ordinance are repealed. except that nothing in this ordinance shall be damaged to repeal any part of any Iowa City franchise ordinance affecting gas. electrical or communications installations AM facilities. SECTION VIII. SAVINGS CLAUSE. If any section, Drovrsron or par o N s or mice shall ha adjudged invalid or uncenstitetlonal, such adjudica- tion shall not affect the validity of The ordinance as a whole Or any fectiop. provision, or part thereof not adjudged invalid or unconstitutional. SECTION IF. EFFECTIVE DATE, This ordinance stall be n effect anti final passage. approval aha publication as reguirM by law. passed AM adopted This now day of February. 1978 u .44 /iia �����- V ERK March 8, 1978 ORDINANCE NO. 78-2881 AN ORDINANCE TO REQUIRE GAS, ELECTRIC, __ COMMUNICA- TION FRANCHISE HOLDERS TO MOVE CERTAIN OF THEIR FACIL- ITIES WITHIN THE CITY OF IOWA CITY, IOWA, AND TO IN- STALL THEM UNDERGROUND; TO REQUIRE UTILITY CUSTOMERS IN CERTAIN AREAS TO REMOVE ABOVEGROUND UTILITY INSTAL- LATIONS AND INSTALL THEM UNDERGROUND; AND PROVIDING PROCEDURES AND STANDARDS FOR EXEMPTIONS FROM THE REQUIREMENTS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The City Council finds that the public interest requires that all facilities and wires used in supplying gas, electrical, and communication services in the Iowa City central business district shall be placed underground, except as otherwise provided in this ordinance. SECTION II. DEFINITIONS. The following definitions shall apply to this ordinance. A. Utility or Utilities shall mean and include, but not be limited to, any gas, electrical or communications services and all persons providing the same. B. District shall mean and include the area in Iowa City, Iowa, specifically described in Section III. C. Service terminal shall mean transformers and pad -mounted switchgear, but not including connecting wiring. SECTION III.. DISTRICT. The term "District" shall mean certain territory located in Iowa City, Iowa, and described as follows: The area limited on the North by the center line of Washington Street, on the East by the center line of Linn Street, and on the South by the center line of Court Street, and on the West by the center line of Madison Street. is Gas and Electric Company: Pursuant to Ordinance No. 2169, Section 5, and Ordinance No. 2170, Section 4, ordinances of the City of Iowa City, Iowa, you are hereby notified that the City of Iowa City requires that you relocated all your gas and electrical installa- tions within the district, except as otherwise exempted, to appropriate underground locations, all to take place in conjunction with urban renewal construction. All utility installations shall be expeditiously relocated underground upon notice from the City, and shall be completely installed by the time that urban renewal construction in the district has been substantially completed. All utility installations within the district shall be installed only upon the written approval of the City Engineer. B. Notice to the American Telephone and Telegraph /3 Compan lorthwestern Bell Telephone Co y): -Ord. No. 78-2881 Pursuant to Ordinance No. 502, Section o, ast Page 2 codified as Chapter 1J, Section 3, 1951 Code of Ordinances of Iowa City, Iowa, you are hereby notified that the City of Iowa City requires that you relocate all your communications installations within the district, except as otherwise exempted, to appropriate underground locations, all to take place in conjunction with urban renewal construction. All utility installations shall be expeditiously relocated underground upon notice from the City, and shall be completely installed by the time that urban renewal construction in the district has been substantially completed. All utility installa- tions within the district shall be installed only upon the written approval of the City Engineer. C. Notice to Utility Customers within the District: T. The utility shall notify both the customer and the City in writing once the underground service is available. Within six (6) months from the date of notification, all utility customers within the district shall remove their above- ground utility installations and replace them with under -ground installations, unless granted an exemption pursuant to section V of this ordinance. 2. All such above -ground installations not so removed within six (6) months from the date the utility has given the notice specified in section IV(C)(1) above may be removed in accordance with terms of the Iowa City Administrative Code, or other applicable law. The costs of such removal may be assessed against the owner of the property. 3. Six (6) months after the date the utility has given the notice specified in Section IV(C)(1) of this ordinance, no utility shall be required to give utility services to its customers within the district if they have not converted their above- ground utility installations to underground installa- tions, or obtained an exemption. SECTION,V. EXEMPTIONS. The provisions of this ordinance shall not apply to the following installa- tions: A. Poles used exclusively for police and fire alarm boxes, traffic control facilities, and any similar municipal equipment, except that connecting wiring shall be underground. B. Poles used exclusively for street lighting, except that connecting wiring shall be underground. C. Service terminals installed above ground used to distribute communication, gas or electric service in underground systems. D. Any installation may be exempted from the requirements of this ordinance in writing by the City Engineer. The City Engineer shall serve any denial of a requested exemption upon the party requesting the exemption by certified mail, return receipt requested. Any party denied an exemption may appeal the denial by filing a written statement of appeal, which statement shall contain the /5� reasoi )r the appeal, with the City ( k within `Ord. No. 78-2881 ten days from the receipt of the denial. Any Page 3 person filing a timely appeal shall be granted a hearing before the City Council. At the hearing, the Council shall consider the following factors in deciding the appeal: (1) technical necessity; (2) whether the cost of undergrounding a specific component of a system is unreasonably large in comparison to the cost of underground- ing the system as a whole; and (3) whether the cost of undergrounding all or part of a utility customer's connecting wiring or other equipment is unreasonably large when compared to the public benefit that would result from undergrounding the said connecting wiring or other equipment, due to (a) the distance from the public right-of-way or other place where the utility's service is located to the utility customer's property, or (2) the unique physical character- istics of the utility customer's property, or of other properties between the utility's service and the utility customer's property. (4) any other relevant factor. In making this decision, the Council shall keep in mind the general policy in favor of undergrounding all utilities in the district. SECTION VI. The City Clerk is directed to mail a copy— of the ordinance to each Iowa City franchise holder by certified mail, return receipt requested. SECTION VII. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed, except that nothing in this ordinance shall be deemed to repeal any part of any Iowa City franchise ordinance affecting gas, electrical or communications installations and facilities. SECTION VIII. SAVINGS CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudica- tion shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. SECTION IX_ EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted this 28th day of February, 1978. a: MAYOR CITY CLERK /S Ordinanc 1. 78-2881 Page 4 It was moved by Neuhauser , seconded by Perret that the Ordinance as reaT-be adopted and upon roTT call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera First consideration 2/14/78 Vote for passage: Ayes: Perret, Roberts, Vevera, Balmer, deProsse, Erdahl, Neuhauser. Nays: none. Second consideration 2/21/78 Vote for passage: Ayes: Balmer, deProsse, Erdahl, Neuhauser, Roberts, Vevera. Nays: none. Absent: Perret. Received 8 Approved sy_T8 `¢i Do an"'Mpt IGN /t �•'�/ny,'/ `/ny//�/j/�,, KA" 70'- CIVIC CENTER, 410 E.WA52240 5T. V !!S?� IOWA CITU, IOWA 5P3�0 319 -354 -ISM STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2882 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 07th day of March , 1978 , all as the same appears of recorc'in my office and publishedin the Press Citizen on the 16th day of March , 19 78 Dated at Iowa City, Iowa, this 17th day of April 19 78 J / 9 Abbie Stolfus, Ci Clerk Printers fee . i3 97 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper 12" times, on the following dates: Uv� Cashier Subscribed and sworn to before me this,2 day of !I '^ It A.D. 194L—. `eA ,_� Nota Public No.3lna1-L a�.�` s� MAHTINA M METER *�* MY COMjdiSS1UN EXPIRES '•ea SEPTEMBER 30: 1979 OFFICIAL PUBLICATION ORDINANCE NO. 78-2862 AN ORDINANCE AMENDING ORDINANCE NO. 77-2859 NN ICN'ADOPTEB:.THF UNI FbOM'8111LDING CODE, 1976 EDITION AS A14ENCED TO DELETE THE AMOUNTS OF BUILDING PERMIT- -- FEES SECTION I. PURPOSE. The purpose of this Or nance is t0 TeTete the section which sets building permit fees. SECTION II. AMENDMENT. Section 303(x) is re y amen to rea as follows: Section 303(a) Building Permit Fees. A fee for each building permit shall be paid to the building official as. established by resolution of Council. Where work for which a permit is re- quired by this code is started prior to Obtaining a permit, the fee specified above shall be doubled. The payment of a double fee shall not relieve Persons from fully compling with the requirements of this code in the execution of the work nor from any Other penalties prescribed herein. SECTI OWII I. REPEALER, All ordinances end parts of or na nces n,cOnfl ict with the pro- visions of the ordinance are hereby repealed. SECTIOon or N tV. SEVERABILITY... If any section, 4 prov s part of the Grdinance shall be adjudged to be Invalid or unconstitutional, such adjudication shall not affect the vali- dity of the Ordinance as a whale or any section, provision or Part thereof not adjudged invalid or unconstitutional. SECTION Y. EFFECTIVE DATE. This Ordinance s i n e ect a ter is final passage, approval and publication as required by law. Passed and adopted this 7th day of March 1978. EI' V VERA, MAYOR :$]I#� a ?I��➢irif���i�:ff March 16, 1978 A r ORDINANCE NO.78-2882 AN ORDINANCE AMENDING ORDINANCE NO. 77-2859 WHICH ADOPTED THE UNIFORM BUILDING CODE, 1976 EDITION AS AMENDED -TO DELETE THE AMOUNTS OF BUILDING PERMIT FEES SECTION I. PURPOSE. The purpose of this Ordinance is to delete the section which sets building permit fees. SECTION II. AMENDMENT. Section 303(a) is hereby amended to read as follows: Section 303(a) Building Permit Fees. A fee for each building permit shall be paid to the building official as established by resolution of Council. Where work for which a permit is re- quired by this code is started prior to obtaining a permit, the fee specified above shall be doubled. The payment of a double fee shall not relieve persons from fully compling with the requirements of this code in the execution of the work nor from any other penalties prescribed herein. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the pro- visions of the 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 adjudication shall not affect the vali- dity 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 be in effect after its final passage, approval and publication as required by law. Passed and adopted this 7th day of March 1978. ROBERT A. VEVERA, MAYOR ATTEST: ABBIE STOLFUS, C TY CLERK RECEIVED & APPRO•"_) ffi ME LEGA-+ DEPAR'TULNT 3- ->& AZ /% Ord. #io-L882 -2- It was moved by Neuhauser an( seconded by PerrPt that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer _x deProsse x Erdahl x Neuhauser x Perret x Robert x Vevera 1st consideration Moved by Neuhauser, seconded by Balmer, that the rule requiring ordinances to be considered and 2nd consideration 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: Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse, Erdahl. Nays: none. 6 �• CIVIC CE 410 E. WASHINGTON ST. IOWA CITY. IOWA 52240 310.354-1800 G STATE OF IOWA ) JOHNSON COUNTY ) I. Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2883 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 7th day of March , 1978 , all as the same appears of rec�in my office and publishedin the Press Citizen on the 16th day of March , 19 78 Dated at Iowa City, Iowa, this 17th day of April , 1978 I Ab ie Stolfus, City Jerk /11 Printers fee;�[4s� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is h eto attached, was published in said paper times, on the following da r Cashier Subscribed and sworn to before me thisohL_ day of / 1 \ l A.D.19�. I Tdtary Public No.ZLe-tIL ` MARTINA M. MEYER MY COMMISSION EXPIRES 4n SEPTEMBER 30, 1979 OFFICIAL. PUBLICATION ORDINANCE NO. 78-28B3 AN ORDINANCE AMENDING ORDINANCE NO. 77-2874 WHICH ADOPTED THE 1976 EDITION OF THE UNIFORM PLUMBING CODE WITH CERTAIN AMENDMENTS BE IT EXALTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOW: SECTION_ 1. POSE. The purpose of this ounce is to amend the 1976 Edition of the Uniform Plumbing Code with certain amendments by deleting the fees set for the licensing of Master Plumbers and Journeyman Plumbers and by deleting the schedule of f"s for permits. These shall be set by resolution. SECTION 2. AMENDMENT. Section IX Licensing Standards is hereby amended to read as follows: A. A Master Plumber's License sh'be Issued to every person who denunstratef4tis- factory completion of one year's experience as a journeyman pl caber, and successfully passes the examination conducted by the Board Of Examiners of Plumbers. The fee for the li- cense shall be set by resolution. B. A Journeyman Plumber's License shall be issued to every person who demonstrates satisfactory completion of 4 year's experience as an apprentice Plumber, and successfully passes the exfallnation conducted by the Board of Examiners of Plumbers. The fee for the license shall be set by resolution. SECTION 3.- AMENDMENT. Section XII Renewals is hereby semended to read as follows: Section XII. Renewals. Every license shall expve On cem r 31st of esch year, unless revoked. The renewal fees shall be set by resolution. - 11cillN 4. AMENDMENT. Section XXI is hereby amended a�ol lows: Section XXL Cost of Permit. An applicant shat pay the elmo forth Ey resolution. SECTION 5. 'REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 6. SEVERABILITY. If any section, provision or parte ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the vali- dity of the ordinance as a whole or any section, pro" Sion or part there0f.not ad- judged invalid or unconstitutional. SECTION 7. EFFECTIVE DATE. This ordinance -sem ,y be nfie t after i a final passage, -approval and publication as required by law. Passed and adopted this 7th day of March 1978. TOBERT A. VCVE Y 0. ATTEST: C March 16, I978 ORDINANCE NO. 78-2883 AN ORDINANCE AMENDING ORDINANCE NO. 77-2874 WHICH ADOPTED THE 1976 EDITION OF THE UNIFORM PLUMBING CODE WITH CERTAIN AMENDMENTS' BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordi.ance is to amend the 1976 Edition of the Uniform Plumbing Code with certain amendments by deleting the fees set for the licensing of Master Plumbers and Journeyman Plumbers and by deleting the schedule of fees for permits. These shall be set by resolution. SECTION 2. AMENDMENT. Section IX Licensing Standards is hereby amended to read as follows: A. A Master Plumber's License shall be issued to every person who demonstrates satis- factory completion of one year's experience as a journeyman plumber, and successfully passes the examination conducted by the Board of Examiners of Plumbers. The fee for the li- cense shall be set by resolution. B. A Journeyman Plumber's License shall be issued to every person who demonstrates satisfactory completion of 4 year's experience as an apprentice plumber, and successfully passes the examination conducted by the Board of Examiners of Plumbers. The fee for the license shall be set by resolution. SECTION 3. AMENDMENT. Section XII Renewals is hereby amended to read as follows: Section XII. Renewals. Every license shall expire on December 31st of each year, unless revoked. The renewal fees shall be set by resolution. SECTION 4. AMENDMENT. Section XXI is hereby amended as follows: Section XXI. Cost of Permit. An applicant shall pay the fee set forth by resolution- �9 Ord. No. 78-2883 -2- SECTION 5. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 6. SEVERABILITY. If any section, provision or part of t e ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the vali- dity of the ordinance as a whole or any section, provision or part thereof not ad- judged invalid or unconstitutional. SECTION 7. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted this 7th day of March 1478. a� ROBERT A. VEVERA, MAYOR ATTEST: ABBIE STOLFUS, UTY CLERK It was moved by Roberts and seconded by NeUhauser that the ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x_ deProsse _x— Erda hl _x Neuhauser _x Perret x Roberts x_ Vevera 1st consideration Vote for passage: 2nd consideration Vote for passage: JECEIVED & APPROVED my MM LWAL DEPARTMENT /�� ri Moved by Roberts, seconded by Neuhauser, that the rule re wing 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: Vevera, Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts. Nays: none. �U • K# `/ CrvIC CENTER, SIO E. WASHINGTON ST. 61`/!~ # IOWA CITY, IOWA 52240 31F3611l00 STATE OF IOWA JOHIISO14 COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2884 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 7th day of March , 1978 all as the same appears of rector in my office and pub fishedin the Press Citizen on the 20th day of March , 19 78 Dated at Iowa City, Iowa, this 17th day of April , 1978 i Abbie Stolfus, CjVty Clerk OFF I C I AL PLIBL I CATION ORDINANCE M0. 7&21154 AN ORDINANCE AMENDING THE MUNSCR'AIJ CODE. OF IOWA CITY, IOWA, -BY ADOPTING TME 1978 EDITION OF THE NATIONAL ELECTRICAL CODE Nip( CERTAIN ADDITIONS ANO -AMENDMENTS THERETO; REPEALING CHAPTER.9,20 OF THE MUNICIPAL CODE OF IOW CITY, IDWA,. AND ENACTING A NEN CHAPTER IN LIEU THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. PORPOISE. The purpoSO of this Ordinance is to adopt Edition of the National Electrical Code published by the National Fire Protection Association, commonly referred to as the "National Electrical Code' with certain additions and amendments thereto to provide for the protection of the health, welfare, and safety of the citizens Of Iowa city, Iowa. SECTION IT. 'ADOPTION. Subject to ted following ahendmen�l97ii Nacional Electrical Code is hereby adopted. SECTION'i I1. AMENpMENiS. , This . T1---ftT— TMs article. and all provisionsOthrse Incorporated ove4d herein by reference or Otherwise. be. shall b knewd uch, as the "Electrical Cade". may be titch as such, dna will e' referred he herein s such dna has e "Nis cob'. Where the Net of 1 Cade of the City of lova Cfty is the suDject�feretce In this article, it will b referredto herein as "Iwo urease. Of this Code, the followlnh definitions apply: ri c_al�In�s�lcLor - small be appointed by the na1G ger erld responsible to the Building fal 3or the enforcement of the Electrical and regulations Of the City. rical Work - shall mean all uses, installations, a pZ?ns, repaHs, rmpvels. replaieronts, COONS, disconnections and maintenance of all Tb provisions -of this Code shall apply to the electrical conductors and Mgofpnent Installed within or vie public and priva4 structures and' premises: also this conductors that connwt the installations to a supply Of electricity, and other Outside Conductors adjacent to the premises; also emblle Mmes used for bonen occuWnCY within Iwo City. Mdltfors. allaratiMs and repairs to existing electrical equipment shall comply with the provisions of this Code. 9.20.4. Moved Bal l din s - StrucNrea rev nto or within the City shall Comply with the provision, of this Code for peal structures. 9.20.5 Powers and Duties of the Electrical Ins actor The i.tic.T Inspector Shall have the rfgb to enter upon any property hurling reasonable Mors In the discharge of his/her Official duties, and shall have the authority to cause the disconnection . of any wiring or equipment where such.wiring or equipment is dangerous to life or promrty or may interfere with the work of the Fire Department. TM ¢tactical insmctor may inspect any and all electrical installations within the City. He/she nay approve, condemn and order removed or remodeled and put in proper•and safe condition for the Prevention of fire and this safety of life, all electrical bail ng and lighting apparatus. motors, machinery, fixtures and connections, electrical aqui haven[ used in the utilization of electrical current for light, bat or Power purposes and to control the disposition and arrangements of the some. The electrical inspector shall Not engage in the business of the Sale. Installation. or maintenance of electrical end posent either directly or indirectly, and shell have no financial interest In any firm engages in such business in the City of Iowa City at any Or while holding office: 9.20.6. A ea is My Person aTReTed by any action, interpretation or notice issues by the electrical inspector with aspect to this Code may, in writing, appeal to The Board for consideration in accordance with the procedures setfooth In the Iowa City Administrative Code. 9.20.E E1 tri Cal Board --Creation and Authority There is here y,creat an a ec tr'n arm referred to hereinafter, as "The Boars", which shall: A) Periodically review the electrical Code and make recolrbleMations thereto to the City Council. (b) Prepare and Conduct ,nit Can examinations, and examine the qualifications of applicants for the license's and certificates required by this article. (c) Suspend or revoke any Of the licenses or certificates required by this article, for due cause, as provided herein. (d) Act as a Saeed of appeals to Mar grievances arising few a decision of the electrical inspector and to provide for reysonable Interpretations consistent with Ne provisions of this Code. (e) Act as a Board of Appeals to approve or disapprove wiring systems not Specifically s'n w nst_e s, alters, repairs, maintains, ¢ anyzes any electrical equlpment, or electrical work In the City, or the sane to b'Fone In wiplatio)i of any of the provisions of this Code shall be guilty of a misaemeamr punishable by a fine get exceeding9 $100 or imDrlsOmment not excelling ted rty (30) days. 9.20.9. Li 'a 7Illations Any person Sir ng to take ingfiations for any of the licenses Or certificates required by this Code, shall make application to the electrical inspector. Each ap ljcatim stall be accompanied by a receipt from �e Duty for the examination fee, as set out hereafter. The examination shall be practical, written or oral, or a combination thereof, and shall be of Such a nature as to uniformally test toe capabfl Ries Of all applicants for the same type of license. The applicant shall clearly demonstrate to the board his/her qualnfnptibny for the particular license and show sa tlsfac toffy knprledge of the met Md@ and standards for doing electrical Fork under the Electrical Code of the City Of Iowa City, Iowa. If an applicant fails to pass an e a ination, he/she may apply far re- amfnatiow at the end Of Mk (6) months and upon payment of another examination fee. ease F . ee ex ab,, rlc-rs . .r=tl If es to of Psneu by r -e�_, .e. o i'.. Uc p c d P n All licenses sMT1 enp arty each year. any license that M1as ¢x11 red may be rein Stated withinz,.ty (60) days dixit'take expirat date upon payment ofreinstatement fee. Afte the ¢epi ra Cion piaaforementloiled slaty (60) I c day period, go Se or certificate shall be renewed except upon recunnendtlon of The Board 9.20.14. Re aired lie se with the Ct (j' W Person s a n5 , a ter. IM1I iIi A n. or t. Mas4r Elegtrifbn's leans.. �y prior to passage of this Code a new license without taking the Before a person can apply for a Master Electrician's License, he/sine most carry an Iowa City Journeyman's license Por opo year. Either a licensed master or journeyman electrician shall be on the job at all times Smile electrical Mork is i progress. The previsions of this sec tied small net apply ta. ( ) The electrical work par a public utility company,pars Lel¢endo¢ ar telegraph l war kyI nor int gral opo t oro thenplantc urea by such ,.many an company Ina rendering 'i is our, authorized service to the public. (b) A nebular employee of any railroad who does electrical work only as a part of that diapl0y- wrt. (c) The service of maintenance Of form air heating equipment providetl that such Service o ma Interval9 shall only include electrical work on electrical equipment that is part of such Xa rn air heating equipment. Such work shall include the Connection of warmair heating avian Peat to an existing individual branch circuit. (d) section 9-20,21. Whenever a Master Electrician's license i hasWed, It shill De in the name of the person wed qualified for it, No license shall be issued to the name of a firm or corporation. In the event all licensed electricians termIDa4 employment with a firm Or Corporation. the firm or corporation shall not be permitted to do any futher electrical work, except that work under previously issued permits may, at the discretion of the electrical lnspector, be completed. A Master Electrician who terminates his/her association with a fine or corporation shall notify the electri- cal inspector iimmediately. 9:23.13, ty54r Electr is Ian's Insurance Each Master El ectr c rhe--orppration employing a Master Electrician doing work under this ordinalme shall furnish with the City Electrf- Cal Inspector a copy of a certificate of in stating the liability amounts of $100.900 property damage and 11300,000 bodily injury and a Completed products provision. The City of Iowa City, Iowa. shall be notified thirty (30) days in advance of ini the termtion of the policy by the insured or 910.14- JourneyXun License Before a "ride can—haply for a dourneyman's license, he/she most have a minimum of one (I) year experience as an apprentice. 9.20.15. Maintenance Electrician's Certificate -- E R I ed tenenq. electrician's certificate shall be required of a, plrson who 1s a regular emPloytt of a manufactdring`n, industrial establishment. .no does electrical work for that establ9slmappt only, and wed maintains and keeps in a state Bf repair the existing. electrical NlUipnent within a building. or group of. Wildlngs. A maintenance electrician'F hestifigHto Soo 1 he Issued to any perWn wed sign?) diati,factuarily pass the mamigntion given by The Board. Any person maid Lq,a mtln4nance electrician's certificate issued by the City prior to passage of. this. Code shall be reissued renewals . of their certificates withi taking the examination hereinafter provided. The inztallatuo of any new or additional elVctri- cal equi pmdit of.any kind by this eider of a maintenance electrinan's certificate is hereby prohibited. Each maintenance electrician performing work under this Section shall keep an accurate record for the electfifll inspector, all Work performed in nch.buildtrg add shall, in the first days of -ifn uary, April. July and Octabr of men year, file a statement with the el detrital inspector the work mrfdmm1 during the preadu log three (3) months. Soon statement shall be made antler Path. 9.20.16. Restricted Electrician's License A restricted else trlcl n 5 ase .nail specify the types of electrical work which may be performed by the licensee. The licensee may perform only the type of Work specified on the 1Ken.e. 9.20.12. P it --A goired No Person 11all Frd', any elm,t,i cal work nOr install electrical egofpment in or upon any building or property without first securing a pe held therefore 9..20.18. 1Inc. Permits shall-de-Tssued in the name of the person holding an active Master Electrician's license and the new f the firm he/she -represents. All fi' a for electrical permits shallte gnrld�In2 a 77conand Master Electrician. 9.20.19.' NowTransferable--Permit Restrictions Permits are not transferable.— c of,-a tl under Darnit, Issued once, the provfsfons of In,, .,till. most be debt by the Master Claudia - clan securing such permit, his/her firm. or torpor ation except as provided for in Section 9.20.12. Cxcept ,e bergency sit4atlons, as determined by the electrical inspector, where Work is started by any poison prior to obtaining a permit, the fees for such work shall ne tripled. The payment of such tripled fee shall not relieve any persons from fully complying with the requirements Of this Code in the execution of the work nor from any other Penalties prescribed herein. NO additional Permits shall be issued to any peirsOn In violation of this section prior to the payment of the triple fee. 9.20.21. Mame Owner In ..... X -,. an Owner-.,cupant of a single RmY1y dwellim, desires to insta Fi electrical beef went or perform any electrical work in hfs/her single family structure, he/she mayappear before the el Metrical inspector and show that he/she is competent to d0 the specific work. b1tv, such Smoking, m/sine may obtain an eiettncal by paying the proper fee !.:2. Revocation of Permit' E1Dl ration Of Permit .. peon LL reqs u%a3y t, ne prov's�g is Code easy b revoked by the electrical tnapectOr upon the,v401atlon of any Opavision of this. Code. Every permit Issued under the provisions Of this Cade 'shall expire if the work authorized by won permit is not commenced within Sixty (60) days from the date of issuance of such permit. dr, if the work authorized by such pert is suspended or aMMoned for a period Of. One hundred twenty (120) days. Before such Work Can be redeposited a new Permit smell be "tafned„and the fee therefore shall 0e one-half (H) of the amount required for a P. permit.Provided that sucn suspension Cr abndO nt has at exceeded one (1) year. 9.20.23. Permit Fees the City of low City for Iectric.l permit a permit resolution of Council. It shall y of the person -noir, electri- cal work 4 notify the electrical inspector that said work is ready for inspection. The electrical inspector shall, without undue delay ,Wife, the required inspection and, if the work --day lies with the provisions of this Code, post an Inspection Notice on or Mar the work approve. Said Notice shall contain the dao and results of Such inspection. Work tent has no Notice attichld shall An considered , s� en inspection reinspection d HaenIve ssuch for . portion of Work for which inspection is called is mat Complete or when corrections called for are trot made. No electrical mark shall b concealed in any manner from access On sight until such Fork has been inspected and approved by the electrical inspK tor. The electrical inspector shall have the authority to remove or cause the removal of lath, plaster, Warding, or other obstruction which Trey prevent the Mover inspection of mires or electrical ¢qui pnent at the panni ttee's-expense. When an electrical contractor is notified that detects exist heyshe shall make c rrgctions within thirty (30) days after matiflcation. If Me corrections are not made, the electrical contractor shall not be Issued any Other permits until said defects are corrected. and approval given by the electrical inspector. , 9.20.Z5. lora City Amendments to National Electrical Code A. Kitchen mtl.t,. M Mint on a all snail be more than four (4) feet from an outlet when measured horizontally along the floor or table top lice. a. MS.Ht lighting Hxtures.. In all types of occupancies except industrial, one ganga hent lighting fixture shall be provided for each two Hundred (200) square feet of floor area. Stairway lighting Shall not be Included when calculating the required nubby, of fixtures for the gross floor area of moccasins or ell ars. L stairway lighting.neve M hated so that stair Liao..sshall l ower to shadowed by a plTrson using them. The light fixtures small be located at the top and the bottom of the stairs AM any dark a D. Electrically powered heatinq units, Stich as 011 burners, gas burners. Stas,,, Or 'other electrically controlled heating units shall use an approved number Of proton tfve devices on the electric supply ado control Hnes to limit the action of the equi Most when hazardous temperatures or conditions arise. NPM add old work shill be supplied by a separate circuit, with a Properly fused switch sit the heating unit. All beating units Shall be properly grounded. All wiring on the heating units shall be in electrical metallic tubing*,rigid conduit. or flexible metallic tubing. E. Exit lights. The exits from any room or building, public or private, used for public ga Nering whether for worship, lodge activity, retail store; or entertainment, shall have all exits properly lighted and designated 1,y an el.tH,.11y Illumiwted'all sign. All stairways Irl public buildings, 1111119 Mmes,” apartments. prerly reg 9 a t0 aid designatail storami. and tedls alb by ad be electrically illuminated efgn. Circuits far exit lighting shall b installed In raceway "separate from any other raceway" or Circuits of the building. Such circuits shall be connected ahead of the ma) 1 dfsconpBdt add, controlled independently.. F. The minima height of the service entrance head shall b twelve (12) feet aMYe the grouts or grade line. G. M service drop shall parallel a windrow or be located so as to prevent raising a ladder to the windpw. H. Services on ranch type builolms Were a entrance goes through the roof must berhet less than two (2) inch ef9id Steel a extended a Love the rodf not less than th . six (36) Inc Wes complete with we service head.., ` and thirty-six (36) inches o it evteddi from lg frservice head. Pipe 1s hesecured ured oti the all with two -Nle straps or the yeal ami vacancy proofed where It exteds thaw the roof. f 1. All Service entrances in the central bus ills district shall be rigid conduit. No zs rvfo¢, entre nee Shan he on through electric tubi,, 1. d,waselM walls Or partitions unless prpteeted by at least two (2) lochs " - of masonry construction. J. "Por installations in residential Doo an[t'� d 1 eerviees shalt it babasm. rare than one hundred (iQO) ampere. Individual Mmes mai Over two thousand five hundred (2,500) spud feet of floor space, including the Wassenti but ext luofng the garage, sNlI b awed with net less than two hundred (200) ampidni three (3) pole solid neutral entrance switch On equivalent, using dead front equipment.' K. Dower services. Three phase services shall be Classified as paver .....he, and may be used to supply power appliances and shall being, with all provisions of other types o services and shall not be less than sixty ) (amvere eapacfty- L All servile entrance Inc he ions in the central Electees dirl he district shall approved by the Electrical Inspector before instaile!ron. M. Each building shall to served with a single ,at Of service entrance condYc[prs. service conductors shall he proper}/'end through A single main discoosut. lb's The minimum service In a two-fadiy stiuoturt - may be run as two 100 ampere services. N. All circuits shall be continuous by means other than attachment to the receptacle outlets. G. All types of flexible metallic conduit and tubing may M panel where conduit must M !,shed into congealed places, or where subject to vi troll dM. or an light drips. A msximum length of flexible metal conceit of 12" any be exposed{ ~ flexible metal c.nduft is used, a himundin9.mnductor of equal current 9.20.26. T p r Electrical wort Temporary e M q aAr z d mean were Mich is obviously installed for the convenience or a contractor or builder during construction. Such work Shall be the complete responsibility of the person who installs It and shall require the Inspector's approval prior to being used. 9.20.21. Metal CommUIt work El matrical eq pawl: upon buildings within the City wind"" Ee of the class known as rigid metal conduit or electrical metallic tubing were. except where concealed in single family structures or 4n -family structures. including their garege5. and except in 1patleni subject W coRdslve action on metal, except as provided to Section 9.20.25.0. Wring that Is located bila grade shall M of a type approved for installation in wet locations. Basements and cella, shill be of a type approved Por installation In wet locations. Basements and cellars that are capable of being drained to floor level through a doorway opening onto a properly sloped exterior grade shall hot be considered to be located below grade for the purposes of this section. 9.20.28. Services and Eircuits--Separation from sera ce-mTrengm n and upon pal dlngs within the City $Mil M o1 the class shorn as `rigid metal condult or electrical metallic tubing. Mn -metal Hc.- except as herein provided. Other provisions of this section to the contrary notwithstarMinq, that portion of ea andM9round ervice lateral that Is installed by an electrical contractor, but Is demand and mairIained by e corporaexed tion lic6by law to engage in the business of supplytno and distributing electricity. may be of a, type used by a corporation for such en instal"'tion. 9.20.29. Furrishisa Current Prior to Approval of pa or eeepgre[ton generating current foc electnic light. beat or power in the City shill connect Its sotem or furnish current for electrical purposes to any building or premises which has not Dean Inspected and approved by the electrical nspector. My person or corporation shall, upon written notice from the electrical inspector to do So, immediately disconnect such building p penises iron its source of ...rent. 9.20.30. Exlitln B 11 in If an ax)st ng a amaged by firm. or oCMrtitsp, dr altered �a A manner t0 require the " of SO% or We Theentire t reWildinng SNII hefthe neus torconf ii,nuito gmnt, theregolremmts of this Cade for hew buildings. If the type of ec..mi of as existing building is partially ror entirely changed. the electrical - wiring shill M mein to conform to the requirexMnts.3' of this Coda Por the nen type of ..[pointy. 9.20.31 Other sitriho Methods All wiring sYstams DY this Cede naw' reviewed by thalpeaed for approval or d',lWaYe Approval .r E1Sapp11a1 .111 De based on Infinve presexted to Me eoerd in the Porro of piens end specifications. end/or demonstrations, and will considered on a tela by case basis. 9.20.32. Deletions TM1e fa fpr rgi�sect ons .f the National Electrical Cade are deleted:' A. The notes to Tables 310.16 through 3l amended by deleting Note #3 deal in TA lm, 51 le -Phrase Resident-" B. Alm, n t�i-s .0mtY. C. Article 000-4 dealing with Listing for signs. .. SfCT1011 IV. 0.EpAl[R.1 Ordthance woo 11-2862 a Mfl.ea p ott of Ordinnces in Wnfl l< es [A the prdvt Elons Of this Ordinance are Dercg1; repealed. Sets., Y. SAYINOb CLAUSE. In the event any section, Prov s On or part of the Milani "" cond or i this ft Court of competing jurisdiction to " iny invalid or nstltutidi such adjudication small Out a ffact the validity of the Code or of the Ordinafru. adootln9 same as a whole part [hereof Out adjudged Invalid or unconstitutional. SECTI_OJ YL .ER TIVE WTE. Thin Ordinance mall Are 71r'e KC'afl`--- ter " inal sVsse9e. AppOval. and publication as requited by law. passed and approved this 7th Juyyt March, 19$Lc. /4/di/rs�PY/mac Printers fee E . , //7' CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper LZU times, on the following dates-.--') n Cashier Subscribed and sworn to before me this -L2,- day of A.D. 19-77—. No Public N00011 t MARTINA M MEYER * MY COMMISSION EXPIRES SEPTEMBER 30, 1111 ORDINANCE NO. 78-2884 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY IOWA, BY ADOPTING THE 1978 EDITION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN ADDITIONS AND AMENDMENTS THERETO; REPEALING CHAPTER 9.20 OF THE MUNICIPAL CODE OF IOWA CITY, IOWA, AND ENACTING A NEW CHAPTER IN LIEU THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this Ordinance is to adopt the 1978 Edition of the National Electrical Code published by the National Fire Protection Association, commonly referred to as the "National Electrical Code" with certain additions and amendments thereto to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa. SECTION II. ADOPTION. Subject to the following amendments, the 1978 National Electrical Code is hereby adopted. SECTION III. AMENDMENTS. 9.20.1. Title This article, and all provisions incorporated herein by reference or otherwise, shall be known as the "Electrical Code", may be cited as such, and will be referred to herein as such and as "this Code". Where the Municipal Code of the City of Iowa City is the subject of reference in this article, it will be referred to herein as "Iowa City Municipal Code." 9.20.2. Definitions For purposes of this Code, the following definitions shall apply: Electrical Inspector - shall be appointed by the City Manager and responsible to the Building Official for the enforcement of the Electrical Code and regulations of the City. Electrical Work - shall mean all uses, installations, alterations, repairs, removals, replacements, connections, disconnections and maintenance of all electrical equipment. 9.20.3. Scope The provisions of this Code shall apply to the electrical conductors and equipment installed within or on public and private structures and premises; also the conductors that connect the installations to a supply of electricity, and other outside conductors adjacent to the premises; also mobile homes used for human occupancy within Iowa City. Additions, alterations and repairs to existing electrical equipment shall comply with the provisions of this Code. 9.20.4. Moved Buildings Structures moved into or within the City shall comply with the provisions of this Code for new structures. C21 i Page 2 Ord. No. 78-2884 9.20.5 Powers and Duties of the Electrical Inspector The electrical inspector shall have the right to enter upon any property during reasonable hours in the discharge of his/her official duties, and shall have the authority to cause the disconnection of any wiring or equipment where such wiring or equipment is dangerous to life or property�or may interfere with the work of the Fire Department. The electical inspector may inspect any and all electrical installations within the City. He/she may approve, condemn and order removed or remodeled and put in proper and safe condition for the prevention of fire and the safety of life, all electrical heating and lighting apparatus, motors, machinery, fixtures and connections, electrical equipment used in the utilization of electrical current for light, heat or power purposes and to control the disposition and arrangements of the same. The electrical inspector shall not engage in the business of the sale, installation, or maintenance of electrical equipment either directly or indirectly, and shall have no financial interest in any firm engaged in such business in the City of Iowa City at any time while holding office. 9.20.6. Appeals Any person affected by any action, interpretation or notice issued by the electrical inspector with respect to this Code may, in writing, appeal to The Board for consideration in accordance with the procedures setforth in the Iowa City Administrative Code. 9.20.7. Electrical Board --Creation and Authority There is hereby created an electrical board, referred to hereinafter, as "The Board", which shall: (a) Periodically review the electrical Code and make recommendations thereto to the City Council. (b) Prepare and conduct written examinations, and examine the qualifications of applicants for the licenses and certificates required by this article. (c) Suspend or revoke any of the licenses or certificates required by this article, for due cause, as provided herein. (d) Act as a board of appeals to hear grievances arising from a decision of the electrical inspector and to provide for reasonable interpretations consistent with the provisions of this Code. (e) Act as a Board of Appeals to approve or disapprove wiring systems not specifically addressed in this Code. 9.20.8. Violations --Penalties Any person who installs, alters, repairs, maintains, improves or uses any electrical equipment, or performs any electrical work in the City, or causes the same to be done in violation of any of EQ Page 3 Ord. No. 78-2884 the provisions of this Code shall be guilty of a misdemeanor punishable by a fine not exceeding $100 or imprisonment not exceeding thirty (30) days. 9.20.9. License Applications Any person desiring to take examinations for any of the licenses or certificates required by this Code, shall make application to the electrical inspector. Each application shall be accompanied by a receipt from the City for the examination fee, as set out hereafter. The examination shall be practical, written or oral, or a combination thereof, and shall be of such a nature as to uniformally test the capabilities of all applicants for the same type of license. The applicant shall clearly demonstrate to the board his/her qualifications for the particular license and show satisfactory knowledge of the methods and standards for doing electrical work under the Electrical Code of the City of Iowa City, Iowa. If an applicant fails to pass an examination, he/she may apply for re-examination at the end of six (6) months and upon payment of another examination fee. 9.20.10. License Fees The fees for examinations and licenses shall be established by resolution of Council. 9.20.11. License Expiration and Renewal All licenses shall expire on January 1 of each year. Any license that has expired may be rein- stated within sixty (60) days after the expiration date upon payment of a reinstatement fee. After the expiration of the aforementioned sixty (60) day period, no license or certificate shall be renewed except upon recommendation of The Board. 9.20.12. Required License with the City No person shall install, alter, maintain, or repair any electrical equipment unless such person shall have first obtained a Master Electrician's License. Master Electrician's licenses granted by the City prior to passage of this Code shall be issued a new license without taking the examinations herein provided. Before a person can apply for a Master Electrician's License, he/she must carry an Iowa City Journeyman's license for one year. Either..a,licensed master or journeyman electrician shall be on the job at all times while electrical work is in progress. The provisions of this section shall not apply to: (a) The electrical work of a public utility company, telephone or telegraph company, nor the persons performing electrical work as an integral part of the plant used by such company in rendering its duly authorized service to the public. a3 Page 4 Ord. No. 78-2884 (b) A regular employee of any railroad who does electrical work only as a part of that employ- ment. (c) The service or maintenance of warm air heating equipment provided that such service or maintenance shall only include electrical work on electrical equipment that is part of such warm air heating equipment. Such work shall include the connection of warm air heating equipment to an existing individual branch circuit. (d) Section 9.20.21. Whenever a Master Electrician's license is issued, it shall be in the name of the person who has qualified for it. No license shall be issued in the name of a firm or corporation. In the event all licensed electricians terminate employment with a firm or corporation, the firm or corporation shall not be permitted to do any futher electrical work, except that work under previously issued permits may, at the discretion of the electrical inspector, be completed. A Master Electrician who terminates his/her association with a firm or corporation shall notify the electri- cal inspector immediately. 9.20.13. Master Electrician's Insurance Each Master Electrician or the firm or corporation employing a Master Electrician doing work under this ordinance shall furnish with the City Electri- cal Inspector a copy of a certificate of insurance stating the liability amounts of $100,000 property damage and $300,000 bodily injury and a completed products provision. The City of Iowa City, Iowa, shall be notified thirty (30) days in advance of the termination of the policy by the insured or insurer. 9.20.14. Journeyman License Before a person can apply for a Journeyman's license, he/she must have a minimum of one (1) year experience as an apprentice. 9.20.15. Maintenance Electrician's Certificate -- Required A maintenance electrician's certificate shall be required of any person who is a regular employee of a manufacturing or industrial establishment, who does electrical work for that establishment only, and who maintains and keeps in a state of repair the existing electrical equipment within a building, or group of buildings. A maintenance electrician's certificate shall be issued to any person who shall satisfactorily pass the examination given by The Board. Any person holding a maintenance electrician's certificate issued by the City prior to passage of this Code shall be reissued renewals of their certificates without taking the examination hereinafter provided. The installation of any new or additional electri- cal equipment of any kind by the holder of a maintenance electrician's certificate is hereby prohibited. ay Page 5 Ord. No. 78-2884 Each maintenance electrician performing work under this Section shall keep an accurate record for the electrical inspector, all work performed in each building and shall, in the first days of January, April, July and October of each year, file a statement with the electrical inspector the work performed during the preceding three (3) months. Such statement shall be made under oath. 9.20.16. Restricted Electrician's License A restricted electrician's license shall specify the types of electrical work which may be performed by the licensee. The licensee may perform only the type of work specified on the license. 9.20.17. Permits --Required No person shall perform any electrical work nor install electrical equipment in or upon any building or property without first securing a permit therefore. 9.20.18. Issuance Permits shall be issued in the name of the person holding an active Master Electrician's license and the name of the firm he/she represents. All applications for electrical permits shall be signed by the licensed Master Electrician. 9.20.19. Non -Transferable --Permit Restrictions Permits are not transferable. Electrical work performed under permits issued under the provisions of this article must be done by the Master Electri- cian securing such permit, his/her firm, or corpor- ation except as provided for in Section 9.20.12. 9.20.20. Triple Fee for Failure to Obtain Permit Before Starting Work Except in emergency situations, as determined by the electrical inspector, where work is started by any person prior to obtaining a permit, the fees for such work shall be tripled. The payment of such tripled fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein. No additional permits shall be issued to any person in violation of this section prior to the payment of the triple fee. 9.20.21. Home Owner In cases where an owner -occupant of a single family dwelling desires to install electrical equipment or perform any electrical work in his/her single family structure, he/she may appear before the electrical inspector and show that he/she is competent to do the specific work. After such showing, he/she may obtain an electrical permit by paying the proper fee. 9.20.22. Revocation of Permit; Expiration of Permit Any permit required by the provisions of this Code may be revoked by the electrical inspector upon the violation of any provision of this Code. Every permit issued under the provisions of this Code shall expire if the work authorized by such permit is not commenced within sixty (60) days from the date of issuance of such permit, or if Page 6 Ord. No. 78-2884 the work authorized by such permit is suspended or abandoned for a period of one hundred twenty (120) days. Before such work can be recommenced a new permit shall be obtained, and the fee therefore shall be one-half (z) of the amount required for a new permit, provided that such suspension or abandonment has not exceeded one (1) year. 9.20.23. Permit Fees There shall be paid to the City of Iowa City for the issuance of each electrical permit a permit fee as established by resolution of Council. 9.20.24. Inspections It shall be the duty of the person doing electri- cal work to notify the electrical inspector that said work is ready for inspection. The electrical inspector shall, without undue delay, perform the required inspection and, if the work complies with the provisions of this Code, post an Inspection Notice on or near the work approved. Said Notice shall contain the date and results of such inspection. Work that has no Notice attached shall be considered unapproved. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. No electrical work shall be concealed in any manner from access or sight until such work has been inspected and approved by the electrical inspector. The electrical inspector shall have the authority to remove or cause the removal of lath, plaster, boarding, or other obstruction which may prevent the proper inspection of wires or electrical equipment at the permittee's expense. When an electrical contractor is notified that defects exist he/she shall make corrections within thirty (30) days after notification. If the corrections are not made, the electrical contractor shall not be issued any other permits until said defects are corrected, and approval given by the electrical inspector. 9.20.25. Iowa City Amendments to National Electrical Code A. Kitchen outlets. No point on a wall shall be more than four (4) feet from an outlet when measured horizontally along the floor or table top line. B. Basement lighting fixtures. In all types of occupancies except industrial, one permanent lighting fixture shall be provided for each two hundred (200) square feet of floor area. Stairway lighting shall not be included when calculating the required number of fixtures for the gross floor area of basements or cellars. C. Stairway lighting shall be located so that stair treads shall never be shadowed by a '_'� 6 Par 7 OrNo. 78-2884 F. G. H person using them. The light fixtures shall be located at the top and the bottom of the stairs and any dark area. Electrically powered heating units, such as oil burners, gas burners, stokers, or other electrically controlled heating units shall use an approved number of protective devices on the electric supply and control lines to limit the action of the equipment when hazardous temperatures or conditions arise. New and old work shall be supplied by a separate circuit, with a properly fused switch at the heating unit. All heating units shall be properly grounded. All wiring on the heating units shall be in electrical metallic tubing, rigid conduit, or flexible metallic tubing. Exit lights. The exits from any room or building, public or private, used for public gathering whether for worship, lodge activity, retail store, or entertainment, shall have all exits properly lighted and designated by an electrically illuminated exit sign. All stairways in public buildings, nursing homes, apartments, retail stores, and hotels shall be properly lighted and designated by an electrically illuminated sign. Circuits for exit lighting shall be installed in raceway "separate from any other raceway" or circuits of the building. Such circuits shall be connected ahead of the main disconnect and controlled independently. The minimum height of the service entrance head shall be twelve (12) feet above the ground or grade line. No service drop shall parallel a window or be located so as to prevent raising a ladder to the window. Services on ranch type buildings where a service entrance goes through the roof must be not less than two (2) inch rigid steel and extended above the roof not less than thirty- six (36) inches complete with service head and thirty-six (36) inches of wire extending from service head. Pipe is to be secured on the wall with two -hole straps or the equivalent and weather proofed where it extends through the roof. All service entrances in the central business district shall be rigid conduit. No service entrance shall be run through electric tubing in concealed walls or partitions unless protected by at least two (2) inches of masonry construction. "For installations in residential occupancies", all services shall not be smaller than one hundred (100) ampere. Individual homes with over two thousand five hundred (2,500) square 'IF7 Ore No. 78-2884 feet of floor space, including the basement but excluding the garage, shall be served with not less than two hundred (200) ampere three (3) pole solid neutral entrance switch or equivalent, using dead front equipment. K. Power services. Three phase services shall be classified as power services and may be used to supply power appliances and shall comply with all provisions of other types of services and shall not be less than sixty (60) ampere capacity. L. All service entrance locations in the central business district shall be approved by the Electrical Inspector before installation. M. Each building shall be served with a single set of service entrance conductors. The service conductors shall be properly protected through a single main disconnect. Exception: The minimum service in a two-family structure may be run as two 100 ampere services. N. All circuits shall be continuous by means other than attachment to the receptacle outlets. 0. All types of flexible metallic conduit and tubing may be used where conduit must be fished into concealed places, or where subject to vibrations, or on light drops. A maximum length of flexible metal conduit of 72" may be exposed. When flexible metal conduit is used, a grounding conductor of equal current carrying capacity to the largest current carrying conductor shall be installed. 9.20.26. Temporary Electrical Work Temporary electrical work shall mean work which is obviously installed for the convenience of a contractor or builder during construction. Such work shall be the complete responsibility of the person who installs it and shall require the inspector's approval prior to being used. 9.20.27. Metal Conduit Work Electrical equipment in or upon buildings within the City shall be of the class known as rigid metal conduit or electrical metallic tubing work, except where concealed in single family structures or two-family structures, including their garages, and except in locations subject to corrosive action on metal, except as provided in Section 9.20.25.0. Wiring that is located below grade shall be of a type approved for installation in wet locations. Basements and cellars shall be of a type approved for installation in wet locations. Basements and cellars that are capable of being drained to floor level through a doorway opening onto a properly sloped exterior grade shall not be considered to be located below grade for the purposes of this section. 9.20.28. Services and Circuits --Separation from ons Conductors ce entrances in and upon buildings M. DR' No. 78-2884 within the City shall be of the class known as "rigid metal conduit or electrical metallic tubing, non-metallic," except as herein provided. Other provisions of this section to the contrary notwithstanding, that portion of an underground service lateral that is installed by an electrical contractor, but is owned and maintained by a corporation licensed by law to engage in the business of supplying and distributing electricity, may be of a type used by a corporation for such an installation. 9.20.29. Furnishing Current Prior to Approval of Wiring No person or corporation generating current for electric light, heat or power in the City shall connect its system or furnish current for electrical purposes to any building or premises which has not been inspected and approved by the electrical inspector. Any person or corporation shall, upon written notice from the electrical inspector to do so, immediately disconnect such building or premises from its source of current. 9.20.30. Existing Buildings If an existing building is damaged by fire, or otherwise, or altered in a manner to require the replacement of 50% or more of the wiring equipment, the entire building shall be made to conform to the requirements of this Code for new buildings. If the type of occupancy of an existing building is partially or entirely changed, the electrical wiring shall be made to conform to the requirements of this Code for the new type of occupancy. 9.20.31 Other Wiring Methods All wiring systems not allowed by this Code may be reviewed by the Board for approval or disapproval. Approval or disapproval will be based on information presented to the Board in the form of plans and specifications, and/or demonstrations, and will be considered on a case by case basis. 9.20.32. Deletions The following sections of the National Electrical Code are deleted: A. The notes to Tables 310-16 through 310-19 are amended by deleting Note N3 dealing with Three -Wire, Single -Phase Residential Service. B. Article 333 in its entirety. C. Article 600-4 dealing with Listing Requirements for signs. SECTION IV. REPEALER. Ordinance No. 77-2862 and all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION,V. SAVINGS CLAUSE. In the event any section, provision or part of the National Electrical Code or of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid or unconstitutional, such adjudication shall not affect the validity of the Code or of the Ordinance, Page 10 Ord. No. 78-2884 adopting same as a whole part thereof not adjudgec 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 7th dav of Mrch, 1978. MAYOR CITY CLERK It was moved by Perret and seconded by Erdahl that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st Consideration 2/21/78 _ Vote for passage: Ayes: Neuhauser, Roberts, Vevera, Balmer, deProsse, Erdahl. Nays: none. Perret absent. 2nd Conisderation 2/28/78 Vote for passage: Ayes: Perret, Roberts, Vevera, Balmer, deProsse, Erdahl, Neuhauser. Nays: none. Received 3 Approved By The Legal Department 3- / -70 t <' _3d �• /�/(^/�(j/(// K&7400 CIVIC CIIOWA IY, E. WA 52240 ON ST. IOWA CITY, IOWA 5270 319 -3b4 -18M STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2885 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 7th day of March , 1978 all as the same appears of recd min my office and published in the Press Citizen on the 16 t� day of March , 19 78 Dated at Iowa City, Iowa, this 17th day of April , 1978 Abbie Stolfus, C ty ler Printers fee $_1.1 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS. CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper e2n times, on the following dates: Cashier Subscribed and sworn to before me this A day of_1__iS61a'I,--1 A.D.19�/. tary Public No� loll l MARTINA M MEYER MY CAMMISSIUN EXPIRES SEPTEMBER ....... OFFICIAL PUBLICATION ORDINANCE NO. 78-2895 AMENDMENT ALLOWING USE OF HAND-HELD CANDLES IN CONNECTION WITH RELIGIOUS AND RITUALISTIC CEREMD UNIFORM CODE ENDING 6 SECTION 26.116(b)(e).m BEITOODAINED BY THE COUNCIL OF THE CITY ,x OF IOWA CITY. IOWA: SECTION I. PURPOSE. The purpose of this ordi- nance s a a aw the use of hand -Meld candles in connection with religious and ritualistic ceremonies. SECT On. I.I A70PRIn. iSection 2amended)(t4 )• I V6read as follows: a. Candles held in persons' Hands will be allowed. Battery operated 0-lated candles are available, and are recommended as being safer than real candles. No permit is required for battery operated candles, or Other electric candles. REPEALER. Section 26.116(b)(4).STr, and all other ordinances n or parts of ordinances in conflict with this ordinance, are hereby repealed. SECTION IV. SEVERABILITY. If any section, Pro- v s on or par a t ------ W ance shall ba ad]udged "tiani shalldor UmOnitional, ch not affect the validity udi- of the Ordi oaMe as a whole or any section, provision or part thereof not adjudged invalid Or uncomstitutional, such - thevalidlty o9 the Orli Hancenas al whole or l not fect any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE.' This ordinance shall n e ec a ter is nal passage. approval and publication as required by law. passed and adopted this 7th day of - March 1978. - �PILe<FGLLlirar— �gfkT�pCVfFA�Pdr ATTEST. T CI E K - March 16. 1978 -ORDINANCE NO. 78-2885 AMENDMENT ALLOWING USE OF'HAND-HELD CANDLES IN CONNECTION WITH RELIGIOUS AND RITUALISTIC CEREMONIES, AND AMENDING SECTION 26.116(b)(4) 1976 UNIFORM FIRE CODE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY. IOWA: SECTION I. PURPOSE. The purpose of this ordi- nance is to allow the use of hand-held candles in connection with religious and ritualistic ceremonies. SECTION II. AMENDMENT. Section 26.116(b)(4), 1976 Uniform Fire Code, is hereby amended to read as follows: 4. Candles held in persons' hands will be allowed. Battery operated simulated candles are available, and are recommended as being safer than real candles. No permit is required for battery operated candles, or other electric candles. SECTION III. REPEALER. Section 26.116(b)(4), 1976 Uniform Fire Code, and all other ordinances or parts of ordinances in conflict with this ordinance, are hereby repealed. SECTION IV. SEVERABILITY. If any section, pro- vision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudi- cation shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or uncon- stitutional, 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 be in effect after its final passage, approval and publication as required by law. C'�-..0 H !,- 3a- Ord. # 78-2885 Page 2 Passed and adopted this 7th day of March 1978. ROBERT A. VEVERA, MAYOR ATTEST: ABBIE STOLFUS, CITV CLERK It was moved by Neuhauser and seconded by Balmer that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration 2/21/78 Vote for passage: yes: Roberts, Vevera, Balmer, Neuhauser. Nays: deProsse, Erdahl. Absent: Perret. 2nd consideration 2/28/78 Vote for passage Ayes: Roberts, Vevera, Balmer, Neuhauser. Nays: deProsse, Erdahl. Date of Publication .lri, ' 811 I.0 1 :R. ry IS ? 1 �i i 33 ris CIVIC CENTER, 410 E. WASHINGTON ST /�KIIOWA Cltt, IOWA 52240 (!' IOWA C, ITY, IpVM STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2886 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 14th day of March , 1978 all as the same appears of record in my office and published in the Press Citizen on the 21st day of March , 1978 Dated at Iowa City, Iowa, this 17th day of April , 19 78 CA Ab ie Stolfus, Cit Clerk / 7 Printers fee $J CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESSCITIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper times, on the following date 1 Cashier Subscribed and sworn to before me this dagy off A.D.1✓9�_� 7L. � In CITIZEN, Public No.,� (l I I I, N gT M MARTWA M MEYER MV COMMISSION EXPIRES a�w SEPTEMBER 30, 1979 OFFICIAL PUBLICATION ORDINANCE N0. 70-2886 .. r. AN ORDINANCE AMENDING A PORTION OF THE SUBDIVISION CODE, ORDINANCE NO. 2567 ($[TION9.50-4D(4)(h)(4) Of THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA)' :. BY ALLOWING NON-PROFIT ORGANIZATIONS X0 VV IDE PROPERTY FOR THE PURPOSE OF ENCOU E BOIIC DEVELOPMENT TO PETITION THE CITY C CTMT THE IMPROVEMENTS REWIRED TO BE INSTALLE'b i SUB- DIVISION COOS BE CONSTRUCTED BY THE CITY PURSUANT TO A SPECIAL ASSESSMENT PROGRAM. SECTION 1. PURPME.. The Puroose of this ordinance is to pro�HD the—the health, safety and general welfare of the citizens Of the City of lova City, Lova by en-. -couragirg development in Iowa City by alrowtng for the construction Of improvements called for in the subdivision code in certain instances by spot ial as- sessment rather than by requiring their installation' by the developer. This method can only be /equested . by non-profit organtrations which sabdv,,de7 property for the purpose of encouraging economic development of said tract. 5CC710N II. PMENNIENI. Section 9.50.4(0) 4)(h) of D�nCe ra: 1 N-ect;an g. aD. follows: 14) of the Municipal Code shall iwv read as tpl lows:.' (4) the above alternatives shall be exclusive and no subdivision shall be approved unless one of the fore- going alternatives has been approved and no south- - "sion shall de approved ; whi on the Developer pro- poses to request that the City of Iowa City. Iowa construct said improvement,, pursuant to a Special As- nt Program, except for the previsions of 9e50.4D(g) as to streets abutting the subd ivi510n - which may be done by assessment method. However. this orevision shall not apply t0 any not-for-profit corporation or association which Subl,videi o tract of land for the purpose of encouraging economic de- velopment of the tract. In such instances, upon petition of Developer and upon approval of the De- veloper's plans for development of said tract by the City Council, any improvements required by 'this Cha P - ter may be constructed by the City pursuant to a special assessment program. SECTION IIL SFVERABIIITY. If any sA, tion, provision or part tete rd Tnance shall T adjudged to be in- valid or ummnsc;tut;oeul, such adjudication shall, not affect the validity of the Ordinance as a whole or any section. provision or part thereof not ad- t judged lcYbl;d or unconstitutional: SECTION IV. EFFECTIVE DATE. This Ordinance shall be n 277ect aftehr-TEsTinal Passage, approval and Pub- lication as required by law. Passed and approved this 14th day of March, 1978 MAWRU ATTEST: Ci LERi'.� -- March 21, 1918 �; ORDINANCE NO. 78-2886 AN ORDINANCE AMENDING A PORTION OF THE SUBDIVISION CODE, ORDINANCE NO. 2567 (SECTION 9.50.0(4)(h)(4) OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA) BY ALLOWING NON-PROFIT ORGANIZATIONS WHO SUBDIVIDE PROPERTY FOR THE PURPOSE OF ENCOURAGING ECONOMIC DEVELOPMENT TO PETITION THE CITY COUNCIL THAT THE IMPROVEMENTS REQUIRED TO BE INSTALLED BY THE SUB- DIVISION CODE BE CONSTRUCTED BY THE CITY PURSUANT TO A SPECIAL ASSESSMENT PROGRAM. SECTION I. PURPOSE. The purpose of this ordinance is to provide for the health, safety and general welfare of the citizens of the City of Iowa City, Iowa by en- couraging development in Iowa City by allowing for the construction of improvements called for in the subdivision code in certain instances by special as- sessment rather than by requiring their installation by the developer. This method can only be requested by non-profit organizations which subdivide property for the purpose of encouraging economic development of said tract. SECTION II. AMENDMENT. Section 9.50.4(D)(4)(h) of Ordinance No. 2567 Section 9.50.4D(4)(h)(4) of the Municipal Code shall now read as follows: (4) the above alternatives shall be exclusive and no subdivision shall be approved unless one of the fore- going alternatives has been approved and no subdi- vision shall be approved in which the Developer pro- poses to request that the City of Iowa City, Iowa construct said improvement, pursuant to a Special As- sessment Program, except for the provisions of 9.50.4D(g) as to streets abutting the subdivision which may be done by assessment method. However, this provision shall not apply to any not-for-profit corporation or association which subdivides a tract of land for the purpose of encouraging economic de- velopment of the tract. In such instances, upon petition of Developer and upon approval of the De- veloper's plans for development of said tract by the City Council, any improvements required by this Chap- ter may be constructed by the City pursuant to a special assessment program. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be in- valid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not ad- judged invalid or unconstitutional. 3y Ord. #78-2886 SECTION IV. EFFECTIVE DATE. This Ordinance shall be Page 2 in effect after its final passage, approval and pub- lication as required by law. Passed and approved this 14th day of March, 1978 MAYOR ATTEST: CITY CL RK Rec3ived & Approved By The Legal Da artrnant I5t 11 12 N It was moved by Neuhauser and seconded by Balmer that the Ordinance as read be adopted, and upon roll call there were:. AYES: NAYS: K9 x ABSENT: BALMER dePROSSE ERDAHL NEUHAUSER PERRET x ROBERTS VEVERA First consideration 2/28/78 Vote for Passage:ye�vera, Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts. Nays: none. Second consideration 3/7/78 Vote for Passage:ye7 es:Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse, Erdahl. Nays: none Date of Publication 31_� _ KAr7 ^ ��� K&740 1yCIVIC CENTER UO E. WASHINGTON ST. ...yyy���`���i�'�IOWA CITU, I -10 52Y10 ;jam i / vw StITY, IOWA STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2887 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 4th day of April , 1978 , all as the same appears of record in my office and published in the Press Citizen on the 13th day of April , 19 78 Dated at Iowa City, Iowa, this 18th day of May , 19 78 G Abbie Stolfus, Cit'y Cler OFFICIAL Pua LIGATION r$DINANCE NO. 78-2887 SECTION IV_ REPEALER. All ordinances of ord iiai ncesIn conflict with th,,W,yROAIANCE AMENDING THE ZONING CODE- provisions of this ordinance are hereby '6i-tHE CITY Of IDNA CITY, IOWA, BY = repeated:ADDING A DEFINITION OF ELDERLY HOUSING 4and.parts ANO SPECIAL CONDITIONS FOR ELDERLY SECTION Y. SEVERABILITY. If any secti HOUSING IN THE CB ZONE TO SECTION prov is on orparta theOrdinance shal8.10.3 AND 8.1q.19 adjudged III be invalid or unconstitutiosuch adjudication shall not affect the SE itONC PURPOSE. the purpose of this di ty of Me Ordinance as d wlole or any sect - _I. amendment s to add a definition of Elderly ion, provision or part thereof not adj united Housing and to provide specific regulations invalid or unconstitutional. for Elderly Housing in the C8 zone. SECTION VL EFFECTIVE DATE. This Ordinance SEi ON 11 AIIENOHENT. Section 8.10.3 is Shall be ,n effect after is final passage. —IT hereby are a ing the following: approval and publication as required by law. A.26a. ELDERLY HOUSING. A residential Passed and adopted this 4th day of April 1, building(s) containing one or more 1978. dwelling units especially designed for use and occupancy of any person, married or slhglp, who is eligible to receive old age benefits under Title li of..the Social Security Act; handicapped within the meaning of Section 202 of the Housing 9 (.� ( W Act of lSection (S) of th e BER P Y R Development Disabilities Services and ' Facilities Construction Of heench,Lai m - 1970 oC Sec Han 223 of the Social Se- Act: or displaced by - , astero- mental action or natural disaster. .ental - /-'/ � � (� � T' 'ATTEST: CF �i-�u . SECTION III AMENDMENT. Section 8.10.19 IT E STOL FUS. CI Y ERK TOL 5 isre Y ares Y adding the following: USE WINES Elderly Housing 1. The minimum lot g H' area per duellin unit shall be 100 square feet. 2. No front, rear ar side yard shall be required. 3. Owel ling units in , buildings within the C8 zone may be lo- cated on the ground floor. a. A building for elderly Musing troy he located on the same lot with one Or more buildings with a Pse which provides a service to the elderly such as but not limited to recre- ational and medical facilities), provided that the buildings, if 'separated, shall be separated by a minimum horizontal distance equal to one of the following: (a) ,lh tieight of the highest building: (b) eight ((8) feet p)Ne two (2) feet foe.et�O dXtional alone, above the second story, providiMI jhat no window If a dwelling unit ist lied on the side next to the aW building LS/ow the height a ilding, or (c) two (2) times the height of the adjacent building above the window sill •of any window of A dwelling unit located on the side next to the adjacent building. (see figure below) The dis- tance shall' in no apsp!00 lest 4han eight (8) feet plus %0 (2). feet for each story above. the second story. In addition, the above conditions (a). (b) or (c) shall apply to a building for elderly housing and a building on an abutting lot. ALDMK / vDAwour AtWUoV6 ( B'yQ'OIN6 a7Yf![OIN6 ,a S. One parking the<e shall be provided et the site or with - every in 308 feet thereof for every f four dwelling Se units. The pro- visions of Section 8.10.256 shall be applicable. 6. All the provisions re- quired for a use in the Co zone shall be applicable except that the above con- ditions shall apply in all cases when there is a con- flict. SPECIFIC CONDITIONS April 17, 1978 Printers fee E ` J CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CTTYPRESS-CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY FRESS- CTTIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper j�W times, on the foll owing Subscribed and sworn to before me this day of A.D.19�j otary Publi c Noo31_U1J1 MMY MAR'::NA M MEVERCOMMiSSICN E%FIRE$ SEPTEMBER L, g" ORDINANCE NO. 78-2887 AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF IOWA CITY, IOWA, BY ADDING A DEFINITION OF ELDERLY HOUSING AND SPECIAL CONDITIONS FOR ELDERLY HOUSING IN THE CB ZONE TO SECTION 8.10.3 AND 8.10.19 SECTION I PURPOSE. The purpose of this amendment is to add a definition of Elderly Housing and to provide specific regulations for Elderly Housing in the CB zone. SECTION II AMENDMENT. Section 8.10.3 is hereby amended by adding the following: A.26a. ELDERLY HOUSING. A residential building(s) containing one or more dwelling units especially designed for use and occupancy of any person, married or single, who is eligible to receive old age benefits under Title II of the Social Security Act; handicapped within the meaning of Section 202 of the Housing Act of 1959, Section 102(5) of the Development Disabilities Services and Facilities Construction Amendments of 1970 or Section 223 of the Social Se- curity Act; or displaced by govern- mental action or natural disaster. SECTION III AMENDMENT. Section 8.10.19 I] is hereby amended by adding the following: USE Elderly Housing SPECIFIC CONDITIONS ZONES 1. The minimum lot CB area per dwelling unit shall be 100 square feet. 2. No front, rear or side yard shall be required. Dwelling units in buildings within the CB zone may be lo- cated on the ground floor. A building for elderly housing may be located on the same lot with one Ord. No. 78-2887 -2- or more buildings with a use which provides a service to the elderly (such as but not limited to recre- ational and medical facilities), provided that the buildings, if separated, shall be separated by a minimum horizontal distance equal to one of the following: (a) the height of the highest building: (b) eight (8) feet plus two (2) feet for each. additional story above the second story, provided that no window of a dwelling unit is located on the side next to the adjacent building below the height of the building, or (c) two (2) times the height of the adjacent building above the window sill of any window of a dwelling unit located on the side next to the adjacent building. (see figure below) The dis- tance shall in no case be less than eight (8) feet plus two (2) feet for each story above the second story. In addition, the above conditions (a), (b) or (c) shall apply to a building for elderly housing and a building on an abutting lot. coeecY / AorAmr AAW. _G / �9artorNo 4wrLorn / a 5. One parking space shall be provided on the site or with- in 300 feet thereof for every four dwelling units. The pro- visions of Section 8.10.25G shall be applicable. 7 Ord. No. 78-2887 -3- All the provisions re- quired for a use in the CB zone shall be applicable except that the above con- ditions shall apply in all cases when there is a con- flict. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 unconstitutional, such adjudication shall not affect the vali- dity of the Ordinance as a whole or any sect- ion, provision or part thereof not adjudted 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 adopted this 4th day of April , 1978. ROBERT A. VEVERA, MAYOR I ATTEST: A BIE STOLFUS, CITY 7LERK Ord. No. 78-2887 -q- It was moved by Neuhauser and seconded by erre that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration 3/21/78 Vote for passage: Ayes: Erdahl, Perret, Vevera, Balmer, dePros e. Nays: none. Absent: Neuhauser, 2nd consideration 3/2878 Roberts Vote for passage. Ayes: Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse. Absent: none. Date of Publication gmscn E . x APPROVED ,M TU SAI, DEPP.RTc:?NT �9 CIVIC CENTER, X 10E. WASHINGTON ST. K6V/ IOWA CITY.Y, IOWA S2240 Y2.10 319-3E4 1800 STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78_2888 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 4th day of April , 19 78 , all as the same appears of re or A In my office alnd publish 7ed8inn the Press Citizen on the day of p 19 Dated at Iowa City, Iowa, this 18th day of May , 19 78 . c Ge cLJ Abbie Stolfus, ty Clerk - Printers fee $ 4 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is he to attached, was published in said paper __— times, on the following datK. e Cashier Subscribed and sworn to before me this da of A.D.19-1-JE. Nota Public No.2/rTlll MARTINA M. MEYER MY COMMISSION EXPIRES aF, SEPTEMBER 30: 1979 OFFICIAL PUBLICATION ORDINANCE NO. 78-2888 AN ORDINANCE AMENDING ORDINANCE NO. 77-2835 BY PROVIDING FOR THE DESIG- NATION OF COMMERCIAL VEHICLES AND CLARIFYING THE TIME LIMITATIONS FOR LOADING OR UNLOADING IN CERTAIN LOADING ZONES BY REVEALING SECTIONS 6.15.03.A AND 6.01.09 OF ORDINANCE N0. 77-2835 AND ENACTING NEW PRO- VISIONS IN LIEU THEREOF. SECTION 1. PURPOSE. This ordinance provides for a manner of designating vehicles which are used primarily for temple rcial purposes. Commercial vehicles pursuant to Ordinance 1W. 77-2835 are allowed to park in certain zones for the purpose of loading or unloading property. This ordinance also clarifies time limitation for loading or unloading in various loading zones. SECTION 2. AMENDMENT. The following section of Ordinance to. 77-2835 shall now read as follows 6.01.09 COMMERCIAL VEHICLES. Means every vehicle designated, maintained or used primarily for the transportation of property. Every such vehicle shall display either a sign or other insignia which is attached permanently onto the vehicle indi- cating that it is commercial in use or a sticker issued by the City. The Director of Finance shall establish rules and regulations governing the issuance of such stickers. Said regulations shall become effective upon adopt- ion by resolution by the City Council. 6.15.03 STANDING IN LOADING ZONE A. Loading Zone. �No person shall stop, 9 stand or park a vehicle for any purpose or . length of time other then the expeditious un- loading and delivery or pickup and 'loading of property in any place marked as a Loading Zone during hours when the provisions appli- -able to such zones are in effect. In n0 case shall the stop for loading and unloading Lk of property exceed fifteen (15) minutes. p B. ComLme rcial Vehicle Loading Zone. Only comkerciaTvelsles which are properly desig- nated as such may stop, stand or park in a loading zone designated Commercial Vehicle Loading Zone; and no person shall.stop, stand or park a commercial vehicle for any purpose or length of time other than the expeditious unloading or delivery or pickup and loading of property in any place marked as a Colmer- cial Vehicle Loading Zone during hours when the provisions applicable to such zones are in effect. In no case shall'the•stop for loading and unloading of property exceed 30 minutes. , C. The driver of any vehicle may stop temporarily at a loading zone or commercial vehicle loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not inter- fere with any vehicle which is waiting to enter or about to enter such zone to load or unload property. 5ECTIO14 3. REPEALER. Sections 6.01.09 and 1_.TS.T3 A nce No. 77-2835 and all otter ordinances or sections thereof in con- flict with the provisions of this one inance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provison or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the valid- ity of the Ordinance as a whole or any section, provision or part thereof not adjudged in- valid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance _ hbsbbe In Tied aTer its final passage approval and publication as required by 1A Passed and approved this 4th day of April 1978. ATTEST: 2C.r4'C4' Lill CLERK; April 70, 1978 ORDINANCE N0. -2888 AN ORDINANCE AMENDING ORDINANCE NO. 77-2835 BY PROVIDING FOR THE DESIG- NATION OF COMMERCIAL VEHICLES AND CLARIFYING THE TIME LIMITATIONS FOR LOADING OR UNLOADING IN CERTAIN LOADING ZONES BY REPEALING SECTIONS 6.15.03.A AND 6.01.09 OF ORDINANCE NO. 77-2835 AND ENACTING NEW PRO- VISIONS IN LIEU THEREOF. SECTION 1. PURPOSE. This ordinance provides for a manner of designating vehicles which are used primarily for commercial purposes. Commercial vehicles pursuant to Ordinance No. 77-2835 are allowed to park in certain zones for the purpose of loading or unloading property. This ordinance also clarifies time limitation for loading or unloading in various loading zones. SECTION 2. AMENDMENT. The following section of Ordinance No. 77-2835 shall now read as follows: 6.01.09 COMMERCIAL VEHICLES. Means every vehicle designated, maintained or used primarily for the transportation of property. Every such vehicle shall display either a sign or other insignia which is attached permanently onto the vehicle indi- cating that it is commercial in use or a sticker issued by the City. The Director of Finance shall establish rules and regulations governing the issuance of such stickers. Said regulations shall become effective upon adopt- ion by resolution by the City Council. 6.15.03 STANDING IN LOADING ZONE. A. Loading Zone. No person shall stop, stand or park a vehicle for any purpose or length of time other then the expeditious un- loading and delivery or pickup and loading of property in any place marked as a Loading Zone during hours when the provisions appli- cable to such zones are in effect. In no case shall the stop for loading and unloading of property exceed fifteen (15) minutes. �16 Ordinar Page 2. B. Commercial Vehicle Loading Zone. Only commercial vehicles which are properly desig- nated as such may stop, stand or park in a loading zone designated Commercial Vehicle Loading Zone; and no person shall stop, stand or park a commercial vehicle for any purpose or length of time other than the expeditious unloading or delivery or pickup and loading of property in any place marked as a Commer- cial Vehicle Loading Zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of property exceed 30 minutes. C. The driver of any vehicle may stop temporarily at a loading zone or commercial vehicle loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not inter- fere with any vehicle which is waiting to enter or about to enter such zone to load or unload property. SECTION 3. REPEALER. Sections 6.01.09 and 6.15.03 A of Ordinance No. 77-2835 and all other ordinances or sections thereof in con- flict with the provisions of this ordinance are hereby repealed. SECTION 4. ,SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the valid- ity of the Ordinance as a whole or any section, provision or part thereof not adjudged in- valid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 4th day of April 1978. ��G�Ziliu l�I • �.�.G�eG� MAYOR CITY CLERK Ord. No. 78-2888 • Page 3 It was moved by deProsse and seconded by Erdahl that the Ordinance be adopted, and upon roll call there were: AYES NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera 1st consideration 3/21/78 Vote for passage: Ayes: Balmer, deProsse, Erdahl, Perret, Vevera. Nays: none. Absent: Neuhauser, 2nd consideration 3/28/78 Roberts Vote for passage: Ayes: Perret, Roberts, Vevera, Balmer, deProsse, Erdahl, Neuhauser. Nays: none. Date of Publication RraiVED & APPEOVED BY THE LEGAL DEPARTMENT �•'/nJ,'/ /may%J//�, CIVIC CENTER, 110 E. WASHINGTON ST. IOWA CITY, IOWA 51240 31 9354 1lW STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2889 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 18th day of April , 1978 all as the same appears of rector -in my office and published in the Press Citizen on the 22nd day of April , 1978 Dated at Iowa City, Iowa, this 18th day of May 19 78 , Printers fee $'j CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN h _ _ Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS. CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is her to attached, was published in said paper M times, on the following dates: + d 1 Cashier Subscribed and sworn to before me this day of APA i A.D. 19 -79 /� Notary Public No. / e 7 i% 3o, /t7� OFFICIAL PUBLICATION ORDINANCE 40. l :L8t M ORDINANCE PROHIBITING SMOKING IN DESIGNATED PLACES IN IDYA CITY. SECTIO" 1. PURPO E. The purpose of this ardl Pence s pro c B -bl1c health, esfort and ea- vlromeant P' The senting 11 public places And public sestlngs eaapt in designated areas. SECTION 2. DEFINITIONS. L 'Public plate' weans any enclosed. In -dor ares used by the gnNral public. Including, but Pot Ijmlad to, municipal buildings. ban, m- coomwes, mUtl atom ca and other asrclal estsblish,n ts, public anveyancas and seting ro(m. 2 ^Public meetingg' sans all setings open to the Public Of dee City CoOmil aha the Boards and Com- miso'ns of the City of tow Cl ty. This 0rdtsnm shall rot apply to slurps of the School Bata, Ne aBoard of gtlgtes hold Supervisors. sIn {an Cindy Cher Scete or Federal D. -Socking' sans inhaling or 1aM11nq the yoke of, or the Possession or Control Of, a 1 ghted cigarette. Digs. cigar or little tips'. SECTION . SMOKING PRO "BITE IN CERTAIN AREAS. nq s Dro n Du c p sus or a pu 11c utetings except to desigmted +woking ams. This Ordl Mnc, does not Apply in uses in which an "tire you or 411 is used for a private social function and seating Arrangements art under the control Of the sponsor of the function aha not of the pnprfe- cor or person In control of the pia. Furthereom. it generally frocuanted by thePublic epleco ofwort ho SECTION a. USPMSTSIL17 OF PROPRIETORS. TM pro- p' deter ora r person v Ng C Me o a public place shall a) Post appropriate algae; O) arrage seating to pwr1r�a a aoclke-fm awl c)/Prone any Mann who Is observed guessing violation of this ordiana that Me - 1, Prohibited by law In that piece or aro+. SECTION 5. ND SMOKING AREAS POSTED. the proprietor oro er persons ry nI c terga o a public place shall cause a be Mstoo vi thin the am where the prohibition against socking Is In affect, one or Mrs cO.Spi'M.8 signs hearing the wards "Asking prohibited by law' or words 0r syao O, of similar effect. SECTION 6 DESIGNATION OF SMOKING AREAS. 1. The proprietor or other person 1. charge of a public place my designate faking ams. "apt 1n places to which socking is prohlblW ty the fire srshall or by the law. With [M tion of read seam and other oMwrc1.1 es MIS ea. bars, and restaurants, not Pore than 50 per ant of + public place my ba designated as a ssking am. 2In read r stares and other cmrclal estab- lishnena. yoking 1s prohlblted. este,[ that the _proprietor or other person In charge wY desigMte in area, rot to .steed 25 per cent of the read or cMwmrtal sales ares, where Cu,boaer3 Or employees AN, awoke. O. In bars and rtsawanes, at least 25 per cant of the perwhent seating mut he desigheted As A M sacking em, but the proprietor or other Person in charge shall have dee option w designate a greater Percentage of the persrmnt seating Is a Pon- ssking area. d. Where MkIng area$ an design ad, stating physical barriers end ventilation systaw shall two used to adnimla the towic effect of fwke 1. ad- 0ecent non -socking Areas. In the ass of public Places anslstlnqq of a single 'ppm, the provisions o this law shall be considered be, If one side of the room is merved and posted es • ro socking area. SECTION 7. VIOLATION NOT A MISDEMEANOR. Notwlth- s ng any o der o mots o f y of law City. Iowa, it shell Pot Its a mi,daeaemr for Any perton t0 violate Or disobey any provision of Nis Ord1MPa. ,ECTION 8. SEVERABILITY.If Any section, pro14110n o inVw Id Or tnceestitAltlOna)- such adSYdGtlOw ,,All Out affect the validity of theOrdUrnce of a whole or any Auction. Provision of pan to not adjudged invalid br unanstltutlanal: SECTION 9. EFFECTIV�QATE. This Orel Mna shall be n e ec a r ju nMr wags. Approval and publication is requited by 1a. passed SM adopted this 18th deY Of AMII 1978. KP I IYI � n ATTEST: April 22, 1978 ORDINANCE NO. 78-2889 AN ORDINANCE PROHIBITING SMOKING IN DESIGNATED PLACES IN IOWA CITY. SECTION 1. PURPOSE. The purpose of this ordinance is to protect the public health, comfort and en- vironment by prohibiting smoking in public places and public meetings except in designated areas. SECTION 2. DEFINITIONS. 1. "Public place" means any enclosed, in -door area used by the general' public, including, but not limited to, municipal buildings, bars, res- taurants, retail stores and other commercial establishments, public conveyances and meeting rooms. 2. "Public meeting" means all meetings open to the public of the City Council and the Boards and Com- missions of the City of Iowa City. This ordinance shall not apply to meetings of the School Board, the Board of Supervisors, and other State or Federal agencies held in Iowa City. 3. "Smoking" means inhaling or exhaling the smoke of, or the possession or control of, a lighted cigarette, pipe, cigar or little cigar. SECTION 3. SMOKING PROHIBITED IN CERTAIN AREAS. Smoking is prohibited in public places or at public meetings except in designated smoking areas. This ordinance does not apply in cases in which an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the proprie- tor or person in control of the place. Furthermore, this ordinance shall not apply to offices and places of work not generally frequented by the public. SECTION 4. RESPONSIBILITY OF PROPRIETORS. The pro- prietor or other person having charge of a public place shall a) post appropriate signs; b) arrange seating to provide a smoke-free area; c) inform any person who is observed smoking in violation of this ordinance that smok- ing is prohibited by law in that place or area. 113 Ord. No. 78-2889 Page 2 SECTION 5. NO SMOKING AREAS POSTED. The proprietor or other persons having charge of a public place shall cause to be posted within the area where the prohibition against smoking is in effect, one or more conspicuous signs bearing the words "smoking prohibited by law" or words or symbols of similar effect. SECTION 6. DESIGNATION OF SMOKING AREAS. 1. The proprietor or other person in charge of a public place may designate smoking areas, except in places in which smoking is prohibited by the fire marshall or by the law. With the exception of retail stores and other commercial establishments, bars, and restaurants, not more than 50 per cent of a public place may be designated as a smoking area. 2. In retail stores and other commercial estab- lishments, smoking is prohibited, except that the proprietor or other person in charge may designate an area, not to exceed 25 per cent of the retail or commercial sales area, where customers or employees may smoke. 3. In bars and restaurants, at least 25 per cent of the permanent seating must be designated as a no smoking area, but the proprietor or other person in charge shall have the option to designate a greater percentage of the permanent seating as a non- smoking area. 4. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in ad- jacent non-smoking areas. In the case of public places consisting of a single room, the provisions of this law shall be considered met if one side of the room is reserved and posted as a no smoking area. SECTION 7. VIOLATION NOT A MISDEMEANOR. Notwith- standing any other ordinance of the City of Iowa City, Iowa, it shall not be a misdemeanor for any person to violate or disobey any provision of this ordinance. //y Ord. No. 78-2889 Page 3 SECTION 8. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 9. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted this 18thday of April 1978. ROBERT A. VEVERA, MAYOR ATTEST: CUL , ABBIE STOLFUS, CITY LERK Y — Ord. No. 78-2889 Page 4 It was moved by Neuhauser and seconded by Perret and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration 4/5/78 Vote for passage: Ayes: Erdahl, Neuhauser, Perret, Roberts, deProsse. Nays: Vevera, Balmer 2nd consideration 4/11/78 Vote for passage: Ayes: Neuhauser, Perret, Roberts, deProsse, Erdahl. Nays: Vevera, Balmer. Date of Publication �• //J/%j///jam,, CIVIC CENTER 110 E. WASHINGTON N BT. KI t7 IOWA CITU, IOWA 52210 J10.J511lW STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2890 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 2nd day of May 1978 all as the same appears of recordin my office and pub ishedin the Press Citizen on the 6th day of may , 19 78 Dated at Iowa City, Iowa, this 13th day of ,lune 19 78 j Abbie Stolfus, ty Cler Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper � times, on the following Subscribed and sworn to before me this �. I A.D.19�. No Public N� II MARTINA M. MEYER ► . My COMMISSION ISSION EXPIRES re ah SEPTEPABER 30 1979 OFFICIALPUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 78-2090 All ORDINANCE AMENDING SECTION 3.33.3(15) OF THE FlUNICIPAL CODE OF 13WA CITY BY EXTE40ING THE HOURS OF 115E IN MERCER AND CITY PARKS. SEC TI O'i 1. PURPOSE. The purpose of this ordinance 's to tinge the closing time for Rercer and City Parksfrom10:30 to 11:00 p.m. from April 15 to October 31. sFCTION 2. AMEIOMEIT. Section 3.33.3(15) mere y amen a to read as follows: 15. Be in any Park or Playground, whether on foot or in a vehicle between the hours of 10:30 P.M. and 6:00 a.m., except as herein Provided, unless granted special autho- ritation by the City of Iowa City. Iowa. How- ever, from April 15, to* toper 31, the hours shall be from 11:00 p.m. to 6:00 a:m. in City Park and Mercer Park. SECTION 3. REPEALER. Section 3.33.3(15) a_ all of erFi �ordinances or Darts of ordi- nances in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. SEVERABILITY. if any section. proves on o—i r part of tYie ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the vali- dity of the ordinance as a whole or any section, provision or part thereof not adjud- ged invalid or unconstitutional. SEfTION 5. EFFECTIVE DATE. This ordinance T ¢ n P eft d ted its final pasta M, approval and publication as required by law. Passed and adopted this 2nd day of Hay 1p1E. Ra`G BET V VE ATTEST: A I T L 'JS, C CLE May 6, 1978 ORDINANCE NO. 78-2890 AN ORDINANCE AMENDING SECTION 3.34.3(15) OF THE MUNICIPAL CODE OF IOWA CITY BY EXTENDING THE HOURS OF USE IN MERCER AND CITY PARKS. SECTION 1. PURPOSE. The purpose of this ordinance is to change the closing time for Mercer and City Parks from 10:30 to 11:00 p.m. from April 15 to October 31. SECTION 2. AMENDMENT. Section 3.34.3(15) is hereby amended to read as follows: 15. Be in any Park or Playground, whether on foot or in a vehicle between the hours of 10:30 p.m. and 6:00 a.m., except as herein provided, unless granted special autho- rization by the City of Iowa City, Iowa. How- ever, from April 15 to October 31, the hours shall be from 11:00 p.m. to 6:00 a.m. in City Park and Mercer Park. SECTION 3. REPEALER. Section 3.34.3(15) and all other ordinances or parts of ordi- nances in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the vali- dity of the ordinance as a whole or any section, provision or part thereof not adjud- ged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted this 2nd day of May , 1978. ROBERT A. VEVERA,AYq OR ATTEST: ABBIE STOLFUS, CITY VLERK Y� 4 s. Ordinance No. 78-2890 Page 2. It was moved by deProsse seconded by Neuhauser th the ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: and x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration Moved by deProsse, seconded by Neuhauser, Vote for passage: that the rule requiring ordinances to be considered and voted on for passage 2nd consideration at two Council meetings prior to the Vote for passage: 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: Vevera, deProsse, Erddhl, Neuhauser, Perret, Roberts. Nays: none. Absent: Balmer. RECEIVED & APPROVED BY THE LEGAL DEPARTMENT WPW . 1 �• ^ CIVIC CENTER, SIO E. WASHINGTON ON 5T. I ^/�JJ////.I� IOWA CITU, IOWA SYNO`�//V�!171Y-3b1-1B00* STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2891 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 9th day of^gay , 1978 , all as the same appears of recor�in my office and published in the Press Citizen on the 19th day of May , 19 78 Dated at Iowa City, Iowa, this 13th day of June 19 78 i Abbie Stolfus, Ciry Cler a r o P" V- � OPF CIALPUBLICATION OPPIOIAL PUBLICATION - C. co . The Provisions. of this ordinance shall apply uniformly to the Loi struction. ma intanance, use and occupancy of all residential buildings at ORDINANCE NO. 78-2891 structures,.where. applicable,. and shall apply uniformly to the alteretio 1 repair, equipment, use, occupancy and maintenance of all existing resi- q1 I(i dentia14build.ings and structures within the jurisdiction of the. City of 1 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY Iawt City irrespective: of the date of construction. ' OF IOWA CITY, IOWA BY REPEALING ORDINANCE NO. 2319 0. Title. This ordinance shall be known and may be cited, as the Reusing Main I AND ALL SUBSEQUENT AMENDMENTS; AND ESTABLISHING MINIMUM price and Occupancy Code of the City of Iowa. City, hereinafter referrod� STANDARDS OF LIGHT, VENTILATION, SAFETY, OCCUPANCY, to as "the. Housing, Code". REPAIR AND MAINTENANCE OF DWELLINGS WITHIN IOWA CITY; PRESCRIBING METHODS FOR LICENSING ROOMING HOUSES AND CHAPTER 9.30.2. MULTIPLE DWELLINGS. AND PRESCRIBING PENALTIES AND. REMEDIES DEFINITIONS II FOR VIOLATIONS OF ITS PROVISIONS. Thepurpose of this Ordinance is to establish minimum standards for the , maintenance, use and occupancy of all residential dwellings and structures, 'thus providing for the health, safety and general welfare of the citizens of the City of Iowa. City, Iowa. II '(SECTION II. ESTABLISHMENT Chapter 9.30 of the Municipal Code shall now read as follows:. CHAPTER 9.30 TABLE -OF CONTENTS .CHAPTER 9.30.1 General Provisions . . . . . . . .. . . . . _ . . . . . CHAPTER 9.30.2 Definitions . . .. . . . . . . . . .. . . . . . . . . . . . . . . . .. . CHAPTER 9.30.3 ' Inspection and Enforcement . . . . . . . . . . . . . . . . . CHAPTER 9.30.4 Minimum Standards for Basic Equipment and Facilities . . . . . CHAPTER 9.30.5 Minimum Standards for Lighting, Ventilation, and Heating . ... . . . . . . The following definitions shall only .apply in the interpretation and enforcements of the Housing .Code: Assessor Struct re shall mean d detached structure which is not used, or not s intended to be u , for living or sleeping by human occupants. Ad 67 Grade shall mean the average. elevation or the ground which extends vee ee from the perimeter of the dwelling. AAl e�dd shall mean approved by or in accordance with regulations established by We Inspector. Attic shall mean anystory situated wholly or partly within the roof and so 665 ned, arranged, or built to be used for business, storage, or habitation. Basement shall mean a portion of a building located partly underground, but aF vino t7,ree and one-half (331) feet or more of itsfloor-to-ceiling height above the average grade of the adjoining ground. _ Bath shall mean a bathtub or shower stall properly connected with both hot and cO7 water lines. 1liar shall mean a portion of a buildig@I located partly or wholly underground an aving less than three and one-half `3$) feet of its floor -to -ceiling height above the average grade of the Adjoining ground. f 5j Central Heatih S stem. shall wean a single system supplying heat to one (1) or Central - we ng units or more than one `1') rooming unit. 7 Co mural shall mean used or shared by, or intended to be used or shared by, the occupants of two (2) or more rooming units, or two (2) or more dwelling units. f 9 Court shall mean An open unoccupied space other than a yard on the same lot ' CHAPTER 9.30.6 witF-a dwelling. A court not extending to the street or front or rear yard is( Minlnxmi. Space, Use, and Location Requirements. , ... . . . 92 an inner court. A court extending to the street or front yard or rear yard is all outer curt.' CHAPTER 9.30.7 Responsibilities of Owners Relating to the Dining Rope shall .mean a habitable roan used or intended to be used for the 1 Maintenance of Dwellings and Dwelling. Units.' . . . . . . . .. . . . . . . 13 purpose of eating. but notfortcooking or the preparation of meals. ;CHAPTER 9.30.8 O.uoI x 0411 mean any habitable structure containing two (2) single dwelling Responsibility of Occupants Relating to the un s, Maintenance of Dwellings and Rooming Units . . . . . . ... . . 16 _ Dwellingshallcall mean. any building Structure, except temporary housing, which (CHAPTER 9.30.9 ` f wholly Or partly us¢d'.or intended to be used for living or Bleeping by harem Rooming Houses . . . . . . . . . . . . .. . . . . . . . 17 occupants and includes any Appurtenances attached thereto, �CAAPTER 9.30.10 Dwellin nit shall mean .any :habitable room or group of adJoining habitable . .. . . Multiple Dwellings .... . . .. . ... . . . . . 22, rooms oca within a dwelling and forming a single unit with facilities which . ( . . . . Are us¢p'or intended to be used for living, sleeping, cooking, and eating of CHAPTER 9.30.11 reels. , Remedies ..... ... ... 25 - E res 0411 mesh an arrangement of exit routes to assure a safe means of exit ,CHAPTER 9.36.12 ran uildings, - Retaliatory Conduct Prohibited . . . . . . ., . . . ... . . . . . ... - 25' Extermination shall mean the control and elimination. Of insects, rodents, or CHAPTER 9'30.13 OtWer pests eliminatingtheirharborage laces; by removing or making Rent Escrow. 26 materialsinac- sibleethe mayServeas their food;by poisoning spraying fum- cesIgating. .. m . trapping; or by any other recognized and legal pest elimination mothod• � CHAPTER 9.30.1'-- approved by the HoWng Inspector,. GENERAL PROVISIONS I, family shall mean One (1) person or two (2) or more persons relatedby blood, 9.30.1 General Provisions. The following general provisions shall apply in the marriage, Adoption or placement by a governmental or social service 49eacy. 1 1 occupying a living unit as an individual, housekeeping organization. A family interpretsMena enor fit of this ordinance. may 4154 be two (2)., but not more than two persons. not related by blood, marriag 0 A. B. _ or edoptign, 11 1 Leeislative Findlng. It is hereby found that there exist and may in the :garbage shall mean animal and vegetable waste re fusuiting from the handling,four* exist, the City of fovea City, premises, dwellings, dwelling preparation, cooking, or consumption of food; and shall also mean combustible units, rooming units, or parts thereof, which by reason of their structure, waste material. The term shall also include paper, rags, cartons, boxes, wood, equipment, sanitation, maintenance, dse, or occupancy affect or are likely excelsior, rubber, leather, tree branches, yard trimmings, and other combustible to affect adversely the public health (including the. physical, mental., and materials. :social. well-being, of persons. and families), safety, and -general welfare. s To correct and prevent the existence of such adverse conditions, and to achieve and maintain such levels of residential environmental quality as will protect and promote public health, safety, and general welfare, it is further found that the establishment and enforcement of minimum ,housing standards are required. Purposes. It is hereby declared that the, purpose of this ordinance is to Pro CC preserve, and promote the physical and mental health and social well-being of the people, to prevent and control the incidence of com- municable diseases, to reduceenvironmental hazard5ta hea Ttil, to -regulate. privately and publicly owned dwellings for the purpose of, maintaining adepuate sanitation and public health,. and to. protect the safety of the W010 and to promote the general welfare by legislation which Shall be applicable to all dwellings now in existence or hereafter constructed. It is hereby further declared that the purpose of this ordinance is to insure that the quality of housing is adequate for protection of public health, safety and general welfare, including:. establishment of minimum standards for basic equipment and facilities for light. ventilation,. and thermal conditions, for safety from fire and accidents, for the use and location and amount of space for human occupancy. and for an Adequate level of maintenance; llatenmination of the responsibilities of owners, operators and occupants of dwellings; and provision for the administration and enforce- meet thereof. Habitable Room shall mean a roam or enclosed floor space used, or intended to be, use or v ng, sleeping, cooking, or eating purposes; excluding bathrooms-, I toilet rows, laundries, pantries, foyers. or communicating corridors, closets, ,Storage spaces, and stairways.. i Housin ins ectorshall mean the official or ,officials of the City of Iowa City appen to a m nister the provisions of the Housing Code. I Infestation shall mean the presence, within or around a dwelling, of any in- sects, r ents,or other pests. , Kitchen shall mean a habitable roomused -or preparation of meals. intended to be used for cooking cur fie s Kit�chemett¢. shall mean a food preparation area not less than forty (40) square eef t—in area. + I s Kitchen Sink shallmean a Sink of a size and design adequate for the Our of was ing eat na and drinking utensils, located in a kitchen, properly corrected 1 with a cold water line and a hot water line. ' Lav for Basin shall mean a handwashing basin which is property connected wjthh/f t an cold waterlines and which is separate and distinct. from a kiaaH sink. e be5Room shall meant a habitable. room within a dwelling unit which is used. or e used, primarily for general Iivipg purposes. Multi le Mlling shall mean any dwelling containing three (3) or more dwelling units. O4cc_upait shall mean any person, including owner or operator, living, sleeping, cooks ng..in, or having actual possession. of a dwelling, dwellidg unit, or a rooming unit. BVerat��oe shall mean any person who rents. to another or who has custody or control.of a building., or partthereof, in which dwelling units or rooming units are let, or who has custody or control of the premises (for rooming houses, see i Rooming House. Operator). Owner shall mean any .person who has legal title or equitabletitle, or has custody or control of any dwelling. dwelling unit, or rooming unitas executor/ executrix, administrator/administratrix. trustee, or guardian of the es tate. of the. owner. Permit shall mean a certificate certifying that the unit for .which it is issued was compliancewith the applicable provisionsof this. Chapter when. last , inspected. Said Certificate shall expire one (1) year few the date of is- suance, unless sooner suspended or revoked as hereinafter .provided, and shall be renewed. annually. Person shall mean any individual, firm, corporation, association, or partner- PI artner- _Plumbin shall mean and include all of the. following supplied. facilities and equipment: gas pipes, gas -burning equipment, water pipes, garbage disposal units, waste pipes, toilets, sinks... lavatories,. bathtubs, shower baths, in- stalled dishwashers and clothes washing machines, water heating devices, catch basins, drains, vents, and any other similar supplied fixtures together with all connections to water, ;sewer or gas lines. Premisesshall mean a platted orunplatted lot or part thereof, either occupied 'I or unoccupied by any dwelling or accessory .structure. Privacy shall mean the existence of conditions which will permit a..person or persons to carry out an activity commenced without interruption or interference by unwanted persons. Refuse shall mean waste materials (except human waste) including garbage, ru sh, ashes and dead animals. Refuse. Containershall mean a:Watertight container that is constructed of metal, or -otos e --h T &F-5 eT material impervious to rodents, that is capable of being serviced without. creating .unsanitary conditions. Roomer shall mean an occupant. of a rooming house who is not member of the fadnTTY7 of the rooming house operator of thateroding house, and shall also mean 'I an occupant of a dwelling unit who is not a member of the family occupying the dwelling unit. Roomin Mouse shall mean any dwei,ling, or that. part of any. dwelling, containing one or .more rooming units, in which space is let by the owner or operator to three (3) or more roomers. 1. Roomin House -T i shall mean a rooning. house in which space is let to :more t an two but fewer than nine (9) roamers. 2. Roomin House -T a Id shall mean a rooming house in which space is let to nine or more roomers. _ Roomin Hduse 0 erator $hall..mean any person who rents, to another or who. has cus o y or control a building, or part. thereof, in which he resides and in which rooming units are let. Roomin Unit shall, mean any room or group of rooms forming a single habitable NIM, n a rooming, house used or intended to be used for hiving and sleeping, but. not for cooking or eating of meals. Rubbish shall mean inor anic waste material Consisting of combustible and/or no -o nrcombustible materials. ylied shall mean paid for, furnished, provided by, or under the control of owner or operator. , Temporary Housingshall mean any tent, trailer, motor home or other structure Tem or uman sieltei'which is designed to be transportable and which is not attached to the .ground, to another structure, or to any utilities system on the same premises for more than thirty (30) consecutive days. Nshalt l mean a water closet, with Bowl and trap made in one (1) piece, l -is of such shape and form and which holds a sufficient quantity of water so that, no fecal matter will collect, on the surfaceof the bowl and which is equipped with flushing .'rfms wTNch. peFmit-t(se w proper d a scoured when water is discharged through the flushing rim. Mea�nin of�Certa in Words. Whenever the .words "dwelling", "dwelling unit", 'room's ng house'r, "rooming uni.E", or "premises" are used in this Chapter, they shall be construed as though they were followed by the words "or any part thereof". ' CHAPTER 9.30.3. INSPECTION AND ENFORCEMENT Enforcement Notice: 8. Access by Owner or 0 eratgr. Every occupant of a dwelling, dwelling uni or rooming ascii-silo give the owner or operator thereof, or his agent of employee, access to any part of such dwelling, dwelling unit, rooming uni or its premises atall reasonable times for the purpose of effecting such maintenance, making such repairs or making such alterationsas are neces- sary to effect compliance with the provisions of the Housing Code or with any lawful rule or regulation adopted or any lawful notice or order issued pursuant to the provisions of the Housing Code. C. RRiightht of EntrvEntre. Wherever necessary to make an inspection to enforce any of e prth ovisions of the Housing Code, or whenever the Housing Inspector or his/her authorized representative has reasonable Cause to believe that there exists in any dwelling, dwallinq units, rooming units, structures, or Premises any condition which makes such: unit or premises in violation of any provision of the Housing Lode, or in response to a complaint that an alleged violation of the provision of the Housing Cade or of applicable rules Or regulations,pursuant thereto may exist, the Housing Inspector or his/her authorized representative may enter such unit or premises at all reasonable times to inspect the same or to perform any duty imposed upon She Housing, Inspegtor- by the Housing Code; provided that if such unit or premises be occupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. The Housing Inspector or authorized repre- sentative shall at such time; 1. Identify himself/herself and his/her position. 2. Explain why entry is sought. 3. Explain that the owner or other person having Charge or control of the premises may refuse, without penalty, entry without an Order to Allow Inspection.: 4. Explain that if entry ,is refused, the Housing Inspector may apply to a Magistratefor an Order to Allow Inspection. p. Order to Al law�lns ect�ion. The Housing Inspector is hereby authorized to conduct consensual inspections of any dwelling within ibwa City, Iowa, on i reasonable and regular inspectional basis or upon request Or complaint, in 'order to perform the duty of safeguarding the health and safety of the :occupants or tTie puhl i C. consant to inspect the building is withheld I any person or persons having the. lawful right to exclude,. the Housing Inspector shall apply to a Magistrate of the Iowa District .Court in and h Johnson County for an order to allow inspection of the building. E. Penalty. NO Owner or occupant. or any other person having charge, care or c o,Tro1. of any dwelling, dwelling unit, rooming unit, structure. Or premises shall fail or neglect, after presentation of an Order to Allow, ' Inspection or a Search Warrant, to properly permit entry therein by the Housing Inspector or his/her authorized representative for the purpose m inspection and examination our5want to the Housing Code, Any person via leting this subdivision shall be fined not more than $100 be imprisoned I County Jail for not more than thirty (30) days. F. Evi ence, Evidence Obtained by use of an Order to Allow Inspection may I age to effectuate the purposes and provisions of the Housing Code in and ensuing action brought by the City for a violation of the Housing Code. A. Authorit , The Housing Inspector is hereby authorized to administer and en orce he provisions of the Housing We. and to ,make inspections to determine the condition of all dwellings, dwelling units, rooming units, structures,and premises located within the City of Iowa City, in order that he/she may perform his/her duty of safeguarding the safety and welfare of the Occupants of dwellings and of the general public._ G. Service_of Notice. Whenever the n rs,ng-Inspector determines that ther has been a violation, or that, there arereasonablegrounds to believe t there has been a violation of any provision of the Housing Code or of a rule or regulation adopted pursuant thereto, he shall give notice of su violation or alleged violation to the person or persons responsible the for.. ,Such notice shall: 1. Be put in writing; ` 2. Include description of the real estate sufficient for identl cation; 3. Include a statement of the reason or reasons why it is being issued; 4; Allow areasonable time for the performance of .any act it re- quires; S. Be served upon the owner, or the operator, or the occupant, as the case may require; provided that such notice shall be deems ` to be properly served upon such owner, or upon such operator, o, upon such occupant, if a copy thereof is delivered to him per- sonally or, if not found, by leaving a copy thereof at his usual place of abode, in the presence of someone of the family of suitable age and discretion who shall be informed of the content thereof, by registeredmail or by certified mail, with return receipt requested, to his last known address, or if the :•eg-^ istered or certified letter with the copy is returned with receipt showing it has not been delivered to him, by posting a copy thereof in a conspicuous place in or about the dwelling affected by the notice. Such notice may contain an outline of remedial action which, if taken, will effect compliance with th?, provisions of the Housing Code and with rules and regulations adopted pursuant thereto. 6. Be effectivenotice to anyone having interest in the property whether recorded or not at the time of giving such notice; and .shall be effective. against any subsequent owner of the premises as long as the violation exists and there remains an official copy of the notice in a public file maintained by the Departmei of Housing and Inspection .Services. H. Housdn A Cols Board. In order to provide for final interpretation of annum.. ons of t e Housing Code and to hear appeals provided for hereunde there is hereby established a Housing Appeals Board consisting of five (f members and two (2) alternates who are members of the Housing Commission, none of whom are employees of the City: The City Manager shall designata a Secretary to the. Board. The Board shall be appointed by the Council al shall hold office at its pleasure. The Board shall adopt reasonable rule and regulations for conducting its business and shall render all decisio and findings in writing to the. appellant with a copy to the Housing Insp tor.' Appeals to the Board shall be processed in .accordance with the pro visions contained in the Iowa City Administrative Procedures Ordinance. Copies of all rules and regulations adopted by the Board shall be delive to the Housing Inspector who shall make them freely accessible to the public. _._- - -- -- - - I. Av�al s. Any person affected by any written order of a HouS.in Codeviola- oti n, order suspending a housing permit, notice of intent. to placard, or notice of elibigility for a rent escrow program may appeal to the Housing Appeals Boardin accordance with the procedures of the Iowa City Administra- tive Procedures Ordinance. If the Board sustains or modifies such notice, it shall be deemed to be an order and the owner, operator, or occupant, as the case my require, shall comply with all provisions of such order within a reasonable period of time. J. Other Remedies. No provision or section of this ordinance shall in any way mTii any otter remedies available under the provisions of the Housing Occupancy and. Maintenance Code or any other applicable law. K. Emergency Orders. Whenever the Housing Inspector, in the enforcement of the nounn9 uoaewoe, finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting theexistence of such an 'emergency and requiring that such action be taken as he deems necessary to meet such emergency. If necessary, the Housing Inspector may order that the, premises be vacated forthwith and that'they shallnot be reoccupied until the order to make repairs has been complied with. Notwithstanding other provisions of the Housing Code, such order shall be effective. immediately, or in the timeand manner prescribed by the order itself. 1. _Hearing. Any person to whom such order is directed 'shall comply therewith, :out upon petition to the Board.. shall beafforded a hearing as: prescribed in the. Housing Code. After such hearing, depending upon thefindings of the Board as to whether the provisions of the Housing Code and the rules and regulations' adopted pursuant thereto have been complied with, such Board shall continue such order or modify it or revoke it. Nothwith- standing other provisions of the Housing Code, every notice served by the Housing. Inspector shall be regardedas an order. DHAPTER,g. 30.4 MINIMUM STANDARDS FOR BASICEOUIPMENT AND. FACILITIES No person shall occupy or let to another for occupancy any dwelling or dwelling unitfor the purpose of living, sleeping, cooking or eating therein which does Pat complywith the following requirements: A. 2uup 11'ed Facility. Every supplied facility, piece of equipment. or utility re quredsbal T' be constructed or installed so that 1,t will function safely and shall be maintained, in satisfactory working condition. o B. Kitchens. Every dwelling unit shall have a kitchen room, or kitchenette equi�ppc with the following: 1. It shall include an approved kitchen sink. 2.. It shall contain a refrigerator (in proper working order) with an adequate food storage capacity. 3. It shall contain a stove or range in proper working :order. C. Toilet Required. Every dwelling unit .shall contain a toilet. B. Bath Required. Every dwelling unit sh4ll'contaip a bath. E. Lavator Basin Re aired. Every dwelling ante shall contain a lavatory 4stn w t n room containing the toilet. F. Privac In a R om Containin Toilet and Bath. Every toilet and every bath SF a coelom wit in a room or Within separate rooms which afford privacy for a person within said rooms. G. Water HeatinFadlities Re aired. Every ki ahem sink,, bath, and lavatory as n requ re n accor once w t the provision of the Housing Code,shall be properly connected with supplied water heating facilities. Every sup- plied water heating facility shall he properly connected and shall be capable of heating water -to such a temperature as to permit an adequate amount of water to be drawn at every kitchen sink and lavatory basin re- quired under the provisions of the Housing Code at a temperature of not less than one hundred twenty (120) degrees Fahrenheit (48 degrees C). Such supplied water heating facilities shall be capable of meeting the: require, mehts of this subsection where the required dwelling. or dwelling unit heating facilities are not in operation. H. Connection of Sancta Facilities to Water and Sewer 5 stem. Every. kitchen sink, a ova ry s ii a at s a n goo working condition and properly connected to an approved water and sewer system.- I. Exits. 1. Two means. of egress required: oft. Ts-29ql -pace 3 (e� All sta i'rs and sups shall have a r(ser ha—fight qt not sore 1 eight (B) inches and a tread width of not less than nine (9) inches. second (() All shallxberior equippedswith aise esfhncttenip locking floor vice.a A equipped V n9 9 (g) Oaring the portion of each year when the Housing Inspector de it necessary for protection against the elements and cold, em door. opening directly from a dwelling unit or rooming unit t outdoor space. shall have supplied storm doors with a self- closing device; and every window or other device with openingi the outdoor space Shall likewise be supplied with storm windov except Where such other device for protection against the else and cold is provided Such as insulating glass, and insulated metal exterior doors. (h) No existing fire escape shall be daemad a sufficient means of egress unless it is in compliance with the Building and Fires Codes of Iowa City. 3. In basement units where one means of egress is a window, such winder shall `open directly to-the.street or yard,. shall be at least twelve (12) square feet in area clear of sashfraise, and shall open readily J. Basement or Cellar Under Entrance Floor . Every dwelling shall have a basement, cellar or excavated floor space under the entire entrance floor at least three (3) feet in depth or shall be elevated above the ground R that there will be 4 clear air space of at least eighteen (18) inches between the top of the ground and the floor .joist so as to ensure vent- ilatigd and protection from dampnessi provided, however, that cement floc may be laid. on the ground level if desired. CHAPTER 9.30,5 MINIMUM STANDARDS FOR LIGHTING VENTILATION, ANO HEATING OFPICIALVIJBLICATION OFFICIAL PUBLICATION W ` No personshall occupy asowner-occupant, or let to another for occupancy, al. dwelling unit, or portion thereof, for the purpose of living therein,, which Al not comply with the following requirements: A. Minimum Rear Yard Re uirements. Every single and two (2) family dwellil shall ave a rear yar w c s:a minimum of ten (10) feet deep for stm tures one (1) story in height, plus two (2) feet for each additional sN An irregularly shaped lot maybe occupied by a dwelling without complyH with the. provisions of this section if the total yard space equals that required by this section. B. Minimum Side Yard Re uirements. If a dwelling is*erected up to the Sid of ne, gh an vent at on as required by the Housing Code shall b providedby means other than windows opening to the side yard. In case all dwellings having side yards. the Width shall be not less than four feet for the first story plus one (1) foot for'each additional story. c ' c. . More inan une otructure on a oat. wnere more tnan one lI) structures A erects ,upon t e same ot, tet. between then shall not be less eight (8). feet. This distanceshall beincreased -two (2) feet for Lact additional story .above the: second. A Courts. r 1. The minimum width of an outer court of a one (1) storydwelling sh' be five (5) feet, for a two (2) story dwelling six (6) feet. for a three (3) story dwelling seven (7) feet, and shall increase one (1 foot for .each additionalstory. 2. An. inner .court 'shall be twice themihimum width required for an ou court'. _ (a) Every dwelling unit and rooming unit shall have access to two (2) independent, unobstructed means of egress remote from each other. At least one (1') shall be a doorway which discharges directly or via corridors or stairways or both to the exterior of Ahe building at ground level. E. 2. Every exit from .every dwelling .shall. comply with the following require- ments: (a) it shall be kept in a reasonably good state of repair. (b) All existing stairways of four (4) or more risers shall have at least one (1) handrail and those stairways which are five (5) feet or more in width, or which are open on both sides., shall have a handrail on each side. Stairways w'hich are less than five. (5) feet in width shall have a handrail on the left hand side as one, mounts the stairs and on the open side, if any. (c I. All handrails shall be substantial and s(wll be located between thirty (30) and thirty-four (34) inches above. the nose of the stair treads. (d) All .platforms accessibleto occupants and situated more than two (2) feet above adjacent areas shall be protected by substantial 3. The width of all courts adjoining the lot line shall be. measured U the lot line. 4. In mixed-use dwellings where there are no dwelling units on the los story, courts may start on the 'top of such lower story. l 5. Every inner court extending through more than one (1) story shallb provided with a horizontal air intake at, the bottom. 6. , Irregularly shaped court yards must meet the minimum area require- cents.Any structure hereafter placed on the same lot with the dwelling shall be so placed as to maintain the minindm yard require ' meht5.1 7. In every dwelling where there is a court or shaft of any kind, there shall 'be at the bottom of every such shaft and court a door giving sufficient access to such shaft or court to enable it to be. properly .cleaned out; provided that.where there is already a window giving proper access it shall be deemed sufficient. Natural Li ht. Every habitable room except. kitchens shall have at least one. On w facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be at least ten (10) percent of the floor area of such room. whenever the only windo in a room is a,skylight type.. window in the top of such room the total. window areaof such skylight shall equal at least fifteen (15) percent of the total floor area of such room. F. Lighting of'Public Halls, Stairways, Bas 'Cs:. and Cellars. 1. Public passageways and stairways -in buildings accommodating two (2) four, (4) families shall be provided with conve/gient wall -mounted lis switches controlling an adequate lithting system which maybe turnei an when needed. An emergency circuit is not required for this 14ghi 2. Public,'paisageways and stairways in buildings accommodating more thi four (4) units shall be lighted at all times -with An adequate arti- ficial lighting system; except, thatsuch artificial lighting may It omitted from sunrise to sunset where an adequate rptural. lighting system is provided. Whenever the occupancy of the building excels one hundred (100) persons, the artificial lighting -system as reg),a __ __ herein shall bean an emergency circuit. ot%A. 78 -PL841 -Page H 3. .All basements and cellars shall be provided with an adequate lighting system which. may be turned on when. neetled. A. Habitable Room Size. All. habitable rooms used for living, sleeping, and ` eafl`og—s1aREWnFATn..at least eighty (80) square feet of floor area and nal 4. Intensity of Light. An adequate lighting system, asrequired herein, such room: shall be less than seven (7) feet. wide. The oieimam size for I shall mean an intensity of two (2) foot candles at a plane thirty (30) habitable rooms used for food preparation shall be forty (40) square feet inches above the floor line. in .area and a kitchenette may be less than seven (7) feet, (vide. In all dwellings and in each apartment or group or suite of ,rooms, there shall be S. the required intensity shall apply to both natural and artificial at. least one( I) room containing not less than one hundred twenty (120) lighting. - square feet of floor area. - G. Ventilation. - '8. Floor.Ar a Per Occupant. .Every dwelling unit shall contain at least one hundred ty 0 square feet of floor space for the first occupant 1. Natural Ventilation. thereof and at least one hundred (100) additional square feet of floor t space for every additional occupant thereof. H. 3. 4. (a) The -total of openable window area in every habitable roomsshall be equal to at least forty-five (45) percent of the minimum window area size as required above. ' (b) During that portion of the, year when the Housing Inspector deems it Necessary for protection. against mosquitoes,. flies, and other insects,. every door used -foe venti'latibii, opening directly Trop a dwelling unit or roaming, unit to outdoor space,. shall have supplied screens of 'not less than sixteen (76) mesh per inch and a self-closing ,device; and every window or other device with openings to the outdoor space, used for ventilation, shall like wise be supplied with such'screens. (c) In a bathroom or toilet room, the minimum window size shall be not less than four (4') square -feet between stop beads. (d) Whenever a window faces an exterior wall or structure which, extends higher, than the ceiling of the room and is located less than three (3) feet from the window, such window shall not be' included ascontributingto the required, minimum window area for the purpose of ventilation. Mechanical Ventilation. - (a) In lieu of openable windows, adequate ventilation may be a system of mechanical .ventilation which provides not less than fifteen (15) air Changes per hour in all, habitable rooms and/or ba'tbrooms or toilet compartments. (b) No mechanical exhaust system, exhausting vapors, gases or odors shall be discharged into an attic, crawl space or cellar but shaTI be directed to the outside air; except that this shall not prevent the mechanical exhausting of normal room air to attics when used solely for cooling purposes. Basements and Cellars. ` (a) Cellars and nonhabitable areas of basements shall be provided window area of not less than one (1) percent of -the floor area. (b) Every cellar Window used or intended to be used for ventilation, and every other opening to a cellar or crawl space which might provide an entry for rodents, shall be supplied with a heavy wire screen of not larger than one-fourth (B) inch mesh or such device as will effectively prevent their entrance. Crawl Spaces and Attic. Spaces shall'be provided with ventilating area not less than 1/3OOths of the floor area. C. Air Space In Sleeping Rooms. In everydwelling unit of two (2) or more rooms, every room,occuplea for sleeping purposes shall contain at least four hundred (400): cubic feet of air space for each occupant twelve (12) years of age or older and, at least two hundred (200) cubic feet of air space for 'each occupant under twelve (12) years: of,age. D. Ceiling Height. No habitable room in any dwelling shall be in any part ass men (7) feet high from finished floor to finished ceiling; the average height of any such room shall not be less than seven feet six inches (7'6"). Any habitable room located directly below a roof 1n a private or a two (2) family dwelling requires a seven (7) foot ceiling height in one-half(s,) its area, and areas. of less than five (5) feet 1, ceiling height shall. not be considered as a. part of the required room area. E. Direct Access. Access to each dwelling unit or rooming unit shall not requ ri e. (irsi entering any other dwelling unit or rooming unit (except that access to roaming units may be through a living room of a unit occupied by the owner -operator of the structure):. F. Basement Space 11a~p Be Habitable_. No basement space shall be used as a to a area un ess: I... . The floor and walls are of waterproof and: damp proof construction. 2. The total window area in each room ds equal to at least the minimum window area sizes as required in Sections,9.30.5.E. and 9.30.5.G.l.a. 3. Said roams shall have a minimum ceiling height. of seven (7) feet to al parts fromfinished floor to.finished ceiling. 4. There shall be' appurtenant to such room the use. of a toilet room. CHAPTER. 9.30.7 RESPONSIBILITIES OF OWNERS RELATING TO THE MAINTENANCE OF DWELLING W L U S, No person -shall occupy as owner -occupant, or let to another for occupancy, any ;dwelling unit, orportion thereof., for the purpose of liviniq therein, which doe not, comply with. the following requirements: i ' A. Heating 1. Every dwelling shall haveheating. facilities which are :properly installed, are maintained in safe and good working, condition. and are capable of safely and adequately heating all habitable rooms, bath- rooms, .and toilet rooms .located therein to a temperature of at least sixty-eight (68) degrees Fahrenheit (20 degrees C)and shallmaintain in all said locations a minimum temperature of sixty-five (65) degrees I Fahrenheit, (18 degrees C) at a distance of three (3) feet above the floor level' at all times. Such heating facilities shall be so operated and equipped that heat as herein specified is available. to .all dwelling units. and rooming units, 2. Every central heating unit, space heater, water heater, and cooking 'appliance shall be located :and installed in such amanner, so as to afford reasonable protection against involvement of egress facilities B. or egress routes in the event of uncontrolled fire in the structure. 3. Every fuel burning heatingunit or water heater shall be effectively vented in a safemanner to.a chimney or duct leading to the exterior of the building. The chimney, duct, and vents shall be of .such design IC. as to assure proper draft, shall be adequately supported, and shall be, • keptreasonably clean and in good condition. 4.. No fuel burning furnace shall be located within any sleeping room or 0. bathroom unless provided with adequate ducting for air 4up@1y from thel exterior, and the combustion chamber for such heating unit shall be sealed from the recall in an. airtightmanner. -Water heaters are pro- hibited inbathrooms or sleeping rooms. 5. Every steam, or hot water boiler and every water heater shall be 'protected against overheating by appropriate temperature and pressure limit controls. 6. Every gaseous or liquid fuel burning heating unit and water heater E. shall be equipped with electronic ignition or with a pilot light and' an automatic control to interrupt the flow of fuel to the unit in the , -event of failure of the ignition device. All such beat Ing units with .plenum shall ,have a limit control to prevent overheating.. ' CHAPTER 930.6 F• �. MINIMUM SPACE, USE, AND LOCATION REQUIREMENTS Maintena ce f Structure. Every foundation, roof, floor, wall, ceiling, 'sta ff,-s ep, s. ewes t, :and every window, door,.and other aperature coverin shall bema intained in good condition. 1.. Every door, door hinge, door latch, and door lock.shall be in good condition and every door, When closed, shall fit reasonably well within -its frame. Thereshall be no exposed, cracks or openings. in :or around door frame. All windows and exterior doors, and their frames' shall be constructed and.maintained in weather-proof condition. 2. Every doorway providing ingress,or egress from any dwelling unit, roomingunit,.or habitable room shall beat least six (6) feet four _(4) inches high and': twenty-four (24) inches wide. All entrance 'doorways to dwelling units and rooming units shall be equipped with Moors which effectively close the doorway. 3. Every interior partition, wall, floor, and ceiling shall be capable affordin; privacy and maintained so as to -permit them to be kept in clean and sanitary condition: r 4. Every foundation, exterior wall, ekterior door, and roof shall be reasonably weather -tight, water -tight, rodent -proof, and insect-proo Rainwat rr Orad nae.A11 eaves, troughs,..downspouts, and other roof drain age equf pment of .the dwelling and its accessory structures shall be main- tained in a, good state of repair and so installed as to direct :rainwater away from the. atructure.. Chimneys and Smoke 1 ess, Every chimney and every supplied smokepipe seal e adequa a yt 1 supported.. reasonably clean, and maintained in d reasonablyi good state of repair. , Gradin Ordi9a a and Landsca in of Premises. Every premises shall be gra a an roc n s6 no s t a ghan wa r wi accumulate or stale on the premises, and every premises shall be continuously maintainedina sanitar; erosion -free, and dust -free .condition by suitable landscaping ,With grass., trees, shrubs, or other planted ground cover, or by paving with asphalt, concrete, -or by such other suitable means as shall be approved by the Housing Inspector., Where a premises is occupied' or shared by less than three (.3) dwelling units, the continued maintenance of the premises in the above condition shall. also bethe responsibility of the occupants. Protection of Exterior Wood Surfaces. All exterior woad"surfaces of the dwelling an s.accessbry structures, fences, porches, and similar appur- tanences shall be reasonably .protected from the elements and against decay by paint or other approved protective coating applied in a workmanlike fashion. Electrical System. The electrical. system of every dwelling shall not by reason ceding„ dilapidation, lack of insulation, or improper fusing, or for any other cause, expose the occupants to hazards of elec- trical shock or to the hazards of fire. shall occupy as owner -occupant, or let to another for occupancy any or dwelling unit. for the purpose of living, sleeping, cooking, or 1.. Every habitable roomshall be equipped wii:h a safe electrical switch ierein...which does not comply with the following requirements: l0sdied. near and -convenient to- the - room. entrance which :activates an illuminary withinthe. room." 2. Every habitable room shall contain at least two (2) separate floor or " which shall be situated IIC. wall type electric double convenience outlets l " a distance apart equivalent to at least twenty-five (25). percent of • the perimeter of the room; and.every toilet room, bathroom, laundry •� room, furnace room, and. public hall shall .containat'least one (1.) " supplied ceiling or wall type electric light fixture. Every such outlet and fixture shall be properly installed and shall be maintained J in .good and safe working) condition.. �G. Maintenance of Gas Appliances and Facilities. 1 1. Every gas appliance shall be connected to a gas line with solid metal O piping except that listed metal appliance connectorror semi-rigid tubing may be used if approved by the Housing Inspector. 11 2. Every gas pipe shall he sound and tightly put together and shall be . .{ free of leaks, corrosion, or obstruction so as to reduce gas pressure •j 1111 or volume 3. Gas pressure shall be adequate to permit a proper flow of gas from all .open gas valves atall times. - I Maintenance of Su lied Plumb in Fixtures. Every supplied plumbing fixture. I; an water an waste p pe s a proper y installed and maintained in good, sanitary working condition.. 1. All plumbing shall be so designed and installed as to prevent con- of the water supply through back flow, back siphonage, E. !Lamination " cross connection, and any other method of contamination. I 2. Water pressure shall be adequate to permit a proper flow, of water from I all open. outlets at all, times.. ' F. 7 �I. i i �J. i I( 1k. i l L. �M. ) iN. i0 Surfaces Impervious to Water. Every toilet room floor surface, bathroom floor sur ace an otc en floor surface shall be constructed and maintained so ,as to be reasonably impervious to water and so as to. permit such floor to be easily kept in a clean and sanitary condition., , G. Su lied Facilities. No owner or .operator shall cause :any service, ac y, equipment, or utility which is required to be supplied under the provisions of the Housing Codeto be removed from or shut off from or discontinued for any Occupied.. dwelling or dwelling unit, let or occupied by, ,him, except for such temporary interruption as may be necessary while actual repairs, replacements, or .alterations are being made. Covered Cisterns. All cisterns or similar water storage facilities shall. Ei_Te_n_c_eT,__saTeTY covered, or filled in such a way as not to create a ,hazard to life or limb.- 5ealed Passa es. All pipe passages, chutes, and similar openings. through wa s or .ours shallbeadequately enclosed or sealed, to prevent the , spread of fire or Passage of vermin. Pest Extermination. Every owner of a dwelling containing two (2) or more we ngunr s shall be responsible for the extermination of insects, rodents, or other pests on the :premises. Whenever infestation exists in two. (2) or more of the dwellingunits in any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units, exterminationthereof shall be the responsibility of,the owner. Prohibited Animals.: ,NO horse, cow, calf, swine, sheep, goat, chickens, geese, o �s shall be kept 'in any dwelling or part thereof. Nor shall any such: animal be kept on the same lot or premises with a dwelling except under such conditions as may be prescribed by the Housing Inspector. Owner to. let Clean Units. No owner shall permit occupancy of any vacant we ng unr or rpom ng unit unless it is clean, sanitary and fit for human occupancy: Maintains 'P blit Areas. Every owner of a dwelling containing two (2) or more we ng. un is -s all be responsible for -maintaining in a safe and sanitary condition the shared or public areas of thedwelling and premises thereof. 0. Maintenance of Fences. Every fence shall be kept in a reasonably good' sae of man enance and repair or shall be removed. R. Maintenance of Accessor Structures. Every foundation, exterior wall, roof, wnow, exterior d—oor,-basement hatchway, and every other entranceway of every accessory structure shall be so maintained is topreventthe structure from becoming a harborage of rats and shall -be keptin a rea- sonably good state of repair.. 0h4. _zs - a8q 9 ?Ass S Exterminations of Pests. Every occupant of -a dwelling containing a single we - ng un ts e responsible for the extermination of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling containing more than one (1) dwelling unit shall be responsible for such extermination within the unit occupied by him/her whenever said dwelling unit is the only one infested. Not withstanding, the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner. to maintain a dwelling in a. reasonably rodent proof or reasonably Insect proof condition, extermination shall be the responsibility of the owner. Stora a and Oil osaI of Garbage. Storage and disposal of garbage and ru s sha comp y w th the requirements of the ordinances of the Code of Iowa City concerning same and the Housing Inspector shall enforce the requirements contained therein. 1. Every occupant of a dwellingg coptaining one (1) or two (2) dwelling units shall dispose of rubbish, garbage, and any other organic waste in a clean and sanitary manner, by placing it in approved disposal facilities or storage containers required by the Ordinances of Iowa city. 2. II n dwellings containing one (1)or two (2) dwelling units it shall be the responsibility of the occupant to furnish adequate garbage and rubbish disposal facilities or -storage -containers of approved type and owtion. Ose. and.O eration of Su lied Heatin Facilities. Every Occupant of a we ng un t s a resDons a or t e exercise of reasonable care, proper use, and proper operation of supplied heating facilities. Electrical Wires.. No temporary wiring or extension cords shall be used except.extension cords which run directly from portable electric fixtures to convenience outlets and which do not lie beneath floor coverings or extend, through doorways, transoms or similar apertures in structural elementl or attached thereto. Installation of Screens, Storm Doors and Storm Windows. Every occupant of a dwelling or awaiting unit s a responn a or anging all screens and double or storm doors andwindowswhenever the same are required under the provlsionsof the Housing Code, except where the owner has agreed to perform the service. CHAPTER 9.30.9 ROOMING HOUSES No .person .shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit'ib any rooming house, except in compliance with the following requirements: A. Permit Required. No person shall operate a rooming house unless he or she is an occupant, of said rooming house and holds a valid rooming house permit issued by the Department of Housing and Inspection Services in the name of the rooming house bp'erator and for the specific dwelling or dwelling unit within which therooming house is contained. B. A lication for Permit. The'rooming house operafor shall file, in dup- cate, an app acat on for a rooming house permit with the Department of Housing and Inspection Services on application forms provided by the Housing Inspector. The operator shall file with the permit application an occupancy permit, issued by the Inspector of Buildings, for the operation of a rooming .house in the dwelling or dwelling unit designated in the rooming house permit application. C. Issuance of Permit and Occu ant Record Card Fees. When all applicable provisions ons o t e pus ng o an o any ru es .and regulations adopted pursuant thereto, and other applicable codes of the City of Iowa City, have been complied withby therooming house operator, the Department of Housing, and Inspection Services shall issue a rooming house permit and an occupancy record card upon thepayment of a fee, the amount of which shall be set by Resolution of the City CoOncil of Iowa City, Iowa. The permit shall state the maximumnumber of persons that may reside in the total' of all rooming units or portions thereof for which the rooming house permit Is issued. D. Occu anc Record Card. Every occupancy record shall list the maximum num er-o persons tat may reside in the total of all rooming units located in the dwelling or portions thereof for which the rooming house permit is issued. The occupancy record cards shall also list the maximum number of persons: which may occupy each Individual rooming unit located,in the dwellir or portions'thereof for whichthe rooming house permit is isfued. All of the rooming units listed on the occupancy record card shall by )Ocated in such portions of the dwelling as are permitted to be occupied under the of Sections 9.30.9.8. and 9'.30 91E.fofethe Housingance CodeWrth the provisions Ever'rooming house permit issued by ,the Department, of Housing and Inspec tion Services shall be conspicuously posted by the rooming horse operator in.a public corridor or hallway or other public portion of the. rowing house for which it is issued and shall remain so postedat all. times.. Every occupancy record card shall be posted in the rooming Muse by the roaming house operator in a placewhere such cards are readily accessible for examination by the. Housing Inspector. E. r0 eratorto Control Occu ant . No rooming house operaora�ha'�atn9ounitse a ow a greater num er o persons to occupy the to )r located within a. rooming house than the. maximum Ord of persons listed on the rooming house permit and the occupancy record cards. No rooming house r operator shall at any time allow a greater number of persops to occupy any individual rooming unit than the maximum number of per listed on. the r occupancy record cards for each such unit. - S. Alterations, All structural alterations of dwellings and accessory structures ss TTTe done in accordance .with all applicable Ordinances of the City of Iowa City and with all rules and regulations adopted pursuant thereto. A. CHAPTER 9.30.8 RESPONSIBILITY OF OCCUPANTS RELATING TO THE NTE RNCE OF OWLLL INE RNo xWmmu unrro Occu ant Res onsible for :Controlled Area. Every occupant of a dwelling or we. ng un s a , eep n a c eau, 's e, and sanitary condition that part. of the dwelling, dwelling unit, and premises thereof he/she occupies and controls. - - - l- The floor and, floor covering shall be kept reasonably clean and. sanitary. 2. Every wall and ceiling shall be reasonably clean and. free Of dirt o greasy film. 3. No dwelling or the .premises thereof shall be used for the storage o handling of refuse. - B. Plumbing Fixtures. The occupants of a dwelling unit shall keep all sup- plied upp ie plumbing xtures therein. in @ clean and sanitary condition and shaW be responsible for the.exercise of reasonable care in the use and operations jF.. Nontransferabi li.t of Permit. No rooming housepermit issued under the provt sons o t e ous ng ode shall be transferable and.. every rooming. house operator shall notify the Department of Housing. and Inspection Services in writing Within twenty-four (24). hours after having relinquished) proprietorship or hating sold, transferred, given. away, or otherwise disposedof such interest or control of any rooming house, and shall file in writing. with the, Department of Housing. and Inspection Services the name and address of the operator to whom proprietorship has been relinquished by sale, gift, or other method of transferal or disposition. I IG. Relationshi of Permit to Buildin Code. Theissuance of a rooming house Perm t to any rooming- Ouse s a- not o any way .signify or imply that the rooming houseconforms with the Fire Code or the Building and Zoning Code of the City of Iowa City, Iowa. The issuance of a rooming house permit. shall not relieve the owner or rooming house operator of the responsibility for compliance with said Fire, Building, and Zoning Codes. i A licabilit of 0th r Sections of the Housin Code. No. person shall operate s -rooming Ouse un ess a d e requ cements previously set. forth ) in the Housing Code are complied with. Every dwelling. unit located within a rooming house shall comply with all of the requirements for dwelling units as established in accordance with the provisions of the Housing Code. Hearin .When Roomin House Permit is Denied. An l ora emmtt too - Y Person whose application D perste a room ng _Ouse as been denied, may request and shall begranted a hearing onthe matter before the Housing Appeals Board under the procedure provided by the Administrative Procedures Ordinance of Iowa City, - i Sus erasion of permft. Whenever upon inspection of any rowing house the ous ng- nspec r- nds that conditions or practices existwhich'are in violation of any provision of the Housing Lode or of any rule or regulation adopted pursuant. thereto, 'the Housing Inspector shall give notice in writing to the rooming house operator of such rooming House that unless ' such conditions or practices are corrected within a reasonable°period, to' be determined by the Housing. Inspector, the rooming house operator's rooming house permit will be suspended. At the end of such period the. Housing Inspector shall re -inspect such rooming house, and if he finds that such conditions or practices have not been corrected, he shall suspend the permit and give notice in writing to the operator that .the permit has been suspended. - K. ,Hearin When Roomin House Permit is Sus ended• Revtion of Permit:.. Any person w ose perm. t operate a room ng -Ouse as—Nen -suspen a or who has received notice from the Housing Inspector that his permit is Lobe- suspended unless, existing. conditions or practices at his rooming house are ! corrected may request and sha 11 be granted a hearing on'the matter before the Housing Appeals Board under the. Procedure prbvided by the Iowa City Administrative Procedures Ordinance, provided that if no Petition for such hearing is filed within ten (10) days following the day on which such permit was suspended, such permit shall be deemed to have been ,automatically revoked. Upon receipt of notice of permit revocation, the roominghouse operator shall cease operation of such Twining house, and after the elapse: of a reasonable period of time, to be determined by the Housing. Inspector, no Person shall Occupy for sleeping or living purposes any dwelling unit or rooming unit therein'.- OQ. T0 -s �. 4. It shat l contain at least one (1) supplied kitchen gas or el tet i)f< range. Every supplied range shallhave at least two (2) top bine and an oven; 5. It shall contain one (1) supplied refrigerator. 6. It shall contain at least one (1) supplied tattle or other facility having a total surface area for food preparation of not less than si, (6) square feet. The surface of such table or other facility shall 1 suitable for the preparation of food, smooth, freeof cracks, and easily cleanable; 7. .It shall contain at least one (9) suitable supplied cabinet of adequat. size and suitable storage of food and eating and cooking utensils; 8. Every communal .kitchen shall be located within a room accessible to the occupant of each rooming unit sharing the use of such kitche, without . .going outside of the dwelling and without going through a dwelling unit or rooming unit of another occupant. R. ,Communal Dinin Rooms. Every rooming .house, within which the occupant of any rooming unit S Permitted to prepare meals or cook within a communal kitchencontaining. less than one hundred (1DO) squarefeet of floor area, as provided in Section Q. shall contain a communal dining roan which com- plies with all of the following requirements: 1. Every communal dining room shallbe located on the same floor of the rooming house as the communal kitchen and such dining room shall be as nearly adjacent to the communal kitchen as, is practicable; 2. Every communal dining room shall be located. within a room accessible to the occupantof each rooming unit sharing such dining room, without going outside of the dwellinq. and without going through a dwelling unit or rooming unit of another occupant; 3. Every communal dining room shall contain not less than eighty (80) square feet of floor area; 4. The surface of each dining table shall be smooth, free of cracks, and easily cleanable. S. No Cookin In Rooming Units. The operator shall prohibit the cooking and preparat on of f00 in every rooming unit. T U. L. Toilets and Lavatory Ba sins. At least one. (1) toilet, and one'(1") lavatory as n n good working condtion, shall be supplied for each eight (8) V. persons or fraction,thereof residing within a rooming house, including membersof the rooming house. operator's family wherever they share the said ' facilities; provided, that in a rooming house where rooms are let onby to males, flush urinals may be substituted. for not more than one-half (4) of the requirednumber of toilets. i M. Baths. At least one (1) bath, in. good working condition, shall be supplied) W. or—each eight (8) persons or fraction thereof residing within. a. rooming house, including members of the rooming house operator's family whenever they share the, use of said, facilities. N. Locatidn of,San sta a Etat r Facilities. Every toilet, lavatory basin,, and bath r s w. t n groom or rooms which afford privacy to person within said. room or rooms. All such facilities shall be so located within '1 X. the rooming house as to be accessible to the occupants of each rooming unit_( sharing .such facilities without going outside of thedwellingand without i y, i going through adwelling unit or through a rooming unit of another occupant ,0. Minimum Floor Area for Sleeping Purposes. Every room Occupied for sleeping Purposes - y one person—sFall contain at feast eighty (80) square feet OFFICIAL PUBLICATION OFFICIAL PUBLICATION , Z. of floor space, and every room occupied Tor sleeping Purposes by more than one (1) person shall contain at least fifty (so) square feet of floor space I for eachOccupantthereof. Every rooming unit shall contain at least. four hundred (400) cubic feet of air space for each occupant thereof. ' AA.. P. Pre aration or Eatin of Meals in Roanin Units Prohibited., No Occupant of a room ng Ouse s a prepare or ea mea s or store making utensils in a rooming house unless such meals are prepared or eaten in a dwelling unit contained therein, except that Occupants mayprepare and eat meals and . store cooking utensils in a communal kitchen and may eat meals in a com- munal dining room in accordance with the provisions of Subsections 9.30.9.0 - and 9.30.9.R. Q. Communal Kitchens. A communal kitchen shall comply with th4 following requ riementsi 1. The minimum floor area of acommunal kitchen shall be sixty (60) square feet; 2. The minimum floor area of a. communal kitchen in which roamers are Permitted to prepare and eat meals shall be one hundred (100) square feet; i 3. It shall contain at least one (1) suppl.iedskitchen sink of an approved __ --type; Shades, Dra es Etc.. Every window of every room used for sleeping shall e Supp W t s ades, draw drapes, or other devices of materials which, when properly used, will -afford privacy to the occupant of the room: Sanitar Maintenance. The rooming house operator of every rooming house S a e respons b e. for the sanitary maintenance of all walls, floors, and ceilings and for maintenance of a sanitary condition in every other part, of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which therooming house is contained, is leased or Occupied by the owner. The occupant of every rooming.. unit shall keep his personal be- longings contained within the unit in a clean, neat, and orderly condition _ so as to. facilitate the ability of the operator to discharge his respon- sibilities for sanitary maintenance within every grooming unit as set forth in this subsection. Garbo a Dis osal or Stora e. Adequate garbage and rubbish disposal facil- t es or s orage con amers whose type and location are approved shall be supplied by the rooming house operator.- The rooming house operator shall ,be responsible for the disposal of all garbage in a clean and sanitary manner through the use of approved mechanical equipment or by placing it in the required containers. Han in .Screens, Storm Doors, Storm Windows, The owner of a rooming house s a e-respons a 4r Doors, Storm ng an anging all screens and storm doors and windows whenever the same are required under the provisions of the Housing Code. .Screens shall be provided not later than the first day of June each year. Infestation. The owner of a rooming house shall be responsible for the extermination of any insects, rodents, or pests therein'. Fire Ext in uishers. Fire extinguishers .suitable for the Occupancy and w ix are approv by the Housing Inspector shallbeProvided in every rooming house. Extinguisner;s shall be properly hung and shall be main- tained in operable condition at all times. Heatin Units Fi a Protected. In every rooming house in which space is let To—more than our persons and served by a common central heating system or water heating system, theheating unit or units shall be suitably enclosed with one (.1). hour fire resistive construction including all walls, ceilings,and doors, or such heating units shall be enclosed in a room. provided with a sprinkler system approved by the Fire Marshal. Earl Warnin Fire Detection.5 sten. Every dwelling and rooming unit in rooming ouses s a provi e w th a snake detector as approved by the Fire Marshal. The detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the ,stairway. All detectors shall be located within twelve (12) inches of the ceiling. Care shall be exercised to insure that the installation will not . Interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm to the dwelling unit or rooming unit. 88. Safe Stara a Re uired.. Rooming houses, shall provide for every rooming unit a ac y or t e safe storage of drugs and householdpoisons. i CC. Hazardous Stoma e. There shall bens transom, window, or door opening into orran pdrugsare stored or kept foart ofr the purposeuON saleeoraotherwise.gasoline, DD. Wa s of E rens. Every rooming house shall have at least two (2) indepen- ent ways o egress from. each floor level as approved by the Fire Marshal. No existing fire escape shall be deemed a sufficient means of egress unless it is in compliance with Building and Fire Codes of Iowa City., 2.�. All means of egress shall be maintained in a good state of repair P• and shall be free of obstruction at all times. 3. Whenever fire escapes on a rooming house are rusty, the owner shall have them properly painted: CHAPTER 9.30.10 MULTIPLE :DWELLINGS l0 person shalloperate a multiple dwelling, or shall occupy or let to another or occupancy any dwelling unit in any multiple dwelling, except in compliance lith the following requirements: Permit Re wired. No person shall operate a multiple dwelling unless he a s a vat rental permit issued by the Department of Housing and In- spection Services in the name of the operator, and for the specific dwelling or dwelling units. 1. Relattonshi of permit to BuildingCode. The issuance of a rental permit to any mu t,p a we to shall not to any way signify or imply that the multiple dwelling conforms with the Fire Code or the Building and Zoning Codes of the City of Iowa City, Iowa. The issuance of a rental permit shall not relieve the owner or operator of the responsibility for com- pliance with said Fire, Building, and Zoning Codes. A 1ISa1ilit of Other Sections of the put, Code. No person shall operate amu tip a we Ing un ess a o t e requirements for dwelling units as previously set forth in the Housing Code are complied with. Ona. 78 -:28q 6 Tct9 s. 7 Early Warning Fire Protection Systems Every dwelling unit within a cowl ti Dle dw.?It l l ing shall de provided wi th. smoke detectors as approved by ti Fire Marshal. Detectors shall be mounted on the ceiling or wall at a poim centrally located in the corridor or area giving access: to rooms used for sleeping purposes. In an efficiency dwelling unit, the detector shall be centrally located on the ceiling of the main room. Where sleeping rooms are on an upper level. the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located within twelve (12) inches of the ceiling. Care shall be exercised, to insure that the installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit. I_ Q. Sanitar Maintenance. The owner of every multiple dwelling shall be respons a or t e maintenance and sanitary condition of all public areas therein. R. Garbage Disposal or Storae. Adequate .garbage and rubbish disposal fa - les or storage containers whose type and location are approved shall be supplied by the multiple dwelling owner. The owner shall be responsible for disposal of all garbage in a clean and sanitary manner through the use of approved mechanical equipment or by placing it inthe required containers. Im i. Hearin When Rental Permit is Denied. Any person whose application for a permit to operate a mu tiple dwelling has been denied may request and shall be granted a hearing on the matter before the Housing Appeals Board under the procedure provided by the Administrative Procedures Ordinance of Iowa City. .. :Sus ension�of Permit. Whenever upon inspection of .any multiple dwelling T e ous tth H 'ng Inspector finds that conditions or practices exist which are in violation of any provisionof the Housing Lode or of any rule or regulation adopted pursuant thereto, the Housing Inspector shall give notice in. writing to the owner of such multiple dwelling that unless such conditions or practices are corrected within a reasonable period, to be determined by the Housing Inspector, the rental permit will be suspended. At the end of such period, the Housing Inspector shall re -inspect such multiple dwelling and, if he finds that such conditions or practices -have not been corrected,, he .shall suspend the permit and give notice in writing to the operator that the latter's permit has been suspended. F. Hearing When Multiple Dwelling Permit is Suspended; Revocation of Permit. or who has received notice from the Housing Inspector that his permit is to be suspended unless existing conditions or practices at his multiple dwelling are corrected may requestand shall be granted a hearing on the matter before the Housing Appeals Board under the procedure provided by the , Administrative Procedures Ordinance of Iowa City, provided that, if no petition for such hearing'is filed within ten (10) days following the day i on which such permit was suspended, wch permit shall be deemed. to be automatically revoked. Upon receipt of notice of permit revocation, the operator .shall cease operation of such multiple dwellinq, and after the + h Ro i Han in Screens, Storm Doors, Storm. Windows. The owner of a multiple dwelling shall responst e. or provt Ing and hanging all screens and storm doors and windows whenever the same are required under the provisions of the Housibg Code. Screens shall be provided not later than the first day of June each year. ts of E res'. Every multiple dwelling shall have at least two (2) epen en ways of egress from each floor level as approved the the Fire Marshal. 1. No: existing. fire escape-shall>.be deemed a sufficient means'Of_ egress unless it is in compliance with the Building and Fire Codes of'lowa City. 2. All means of egress shall be maintained in a good state of repair and shall be free of obstruction at all times. 3. Whenever fire escapes on a multiple dwelling are rusty, the owner shall have them properly painted. \ CHAPTER 8.30.11 REMEDIES elapse of a reasonable period of time, to be determined by t e. us ng Ip Unfit. for Habitation. Any dwelling, dwelling units, or rooming unit which Inspector, no person shall occupy for sleeping or living purposes any shall oun ave any of thefollowing defects shall be condemned as dwelling unitor rooming unit therein. unfit for human habitation and shall be so designated and placarded by the Fire Extin uishers. Fire extinguishers suitable for the occupancy and w c are approve by the Housing Inspector shall be provided inevery multiple dwelling. Extinguishers shall be properly hung and shall' be maintained in operable condition at all times. Heatin Units Fire Protected. In every multiple dwelling served by a "R" ten ra ea ng Sys em or water heating system, the heating unit or units shall -be suitably enclosed with one (1) hour fire resistive con- struction including all walls, ceilings, and doors, or such heating units shall be enclosed in a room .provided. with a sprinkler system approved by the Fire Marshal. Housing Inspector: 1. One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public. 2.. One which lacks light, ventilation, or sanitation facilities adequate to protect the 'health or safety of the. Occupants or of the public. 0 erator to Maintain Orderl Premises. The operator of every multiple we ng s a at a Imes ma ntalo the premises in an orderly manner and , free of materials which are hazardous to life, health, or property. 3•One which, because of its general conditions or location, is un - Hazardous Storage. There shall be no transom, window, or door opening into sanitary or otherwise dangerous to the health or safety Of the any partof a multiple dwelling where paint, oil, gas- occupants or of the public. a pu5Ij—c_FFafrom oline,. or drugs are stored or kept for the purpose of sale or otherwise. Closets. In multiple dwellings no closet of any kind shall be constructed staircase leading from the entrance story to the upper stories, .B. Condemnation Procedures. The Housing Inspector shall leave a reasonable un er any but shall be left entirely open and kept clear and free from pen o me, ut not more than six (6) months, between the time he such. space encumbrance. placards the property and the time -he begins condemnation proceedings if • remedial action is not taken to correct the situation for which the Cellar.Entrance. In every multiple dtelling there shall be .anentrance to ii dwelling was placarded. t ce ar or other lowest story from the outside of the building. , Scuttles and Bulkheads. In all multiple dwellings where there are scuttlesi� or bulkheads, they an all stairs or ladders leading thereto shall be G. Vacate Condemned Dwellin . Any dwelling or any portion thereof condemned easily accessible and shall be kept free from obstruction and ready for use as un or uman a talion and so designated and placarded by the at all times. No scuttle and no bulkhead door shall at any time be locked Housing Inspector shall be vacated immediately or as ordered by the Housing with a key, but may he fastened on the inside by movable bolts or hooks. Inspector. , Sk li ht Access to Roof. Unless there is a bulkhead in the roof, there s a over every ns ide stairway used by more. than one (1) family, a ' skylight or scuttle not less than two feet by three feet (2'X3') in size. (1) inheight shall D. To Re -Otto Condemned Dwellin . No dwelling or portion thereof which has Every flat roof multiple dwelling exceeding one story to the. roof een con emn an p acar as unfit for human habitation shall again be have at least one (1) convenient and permanent means of access or used for human habitation. until writtenapproval is secured from, and such located in a public part of the building and not in a room closet. placard is removed by, the Housing Inspector, The Housing Inspector shall Rewired. Multiple dwellings shall provide a facility not remove such placard whenever the defect or defects upon which the condem- i. Safe Storage of drugs and household nation and placard ing action were based have been eliminated.` east y accessi a to children for the safe storage poisons in every dwelling unit placarif from any dwelling. dwelling unit. or rooming unit which has been condemned as unfit for human habitation and placarded as such, except as provided in subsection 9.30111.D. CHAPTER 9.30.12 RETALIATORY CONDUCT PROHIBITED •A. Retaliator Conduct Defined. Retaliatory conduct is an increase in rent or Mir it ees, a ecrease. n services, a termination or threat of termination B. a ' C. I D. E. ) i- of a rental agreement, thebringing Of the threat of bringing an action for i possessiowhich.is the result of the tenant doing any one of the followiognj Ortel. 7s-�sg6 'P0.gE S 3. A dwelling or dwelling unit is eligible for Certification of Rent -Escrow if Notice of Eligibility for Rent Escrow is not appealed as provided for in this ordinance or upon a decision by the Housing Appeals Board upholding in whole or in part the Notice of Eligibility. 4! 1.. The tenant has complained to agovernmental agency charged with u . responsibility for enforcement of a safety or health code of a ,;6 violation applicable to the premises materially affecting .health and safety; or 2. The tenant has complained to theowner or operator of such a vio- lation; or 3. The tenant has organized or .become a member of a tenant's union or l similar organization; or 4. The tenant ha4_pgrsued legal remedies. Presu tion. of Retail iator Conduct. In any actio by or against the e ev ence o a .comp a n on other protected activity within six.(6) months before the action creates a presumption that the conduct on the part of theowner or operator wasretaliatory in nature. This presumption does not ari se if the tenant engaged in such protected activity after notice of - a proposed rental'or fee increase, diminution of services or temi nation of rental agreement. "Presumption" means that the trier of fact must find the existence,of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence. 1 Owner's Rights. Notwithstanding other provisions of this ordinance, an i owner or operator may increase rent or other fees, decrease services. terminate arental agreement, bring an action for possession or act other- I wise. upon a showing of, but not limited to, the following; I 1. The condition or conditions found in violation of thehealth and safety codes were directly caused by the tenant or the members of -the' tenant's family beyond ordinary wear and tear. 2. The tenant has refused entry at reasonable times to the owner or operator or agent of either to the premises for the purpose of cor- 1 recting such condition or conditions. I i 3. Compliance with applicablesafety or health codes require a reduction; j in services or an alteration, remodeling, or demolition, which would effectively deprive the tenant of use ofthe leased premises. 4. The tenant is in default in rent. 4 Tenant Defense. If the owner or operator acts or engages in retaliatory con u— cd—t as defined, the tenant has a defense in any action against him for ', eviction. In'addition, the tenant may recover possession or terminate the rental agreement. If the rental agreement is terminated, the owner or operator shall return any and all amounts already paid by the tenant to which ,the. owner or operator is .not legally entitled. i Normal Lease Tern. The provisions of this Chapter shall not. apply in such a way as negotiation of a lease renewal at the end of the normal I term of an original lease. CHAPTER 9.30.13 RENT ESCROW a , A. Noncompliance. 1. Deposit in Escrow. Notwithstanding any other provision of law or any • agrewen , w et er oral or written, if a lessor of residential premises.' fails -to comply withan order of the Housing Inspector to. correct a violation of the Housing Code, the Housing Inspector shall., upon the expiration of the original notice of such violation, serve Notice. in writing that the dwelling or dwelling unit is eligible for rent escrow., Said notice shall be .sent to the owner by certified mail, return receipt requested with copies forwarded to each tenant affected by such; notice. Certification for Rent Escrow shall be given. by a housing inspector upon a showing to the ipspector of eligibility for rent escrow and the production of a signed rent escrow agreement with a bank, trust company or other lending institution approved by the City bearing a certificate of the Johnson County Recorder that the same has been recorded. Application for Certification must be made within. 30 days of Notice of Eligibility or final determination by the Housing Appeals Board.. Upon such Certification the duty of any tenant to pay, and the right of the lessor to collect rent, shall be suspended without affecting MY other terms and .conditions of the landlord -tenant relationship until, the dwelling or dwelling unit is certified as in compliance or until the tenancy is terminated for any reason other than the nonpayment of rent. During. any period when the duty to pay rent issuspended; and the tenant continues to occupy, the rent withheld shall be deposited by the .tenant into an escrow account in a bank, trust company or any other lending institution approved by the City of Iowa City. Said rent shall be paid to the lessor when the premises is certified as in.. compliance with the. Housing Code, at any time within six (6) months from the date on whichit was certifiedfor -Rent Escrow. Any funds deposited in escrow my be used by the lessor for the purpose of making such dwelling or dwelling unit comply with the Housing Code pursuant to adopted escrow procedures. No tenant shall be evicted for any reason relating to non-payment of rent while the rentis deposited in escrow. .,However, a tenant may he evicted for holding over after the end of the lease tens in any written lease. After six (6) months from the date of Certification, the lessor may evict the tenant for purposes of vacating or demolition of said premises if the lessor deems it to be economically unfeasible to repair or renovate the premises.. In that event. no certificate of occupancy shall be issued and no person shall occupy said penises for 4 period of one (1) year following the tenant's eviction. If, at theend of six (6) month's after the Certification of the dwelling or dwelling, unit, :such dwelling or dwelling unit has not been certified in compliance, any monies unencumbered or remaining in escrow shall be payable to the depositor. B. Administration. The city Manager shall develop and establish written Drocedures for the deposit and disbursement of all monies derived as a result of the rent escrow program. Such procedures shall be adopted by resolution by the City Council. C. Hearin Before Housing Appeals Board. Upon appeal of any og ty for Rent Escrow the lessormay assert and present evidence as to why a particular premises does not qualify for the rent escrow program. Among the matters presented. the owner may assert and show, but is not limited to, the following: 1. The deficiencies found by the Housing inspector have been directly caused -by the tenant or members of the tenant's family beyondordinary wear and tear. 2. The tenant has refused entry to the owner or his/her agent for the purpose of correcting such condition or conditions. 3 The ge or had no reason nto believe er or hthat er 9said ent hdeficienciesad no dhad existed in the dwelling or dwelling unit. SECTION Ill. REPEALER The following Ordinances and any other Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed: Ordinance No. 2319 2496 2438 2521 2551 2335 2415 2525 SECTION IV. SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudicati on shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not 4djudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 9th day of May , 1978. XU5tHT A. VtVLKA,ltAtiOR ATTEST: S. CITY ZLLRK May 19, 197 a KA , -r? - 2s9 I pa,E 9 Printers fee $ /.I V CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper &7x1 times, on the following dates C Cashier Subscribed and sworn to before me this dayof �uON{� A.D. 19 '71? Notary Public No. �Oli/i7 ORDINANCE NO. 78-2891 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA BY REPEALING ORDINANCE NO. 2319 AND ALL SUBSEQUENT AMENDMENTS; AND ESTABLISHING MINIMUM STANDARDS OF LIGHT, VENTILATION, SAFETY, OCCUPANCY, REPAIR AND MAINTENANCE OF DWELLINGS WITHIN IOWA CITY; PRESCRIBING METHODS FOR LICENSING ROOMING HOUSES AND MULTIPLE DWELLINGS AND PRESCRIBING PENALTIES AND REMEDIES FOR VIOLATIONS OF ITS PROVISIONS. SECTION I. PURPOSE The purpose of this Ordinance is to establish minimum standards for the maintenance, use and occupancy of all residential dwellings and structures, thus providing for the health, safety and general welfare of the citizens of the City of Iowa City, Iowa. SECTION II. ESTABLISHMENT Chapter 9.30 of the Municipal Code shall now read as follows: CHAPTER 9.30 TABLE OF CONTENTS CHAPTER 9.30.1 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 CHAPTER 9.30.2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Lim51ji=61[c113K Inspection and Enforcement . . . . . . . . . . . . . . . . . . . . . . . . 5 CHAPTER 9.30.4 Minimum Standards for Basic Equipment and Facilities . . . . . . . . . . . 7 CHAPTER 9.30.5 Minimum Standards for Lighting, Ventilation, and Heating . . . . . . . . . 9 CHAPTER 9.30.6 Minimum Space, Use, and Location Requirements . . . . . . . . . . . . . . . 12 CHAPTER 9.30.7 Responsibilities of Owners Relating to the Maintenance of Dwellings and Dwelling Units . . . . . . . . . . . . . . . . 13 CHAPTER 9.30.8 Responsibility of Occupants Relating to the Maintenance of Dwellings and Rooming Units . . . . . . . . . . . . . . . . 16 CHAPTER 9.30.9 Rooming Houses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 CHAPTER 9.30.10 Multiple Dwellings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 CHAPTER 9.30.11 Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 CHAPTER 9.30.12 Retaliatory Conduct Prohibited . . . . . . . . . . . . . . . . . . . . . . 25 CHAPTER 9.30.13 Rent Escrow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 ,f0 CHAPTER 9.30.1 GENERAL PROVISIONS 9.30.1 General Provisions. The following general provisions shall apply in the interpretation and enforcement of this ordinance. Legislative Finding. It is hereby found that there exist and may in the future exist, within the City of Iowa City, premises, dwellings, dwelling units, rooming units, or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use, or occupancy affect or are likely to affect adversely the public health (including the physical, mental, and social well-being of persons and families), safety, and general welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain such levels of residential environmental quality as will protect and promote public health, safety, and general welfare, it is further found that the establishment and enforcement of minimum housing standards are required. Purposes. It is hereby declared that the purpose of this ordinance is to protect, preserve, and promote the physical and mental health and social well-being of the people, to prevent and control the incidence of com- municable diseases, to reduce environmental hazards to health, to regulate privately and publicly owned dwellings for the purpose of maintaining adequate sanitation and public health, and to protect the safety of the people and to promote the general welfare by legislation which shall be applicable to all dwellings now in existence or hereafter constructed. It is hereby further declared that the purpose of this ordinance is to insure that the quality of housing is adequate for protection of public health, safety and general welfare, including: establishment of minimum standards for basic equipment and facilities for light, ventilation, and thermal conditions, for safety from fire and accidents, for the use and location and amount of space for human occupancy, and for an adequate level of maintenance; determination of the responsibilities of owners, operators and occupants of dwellings; and provision for the administration and enforce- ment thereof. C. Scope. The provisions of this ordinance shall apply uniformly to the con- struction, maintenance, use and occupancy of all residential buildings and structures, where applicable, and shall apply uniformly to the alteration, repair, equipment, use, occupancy and maintenance of all existing resi- dential buildings and structures within the jurisdiction of the City of Iowa City irrespective of the date of construction. D. Title. This ordinance shall be known and may be cited as the Housing Main- tenance and Occupancy Code of the City of Iowa City, hereinafter referred to as "the Housing Code". CHAPTER 9.30.2 DEFINITIONS The following definitions shall only apply in the interpretation and enforcement of the Housing Code: Accessory Structure shall mean a detached structure which is not used, or not intended to be used, for living or sleeping by human occupants. _R Adjoinin Grade shall mean the average elevation of the ground which extends three 3 feet from the perimeter of the dwelling. Approved shall mean approved by or in accordance with regulations established by the Housing Inspector. Attic shall mean any story situated wholly or partly within the roof and so designed, arranged, or built to be used for business, storage, or habitation. Basement shall mean a portion of a building located partly underground, but having three and one-half (3z) feet or more of its floor-to-ceiling height above the average grade of the adjoining ground. Bath shall mean a bathtub or shower stall properly connected with both hot and cold water lines. Cellar shall mean a portion of a building located partly or wholly underground and having less than three and one-half (32) feet of its floor-to-ceiling height above the average grade of the adjoining ground. Central Heatin S stem shall mean a single system supplying heat to one (1) or more dwelling units or more than one (1) rooming unit. Communal shall mean used or shared by, or intended to be used or shared by, the occupants of two (2) or more rooming units, or two (2) or more dwelling units. Court shall mean an open unoccupied space, other than a yard, on the same lot with a dwelling. A court not extending to the street or front or rear yard is an inner court. A court extending to the street or front yard or rear yard is an outer court. Dining Room shall mean a habitable room used or intended to be used for the purpose of eating, but not for cooking or the preparation of meals. Duplex shall mean any habitable structure containing two (2) single dwelling units. Dwelling shall mean any building or structure, except temporary housing, which is wholly or partly used or intended to be used for living or sleeping by human occupants and includes any appurtenances attached thereto. Dwelling Unit shall mean any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating of meals. Egress shall mean an arrangement of exit routes to assure a safe means of exit from buildings. Extermination shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inac- cessible materials that may serve as their food; by poisoning, spraying, fum- igating, trapping; or by any other recognized and legal pest elimination methods approved by the Housing Inspector. Family shall mean one (1) person or two (2) or more persons related by blood, marriage, adoption or placement by a governmental or social service agency, occupying a living unit as an individual, housekeeping organization. A family may also be two (2), but not more than two persons not related by blood, marriage or adoption. 2 3� Garbage shall mean animal and vegetable waste resulting from the handling, preparation, cooking, or consumption of food; and shall also mean combustible waste material. The term shall also include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, and other combustible materials. Habitable Room shall mean a room or enclosed floor space used, or intended to be used for living, sleeping, cooking, or eating purposes; excluding bathrooms, toilet rooms, laundries, pantries, foyers, or communicating corridors, closets, storage spaces, and stairways. Housing Inspector shall mean the official or officials of the City of Iowa City appointed to administer the provisions of the Housing Code. Infestation shall mean the presence, within or around a dwelling, of any in- sects, rodents, or other pests. Kitchen shall mean a habitable room used or intended to be used for cooking or the preparation of meals. Kitchenette shall mean a food preparation area not less than forty (40) square feet in area. Kitchen Sink shall mean a sink of a size and design adequate for the purpose of washing eating and drinking utensils, located in a kitchen, properly connected with a cold water line and a hot water line. Lavatory Basin shall mean a handwashing basin which is properly connected with both hot and cold water lines and which is separate and distinct from a kitchen sink. Living Room shall mean a habitable room within a dwelling unit which is used, or intended to be used, primarily for general living purposes. Multiple Dwelling shall mean any dwelling containing three (3) or more dwelling units. Occupant shall mean any person, including owner or operator, living, sleeping, cooking in, or having actual possession of a dwelling, dwelling unit, or a rooming unit. Operator shall mean any person who rents to another or who has custody or control of a building, or part thereof, in which dwelling units or rooming units are let, or who has custody or control of the premises (for rooming houses, see Rooming House Operator). Owner shall mean any person who has legal title or equitable title, or has custody or control of any dwelling, dwelling unit, or rooming unit as executor/ executrix, administrator/administratrix, trustee, or guardian of the estate of the owner. Permit shall mean a certificate certifying that the unit for which it is issued was in compliance with the applicable provisions of this Chapter when last inspected. Said Certificate shall expire one (1) year from the date of is- suance, unless sooner suspended or revoked as hereinafter provided, and shall be renewed annually. Person shall mean any individual, firm, corporation, association, or partner- ship. 3 J-3 Plumbing shall mean and include all of the following supplied facilities and equipment: gas pipes, gas -burning equipment, water pipes, garbage disposal units, waste pipes, toilets, sinks, lavatories, bathtubs, shower baths, in- stalled dishwashers and clothes washing machines, water heating devices, catch basins, drains, vents, and any other similar supplied fixtures together with all connections to water, sewer or gas lines. Premises shall mean a platted or unplatted lot or part thereof, either occupied or unoccupied by any dwelling or accessory structure. Privacy shall mean the existence of conditions which will permit a person or persons to carry out an activity commenced without interruption or interference by unwanted persons. Refuse shall mean waste materials (except human waste) including garbage, rubbish, ashes and dead animals. Refuse Container shall mean a watertight container that is constructed of metal, or other durable material impervious to rodents, that is capable of being serviced without creating unsanitary conditions. Roomer shall mean an occupant of a rooming house who is not a member of the family of the rooming house operator of that rooming house, and shall also mean an occupant of a dwelling unit who is not a member of the family occupying the dwelling unit. Roomin House shall mean any dwelling, or that part of any dwelling, containing one 1 or more rooming units, in which space is let by the owner or operator to three (3) or more roomers. 1. Rooming House -Type I shall mean a rooming house in which space is let to more than two 2 but fewer than nine (9) roomers. 2. Roomin Hous -Type II shall mean a rooming house in which space is let to nine 91 or more roomers. Rooming House Operator shall mean any person who rents to another or who has custody or control of a building, or part thereof, in which he resides and in which rooming units are let. Rooming Unit shall mean any room or group of rooms forming a single habitable unit in a rooming house used or intended to be used for living and sleeping, but not for cooking or eating of meals. Rubbish shall mean inorganic waste material consisting of combustible and/or non-combustible materials. Supplied shall mean paid for, furnished, provided by, or under the control of the owner or operator. Temporary Housing shall mean any tent, trailer, motor home or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty (30) consecutive days. Toilet shall mean a water closet, with a bowl and trap made in one (1) piece, which is of such shape and form and which holds a sufficient quantity of water so that no fecal matter will collect on the surface of the bowl and which is 4 `SX equipped with flushing rims which permit the bowl to be properly flushed and scoured when water is discharged through the flushing rim. Meaning of Certain Words. Whenever the words "dwelling", "dwelling unit", "rooming house" "rooming unit", or "premises" are used in this Chapter, they shall be construed as though they were followed by the words "or any part thereof'. CHAPTER 9.30.3 INSPECTION AND ENFORCEMENT Enforcement Notice: A. Authority. The Housing Inspector is hereby authorized to administer and enforce the provisions of the Housing Code, and to make inspections to determine the condition of all dwellings, dwelling units, rooming units, structures, and premises located within the City of Iowa City, in order that he/she may perform his/her duty of safeguarding the safety and welfare of the occupants of dwellings and of the general public. B. Access by Owner or Operator. Every occupant of a dwelling, dwelling unit, or rooming unit shall give the owner or operator thereof, or his agent or employee, access to any part of such dwelling, dwelling unit, rooming unit, or its premises at all reasonable times for the purpose of effecting such maintenance, making such repairs or making such alterations as are neces- sary to effect compliance with the provisions of the Housing Code or with any lawful rule or regulation adopted or any lawful notice or order issued pursuant to the provisions of the Housing Code. C. Right of Entry. Wherever necessary to make an inspection to enforce any of the provisions of the Housing Code, or whenever the Housing Inspector or his/her authorized representative has reasonable cause to believe that there exists in any dwelling, dwelling units, rooming units, structures, or premises any condition which makes such unit or premises in violation of any provision of the Housing Code, or in response to a complaint that an alleged violation of the provision of the Housing Code or of applicable rules or regulations pursuant thereto may exist, the Housing Inspector or his/her authorized representative may enter such unit or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Housing Inspector by the Housing Code; provided that if such unit or premises be occupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. The Housing Inspector or authorized repre- sentative shall at such time: 1. Identify himself/herself and his/her position. 2. Explain why entry is sought. 3. Explain that the owner or other person having charge or control of the premises may refuse, without penalty, entry without an Order to Allow Inspection. 4. Explain that if entry is refused, the Housing Inspector may apply to a Magistrate for an Order to Allow Inspection. D. Order to Allow Inspection. The Housing Inspector is hereby authorized to conduct consensual inspections of any dwelling within Iowa City, Iowa, on a reasonable and regular inspectional basis or upon request or complaint, in order to perform the duty of safeguarding the health and safety of the 5 15f� occupants or the public. If consent to inspect the building is withheld by any person or persons having the lawful right to exclude, the Housing Inspector shall apply to a Magistrate of the Iowa District Court in and for Johnson County for an order to allow inspection of the building. Penalty. No owner or occupant or any other person having charge, care or control of any dwelling, dwelling unit, rooming unit, structure, or premises shall fail or neglect, after presentation of an Order to Allow Inspection or a Search Warrant, to properly permit entry therein by the Housing Inspector or his/her authorized representative for the purpose of inspection and examination pursuant to the Housing Code. Any person vio- lating this subdivision shall be fined not more than $100 or imprisoned in County Jail for not more than thirty (30) days. Evidence. Evidence obtained by use of an Order to Allow Inspection may be used to effectuate the purposes and provisions of the Housing Code in any ensuing action brought by the City for a violation of the Housing Code. Service of Notice. Whenever the Housing Inspector determines that there has been a violation, or that there are reasonable grounds to believe that there has been a violation of any provision of the Housing Code or of any rule or regulation adopted pursuant thereto, he shall give notice of such violation or alleged violation to the person or persons responsible there- for. Such notice shall: 1. Be put in writing; 2. Include a description of the real estate sufficient for identifi- cation; 3. Include a statement of the reason or reasons why it is being issued; 4. Allow a reasonable time for the performance of any act it re- quires; 5. Be served upon the owner, or the operator, or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner, or upon such operator, or upon such occupant, if a copy thereof is delivered to him per- sonally or, if not found, by leaving a copy thereof at his usual place of abode, in the presence of someone of the family of suitable age and discretion who shall be informed of the contents thereof, by registered mail or by certified mail, with return receipt requested, to his last known address, or if the reg- istered or certified letter with the copy is returned with a receipt showing it has not been delivered to him, by posting a copy thereof in a conspicuous place in or about the dwelling affected by the notice. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of the Housing Code and with rules and regulations adopted pursuant thereto. 6. Be effective notice to anyone having interest in the property whether recorded or not at the time of giving such notice; and shall be effective against any subsequent owner of the premises as long as the violation exists and there remains an official copy of the notice in a public file maintained by the Department of Housing and Inspection Services. Housing Appeals Board. In order to provide for final interpretation of the provisions of the Housing Code and to hear appeals provided for hereunder, J6 there is hereby established a Housing Appeals Board consisting of five (5) members and two (2) alternates who are members of the Housing Commission, none of whom are employees of the City. The City Manager shall designate a Secretary to the Board. The Board shall be appointed by the Council and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Housing Inspec- tor. Appeals to the Board shall be processed in accordance with the pro- visions contained in the Iowa City Administrative Procedures Ordinance. Copies of all rules and regulations adopted by the Board shall be delivered to the Housing Inspector who shall make them freely accessible to the public. I. Appeals. Any person affected by any written order of a Housing Code viola- tion, order suspending a housing permit, notice of intent to placard, or notice of elibigility for a rent escrow program may appeal to the Housing Appeals Board in accordance with the procedures of the Iowa City Administra- tive Procedures Ordinance. If the Board sustains or modifies such notice, it shall be deemed to be an order and the owner, operator, or occupant, as the case may require, shall comply with all provisions of such order within a reasonable period of time. J. Other Remedies. No provision or section of this ordinance shall in any way limit any other remedies available under the provisions of the Housing Occupancy and Maintenance Code or any other applicable law. K. Emergency Orders. Whenever the Housing Inspector, in the enforcement of the Housing Code, finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet such emergency. If necessary, the Housing Inspector may order that the premises be vacated forthwith and that they shall not be reoccupied until the order to make repairs has been complied with. Notwithstanding other provisions of the Housing Code, such order shall be effective immediately, or in the time and manner prescribed by the order itself. 1. Hearing. Any person to whom such order is directed shall comply therewith, but upon petition to the Board shall be afforded a hearing as prescribed in the Housing Code. After such hearing, depending upon the findings of the Board as to whether the provisions of the Housing Code and the rules and regulations adopted pursuant thereto have been complied with, such Board shall continue such order or modify it or revoke it. Nothwith- standing other provisions of the Housing Code, every notice served by the Housing Inspector shall be regarded as an order. CHAPTER 9.30.4 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES No person shall occupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the following requirements: 7 A. Supplied Facility. Every supplied facility, piece of equipment or utility required shall be constructed or installed so that it will function safely and shall be maintained in satisfactory working condition. B. Kitchens. Every dwelling unit shall have a kitchen room or kitchenette equipped with the following: 1. It shall include an approved kitchen sink. 2. It shall contain a refrigerator (in proper working order) with an adequate food storage capacity. 3. It shall contain a stove or range in proper working order. C. Toilet Required. Every dwelling unit shall contain a toilet. D. Bath Required. Every dwelling unit shall contain a bath. E. Lavatory Basin Required. Every dwelling unit shall contain a lavatory basin within the room containing the toilet. F. Privacy In a Room Containing Toilet and Bath. Every toilet and every bath shall be contained within a room or within separate rooms which afford privacy for a person within said rooms. G. Water Heating Facilities Required. Every kitchen sink, bath, and lavatory basin required in accordance with the provision of the Housing Code, shall be properly connected with supplied water heating facilities. Every sup- plied water heating facility shall be properly connected and shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every kitchen sink and lavatory basin re- quired under the provisions of the Housing Code at a temperature of not less than one hundred twenty (120) degrees Fahrenheit (48 degrees C). Such supplied water heating facilities shall be capable of meeting the require- ments of this subsection where the required dwelling or dwelling unit heating facilities are not in operation. H. Connection of Sanitary Facilities to Water and Sewer System. Every kitchen sink, toilet, lavatory basin and bath shall be in good working condition and properly connected to an approved water and sewer system. I. Exits. 1. Two means of egress required: (a) Every dwelling unit and rooming unit shall have access to two (2) independent, unobstructed means of egress remote from each other. At least one (1) shall be a doorway which discharges directly or via corridors or stairways or both to the exterior of the building at ground level. 2. Every exit from every dwelling shall comply with the following require- ments: (a) It shall be kept in a reasonably good state of repair. (b) All existing stairways of four (4) or more risers shall have at least one (1) handrail and those stairways which are five (5) feet or more in width, or which are open on both sides, shall have a handrail on each side. Stairways which are less than five (5) feet in width shall have a handrail on the left hand side as one mounts the stairs and on the open side, if any. R 57 (c) All handrails shall be substantial and shall be located between thirty (30) and thirty-four (34) inches above the nose of the stair treads. (d) All platforms accessible to occupants and situated more than two (2) feet above adjacent areas shall be protected by substantial guardrails at least thirty-six (36) inches high. (e) All stairs and steps shall have a riser height of not more than eight (8) inches and a tread width of not less than nine (9) inches. (f) All exterior doors and windows below the second floor of a dwelling shall be equipped with a safe functioning locking device. (g) During the portion of each year when the Housing Inspector deems it necessary for protection against the elements and cold, every door, opening directly from a dwelling unit or rooming unit to outdoor space, shall have supplied storm doors with a self- closing device; and every window or other device with openings to the outdoor space shall likewise be supplied with storm windows, except where such other device for protection against the elements and cold is provided such as insulating glass, and insulated metal exterior doors. (h) No existing fire escape shall be deemed a sufficient means of egress unless it is in compliance with the Building and Fires Codes of Iowa City. 3. In basement units where one means of egress is a window, such window shall open directly to the street or yard, shall be at least twelve (12) square feet in area clear of sash frame, and shall open readily. J. Basement or Cellar Under Entrance Floor - Every dwelling shall have a basement, cellar or excavated floor space under the entire entrance floor, at least three (3) feet in depth or shall be elevated above the ground so that there will be a clear air space of at least eighteen (18) inches between the top of the ground and the floor joist so as to ensure vent- ilation and protection from dampness; provided, however, that cement floor may be laid on the ground level if desired. CHAPTER 9.30.5 MINIMUM STANDARDS FOR LIGHTING, VENTILATION, AND HEATING No person shall occupy as owner -occupant, or let to another for occupancy, any dwelling unit, or portion thereof, for the purpose of living therein, which does not comply with the following requirements: A. Minimum Rear Yard Requirements. Every single and two (2) family dwelling shall have a rear yard which is a minimum of ten (10) feet deep for struc- tures one (1) story in height, plus two (2) feet for each additional story. An irregularly shaped lot may be occupied by a dwelling without complying with the provisions of this section if the total yard space equals that required by this section. B. Minimum Side Yard Requirements. If a dwelling is erected up to the side lot line, light and ventilation as required by the Housing Code shall be provided by means other than windows opening to the side yard. In case of all dwellings having side yards, the width shall be not less than four (4) feet for the first story plus one (1) foot for each additional story. C. More Than One Structure on a Lot. Where more than one (1) structure is erected upon the same lot, the distance between them shall not be less than eight (8) feet. This distance shall be increased two (2) feet for each additional story above the second. D. Courts. 1. The minimum width of an outer court of a one (1) story dwelling shall be five (5) feet, for a two (2) story dwelling six (6) feet, for a three (3) story dwelling seven (7) feet, and shall increase one (1) foot for each additional story. 2. An inner court shall be twice the minimum width required for an outer court. 3. The width of all courts adjoining the lot line shall be measured to the lot line. 4. In mixed-use dwellings where there are no dwelling units on the lower story, courts may start on the top of such lower story. 5. Every inner court extending through more than one (1) story shall be provided with a horizontal air intake at the bottom. 6. Irregularly shaped court yards must meet the minimum area require- ments. Any structure hereafter placed on the same lot with the dwelling shall be so placed as to maintain the minimum yard require- ments. 7. In every dwelling where there is a court or shaft of any kind, there shall be at the bottom of every such shaft and court a door giving sufficient access to such shaft or court to enable it to be properly cleaned out; provided that where there is already a window giving proper access it shall be deemed sufficient. E. Natural Li ht. Every habitable room except kitchens shall have at least one 1 window facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be at least ten (10) percent of the floor area of such room. Whenever the only window in a room is a skylight type window in the top of such room the total window area of such skylight shall equal at least fifteen (15) percent of the total floor area of such room. F. Lighting of Public Halls, Stairways, Basements, and Cellars. 1. Public passageways and stairways in buildings accommodating two (2) to four (4) families shall be provided with convenient wall -mounted light switches controlling an adequate lighting system which may be turned on when needed. An emergency circuit is not required for this lighting. 2. Public passageways and stairways in buildings accommodating more than four (4) units shall be lighted at all times with an adequate arti- ficial lighting system; except, that such artificial lighting may be omitted from sunrise to sunset where an adequate natural lighting system is provided. Whenever the occupancy of the building exceeds one hundred (100) persons, the artificial lighting system as regulated herein shall be on an emergency circuit. 10 ZG G. All basements and cellars shall be provided with an adequate lighting system which may be turned on when needed. 4. Intensity of Light. An adequate lighting system, as required herein, shall mean an intensity of two (2) foot candles at a plane thirty (30) inches above the floor line. The required intensity shall apply to both natural and artificial lighting. Ventilation. Natural Ventilation. (a) The total of openable window area in every habitable room shall be equal to at least forty-five (45) percent of the minimum window area size as required above. (b) During that portion of the year when the Housing Inspector deems it necessary for protection against mosquitoes, flies, and other insects, every door used for ventilation, opening directly from dwelling unit or rooming unit to outdoor space, shall have supplied screens of not less than sixteen (16) mesh per inch and a self-closing device; and every window or other device with openings to the outdoor space, used for ventilation, shall like- wise be supplied with such screens. (c) In a bathroom or toilet room, the minimum window size shall be not less than four (4) square feet between stop beads. (d) Whenever a window faces an exterior wall or structure which extends higher than the ceiling of the room and is located less than three (3) feet from the window, such window shall not be included as contributing to the required minimum window area for the purpose of ventilation. 2. Mechanical Ventilation. (a) In lieu of openable windows, adequate ventilation may be a system of mechanical ventilation which provides not less than fifteen (15) air changes per hour in all habitable rooms and/or bathrooms or toilet compartments. (b) No mechanical exhaust system, exhausting vapors, gases or odors shall be discharged into an attic, crawl space or cellar but shall be directed to the outside air; except that this shall not prevent the mechanical exhausting of normal room air to attics when used solely for cooling purposes. Basements and Cellars. (a) Cellars and nonhabitable areas of basements shall be provided window area of not less than one (1) percent of the floor area. (b) Every cellar window used or intended to be used for ventilation, and every other opening to a cellar or crawl space which might provide an entry for rodents, shall be supplied with a heavy wire screen of not larger than one-fourth (4) inch mesh or such device as will effectively prevent their entrance. Crawl Spaces and Attic Spaces shall be provided with ventilating area not less than 1/300ths of the floor area. 11 6l H. Heating. 1. Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bath- rooms, and toilet rooms located therein to a temperature of at least sixty-eight (68) degrees Fahrenheit (20 degrees C) and shall maintain in all said locations a minimum temperature of sixty-five (65) degrees Fahrenheit, (18 degrees C) at a distance of three (3) feet above the floor level at all times. Such heating facilities shall be so operated and equipped that heat as herein specified is available to all dwelling units and rooming units. 2. Every central heating unit, space heater, water heater, and cooking appliance shall be located and installed in such a manner, so as to afford reasonable protection against involvement of egress facilities or egress routes in the event of uncontrolled fire in the structure. 3. Every fuel burning heating unit or water heater shall be effectively vented in a safe manner to a chimney or duct leading to the exterior of the building. The chimney, duct, and vents shall be of such design as to assure proper draft, shall be adequately supported, and shall be kept reasonably clean and in good condition. 4. No fuel burning furnace shall be located within any sleeping room or bathroom unless provided with adequate ducting for air supply from the exterior, and the combustion chamber for such heating unit shall be sealed from the room in an airtight manner. Water heaters are pro- hibited in bathrooms or sleeping rooms. 5. Every steam or hot water boiler and every water heater shall be protected against overheating by appropriate temperature and pressure limit controls. 6. Every gaseous or liquid fuel burning heating unit and water heater shall be equipped with electronic ignition or with a pilot light and an automatic control to interrupt the flow of fuel to the unit in the .event of failure of the ignition device. All such heating units with plenum shall have a limit control to prevent overheating. CHAPTER 9.30.6 MINIMUM SPACE, USE, AND LOCATION REQUIREMENTS No person shall occupy as owner -occupant, or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements: A. Habitable Room Size. All habitable rooms used for living, sleeping, and eating shall contain at least eighty (80) square feet of floor area and no such room shall be less than seven (7) feet wide. The minimum size for habitable rooms used for food preparation shall be forty (40) square feet in area and a kitchenette may be less than seven (7) feet wide. In all dwellings and in each apartment or group or suite of rooms, there shall be at least one( 1) room containing not less than one hundred twenty (120) square feet of floor area. 12 G� a 2. Every doorway providing ingress or egress from any dwelling unit, rooming unit, or habitable room shall be at least six (6) feet four (4) inches high and twenty-four (24) inches wide. All entrance doorways to dwelling units and rooming units shall be equipped with doors which effectively close the doorway. 3. Every interior partition, wall, floor, and ceiling shall be capable of affording privacy and maintained so as to permit them to be kept in a clean and sanitary condition. 4. Every foundation, exterior wall, exterior door, and roof shall be reasonably weather -tight, water -tight, rodent -proof, and insect -proof. B. Rainwater Drainage. All eaves, troughs, downspouts, and other roof drain- age equipment of the dwelling and its accessory structures shall be main- tained in a good state of repair and so installed as to direct rainwater away from the structure. C. Chimneys and Smokepipes. Every chimney and every supplied smokepipe shall be adequately supported, reasonably clean, and maintained in a reasonably good state of repair. D. Grading, Drainage, and Landscaping of Premises. Every premises shall be graded and drained so no stagnant water will accumulate or stand on the premises, and every premises shall be continuously maintained in a sanitary, erosion -free, and dust -free condition by suitable landscaping with grass, trees, shrubs, or other planted ground cover, or by paving with asphalt, concrete, or by such other suitable means as shall be approved by the Housing Inspector. Where a premises is occupied or shared by less than three (3) dwelling units, the continued maintenance of the premises in the above condition shall also be the responsibility of the occupants. E. Protection of Exterior Wood Surfaces. All exterior wood surfaces of the dwelling and its accessory structures, fences, porches, and similar appur- tanences shall be reasonably protected from the elements and against decay by paint or other approved protective coating applied in a workmanlike fashion. F. Electrical System. The electrical system of every dwelling shall not by reason of overloading, dilapidation, lack of insulation, or improper fusing, or for any other cause, expose the occupants to hazards of elec- trical shock or to the hazards of fire. 1. Every habitable room shall be equipped with a safe electrical switch located near and convenient to the room entrance which activates an illuminary within the room. 2. Every habitable room shall contain at least two (2) separate floor or wall type electric double convenience outlets which shall be situated a distance apart equivalent to at least twenty-five (25) percent of the perimeter of the room; and every toilet room, bathroom, laundry room, furnace room, and public hall shall contain at least one (1) supplied ceiling or wall type electric light fixture. 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Maintenance of Gas Appliances and Facilities. 1. Every gas appliance shall be connected to a gas line with solid metal piping except that listed metal appliance connectors or semi-rigid tubing may be used if approved by the Housing Inspector. 2. Every gas pipe shall be sound and tightly put together and shall be free of leaks, corrosion, or obstruction so as to reduce gas pressure or volume. 3. Gas pressure shall be adequate to permit a proper flow of gas from all open gas valves at all times. H. Maintenance of Supplied Plumbing Fixtures. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in good, sanitary working condition. 1. All plumbing shall be so designed and installed as to prevent con- tamination of the water supply through back flow, back siphonage, cross connection, and any other method of contamination. 2. Water pressure shall be adequate to permit a proper flow of water from all open outlets at all times. I. Surfaces Impervious to Water. Every toilet room floor surface, bathroom floor surface and kitchen floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. J. Supplied Facilities. No owner or operator shall cause any service, . facility, equipment, or utility which is required to be supplied under the provisions of the Housing Code to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or occupied by him, except for such temporary interruption as may be necessary while actual repairs, replacements, or alterations are being made. K. Covered Cisterns. All cisterns or similar water storage facilities shall be fenced, safely covered, or filled in such a way as not to create a hazard to life or limb. L. Sealed Passages. All pipe passages, chutes, and similar openings through walls or floors shall be adequately enclosed or sealed to prevent the spread of fire or passage of vermin. M. Pest Extermination. Every owner of a dwelling containing two (2) or more dwelling units shall be responsible for the extermination of insects, rodents, or other pests on the premises. Whenever infestation exists in two (2) or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination thereof shall be the responsibility of the owner. N. Prohibited Animals. No horse, cow, calf, swine, sheep, goat, chickens, geese, or ducks shall be kept in any dwelling or part thereof. Nor shall any such animal be kept on the same lot or premises with a dwelling except under such conditions as may be prescribed by the Housing Inspector. 15 b5r 0. Owner to Let Clean Units. No owner shall permit occupancy of any vacant dwelling unit or rooming unit unless it is clean, sanitary and fit for human occupancy. P. Maintains Public Areas. Every owner of a dwelling containing two (2) or more dwelling units shall be responsible for maintaining in a safe and sanitary condition the shared or public areas of the dwelling and premises thereof. Q. Maintenance of Fences. Every fence shall be kept in a reasonably good state of maintenance and repair or shall be removed. R. Maintenance of Accessory Structures. Every foundation, exterior wall, roof, window, exterior door, basement hatchway, and every other entranceway of every accessory structure shall be so maintained as to prevent the structure from becoming a harborage of rats and shall be kept in a rea- sonably good state of repair. S. Alterations. All structural alterations of dwellings and accessory structures shall be done in accordance with all applicable Ordinances of the City of Iowa City and with all rules and regulations adopted pursuant thereto. CHAPTER 9.30.8 RESPONSIBILITY OF OCCUPANTS RELATING TO THE MAINTENANCE OF DWELLINGS AND ROOMING UNITS A. Occupant Responsible for Controlled Area. Every occupant of a dwelling or dwelling unit shall keep in a clean, safe, and sanitary condition that part of the dwelling, dwelling unit, and premises thereof he/she occupies and controls. 1. The floor and floor covering sanitary. 2. Every wall and ceiling shall greasy film. 3. No dwelling or the premises handling of refuse. shall be kept reasonably clean and be reasonably clean and free of dirt or thereof shall be used for the storage or B. Plumbing Fixtures. The occupants of a dwelling unit shall keep all sup- plied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the use and operation thereof. C. Extermination of Pests. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling containing more than one (1) dwelling unit shall be responsible for such extermination within the unit occupied by him/her whenever said dwelling unit is the only one infested. Not withstanding, the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a reasonably rodent proof or reasonably insect proof condition, extermination shall be the responsibility of the owner. D. Storage and Disposal of Garbage. Storage and disposal of garbage and rubbish shall comply with the requirements of the ordinances of the Code of Iowa City concerning same and the Housing Inspector shall enforce the requirements contained therein. 16 41(, 1. Every occupant of a dwelling containing one (1) or two (2) dwelling units shall dispose of rubbish, garbage, and any other organic waste in a clean and sanitary manner, by placing it in approved disposal facilities or storage containers required by the Ordinances of Iowa City. 2. In dwellings containing one (1) or two (2) dwelling units it shall be the responsibility of the occupant to furnish adequate garbage and rubbish disposal facilities or storage containers of approved type and location. E. Use and Operation of Supplied Heating Facilities. Every occupant of a dwelling unit shall be responsible for the exercise of reasonable care, proper use, and proper operation of supplied heating facilities. F. Electrical Wiring. No temporary wiring or extension cords shall be used except extension cords which run directly from portable electric fixtures to convenience outlets and which do not lie beneath floor coverings or extend through doorways, transoms or similar apertures in structural elements or attached thereto. G. Installation of Screens, Storm Doors, and Storm Windows. Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens and double or storm doors and windows whenever the same are required under the provisions of the Housing Code, except where the owner has agreed to perform the service. CHAPTER 9.30.9 ROOMING HOUSES No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the following requirements: A. Permit Required. No person shall operate a rooming house unless he or she is an occupant of said rooming house and holds a valid rooming house permit issued by the Department of Housing and Inspection Services in the name of the rooming house operator and for the specific dwelling or dwelling unit within which the rooming house is contained. B. Application for Permit. The rooming house operator shall file, in dup- licate, an application for a rooming house permit with the Department of Housing and Inspection Services on application forms provided by the Housing Inspector. The operator shall file with the permit application an occupancy permit, issued by the Inspector of Buildings, for the operation of a rooming house in the dwelling or dwelling unit designated in the rooming house permit application. C. Issuance of Permit and Occupancy Record Card, Fees. When all applicable provisions of the Housing Code and of any rules and regulations adopted pursuant thereto, and other applicable codes of the City of Iowa City, have been complied with by the rooming house operator, the Department of Housing and Inspection Services shall issue a rooming house permit and an occupancy record card upon the payment of a fee, the amount of which shall be set by Resolution of the City Council of Iowa City, Iowa. The permit shall state the maximum number of persons that may reside in the total of all rooming units or portions thereof for which the rooming house permit is issued. 17 0/'% D. Occupancy Record Card. Every occupancy record shall list the maximum number of persons that may reside in the total of all rooming units located in the dwelling or portions thereof for which the rooming house permit is issued. The occupancy record cards shall also list the maximum number of persons which may occupy each individual rooming unit located in the dwelling or portions thereof for which the rooming house permit is issued. All of the rooming units listed on the occupancy record card shall be located in such portions of the dwelling as are permitted to be occupied under the provisions of the occupancy permit filed in accordance with the provisions of Sections 9.30.9.8. and 9.30.9.E. of the Housing Code. Every rooming house permit issued by the Department of Housing and Inspec- tion Services shall be conspicuously posted by the rooming house operator in a public corridor or hallway or other public portion of the rooming house for which it is issued and shall remain so posted at all times. Every occupancy record card shall be posted in the rooming house by the rooming house operator in a place where such cards are readily accessible for examination by the Housing Inspector. E. Operator to Control Occupancy. No rooming house operator shall at any time allow a greater number of persons to occupy the total of all rooming units located within a rooming house than the maximum number of persons listed on the rooming house permit and the occupancy record cards. No rooming house operator shall at any time allow a greater number of persons to occupy any individual rooming unit than the maximum number of persons listed on the occupancy record cards for each such unit. F. Nontransferability of Permit. No rooming house permit issued under the provisions of the Housing Code shall be transferable and every rooming house operator shall notify the Department of Housing and Inspection Services in writing within twenty-four (24) hours after having relinquished proprietorship or having sold, transferred, given away, or otherwise disposed of such interest or control of any rooming house, and shall file in writing with the Department of Housing and Inspection Services the name and address of the operator to whom proprietorship has been relinquished by sale, gift, or other method of transferal or disposition. G. Relationship of Permit to Building Code. The issuance of a rooming house permit to any rooming house shall not in any way signify or imply that the rooming house conforms with the Fire Code or the Building and Zoning Code of the City of Iowa City, Iowa. The issuance of a rooming house permit shall not relieve the owner or rooming house operator of the responsibility for compliance with said Fire, Building, and Zoning Codes. H. Applicability of Other Sections of the Housing Code. No person shall operate a rooming house unless all of the requirements previously set forth in the Housing Code are complied with. Every dwelling unit located within a rooming house shall comply with all of the requirements for dwelling units as established in accordance with the provisions of the Housing Code. I. Hearing When Rooming House Permit is Denied. Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the Housing Appeals Board under the procedure provided by the Administrative Procedures Ordinance of Iowa City. 18 15,ff J. Suspension of Permit. Whenever upon inspection of any rooming house the Housing Inspector finds that conditions or practices exist which are in violation of any provision of the Housing Code or of any rule or regulation adopted pursuant thereto, the Housing Inspector shall give notice in writing to the rooming house operator of such rooming house that unless such conditions or practices are corrected within a reasonable period, to be determined by the Housing Inspector, the rooming house operator's rooming house permit will be suspended. At the end of such period the Housing Inspector shall re -inspect such rooming house, and if he finds that such conditions or practices have not been corrected, he shall suspend the permit and give notice in writing to the operator that the permit has been suspended. K. Hearing When Rooming House Permit is Suspended; Revocation of Permit. Any person whose permit to operate a rooming house has been suspended or who has received notice from the Housing Inspector that his permit is to be suspended unless existing conditions or practices at his rooming house are corrected may request and shall be granted a hearing on the matter before the Housing Appeals Board under the procedure provided by the Iowa City Administrative Procedures Ordinance, provided that if no petition for such hearing is filed within ten (10) days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked. Upon receipt of notice of permit revocation, the rooming house operator shall cease operation of such rooming house, and after the elapse of a reasonable period of time, to be determined by the Housing Inspector, no person shall occupy for sleeping or living purposes any dwelling unit or rooming unit therein. L. Toilets and Lavatory Basins. At least one (1) toilet, and one (1) lavatory basin in good working condition, shall be supplied for each eight (8) persons or fraction thereof residing within a rooming house, including members of the rooming house operator's family wherever they share the said facilities; provided, that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half (2) of the required number of toilets. M. Baths. At least one (1) bath, in good working condition, shall be supplied for each eight (8) persons or fraction thereof residing within a rooming house, including members of the rooming house operator's family whenever they share the use of said facilities. N. Location of Sanitary Facilities. Every toilet, lavatory basin, and bath shall be located within a room or rooms which afford privacy to a person within said room or rooms. All such facilities shall be so located within the rooming house as to be accessible to the occupants of each rooming unit sharing such facilities without going outside of the dwelling and without going through a dwelling unit or through a rooming unit of another occupant. 0. Minimum Floor Area for Sleeping Purposes. Every room occupied for sleeping purposes by one 1 person shall contain at least eighty (80) square feet of floor space, and every room occupied for sleeping purposes by more than one (1) person shall contain at least fifty (50) square feet of floor space for each occupant thereof. Every rooming unit shall contain at least four hundred (400) cubic feet of air space for each occupant thereof. 19 6 % P. Preparation or Eating of Meals in Rooming Units Prohibited. No occupant of a rooming house shall prepare or eat meals or store cooking utensils in a rooming house unless such meals are prepared or eaten in a dwelling unit contained therein, except that occupants may prepare and eat meals and store cooking utensils in a communal kitchen and may eat meals in a com- munal dining room in accordance with the provisions of Subsections 9.30.9.Q and 9.30.9.R. Q. Communal Kitchens. A communal kitchen shall comply with the following requirements: 1. The minimum floor area of a communal kitchen shall be sixty (60) square feet; 2. The minimum floor area of a communal kitchen in which roomers are permitted to prepare and eat meals shall be one hundred (100) square feet; 3. It shall contain at least one (1) supplied kitchen sink of an approved type; 4. It shall contain at least one (1) supplied kitchen gas or electric range. Every supplied range shall have at least two (2) top burners and an oven; 5. It shall contain one (1) supplied refrigerator. 6. It shall contain at least one (1) supplied table or other facility having a total surface area for food preparation of not less than six (6) square feet. The surface of such table or other facility shall be suitable for the preparation of food, smooth, free of cracks, and easily cleanable; 7. It shall contain at least one (1) suitable supplied cabinet of adequate size and suitable storage of food and eating and cooking utensils; 8. Every communal kitchen shall be located within a room accessible to the occupant of each rooming unit sharing the use of such kitche, without going outside of the dwelling and without going through a dwelling unit or rooming unit of another occupant. R. Communal Dining Rooms. Every rooming house, within which the occupant of any rooming unit is permitted to prepare meals or cook within a communal kitchen containing less than one hundred (100) square feet of floor area, as provided in Section Q, shall contain a communal dining room which com- plies with all of the following requirements: 1. Every communal dining room shall be located on the same floor of the rooming house as the communal kitchen and such dining room shall be as nearly adjacent to the communal kitchen as is practicable; 2. Every communal dining room shall be located within a room accessible to the occupant of each rooming unit sharing such dining room, without going outside of the dwelling and without going through a dwelling unit or rooming unit of another occupant; 20 70 3. Every communal dining room shall contain not less than eighty (80) square feet of floor area; 4. The surface of each dining table shall be smooth, free of cracks, and easily cleanable. S. No Cooking In Rooming Units. The operator shall prohibit the cooking and preparation of food in every rooming unit. T. Shades, Drapes, Etc.. Every window of every room used for sleeping shall be supplied with shades, draw drapes, or other devices of materials which, when properly used, will afford privacy to the occupant of the room. U. Sanitary Maintenance. The rooming house operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the rooming house is contained, is leased or occupied by the owner. The occupant of every rooming unit shall keep his personal be- longings contained within the unit in a clean, neat, and orderly condition so as to facilitate the ability of the operator to discharge his respon- sibilities for sanitary maintenance within every rooming unit as set forth in this subsection. V. Garbage Disposal or Storage. Adequate garbage and rubbish disposal facil- ities or storage containers whose type and location are approved shall be supplied by the rooming house operator. The rooming house operator shall be responsible for the disposal of all garbage in a clean and sanitary manner through the use of approved mechanical equipment or by placing it in the required containers. W. Hanging Screens, Storm Doors, Storm Windows. The owner of a rooming house shall be responsible for providing and hanging all screens and storm doors and windows whenever the same are required under the provisions of the Housing Code. Screens shall be provided not later than the first day of June each year. X. Infestation. The owner of a rooming house shall be responsible for the extermination of any insects, rodents, or pests therein. Y. Fire Extinguishers. Fire extinguishers suitable for the occupancy and which are approved by the Housing Inspector shall be provided in every rooming house. Extinguishers shall be properly hung and shall be main- tained in operable condition at all times. Z. Heating Units Fire Protected. In every rooming house in which space is let to more than four 4 persons and served by a common central heating system or water heating system, the heating unit or units shall be suitably enclosed with one (1) hour fire resistive construction including all walls, ceilings, and doors, or such heating units shall be enclosed in a room provided with a sprinkler system approved by the Fire Marshal. AA. Early Warning Fire Detection System. Every dwelling and rooming unit in rooming houses shall be provided with a smoke detector as approved by the Fire Marshal. The detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used 1 %/ for sleeping purposes. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located within twelve (12) inches of the ceiling. Care shall be exercised to insure that the installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit or rooming unit. BB. Safe Storage Required. Rooming houses shall provide for every rooming unit a facility for the safe storage of drugs and household poisons. CC. Hazardous Storage. There shall be no transom, window, or door opening into a public hall from any part of a rooming house where paint, oil, gasoline, or drugs are stored or kept for the purpose of sale or otherwise. DD. Ways of Egress. Every rooming house shall have at least two (2) indepen- dent ways of egress from each floor level as approved by the Fire Marshal. 1. No existing fire escape shall be deemed a sufficient means of egress unless it is in compliance with Building and Fire Codes of Iowa City. 2. All means of egress shall be maintained in a good state of repair and shall be free of obstruction at all times. 3. Whenever fire escapes on a rooming house are rusty, the owner shall have them properly painted. CHAPTER 9.30.10 MULTIPLE DWELLINGS No person shall operate a multiple dwelling, or shall occupy or let to another for occupancy any dwelling unit in any multiple dwelling, except in compliance with the following requirements: A. Permit Required. No person shall operate a multiple dwelling unless he holds a valid rental permit issued by the Department of Housing and In- spection Services in the name of the operator and for the specific dwelling or dwelling units. B. Relationship of Permit to Building Code. The issuance of a rental permit to any multiple dwelling shall not in any way signify or imply that the multiple dwelling conforms with the Fire Code or the Building and Zoning Codes of the City of Iowa City, Iowa. The issuance of a rental permit shall not relieve the owner or operator of the responsibility for com- pliance with said Fire, Building, and Zoning Codes. C. Applicability of Other Sections of the Housing Code. No person shall operate a multiple dwelling unless all of the requirements for dwelling units as previously set forth in the Housing Code are complied with. D. Hearing When Rental Permit is Denied. Any person whose application for a permit to operate a multiple dwelling has been denied may request and shall be granted a hearing on the matter before the Housing Appeals Board under the procedure provided by the Administrative Procedures Ordinance of Iowa City. 22 %a E. Suspension of Permit. Whenever upon inspection of any multiple dwelling the Housing Inspector finds that conditions or practices exist which are in violation of any provision of the Housing Code or of any rule or regulation adopted pursuant thereto, the Housing Inspector shall give notice in writing to the owner of such multiple dwelling that unless such conditions or practices are corrected within a reasonable period, to be determined by the Housing Inspector, the rental permit will be suspended. At the end of such period, the Housing Inspector shall re -inspect such multiple dwelling and, if he finds that such conditions or practices have not been corrected, he shall suspend the permit and give notice in writing to the operator that the latter's permit has been suspended. F. Hearing When Multiple Dwelling Permit is Suspended; Revocation of Permit. Any person whose permit to operate a multiple dwelling has been suspended or who has received notice from the Housing Inspector that his permit is to be suspended unless existing conditions or practices at his multiple dwelling are corrected may request and shall be granted a hearing on the matter before the Housing Appeals Board under the procedure provided by the Administrative Procedures Ordinance of Iowa City, provided that, if no petition for such hearing is filed within ten (10) days following the day on which such permit was suspended, such permit shall be deemed to be automatically revoked. Upon receipt of notice of permit revocation, the operator shall cease operation of such multiple dwelling, and after the elapse of a reasonable period of time, to be determined by the Housing Inspector, no person shall occupy for sleeping or living purposes any dwelling unit or rooming unit therein. G. Fire Extinguishers. Fire extinguishers suitable for the occupancy and which are approved by the Housing Inspector shall be provided in every multiple dwelling. Extinguishers shall be properly hung and shall be maintained in operable condition at all times. H. Heating Units Fire Protected. In every multiple dwelling served by a common central heating system or water heating system, the heating unit or units shall be suitably enclosed with one (1) hour fire resistive con- struction including all walls, ceilings, and doors, or such heating units shall be enclosed in a room provided with a sprinkler system approved by the Fire Marshal. I. Operator to Maintain Orderly Premises. The operator of every multiple dwelling shall at all times maintain the premises in an orderly manner and free of materials which are hazardous to life, health, or property. J. Hazardous Storage. There shall be no transom, window, or door opening into a public hall from any part of a multiple dwelling where paint, oil, gas- oline, or drugs are stored or kept for the purpose of sale or otherwise. K. Closets. In multiple dwellings no closet of any kind shall be constructed under any staircase leading from the entrance story to the upper stories, but such space shall be left entirely open and kept clear and free from encumbrance. L. Cellar Entrance. In every multiple dwelling there shall be an entrance to the cellar or other lowest story from the outside of the building. 23 7-3 M. Scuttles and Bulkheads. In all multiple dwellings where there are scuttles or bulkheads, they and all stairs or ladders leading thereto shall be easily accessible and shall be kept free from obstruction and ready for use at all times. No scuttle and no bulkhead door shall at any time be locked with a key, but may be fastened on the inside by movable bolts or hooks. N. Skylight Access to Roof. Unless there is a bulkhead in the roof, there shall be over every inside stairway used by more than one (1) family, a skylight or scuttle not less than two feet by three feet (2'X3') in size. Every flat roof multiple dwelling exceeding one (1) story in height shall have at least one (1) convenient and permanent means of access to the roof located in a public part of the building and not in a room or closet. 0. Safe Storage Required. Multiple dwellings shall provide a facility not easily accessible to children for the safe storage of drugs and household poisons in every dwelling unit. P. Early Warning Fire Protection Systems. Every dwelling unit within a multiple dwelling shall be provided with smoke detectors as approved by the Fire Marshal. Detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. In an efficiency dwelling unit, the detector shall be centrally located on the ceiling of the main room. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located within twelve (12) inches of the ceiling. Care shall be exercised to insure that the installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit. Q. Sanitary Maintenance. The owner of every multiple dwelling shall be responsible for the maintenance and sanitary condition of all public areas therein. R. Garbage Disposal or Storage. Adequate garbage and rubbish disposal fa- cilities or storage containers whose type and location are approved shall be supplied by the multiple dwelling owner. The owner shall be responsible for disposal of all garbage in a clean and sanitary manner through the use of approved mechanical equipment or by placing it in the required containers. S. Hanging Screens, Storm Doors, Storm Windows. The owner of a multiple dwelling shall be responsible for providing and hanging all screens and storm doors and windows whenever the same are required under the provisions of the Housing Code. Screens shall be provided not later than the first day of June each year. T. Ways of Egress. Every multiple dwelling shall have at least two (2) independent ways of egress from each floor level as approved the the Fire Marshal. 1. No existing fire escape shall be deemed a sufficient means of egress unless it is in compliance with the Building and Fire Codes of Iowa City. 24 7�/ 2. All means of egress shall be maintained in a good state of repair and shall be free of obstruction at all times. 3. Whenever fire escapes on a multiple dwelling are rusty, the owner shall have them properly painted. CHAPTER 9.30.11 RFMFDTFS A. Unfit for Habitation. Any dwelling, dwelling units, or rooming unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Housing Inspector: 1. One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public. 2. One which lacks light, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public. 3. One which, because of its general conditions or location, is un- sanitary or otherwise dangerous to the health or safety of the occupants or of the public. B. Condemnation Procedures. The Housing Inspector shall leave a reasonable period of time, but not more than six (6) months, between the time he placards the property and the time he begins condemnation proceedings if remedial action is not taken to correct the situation for which the dwelling was placarded. C. Vacate Condemned Dwelling. Any dwelling or any portion thereof condemned as unfit for human habitation and so designated and placarded by the Housing Inspector shall be vacated immediately or as ordered by the Housing Inspector. D. To Re -Occupy Condemned Dwelling. No dwelling or portion thereof which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the Housing Inspector. The Housing Inspector shall remove such placard whenever the defect or defects upon which the condem- nation and placarding action were based have been eliminated. E. Removal of Placard Prohibited. No person shall deface or remove the placard from any dwelling, dwelling unit, or rooming unit which has been condemned as unfit for human habitation and placarded as such, except as provided in subsection 9.30.11.D. CHAPTER 9.30.12 RETALIATORY CONDUCT PROHIBITED A. Retaliatory Conduct Defined. Retaliatory conduct is an increase in rent or other fees, a decrease in services, a termination or threat of termination 25%1— of a rental agreement, the bringing or the threat of bringing an action for possession which is the result of the tenant doing any one of the following: 1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a safety or health code of a violation applicable to the premises materially affecting health and safety; or 2. The tenant has complained to the owner or operator of such a vio- lation; or 3. The tenant has organized or become a member of a tenant's union or similar organization; or 4. The tenant has pursued legal remedies. B. Presumption of Retailiatory Conduct. In any action by or against the tenant, evidence of a complaint or other protected activity within six (6) months before the action creates a presumption that the conduct on the part of the owner or operator was retaliatory in nature. This presumption does not arise if the tenant engaged in such protected activity after notice of a proposed rental or fee increase, diminution of services or termination of rental agreement. "Presumption" means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence. C. Owner's Rights. Notwithstanding other provisions of this ordinance, an owner or operator may increase rent or other fees, decrease services, terminate a rental agreement, bring an action for possession or act other- wise upon a showing of, but not limited to, the following: 1. The condition or conditions found in violation of the health and safety codes were directly caused by the tenant or the members of the tenant's family beyond ordinary wear and tear. 2. The tenant has refused entry at reasonable times to the owner or operator or agent of either to the premises for the purpose of cor- recting such condition or conditions. 3. Compliance with applicable safety or health codes require a reduction in services or an alteration, remodeling, or demolition which would effectively deprive the tenant of use of the leased premises. 4. The tenant is in default in rent. D. Tenant Defense. If the owner or operator acts or engages in retaliatory conduct as defined, the tenant has a defense in any action against him for eviction. In addition, the tenant may recover possession or terminate the rental agreement. If the rental agreement is terminated, the owner or operator shall return any and all amounts already paid by the tenant to which the owner or operator is not legally entitled. E. Normal Lease Term. The provisions of this Chapter shall not apply in such a way as to affect negotiation of a lease renewal at the end of the normal term of an original lease. CHAPTER 9.30.13 RENT ESCROW A. Noncompliance. 1. Deposit in Escrow. Notwithstanding any other provision of law or any agreement, whether oral or written, if a lessor of residential premises, 26 %e�' fails to comply with an order of the Housing Inspector to correct a violation of the Housing Code, the Housing Inspector shall, upon the expiration of the original notice of such violation, serve Notice in writing that the dwelling or dwelling unit is eligible for rent escrow. Said notice shall be sent to the owner by certified mail, return receipt requested with copies forwarded to each tenant affected by such notice. 2. Certification for Rent Escrow shall be given by a housing inspector upon a showing to the inspector of eligibility for rent escrow and the production of a signed rent escrow agreement with a bank, trust company or other lending institution approved by the City bearing a certificate of the Johnson County Recorder that the same has been recorded. Application for Certification must be made within 30 days of Notice of Eligibility or final determination by the Housing Appeals Board. 3. A dwelling or dwelling unit is eligible for Certification of Rent Escrow if Notice of Eligibility for Rent Escrow is not appealed as provided for in this ordinance or upon a decision by the Housing Appeals Board upholding in whole or in part the Notice of Eligibility. 4. Upon such Certification the duty of any tenant to pay, and the right of the lessor to collect rent, shall be suspended without affecting any other terms and conditions of the landlord -tenant relationship until the dwelling or dwelling unit is certified as in compliance or until the tenancy is terminated for any reason other than the nonpayment of rent. 5. During any period when the duty to pay rent is suspended, and the tenant continues to occupy, the rent withheld shall be deposited by the tenant into an escrow account in a bank, trust company or any other lending institution approved by the City of Iowa City. Said rent shall be paid to the lessor when the premises is certified as in compliance with the Housing Code, at any time within six (6) months from the date on which it was certified for Rent Escrow. Any funds deposited in escrow may be used by the lessor for the purpose of making such dwelling or dwelling unit comply with the Housing Code pursuant to adopted escrow procedures. No tenant shall be evicted for any reason relating to non-payment of rent while the rent is deposited in escrow. However, a tenant may be evicted for holding over after the end of the lease term in any written lease. After six (6) months from the date of Certification, the lessor may evict the tenant for purposes of vacating or demolition of said premises if the lessor deems it to be economically unfeasible to repair or renovate the premises. In that event, no certificate of occupancy shall be issued and no person shall occupy said premises for a period of one (1) year following the tenant's eviction. If, at the end of six (6) months after the Certification of the dwelling or dwelling unit, such dwelling or dwelling unit has not been certified in compliance, any monies unencumbered or remaining in escrow shall be payable to the depositor. 27 77 B. Administration. The City Manager shall develop and establish written procedures for the deposit and disbursement of all monies derived as a result of the rent escrow program. Such procedures shall be adopted by resolution by the City Council. C. Hearing Before Housing Appeals Board. Upon appeal of any Notice of Eligibility for Rent Escrow the lessor may assert and present evidence as to why a particular premises does not qualify for the rent escrow program. Among the matters presented, the owner may assert and show, but is not limited to, the following: 1. The deficiencies found by the Housing Inspector have been directly caused by the tenant or members of the tenant's family beyond ordinary wear and tear. 2. The tenant has refused entry to the owner or his/her agent for the purpose of correcting such condition or conditions. 3. The owner or his/her agent had no knowledge or had no reason to believe that said deficiencies had existed in the dwelling or dwelling unit. 28 7%f SECTION III. REPEALER The following Ordinances and conflict with the provisions 2319 2496 2438 2521 2551 2335 2415 2525 SECTION IV. SEVERABILITY any other Ordinances or parts of Ordinances in of this Ordinance are hereby repealed: Ordinance No. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 9th day of May , 1978. ATTEST: 4 .. J ABBI US, CITY PILLKK ROBERT A. VEVERA, MAYOR 29 /7/ 1 It was moved by Neuhauser and seconded by Perret that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x DeProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration April 25, 1978 Vote for passage: Ayes: deProsse, Erdahl, Neuhauser, Perret, Vevera. Nays: Roberts. Absent: Balmer 2nd consideration May 2, 1978 Vote for passage: yes: Perret, Vevera, deProsse, Erdahl, Neuhauser. Nays: Roberts Absent: Balmer Date of Publication 30 gl� �• ��yi'/ '/ny////j'',, CIVIC CENTER X 10E. WASHINGTON ST. IOWA CITU.Y, IOWA 52222400 Jip]NI8p0 STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2892 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 9th day of May , 1978 , all as the same appears of recorTin my office and publishedin the Press Citizen on the 13th day of May , 19 78 Dated at Iowa City, Iowa, this 13th day of June 19 78 � A ie Stolfus, City/ Clerk Printers fee $— / �Vll CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is her attached, was published in said paper times, on the following dates: Cashier Subscribed and sworn to before me this day of fLJAA'I— A.D. 19/77 i? Notary Public No. /D 9s�S7 -OFFICIALPUB LICATION 0 RDI N,"'. WA ORDINANCE AMNDING ORDINANCE N0. 77-2235 BY CLARIFYING CERTAIN PROCEDURES RELATING TO TINE RELEASE, OF MOTOR VEHICLES IMpouODED FOR ACCMULATED PARKING VIOLATIONS. 4. SECTION I. PURPOSE The purpose of this ordinance a ta'clfarify procedures for re- leasing motor vehicles impounded for accu- mulated parking vfglations. This ordinance allows the owher on the operator to reclaim the vehicle upon signing a certificate that he/she is the owner or operator- paying all charges and costs incurred and accepting service -f-a nits" on- The amer has the option of paying for all outstanding tickets in lira of contesting such tickets. SECTION amended • AMENDMENT. Section addition Ofi the shali following Paragraph: D. Release of Impounded Vehicles. I. Thu registered owner or operator may claim any vehicle impounded pursuant to the provisions herein by appear- ing before the Director of the Finance Be- partment or his/her representative. At such time, the owner or the operator shall sign a certificate that he/she is the registered owner or operator of the impounded vehicle. Pay for all charges and costs incurred in impounding the vehicle and accept service of a citation filed against him/her for any outstanding tickets. In lieu of said citation, the owner or operator may at that time Pay for any outstanding tickets. 2. It shall be unlawful for any person to reclaim any vehicle impoomped pur- suant odurp etiforrth in this section to the procedure thee SECTION III. REPEALER. All ordinances or parts o or toances in canflict with the pro- visions of this ordinance are hereby repealed. SECTION 1V. SEVER"'I,IIY. If any section, pro!asion or par�tno ordinance shall be adjudged Pi be invalid or unconstitutional, such adjudication shall not affect the vali- dity of the ordinance a'. a whole or any sect- ion, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This ordinance -shall be TO--eTfeCt after its final Passage, approval and publication as required by law. Passed and approved this 9th day of May 1978. �i- Rooerc Vavera. nayor Attest=to ,ty er May 13, 1178 ORDINANCE N0. 78-2892 AN ORDINANCE AMENDING ORDINANCE NO. 77-2835 BY CLARIFYING CERTAIN PROCEDURES RELATING TO THE RELEASE OF MOTOR VEHICLES IMPOUNDED FOR ACCUMULATED PARKING VIOLATIONS. SECTION 1. PURPOSE. The purpose of this ordinance is to clarify procedures for re- leasing motor vehicles impounded for accu- mulated parking violations. This ordinance allows the owner or the operator to reclaim the vehicle upon signing a certificate that he/she is the owner or operator, paying all charges and costs incurred and accepting service of a citation. The owner has the option of paying for all outstanding tickets in lieu of contesting such tickets. SECTION II. AMENDMENT. Section 6.18.02 shall be amended by the addition of the following paragraph: Release of Impounded Vehicles. 1. The registered owner or operator may reclaim any vehicle impounded pursuant to the provisions herein by appear- ing before the Director of the Finance De- partment or his/her representative. At such time, the owner or the operator shall sign a certificate that he/she is the registered owner or operator of the impounded vehicle, pay for all charges and costs incurred in impounding the vehicle and accept service of a citation filed against him/her for any outstanding tickets. In lieu of said citation, the owner or operator may at that time pay for any outstanding tickets. 2. It shall be unlawful for any person to reclaim any vehicle impounded pur- suant to the provisions herein, contrary to the procedure set forth in this section. Y/ f Ord ce No. 78-2892 Page 2. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the pro- visions of 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 adjudication shall not affect the vali- dity of the ordinance as a whole or any sect- ion, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 9th day of May , 1978. Robert A. Vevera, Mayor Attest: Abbie Stolfus, City/M erk It was moved by Roberts and seconded by deProsse that the ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration May 2, 1978 Vote for passage: Ayes: Roberts, Vevera, deProsse, Erdahl, Neuhauser, Perret. Nays: None. Absent: Balmer. 2nd consideration Moved by Balmer, seconded by Perret, that Vote for passage: the rule requiring ordinances to be considered and voted on for passage at two Council meet - Date of Publication ings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Perret, Roberts, Vevera, Balmer, deProsse, Erdahl, Neuhauser. Nays: none. Absent: none. RECEIVED & APPROVED BY THE IJPALD ARTMENT C sd �•'�/ny,'/ CIVIC C 110 E.WASHINGTONST. IOWA l/1�/ IOWA CITY. IOWA 52240YY�0 91 Y-961-1660 STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2893 which was passed by the City Council of Iowa City, Iowa -ata regular meeting held on the 16th day of may , 1978 , all as the same appears of recordin my office and publishedin the Press Citizen on the 22nd day of may , 1978 Dated at Iowa City, Iowa, this 13th day of June 19 78 1 Abbie Stolfus, Cit3rClerk Printers fee ET� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being drily sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper times, on the following dntasr Subscribed and sworn to before me this day of �J,p A.D. 19 7 a Notary Public l o f'S/S7 No. OFFICIAL PUBLICATION ORDINANCE NO. /8-2891 AN ORDINANCE AMENDING ORDINANCE M. 78-2891 BY IIIATABLISHING FEES FOR TRE -7 -UANECIA PERMITS foR MJLi1 PLE oWEFLI - '-�f I� SECTION 1. PURPOSE. The N�Vel4 this ameadment Is to establlan a fee T{b�t the issuance of rental permits for awl ple duel l ings. A fee is provided for nu permits for rpuning houses. Both City staff and the Housing Commission rc: commend that a fee be included for multiple duelling permits but the provision was omitted Inadvertently in the final draft. SECTION If. AMENDMENT. Section 9.M.10(A) 0o Ortl roan 1 shall me read di follows. ; A. P_ermit_BY Or,& No person shall operate a mu t1I 'pie due111ng unless M1e holds A valid cental permit issuN4,fy the Depart- ment of Housing am Inspectional Services I. the mune of the operator and for the specific swelling, or dwelling unit. The operator OAT poly for such permit by subnl to ng an eppl ltjtion and paying a fee, the unman o/ whim Sha l be set by R9soln- tion of the City Council of the City of Iowa City, Iowa. Upon determination that all applicable provisions of the Housing Code and Of any rules and regulations adopted pursuant thereto, and Other applicable codes of the City of Iowa City, Iowa have been cmplied with by the operator, the Depert- sent of Housing and Inspection Services shall issue a rental permit for said specific dwelling Or dwelling unit. SECTION M. REPEALER. At1 ordinances and parts 0 pr nances n conflict with the provisions of this ordinance are hereby re- pealed. SECTION M SEVERABILITY. If any section, prOv sl—ion or parto tM Ordinance smll be Adjudged to be Invalid or unconstitutional, such adjudication shall not affect the vali- dity of the Ordinance as a whole or any sect- ion, provision or part thereof not adjudged sect- ! nvalid or unconstitutional., SECTION V. EFFECTIVE DATE. This Ordinance s a ce n e act a ter is f ml passage, approval and publication as reguirea by law. Passed and adopted this 16th say of May 1918, i% /' if? iy '.. F9LL}1f!•:B1a1�.i01aaiF#�K�ei� ORDINANCE NO. 78-2893 AN ORDINANCE AMENDING ORDINANCE NO. 78-2891 BY ESTABLISHING FEES FOR THE ISSUANCE OF RENTAL PERMITS FOR MULTIPLE DWELLINGS. SECTION I. PURPOSE. The purpose of this amendment is to establish a fee for the issuance of rental permits for multiple dwellings. A fee is provided for rental permits for rooming houses. Both City staff and the Housing Commission re- commend that a fee be included for multiple dwelling permits but the provision was omitted inadvertantly in the final draft. SECTION II. AMENDMENT. Section 9.30.10(A) of Ordinance No. 78-78-91 shall now read as follows. A. Permit Required. No person shall operate a multiple dwelling unless he holds a valid rental permit issued by the Depart- ment of Housing and Inspectional Services in the name of the operator and for the specific dwelling or dwelling unit. The operator shall apply for such permit by submitting an application and paying a fee, the amount of which shall be set by Resolu- tion of the City Council of the City of Iowa City, Iowa. Upon determination that all applicable provisions of the Housing Code and of any rules and regulations adopted pursuant thereto, and other applicable codes of the City of Iowa City, Iowa have been complied with by the operator, the Depart- ment of Housing and Inspection Services shall issue a rental permit for said specific dwelling or dwelling unit. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby re- pealed. Y3 Ord. No. 78-2893 Page 2 SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the vali- dity of the Ordinance as a whole or any sect- ion, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted this 16th day of May , r J Ord. No. 78-2893 Page 3 It was moved by Neuhauser and seconded by deProsse that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x deProsse x Neuhauser x Perret x Roberts x Vevera First consideration Moved by deProsse, seconded by Perret, Vote for passage: that the rule requiring ordinances to be considered and voted on for passage at two Second consideration Council meetings prior to the meeting at Vote for passage: which it is to be finally passed by sus- pended, the first and second consideration and vote be waived, and the ordinances be voted upon for final passage at this time. Ayes: Balmer, Erdahl, deProsse, Neuhauser, Perret, Roberts. Nays: none. Absent: Vevera BY .Ta LE DF.Y�T1Cc1NT �l K CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 910.05/1800 STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2894 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 16th day of Ntay , 1978 all as the same appears of recorTTn my office and published in the Press Citizen on the 27th day of May , 19 78 Dated at Iowa City, Iowa, this 13th day of 19 78 June A ie Sto fus, Ci PY Clerk OFFICIAL PUBLICATION ORDINANCE M. 78-2894 ffyS `.ECT ION b. ANIMAL REr,ULQ '- Notrithslon-Ph, G. Maintenance: The applicant is responsible the provisions O�aRr q[ Ordiname.,no for maintaining the arca within and in pro,- AN ORDINANCE PROVIDING FOR TRE PUBLIC AND person snail take. accompa low any animal imity to his location in a clean and hazard- PRIVATE USE OR CITY p1.AZA� ESTABLISHING let. City Plaza: excEOt till ;hall not free condition, including show removal for a REGULATIONS GOVERNINf,%5 IBE, ANO. PRE- apply to a seeing eye dog being OW to assist a distance of ten (10) feet from any structyru SCRIBING PERMIT AND TEASE HkEOURES FOR '% blind person. Occupied by the applicant. .. SUCx USE. SECT IOAj USE OF CITY %-AZA. Supplementary trash cants,xily must be Red- SECTION 1. PURPOSE. It is the intent of anis • ' specified -waded if considered plwl cpttrf led the ofInto City Plaza in A. permitted Uses: uses includewith Permit. All- esca Drng ;3p the lease it. All- cuse order [o prompt¢ the public Interest by: order to hhose her uses luete3&low. Diner uses consistent with the -- . provided by the applicant the exterior of he kt ks d is must be A. Making City Plaza active and attractive pp Purpose, may be purposes stated to Specifically permitted if lcaily approved. When a ill structures, Os metotal ned Dy tf app, tcan goof condt- de Dedestrlan ¢nvtraremnts temporary allowed It is that wars Ou tion. B. colorful, the opportunity for creative,M181 this o od that tors onne 3 authorization aces rot understood to extent to Zone 1 or ton 3 arose watch are H. Ii-m-of tion: im inter( or rlTommine- cowers Tal and colorful, cWcsties airmotley leased for under purposes e.g., lding front and basement' pfocused cultural activities do a day/m 1g M. Year- moble vending ceras may ho[ approach patrons extensions, display window extensions, base- ..te00 i display round, and Seasonal Dosis, seated in a sioemlk cafe. meat stair wells, and kiosks is requ l red During locals of operation: C. Encouraging comertial activities With add 1. Ambulatory vendors, e.g., balloons or interest. charm, vita Tlty, diversity, and portraits (Zone 1, 2, 3). 1. Newspaper Vs my MicMnes: Newspaper good design to City Plaza: a 11 may be located on ins Plaza az ung hange, Z. Mobile vending carts for food, flowers/ b installed only at the w charge, but mus[ D. Encouraging Me upgrading of store-fronts and plants, newspapers/ magazines, etc. and in the manner spmi- spent Sic ed the of compatible and well- (Zone 2) the fled by tf [i ty. deS ,geed elewnts MMin ZOre L designed elements 3. Sidewalk cafe (tone 1, 3). J. Construct ton Costs: All costs of E. Control myy the use of vehicles and bicycles nt, inuc- cion are ba-Be-paiddis by the indue- to in City pl fid. 4. Stairways t0 basements. Pursuant to In the ung costs damage or raw In to the City LhapNr 101A of Me Cede a1 Iew. they Plaza caused by the comstruz [t on. ed The intent of the City Plaza Use Regulations is shall only be permitted when the busf- 5ECT1 S. CITY PLAZA LCL PE WITS. , that private development within City Plaza is to ness an the basement level Ms an otter be Permitted sparingly and only for these pro- hate extreme which makes it accessible A. moble Vendors: Specific locations have been posals that are of the highest quality. It is not to the handicapped or otherwise complies aeslgnated-wTthin the boundaries of City to be considered a muse by rigb4" win State If. (Zone 1). plaza for the operation of wbfle vending ! SECTION 2. DEFINITIONS. - wf S. Display olow extensions (tone I). parts. Each mobile vending Permit shall carry with it the authorization to operate at Sidi Vender - An individual selling goods or 6. Building front and/or basement extensions two (2) designated locations, bebeee which the vendor shall circulate frequently. The services and operating without the use of is mobile providedtheuse of the extension Is the oenear m ay sell transit I/ s request is vending cart or Kiosk, amid with a minimum of ' same as the store activity (Zone 1). primary made, Provided thhee trade shalt be equipment, e.g., balloons, portrait artist. conducted at one of the designated Locations. ign 2. Masks (Zane ]), Audio Ambience - A localized use of sound intend The City Manager or his/her appointed des- fo create a pleasant, relating atmosphere. a. Landscaping (Zone 1). ignee may issue a permit to operate a public Basement Extension - Any use of Zone 1 at an 9. Arts and crafts sales of hand-made vending cart in the public right-of-way of City Plaza after careful consideration and Taoraffm-Fetween 'City plate level and the base- articles by an organized guild, assoc- assurance that the foll wing conditions have wet Noel that is visually exposed to or Intrudes tation, or club on an occasi0M1 basis om will be ret: open pa [Ry, Plaza in any manner. (Zone 1, 2, 3). reullo xtensian - Any permanent construct'. in 10. Sales or exhibits by individual artists 1. An Authorized aesigM ted mobile vneeing Tone t-is 3i It tly attached to an existing or artisans and food vendtnnpp on a tewp- is a location s available ratio w11t of building. ora ry basis for spec lal ev¢Rts (Zone 1, Interfere with the operation of an 2, 7)- existing mobile version. City plaza - That are[ Of public right-of-way exte Ing from the northern right-of-way line to e. 11. Events of an educatioma)"oh' entertain- 2. The applicant's proposed mode of opera- the southern right-of-way line of College Street meat nature. It Pian will not impede the tree floe of Prem the eastern right-of-way line of Clanton pedestrian traffic along Me City Plaza Street W the western right-If-may lire of Linn free the eight-Of- B. Usable Area a right-of-way. .1 m and out of retail establisFemts fronting on the (laza. Street; and extending western may line to the eastern right-of-way lire of 1. Zone 1 - Permits may De issued for any 3. Th„ applicant eirees to arerate h,,Jhwr Dubuque Street from the southern right-of-IRU, line par[ of Zone 1. Building extensions bine ness only wrtbin the bsunearies of of Washington Street to the northern right-Of-way, shall only to allowed Afro, in the sole Plaza and only at designated mobile line of the alley between Burlington Street and judgement of the City Council, suchCt:y verdinq laations, or 1n Clan;{[ between College Street. extensions enhance the quality of City tnor. Kiosk - A enroll structure that Is stationary, but Plaza. 2. Zone 2 - bawd areas are as shown _ 4• Th° stall of [ed applicant 's hol my be permanent Or seasonal in nature. pn Me attached Plaza Oiayrims. f fou III cart shall not exceed a axe of four cart Candscl - Live plant material used strictly Shown 3. Zone 1 - The usable areas are as zhn lie feet wide by eight (W feet long by sex (6) feet high. Tor an ornamental or ecological Purpose. on the attached Plaza Diagrams. MODile Vending Cart - A non-mq[OrizW structure on 4, Plaza landscapingme De modified or Y 5. The eolicant small store the vender, car[ off Me right-of-way and W"Is Saabs easily moved and is used far vee- removed to a extent, if the net a the small describe the pronation for stor- ing. Plaza[ enhances the ambs char of theCity es the age in the permit application. Permanent Construction - Any structure erected for Plaza and t/ approved he part ca the Dermj[ in 1 The restore 6. The applicant has Obtained all necessary a year-pouf use. t such cases must agrn'to restore tf ses must permits required by the Johnson County Plaza landscaping to its origiMl con- - Department of health. Public - The City Plaza and adjoining street. dition upon termination o/ the Permit - Any structure erected for and provide a bond or escrow account in The sale or ass ignwnt of a mobile vending Seasonal Con troction is an amount determined by the City. permit for City Plaza is expressly prohib- a'seasona or temporary activity and which lied. removed from the Plaza off-season. C, Dates and lots of Operation: Kiosks and �n tf Plaza B. Ambulator' V�Meors. The City Manager or $*[ION 3. OESCRIPTION SLPL ZONES. bu ild trays extavr aTd [o City are t0 leas[ duringIN bust- Fl-Wher appointed designee my issue a perm,[ be apart at thew, retail eastmordesturetaiay. far the purposes of aebulatory rending in the 1 The ten (10) feet directly adjacent ness hours. through through- public right-df-way of City Plaza after A. Zone - Private property ernes. Zone 1 ex- out Me year. Sidewalk cafes, seasonal careful consideration Of the applicants Of talong all tends the Planally, kiosks and mobile carts my operate season- ft exist at least De to operation PeOlO sed business• and az zucance that the sides of tM Plaza. o substantieej7 ly during normal retail business following conditions have or will be met: 2 the six (6) foot pedestrian lanes furs, MolPdday through Saturday, may 1 to 1. 'The applicant 4,11 operate without the B. Zone - Tning Zone 1 on each side, the emerg- October 1. Other months of Operation may De kiosks use of a mobile vending cart, and with a A ARj /sero ice lane. [M landscaped areas, and granted by permit for seasonal and while carts when the product is related to minimum of equipment. Ne areas with street furniture agd features. another season. 2. The applicant's proposed mode Of Oyeri- C. Zone 3 - Arms within the Plata other than tion will not impede the free flow of fon i and Zanthat have bem designated D. Noise Control: Any request for the use of. Pedestrian traffic along the City Plaza .2 for private development. sound moil-6-e spaeiftcally approved aha my right-of-wy, or in and out If retail be Permitted only if it will entourage an establishments fronting as the Plaza. The Zones are illustrated in the attached C)ty audio Ambi pace vdthrn the city Plaza, while 3. The applicant will conduct hisbout Plaza Plan. at the same time Peotectir, the Several of Plaza e[e lY within the boundari� SLCTION 4.-ainBICYCLE REGULATIONS. No person shall public from an overload• vol w,e, or type of sound that is disturbing Or inAPpropriate for of City Plaza. City rfde a bicycle within City a No bicycles plate A Pedestrian Brea. a. The applicant has obtai hard all sec eswry. left Sou .i Mln City unless shall be na located in a bicycle rack. Any r,plati an of this E. The permits required be, to Johnson County Insurance and Indemmificationt aphilicaot Department of Hca lth. Section shall W a misdempanr. 5Sha11 agree to indemnify, defend and save 5. MOTOR VENILin 0.EGULAcir-Y. Except as harmless tbe City of IW City, its agents. from The sale or ass{ t of an ambulator 9omm y SECTION DrdvldeeT rTerein, w wtoe vehicles, officers, and employees• and against all dival losses to Permit for City Plaza is expressly olverwi vehicles, shall he operated claims. and expenses any from, pealing DraM bi led. except emeraancy ,parts of City Plaza without a Permit. manner resulting arising Out M or wi Min the connected with the pamtrpttlM. use, minGn- C. Demeor. and Tm� ary jV tures. The Ub A permit for the operation of motor vehicles City wan- Once or removal of any structure, cart or zr• aDpmvalCttyy Couwtl. my within City Plaza my b! issued by the use. The applicant sill at all tiros mein- te9'a ur an Into an agreewnt for time lease of ager upon application according to the following Coln a policy of liability insurance in the in Plan the procedures: minimum amount o/ $300.001) for Personalpublic right-of-way the City Cor injuries, and 150.000 for property damage ion for a Kiosk, or as a permanent structure t a designated cans esin addi- A. Any busi Mss located that property which dock; arising out of the Permitted operation. Thesitea tion to an existingstorefront, or for the wt otfwi se abut'a pail is right-of-way other Man City plaza my be granted in can- - applicant shall file, in the office of the temporary or seasonal use of Zane 1 by tee tinuing permit Upon a shwing that such is City Clerk, a copy of the liability insurance owner or operator of abutting pronrta. Be fit necessary to provide for the delivery of Policy executed by a company authorized to do Tease shall only be mitered Into after care- goods to or from the business. Such permit insurance business In the State Of Ira in A fol consideration nM assurance that the shall al low the presence of the vehicle farm approved by the City Clerk. The PO111Y following conditions love or writ Of mob within the Plaza only during active loading shall further provide thirty (30) days notice s and unloading. of cancellation or material change to the 1. huh if lea Design: _ City Clerk. Such cancellation or change B. Any individual may be granted a temporary without written approval she 11 revoke the A. Additions to p}Tidings shall in permit upon a showing that the placement or permit or lease. scale and deaFg be harmonious .,in operation of a motor vehicle upon City Plaza RapMnMt delrb r," structure, fora Identified, lrm Red Perind of time, is F. Oeraerwnce Time Limits: Sidewalk Safes, ate with fly Plaza. . seasoms arra�ile vend leg arts oust D.. Wttrial�ll be Suitable the necessary. be to Operation .{thin sixty (60) days of the 9tor style an d gn of buildings In C. A service vehicle operated by the City of start date provided for and Permit, or the -which they aused. Iowa City my operate within City Plaza permit approval shall automatically ex Dire c. MaearlAT►:wlric are arch{{ec tura ley without a Permit worn performing necessary Hermnent kiosks and building extensions mammn Gwe }M11 be used for all maintenance Mhi Ph requires the use of the shall be completed and In Operation within bullding palls ind neer exterior vehicle. such reasonable that, as set In the permit, building [mm n et, faci ly or Mach Shall in no event exceed oPe (1) year. - pd rtlY yr si ale from Publ" wads. Any violation of this Section shall NO a .,de- meanor. r L' f b V. j 1 r:z Z.Y s Y' lb L' f ]_f j 1 r:z Z.Y s Y' as , ti • i V' j r:z Z.Y s Y' j r:z d. Selection Of materials shall he ided by the follow Ing: (1) Ravmny with adjoining build - (2) F to ted ala 1. (2j woodZthose o woad these of City Plata Plata • (B) Materialsshall be Of durable quality. icyy. e. Budding -such as Leah, eav . doors, eaves. and Para- ,eta - good panotheions. pets - relationship one another. and rel be L shall el Colors shad be selected for their ' harmony aha/or ability t0 e t- menthet tcolor schen of thhCi e City aaa. Bright or brit last colors shall be used only for accent. g. Mechanical dour Paint other de utility hardware epee, growl or i, shall ha screened frau Public vi is turmon- W611c view with ,ous with the Wilding. or they Wilding. shit be located so as not n s. visible /rany Public ways. ed h. lighting shall t. Ort M 1 the architectural mncmta theExteriorarch tures. and all exposed ,ieS shall niche. shall be M1anwnlgws � with buries with bullar deign. 2. Signs: a. All signs shall be part of the architectural concept. Size. color; lettering. location and arrangement shall be hamonious with the building design, gn shall ha conWtible with signs on Adjoin- ing buildings. b. Mnrtais used in signs shall have good architectural character and be harmonious with Wilding design and the Mterials used In the City Plaza. K. Every sign shall In wale aha In proportion express an appropriate visual relationship W buildings aha surroundings. d. Colors snail be used harmonipwsly acid with restraint Euessive bri htness and brillant calors she I be avoided. Lighting Shall be harmonious with the design. If eateries spot lighting is used. It shall be arranged so that the light source is shielded fren view. ]. Additional Criteria: The Design Review Cmmittee may, from time to tine, formulate additional design criteria far the review Of pro- posed construction pursuant to this ordinance. dince. Such criteria shall beraae effective only wban aowted by the City Councilby resolution. M building pewit for the taatmetim of any teporely Or permanent structure. or for any Wilding extension, to be constructed Pursuant to this ordinance, shall be issued until plans for said coeatrlttlon have ham reviewed by the Design Ae,Imv cemittee and approved by the City Camcii. The Design Review Definitive shall, within thirty (.l0) days Of receipt of said plans. review the plans Ind advise approval, approval with tandst,ons, ar disapproval in A written GGpp..aY�_ -regrt forwa ded W that city Council and the awl scant. If the Design Review f ittee re,da eeds a,M.l with conditions, it shad retain the at - it Thad tiee vote of five IS) members Of the City council to constitate City Deamil approval pursuant to this sec- tion unless wCh COMMOms are met; and if the Design Amm, C<mmittee recOh- words disapproval. it shall rewire the affirmative vete of five (5) members of the City Ceunctl to constitute City Council approval pursuant to this Sac - tion. SECTION 9 APPIIGiIOM eRpCEpUR[B. Al )) In Order to Obtain a Permit pufsuant to this - Chapter, the applicant shall file an aPolt- tatton with the City Imager or his/her designee In deer, to be considered. the application, and etticlients, shall contain sufficient inforgtim ter fully determine the t of ed tadpltcant, and to insure full pl lance with this Oednc tMe. The City �Menager shall establish the ream reverts for �epDl lEaH has aha shall establish the proced. Dns for review of all applications. Prior to the issuance of any permit be auth- orization of any lee. which include, the construction of any improvements, the design of such improvements shall an submitted to the Design Review Cmmittee for review. The Design Review cdowittee shall review two plans Sunnitied, aha shall make a written rectererdatiai to the City Manager. In making Its rro EmwevdatiOns the Design Review Coxmittee .IT consider sta.critena set forth in SKt1an;OC Of this Ordinance. C. ' in cases where there may be more than one application for a Particular location, or the City Meager considers it in the public interest to solicit proposals. the City Manager shall %tablish such selection procedures as he/sM deems fair, reasonable and appropriate. a D. ApplicatiCna for a change of use shall follow the same procedure and n Subject to the same eevlaa aha approval criteria as law applica- tions. 0. FEES. The City council shall period- Y rev ew ami "vim, as appropriate. by lution, fees for the lease Of DrOPeety and for the issuance of permits duthorized Lorain. ,iCT10N 11. RENEWAL AND TERMINATION. A. Permits for ppeenimnmt cOMtructlon shall be /Or the yrt'�Pa ". in [M lease agree - Sent, Or til terminated or reaebl by the City Manager Pursuant'W the loco. AgreevMet. B. other permits for specific looltions are for owe year, the remissble autpma tically for one additlonal year, AFOyided the permittee igerated at least three (J) months during the first year. C. Permits are ndn-transferable. Leases may W assigned or sublet Only awn prior written approval of the City Count it. o. Upon revocation or termination Of any pernft. the ptmmittee shall be responsible for rprov- ino ted structure and restoring the permit area t0 it condition prior to the Issuance of the permit. SECTS 12. _RELATIONSHIP TO OTHER ORDINANCES. If any wov, s,on obis Ordinance con7iicts with any provision of other Ordinances, the more restric- tive Shall apply. SECTIOY. I1 .SAVINGS U If any section. Pa. On Or part 0 rdinance ,Mil be ad- judged to be invalid Or unconstitutional, such ad- judication shall trot affect the validity of the Or Ordinance as a Male or any section, pro. Part thereof net adjudged invalid or unconstiau- tiowT. , SFCTIDN la. EFFECTIVE DATE. This Ordinance shall be -in effect atter-fts final passage, approval and publication as required by law. [-sed and adWtW this 16th day of May, 1878. s/JOIN R. BALMER. MAYOR PRO TEM .,T: sIQBIL STOLFUS. CITY CLERK AOay 27, 1978 Printers fee: 3 0 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being duty sworn say that I am the cashier of the IOWA CITY PRESS. CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper _ e -- times, on the following Subscribed and sworn to before me this / day of LLP A.D. 19 �9. Notary Public No. �10 f 5/S7 ORDINANCE NO. 78-2894 AN ORDINANCE PROVIDING FOR THE PUBLIC AND PRIVATE USE OF CITY PLAZA, ESTABLISHING REGULATIONS GOVERNING SUCH USE, AND PRE- SCRIBING PERMIT AND LEASE PROCEDURES FOR SUCH USE. SECTION 1. PURPOSE. It is the intent of this Ordinance to regulate the use of City Plaza in order to promote the public interest by: A. Making City Plaza an active and attractive pedestrian environment; B. Providing the opportunity for creative, colorful, pedestrian -focused commercial and cultural activities on a day/night, year-round, and seasonal basis; C. Encouraging commercial activities which add interest, charm, vitality, diversity, and good design to City Plaza; D. Encouraging the upgrading of store -fronts and the development of compatible and well-designed elements within Zone 1; E. Controling the use of vehicles and bicycles in City Plaza. The intent of the City Plaza Use Regulations is that private development within City Plaza is to be permitted sparingly and only for those proposals that are of the highest quality. It is not to be considered a "use by right." SECTION 2. DEFINITIONS. Ambulatory Vendor - An individual selling goods or services and operating without the use of a mobile vending cart or Kiosk, and with a minimum of equipment, e.g., balloons, portrait artist. Audio Ambience - A localized use of sound intended to create a pleasant, relaxing atmosphere. Basement Extension - Any use of Zone 1 at an elevation between City Plaza level and the basement level that is visually exposed to or intrudes upon the City Plaza in any manner. Buildin Extension - Any permanent construction in Zone 1 that is directly attac ed to an existing building. City Plaza - That area of public right-of-way extending from the northern right-of-way line to the southern right-of-way line of College Street from the eastern right-of-way line of Clinton Street to the western right-of-way line of Linn Street; and extending from the western right-of-way line to the eastern right-of-way line of Dubuque Street from the southern right-of- way line of Washington Street to the northern right-of-way line of the alley between Burlington Street and College Street. I. Ord. No. 78-2894 Kiosk - A small structure that is stationary, but may be permanent or seasonal in nature. Landscaping - Live plant material used strictly for an ornamental or eco of gical purpose. Mobile Vendin Cart - A non -motorized structure on wheels that is easily move and is used for vending. Permanent Construction - Any structure erected for a year-round use. Publicway - The City Plaza and adjoining street. Seasonal Construction - Any structure erected for a seasonal or temporary activity and which is removed from the Plaza off-season. SECTION 3. DESCRIPTION OF MALL ZONES. A. Zone 1 - The ten (10) feet directly adjacent to the private property Ines. Zone 1 extends the length of the City Plaza along all sides of the Plaza. B. Zone 2 - the six (6) foot pedestrian lanes adjoining Zone 1 on each side, the emergency/service lane, the landscaped areas, and the areas with street furniture and features. C. Zone 3 - Areas within the Plaza other than Zone 1 and Zone 2 that have een designated for private development. The Zones are illustrated in the attached City Plaza Plan. SECTION 4. BICYCLE REGULATIONS. No person shall ride a bicycle within City Plaza. No bicycles shall be left unattended within City Plaza unless located in a bicycle rack. Any violation of this Section shall be a mis- demeanor. SECTION 5. MOTOR VEHICLE REGULATIONS. Except as otherwise provided herein, no motor vehicles, except emergency vehicles, shall be operated within the limits of City Plaza without a permit. A permit for the oper- ation of motor vehicles within City Plaza may be issued by the City Manager upon application according to the following procedures: A. Any business located on property which does not otherwise abut a public right-of-way other than City Plaza may be granted a continuing permit upon a showing that such is necessary to provide for the delivery of goods to or from the business. Such permit shall allow the presence of the vehicle within the Plaza only during active loading and unloading. B. Any individual may be granted a temporary permit upon a showing that the placement or operation of a motor vehicle upon City Plaza for a specified, limited period of time, is necessary. -2- 8i Ord. No. 78-2894 C. A service vehicle operated by the City of Iowa City may operate within City Plaza without a permit when performing necessary main- tenance which requires the use of the vehicle. Any violation of this Section shall be a misdemeanor. SECTION 6. ANIMAL REGULATIONS. Notwithstanding the provisions of any other City Ordinance, no person shall take, accompany, or allow any animal into City Plaza; except this provision shall not apply to a seeing eye dog being used to assist a blind person. SECTION 7. USE OF CITY PLAZA. A. Permitted Uses: Permitted uses include those listed below. Other uses consistent with the purposes stated in Section 1, Purpose, may be permitted if specifically approved. When a mobile or temporary use is allowed it is understood that this authorization does not extend to Zone 1 or Zone 3 areas which are already leased for other purposes e.g., mobile vending carts may not approach patrons seated in a sidewalk cafe. Ambulatory vendors, e.g., balloons or portraits (Zone 1, 2, 3). 2. Mobile vending carts for food, flowers/plants, newspapers/ magazines, etc. (Zone 2) 3. Sidewalk cafe (Zone 1, 3). 4. Stairways to basements. Pursuant to Chapter 104A of the Code of Iowa, they shall only be permitted when the business on the basement level has an alternate entrance which makes it acces- sible to the handicapped or otherwise complies with State law (Zone 1). 5. Display window extensions (Zone 1). 6. Building front and/or basement extensions provided the use of the extension is the same as the store activity (Zone 1). 7. Kiosks (Zone 3). 8. Landscaping (Zone 1). 9. Arts and crafts sales of hand -made articles by an organized guild, association, or club on an occasional basis (Zone 1, 2, 3). 10. Sales or exhibits by individual artists or artisans and food vending on a temporary basis for special events (Zone 1, 2, 3). 11. Events of an educational or entertainment nature. -3- YY Ord. No. 78-2894 Usable Area Zone 1 - Permits may be issued for any part of Zone 1. Build- ing extensions shall only be allowed where, in the judge- ment of the City Council, such extensions enhance the quality of City Plaza. Zone 2 - The usable areas are as shown on the attached Plaza Diagrams. Zone 3 - The usable areas are as shown on the attached Plaza Diagrams. Plaza landscaping may be modified or removed to a limited extent, if the net effect enhances the ambience of the City Plaza and if approved as part of the permit application. The applicant in such cases must agree to restore the Plaza landscaping to its original condition upon termination of the permit and provide a bond or escrow account in an amount determined by the City. Days and Hours of Operation: Kiosks and buildings extended into the City Plaza are to be open at least during normal retail business hours, Monday through Saturday, throughout the year. Sidewalk cafes, seasonal kiosks and mobile carts may operate seasonally, but must at least be in operation substantially during normal retail business hours, Monday through Saturday, May 1 to October 1. Other months of operation may be granted by permit for seasonal kiosks and mobile carts when the product is related to another season. Noise Control: Any request for the use of sound must be specifically approved and may be permitted only if it will encourage an audio ambience within the City Plaza, while at the same time protecting the general public from an overload, volume, or type of sound that is disturbing or inappropriate for a pedestrian area. Insurance and Indemnification: The applicant shall agree to indemnify, defend and save harmless the City of Iowa City, its agents, officers, and employees, from and against all claims, damages, losses and expenses in any manner resulting from, arising out of or connected with the construction, use, maintenance or removal of any structure, cart or use. The applicant shall at all times maintain a policy of liability insurance in the minimum amount of $300,000 for personal injuries, and $50,000 for property damage arising out of the permitted operation. The applicant shall file, in the office of the City Clerk, a copy of the liability insurance policy executed by a company authorized to do insurance business in the State of Iowa in a form approved by the City Clerk. The policy shall further provide thirty (30) days notice of cancellation or material change to the City Clerk. Such cancellation or change without written approval shall revoke the permit or lease. -4- M Ord. No. 78-2894 F. Performance Time Limits: Sidewalk cafes, seasonal kiosks and mobile vending carts must a in operation within sixty (60) days of the start date provided for the permit, or the permit approval shall automatic- ally expire. Permanent kiosks and building extensions shall be com- pleted and in operation within such reasonable time as set in the permit, which shall in no event exceed one (1) year. G. Maintenance: The applicant is responsible for maintaining the area within and in proximity to his location in a clean and hazard -free condition, including snow removal for a distance of ten (10) feet from any structure occupied by the applicant. Supplementary trash containers must be provided if considered neces- sary and specified in the lease or permit. All landscaping provided by the applicant and the exterior of all structures, kiosks and carts must be maintained by the applicant in good condition. H. Illumination: Nighttime interior illumination of all building front and basement extensions, display window extensions, basement stair wells, and kiosks is required during hours of operation. I. Newspaper Vending Machines: Newspaper vending machines may be located on the Plaza at no charge, but must be installed only at the specific locations and in the manner specified by the City. J. Construction Costs: All costs of construction are to be paid by the applicant, including costs of damage or repair to the City Plaza caused by the construction. SECTION 8. CITY PLAZA USE PERMITS. A. Mobile Vendors: Specific locations have been designated within the boundries of City Plaza for the operation of mobile vending carts. Each mobile vending permit shall carry with it the authorization to operate at two (2) designated locations, between which the vendor shall circulate frequently. The vendor may sell in transit if a request is made, provided the primary trade shall be conducted at one of the designated locations. The City Manager or his/her appointed designee may issue a permit to operate a mobile vending cart in the public right-of-way of City Plaza after careful consideration and assurance that the following condi- tions have or will be met: 1. An authorized designated mobile vending location is available which will not interfere with the operation of an existing mobile vendor. 2. The applicant's proposed mode of operation will not impede the free flow of pedestrian traffic along the City Plaza right-of- way, or in and out of retail establishments fronting on the Plaza. -5- Ord. No. 78-2894 3. The applicant agrees to operate his/her business only within the boundaries of City Plaza and only at designated mobile vending locations, or in transit between them. 4. The dimensions of the applicant's vending cart shall not exceed a size of four (4) feet wide by eight (8) feet long by six (6) feet high. 5. The applicant shall store the vending cart off the public right- of-way and shall describe the provisions for storage in the permit application. 6. The applicant has obtained all necessary permits required by the Johnson County Department of Health. The sale or assignment of a mobile vending permit for City Plaza is expressly prohibited. B. Ambulatory Vendors. The City Manager or his/her appointed designee may issue a permit for the purposes of ambulatory vending in the public right-of-way of City Plaza after careful consideration of the applicant's proposed business, and assurance that the following conditions have or will be met: 1. The applicant will operate without the use of a mobile vending cart, and with a minimum of equipment. 2. The applicant's proposed mode of operation will not impede the free flow of pedestrian traffic along the City Plaza right-of- way, or in and out of retail establishments fronting on the Plaza. 3. The applicant will conduct his/her vending completely within the boundaries of City Plaza. 4. The applicant has obtained all necessary permits required by the Johnson County Department of Health. The sale or assignment of an ambulatory vending permit for City Plaza is expressly prohibited. C. Permanent Nd Temporary Structures. The City Manager, upon approval of City Council, may enter into an agreement for the lease of public right-of-way in the City Plaza for the construction of a permanent structure at a site designated for a Kiosk, or as an addition to an existing store front, or for the temporary or seasonal use of Zone 1 by the owner or operator of abutting property. Said lease shall only be entered into after careful consideration and assurance that the following conditions have or will be met. am Ord. No. 78-2894 Building Design: a. Additions to buildings shall in scale and design be harmon- ious with permanent neighboring structures and with the City Plaza. b. Materials shall be suitable for the style and design of buildings in which they are used. C. Materials which are architecturally harmonious shall be used for all building walls and other exterior building compon- ents wholly or partly visible from public ways. d. Selection of materials shall be guided by the following: (1) Harmony with adjoining buildings; (2) Relationship to the brick and wood theme of City Plaza (3) Materials shall be of durable quality. e. Building Components - such as windows, doors, eaves, and parapets - shall have good proportions and relationship to one another. f. Colors shall be selected for their harmony and/or ability to compliment the color scheme of the City Plaza. Bright or brillant colors shall be used only for accent. g. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from public view with materials harmonious with the building, or they shall be located so as not to be visible from any public ways. h. Exterior lighting shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with building design. Si ns: a. All signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design, and shall be compatible with signs on adjoining buildings. b. Materials used in signs shall have good architectural character and be harmonious with building design and the materials used in the City Plaza. C. Every sign shall in scale and in proportion express an appropriate visual relationship to buildings and surroundings. d. Colors shall be used harmoniously and with restraint. Excessive brightness and brillant colors shall be avoided. Lighting shall be harmonious with the design. If external spot lighting is used, it shall be arranged so that the light source is shielded from view. 3. Additional Criteria: The Design Review Committee may, from time to time, formulate additional design criteria for the review of proposed construc- tion pursuant to this ordinance. Such criteria shall become effective only when adopted by the City Council by resolution. -7- ��Z Ord. No. 78-2894 No building permit for the construction of any temporary or per- manent structure, or for any building extension, to be con- structed pursuant to this ordinance, shall be issued until plans for said construction have been reviewed by the Design Review Committee and approved by the City Council. The Design Review Committee shall, within thirty (30) days of receipt of said plans, review the plans and advise approval, approval with conditions, or disapproval in a written report forwarded to the City Council and the applicant. If the Design Review Committee recommends approval with conditions, it shall require the af- firmative vote of five (5) members of the City Council to con- stitute City Council approval pursuant to this section unless such conditions are met; and if the Design Review Committee recommends disapproval, it shall require the affirmative vote of five (5) members of the City Council to constitute City Council approval pursuant to this section. SECTION 9. APPLICATION PROCEDURES. A. In order to obtain a permit pursuant to this Chapter, the applicant shall file an application with the City Manager or his/her designee. In order to be considered, the application, and attachments, shall contain sufficient information to fully determine the intent of the applicant, and to insure full compliance with this Ordinance. The City Manager shall establish the requirements for applications and shall establish the procedures for review of all applications. Prior to the issuance of any permit or authorization of any lease which includes the construction of any improvements, the design of such improvements shall be submitted to the Design Review Committee for review. The Design Review Committee shall review the plans submitted, and shall make a written recommendation to the City Man- ager. In making its recommendations the Design Review Committee shall consider the criteria set forth in Section 8C of this Ordinance. C. In cases where there may be more than one application for a particular location, or the City Manager considers it in the public interest to solicit proposals, the City Manager shall establish such selection procedures as he/she deems fair, reasonable and appropriate. Applications for a change of use shall follow the same procedure and be subject to the same review and approval criteria as new applica- tions. SECTION 10. FEES. The City Council shall periodically review and revise, as appropriate, by Resolution, fees for the lease of property and for the issuance of permits authorized herein. SECTION 11. RENEWAL AND TERMINATION. A. Permits for permanent construction shall be for the term specified in the lease agreement, or until terminated or revoked by the City Manager pursuant to the lease agreement. in �Ir3 Ord. No. 78-2891 B. Other permits for specific locations are for one year, the renewable automatically for one additional year, provided the permittee operated at least three (3) months during the first year. C. Permits are non -transferable. Leases may be assigned or sublet only upon prior written approval of the City Council. D. Upon revocation or termination of any permit, the permittee shall be responsible for removing the structure and restoring the permit area to it condition prior to the issuance of the permit. SECTION 12. RELATIONSHIP TO OTHER ORDINANCES. If any provision of this Ordinance conflicts with any provision of other Ordinances, the more restrictive shall apply. SECTION 13. SAVINGS CLAUSE. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ad- judication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 14. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted this 16th day of May ATTEST: 1978. OHN BALMER, MAYOR PRO TEM ABBIE STOLFUS, CITY CVERK W 9y Ord. No. 78-2894 It was moved by Neuhauser , and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration May 2, 1978 Vote for passage: Ayes: deProsse, Erdahl, Neuhauser, Perret, Roberts. Nays: Vevera. Absent: Balmer. Second consideration May 9, 1978 Vote for passage: Ayes: Neuhauser, Perret, Roberts. deProsse, Erdahl. Nays: Vevera, Balmer. Date of Publication $ECEIVED & APPROVED ZZ UE LEGAL DEPARTMENT V A� - -10- ,3_ KA? CIVIC CENTER, 1101:. WASHINGTON5T. IOWA CITU, IOWA 52240 YY�0 v 91G.J614800 7� STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2895 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 30th day ofMay , 1978 all as the same appears of record in my office and published in the Press Citizen on the 5th day of June , 19 78 Dated at Iowa City, Iowa, this 21st day of July , 19 78 Abbie Stolfus, ity Clerk Printers fee E-! nL- ' CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper 440— tunes, on the following dates, Cashier Subscribed and sworn to before me this^' day of A.D. 19--V—. NO@ary PubllC �r � Nov3L➢1iJ yc MMTINA M. MEYEk ♦ ,s MY �pMMISSION EIIPIUE SEPTEMBER P 1979 OFFICIAL PUBLICATION ORDItMNCE N0. 7U-1896 ANORITI ERADI NINUtC M IJ&S K AND CoNDUCT.L1fi0 TO a IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA. SECTION I. PURPOSE. The purpose of this ordinance Is y ee; M9Pa tthe prov'. Bions Of the Indecent Expo54r!'9rdio,h a to prohibit public exposure of finale breasts and urination and defecRton in Folk. SECTION II. AMENDMENT. Section 7.02.5 of the Municipal Codef l Oows City is hereat' amended to recd as follows: Section 7.02.5. Ihdecant Exposure and Conduce. A. It 'Mil oe unlawful for d person to a11oN or parllit the exPosure of the genitals, *tocks,. female breasts or pubes of such Thenen to another not his Or her spouse, Or' to commlt a sex act i the Presences or view of another Person Incept A spouse- if: I. He or she dos so to arouse or satisfy the sexual desire of either Of then: and 2 He d' Bile kMws or reasonably should Knpi that his or her is offenalda to the viewer. B. ^sax Act" nKVIS any art, actual a simulated. which involves contact w'.1,human Or animal genitalia or the a This be such actsurbatie wouldinclude mascv Or slii.IN to inteMourse. ex C. It snail De unlawful for any person to urinate or defecate in or unpon any street, alley, yubill place, or in any place open to public view; Provided that this section shall not atPly td 'I" - ,AM, or Public faCilf las designated for such purpose - SECTION 111. P[PFA nl: Ordinance No. 75- :110 and all other Or motes or Parts of Or- d„s Ord i nanceare conflict with hereby ePeal ed-s,dns O1 SECTION N. SAVINGS COAUSE. In the event any %Octeon, prevlbY ano.Or rr-of this snall be dlud9ed cOurt oT f cdetint juriz- a diction t0 be invalid or unconstitutiMal, such of ugludication shall not affect the vol idle isionhor ordinance as a whole, or any section, pr part thereof tot adjudged invalid or unc0astitu- CiOPai. SECTION V. EFFECTIVE DATE. This OMiYuce swill be t after its in effecfinal poswge, ap- proval, and publication As required by lbssed and adopted this 30th day Of Nay, 1976. I/ RUHEHT A. VEVERA. MAYOR ATTEST:YABBIE STDLFUS, CITY CLERK June 10, 1978 ORDINANCE NO. 78-2896 AN ORDINANCE AMENDING ORDINANCE NO. 75-2760 TO PROHIBIT INDECENT EXPOSURE AND CONDUCT. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to expand the provisions of the�n�nt Exposure Ordinance to prohibit public exposure of female breasts and urination and defecation in public. SECTION II. AMENDMENT. Section 7.02.5 of the Municipal Code of Iowa City is hereby amended to read as follows: Section 7.02.5. Indecent Exposure and Conduct. A. It shall be unlawful for a person to allow or permit the exposure of the genitals, buttocks, female breasts or pubes of such person to another not his or her spouse, or to commit a sex act in the presences or view of another person except a spouse, if: 1. He or she does so to arouse or satisfy the sexual desire of either of them; and 2. He or she knows or reasonably should know that his or her act is offensive to the viewer. B. "Sex Act" means any act, actual or simulated, which involves contact with human or animal genitalia or the anus. This would include but not be limited to such acts as masturbation or sexual intercourse. C. It shall be unlawful for any person to urinate or defecate in or upon any street, alley, public place, or in any place open to public view; provided that this section shall not apply to restrooms or public facilities designated for such purpose. SECTION III. REPEALER. Ordinance No. 75-2760 and all other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SAVINGS CLAUSE. In the event any section, provision or part of this ordinance shall be adjudged by any court of competent jurisdiction 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 ordinance shall be in effect after its final passage, approval, and publication as required by law. Passed and adopted this 30th day of May , 1978• ROBERT A. VEVERA, MAYOR ATTEST: ABBIE STOLFUSa CITY CLERK Ord. No. 78-2896 Page 2 It was moved by Perret and seconded by Roberts , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration 5/16/78 Vote for passage: Ayes: Perret, Roberts, Balmer, deProsse Erdahl, Neuhauser. Nays: none. Absent: Vevera Second consideration 5/23/78 Vote for passage: Ayes: Vevera, Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera. Nays: none. Date of Publication B RT%z GAL DVAB�ONT X03 �• CIVIC CENTER, UO E. WASHINGTON ST. 0"61 K4r IOWA CITY, IOWA SYPIO ~ 719-3611800 STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2897 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 13th day of June , 1978 all as the same appears of record in my office and published in the Press Citizen on the 23rd day of June , 19 78 Dated at Iowa City, Iowa, this 21st day of July 19 78 A ie Stolfus, Cit Cler Printers fee $_#44yi CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper O�P times, on the following dates: Cashier Subscribed and sworn to before me this _L_. dayof A.D. 19p—. itm Public Noir• 1 e I I l MARTINA M MEYER y* MY COMMISSION EXPIRES ,paw SEPTEMBER 30, 1919 OFFICIAL PUBLICATION .ORDINANCE W. 78-28% AN ORO1NANCE AMENDING ZONING ORDINANCE f10. 2238 BY CHANIZING THE USE REGULATIONS Of CERTAIN PROPERTY ON THE NORTH SIDE OF )ORA:. CITY. ., BE IT ORDAINED B*IK CITY Cg4BILiOB$HE CITY OF I ORACITY, IOWA: SECTION 1. The properties described below are here. yb�-stifled frown their present classification upon the Zoning Map of the Eity of Iowa City, Iowa to their ftw•glasification as described herein, to Mit: v, . DESCRIMTTON OF TRACT Existing Zoni R" New Classification: RM Beginning at the center of the intersection of Du- buque St. amid Jefferson St. and proceeding easterly along the center line of Jefferson St. to the in- terseetion with the center line of Van Buren St; then proceeding northerly along the center line of Van Buren St. to the intarsectton with the center line Of alley between Jefferson St. and Market St,A then proceeding westerly along the center line of said al4ey to its intersection with the center line of Dubuque St.; then proceeding southerlyalong the center line of Dubuque St. to the point of begin- ' ni ng. h;. ri ng ZE-22: RJB New Cla.sihcation: RN Beginning It the intersection of the center line of Woo. St. antl the Center line of The alley be- tween Market St. and Bloomington St. and proceeding easterly slag the center line of said alleyto its intersectim with the center line of Linn St ; theme North along the center lire of Linn St. W its intersection with the center line of the alley between 810omington St. and Oavefport St.;.thefte east along the center line of said alley Ad its in, correction with the extension of the east lot lire of the lot directly north of said alley, east of Da- buque St. and aWttiN on Dupoi St.; theme north along said east lot line and the east lotlines of the subsequent lots east of Dubuque St. and aIe t - ting upon Dubuque St., across Davenport St. aM Fairchild St. and along said east lot lines as a.- tended W the intersection with the center line of Me aIle}between Fairchild St. aM Church 50.; thence west along the center line of said alley to its intersection with the center line of Dubuque St.; thence south along Me center line of Dubuque St. to the point of Winning. E�-lst_ih Z.,,n: R35 New CA kation: R3 ' Seglnnifg at the intersectign of the center line of Linn St. with the center line of the alley between Bloentngton St. and Davenport St. and proceeding north along the center It re of Linn St. to its in- tersection with the center line of Me alley be- tween Fairchild St. and Church St.; thence west along the center line of said alley to its inter- section with the extension of the east lot lire of lot 5. B)mk 11; thence south along said lot line, across Fairchild St. and along the east lot if nes of lots 4 and 5, Block 70, across Davenport St. and alma the east lot lines of Mose lots on Block 69 Which abut va WRUe St. to the intoirsection with the center line of the alley between Bloomington St. aM.Davemort St.; theme east along the cen- ter Itft of said alley to the point of beginning, Ex;satin Minim; Rill New Cla ss ificatlon: R3 Begipoifg at the intersection of the center line of Van Buren St, with the center )I. of the all ley between Jefferson St. and Market St. and pro- ceeding north along the center lift of Van Berea St. to its intersection with the center line of the alley between Blomnington St. and Davenport St.; .theme went aION the center line of said alley d Its intersection with the center line of Gilbert St.; thence south along the center line of Gilbert St, to its intersection with the center line of the alley between Jefferson St. am Market St.; Meme east aloft the center line sof said alley to the point of beginning. Fe. Jniny ifiCat: : Ntw Clers sista tion: R3 Beginning at the center of the intersection of Jef. ferz00 St. am Johnsen St, am p,mOAdfN all along the center lift of Jefferich St. to the in- tersection with the center lire of Desert, St.; theme north along the center line of Governor St. chi intersection wiM the center line of Market t.; thence most along the center It no of Market St. t0 the intersection with the center line of Locae St.; thence earth along the curter lire of Lucasx St. to the Jet .... Eticr with the Center line of the alley between Market St. and Bloomington St.s Ibeoce west almg the center lift of said alley to the intersection with the extension of the east 'lot line bf the lot directly north of said alley, east of Dodge St., and abutting Dodge St.; thence north along said subsequent east lot lifts Of the lots east of AM Abell,, upon Badge St., across Bid. ington St. amid continuing North aloft the east la. lines of the lots east of Dodge St. aM abutting Dodge St., aCMIS Davenport St. and continuing north across Fairchild St. and along said east lot lines to the intersection of the center line of the alley between Fairchild St. and church St.; thence most along the center line of said alley to the intersection of the west lot lines of lots 8 aNd 1 of Block 30; theme mrth along the west Joe' itpe of lot 1 of Block 30 across Church St., aid" the west lot line of lot 8 Bleck 31 M the inter, section of the center lift of the alley between Church St. and Ronalds St.; thence west along the enter line of said alley to the intersection with the no, t extension of the east -lot line of the lot directly south of said alley, east of DUWgwe St. and abutting m Dubuque St.; theme south along said east lot line am subsequent east lot lines of the lots on Block 12 abutting DuWmen St., a r ss Church St. and continuing south along the east lot 11ms of the lots on Block 11 abutting Dubuque St. to the intersection with the center line of the alley between Fairchild St. and Church St.; theme east along the center line of Bald alley to its intersection with the center line of Linn SL; thence south along the center Jim of Linn Soto its intersection with the center, lire of the alley Mtwnen Davenport St. am Bloomington St.; thence a along the toner lire of said alley to its intersection with the center lire of rn Buren St ; trance loathalong the center line I Barer 5+, to its Interact/on with the former lire cf the alley hntwee4 Market St. and JeffersonS1.; thence Past aTohl�p the center line of Said alley to it, tntersectiyi with the Center line of Johnson St.; thence south along the center lige of Johnson St. to the pointi.. of beginning. 4is1 ZnnR38 : tltrgs; itatien: R3 Beginning At the intersection ot,tM center Iron of Jefferson St. with, the center l of Johnson St. aM proceeding .,in along the center line of John- son St. to its Intersection with the center line of the alley between Jefferson St. and Market St. as extended; thence west along the center line of said alley A, extended ..... x.the block on which Central r High San.) is located to the intersection with the center line of Van Buren St.; thence south along the center Ilse of Van Buren SL to Its inter- section with the center line of Jefferson St.; [hence east along the center It,. of Jefferson It. to the point of beginning. E_xistl na 2onl: RM lfi Xew Cl as scation: R2 Beginning at the intersection of the center line of Van Buren St. aM the center lift of the alley be- tiJwe�ce Church St. and Ronalds St, and proceeding east a ION the center line of sa to alley, to the inter_ $#Alton with the south extension of the east let line of lot 4. Block 13; Match north along said east lot 11 he of lot 4, Block 13 across Rona Ids St. and continuing north al ON the east lot line o/ lot 5, Block 12 as extended to the intersection with the cP ,for line of the alley between sonans St. and 0r a H, :t.; thence west along The center line of said alley to its Internet tion with Ire south e.tension of the east let line of let 3 Block 13; theme north along the east lot line of lot 3, Block 13 to its intersection with the ' enter line of Bronx St.; thence west along the center line of Brown St. to the intersection with the north extension of the west lot line of lot 3, Block 13; theme south along said west lot line of lot 3, Block 13 and continuing south along the east lot Ilnet of the two lots south of the alley between Ronald. St. AM Brown St. which Out Oo- buque St., acres, Rom ids St. And along the east lot line of the lot directly south of Ronalds St. which abuts Dubuque St. to the intersection with the center lire of the alley between Church `t, and Ronalds St,; thence east alvg the center line of said alley to the point of begian mi, SECTION 2. The buildiN inspector Is hereby auth- prUid—a'M directed to change the Zoning Map of the City of Iowa city. Iowa, to conform to this amendment upon the final passage, approval and publication Of this Gfoi ft nce az provided by law. SCCTIDN 3. The City Clerk Is Mraby authorized e tientted to certify a cop. of this Ordinance to the County Recorder o/ Johnson bounty, Iowa, . upon final past age, approval and publication as p rpNided DY law. Dass ed and approvM thif 3011, day of May, 1928. I, ATTEST; June S, 1918 ORDINANCE NO. 78-2895 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY ON THE NORTH SIDE OF IOWA CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. The properties described below are here- by reclassified from their present classification upon the Zoning Map of the City of Iowa City, Iowa to their new classification as described herein, to wit: DESCRIPTION OF TRACT Existin Zoning; R3B New Classification: 113A Beginning at the center of the intersection of Du- buque St. and Jefferson St. and proceeding easterly along the center line of Jefferson St. to the in- tersection with the center line of Van Buren St; then proceeding northerly along the center line of Van Buren St. to the intersection with the center line of alley between Jefferson St. and Market St.; then proceeding westerly along the center line of said alley to its intersection with the center line of Dubuque St.; then proceeding southerly along the center line of Dubuque St. to the point of begin- ning. EExxisttiingZonin : R3B eN W Class ication: R3A Beginning at the intersection of the center line of Dubuque St. and the center line of the alley be- tween Market St. and Bloomington St. and proceeding easterly along the center line of said alley to its intersection with the center line of Linn St.; thence north along the center line of Linn St. to its intersection with the center line of the alley between Bloomington St. and Davenport St.; thence east along the center line of said alley to its in- tersection with the extension of the east lot line of the lot directly north of said alley, east of Du- buque St. and abutting on Dubuque St.; thence north along said east lot line and the east lot lines of the subsequent lots east of Dubuque St. and abut- ting upon Dubuque St., across Davenport St. and 76 Ord. No. 78-2895 Fairchild St. and along said east lot lines as ex - Page 2 tended to the intersection with the center line of the alley between Fairchild St. and Church St.; thence west along the center line of said alley to its intersection with the center line of Dubuque St.; thence south along the center line of Dubuque St. to the point of beginning. Existin Zoning: R3B Nesification: R3 Beginning at the intersection of the center line of Linn St. with the center line of the alley between Bloomington St. and Davenport St. and proceeding north along the center line of Linn St. to its in- tersection with the center line of the alley be- tween Fairchild St. and Church St.; thence west along the center line of said alley to its inter- section with the extension of the east lot line of lot 5, Block 71; thence south along said lot line, across Fairchild St. and along the east lot lines of lots 4 and 5, Block 70, across Davenport St. and along the east lot lines of those lots on Block 69 which abut Dubuque St. to the intersection with the center line of the alley between Bloomington St. and Davenport St.; thence east along the cen- ter line of said alley to the point of beginning. Existin Zoning: R3B New C assification: R3 Beginning at the intersection of the center line of Van Buren St. with the center line of the al- ley between Jefferson St. and Market St. and pro- ceeding north along the center line of Van Buren St. to its intersection with the center line of the alley between Bloomington St. and Davenport St.; thence west along the center line of said alley to its intersection with the center line of Gilbert St.; thence south along the center line of Gilbert St. to its intersection with the center line of the alley between Jefferson St. and Market St.; thence east along the center line of said alley to the point of beginning. Existin Zonin R3A ew C assification: R3 Beginning at the center of the intersection of Jef- ferson St. and Johnson St. and proceeding east along the center line of Jefferson St. to the in- tersection with the center line of Governor St.; thence north along the center line of Governor St. s7 Ord. No. 78-2895 to the intersection with the center line of Market Page 3 St.; thence west along the center line of Market St. to the intersection with the center line of Lucas St.; thence north along the center line of Lucas St. to the intersection with the center line of the alley between Market St. and Bloomington St.; thence west along the center line of said alley to the intersection with the extension of the east lot line of the lot directly north of said alley, east of Dodge St., and abutting Dodge St.; thence north along said subsequent east lot lines of the lots east of and abutting upon Dodge St., across Bloom- ington St. and continuing north along the east lot lines of the lots east of Dodge St. and abutting Dodge St., across Davenport St. and continuing north across Fairchild St. and along said east lot lines to the intersection of the center line of the alley between Fairchild St. and Church St.; thence west along the center line of said alley to the intersection of the west lot lines of lots 8 and 1 of Block 30; thence north along the west lot line of lot 1 of Block 30 across Church St., along the west lot line of lot 8 Block 31 to the inter- section of the center line of the alley between Church St. and Ronalds St.; thence west along the center line of said alley to the intersection with the north extension of the east lot line of the lot directly south of said alley, east of Dubuque St. and abutting on Dubuque St.; thence south along said east lot line and subsequent east lot lines of the lots on Block 72 abutting Dubuque St., across Church St. and continuing south along the east lot lines of the lots on Block 71 abutting Dubuque St. to the intersection with the center line of the alley between Fairchild St. and Church St.; thence east along the center line of said alley to its intersection with the center line of Linn St.; thence south along the center line of Linn St. to its intersection with the center line of the alley between Davenport St. and Bloomington St.; thence east along the center line of said alley to its intersection with the center line of Van Buren St.; thence south along the center line of Van Buren St. to its intersection with the center line of the alley between Market St. and Jefferson St.; thence east along the center line of said alley to its intersection with the center line of Johnson St.; thence south along the center line of Johnson St. to the point of beginning. Existing Zoning: R3B New Classification: R3 Beginning at the intersection of the center line of Jefferson St. with the center line of Johnson St. Ord. No. 78-2895 and proceeding north along the center line of John - Page 4 son St. to its intersection with the center line of the alley between Jefferson St. and Market St. as extended; thence west along the center line of said alley as extended across the block on which Central Junior High School is located to the intersection with the center line of Van Buren St.; thence south along the center line of Van Buren St. to its inter- section with the center line of Jefferson St.; thence east along the center line of Jefferson St. to the point of beginning. E_xi�stins 12 in,: R3A New Mass fi ication: R2 Beginning at the intersection of the center line of Van Buren St. and the center line of the alley be- tween Church St. and Ronalds St. and proceeding east along the center line of said alley to the inter- section with the south extension of the east lot line of lot 4, Block 13; thence north along said east lot line of lot 4, Block 13 across Ronalds St. and continuing north along the east lot line of lot 5, Block 12 as extended to the intersection with the center line of the alley between Ronalds St. and Brown St.; thence west along the center line of said alley to its intersection with the south extension of the east lot line of lot 3, Block 73; thence north along the east lot line of lot 3, Block 73 to its intersection with the center line of Brown St.; thence west along the center line of Brown St. to the intersection with the north extension of the west lot line of lot 3, Block 73; thence south along said west lot line of lot 3, Block 73 and continuing south along the east lot lines of the two lots south of the alley between Ronalds St. and Brown St. which abut Du- buque St., across Ronalds St. and along the east lot line of the lot directly south of Ronalds St. which abuts Dubuque St. to the intersection with the center line of the alley between Church St. and Ronalds St.; thence east along the center line of said alley to the point of beginning. Ord. No. 78-2895 SECTION 2. The building inspector is hereby auth- Page 5 oriz�nd directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION 3. 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, approval and publication as provided by law. Passed and approved this MAYOR ATTEST: / CLERK /Q 0 Ord. No. 78-2895 It was moved by Neuhauser and Page 6 seconded by Perret that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera First consideration Moved by Roberts, seconded by Neuhauser, Vote for passage: that the rule requiring ordinances to be considered and voted on for passage at Second consideration two Council meetings prior to the meeting Vote for passage: at which it is to be finally passed be suspended, the first and second considera- tion and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse. Nays: none. Absent: Erdahl. 11ECEIVED & APPROVED IM SEE LEGAL DEPARTIMIr e_ f' - ;2r -pr /9/C__ /�l �•'//yJ,'/ `/may/J//�/ CIVIC CENTER, WASHINGTON ST. !%1� W IOWA CI ITU. OWA 5220 J10.3641800 STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2896 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 30th day of May , 19 78, all as the same appears of record in my office and published in the Press Citizen on the 10th day of June , 1978_ Dated at Iowa City, Iowa, this 21st day of July 19 78 Abbie Stol us, C ty Clerk Printers fee E—Izq— CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, 88: THE IOWA CITY pRESSLITIZEN 1, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper 1_122(p_ tunes, on the following dates: Subscribed and sworn to before me day of A.D. 19—�a_—• N public NoiXlolll o 'ate MARTINA M MEYER MY COMMISSION EXPIRES * * SEPTEMBER 30, 1919 Adan. OFFICIAL FUBLICILTION /,.: ERDINAXCE N0. 38-2B9Y •AM ORDINANCE ESTABLISHING A DUNNED ja t A2EA DEVELOPMENT IN JUA CITY. lOYP BE IT ENACiW Bt TNF CITY COUNCIL 9E IOIU CITN, IOWA; T 2 PUNDA p The area de of this Ord nacCet 15 rove a D armed area develoo Ey'dinance .;K p Jona city. Im , pursuant to O d pj;;e yat Me SE corner of the XMh or x[i on.11 n9N. R6N of the th P.M..: 0 as os.wN peering of S 89� 59' O.4 Y• as p3 tePteraine of Rtchaster Ave. 165.01 M1.: nerve W N 0 ' 52" Y. 33.W ft. to the point '(�[$.yinnln9 Mhidh point is on Ne north rIght- d,q line of Nochester Ave.: Mann N B9 59' Id' F 99.04 ft. an Me north right-of-way line �Jbchester Ave.: thence northerly 23.05 ft. eaaa'15.00 te.ir which UoedsklWpgurve oNn45ne1?th- 13 and chord It '"0"is 21.13 ft.): bh 1. W 1. 25' 18- E, 209.15 f0.:p heoceBS y9 20 04 1t. td.93 ft.; thence 5 0 25 ya„tfe-point of ,n'in9• Said tract can - q 0.63 at". (NN carne, of Rochester Ave. 6 Seventh Ave.) Hickory Corner Subd. nt in hereby approved as planned te,ttaa eeee,o� as set I, City of Ione city• love, art, to the plans for said 'are ,!d intthe he office I the City Clark of law City, ay of aril ON III BIIC --Olaf' Ntl� the 8ui Wilding inspec- or s re y au % an directed Masa eaam Is, basis of conformance ' CT10N 1V F1-INc. be City Clerk of Io'ea City is pre Y au ori and directed 0 file MCN the iffire of the County Ncorder. ,IMimon County. lode, i copy nal LprovalaM fl ob itatiion as D vldMS4 lu" £CTI°N V EFFECTIVE OPTE. Thior ddSroMe sMil he passage, approval and Subl -canon as rewired by Tau. E - '..11 � essM N dand approved this 130 day. 23, IM ORDINANCE NO. 78-2897 AN ORDINANCE ESTABLISHING A PLANNED AREA DEVELOPMENT IN IOWA CITY, IOWA BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I PURPOSE. The is to approve a planned City of Iowa City, Iowa, #2446. SECTION II APPROVAL. purpose of this Ordinance area development in the pursuant to Ordinance Commencing at the SE corner of the NW; of Section 11, T79N, R6W of the 8th P.M.; thence on as assumed bearing of S 89 59' 08" W, on the centerline of Rochester Ave. 165.41 ft.; thence N 0 00' 52" W, 33.00 ft. to the point of beginning which point is on the north right- of-way line of Rochester Ave.; thence N 89 59' 08" E 90.04 ft. on the north right-of-way line of Rochester Ave.; thence northerly 23.45 ft. on a 15.00 foot radius curve conca8e north- westerly (which chord bearing N 45 12' 13" 91 and chord distance is 21.13 ft.); thence N 0 25' 18" E, 249.15 ft.; thence S 89 59' 08" W, 104.93 ft.; thence S 0° 25' 18" W, 264.04 ft. to the point of beginning. Said tract con- taining 0.63 acres. (NW corner of Rochester Ave. & Seventh Ave.) Hickory Corner Subd. is hereby approved as planned area development in the City of Iowa City, Iowa, to be developed as set forth in the plans for said area filed in the Office of the City Clerk of Iowa City, Iowa, on the 28th day of April , 1978 . SECTION III BUILDING PERMITS. The Building Inspec- tor is hereby authorized and directed to issue all building and construction permits for said area on the basis of conformance with said plan. SECTION IV FILING. The City Clerk of Iowa City is hereby authorized and directed to file with the Office of the County Recorder, Johnson County, Iowa, a copy of this Ordinance after its final passage, approval and publication as provided by law. SECTION V EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. f:11i*1m Passed and approved this 13th day of June, 1978 Received & Approved By The Legal epartmenf a - /a y i Ordinance No. 78-2897 Page It was moved by Neuhauser and seconded by Balmer—that the Ordinance be adopted, an upon rollcal there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration: Moved by Neuhauser, seconded by Balmer, Vote for passage: that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting 2nd consideration: at which it is to be finally passed be Vote for passage: suspended, the first and second considera- tion and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse. Nays: none. /e% ' �• /ny%///�''/ CIVIC CENTER, CITY. I WASHINGTON ST. Q" V 6~� KA r IOWA CITY. IOWA SYYIO 9I6 964-IS00 STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2898 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 13th day of June , 19 78 , all as the same appears of record my office and publishedin the Press Citizen on the 23rd day of June , 19 78 Dated at Iowa City, Iowa, this 21st day of 19 78 July I A ie Stolfus, City�-. F rinters fee $ E OF PUBLICATION WA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper _ jj/L times, on the following dates: !4prCas;Ler Subscribed and sworn to before me this 21— day day of a-- - A.D.1917 , No ry Public No.Z l e l I I "t MARTINA M. MEYER MY COMM" on= laN SEMMW 30, IM ORDINANCE NO. 76-28" AN ORDINANCE AMEND INC, ZONING ORDI NANCE 2139 BY CHANGING OF CERTAIN EPROPERTY FROM REGULATIONS USE C2 TO CBS ZONE BE 17 ORDAINED BY THE CITY COUNCIL '$ THE CITY OF IOWA CITY, IOWA' Section 1. The property described below 1 tereby reclpssiIS lied from its D lassi(icatlon OT C2 Zone and the boundaries of CBS Zone as indicated upon the Zoning Map Of Inof , enlarged to clude theo following provemy. to wit. A parcel of land In Block 1. Berryhlll and Pierce's Addition and in Lots S. 9 and 10, Lyman Cook's Subdivision of Out Lot 25, all in Iowa City: Johnii0m County, to ^i,an�r ase line od as ilows l Gilbert Beginning at a Po Street 12 feet southeasterly from as measured at right angles to the centerline of the Old Elmira Main Track and south leg of the Chicago, Rock Island am Pacific Railroad Company's Wye Track No. 7 as ,low located; thence northeasterly parallel with and 12 feet southeasterly of "to Track No. 7 t0 Its intersection with a line 12 feet southeasterly of as measured at right angles to the centerline of the Chicago. Rock Island and Pacific Railroad Company's Spur Track No. 4; thence northeasterly parallel with and 12 feet southeasterly of said Track NoA. to a point on the west line of van Buren Street, thence nor therly along the westline of Van Buren Street to Its intersection with a line 20 feet northeasterly from as measured at right angles to the cen terline of the Chicago. Rock Island and Pacific Railroad Company's northerly Wye track; thence northwesterly parallel with and 20 feet northeasterly of saitl wye track to a point on the north line of said Lot 9; thence westerly along the north line Of said Lot 9 to the northwest corner of said Lot 9; thence southerly along lime west line Of said Lot 9 to a point On the north line of said Lot 5 extended; thence westerly along the north Ilea Of Said Lot 5 extended and the north line of said Lot 5 to a point an the east Ilne of Gilbert Street; thence southerly along Jim east line of Gilbert .Street to the point of beginning. And, Commencing at the Southwest corner of Lot 6, Block 1, Pierce and Berryhill's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence north along the east line Of Gilbert Street w feet to the south right of way line of the Chicago, Rock Island 6 Pacific Railroad Company right of way, thence northeasterly along the south right of way line On a line 25 feet Perpendicular to and parallel b the centerline of said railroad track to its point of intersection with the west wing abutment of the bridge located on the west side of van Buren Street in Iowa City, Iowa. over Ralston Creek, which point is W feet north and 25.2 feet west of the southeast corner of LOtI in Said Block 1, thence Will westerly to a point On the south line of said Lot 6. 41 feet east of the point of beginning, thence west 41 feet to the point of beginning. Except that portion lying southerly of a line parallel with, and measured In a southerly direction, twenty five feet perpendicular to the northerly line of Said Lot 9 antl Said northerly line extended easterly. (412 S. Gilbert St.) as requested by Gary Abrams, Section 2. The building inspecter, is harebv aulhorized and directed to change the Zoning Map of the City of Iowa CRY. Iowa to conform 10 this amendment upon the f final passage, approval and public" of this otVMance as provided by law. Section 3. the Ci}y Clerkis hereby auttiOr lied antl directed to certify a copyot this Ordinance to The County Recorder of Johnson Count Y• Iowa. upon lima, passage, approval and WDhcation as provided by I�w Passed and approved this 17th days of June. 1978. s Robert A. Vevera Mayor ATTEST: s Abbie Stolfus CITY CLERK June 71.1978 4; ORDINANCE NO. 78-2898 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM C2 TO CBS ZONE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of C2 Zone and the boundaries of CBS _Zme as indicated upon the Zoning Map of t e Citi t o Iowa City, Iowa, shall be enlarged to include the following property, to -wit: A parcel of land in Block I, Berryhill and Pierce's Addition and in Lots 5, 9 and 10, Lyman Cook's Subdivision of Out Lot 25, all in Iowa City; Johnson County, Iowa, described as follows: And, Beginning at a point on the east line of Gilbert Street 12 feet south- easterly from as measured at right angles to the centerline of the Old Elmira Main Track and south leg of the Chicago, Rock Island and Pacific Railroad Company's Wye Track No. 7 as now located; thence northeasterly parallel with and 12 feet southeasterly of said Track No. 7 to its inter- section with a line 12 feet southeasterly of as measured at right angles to the centerline of the Chicago, Rock Island and Pacific Railroad Com- pany's Spur Track No. 4; thence northeasterly parallel with and 12 feet southeasterly of said Track No. 4 to a point on the west line of Van Buren Street; thence northerly along the west line of Van Buren Street to its intersection with a line 20 feet northeasterly from as measured at right angles to the centerline of the Chicago, Rock Island and Pacific Railroad Company's northerly wye track; thence northwesterly parallel with and 20 feet northeasterly of said wye track to a point on the north line of said Lot 9; thence westerly along the north line of said Lot 9 to the north- west corner of said Lot 9; thence southerly along the west line of said Lot 9 to a point on the north line of said Lot 5 extended; thence west- erly along the north line of said Lot 5 extended and the north line of said Lot 5 to a point on the east line of Gilbert Street; thence south- erly along the east line of Gilbert Street to the point of beginning. Commencing at the southwest corner of Lot 6, Block 1, Pierce and Berry - hill's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence north along the east line of Gilbert Street 92 feet to the south right of way line of the Chicago, Rock Island b Pacific Railroad Company right of way, thence northeasterly along the south right of way line on a line 25 feet perpendicular to and parallel to the centerline of said railroad track to its point of intersection with the west wing abutment of the bridge located on the west side of Van Buren Street in Iowa City, Iowa, over Ralston Creek, which point is 30 feet north and 25.2 feet west of the southeast corner of Lot 1 in said Block 1, thence southwesterly to a point on the south line of said Lot 6, 41 feet east of the point of beginning, thence west 41 feet to the point of beginning. Received & Approved By The Le al Department y-_ /06 Ordinance No. 78-2898 Page 2 Except that portion lying southerly*of a line parallel with, and measured in a southerly direction, twenty-five feet,perpendicular to the northerly line of said Lot 9 and said northerly, line extended easterly. (412 S. Gilbert St.) as requested by Gary Abrams. Section 2. The building inspector is hereby author- ized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by, law. Passed and approved this 13th day off /JJun�e% 197$. YOR ATTEST: CITY CLERK /f 9 Ordinance No. 78-2898 Page:3 It was moved by Balmer and seconded by Erdahl , that the r nance be adopted, an upon rollca there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration: 6/6/78 Vote for passage:— yew -Balmer, deProsse, Erdahl, Roberts, Vevera. Nays: Perret. Absent: Neuhauser. 2nd consideration: Moved by Balmer, seconded by Neuhauser, Vote for passage: 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 second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Roberts, Vevera, Balmer, deProsse, Erdahl, Neuhauser. Nays: Perret. /o g K4�/ CIVIC CENTER. UO E. WA 52240 NST. rowA an. iowA szx�o 6�1 '►� w ���/// ]IY-7N-1100 STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2899 which was passed by the City Council of Iowa City, Iowa -ata regular meeting held on the 13th day of June , 19 78 all as the same appears of record in my office and published in the Press Citizen on the 23rd day of June , 19 78 Dated at Iowa City, Iowa, this 21st day of July , 19 78 Abbie Stolfus, City ler Printers fee $ 1 1 1— CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESSC TIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper _ __— times, on the following dat ' a� Cashier Subscribed and sworn to before me this jL day of In� Notary Public Notlbiat WMARTtNA M. MEYERY COMMISSIONExPIRESEPTEMBER 30, 1979 OFFICIAL PUBLICATION ORDINANCE N0. M26" AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY F ROM C7 TO CBS ZONE BE IT OROhMED BY THE CITY COUNCIL OF TH€ C7Tn(-OF IOWA CITY.IOWA: Section 1. The property described below is hereby reclassifled from its present classification of C2 Zone and•the boundaries of CBS Zone as indicated upon the Zoning Map of the City Of Iowa City. Iowa, shall he enlarged to include the following property. towit- A pprcel'of land in Block 1, Berryhlll and Plercd's Addition and in Lots 5, 9, and 10, Lyman Cook's Subdivision of Out Lot 25, all in Iowa City; Johnson County, Iowa, described as follows: Beginning at a point on the east line W Gilbert Street 12 feet southeasterly from as measured at right angles to the centerline of the Oe Elmira Main Track aM south log of the Chicago, Rock Island and Pacific Railroad Company's Wye Track No. 7 as now located; thence northeasterly parallel with am 12 feet southeasterly of saitl Track No. 7 to Its. Intersection with a line 12 feet southeasterly of as measured at right angles to the centerline Of the Chicago. Rock Island and Pa0lfir Railroad Company's Spur Track Noa; inane northeasterly parallel with and 12 feet southeasterly of said Track No. a to a point on the west line of Van Buren Street; thence northerly along the west line of Van Buren Street to is mtersection witip a line 20 feet northeasterly from as measured at{{Ight angles to the centerline of the Chicago, Rock Island and Pacific Railroad Company's northerly wye track; thence nor N1wesleriy parallel with and 20 feet northeasterly M said wye track to a point on the north line Of Mid Lot 9; thence westerly along the north line of mid Lot 9 to the northwest corner of said LW 9: thence southerly along The west line of said lot 9 to a point on the north line of said Lot 5 extender; thence westerly along the north line of said Lot 5 extended and the north line of said Lot 5 to a Point on the east line of Gilbert Street; thence southerly along the east line of Gilbert Street to the point of beginning. And. commencing at The southwest corner of Lot 6, '910ck 1, Pierce and Berryflors Addition to Iowa City, Iowa, according 10 the recorded plat /MBreof. thence north along the east line of Bi bent Street 92 feet to the south right Of way line Of the Chicago, Rock Island 8. Pacing RaiirOad Company right of way. thence northeasterly along the south right of way line on a line 25 feef perpendicular M and parallel tot" centerline of said railroad track to its mint „of intersectIon with the west wing abutmMi' of the bridge located on the wept sidR of Van Buren $treat in towaCity, Iowa, 6Ver Ralston Creek, which mint Is 30 feet north and 25.2 feet west Of the southeast corner of Lot 1 in said Block 1, thence south westerlY to a point on the south line of said Lot 6, OFFICIAL PUBLICATION Il feet east Of the Point Of beginning, thence west Al feet to the point of beginning. Except that portion lying northerly Of a line .. parallel with and measured in. a . southerly birechon, twenty'flve feet perpendicular to the northerly lineof said Lot9 and saitl northerly line extended eagerly. AND CCEPT THAT PORTION LYING SOU LNE RLY OF THE FOLLOWING DESCRIBED LINE. Commencing at the northwesterly corner of Lot 7 of Said Block 1; thence sputherly sixteen feet along the westerly line of Sgip Lot 7 to the point of beginning: thence easter sixty five feet along a line parallel with the northerly line of said Lott to a Point thence'southeasterly to a point on the southeasterly boui,toary line of the above described parcel of land; said point being ole hundred twenty fl* feet frfxm the sodtherly Ike of Lot 6 of said Block I as measured alone said southeasterly boundary line. f408 S. Gilbert St.l as requested by Sam Abrams. Section 2. 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.Oassage, adproval and publication of this OrdinancelsyrOvidsd by law. Section 3. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to Me County Recorder of Johnson County, Iowa, upon final passage, approval and Publication as provided by law. Passed and approved this 1311, day of June. 1978. S ROBERT A. VEVERA Mayor ATTEST s ABBIE STOLFUS City Clerk June 23. 1978 L ORDINANCE NO. 78-2899 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM C2 TO CBS ZONE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of C2 Zone and the boundaries of CBS Zone as indT3—upon the Zoning Map of the City- oo Iowa City, Iowa, shall be enlarged to include the following property, to -wit: A parcel of land in Block 1, Berryhill and Pierce's Addition and in Lots 5, 9 and 10, Lyman Cook's Subdivision of Out Lot 25, all in Iowa City; Johnson County, Iowa, described as follows: And, Beginning at a point on the east line of Gilbert Street 12 feet south- easterly from as measured at right angles to the centerline of the Old Elmira Main Track and south leg of the Chicago, Rock Island and Pacific Railroad Company's Wye Track No. 7 as now located; thence northeasterly parallel with and 12 feet southeasterly of said Track No. 7 to its inter- section with a line 12 feet southeasterly of as measured at right angles to the centerline of the Chicago, Rock Island and Pacific Railroad Com- pany's Spur Track No. 4; thence northeasterly parallel with and 12 feet southeasterly of said Track No. 4 to a point on the west line of Van Buren Street; thence northerly along the west line of Van Buren Street to its intersection with a line 20 feet northeasterly from as measured at right angles to the centerline of the Chicago, Rock Island and Pacific Railroad Company's northerly wye track; thence northwesterly parallel with and 20 feet northeasterly of said wye track to a point on the north line of said Lot 9; thence westerly along the north line of said Lot 9 to the north- west corner of said Lot 9; thence southerly along the west line of said Lot -9 to a point on the north line of said Lot 5 extended; thence west- erly a'long the north line of said Lot 5 extended and the north line of said Lot 5 to a point on the east line of Gilbert Street; thence south- erly along the east line of Gilbert Street to the point of beginning. Commencing at the southwest corner of Lot 6, Block 1, Pierce and Berry - hill's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence north along the east line of Gilbert Street 92 feet to the south right of way line of the Chicago, Rock Island b Pacific Railroad Company right of way, thence northeasterly along the south right of way line on a line 25 feet perpendicular to and parallel to the centerline of said railroad track to its point of intersection with the west wing abutment of the bridge located on the west side of Van Buren Street in Iowa City, Iowa, over Ralston Creek, which point is 30 feet north and 25.2 feet west of the southeast corner of Lot i in said Block I, thence southwesterly to a point on the south line of said Lot 6, 41 feet east of the point of beginning, thence west 41 feet to the point of beginning. Received & Approved By �,hl8u��,..-apart /n% D Ordinance No. 78-2899 Page 2 Except that portion lying northerly of a line parallel with and measured in a southerly direction, twenty-five feet perpendicular to the northerly line of said Lot 9 and said northerly line extended easterly. And except that portion lying southerly of the following described line; Commencing at the northwesterly corner of Lot 7 of said Block l; thence southerly sixteen feet along the westerly line of said Lot 7 to the point of beginning; thence easterly sixty-five feet along a line parallel with the northerly line of said Lot 7 to a point; thence southeasterly to a point on the southeasterly boundary line of the above described parcel of land; said point being one hundred twenty-five feet from the southerly line of Lot 6 of said Block 1 as measured along said south- easterly boundary line. (408 S. Gilbert St.) as requested by Sam Abrams. Section 2. The building inspector is hereby author- ized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. Passed and approved this 13th day of June 1978. OR ATTEST: ' *CITCL7R Ordinance No. 78-2899 Page It was moved by Balmer and seconded by Neuhauser that the Or nance be adopted, an upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration: 6/6/78 Vote for passaged deProsse, Erdahl, Roberts, Vevera, Balmer. Nays: Perret. Absent: Neuhauser. 2nd consideration: Moved by Balmer, seconded by Neuhauser, Vote for passage: 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 considera- tion and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Vevera, Balmer, deProsse, Erdahl, Neuhauser, Roberts. Nays: Perret. �• `/�//// CIVIC CENTER, IY.I WASHINGTON N5T. V ~ K4(/ IOWA CITY. IOWA StY/0 ]I p-761IBM STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2900 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 27th day of June , 19 78, all as the same appears of record in my office and published in the Press Citizen on the 3rd day of July , 19 78 Dated at Iowa City, Iowa, this 10th day of August , 1978 Abbie Stolfus, g1ty Clerk Printers fee; CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS- CrIUEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper times, on the following do c r 42 Cashier Subscribed and sworn to before me this dayof A.D.19--I:L. tary Public No!3leilt r�`"��t` s MAHT;NA M. MEYER px�t � MY • x COMMISSION EXPIRES y9ra SEPTEMBER 30, 1919 OFFICIAL PUBLICATION OFDf.�NCE M. 70-2900 AV' O IN.L AqT IWC 3. IVi OFDIN .'CE 2238 9Y CRARCIRO T k I;SF RUIRATIM OF CERfA1.1 Ila ITIM I" RSA to R3 a11. �E. M IT QRl T= M M CITY OXMIL OF TIE CITY oF IOWA CITY, IOWA: =Ri I. Ttn Prrsorty dk ,'Ibed below is hereby teelaselfled ftnm Its Preeent classl- flcatim of MA rore to R3 efon the Tamp,, !lap of the City Of Iowa City, Id d to'Mt: Reglming at the intersection of the center Ilse of Market St. a the CtylttT lire of GNernor St. anti Pro - ceding mrth along the peter line ofOwernor 9t. to its interseftion with the mover lire of the alley betaeeh Ittrket St, a3M Bloom wgrt St.; thettee yltast aloo, the voter line of said alley to its interstetion with the ranter Ithe of loess St.; thence south along the mover lira of W. St. to its interuortion with the center lire of 3br'ket St.; thence Best along the renter lire of utrket St. to to. point of btgtmine. B3LTI0N 2. The buildflg is herb' sethoriaed 91tl direeted'to coaW the Tuning M`P of the City of loap City, Iowa, to oeo- form to this aneddncetuptm the !Foal �, apptwal and publication of this O isance as provided by law. S07IM 3. 'pie City Clerk Is 1,or0h, authorized a directed to a rtifY a ropy 'If this Ordi- OseW to the Cputty Reorder of JrAutavt Coonty, Iowa, t final pass . s,'.l eon Publi- cation as pr,sided by law. Parsed and aPProved this Vthday of ,lune 1978. JULY 3.19M Cl -Aoni•P.An .a ri _ •_ �. v .I �" MIA '8L6T au_n So AIT�_q LZ sFu3 PanO.zdde puE passed 'MEI Aq papTAoid se nOTlEO -FTgnd put TEAoaddE `92essed TwTJ uodn 'uwj 'fluno0 uosugor So aapaooag Aluno0 agl of aoueu -FP TO s.ql jo 6doo t fi3Flaao of pajoaa[1p pue pazFaogln-e Agaaaq sI $aaTO 61F0 aqy '£ NOIJ.'X3S 'mtT Aq PaPFAoad se aouuuTM sFgl SO uoFIEoFTgnd PuE ItAoaddE 'a2essed TEuFS ail; uodn lua Wueme sFgl of maoS -uoo of `enol 'ATO Enrol So A4TO agl So dtyu 2uFuaZ agl a2uEgo 01 paloaaFP Pat p9zFaog4M Agaaag sF aolOadsuF 2uTPTFnq ag,L 'Z NOI= ' 2UTuuF294 IO JUTOd aql 04 '1S la3ja8W So OUTI aaluao aql 2uoTE lsea aouagl '•'1S IaKxeNI S0 auTI aaluao aql 141Fn uollaasaaluF SIT C4 •1S seDM So 9UTI aaluao aql 2uOTE glnos aouagl •'1S sEoni So auFT aaluao agl g1Fm uOFloasaaluF SIT of efaTlE pTEs So auFl aaluao agl 2uoIE lsam aouagl ''1S uo;2uFmoolg Pim 'lS laXpen uaemlaq AaiTE aql So auFT aaluao agl gITM uoFloasaaluF SIT 01 '1S JOM19AOD So auTI aaluao aql 2aoIE glaou 2UTP990 -oad pue •1S aouaano0 So aulT aaluao agl We '1S laKaEpp So auTl aaluao aql SO uolloasaalUT aql lE 2uFuul20g :1Fm 04 EmOI `AIFO 'eMOI SO AIFO agl 10 dVW 2UTUOZ aql uodn gg of auoz yCH So UOTIVOTS -Fsselo luasaad s1F TIS PeT;TssuToaz �4aaa4 sF molaq Paglaosap Slaadoad au 'T NOIJOBS VMOI `AlID VMOI AO MID BILL 3D 'IIDMM ALIO MU AH CMNIVaM JJ 88 'BNoz Ea of V£2i MXU AJMd -GQId NIVJ)M do SNOI.LV7f1'J82I NsII MU 'JNIDNVAO AS 8£ZZ BONVMIaW JNINOZ DNICNBW BONVNIOIIO AIV 006Z -8L 'ON BONVNICHO ORDINANCE NO. 78-2900 Page 2. It was moved by Balmer and seconded by Perret that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration Moved by Balmer, seconded by Neuhauser, that Vote for passage: the rule requiring ordinances to be considered and voted on for passage at two Council meetings 2nd consideration prior to the meeting at which it is to be finally Vote for passage: passed be suspended, the first and second con- sideration and vote be waived, and the ordinance Date of Publication_ be voted upon for final passage at this time. Ayes: Vevera, Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts. Nays: none. RECEIVED 8 APPROVED BY THE LEGAL DEPARTMENT �•9S-J� K4(/ //j%,]//y/�'/6~� K&�7� CIVIC CIi WA 110 E. WASNINOTON 5T. V IOWA CITY, IOWA 5220 310-354 ieao STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2901 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 27th day of June , 19 78, all as the same appears of recin my office and publishedin the Press Citizen on the 3rd day of July 19 78 1978 Dated at Iowa City, Iowa, this 10th day of August , AbbiC9, e Stolfus, C ty Cler Printers fee $—&a7. I 7 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS. CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hejwto attached,timwas published in said paper es, on the following Subscribed and sworn to before me this w7fo__ day of A.D.19_IY_.. No W7 Notary Public *,kMARTINA M. MEYER MY CCMMISSION EXPIRES SEPTEMBER 30, 1979 OFFICIAL PUBLICATION OIBIINAWE NO. 18-2991 AN QMIMU A14201M 3N019 1 60TNANCE 2238 a CPAM'IN9 USE REW ATIM � CURTAIN PURIT FROM 8311 to CO 00tM. &. IT ORDAINUD BY TIM Cln ODIINCIL OF THE CITY OF IOWA Cin, ICDA: SWrICK 1. The js y ny tlrecrlbed below is hereby retlnasifiad Iran its ptigaent clasai- fication of'M to Co upon tbe•Zoning Nap of the City of loan city, Iowa, to -wit: IDts 8, 9, anal 10 of Baron's Sub- division of the south pnrt of Plock 1. D.A. J1 's Addition W h•aa City. loan, accoaling to the n rdsd plat tta, nf, rncurdtd in Plat ab 1, Page 5, Plat Rew , of Johoann county, loan, as eaterc e L to the center lice of Governor St. SFTTIM 2. The hui lding iaa a tor. is hen:ty authorized aeM dlrtctcd W dtaoge iM,. Zoning lisp of the City of itaa CUs, Ipw to roLlfotla to this.*neld1sent upon the final basaagn, approval a publiontion of this Udinmrc as pr wl by law. STZTION 3. The City Clerk is hereby nuth�ized and directed to <oniry a copy or thin Ordi- hasm W the County peoordw of Johnson Canny, Iowa, upon final R � , . appi ftl and publl- ution as, provldod by "W. Paasad scow aPt`r ,+ this 27thday of June lU 8. lT •. W'Oft i JULY 119M Old. ORDINANCE NO. 78-2901 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PRO- PERTY FROM R3B to CO ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. The property described below is hereby reclassified from its present classi- fication of R3B to CO upon the Zoning Map of the City of Iowa City, Iowa., to -wit: Lots 8, 9, and 10 of Bacon's Sub- division of the south part of Block 1, D.A. Dewey's Addition to Iowa City, Iowa, according to the recorded plat thereof, recorded in Plat Book 1, Page 5, Plat Records of Johnson County, Iowa, as extended east to the center line of Governor St. SECTION 2. 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 publication of this Ordinance as provided by law. SECTION 3. The City Clerk is hereby authorized and directed to certify a copy of this Ordi- nance to the County Recorder of Johnson County, Iowa, upon final passage, approval and publi- cation as provided by law. Passed and approved this27th day of June 1978. ./ Grp �V1.z+•Cs�t/ T A ROBERT A. VE'VERA, MAYOR ii a < D � m ATTEST: tcc. -o � ABBIE STOLFUS, CITY 6 L r, H � A CG 112- ORDINANCE NO. 78-2901 Page 2. It was moved by Erdahl and seconded by deProsse that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x DeProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration Moved by Erdahl, seconded by Perret, that the Vote for Passage: rule requiring ordinances to be considered and voted on for passage at two Council meetings 2nd consideration Prior to the meeting at which it is to be Vote for passage: finally passed be suspended, the first and second consideration and vote be waived, and Date of Publication, the ordinance be voted upon for final passage at this time. Ayes: Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse, Erdahl. Nays: none. RECEIVED h APPRUnD BY TEZ LEGAL DEPARTWX 113 ' �•'�/nJ,/ CIVIC CENTER. . E. WASHINGTON 9T. 6 lI1I / 61 G4`10� l/1IOWA CM. IOWA 52240 319-354-leoG STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78_P902 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 27th day of June , 19 78, all as the same appears of recorT7n my office and published in the Press Citizen on the 3rd day of July , 19 78 Dated at Iowa City, Iowa, this 10th day of August , 1978 ILIL i Abbie Stolfus, City Clerk Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS. CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper OR times, on the following dates: Cashier Subscribed and sworn to before me this dayof A.D.19-72 _. o ry Public Noo�ie111 MAR11N hT MEYER MY ;';'MMISSION EXPIRES 4n SEPTEMBER 30.1979 OFFICIAL PUBLICATION ORDINANCE M3. 78-2982 AN OmImwz =- NiINc CFOINANCE 22M BY OIA.NOlNal TRE USE FQ:f,TDATIOB OF CERTAIN PRC, , PFRrY FROM R38 to R2 =M. BE IT CSDAINM W 71E CITY DIMIL OF TIE CITE OF IM CITY, IMA: _. BFiTICN I. The PtoPerty described belay hereby ra�laa�ifisd fain its present elastii- fieatio, of RE y to R2 upon the zine g 41ap of the City of lora City. Iowa to wit: All of lot 51 in the subdivision of the southtest quarter of Seetion 3, 7 nahip 79 North, Range 6 West of the Fifth PrinelPal Aleridlan, according . to the r6cortled Plat thereof reoerded in Plat Book 1, Pape 1, Plat Racxtds of John. County, 1,aaa. Csteeneing at the Southwest corner of Lot Fifty (50) in the 9uitlivision of the Southeast (Harter of Section Thane (3)', Ta hip Seventy -Nine (79) North, Range Rix (6) West of the 5th P.M., xeosding to the Plat thereof mcordai in Plat (bok 1, Page 1, Plat RecotLLs of Johnson County, Iowa, thents Fest on the South it. of said Int 50, to the Wast line of " 51 of saltl SWidivialet. thetge North on theWest line of said Iot 51, 60 feet, there West Parallel with the South line of said lot 50, to the Font line of Dodge Street in Iaxa City, Iona, thence in a 9oateweat,ly direction along the east line of said Dodge Street w the place Of O,gimis,. S XCN 2. The builditg ina,,eetse is hereby authorirnd and directed to change the Zoning lap of the City of lawn City, loan to «reform , to this wnsr4 ant upoa the final passage. aPPmval and publiestim of this Odimnce as provided by law. , -MON 3. The City Clerk is herehy authorized and directed to certify a copy of this Otdi- nanon tP the County Fkxxin1,v of &Amnon Q> aty, I.. uron ILa' Passage,, approval and Publi- cation as PLovided by law. ORDINANCE NJ 78-2902 Page 2. -- "Passed and apps this 27th day of Jane 19'78. a. MAyms` 1'n ATTFsr: C IE IFLS, CTfYi C1fl7I( JULY; 1978 ORDINANCE Ivy. 78-2902 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PRO- PERTY FROM R3B to R2 ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IaVA: SECTION 1. The property described below is hereby reclassified fram its present classi- fication of R3B zone to R2 upon the Zoning Map of the City of Iowa City, Iawa to wit: All of lot 51 in the subdivision of the southeast quarter of Section 3, Township 79 North, Range 6 West of the Fifth Principal Meridian, according to the recorded plat thereof recorded in Plat Book 1, Page 1, Plat Records of Johnson County, Iowa. CaRnencing at the Southwest corner of Lot Fifty (50) in the Subdivision of the Southeast Quarter of Section Three (3), Township Seventy -Nine (79) North, Range Six (6) West of the 5th P.M., according to the plat thereof recorded in Plat Book 1, Page 1, Plat Records of Johnson County, Iowa, thence Fast on the South line of said Lot 50, to the West line of Lot 51 of said Subdivision, thence North on the West line of said Lot 51, 60 feet, thence West parallel with the South line of said Lot 50, to the East line of Dodge Street in Iowa City, Iowa, thence in a Southwesterly direction along the east line of said Lodge Street to the place of beginning. SECTION 2. 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 publication of this Ordinance as provided by law. SECTION 3. The City Clerk is hereby authorized and directed to certify a copy of this Ordi- nance to the County Recorder of Johnson County, Iowa, upon final passage, approval and publi- cation as provided by law. ORDINANCE NO 78-2902 Page 2. Passed and approved this 27th day of June 1978. ROBERT A. VEVERA, MAYOR It was moved by Balmer and seconded by deProsse that the Ordinance be adopted, and upon roll call there were: X Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera 1st consideration 6/6/78 Vote for passage: yes: Ro erts, Vevera, Erdahl, Perret. Nays: none. Absent: 2nd consideration 6/13/78 Vote for passage: Ayes: Erdahl, Neuhauser, Vevera, Balmer, deProsse. Nays: none. Date of Publication. Balmer, deProsse, Neuhauser. Perret, Roberts, RECEIVED b APPROVED BY THE LEGAL DEPARTMENT 9---Vs-7F AAr-- lis 41 �• `�J,'/ //j%�j/./j/�'/ CIVIC CENTER. 410 E. WASHINGTON 8T. 52240 IOWA CITY, IOWA 57Z�0 710.7641800 STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2903 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 27th day of June , 19 78, all as the same appears of repo in my office and published in the Press Citizen on the 3rd day of July 19 78 Dated at Iowa City, Iowa, this 10th day of August , 1978 I Abbie Stolfus, C ty Clerk Printers fee 1-/Z.1a Z - CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper 67%f— times, on the following dates: Cashier Subscribed and sworn to before me thisu2� day of. A.D. 19—V--. nary Public NOo�S 111 zY*'{(syf MARTINA M. MEYER MY COMMISSION EXPIRES `raga SEPTEMBER 30, 1919 OiFICIAL PUSLICATION OROINAXE NO. 78-2903 AN MlUXfL A'.fL1D1'ai 7D\nY, CMINAN[E Z'.'18 III CW1N M THE. LM RisnATIlm OF «STAN P{S} ppm n v FLTR to R3 ZCt6. M IT CWAINE E/ TRE CIT' MWIL OF 716 CITY OF IMA CITY, IOWA: =IM 1. The PR ty deacoibsd belay is hereby reclansifiM torn Its psea'nt cisssifiOation of RM ame to R3 upon the Zoning Map of the City of Iara City. Il)wn to it All nl U't SO in the subdiv isirn of, the mutt t 9uamor of Section 3, Tnwnsh'P To Math, Rangy 6 Mast of the Fifth P.61., aocoOung to the voorisn plat thera,f rx,O t in Plat book 1, Page 1, Plat Remota of Jnhh,,h fbuntY.: Iova, as os- tendtd vent to the motor Ilse of r"aiao St., u'nept the sa:th 186' of said lot SQTION 2. the Es,ldis, inspector is hereby authnri.ad and dlrertod to change the 2nni= Aiap of the City 'of Iowa City, 3owd,. to mnfoon to this ant-Mient upon the final fmsage, app�al and -publication of this Ordinaix'z as pmvidad by law. SECTION 3. The City Clerk SS hsllll authorized aM dir,tW to mrtify a coli,, of thin Ord- nance to the County R Oder of Johnson CountY. 1 , u h final laa 9a 1. aVPx -1 anal Publi- mtinn as Pn i&� tN law. P.w.vo and appzrn'td this 27thdi of June 1978. Ta�tx: A. \ttiT3L1, wYrn ATTT T , I -L' i_ ls__ i.. - 3u LY 1.1973 00.0 ' PPO .�c • • •�: - -r�VA I PAVA . • ..�c .�cr r. _ '8L61 aunC TO AIF�41LZ sTg1 PaAoaddle Pu'e Passed 'MET Sq P9PTnoad se uoT1le0 -TTgnd pule IlenoaddE '92Essvd IEUTT uodn 'lemol IA;uno0 uosugof TO aapaooa2I A1unM aq1 o1 aoueu -TP TO sTg1 To Adoo le ATT1aao o1 peloaaTp pule pazTaOglnE Agaaaq sT x.xaTO A1TO agy '£ NOIJOM 'MET Aq POPTnoad se aouEuTPaO sTg1 To uOT1'MTTgnd pule IEnoaddle '92essed IvuTT aq1 uOdn 1ugwua= sTg1 OT =OTUoo 04 'lemOI 'A1T0 EmOI To A1T0 aq1 To dem 2UTUOZ 9144 a2ump 01 paloaaTp pule pazTaoglne gaaaq ST aoloadsuT 2uTPITnq aiU 'Z N0IJ3s '09 1OI PTes To 981 glnos aq1 1daOxa '•1s 92POQ TO auTT aaluaD ag1 04 Isam papuO4 -xa se 'EMoI '61unoO uosugor To spaooag ;vTd 'T a2Ed 'T 4008 laid UT papaOoaa Toaaag4 1EId papaooea aq4 OZ 2UTpaOooE ..W'd g1TTd N4 TO 1saM 9 a2uMd 'gIJON 6L dT gsumoy '£ uOTloas To aa4amb lseaglnos aq1 TO uOTsTnTpgns 9q4 uT OS 107 .TO TTV :1TM 04 EmoI 'A1TO EMoI To A4T0 aq4 To dM 2uTuoZ aq1 uodn gg 01 auoz gEH TO uOT1e0TTTssleI0 luasead s1T uJO-V P9TTTsseloea Agaaaq ST WIN PegTaosaP Awadoad agy 'T NDIJOC3s :VMOI `AJJO VMOI 30 AJ.IO BILL 30 'IIONOpO ASID mu 28 02TIIV0u ,LI 88 £062-8L 'ON MMIGHO s J I- 0 ORD—ICE NO. 78-2903 Page 2 It was moved by Balmer and seconded by deProsse that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: X Balmr X sse DErdahl X Neuhauser Perret Roberts Vevera 1st consideration Moved by Balmer, seconded by Roberts, that the Vote for passage: -rue requiring ordinances to be considered and vote( on for 2nd consideration meetingpatswhichtitwisCtonbelfinally p prior to the Vote for ass Y passed be p age: suspen a the first and second consideration and vote be waived, and the ordinance be voted upon for Date of Publication. final passage at this time. Ayes: Balmer, deProsse Erdahl, Neuhauser, Perret, Roberts, Vevera. Nays: None. RECEIVED b APPROVED By TSE LEGAL DEPARTMENT S�� �• ��/ny,'/ '/n}/�///�'/ KA?7'- CIVIC CENTER. 110 E. WA52240 ST. V!!f?� IOWA 19-3 IOWA SYt�O Otp-7641!00 STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2904 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 27th day of June , 19 78, all as the same appears of record in my office and pub fished in the Press Citizen on the 7th day of July , 1978 Dated at Iowa City, Iowa, this 10th day of August , 1978 i Abbie Stolfus, C ty Clerk Printers fee $g1'7 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I,--- Vicky ,__Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS. CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper —2U times, on the following dates: ; 14Cashier i - subscribed and sworn to before me this" day of N�e—_. A.D.19�otary Public NoA—LU11 ! M1thHTINA M_ MEYER Mt COId69SS10N EXPIRES SEPTEMBER 30. 1979 JW4 OFFICIAL PUBLICATION p7DLVA':cE Np, 78-2904 AN MINA.`CE XIEDiD W, WAglaG QRDv 1 2298 BY C1411r1.h'n 7M UBE BDaa"T1C145 Ol'flll- TAIN RPMMY 1tMl MB TO Bat MM. � � ' HE IT ORDAMM W M CITY CMMIL OF T10: CITY OF IONA CITY, IOWA: ST:CTIM 1. ThO ptWOrty devcribed belrnv is twreby rnola fied. Slvn it, pnni'nt claasifiaaticn of IC3.31! to 83A upon tho &ming flap of the City Of 1O City. lona, to -wit: Tho nortb. 136 feet of tW swth 186 foot of Int 50 in the subdivision Of the southeast ftuarter of Section 3, Towishfp 70 North. Rang. 6 West, of the Fifth Princi- pal Meridian. according W thO recorded plat thonof rocarded inPlat Book 1. Page 1. Pt;i Records of , JMin.'-.aO O}01ty. Iona. as uK +Med i to tix: anter lite: of Dodsc St. SECf10: 2. rnn Wilding fiaptr.t or is hers— M, autMrized and dtmeted to c fango tho lxmi,,C 41ap of the City of Iwa, City. Iwa, w conform ta:this amend!MSnt UPon the final pur age. approval and pLWicatiat Of this O fflaana: as piovided by law.:.. SE (Z' 3. Tic City Cicrk ie IwronY auth- dd and itilnUd [o o rill, z appy Of th,:; Ordinance W the Ctamty Reoardur of ,lolut�on County. lora, upon final pata t`.' amrawl and pbltcation as ptovidod by law. Paced and approved this 27th diY of .lune IJ7a. , ��AL1Y , '1 ATTF31" ' re sro 1cI _ '8L6T aun0 So Avpy;LZ sigl panoadde pte Passed mBT 6q papTnoad se uoTlBotTgnd pte TBnaxdde '92essed TieuT; uodn 'Bmol '6lunoa uosugop 3o aapaooag dlunoo aq1 oI aoteutpap sTg1 30 Adoa a d3Tlaa3 01 PaloaaTp Pte PazTao -g1nB 6gaaaq ST KaaID A;TD 8q,L '£ NDISDBS meT Aq paPtnaxd se aoueu?PaO sTg1 3o uoTIL-JTTgnd WE IBnoaddB 'a2essed TW EJ aq1 uodn 1u9u4uame stgl 01 uuo3uoo 01 'BmoI 14TO BmoI 30 4TO aqT 3o dqq 2uzuoZ 9q1 92uWo 01 Pa4oasTP Pus pazlaoglnB 6q -aaay si xolaadsu-i 2uTpTTnq eq,L 'Z bDL-M *IS 92POG 3o 9UTT aaluao aq1 M lsam Papualxa se 'Brool 1AIunoa uosugor 3o spaooaH 1BTd 'T a2Bd 'T 31009 1131d uT Papaooaa 3oeaag4 1BTd papaoDea aq1 01 &Tpa000e 'uvTptaayq Ted -iouTJd g13Td ayT do 'Is A& 9 92ueH 'y1aoN 6L d?gsumo,L '£ uoTjoas 3o aelaenb lseaglnos aq1 3o uoisTnipgns ay; vi 09 1orI 30 1-1-13 98I glnos -1q1 30 1-193 9ZT glaou aqy :1Tm-01 `Umol 'AITO vWI 30 AITO aq1 3o dew 2utuoZ 9q1 uodn VCH 01 M 3o uotlIBOt3tsselo luasaad s;T moa3 PaTITsseToaa Agaaay ST moT9q PagFaosap 2418doad aqy 'T NDIJDM :VMOI '16LID VMOI dO .LLID ZU 30 710MM E.LID HU AE1 OBTIIVCM ,LI HE 'MDZ V£H QL Q£H YMd AdMd0Hd MIXT. —Im 30 SNOI.LvirmH mn mu DNIDMO AS 8£ZZ aagVNI0HO DNINOZ DNIONSW BDNVNIM NV b063 -9L 'ON ZOWNIMU >roary p1© Ordinance No. 78-2904 Page 2. It was moved by Balmer and seconded by Erdahl that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABEWT: x Balmer x DeProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration 6/6/78 Vote for passage: Ayes: Perret, Roberts, Vevera, Balmer, deProsse, Erdahl. Nays: none. Absent: Neuhauser. 2nd consideration 6/13/78 Vote for passage: Ayes: deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer. Nays: none. Date of Publication RECEIVED & APPROVED BY THE LEGAL DEPART MT �• CIVIC CENTER. 410 E WA T. ON 5 52240 0'. a IOWA CITY, IOWA 57110 3I9 -761-1l00 STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2905 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 27th day of June , 1978 , all as the same appears of recor=n my office and publishedin the Press Citizen on the 7th day of July , 19 78 Dated at Iowa City, Iowa, this 10th day of August , 1978 I Abbie Sto fus, C ty Clerk Printers fee $� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS-CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS- CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper _ _u�% times, on the following da Cashier Subscribed and sworn to before me this -6 day of A.D. 19-7-X— Notary Public NoaIe111 MARTINA M. MEYER MY CQMMIIss1ON EXPIRES SEPTEMBER 30. 1979 OFFICIAL PUBLICATION OR91N,tN N0. 78-2905 A`: iMNIN:V:CE AMMING 7l1NING (MINXI(l XiIhi UV awwING TIB: MT: IkrilATI(As OF CMA14 pf 1 PEM 11104 K8 To R2 MiL. OG IT (& AIMS) W THE CITY =NCIL OF' TIT: CITY OF IMA CITY, IOMA. STLTIM 1. The Property described hslom is temby recllsified fran its parent clasificat ion Of P:Nt acre to R2 upon the,- Coning lap of the City of lona City, Iowa to -wit All OIlot �17 in the Suldlvision of rbc• Southast Quarter of Sect ion 3. Town- ship 79 North. Range 6 hese of the bill P.N. as per the rerortkd plat ther,ol. rtrorbd in Plat Flank 1, page 1, on April 3, 1973, in the office of the Recorder of Johnson County. I.. ea - "Pt the following: described Wool _ of MAI estate, to -alt: Crnn.111lg' at thl, northwest cornr* Ot said Int 47, thence tarot 89 feet Aeries the north line of said Int 47, thedea sonth on a line parallel with the cast line of said Int 47 to the south Iin, of said lot 47, thence west Along the south line of lot 47 to the westerly lire thereof, th,nee northeasterly along the w,sterly line of said Lot 47 to the Pilate of heginning, and All of flat 48 and 49 in the Subdivtslon of Uw_ al of Section 3. Township 79 North. Bldg- 6 West of the 5th P.Y. ewsgting the pa, parcels hereinafter tlescribod. but foclialing the carmen for road purposes deenribed in the exception last hominafter described. Raid two exceptions being as follows, to -wit. Coiverclnr, at an iron titake in the southeast intim of tot 49 in mid Suhdivision. thenen north SIA fest, then,- west 310 f,et on a line parallel with the ,rilth line o1 mid Int 49, thmre -x on 5-11 feet one a lire Parallel with the sant lice of mid Ian. 49, throne art on the mouth lire of lilt said I 49 210 fast to the platy of beginning Also mmtnciog at the outJarest ,nose of Lot 49 in said SlhhdtYiefon, thence nortlwrW alou, the pesterly lire of said lot 49. 16 feet, then, vast on a line parallel with the south line of said Idt 49 to the wort Ilne of the parcel of real estatd,IIpr'einabove deseriR , th ned,nuth 16 feet, on the wrest lice of the Parcel of real estate hereinaterve descrfhed in the south line of :aid lot 49, thence west on t1u, south lin, of said int 49 to the pl. Of btginnfng. ECfIOV It The building inspector is hereby autMrizd add directed to change the Zoning %p of the city of Iowa City: lwa, to mn- forn w it,,. erendoent :A»n the final passage a Ppruval and publication of this Ordinanm as providsd by low. SlLTION 3, The City clerk in hereby auUnriud a M directed to certify a „P,,. of this Otdi- nance to o, County Recorder of JohapOn County, Irma, upon final 1w,=5ai:r.'. approval add jaihli- autton as Provided by law. Pa.,,sed and approved this27th day of Juin: 1978. I+IIRERI' A. V'LUEHA, MyOn R AT,EsT C_L�t,_-t ' iuy 31OL ' CITY Caij�iji✓fdf( JOIy 7, 1978 ORDINANCE N0. 78-2905 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING TRE USE REGULATIONS OF CERTAIN PRO- PERTY FROM R3B TO R2 ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. The property described below is hereby reclassified from its present classification of R3B zone to R2 upon the Zoning Map of the City of Iowa City, Iowa to -wit: All of Int 47 in the Subdivision of the Southeast Quarter of Section 3, Town- ship 79 North, Range 6 West of the 5th P.M. as per the recorded plat thereof, recorded in Plat Book 1, page 1, on April 3, 1973, in the office of the Recorder of Johnson County, Iowa, ex- cept the following: described parcel of real estate, to -wit: Commencing at the northwest corner of said Lot 47, thence east 80 feet along the north line of said Lot 47, thence south on a line parallel with the east line of said Lot 47 to the south line of said Lot 47, thence west along the south line of Lot 47 to the westerly line thereof, thence northeasterly along the westerly line of said Lot 47 to the place of beginning, and All of Lot 48 and 49 in the Subdivision of the SE$ of Section 3, Township 79 North, Range 6 West of the 5th P.M. excepting the two parcels hereinafter described, but including the easement for road purposes described in the exception last hereinafter described, said two exceptions being as follows, to -wit: Ordin No. 78-2905 Page 2, Commencing at an iron stake in the southeast corner of Lot 49 in said Subdivision, thence north 841 feet, thence west 210 feet on a line parallel with the south line of said Lot 49, thence south 84j feet one a line parallel with the east line of said Lot 49, thence east on the south line of said Lot 49 210 feet to the place of beginning. Also commencing at the southwest corner of Lot 49 in said Subdivision, thence northerly along the westerly line of said Lot 49, 16 feet, thence east on a line parallel with the south line of said Lot 49 to the west line of the parcel of real estate hereinabove described, thence south 16 feet, on the west line of the parcel of real estate hereinabove described to the south line of said Lot 49, thence west on the south line of said Lot 49 to the place of beginning. SECPION 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to con- form to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION 3. The City Clerk is hereby authorized and directed to certify a copy of this Ordi- nance to the County Recorder of Johnson County, Iowa, upon final passage, approval and publi- cation as provided by law. Passed and approved this 27th day of June , 1978. ROBERr A. VEVERA, MAYOR o • 51ti • Fi a ordinance No. 78-2905 Page 3. It was [roved by Balmer and seconded by Erdahl that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x DeProsse x Erdahl x Neuhauser x Perret x Roberts x vevera 1st consideration 6/6/78 Vote for passage: Ayes: Vevera, Balmer, deProsse, Erdahl, Perret, Roberts. Nays: none. Absent: Neuhauser. 2nd consideration 6/13/78 Vote for passage: Ayes: Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse, Erdahl. Nays: none. Date of Publication RECEIVED & UPROVED BY TEE LEGAL DEPARTIMT / 22 �• /_//,^/(Jj/�// K&740 CIVIC CENTER. IW C.WASHINGTON. IOWA 522405T. IOWA CItt54-18M 7i�0 JIp-J641lW STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78_P906 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 27th day of June , 19 78, all as the same appears of recor�in my office and published in the Press Citizen on the 3rd day of July , 19 78 Dated at Iowa City, Iowa, this 10th day of August , 19 78 , X. Q -- Abbie Stolfus, C ty Clerk Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was publishedtin said paper _ �. times, on the following dates: iii fc-a/ Cashier Subscribed and sworn to before me this ��lCC�— day of A.D. 191. otary Public MARTHNA M. MEYER k MY COMMISSION EXPIRES SEPTEMBER 30, 1919 OFFICIAL PUBLICATION ORDINANCE INO. 76-2906 AV 0I1D1NANC'E AMFADING W NG OROIfIWF 2238 W C3IANOIN0 THE USE NTDJ1dTIM OF (i3f1'AIN 1�- p1tlY Isou 1013 In R2 MIT. HE IT OIh)AIM By THE CITY Co14CIL OF THE CIT/ OF IOWA CITY, IOWA: SEI. O; 1. The property desoribed below is hereby r Imsifid froo its present classification of fL'ID mne to R2 upon tho Zoning Map of the City of Iowa City, Iowa to -wit: Crnonl W at an IrOn stake in the Southeast corner of Nut 49 in the SotxiMeion of the S,uthenst quarter of Section 3, Tawmship y9 I th, Range 6 West of the Win PrimiW 1Mri- dim, as per the otded plat thero- oq thence North 64.5 feet; thence West 210.0 feet on a line parallel with tho Soud, lim, of Int 49: thence South &1.5 feet on a line parallel with the Fest line of said Lot 49, thmr Cast on the South loin of said lot 49. 210.0 feet to place of beginning. Also mmwn.ing at the Siuthlest - mrner of wt 49 id the Subdivision of t��p1WNmot quarter of ;Section 3, Toxft4hib T9' Npi`th, R oigsd West of the Fifth Principal Meridian as per the rernrded plat thereof; thence Northerly along the Westerly lure of said Lot 49,a'-]6.O..j(E i; to Fast on a line p$ali'el with the South line of said Net 40'to the West lire of the parcel of real estate herein- mo,r6 described; thence South 16.0 fcet on the West line of ohs Marc l of real estate hereinabove described to the Suth line of said Int 49; thence Mat m the South line of said Int -:9 to plain of beginning. =IM 2. T Wlldinq invpector is hereby authuriud and dime[ d to chayre the ynniry; Nino of the City of Iowa City, Iowa, 10 o0o- form to this amendrent upon the final passage, approval ad publication of this Ordinance as provided by law.., I SECrIW'3. The City Clerk is hereby autin- riz ad directed to certify a DOPY of this otd oaite to the County Rood d r of JOhmon Caonty. I., ellen final passage. approval and publicat ll q m prrn.'idd by law. �. Passed and Wpiv+ed this 27th day of aorto 19rs. Yor Attest� I' & l city ])erk JULY 3. 1978 ORDINANCE NO. 78-2906 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PRO- PERTY FROM R3B TO R2 ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. The property described below is hereby reclassified from its present classification of R313 zone to R2 upon the Zoning Map of the City of Iowa City, Iowa to -wit: Cmmencing at an iron stake in the Southeast corner of Lot 49 in the Subdivision of the Southeast quarter of Section 3, Township 79 North, Range 6 West of the Fifth Principal Meri- dian, as per the recorded plat there- of; thence North 84.5 feet; thence West 210.0 feet on a line parallel with the South line of Lot 49; thence South 84.5 feet on a line parallel with the East line of said Lot 49; thence East on the South line of said Lot 49, 210.0 feet'to place of beginning. Also camiencing at the Southwest corner of Lot 49 in the Subdivision of the Southeast quarter of Section 3, Township 79 North, Range 6 West of the Fifth Principal Meridian as per the recorded plat thereof; thence Northerly along the Westerly line of said Lot 49, 16.0 feet; thence Fast on a line parallel with the South line of said Lot 49 to the West line of the parcel of real estate herein- above described; thence South 16.0 feet on the West line of the parcel of real estate hereinabove described to the South line of said Lot 49; thence West on the South line of said Lot 49 to place of beginning. O ✓d. /Ue01< 123 Ordinance No. 7g -2g06 Page 2. SECTION 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to con- form to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION 3. The City Clerk is hereby autho- rized and directed to.certify a copy of this Ordinance to the County Recorder of Johnson County, Iowa, upon final passage, approval and publication as provided by law. Passed and approved this 27thday of June 1978. 6azla %_ Mayor It was moved by Neuhauser and seconded by Perret that the Ordinance be adopted, and upon roll call there were: X Balmer X DeProsse X Erdahl X Neuhauser X Perret -T— Roberts Vevera 1st consideration Moved by Neuhauser, seconded by Perret, that the Vote for passage: ru a requiring ordinances to be considered and voted on for passage at two Council meetings 2nd consideration prior to the meeting at which it is to be finally Vote for passage: passe uspended, the first and second consideration and vote be waived, and the ordinanc Date of Publication. be voted upon for final passage at this time. Ayes: Perret, Roberts, Balmer, deProsse, Erdahl, Neuhauser. Nays: Vevera. RECEIVED & APPROVED BY THE LEGAL DEPARTi= 7P � �• 0' CIVIC CENTER. 410 E.WASHINGTON ST. IOWA CITY, IOWA 52240//~K4� 31 9-354-1800 STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2907 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 27th day of June , 19 78, all as the same appears of recorn my office and pub fished in the Press Citizen on the 6th day of July 1978 Dated at Iowa City, Iowa, this 10th day of August 19 78 , A C ie Stolfus, ty ClerR- Printers fee E CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS-CTTIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto was published in said nattached, paper 9"F times, on the following date 71 C Cashier Subscribed and sworn to before me this day of A.D.19-12— N ry Public No.,'R I t LI I MARTiNA M. MEYER x f MY COMMISSION EX%RES r.�. SEPiEMOER 30, 1979 OFFICIAL PUBLICATION ORDINANCE M. 78-2907 AN OIIIIINA.NCE AM1IQJDINI (MINAKI NO. 2527 . TIM 1,11VII: SCA11 �f IIITMIAI, MNIOITIEW ()RI)IMMM (OiN'Iklt 9.58 or IM MUNICIPAL ODE) OY, QIX)1ND A PFUVISION 1n EXaRT gTjT(9 Ry HJUDINS FKM ITS UJILIGITIM, SWrION 1. plr)UPntE. The parpose or this aidl t is to'x t tlic oOmtruct i'n M Alae nt Of teonTioa buildings on office, oonvYf,ohl nr indlntrml ato, from the reghere nts of th• fart9. e(:alc NOR-Resi dentia! lkvelolmmt Orcbn'.'— slxa'lory u. A 'f).4M. chapter 9.52 of Th e Efunrcipal Cdo is hereby amended by adding the ibllowih�, section: ' $ tion 9.52.n Tommora Ha ldoh,;=, A. Teq qra buildings :;hall be exaavt. Into She pravision of this chapter. For th, purpose of this Cnaph,. a tory!' rary builchng shall be de•finad as a strut. tore which shall remdn on the site for Lass than two ye*, and its occupancy or rive shall be limited to services v ioh shall he: per- fbmw.d to ntarily for the Owner of the -!W. ..It J5 liaiStr Linn. Toanorary buildings shal l'not be o6wpi,d by tho erwner'w q:mntmed .'Or used'to oon fiat oyaux'n b.,.,,. ur asuvity. U. It ::Full bi: imlawfbl to occupy or ase the for xo,ary building in violation of this section or to ellow the building to ro in on the. site byond in. too yens specified herein. If special cireimatances require an extea ion of the use, the Building Inspector grey grant an extonsioa not to ok- teed six months. - MMON III. REWALER. All ordinances and parts of ordinenrs in wnflict with the provisions of flits otdindrce arc hereby xIod. S 10N IV. SEVERABILITY. If any section, provision nr part or the Ordin:mco shall bO adjud9od to be invalid ur unconstitutional, such adjudication .hail n,,I affect the- vali- ditY of the ordinance a, ., whil« or any ,tion, provision or port th�r not adjudged Invalid or unrvnstitutiionul. SECTION V. FiFMAU$ DATE. Itis Ordinance shall be in eff%t a ter its final passage, approval and publication as regaired by law. P.tssd and adopt611 thi; Vthday of ion. 1978. ,MooR ' / ATI'PSf: CI f:LFIli( ,f JULY6,1918 I ORDINANCE N0. 78-2907 AN ORDINANCE AMENDING ORDINANCE NO. 2527 , THE LARGE SCALE NON-RESIDENTIAL DEVELOPMENT ORDINANCE (CHAPTER. 9.52 OF TBE MUNICIPAL CODE) BY ADDING A PROVISION TO EiEg r TEt7PORARY BUILDINGS FROM ITS APPLICATION. SECTION I. PURPOSE. The purpose of this amendment is to exempt the construction or placement of temporary buildings on office, commercial or industrial sites from the requirements of the Large Scale Non -Residential Development Ordinance. SECTION II. AMENDMENT. Chapter 9.52 of the Municipal Code is hereby amended by adding the following section: Section 9.52.6 Temporary Buildings. A. Temporary buildings shall be exempt from the provision of this Chapter. For the purpose of this Chapter, a tempo- rary building shall be defined as a struc- ture which shall remain on the site for less than two years and its occupancy or use shall be limited to services which shall be per- formed temporarily for the owner of the site, such as construction. Temporary buildings shall not be occupied by the owner's personnel, or used to conduct owner's business or activity. B. It shall be unlawful to occupy or use the temporary building in violation of this section or to allow the building to remain on the site beyond the two years specified herein. If special circlunstances require an extension of the use, the Building Inspector may grant an extension not to ex- ceed six months. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Ordinance No. 78-2907 Page 2. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the vali– dity 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 be in effect after its final passage, approval and publication as required by law. Passed and adopted this 27thday of June 1978. MAYOR It was moved by Balmer and tended by deProsse that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X DeProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera First Consideration Moved by Balmer, seconded byNeuhauser, that the Vote for passage: rum requiring ordinances to be considered and voted on for passage at two Council meetings Second Consideration prior to the meeting at which it is to be Vote for passage: Fina'—fly passed be suspended, the first and second consideration and vote be waived, and Date of Publication the ordinance be voted upon for final passage at this time. Ayes: deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer. Nays: None. RECEIVED & APPROVED BY THE LEGAL DSPARTMT /Z6 �• /—//(^/(JJ/(// CIVIC CENTER. CITY Ii. WASHINGTON ON ST. V IOWA CRY, IOWA 6Y310 SI Y-3b1-16DD STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2908 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 27th day of June , 19 78 all as the same appears of recor n my office and publishedin the Press Citizen on the 6th day of July , 1978 Dated at Iowa City, Iowa, this 10th day of August , 19 78 AIL ie Sto us, C y Cler Printers fee$ /g0,5 - CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN 1, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto �attached, was published in said paper _ 1.4Z,2 times, on the following dates: Subscribed and sworn to before me this A day of A.D. 19-13—. *ryublic No 10 S' + R L .. _ . t., , OFFICIAL PUBI.ICAT ION OFPIINANCfi NO. 782908 AN MINA AMMINT: MINXN6 IA. n-Mltl 6y p Iw ITB Tiff P"I.V L4' M( ]=EI 1310 JS. IR7NIM 6 mlT AM1II Mo yni; IN J'ANN M iS DMIOAT D fYN Ilr(Y S QA.Y m' iNfiElfr NI: A WN MITI(N I0. 6.01.48 XW) NPI'-MIMi SIXT'ICN 6, 12.17 (F' (]GIINAYT( NI. n-: Sol AfID hNf I l NT.A T`IO%tISIQl} IN LIM TINAHB. SIYTItn 1, PLIUM:. Thi:: ordinanoe provides far the pa n�inatorend lin,.I s, rentor blcyclo,, a roPeda, in looking an+1a do- signatrd ror hicycle parking only. STSTlOy 2. AMF�T. TN r..I lowing x.'t lon, aFa l be lnnnrted into ordtnance !b. n -:2i35 and +hot read as fol lmwti: 6. Ot As M1SMIM BILYLTS. 1,101OR MMU. XtD M!1W. Nears a twos lad ironer wdicle with an engine tuving a di ylacammt ne heater It'. b0(pfty)ru1bic ccatenetemm as fixd by thv State of I., Department of Transpart3"'.a and not capable of operation at a speed in xeea,or 3b mi los per hear on level ground acee,ttstcd by howl plover. f. 12.17 1T111C IN 91(1'f — LkZ XVII NICI'CIJ: pAWnNG AN M. A. la,,,,o an herein prrrvlrkd m mrxnn shall drive a notor vehicle (an de(IMA by ao;- tirm 6.o1.w or tN- Municipal Catln) in a de 1,notl,d bicycle Wth, lana or parklry rei or punk any motor vehicle in such a path, lam or paining arra. This'shalI not prohibit the parking of a motorlsed bicycle. Imtor bicycle, or awed (as defined by suc- ,a. 6.01.48 of the Municipal Credo) in areas desiglatW ae bicyelw 1.1tiM arses. No persm eb,,ij arras a bicycle lane cenrpt after giviM the right-bf+uy to all bi- cycles within the lam. D. ni, 11.11 'Pr rflc f4pie,T 15 hereby authorised to a ,ct alliob pemdtt ia; motor vatic les to be Parked in a o-,- signatod bicycle laps. hicYele ,ath. lam or Parking ana daring speciri: toiwa and Sys. Met, sIbb sign — present motor v tliculaz pW'klag dull be paribittecl only thrlllg tb,we tan i wbtch ate alcc.fiully st'itod on the 30.T16N 3. RIDfllFJt. Section 6.4^.II of �tdjryyµ•L }. 72-- and all OtIger oocitone`S or sections thpraof in eeni let'Ilnith the Pro— visions of this ordi. arc hereby ngculed. SH"fION 4. yEVPpABIL1TY. If any Mian, pro- visidn pre ordinun9e sh¢11 h.:ul- jutlmd to be invalid or oevvbatitutianal such a,judicotion ,lull not arf•et the validity of the ordiwme we a wti or any suction; Pro- vision or part thereof not WUudgei invalid or onconsututional. 3FCPIQY b. t]TF.LTII� DATE. This ardlecroc 11 in a get a ter rte final passage. appreval and publication as required by law. Passed and approved thic 271,1I day of —j- 1978. Mayor t Attest-. �f U city C1 JULYa,1978 ORDINANCE NO. 78-2908 AN ORDINANCE-AWMING ORDINANCE N0, 77-2835 BY PROVIDING )FOR THE PARKING OF MOTORIZED BICYCLES, MO'T'OR BICYCLES AND MOPEDS IN PARKING AREAS DESIGNATED FOR BICYCLES ONLY BY INSERTING A NEW SECTION N0, 6.01.48 AND REPEALING SECTION 6,12,17 OF ORDINANCE NO, 772835 AND ENACTING NEW PROVISIONS IN LIEU THEREOF, SECTION 1, PURPOSE. This ordinance provides for the parking of motorized bicycles, motor bicycles, and -mopeds, in parking areas dem signated for bicycle parking only, "SECTION 2, AItOVIEfff, The following sections shall be inserted into Ordinance No, 772835 and shall read as follows: 6.01.48 MOTORIZED BICYCLE, MOTOR BICYCLE, AND MOPED, Means a two -wheeled motor vehicle withan engine having a displacement no greater than 50(fifty)cubic centimeters as fixed by the State of Iowa, Department of Transportation and not capable of operation at a speed in excess of 25 miles per hour on level ground unassisted by human power. 6,12.17 VEUICLES IN BICYCLES LANES AND BICYCLE PARKING AREAS. A. Except as herein provided no person shall drive a motor vehicle (as defined by sec- tion 6.01.20 of the Municipal Code) in a designated bicycle path, lane or parking area or park any motor vehicles in such.a path, lane or parking area. This shall not prohibit the parking of a motorized bicycle, motor bicycle, or loped (as defined by sec- tion 6.01.48 of the Municipal Code) in areas designated as bicycle parking areas. No person shall cross a bicycle lane except after giving the right-of-way to all bi- cycles within the lane, /27 Ordinance No:` 78-2908 Page 2, .� E3, The City Traffic Engineer is hereby authorized to erect signs permitting motor vehicles to be parked in a der signa.ted bicycle lane, bicycle path, lane or parking area daring specific times and days. When such signs are present motor vehicular parking shall be permitted only during those times which are specifically stated on the signs. SECTION 3. REPEATER, Section 6.12.17 of Ordinance No. 77-2-8Y5 and all other ordinances or sections thereof in conflict with the pro- visions of this ordinance are hereby repealed. SEMON 4, SEVERABILITY, If any section, pro- vision or part of the ordinance shall be ad- judged to be invalid or unconstitutional such adjudication shall not affect the validity of the ordinance as a whole or any section; pro- vision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFTECPIVE DATE, This ordinance shall be in effect after its final passage, approval and publication as required by law, Passed and approved this plhday of 1T 1978. yor Attest,- ity Clerk /2R Ordinance No, 78-2908 Page 3, It was moved by deProsse and seconded B�',' Erdahl that the ordinance be adopted, and upon roll call there were; AYES; NAYS: ABSENT; --,X- - Balmer —XT — deProsse Erdahl R-- Neuhauser Perret Roberts X Vevera 1st consideration: Moved by deProsse, seconded by Erdahl, that the Vote for passage; ruerequiring ordinances to be considered and voted on for passage at two Council meetings prior 2nd consideration: to the meeting at which it is to be finally passed Vote for passage: be suspended, the first and second consideration and vote be waived, and the ordinance be voted upon Date of Publication: for final passage at this time. Ayes: Balmer, e -3e rosse rdahl, Neuhauser, Perret, Roberts, Vevera. Nays: None. RECEIVED X APPROVED, BY TBE LEGAL D�'T+' �• CIVIC CENTER I10 E. WASHINGTON N ST. lI1I !!S?C KA7 IOWA CRY. IOWA 5772240 319354 1500 STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2909 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 11th day of July , 1918 , all as the same appears of recin my office and published in the Press Citizen on the 18th day of July , 19 78 Dated at Iowa City, Iowa, this 10th day of August 19 78 1 A ie &.L-tolfus, ty Clerk Printers fee E CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is her to attached, was published in said paperer times, on the following dates: Subscribed and sworn to before me this Al day of A.D.19-11— No Public No. A11I11 1 MAPN'ti' td MEYER * � MY COMMISSION EXPIRES SEPTEMBER 30, 1979 OFFICIAL PUBLICATION ORDINANCE M. 78-2909 AN CFD1NAR:E TO AMW MDIAM M. 78-7891 NECH ADfD®'Dg H118IM OCCURANLY AM MI317R ICE CME BY E3rAMJSWNG SEMM WAMWU PROnSIOtS. HE rr EXAMM by the City Council of the City of loss City, lore. awri(I 1. Most. The putpos, of this o s W am aW the Hw&itf; Ru@an and Wintenanoe Curie by nnaong Soctioo 9.30.30, Section 9.30.30, Section 9.30.30 and Section 9.30.3E of said ordinance to change all referenom of Order to Allow laspectim to Search Warrent, SUMON EI. AIADIOH n5. The Rouaiog mans Code is adeWed as follow, 1. Section 9.30.30 ie hereby amended to read as follows Right of lhtry. Wherever nereaeary to mate an inspection to enforvr any of the Pr vAions of the lousing Ctfe, or whenever the lWaing Inspector or his/her autborized representative hes reasonable rause to bo- 11aVs that there exists in uy dweinw, dwe111ng units. rooming units, stxvcturen, or Prennees any Condition anion askee aaCb Unit or premises in violation of any pro- vision of the 9aelag Code, or In repmae to a msplaint that an alleged violation of the provision of the Rousing Code or of applicable toles or regulations pirannt thereto MY mist, the loreing lnp for or bas/her authorized representative easy enter such mit or prmises at all reaeno- able times to inspect the same or to perform any drty iWesed upon the lousing Inspector by the Housing Cade: provided that if e� unit or Promises be otapied, be/she aWl first mete a reasonable effort to locate the caner or other person having Charge Or Control of the building or pramaess and re- quest entry. lie Honing Inspector m authorized representative shall at wwh tine: 1. Identity M If/betself and his/her position. 2. Explain wh, entry fa naught. 3. Evlain that the ower or other person having charge or mnirol of the promisee may refuse, adtb- out penalty, entry without a Search Warrant. 4, 8ulain that if entry ie rvf m , the lousing Inspeotor may apply to A Magistrate for a Btg[Ch Warrant. 2. Section 9.30.38 to hereby amended to read as follows: Search Warrant. The Housing Inspector is hereby ant ri to Conduct onnsmsial in- spections of say daelling witbis Ina City, Ione• w a reasonable and regular ihapectlomj brine or upon iequeet or c Iatot, in order to per- form the duty of safeguarding the health and safety of the occupants or the public. If ton - sept to inspect the building Is withheld by any person or persons havig the lawful right to exclude. the Horsing luepector awl apply to a W91atrate of the tow District Court an and for Johnson County for a Search Warrant of the building. 3. Sentim 9.3D.3D as hereby aaended to read ae follows: Penalty No owner or occupant or any other petro having rharg, rare or rcntrol of any daelling, dwelling unit, roaring mit, structure, pr prentses shall fall or neglect, after proseotatlm of a Search Watraat. to properly petmlt miry thereto by the Bu®ing Inspector or his/ber authorized repreeaebstive for the pupoee Of inspection and examimtlm pursuant to the louanrg Code. Any person violating this subilvlsim shall be fined not onre than $100 or IWrleaeed in County Jail for not n7re than thirty (30) days. - 9. Section 9.30.3F as hereby amended to read as follows: Rvidmce. Evidence Obtained by nae of a Sea" Warrant nay he used to effectuate the puposes and provisions of the Hoeain8 Code in any ensuing action hrought by the City for a violation of the Housing code. s"ICN'III. RBPFi1LM. All ntbw ordinances m Partsur�ievnm In conflict aitb the Provisions of the ordinance are he"by re- pealed. SWrION N. SAVL\l•E CiAeSE. It soy section• provision or part of the ordinance shall be adjudged Invalid or unconstitutional, ennd aQlutltnaticn shall not affect the validity of the ordinance as a whole or any section. Provision or part thereof not aQ7udged in- valid or umronstitutional. sslrrrla v. Frea�zve oda. ,� ems._ sM 1 e ant tar re final passage. approval and publication as required by law. Passed and approved this 11th day of July 1978. / e I J01y 18, 1978 ORDINANCE N0. 78-2909 AN ORDINANCE TO AMEND ORDINANCE NO. 78-2891 WHICH ADOPTED THE HCUSING OCCUPANCY AND MAINTENANCE CODE BY ESTABLISHING SEARCH WARRANT PROVISIONS. BE IT ENACTED by the City Council of the City of Iowa City, Iowa. SECTION 1. PURPOSE. The purpose of this ordinance is to amend the Housing Occupancy and Maintenance Code by changing Section 9.30.3C, Section 9.30.3D, Section 9.30.31) and Section 9.30.3F of said ordinance to change all references of Order to Allow Inspection to Search Warrant. SECTION II. AMENDMENTS. The Housing Occupancy and Maintenance Code is amended as follows: 1. Section 9.30.30 is hereby amended to read as follows: Right of Entry. Wherever necessary to make an inspection to enforce any of the provisions of the Housing Code, or whenever the Housing Inspector or his/her authorized representative has reasonable can to be- lieve that there exists in any dwelling, dwelling units, roaming units, structures, or premises any condition which makes such unit or premises in violation of any pro- vision of the Housing Code, or in response to a complaint that an alleged violation of the provision of the Housing Code or of applicable rules or regulations pursuant thereto may exist, the Housing Inspector or his/her authorized representative may enter such unit or premises at all reason- able times to inspect the same or to perform any duty imposed upon the Housing Inspector by the Housing Code; provided that if such unit or premises be occupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and re- quest entry. The Housing Inspector or authorized representative shall at such time: -3d Ordir. No. 78-2909 Page 2. 1. Identify himself/herself and his/her position. 2. Explain why entry is sought. 3. Explain that the owner or other person having charge or control of the premises may refuse, with- out penalty, entry without a Search Warrant. 4. Explain that if entry is refused, the Housing Inspector may apply to a Magistrate for a Search Warrant. 2. Section 9.30.3D is hereby amended to read as follows: Search Warrant. The Housing Inspector is hereby authorized to conduct consensual in- spections of any dwelling within Iowa City, Iowa, on a reasonable and regular inspectional basis or upon request or complaint, in order to per- form the duty of safeguarding the health and safety of the occupants or the public. If con- sent to inspect the building is withheld by any person or persons having the lawful right to exclude, the Housing Inspector shall apply to a Magistrate of the Iowa District Court in and for Johnson County for a Search Warrant of the building. 3. Section 9.30.3D is hereby amended to read as follows: Penalty. No owner or occupant or any other person having charge, care or control of any dwelling, dwelling unit, rooming unit, structure, pr premises shall fail or neglect, after presentation of a Search Warrant, to properly permit entry therein by the Housing Inspector or his/her authorized representative for the purpose of inspection and examination pursuant to the Housing Code. Any person violating this subdivision shall be fined not more than $100 or imprisoned in County Jail for not more than thirty (30) days. 4. Section 9.30.3F is hereby amended to read as follows: /j/ Ordinance No. 78-2909 Page 3. Evidence. Evidence obtained by use of a Search Warrant may be used to effectuate the purposes and provisions of the Housing Code in any ensuing action brought by the City for a violation of the Housing Code. SECTION III. REPEALER. All other ordinances and parts of ordinances in conflict with the provisions of the ordinance are hereby re- pealed. SECTION IV. SAVINGS CLAUSE. If any section, provision or part of the 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 in- valid or unconstitutional. SECTICN V. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 11th day of July 1978. / �� • y' /13a Ord. No. 78-2909 It was moved by Perret , and seconded by Roberts that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration Moved by Perret, seconded by Roberts, that Vote for passage: the rule requiring ordinances to be con- sidered and voted on for passage at two Council meetings prior to the meeting at Second consideration which it is to be finally passed be sus - Vote for passage: pended, the first and second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, Perret, Roberts, Vevera, Balmer, deProsse. Nays: none. Absent: Neuhauser. RECEIVED & APPROVED BY THE LEGAL DEPARTMENT 133 �•'`/nJ,'/ /vn}////}�'/ CIVIC CENTER, NO E. WASHINGTON 5T. IOWA CITU. IOWA 5410 319 -354 -IBM STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2910 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 11th day of July , 19�, all as the same appears of recor in my office and published in the Press Citizen on the 18th day of July , 1978 Dated at Iowa City, Iowa, this 10th day of August 19 78 . , Abbie Stolfus, C ty Cler A Printers fee $ '/z CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper_ times, on the following dates: If lq,7-rg r J Cashier Subscribed and sworn to before me this day of A.D.19—IL—. N ry Public No.3 iJl(_ �`;`S MARTINA M. MEYER * MY COMMISSION EXPIRES ra�N SEPTEMBER 30.1979 OFFICIAL PUBLICATION ORDINANCE NO. 78-2910 AN ORDINANCE VACATING STREETS AND ALLEYS WITHIN THE URBAN RENEWAL PROJECT AREA BE IT OROAIWEPBY THE CITY COUNCIL OF THE CITY OF INA CITY, IOWA. Section 1. That the streets and alleys in Iowa [LiySe-ano the same are hereby vacated. 1. College Street from the easterly right-of-way line of Capitol Street to the westerly right-of-way line of Clinton Street, Augrsa I, 1978. 2. The Block 8A alley frgn the easterly right-af-way line of Capitol Street to the weserly tright-of-way line of Clinton Street, August 1, 1978. ' 3. The Block BI alley from the easterly right-of-way line of Capitol Street to the westerly right-of-way line of Clinton Street. August 1, 1978. A. The Block 64 alley from the easterly right-of-way line of Dubuque Street to the westerly right-of-way line of Linn Street, August 1, 1978. Section 2. If any section, Drovision cr Dart of iii h... shall be adjudged to be invalid or unconstitutional, such adjudication shall hot affect the validity of the Ordinance as a whole or any action, provision or Dart thereof not adjudged , I valid or unconstitutional. Section 3. This Ordinance shall to in effect after tis TFn7 as sage, approval and Wbl ica ti on as required by law. . Passed and approved this 11th day of July , 1978. ATTEST:[R4 v July IB, 19fe I Ovd. Fi, ORDINANCE NO. 78-2910 AN ORDINANCE VACATING STREETS AND ALLEYS WITHIN THE URBAN RENEWAL PROJECT AREA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. Section 1. That the streets and alleys in Iowa C t-y�e and the same are hereby vacated. College Street from the easterly right-of-way line of Capitol Street to the westerly right-of-way line of Clinton Street, August 1, 1978. 2. The Block 84 alley from the easterly right-of-way line of Capitol Street to the westerly right-of-way line of Clinton Street, August 1, 1978. 3. The Block 83 alley from the easterly right-of-way line of Capitol Street to the westerly right-of-way line of Clinton Street, August 1, 1978. 4. The Block 64 alley from the easterly right-of-way line of Dubuque Street to the westerly right-of-way line of Linn Street, August 1, 1978. Section 2. If any section, provision or part of t ii—s Ordnance 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 3. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 11th day of July 1978. �� 4 1 ' 1 I 1 ' li Ordinance No. 78-2910 It was moved by deProsse and seconded by Page 2 Perr that the Ordinance be adopted, an upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera lst consideration 6/27/78 Vote for passage: Ayes: Neuhauser, Vevera, Balmer, deProsse, Erdahl. 2nd consideration Vote for passage: 3rd consideration Vote for passage: Perret, Roberts, Nays: None. Absent: None. Moved by Balmer, seconded by Roberts, that the rule requiring ordinances to be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Roberts, Vevera Balmer, deProsse, Erdahl, Perret. Nays: none. Absent: Neuhauser. RECEIVED b APPROVED BY THE 1L'EG-AT DEPARTlC+;BT a GuuNn1� L / 3.5" ., n i4 �' � � •�3��E�-i i. � 4 � � r'� � k4 - ii �t ryj �Zvd b i C j iM+ r i *may Jy� - ��e is rc 1f1JwIfle? .- i c.-i. - i. < 'iY` �_ � F TF. '_ Jiyo3dJ'pi4 j --------- Y � M j.ArUJ,} JslS�JV 1�'x_ SL "i $JLEV�+yl S ! —._ _ . _ _ _ . _ _ _ __.__ , .0 -y. .$ �vn t1 C' ,&Iwco gbb c1'ze ELg9PJ 1 ilo ;Q.. n YTez: ,�aeµn2sk*w+¢ }3nd'. r r rt e! �J! :f ll'.W�•_ 'T— _ __ _._. 4L �f`-1 �$ L ORDINANCE NO. 78-2911 AN ORDINANCE AMENDING ORDINANCE NO. 75-2774 (CHAPTER 3.14 OF THE MUNICIPAL CODE OF IOWA CITY, IOWA), BY CHANGING THE MANNER IN WHICH SANITARY SEWAGE SERVICE CHARGES ARE DETERMINED FOR PROPERTIES WITH PRIVATE WATER SUPPLIES. SECTION I. PURPOSE. The purpose of this ordinance is to provide for installation of water meters on private water supplies to facilitate the determination of ser- vice charges for the discharge of such water into the Iowa City sanitary sewer system. Meter maintenance charges shall be set by resolution. SECTION 2. AMENDMENT. Chapter 3.14.1(E) of the municipal code of Iowa City, Iowa is hereby amended to read as follows: E. If any persons, corporations, political subdivision, and organizations, governmental subdivision and units, discharge water into the Iowa City sanitary sewer system from private wells or sources other than the City of Iowa City water system, the following conditions shall apply: a. A water meter shall be installed by the City of Iowa City in the piping system of the private water source. The cost of plumbing modification and cost of meter in- stallation shall be borne by the well owner. The meter will be owned by the City of Iowa City. b. The well owner shall pay a monthly fee for maintenance of the meter. This monthly maintenance fee shall be pay- able on a six month or 12 month basis as desired by the well owner. The monthly charge for meter maintenance shall be deter- mined by resolution. C. This subsection shall not apply in any instances wherein state agencies or institu- tions have entered into an agreement with the City of Iowa City concerning service charges for the discharge of water into the Iowa City sanitary sewer system. 134 Ord ce No. 78-2911 Page 2, SECTION 3. AMMMENT. Section II. Measured By Water Usage is hereby amended to read as follows: SECTION II MEASURED BY WATER USAGE. The service rate shall be applied to the quantity of waste used and discharged into the sewage system of said city as determined by the water meter readings of the Department of Public Works of Iowa City, Iowa. If it is deter- mined that it is infeasible to meter private water supplies, an estimate of the quantity of water discharged into the sewer system from private water supplies shall be deter- mined by the Director of Public Works. The feasibility of metering private sources of water shall be determined by the Director of Public Works. Any person aggrieved by the deter- mination of the Director of Public Works may appeal said determination to the City Manager or his/her designee pursuant to the Iowa City Administrative Procedure Code. SECTION 4. REPEALER. All ordinances and.parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 5. SEVERABILITY. If any section, provision, or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the vali- dity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 6. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. 197 Ordinance No. 78-2911 Page 3. Passed and adopted this 25 th day of July, 1978. R BER VEVERA, MAYUR ATTEST: A ff B aIEE STOLF U S, CITY 6RK It was moved by deProsse and seconded by a mer that the Ordinance be adopted, and upon roll call there were: x Balmer x deProsse x Erdahl x Neubauser x Perret x Roberts x Vevera 1st consideration 6/27/78 Vote for passage: Ayes: Vevera, Balmer, deProsse, Erdahl, Neuhauser, Perret. Nays: Roberts. Absent: None. 2nd consideration 7/11/78 Vote for passage: yes: deProsse, Erdahl, Perret, Vevera, Balmer. Nays: Roberts. Absent: Neuhauser. Date of Publication 13 O � • �'�J,'/ /vnj/////}�,/ CIVIC CENTER 410E WASHINGTON ST. ITU., 52240 IOWA CIOWA SPt�O 710.7M-1lW STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2911 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 25th day of July , 1978 all as the same appears of record in my office and published in the Press Citizen on the 1st day of August , 1978 Dated at Iowa City, Iowa, this 6th day of November 1978 i I Printers fee ;� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper times, on the following dates: Cashier Subscribed and sworn to before me this 1 day of A.D.19—IL—. Notary Public Noi JILLL LUL, i 67AkilA:;+ tr1 MEYER NV r.CMMiSS10N EXPIRES SEPTEMBER 30, 1919MMMMMA OFFICIAL PUBLICATION 010I..A N0. 78-2911 AN fAID1NAtCe AMRgnRO O✓flnLV M 7SM4 (CHAPM 3.14,CP '113£ W 41171PAc COW OF ION eM TWA), W CKANGINO TM£ MAW= IN shin SANI'M MAGE RMVIfE CROME A££ DITEIRSNm I11R PFdPAMM VM PRIVATE WAM Sl@PLTEB. =M 1. PuRpo1E. The popose Of this ion to w ptuide for inetallatim Of rater seters on, prlaate water soplim to facilitate the detmml-tion of aer- vim charges for the dtadiatgc of Itch rater into the Iowa City sanitary msec systoa. Meter—intcnanm charges shall be set by remlot.. SiLTIa' 2. AIBTd]@1f. Chapter 3.14.1(£) of of Io- City, Iowa is hereby auunded to read as follaru: £. If any persons, rovporatlooe. politiW subd/vtaim, sod orgavia[iwa. go-renanntal .—tviaioo and unite, d3ernarge water Into Ue Itsa City aenitary sewer sysma frtm private cells or swrces other when the City Of {pas City water s,stne. the following conditions- sball apply: I. A aster mater shall be Imtalled by the City of Iwo City In the pipin, Sat® of tha private sitar source. The coat of Pl,nbiag nixdlfim[1on aid met of miar In- stallation shall be bons by the cell Oster. The ester will be ossai by the City of Iwa City. b. Tee well weer shall pay a smthly fee for neinvtance of the ®ter. This santhly maintenance fee shall he M- able on a six sm[h or 12 month basis as dgsLed by the .11 Inter. 'The monthly charge for mater asuntmm,ce shall be deter- mined by resolution. This sunnertim stall not apply in any inatenr,:rg ahereia state y nein or Institu- tions have edwrel into an agreamnt lith the City of Iowa City mncerning service dar7aes for the dxenbsrgc of water into the Iwo City sanitary emrer syatan. Sf 1013. AMEIOA . Smtlon fl, lessor , %tar is hereby amendsU to read an fell. SlY M II MFASf111ED By HATER f13. ihn sery m rate 1 be alp to the quantity of caste usetl and dlsrLargtd into the tango =Yema of said city as determined by the water meter readings of the Otpsnaeot of public *Irl8 of Inas City, rasa. If it Is deter- ' etion that it 3s iiifeoelble to -ter private anter supplies, - esilm m of the grntity Of rater dl6{ytgai into tbY aL1w:r eyatm fron private -ter supplies shall be date, reload by the Directs of public oris. The feasibility of metering private soar. of water sialI be Bete -fled by tte Direetor of P11,111 abrls. Any Perm aggrtevenl by the dster- mtoatim of Ina liirectnr of Public ohs ,mY spines] said to the City Manger or hLI/her dastgnee pure,mnt W the Iwo City AdninistratIsr proor oe (ode, S ION 9. 81PF91F1t. All ordinances sod parts of conflict wire tba Ptovlalcm of this oriinama are -reby repealod. 9CTICN 5. 3EV0MII,rrf If any sorties provislm, or part o [he oldinaere anal be adjudged fe be invalid or wmoatltutfmal, such adjudication shall not affect the vali- dity, of the 0,biesum as a Wale on any aectfon, provision or part tharoof not adjlalgad invalid or mmm[3tutiaral. e=M R. EFFWrIV£ M This ordt-ore shall ba in a act a ter its f cal passypa, approval mW Pon eatlon an required by law. SPceaed and Wopted tons 25N day a[. ,,elyy, ATTEST; Q�D August I, )928 ORDINANCE NO. 78-2912 AN ORDINANCE TO AMEND ORDINANCE NO. 77-2859 WHICH ADOPTED THE UNIFORM BUILDING CODE STANDARDS, 1976 EDITION AND THE UNIFORM BUILDING CODE, 1976 EDITION SUBJECT TO CERTAIN AMENDMENTS. BE IT ENACTED by the City Council of the City of Iowa City, Iowa. SECTION 1. PURPOSE. The purpose of this ordinance is to amend the Uniform Building Code by deleting S 304(d)(3) which requires inspections of lath and/or wallboard, by adding S 421 which defines a truss, by adding S 1718 to eliminate field changes in trusses without engineering approval, by adding a second exception to S 3305(j) which will exempt stairways having less than four risers from the requirement of handrails, and by adding a Chapter 11 to the appendix which specifies construction for covered mall buildings. SECTION II. AMENDMENTS. The 1976 Edition of the Uniform Building Code is amended as follows: Section 304(d) is hereby amended to read as follows: (d) Required Inspections. Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining the approval of the Building Official. The Building Official, upon notitifi- cation from the permit holder or his agent, shall make the following inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his agent wherein the same fails to comply with this Code. FOUNDATION INSPECTION: To be made after trenches are excavated and forms erected and when all materials for the foundation are delivered on the job. Where concrete from a central /j9 Ord. #78-2912 Page 2 mixing plant (commonly termed "transit mixed") is to be used, materials need not be on the job. FRAME INSPECTION: To be made after the roof, all framing, fire -blocking, and bracing are in place and all pipes, chimneys, and vents are complete. FINAL INSPECTION: To be made after building is completed and ready for occupancy. 2. Section 421 is hereby amended to read as follows: Section 421. TRUSS is a pre -built and engineered component employing one or more triangles in its' construction that functions as a structural support member. Section 1718 is hereby amended to read as follows: TRUSSES. Sec. 1718. Preparation, fabrication, and installation of trusses shall conform to accepted engineering practices and to the require ments of this code. No alterations, including but not limited to cutting, splicing, or removal of webs, gussetts, or chords, shall be made without approval of a certified engineer and the building official. Any alterations not acceptable to the building official shall be ordered removed. Section 3305(j) is hereby amended to read as follows: (j) HANDRAILS. Stairways shall have handrails on each side, and every stairway required to be more than 88 inches in width shall be provided with not less than one intermediate handrail for each 88 inches of required width. Intermediate handrails shall be spaced approxi- mately equal within the entire width of the stairway. /yo Ord. #78-2912 Page 3 Handrails shall be placed not less than 30 inches nor more than 34 inches above the nosing of treads. They shall be continuous the full length of the stairs and except for private stairways at least one handrail shall extend not less than 6 inches beyond the top and bottom risers. Ends shall be returned or shall terminate in newel posts or safety terminals. EXCEPTION #1: Stairways 44 inches or less in width and stairways serving one individual dwelling unit in Group R, Division 1 or 3 Occupancies may have one handrail, except that such stairways open on one or both sides shall have handrails provided on the open side or sides. EXCEPTION #2: Stairways having less than four risers need not have handrails. Handrails projecting from a wall shall have a space of not less than 12 inches between the wall and the handrail. 5. Chapter 11 in the appendix is hereby amended to read as follows: Chapter 11 COVERED MALL BUILDINGS GENERAL Sec. 1110. (a) Purpose. The purpose of this Chapter is to establish minimum standards of safety for the construction and use of covered mall buildings. A// Ord. #78-2912 Page 4 (b) Scope. The provisions of this Chapter shall apply to buildings or structures defined herein as covered mall buildings. EXCEPTION: When approved by the Building Official, the following uses need not comply with the provisions of this Chapter: 1. Terminals for transportation facilities. 2. Foyers and lobbies of hotel, apartment and office buildings. 3. Buildings need not comply with the provisions of this Chapter when they comply totally with all other applicable provisions of this code. (c) Definition. For the purpose of this Chapter, certain terms are defined as follows: COVERED MALL BUILDING is a single building enclosing a number of tenants and occupancies such as retail stores, drinking and dining establishments, entertainment and amusement facilities, offices and other similar uses wherein two or more tenants have a main entrance into one or more malls. ANCHOR STORE is an exterior perimeter department store or major merchan- dising center having direct access to a mall but having all required exits independent of a mall. GROSS LEASABLE AREA is the total floor area designed for tenant occupancy and exclusive use. The area of tenant occupancy is measured from the center lines of joint par- titions to the outside of the tenant walls. All tenant areas, including areas used for storage, shall be included in calculating gross leasable area. /y-2 Ord. No. 78-2912 Page 5 MALL is a roofed or covered common pedestrian area within a covered mall building which serves as access for two or more tenants. OCCUPANT LOAD is the total number of persons that may occupy a building or portion thereof at any one time. (d) Applicability of Other Provisions. Except as specifically otherwise required by this Chapter, covered mall buildings shall meet all applicable provisions of this Code. SPECIAL PROVISIONS Sec. 1111. (a) Automatic Fire -extinguishing Systems. The covered mall building shall be provided with an automatic fire -extinguishing system conforming to the provisions of U.B.C. Standard No. 38-1. In addition to these Standards, the automatic fire -extinguishing system shall comply with the following: 1. All automatic fire -extinguishing system control valves shall be electrically supervised by an approved central, proprietary or remote station or a local alarm service which will give an audible signal at a constantly attended location. 2. The automatic fire -extinguishing system shall be complete and operative throughout all occupied space in the covered mall building prior to occupancy of any of the tenant spaces. The level of pro- tection provided for unoccupied tenant space shall be subject to the approval of the Building Official and Fire Department. The respective increases for area and height for covered mall buildings, including anchor stores, specified in Section 506 and 507 of this Code shall be permitted. (b) Standpipes. There shall be a standpipe outlet connected to a supply capable of delivering 250 gallons per minute at each of the following locations for Fire Department use: A13 Ord. No. 78-2912 Page 6 1. Within the mall at the entrance to an exit passage or exit corridor. 2. At each floor level landing within enclosed stairways opening directly onto the mall; and adjacent to principle exterior entrances to the mall. 3. Standpipes shall be installed in accor& ance with the requirements of Chapter 38 of this Code. EXCEPTION #1: Risers and laterals of dry standpipe systems not located within an enclosed stairway need not be protected by a degree of fire resistance equal to that required for vertical enclosures in the covered mall building. EXCEPTION #2: In buildings where more than one standpipe is provided, they need not be interconnected. EXCEPTION #3. Piping may be hydraulically sized. (c) Smoke Control Requirements. 1. Purpose. The purpose of smoke control is to restrict movement of smoke to the general area of fire origin and to maintain means of egress in a usable condition. 2. General. The smoke control system shall be activated by operation of either the sprinkler system, smoke detectors, or manually subject to approval of the Building Official. Smoke detectors shall be provided within the return air portion of an air-conditioning system and on the tenant side at openings between tenant spaces and the mall. Actuation of either a smoke detector or the sprinkler system shall cause the air supply to the air-condition- ing zone in which the fire occurs to shut down. During those hours when the air-conditioning system is Ord. No. 78-2912 Page 7 not operating, smoke detector or sprinkler actuation will transmit an alarm only as required in subsection (a), Item 1 of this Section. 3. Mall venting. The mall shall have smoke removal capability installed in or near the roof. Such facility may be either natural or mechanical. 4. Acceptance and testing. Before the smoke control system is accepted by the Building Official, it shall be tested in his presence to confirm that the system is operating in compliance with the requirements of this subsection. (d) Fire Department Access to Equipment. Rooms or areas containing controls for air- conditioning systems, automatic fire - extinguishing systems, or other detection, suppression or control elements shall be identified for the use by the Fire Department. (e) Tenant Separation. Each tenant space shall be separated from other tenant spaces by a wall having a fire -resistive rating of not less than one hour. The separation wall shall extend from the floor to the underside of the ceiling. Except as required by other provisions of this Code, the ceiling need not be a fire -resistive assembly. A separation is not required in attic spaces above tenant separation walls nor is a tenant separation wall required between any tenant space and a mall, except for occupancy separations required by Section 1113. (f) Public Address System. When a public address system is provided, the system shall be made accessible to the Fire Department. (g) Internal Plastic Panels and Plastic Signs. Within every story or level and from side wall to side wall of each tenant space or mall, approved plastic panels and signs shall be limited as follows: ASS Ord. No. 78-2912 Page 8 1. They shall not exceed 20 percent of the wall area facing the mall; 2. They shall not exceed a height of 36 inches except that if the sign is vertical then the height shall not exceed 96 inches and the width shall not exceed 36 inches; EXITS 3. They shall be located a minimum distance of 18 inches from adjacent tenants; 4. All edges and the back shall be fully encased in metal. (h) Lease Plan. Each covered mall building owner shall provide both the Building and Fire Departments with a lease plan showing the locations of each occupancy and its exits after the Certificate of Occupancy has been issued. Such plans shall be kept current. No modifications or changes in occupancy or use shall be made from that shown on the lease plan without prior approval of the Building Official. (i) Mixed Type of Construction. Openings between an anchor store of Types I, II F.R. or II one hour construction, and the mall or other leased tenant space need not be protected. Sec. 1112. (a) General. Each tenant space and the covered mall building shall be provided with exits as required by this Section and Chapter 33 of this Code. Where there is a conflict between the requirements of Chapter 33 and the requirements of this Section, the requirements of this Section shall apply. (b) Determination of Occupancy Load. The occupant load permitted in any individual tenant space in a covered mall building shall be determined as required by Section 3301(d) of this Code. Exit requirements for individual tenant spaces shall be based on the occupant load thus determined. Ord. No. 78-2912 Page 9 The occupant load permitted for the covered mall building, assuming all portions, including Individual tenant spaces and the mall to be occupied at the same time, shall be determined by dividing the gross leasable area by 30 for covered mall buildings containing up to 150,000 square feet of gross leasable area; by 40 for covered mall buildings containing between 150,001 and 350,000 square feet of gross leasable area, and by 50 for covered mall buildings containing more than 350,000 square feet of gross leasable area. Exit requirements for the covered mall building shall be based on the occupant load thus determined. The occupant load of anchor stores opening into the mall need not be included in computing the total number of occupants for the mall. (c) Number of Exits. Each individual tenant space in covered mall buildings shall be provided with the number of exits required by Section 3302(a) of this Code. In addition to the requirements of Sec3302(a), whenever the distance of travel to the mall within any tenant space used by persons other than employees exceeds 75 feet, not less than two exits shall be provided. (d) Arrangement of Exits. Group A, Divisions 1, 2 and 2.1 Occupancies, other than drinking and dining establishments, shall be so located in the covered mall building that their entrance will be immediately adjacent to a principal entrance to the mall and shall have not less than one-half of their required exits opening directly to the exterior of the covered mall building. Required exits for anchor stores shall be provided independently from the mall exit system. The occupant load of anchor stores opening into the mall shall not be included in determining exit requirements for the mall. Malls shall not exit through anchor stores. Malls terminating at an anchor store where no other means of exit has been provided shall be considered as a dead end mall. A/7 Ord. No. 78-2912 Page 10 (e) Distance to Exits. Within each individual tenant space in a covered mall building the maximum distance of travel from any point to an exterior exit door, horizontal exit, exit passageway, enclosed stairway or entrance to the mall shall not exceed 200 feet. The maximum distance of travel from any point within a mall to an exterior exit door, horizontal exit, exit passageway, or an enclosed stairway shall not exceed 200 feet. (f) Access to Exits. When more than one exit is required, they shall be so arranged that it is possible to go in either direction from any point in a mall to a separate exit, except for dead ends not exceeding a length equal to twice the width of the mall measured at the narrowest location within the dead-end portion of the mall. The minimum width of exit from a mall shall be 66 inches. When exit passageways are present to provide a secondary exit from a tenant space, doors to the exit passageway shall be one-hour fire doors. Such doors shall be self-closing and be so maintained or shall be automatically closing by smoke detection. Storage is prohibited in exit passageways which are also used for service to the tenants. Such exit passageways shall be posted with conspicuous signs so stating. (g) Malls. For the purpose of providing required egress, malls may be considered as corridors, but need not comply with the requirements of Sections 3304(g) and 3304(h) of this Code when the width of mall is as specified in this Section. The minimum width of a mall shall be 20 feet. There shall be a minimum of 10 feet clear width to a height of 8 feet between any projection from a tenant space bordering the mall and the nearest kiosk, vending machine, bench, display, or other obstruction to A/F Ord. No. 78-2912 Page 11 egress. The mall shall be sufficient to accommodate the occupant load immediately tributary thereto. Malls which do not conform to the requirements of this Section shall comply with the require- ments of Sections 3304(8) and 3304(h) of this Code. (h) Security Grills and Doors. Horizontal sliding or vertical security grills or doors which are a part of a required means of egress shall conform to the following: 1. They must remain secured in the full open position during the period of occupancy by the general public. 2. Doors or grills shall not be brought to the closed position when there are more than 10 persons occupying spaces served by a single exit or 50 persons occupying spaces served by more than one exit. 3. The doors or grills shall be openable from within without the use of any special knowledge or effort when the space is occupied. 4. When two or more exits are required, not more than one-half of the exits may be equipped with horizontal sliding or vertical rolling grills or doors. OCCUPANCY Sec. 1113. (a) General. Covered mall buildings shall be classified as Group B, Division 2 Occupancies and may contain accessory uses consisting of Groups A, E or R, Division 1 Occupancies. The area of individual accessory uses within a covered mall building shall not exceed three times the basic area permitted by Table No. 5-C of this Code for the type of construction and the occupancy involved. The aggregate area of all accessory uses within a covered mall building shall not exceed 25 percent of the gross leasable area. Ord. No. 78-2912 Page 12 An attached garage for the storage of passenger vehicles having a capacity of not more than 9 persons and open parking garages may be considered as a separate building when they are separated from the covered mall building by an occupancy separation having a fire endurance time period of at least 2 hours. (b) Mixed Occupancy. Individual tenant spaces within a covered mall building which comprise a distinct "Occupancy," as described in Chapters 5, 6, 7, 8, 11, 12 and 13 of this Code, shall be separated from any other occupancy as specified in Section 503(d) of this Code. EXCEPTION: A main entrance which opens onto a mall need have no separation. SECTION III. REPEALER. All other ordinances and parts of ordinances in conflict with the provisions of the ordinance are hereby repealed. SECTION IV. SAVINGS CLAUSE. If any section, provision or part of t e 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 be in effect after its final passage, approval and publication as required by law. Passed and approved this 25th day of f 197 MAYOR ralwUMPFOF 4 Xl�� Ordinance No. 78-2912 Page 13 It was moved by deProsse and seconded by Erdahl that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: x x x x ABSENT: Balmer deProsse Erdahl x Neuhauser Perret Roberts Vevera 1st consideration: Moved by deProsse, seconded by Perret, that the Vote for passage: 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 2nd consideration: suspended, the first and second consideration and Vote for passage: vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Perret, Roberts, Vevera, Balmer, deProsse, Erdahl. Nays: none. Absent: Neuhauser. • �• /ny%//j// CIVIC CENTER 110 E. WASHINGTON ST. p" V # IOWA 10-3 IOWA 54410 SIB -0511800 STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78_2912 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 25t�day of July , 1978 , all as the same appears of recor in my office and published in the Press Citizen on the 5th day of August , 1978 Dated at Iowa City, Iowa, this 6th day of November 1978 Abbie Stolfus, City Clerk Oka. I)Q9-L ! - OFFICIAL'PUBLICATION th Aane I (c) Defieutim. For the purpose '} yy - _ ORDINANCE Me. 7B-29121: Chapter 11 (c) $Cooke Control P^..u.; al,enb. ,-- hfaciInstalled roof. Such it 1n or nor no roof. Such Taci11LY COVERED MALL BUILDINGS I 1. .i The ;.,;e of smote AM ORDINANCE TO AMEND ORDINANCE U r .may be either natural, or mechanical. Can trot control is in restrict aavepant of Ias M0. 77-2959 WiICN ADOPTED INE UNIFORM BUILDING CODE STANDARDS, I GENERAL f 1 , smate to the generalearee of fire 1976 11E r -Sec. origin and W maintain morns of egr,ns in a Usable condition. IMGEDITION BUILDn 76 EDITUNIFION CODE. 1976 EDITION 1110. this ratiee free the permit older or his agent, shall eke the following SUSJ%T6 SUBJEl'AT TD CERTAIN AMENDMENTS. M establiPurposesh minimThii-pum LMPbr is estebl tech i standards er n ti d of covered 2. Sneral. The Snake control systeB f BE IT ENACEDgy W City Council of W City of lows City, Iowa. SECTION 1. PURPOSE. The Purpose Of this ordinance Is On thhiUniiform Building Code by deleting 5 304(d)(3) which reWlms Inspection; of lath A.Oor wellhaard. by adding S 421 which defines a truss, by adding S 1718 to eliminate. field changes in bmsa without mgiM myy approval, by adding a saved exception, to 5 3305 1]) Which will exempt 'sbinyrs havin less than four risen from W .requiremet of headmils, aha by adding a Chapter 11 to W appendix which specifies mostructim for mvered=11 buildings. CTt01 II AIENOEllI2. TM 1976 Edition of the reran eprnmnrg wa was avoided a follows: 1. Section 304(d) 1s herby amended to. read safety for a tonstruc an and use mall buildings. (b) Scope. The provisions of this I 1 Chapter shall apply to. buildings or structures defined bereen ss Covered all buildings. ' EXCEPTION: Nen approved by no Building Official, W following uses Med not comply win the Provisions of this Chapter: 1. Terminals far transportation facllitfes. 2.. Foyers and lobbles of Panel. apartment and office buildings. 3. Buildings need Pot comply with r W. Previsions of this Chapter who they comply totally: win all other applicable provisims I r of this code. no n of an on the or Ula sprinkler system shell cause the air supply to vee air-caMltim. Ing zone in vilch the fire oc.On to shut down. During those hours When the air-conditioning system Is required in Ito 1. of this as follows. I (c) Defieutim. For the purpose '} 3. Mall venting. The all shall have I seoke novel f (d) Remtred IMpecttons, of this Cha ter, certain tam are defined as p hfaciInstalled roof. Such it 1n or nor no roof. Such Taci11LY Reinforcing steel or structural fnwsmrt of any part of any building !allows: r r .may be either natural, or mechanical. I or structure shell .not be covered or nncealrol first COVERED MAIL BUILDING is a -single L'- building nddi siM a'numhec of 4. Acceptanceandtesting. the al of ding Official ' W approval of W Building Official � teeanb Cop mmponcles such as accepted smote contial system 1s accepted by I ihis0/reseale it shall 1 The Building Official, upon Mtitlfi- serail sura, drinking Led dining I atatellsMmtt. onbrbiws t and tested inthe s Presence at ng in that Me system is operating 1n ratiee free the permit older or his agent, shall eke the following avnsevat facilities, offices and I or crmpTterce with the requirements 01 Inspection and shall either approve le other sifllar usa:whaMn;tws mora bots have a'min entrance - cots subsection. Wt portion of the construction as I s i ionto ante or Gore ells. (d) Ftre. Department Access Equipment. ' dieted hi shalt ratify coo peteit falls Cor his agwit baninC ted came ` S70RE is an Perimeter ' ANCHdeps. .Penes oranges mems, au9 ticfi for a1ry controls conditioning systems, mor other fere-. - fails b comply with this cal. D Sajor w wsaccess 1panbmt sten ong sysbss, or Ober detection, � 1. FOUNDATION INSPECTION:. To be dire l So a S canter having direct ra access So a wsll but having all required , suppression identified or The use by Mete shall be identified for LM use by taw Fire Department. sada after trenches nexcavates re excava + rafts independent of a wall.. Send forms fted and wast all ora red an ' am ( f�5 LEASABLEdes AGFA Is the Coll '(e) l be s paratedfro Each tenant eren space ' ural el separated ' 9rem over tenant spares d lis an lliwsrM m W ]n. ad Jan. floor area designed for Leantparabd wellhaving a fuse-rMe sive rating of I Wee concrete free a central li occupancy and exclusive use.. The Pat Pat less than we hour. The separation veil . be mtrang plant f') from of Nance occupancy, is aaur-d shall extend five the underside I. to use materiel mixed') is to nn, used, fru ns cater lints of ]tint par- r of vie Except Other Extede a t IS eq by ober materials need not M on the 1 tittms el W outset of are ons ofp. Provisions of this lode, the reel tug Coed not e calling job. tmont ng le. All tewsnt aeras, ihalmdleg abs used ted M a Tire -resistive attic sac A separation is not in attic sprees alive brant 2. INSPECTION: To. an, mode uterine, shall Included 7n, ulmlettoq ion we] I separation wills. nor is A. tenant separation aPRAKEfter after 1. roof, all facing¢, gross Ta area. Ire-b7e anhq, aha mne s a cele MALL is a roofed covered wdl regal twsen any commit spans and a pipes,ch In piece and all pipes, chimneys, n erect arm it covered wall, except for acmpancy separations required end vents are craplate. ch seg a _ - - M71 butidtng WFlch serves as all Wilding by Sectio 1113. 1 3. FINAL INSPECTION: To be made accaa/for trio. or mare upsets. / i (f) Address System. When a Public after building is completed and LUNO the tool nater address system is oto eed, coo system shall j essTsy ready for occupancy. of parsons that may acauDY a buildlrg�. of Pero t M made accessible u W Fire Department. � 2. Section 421 is hereby amended to food as I or portion thereof at any oM time. Plastic and Plastic } fal las: (d) Pp;%mllylHty of Other irevt sloths shal by S s. WIt very story side l to s every story or level mud from to side wit of inch aant space , Section ed c TRUSS 1s a pre -diene and engineered component employing one or I, Except apter.Ycove ly it build ngs this mall buildings wags shall appl cable or all, s Or ll be approved plastic pantie and alone he lofted follows: were triangles in its' construction that mot all appltgble provisions of this oda. , all p shall as i function[ as a structural Support amber. I I SPECIAL PROVISIONS 1. They shall not exceed 20 percent Of W wall arra facing be Coll; } 3. Section 1718 is hereby amended to read as follows: Sec. 1111: (a) Automatic F1 re -axing 2. shall mbeat a 35 I ' shall Systems. -The building snail be eheightign Is IDaynch if Vertical inches except that if the sign Is vertical exc TRUSSES provided Mb an .O ati Ireions abe ben the height snail not exceed 96 Bac. 1718. Preparation, fabrication, and in of U.B.C. u nn, provisions of B.B.C. I I She p exceed inches and the width shall not axead 36 installation trusses shill conform to ', Standard M. 38-1. In addition ti chose Standard an. 38-1 lt auly Ire -extinguishing Inches; accepted engeneereng. practices and to the ne require Pants of this code. No alterations, N Sbnderdh, with system; Shall mmol Y'wuth vee. following: 3. They shall De lambd a'minirtmm dnstenu Including but not limited b cutting. 1 1. All automatic fire-extingdeshing system of IB Inches from adjeeent bnanb: - splicing, or removal of rebs. gussetts, or curds, shall M oda without approvalcentral valves shall M ilactrutally 4. All. edges and vee back shall be fully of a certified engineer and the building supervised by an apprMad control, or rePoto SWOONS 00 s 1001 ' encased In metal. I official. Any alterations not acceptable 1 0 be Wilding official, shall'M ordered proprietary alarm service which Wily 04. an: audible (h) Lease Plan. Each covered mall 'building removed. ,� signal at a constantly attended' location, uwnr shall' provide bob the Building and Fire Impartments with a lease plan showing ' 4. Section 3305(]) is hereby amended to read { as follows: 2. The eut,mti. fire -extinguishing system shall be complete and operative thr0uyyhwt the locations of each occupancy and Its exits after nn,. Certificate of Occupancy has been e11 occupied space in the covered M71� Issued. Such plans shall be kept current. 1 (]) HANDRAILS. Stairways shall have I building prior to peCYpanCY of app of No modifications on changes to occupancy or handrails on each side. and every i the tenant spaces. The level of Pro- use shall be mde from that shorn on the stairway required to he mare than W I tectton providedfor unoccupied tenant lease plaNwithout prior approval of be - Inches in width shall be provided spate shall M sdbject. tp no approval Building Official, wive not less than one intermediate handrail ter each 88 inches of of the Building Official and Fire Department. (t) Mixed Type of 0nnstruccion. Openings 31 f R. required width. InteroedTate handrails shall M spaced aterozi- The respective increases far arm and height' between an anchor store of Types is or 11 one. hour construction, and. the mall or ably model within be entire wltln for covered mil Mlldings., including anchor other leased Conant space need not. be protected W of stairway, stons, specified In Sectem 506 and 507 of this Code shall be permitted. EXITS Mandrails shall M placed not less I n than 30 inches Par were than 34 (b) Standpipes. There shall be a standpipe Sec.. 1112. (a) General. Each tenant space Inches above the nosing Of treads. I outlet connected to e supply capable of and no covered mail building shall be, They shall be continuous the full delivering 250 gallons per minute at each of provided win exits as required by this length of no stairs and except far the TO11,MP, locations far Fire Department Section. and Chapter 33 of this. Lode. When private stairways at least one use: -- there is,a conflict between vee re'uerenents handrail shall extend not less nen 1. Within the all at the entrance to an of chapter 33 and the requirerents of b1s " 6, Inches beyond the top and botmm exit .Passage or exit corridor. 1 Section, the requi remmn is of nes Section. ricers. Ends shall be returned or shall apply. shall terminate in Mwsl posts or N 2. At omen Icor levellending within aafety terminals, enclosed Staireys opening directly onto (b) Oetmrmination of Occupancy bad. The the a71: and adjacent to principleaCcapant load Permitted in any individual 1 EXCEPTION 01: SbirvaYs 44. inches exterior entrarms to the all.. tenant space In a covered all building shall N or less in width and stat rwaya I be determined as required by Section 3301(d) U son Ing one individual. dwelling 'unit i 3. Standpipes shall be Installed tn,eunrd, of this da. Exit mqu irements for Individual Co in Group R. Division 1 or 3 Occupancie Into with the requirements. of Chapter 3B tenant spaces steal l be based on ne occupant My have one hand Nil, .except that } r of this fade. load thus determined. such stairways open on cm or both n The occupak load permitted for the covered sides shall have handrail$ Provided I ' EXCEPTION yl: Bison and laterals of, moll building, assuming all portions, including on theopen side or sides. dry standpipe aimems not located within individual tenant spaces and l to be s an enclosed sbii'n eeed Net proual athell be GGCUP ed'at the sea tie, shall M determined EXCEPTION 12:. Stairways having less rqy wag equal to by once a to a degree of Tire rascal by dividing gross leasable arm by 30 for r than four risers need met have enc that required for vertical enclosures in h ;the covered mat, 17tl1n9a containing up b tau r I hendrafl s. I the covered all. Wilding. 150,000 spars feet of gross imsable arm; I Nondrails projecting from a Pall EXCEPTlOi y2;: in bull dings where mord by 40 for Conrad mall buildings containing between 150.OD1'and 350,000 square feet of s all have a space of not less than h than ane standpipe Is provided, they gross lmmble ane, and by 50 far covered } 7y inches betwen W wall and the ) 'Med Pot be interconnected, mall 'buildings containing are than 350.000 i handrail. - E%LEPTION 13. Piping may he hydraul wally reuare feet o1 r assthe Iffisablcovered arm. Exit requirements far the all building 5: Chapter 11 in no appendix is heryby sited occupy he bash n the oaupsot lord nus Sisal be -- date daUrmined._ _ 7g- 2`tl; I The occupant load of anchor stores apgtlng Into the mall need notbe included in mmppuutine the total member of occupants for the mall;. ^ - (c) Number of Exits. Each individual tenant' space in covered mall buildings she be provided with the number of a%its rewired by Section 3302(.). of this Code, in addition to tne. requirements of Sm3302(a), whenever the distance of travel W the 011 withirrany } tenant space used by persons other than i employees exceeds 75 feet, not less than two, h exits shall be provided.. I (d)'. Arranggement of Exits. Group. h, Divisions 1, 2 apd 2.1 Occupancies, other than drinking and dining establishments, shall be solocated in the covered mall building nettheir entrance will he immediatelyadjacent to a principal .entrance to the mall and shall have matless'than. me -half of their required j exits. opening directly W the exterior of the covered mall building. Required exits for anchdr stores shall be yrovided independently from the =11 exit. system. ITh�n. erpccupmt load of anchor stares opening aeco the Pill shall ' Not be included ' in tmining exit raquirmmentsfor the =11. Mal is shall not exit through anchor stores. W)Halls terminating at an anchor store inhere no er means of exit has been pmvj_dad shall be considered as a dead end mall. �(a); Di stand to Exits. Within each indiyid_uel imant sett in,0 covered sell building Ltia', east" distann of travel fromany print to in ntertmr It door, horizoptaI exit. exit passa9erglt. enclosed. stairway or, entrance ON, twit mall. shall not exceed 200 feet. The seximadistanm Of travel from any point I rithi, a malltd anexterior exit door, borizontal exit, exit passageway or AN micloned stairway shall Not excel 200 feet. (f) Ilccessto Exits. Yen Fare than one exit 'a it they shall be eo errenged HIRE SL 1s posaible m BD in bitter direction frw a'ty point in l ail to separete ewi t, j exert for dad' aids rof exc"NO ! lahgth e .1 to bice the width of the call eieasurd at the res st lootfao Within the dried -cod portion of the mall. j The arni".width of edit from a mall shall be 66 inches. iWham nit passageways are present W provide As sewn&ry. exit frac a tinant space, mors m The alit Passageway shall be me -hour fire doors. Shah deanshall be self-closing and, tow maintained or shall, ON atogtfcally I of selpg by sake detection. . I .. Storage is pruhibtted in "it P45Sa90Naya whichare also used for service to W tenants Such exit passagmmoh shall be postedwith Icrospiuous signsso stating. (g) Walls. For the mermen of provi6irq T1 it egress, ells may. bo considered as. l corrtdsrs, Wt nlediot wol with Lha to grissLede is the tblow�dtth f.11 sae specified in this Section. Tho mini". widthmf a Hall shall be 20 feet niece hall be a mini" of 10 feet clear width p height of 8 feet between any Iproj on from a' imam spam bordering the .mall and the rarest kiosk, vending machine. ;bench, display. or Other obstruction to ;egress. The mall ,shall be sufficient to. r accommodate the occupant lead Immediately tributary thereta. !Malls which do not morons to the requirements of this Section shall comply with the require- limits. of Sections .3306(9). end 3304(h) of this Code. (h) Security. Grills and, Doors. Horizontal slidingor vertical security grills or doors Which -are a part of a.required means of egress shall conform W the following: Occupancies and may contain accessory uhes consisting of Groups A. E or R Division 1 Occupancies. The area of individual accessory uses within a covered m11 bum ldiog shall trot exceed three times the basic area Penni tted by Table No. 5-C of this Code for the type of construction and the occupancy involved. The aggregate arae of all accessory uses within a`' covered mall building shall not exceed 25 percent of the gross leasable area. An attached garage for the storage of passenger vehicles having a capacity of not more than l9' persons and open parking garages may be considered as separate. building Whan they are separated frac the covered will Wilding by an occupancy separation having a fire "—� endurance. time period. of at least 2'hours. (b) Mixed Occupancy. Individual tenant 6 spaces wl thin a covered mall building which i compri se.a distinct "Occupancy, as described in Chapters S, 6, 7, S. 11, 12 and 13 of this Code, shall be separated from any other Occupancy as specified 15 Section'503(d) of this. Cade.,, V -- EXCEPTION: A main entrance which opens onto a will need have no. separation. SECTION III. REPEALER. All other ordinances and parts 0 Ordinances in conflict: with the provisims'j of the ordinance are hereby repealed. i SECTION IV. SRVINGS CLAUSE. If any section, prom s on or par o e ordinance shall W adjudged invalid or unconstitutional, such adiudintion y shall not affect the validity of the ordinance as a whole or any section,:. provision or part thereof I adjudged invalid or unconstitutional. i SECTIONV. EFFECTIVE DATE. This ordinanN shall h be in effect after its finall ,passage. approval and 1. publicationas rewire bylaw. .1 1 roesd. and approved this 25t 9 duly, 1/$97g11 ��� MAYOR I i 'ATTEST: , � Augusts 197C� i — 1. They must .remain securd in the full open position during theperiod of occupancy by the general public. i a �E. Doors or grills shall not be brought fa the closed position when there are more than 30 prsons.o¢upying spaces served by a single nit or 50 persons occupying spaces nerved' by more than one exii.. I ' 3. The doors or grills shallbe openeb7e: .. from within without the use of any, spacial knowledge or effort when the space is occupied. 6. When two or more exits are recAmd, not i more than one-half of the exits maybe equipped with horizontal sliding or vefplwl' rolling grills or doors. _,� Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA, CITY PRESS- RESSCITIZEN, CITIZEN,a newspaper, published in said County, and that a notice, a printed copy of which is herejo attached, was published in said paper times, on the following dates: '' qt 5—" NS Cashier Subscribed and sworn to before me this day of14'9"4 T A.D.19 % . Notary Public No. pale 2 114 ( .'�'rl / ORDINANCE NO. 78-2913 AN ORDINANCE AMENDING THE INVESTI- GATION PROCEDURES FOR ORIGINAL AND RENFSYAL DEER AND LIQUOR LICENSE APPLICANTS; AND Ab' MING ORDINANCE NO. 76-2805, SECTIONS II AND III (5.24.9 AND 5.24.10, CODE OF OR- DINANCES OF IOWA CITY, IOWA). BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purposes of this ordinance are 1) to allow sufficient time for the investigation and administrative processing of original and renewal beer and liquor license applications and 2) to require the approval of applications by the Fire Chief and the Johnson County Board of Health, such approval not currently being required by ordinance. SECTION II. AMENDMENT 2805, Section II (5.24 of Iowa City, Iowa) is read as follows: Ordinance No. 76- 9, Code of Ordinances hereby amended to INVESTIGATION OF ORIGINAL APPLICANT. It shall be the responsibility of the applicant for an original beer or liquor license to obtain an application for the appropriate license from the City Clerk at least twenty-one (21) days before the date on which the applicant desires the City Council to consider the application. The Council will normally consider such applications only at regularly -scheduled formal meetings. The applicant must submit the application form to the police chief, fire chief, county sheriff, county attorney, county health in- spector, and lastly to the building inspector. Each official shall make an investigation, sign the form, and recc miend approval or denial of the application. The applicant shall file the ccxVleted application with the City Clerk at least (7) days before the date on which the applicant desires the Council to consider the application. The City Clerk shall prcmptly submit the application to the Council. /,5'a Ord ice No. 78-2913 Page 2. SECTION III. AMENDMENT. Ordinance No. 76-2805, Section III (5.24.10, Code of Ordinances of Iowa City, Iowa) is hereby amended to read as follows: INVESTIGATION OF FMLWAL APPLICANT. It shall be the responsibility of the applicant for a renewal beer or liquor license to obtain an application for the appropriate license from the City Clerk at least twenty-one (21) days before the date on which the applicant desires the City Council to consider the application. The Council will normally consider such applications only at regularly -scheduled formal meetings. The applicant must submit the application form to the police chief, fire chief, county health inspector, and lastly to the building inspector. Each official shall make an investigation, sign the form, and recommend approval or denial of the application. The applicant shall file the completed application with the City Clerk at least seven (7) days before the date on which the applicant desires the Council to consider the application. The City Clerk shall promptly submit the application to the Council. SECTION IV. REPEtLM. Ordinance No. 76- 2805, Sections II and III (5.24.9 and 5.24.10, Code of Ordinances of Iowa City, Iowa) and all other ordinances or parts of ordinances in conflict with this ordinance, are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the vali- dity of the Ordinance as a whole or any section, provision or part thereof not ad- judged invalid or unconstitutional. 4�5_3 Ordinance No. 78-2913 Page 3. SECTICN VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted this 8th day of August 1978. Robert A. Vevera, Mayor It was moved by Balmer and seconded by deProsse that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: x Balmer x DeProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration Moved by Balmer, seconded by Perret, Vote for passage: that the rule requiring ordinances to considered and voted on for passage at 2nd consideration two Council meetings prior to the meeting Vote for passage: at which it is to be finally passed be suspended, the first and second considera- Date of Publication tion and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, Perret, Roberts, Vevera, Balmer, deProsse. Nays: none. Absent: Neuhauser RECEIVED k APPROVED B`EGALAEPAFZ �ti0q(3 -7 Z�19 �� y �• ��yi'/ �^ lI1I / CIVIC CENTER W EWASHINGTON ST. WA CITY IOWA 52240n,~4� 319-354.1 SM STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2913 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 8th day of August , 1978 all as the same appears of record in my office and published in the Press Citizen on the 15th day of August , 19 78 Dated at Iowa City, Iowa, this 6th day Of November 1978 1 ri-IL zadn� - Abbie Stol us, CiVy Clerk Printers fee S, CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper times, on the following dates: � r Cashier Subscribed and sworn to before me this -Z3 y of A.D.19�. tang Public a4��I"` s� MARTINA M MEYER ,E* MY COMMISSION ERPIRES raaa SEPTEMBER 11, 1979 OFF ICIALPUBLICAT ION CHDINAMM. NO. 78-2913 AN OiDINADM Ai¢]VOI% nig INVESTf- CAUCK FOR ORIGMIL AND FlA�KiT,i�tIi-.APD LIQ= LICTIM APPLICANTS; AND Al MIM OIDINVM NO. 78,280.5: SECTIONS 11 Arm.III - (5.M.9 AND 5.24.10, OWE. OF CR- DINANCES'U IOWA. CITY, IOWA). OBE' IT ORDAINED By TSE CD=IL OF = CITY OF IOWA CITY, IOWA: SECTION P. P[I]OPOSE. The purposes of this o. are. to allow sufficient time for the investigation' and azhninistrative processing of original and renewal beer apd'.liquor licenseapplications and 2) to - require the sPIRTOMl of applications. by theFlre Cniof and the Jobason County , Board of Health, such approval not currently, • being required by, ordinance. EMICII IT. 'AWMMET°i•. Ordinffiuz No. 7C, 28 Sect—OS iov II (S. TA:9, Code of Ordinances of Iona City, Iowa) is hereby: emended to read as. folloesr { MWrIGATI(N OF CRIGINAL APPLICANT. It shall betbe- responsibility, of the applicant for an original beer or liquor license toobtain an application for the appropriate license from the City apeotor, and lastly to the building Inspector: Each official shall mare an investigation, sign the :farm, and reconmend .approval or denial of the application. The, applicant shall file the completed application with. the City Clerk at least (7) days before the date ou which the applicant, desires the Council to consider the application. The City Clark shall promptly submit. the application to. the Council. SECTION III. AAITMENT:Ordinance. No. { Section II 5:24.10, Code of Ordinances of Iowa, City: Iowa) is hereby amended to read as follows: INVFSTICATIM OF RENEWAL APPLICANT, Itshall bethe responsibility of the applicant for a revival beer or liquor limuSe to obtain mu applicationfor the appropriatd. license from the City Clerkat least twsnty-ame: (21) days before the date on which the applicant I desires-The.CiM-Cotten to consider the aPplleatiow. 7be Council will eormilly consider much .applications. only at regularly-ecbeduled formal meetings: The applicant must submit the, application form tothe police .thief, -fire chief, countybealth inspector, and lastly to the building inspector. Each official shall make i an iluOatilaticd, -mind the Assm, and City Clark at least seven '.(7)'. days before. the date on which the applicant dc.ires-.the Council to consider the application. The City Clerk shall promptly submit the application to I the Council. SIMON TV. TIMM £R. Or limade No. 76- M .' ti =d III (5.29:9 and. 5.24.10, folie of Ordinance of Iona City, Iowa) and all other Ordinances or parts of ordinances in conflict with this ordinance, are hereby repealed. SnTION V. SEVyaABILITY. If any section, provisioner panto Ordinanceshall be 1 ad0ud9sdto. be invalid or unconstitutional, such adjudication shall not affect the vali- dity of the: Ordinance as A whole or any i aec . PrOVISIM Or part, thereof not ad - job invnlidor unconstitutional. SEITICM V1. EFfECTTM DATE. This Ordinance 11' in effect after its final passage, approval and publication as required' by :law. ' passed and adopted this. 8th day of a ust , 1978. art 2VeIA. Ynr �J ver _ 3 o Ston . ury AAarK AugU5115.1978 ORDINANCE NO. 78-2914 AN ORDINANCE AMENDING ORDINANCE NO. 2605 AND ORDINANCE NO. 73-2686 BY REDEFINING "LEGAL AGE" IN ORDER TO CONFORM WITH STATE LAW; AND AMENDING SECTION 5.24.1(L) 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 Ordinance No. 2605 and Ordinance No. 73-2686 by redefining "legal age" in order to comform with State law. Section II. AMENDMENT. Ordinance No. 2605 is hereby amended as follows: Section 5.24.1(L) "Legal age" means 19 years of age or more. This provision shall not apply to persons who were born on or before June 30, 1960. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section IV. SAVINGS CLAUSE. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted this 8th day of August, 1978.97 MAYOR ATTEST: CITY CLERK /SU� Ordinance No. i 314 Page 2 It was moved by Balmer , and seconded by deProsse , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER _x dePROSSE _x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration Moved by Balmer, seconded by deProsse, Vote for passage: that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meet - Second consideration ing at which it is to be finally passed Vote for passage: be suspended, the first and second con- sideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Perret, Roberts, Vevera, Balmer, deProsse, Erdahl. Nays: none. Absent: Neuhauser. *BECEIFEp ■ APPROVED EX MM LEGAL DEPARTMENT ____7-12-7r /9 /! �• �`�'Ji'/ CIVIC CENTER. 410 E. WASHINGTON 5T. IOWA CITU, IOWA 5220 3I93E4 1B00 STATE OF IOWA JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2914 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 8th day of August , 1978 all as the same appears of recorFTn my office and publishedin the Press Citizen on the 15th day of August , 19 78 Dated at Iowa City, Iowa, this 6th day of November , 1978 o rltl i. ZLL Abbie Stolfus, Cit3e Clerk Printers fee $ 9�0 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is her to attached, was published in said paper times, on the following dates: Z-41 Idly c f Cashier Subscribed and swornto before me this L day of A.D. I9 -7L—. otary Public N0,R(o217 oTT t"Es MARTINA M. MEYER =Ki MY COMMISSION EXPIRES SEPTEMBER 30, 1979 /oda OF FIC I ALPLI BLICAT ION ORDINANCE. NO. 78.2914 AN ORDINANCE AMENDING ORDINANCE NO. 2605 AND 'ORDINANCE NO. 73.2686 By REDEFINING"LCGAL AGE" IN ;ORDER TO CONFORM YITWSTATE LAA: AND AMENDING SECTION 5.24.1(L) OF TNL MONICIPAL CODE OF IOWA CITY, ,IOWA. �BE IT ENACTED -BY THE .CITY COUNCIL Of THE (CITY Of j :IOWA CITY..:IDAA.. E TION 7. R111E. The purpose of this Ordinance s. amen r name No. 2605 and Ordinance No. 73- 686 hY redefining "legal go"In Order to 1 comfone with State law, Sectio% TI. AMENDMENT.Ordinance No. 2605 is are y amen ac a ows: Section 5.24.1(1) "Legal age".Weans 19 years of age or Mare. This prowl Sion shallnot apply to persons who Were bore on or before June 30. 1960. SECTION Iii. REPEALER. All ordinances or parts of I oror nane�iosInn"Tct. with tac provisions of this Ordinance .je. hereby repealed. , ,Section IV. SAVINGS CLAUSE. If My. section, prov sign o As , reliance shall be adiudyed to be invalid or unconstitutional, such, adjudication ,shall not affect the Validity If the Ordinance as a whale or anyy section,. orbyis an or part Thereof snot adjudged invalid or unroeaLitutional. SECTION V EFFE[TIVE DATE'. This ordinance shall n e ec a ter is ml passage, approvaland Publication . as required by law. ('Passed and •ado pted this 8th dd of August, 1978, MAIUK zL ATTEST: AOpustl5,1978 ORDINANCE NO. 78-2915 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY PROVIDING DIFFERENT STANDARDS FOR THE COMPOSITION OF SEWAGE WASTE AT THE POINT OF DISCHARGE INTO THE PUBLIC SEWER. SECTION 1. PURPOSE. The purpose of this amendment is to provide more reasonable standards for the composition of sewage waste from industries at the point of discharge into the public sewer to facil- itate industrial development in Iowa City while protecting public health, safety and welfare. SECTION 2. AMENDMENT. Section 8.10.18 G of the Municipal Code of Iowa City is hereby amended to read as follows: G. SEWAGE WASTES. The `Following standards shall apply to sewage wastes at the point of discharge into the public sewer. Acidity or alkalinity shall be neutralized within a pH range from 6.0-10.5. 2. Wastes shall contain no cyanides; no chlorinated solvents in excess of .1 p.p.m.; no Sulphur Dioxide or Nitrates in excess of 10 p.p.m.; no Chromates in excess of 25 p.p.m.; no Chlorine demand greater than 15 p.p.m.; no Phenols in excess of .05 p.p.m. There shall be no more than 25 p.p.m. of petroleum oil, non -biodegradable cutting oils, or products of mineral oil origin or any combination thereof. There shall be no oil and grease of animal or vegetable origin in excess of 300 p.p.m. No waste listed in this section shall contain any insoluble substancesexceeding a daily average of 500 p.p.m. (if exceeded, the City may apply a cost surcharge), or failing to pass a No. 8 Standard Sieve or having a dimension greater than ? inch. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provi- sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. /s7 ORDINANCE NO. 78-2915 Page 2 SECTION 5. EFFECTIVE DATE. This Ordinance shall e in effect after its final passage, approval and publication as required by law. Passed and adopted this 22nd day of August , 1978. ROBERT A. VEVERA, MAYOR ATTEST: ABBIE STOLFUS,RK It was moved by Neuhauser and seconded by Balmer , that the Or ic�nance as read be a optT edaand upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse x Erdahl x Neuhauser x Perret _ X Roberts Vevera 1st consideration Moved by deProsse, seconded by Balmer, that the rule &requiring tnat orzllnances must be considered and voted on for passage at two Council meetings prior to the meeti 2nd consideration at which it is to be finally passed be suspended, that th 8/8/76 lirst consideration and vote be waived, and the second consideration and vote for passage be given at this time. Motion carried, 6/0, Neuhauser absent. Moved by deProsse seconded by Balmer that the ordinance be considered and given second vote for passage. Motion carried, 5/1, Perret voting 'no'. Adopted upon following division of roll call vote, 5/1: Ayes: Roberts, Vevera, Balmer, deProsse, Erdahl. Nays: Perret. Absent: Neuhauser. Rrr:*"Vrn h A. BY 'L:_' :.:�C�L�L�Lli;�:� ..,..NT K4(/ /CIVIC CENTER X Y. E. WA5NIN0TON 5T. �,%J/ K4� IOWA CITY. IOWA 52t40 /-/v///r 310 761-1100 STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2915 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 22nd day ofAugust , 1978 all as the same appears of record in my office and published in the Press Citizen on the 29th day of August , 1978 Dated at Iowa City, Iowa, this 6th day of November , 1978 , rZ / /' 7 Abbie Stolfus, C ty Clerk Printers fee $-/� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper times, on the following dates: �r Cashier Subscribed and sworn to before me this -1-21— day of A.D.19-q—t V� N ry Public Nod �a i I I 4�1;E • MARTINA M. MEYER p�+ MY COMM1Ssim EXPIRES av+ SEPTEMBER 30, 1979 _OFFICIAL PUBLICATION ORDINANCE NO. 78-2915 ,' SECTION 2. AMENDMENT: Section. 8.10.18 G.of the Nu-nTc7—par`Co-d—e-orTowa City is hereby amended to read as follows"- G. SEWAGE WASTES.. The following standards. shall apply to sewage wastes at ;the. po int of dischargeinto the public. sewer. 1. Acidity or alkalinity shall be neutralized within a,ph range from 6.0-10.5. 2. Wastes shall containno cyanides; no chlorinated solvents in excess of .1 p•p.m.: no Sulphur Dioxide or Nitrates in excess of 10 p:.p.m_; no Chromates in excess of 25p.p.m.; no Chlorine demand greater than 15 p. p.m.g no_ .mall me n -- or Vegetable section small contain any insoluble substances exceeding a daily average of 500 p,p.m.. (if exceeded, the City may apply a cost surcharge), or failing. to pass a N0. 8. Standard Sieve or having a dimension:greater than lx inch. , SECTION 3. 'REPEALER. All Ordinances and parts Of ornace�fconlict with, the provisions of this ordinance are hereby repealed. SECTION 0. SEVERA81LITy. If any section, provi- sion parr oft,0 t e�6�nonce small be adjudged to be invalid or unconstitutional, such adjudication shall) not affect: tha.validity of :the Ordinance as a whole or any ,section, Provision or part thereof not adjudged. invalid or unconstitutional SECTION 5. EFFECTIVE BATE. This. Oniipance shall e n e _x a en. s nal. passage.. approval and publication asregeired'by. law. Passed act! adopted this 22nd day Of August , 1978. k //-� B YMM, I YORE ATTEST: l: ��__4�__/ �TT4'�L' ,. AUBusf 19,17/8 G r, ORDINANCE NO. 78-2916 AN ORDINANCE DESIGNATING THE RESPONSIBILITY FOR WEED CONTROL ON PRIVATE PROPERTY AND STREET AND ALLEY RIGHT- OF-WAYS; ESTABLISHING A STANDARD OF MAINTENANCE; DEFINING CERTAIN NUISANCES INVOLVING UNTENDED AREAS AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES; PRESCRIBING A METHOD FOR COLLECTION OF COSTS OF SAID ABATEMENT; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Purpose. The purpose of this Ordinance is to designate responsibility for the removal of weeds and cutting of grasses within the City of Iowa City, to define nuisances and to provide for their abatement in order to provide for the safety and preserve the health and welfare of the citizens of Iowa City. Section II. Short Title. This Ordinance shall be known as and may be cited as the "Weed Ordinance" of the City of Iowa City, Iowa. Section III. Definitions. For the purpose of the Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. The word "shall" is mandatory. A. CITY. The City of Iowa City. B. CITY MANAGER. Manager of the City of Iowa City or his/her designate. C. WEED OFFICIAL. Person designated by the City Manager to enforce the Weed Ordinance. D. PARKING. That part of the street, avenue, or highway in the City not covered by sidewalk and lying between the lot line and the curb line; on unpaved streets, that part of the street, avenue, or highway lying between the lot lines and that portion of the street usually traveled by vehicular traffic. E. RIGHT-OF-WAY. The entire width of a platted street or alley in use or undeveloped. F. GROUND COVER. Plants with the growth and root capacity to cover and stabilize an area of soil and to prevent erosion. X�y Ordinance No. 78-291 -2- G. SOIL EROSION CONTROL. A method of planting and cultivation, or lack of same, designed to retain soil and to prevent soil movement caused by natural or man-made causes. H. NATURAL AREA. An area allowed to retain native plant material in a natural prairie state. I. WEEDS. Weeds as used in this Chapter shall mean any plants growing uncultivated and out of context with the surrounding plant life with a height of 18 inches or more or when such plant has a seed head forming or formed. J. NOXIOUS WEEDS. Primary and secondary classes or weeds as defined by the Code of Iowa, and all additions to this list as so declared by the Secretary of Agriculture, State of Iowa. K. UNMOWED OR UNTENDED AREA. Area allowed to grow without care and supervision; where weeds and grasses are more than the allowed height. L. DEVELOPED LOT OR AREA. An improved or commercial lot. M. UNDEVELOPED LOT OR AREA. An unimproved lot or area. N. FIRE MARSHALL. The City Fire Marshall or his/her representative. 0. CONSERVATION AREA. An area that is planted with ground cover plants of a size and texture compatible with the environment and maintained accordingly. P. CHEMICAL CONTROL. The application of a herbicide (weed killer) in strict accordance with the directions on the product and the regulations of the Code of Iowa, Chapter 206 (the Pesticide Act), and all additions thereto that may be adopted. Q. ENFORCEMENT PERIOD. The period between the fifteenth (15th) of June and the fifteenth (15th) of October. Section IV. Authority. The City Manager or person designated by him/her shall be responsible for the enforcement of the Weed Ordinance and shall have all the necessary authority to carry out the enforcement of the Weed Ordinance. Said designee shall be known as the Weed Official. /6 e -3- Ordinance No. 78-291_ Section V. Interference with Weed Official. No persons shall interfere with the Weed Official or any appointed assistant while engaged in the enforcement of this Ordinance. Section VI. Nuisances. Except as provided elsewhere in this Chapter, the following provisions shall apply: A. Each owner and each person in the possession of control of any land shall cut or otherwise destroy, in whatever manner prescribed by the Weed Official, all noxious weeds thereon and shall keep said lands free of such growth. B. Each owner and each person in possession or control of any developed or undeveloped lot shall be responsible to keep said lot along with the parking adjacent thereto, alleys, public ways, or areas up to the center line of said ways free of any weeds and to keep grasses on said land mowed so that said grass is less than eighteen (18) inches in height. C. Each owner and each person in the possession or control of any lands shall not allow any plant growth of any sort to remain in such a manner as to render the streets, alleys, or public ways adjoining said land unsafe for public travel or in any manner so as to impede pedestrians or vehicular traffic upon any public place or way. D. Where waterways or watercourses are found upon any developed or undeveloped lot, the owner or person in possession or control shall keep the flat or level part of the bank of said waterway free of any weeds and grasses more than eighteen (18) inches in height. Should such waterways or watercourses be found within the right-of-way of a street or alley, the adjacent property owner or person in possession or control shall be responsible to keep the flat or accessible portion of the creek bank free of any weeds and the grasses more than eighteen (18) inches in height. Ordinance No. 78-291.. -q E. No owner or person in possession or control of any developed or undeveloped lot shall allow plant growth or the accumulation of plant materials on such lot to remain in such a state so as to constitute a fire hazard. In no instance shall cut plant material accumulations be located within one hundred fifty (150) feet of a building, structure, recreation area (not including the width of any intervening street), or within one hundred twenty-five (125) feet of a street right-of-way. Section VII. Natural Areas. A. Designation. The Weed Official, upon application of the owner or person in possession of control of any lot, may designate such lot or portion thereof or any adjacent undeveloped public way as a natural or conservation area. Prior to designating such area, the Weed Official shall consider the following factors: grade or incline of said tract, the difficulty to control or maintain such tract, whether said tract is being maintained as either a soil erosion control area or a conservation area. Any person affected by the designation or lack thereof may appeal said determination to the City Manager pursuant to the procedures as set forth in the Administrative Procedures Ordinance (Ordinance No. 77-2851). B. Natural or Conservation Areas. Natural or conservation areas need not be mowed and shall be left in their natural state, except that all noxious weeds shall be removed or controlled. C. Public Ways. Sidewalks or other public ways that lie adjacent to or extend through a natural or conservation area must be open and free from any obstructions to pedestrians or vehicular traffic. D. Newly Developed Areas. In areas of development (as opposed to established neighborhoods) the area qualifies as a natural area until more than sixty percent (60%) of the subdivision is developed or seventy-five percent (75%) of a linear block is occupied. /G z Ordinance No. 78-291 -5 Section VIII. Enforcement. During the period between the 15th of June and the 15th of October it shall be the duty of the Weed Official to inspect all areas of complaint and notify the last known owner or person in possession or control of the area of violations of this ordinance. Said Notice shall be by certified mail and shall allow ten (10) days after mailing of said Notice as a period of time to eliminate said violations. Return receipt with signature is not required for said Notice. Upon failure of the owner or person in possession or control to act within the prescribed time period, the Weed Official may, in addition to other remedies allowed by law, file criminal charges against such individual. Section IX. Emergency. Notwithstanding any other provisions of this Ordinance, whenever in the judgement of the Weed Official or the Fire Marshall an emergency exists creating a health, safety, or fire hazard which may require weed or grass control without prior notice, control measures shall be taken and costs assessed against the property for collection in the same manner as property tax. However, prior to such assessment, the City shall give the property owner notice by certified mail and an opportunity for a hearing before the City Council. Section X. Savings Clause. If any article, section, or subsection of this Ordinance shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of the Ordinance as a whole or any article, section, subsection, or part not adjudged invalid or unconstitutional. The Council hereby declares that it would have passed the remaining adjudicated article, section, or parts of this Ordinance if it had known that subsection thereof would be declared unconstitutional. Section XI. Repealer. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed, specifically Ordinance #74-2723, dated May 28, 1974. Section XII. Effective Date. This Ordinance shall be in effect after its final passage, approval, and publication as required by law. ordinance No. 78-2916 Page 6. Passed and adopted this 22nd day of August , 1978. Robert �A5*ever4avoe'rr� Attest: Abbie Stolfus, City Clerk It is moved by Neuhauser and seconded by o erts that the ordinance as read be adopted and upon roll call there were: AYES: NAYS: x Balmer x DeProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration 8/8/78 Vote for passage: yes: a rosse, Erdahl, Perret, Roberts, Vevera, Balmer. Nays: none. Absent: Neuhauser. 2nd consideration Moved by Neuhauser, seconded by Balmer, that Vote for passage: the rule requiring ordinances to be considered Date of Publication and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: deProsse, Erdahl, Neuhauser, RECETM I APPRffM BY THE LEGAL PF' -iTNays U Roberts, Vevera, Balmer. None. Absent: Perret. l6y P CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY. IOWA 52240 3tg 354 ISM STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2916 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 22nd day of August , 1978 , all as the same appears of record in my office and published in the Press Citizen on the 29th day of August , 1978 Dated at Iowa City, Iowa, this 6th 19 78 day of November `L Abble Stolfus, ty Clerk 1 _ _ ' OFFICIAL PUBLICATION 4jE' ORDINANCE 0. 79-29M I' AN 'ORDINANCE Dii� IIGMTL46 THE REMNSIBTLITY' FOR I. )WEED CONTROY,;#IRIVATk pROPERIY An STREET AND e (ALLEY RIGHT -DF -VATS; 'ESTABLISHING"B, STANDARD OF 'MAINTENANCE; DEFINING CERTAIN NUISAKES INVOLVING I' UNTENDED MEAS PA PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES; PRESCRIBTMO A METHOD MOMWLUCTIDNj OF COSTS OF SAID ABATEMENT: AND REPEALING ,ALL �OROINAMCf41AR PANTS OF ORDINANCES IN CONFLICTI' HEREWITH. Sett BE IT ENACTED BY THE CITY CDUNCIL OF THE CITY OF A IOWA CITY, IOWA] .Section I', sur nee. The'purpose of Wls Oiifinance t s to es .pate MSPMlbil)ty for the removal of� weeds and cutting of grasses 'within the .City of( ,Iowa City. W define nuisancesand to provide Nrll 1 .their abvne M.• in order to provitle for the -safety 1 and Deservethe health and welfare of the citizens Of lava city. Section IC Snort Title. This Ordipxnce shall MI noun as a eaY cited as the "Weed Ordinance" of ltpe City of Iowa City,. Loma.. n�Section 111. Definitions. For the purpose of the ponce, t o low ng terms, phrases,. Words, Wed line it derlvati ons shall . -have themeaning given, B. herein. The word "Ahal l" is mandatary. i )A., CITY. The City of lova City. ,B. CITY MANAGER. Manager of the .City of .Iowa .City or his/Mr designate. C. WEED OFFICIAL. Person designated by the City Manager W enforce the Weed Ordinance. D. PARKING. That part of the street; avenue,. or highway in the Citynot coveredbyside Walk and lying between the lot line and the curb line; on .unpaved streets, tmat part of the street, avenue, or highwy lyingg betwen the lot lines and that portion of tl)e street usually traveled by vehicular traffic. E. RIGHT-OF-WAY. The entire width of a platted street or alley in use or undeveloped. F, GROUND OVER. Plants with the growth And root ' capacity to cover and stabilize an area of ; sail and to prevent erosion. G. SOIL EROSION CONTROL A method of plants , and cultivation or lack of same, designed W retain soil and W prevent soil ma¢ement i caused by. MWral or men -made causes. H. NATURAL AREA. An area alloyed W retain native plant material in a natural prairie state. I. WEEDS., Weeds as. used In this Chapter shall { mean any plants growing uncultivated and out of context with the surrounding plant life with a height of TO inches or more or When such plant has a seed Bead forming or formed. _ J. NOXIOUS WEEDS. Primary and secondary class] J ar Wads as defined by the Code of Iowa, and all additions to this list as so-BeTared by the Secretary of Agriculture, State of Ima. K. WORMED OR UNTENDED AREA. Area allowed te grin withaut care and supervision; where weeds aM asses are mare thin Ne 41?owed height. L. QEAE pro LOT OR AREA, An improved or commer- tigql,lot. M. UNOEVFIOPED LOT OR MEA. An yileproved let. or area. " N. FIRE MIISH'-L Mf C,Ry; Fir. Marshall or his/her repTe 'entY,Vive/F((,, 0. CONEERIfA7I0M. AREA o -i;ea !MC is planted with ground cover plants of a size and text U's compatible with the environment and maintained accordingly. P. CHEMICAL .CONTROL. TM anolicetion of a egviauons or the..coae of I.I. CWUI 205 (.ted Re stili do Act), and an aamtions thereto that may M adopted. O. ENFORCEMENT PERIOD. The Period hetween the fifteenth (15th) of June and the fifteenth (15th) of. October. ;sectio IV. Authorit. Ile e ty Manager or person aslgna ¢d y..Ni r shall, be responsible for the ')enforcement of the Weed. Ordinance sed shall Have all the .necessary authority to carry out the enforcement of the Weed Ordinance Said designee shall be known as. the Weed Official. Section V. Interfererce'wi th Weed Official. No (persons s a ,nWr ere wit t e' e r tial. or {any appointedassistant while engaged in the Section VI. Nuisances. Except. as provided else-. Mere m t s ,Pte r, the following provisions j shall aDp1Y: 1 A, Each owner and each person in the possessfoi 1 or control of any land shall cut or otherwise i des troy, in Whatever manner prescribed by ted Wood 'Official,. all noxious waves thereon An, ( shall keepsaid lands free of such growth. S. 'Each owner and each person in ,possession at 1 control of any developed or undeveloped lel snail be responsible to keep said let Siem with the parking adjacent 2hereW, al)eys, s public ways r areas as to the center line of said ways free of ., weds and W .Saw t grasses on saidland sawedso that said gray: is s than eighteen (18) inches in height. ' C.' Each lesowner and eachperson to the possessiar or central of any. lands small mot allow ane plant growth of any sort' W remain in such< manner as W. render the streets, alleys, at public ways adjoining sgid land unsafe fel public travel or in any manner so, as W impact { pedestrians or vehicular traffic upon are 1 public place or way. 0. Where 'watemays or watercourses are found visor any developed or undeveloped lot, the owner,m ' person in poslession or central shall keep ted flat or level part oftoe bank of sail Watervay free of any weds and grasses mon than eighteen?. (18) inches imp height. Shoulr I such waterways or Watercourses to found wiWit the right-ofwWaayy of a -street or allay.,At adjacent prof rty owner or parson it possession or control shall be responsible U keep the slat or accessible portion of tits creek bank free of any weeds AM the presses D. any. e.w.,.pea or undeveloped lot snal plant growthor the accumulation of materials on. such lot to remain in tate so as to constitute A fire haeerd. instance shall cut plant m accumulations he located within one fifty (150) feet of a building, str recreation area (rot including the w any intervening street), or within one twnty-rive (a25) feet of a street right -oh WaY• ion V11. Natural' Areas Dee,igna�ti fin. The Whom a d Official, upon appli -� sof n of the owner or person in possession or, control of any lot, may designate such lot or! portion thereof or any '.adjacent undeveloped! public way as anatural or conservation area. prior to designating such Area, the Weed) Official small consider the following factors: f .grade or incline of aid tract, the difficulty) W control or maintain such tract. Whether said tract is being maintained as either at soil cion control area or a conservation) area. -person affected by the designation; or lack thereof may appeal said determination W the city Manger pursuant to tae procedures as set forth'ia the Administrative Prarepures Ordinance (Ordinance Mo. 7]4851). Natural of Conservation AUX'j' or conservation. areas need not bemowed and shall he left in their natural state; except that' all noxious weeds shall be removed 'ori controlled. Public Ways. Sidewlks or other public Mays) that Ile adjacent W or extend through a natural or conservation area must be open duel free free any obstructions to pedestrians .ori vehicular traffic. - ?kwl Oevelo ed Areas. In areas of develop -I Bent aHe—PI' a W es.blisneo th ighborh.as)I the area qualifies as a natural area until] more than sixty. percent (60X) of tnei subdivision is developed or seventy-five; percent (75%) of A linear blockisoccupied.. i shall be the duty of the Weed Official' to in'. all areas of complaintand notify the last 1 owner or person in possession or control o; area of violations of this ordinance. Said'N hallbaby certified mail who shall .11..ten days after mailing of said Notice as a peril time W eliminate said Violations. Return re, with signature is not recored', for said No Upon failure of the owner or person in posse or control to act within the prescribed periods the Weed Official may, in addition to remedies allowed by law, 'file criminal ch against such, individual. 1 judgment of the Weed .Official o ted Flre Marshall an emergency exists mreating aejhealth, safety, o i fire hazard Which may recuire weed or grass control Without prior notice, contr. o C 1 measures small be 1 taken and costs assessed against the property fp II`l collection in the saee manner as property tax. No Wever, prior to such assessment. the City shall 1 give the property owner notice by certified mai and an opportunity for a hearing Mforo the City Count t 1. { Section X SaV in s Clause If :any article 1 1 sec on, or s sec on of this Ordinance shall be adjudged invalid or uncanstituti. by a court of competent jurisdiction; sato adjudl cation small not affect the validity o/ to 0 dlndnte as o Wale or any article, section,------tl on, or part not 1 adjudged inval.W or unconstitutional. TM councilt hereby declares that it Would Mee passed Unit remaining adjudicated article, section, or parts of. this Ordinance if it had known that SvMOCUDnm thereof Wouldbe declared unconstitutional. Section XI Re aler. All Ordinances or parts o0 Ordinances n con owlet with the provisions of this; Ortlinance are hereby repealeds specifically' 'Ordinance M74.2723s dated May. 28, 1974. r Section X11., Effective Oat.. This Ordinance she 11 be in effect after its final passage,' approval, and publication as. required Dy low. Passed and approved this 22nd Jay'of August, 1978. ATTEST: Wim✓ AERIE u, CITY CLERIC i AU905t 29[1978 i ---- Printers fee a�2 L CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper /)XIP— times, on the following Subscribed and sworn to before me this 1� diat,off.-A.D.101_. Otary Public �t"iAc r MARTINA M. MEYER MY COMMISSION EXPIRES J SEPTEMBER 30. 1979 CRDINANCE N0. 78-2917 AN ORDINANCE ESTABLISHING CERTAIN STANDARDS, REGULATIONS AND PROCEDURES FOR THE GRANTING AND OPERATION OF A BROADBAND TELECOMIUNICATIONS FRANCHISE WITHIN THE CITY OF IOWA CITY, IOWA; CREATING A BROADBAND TELECUMNICATIONS OMISSION AND PROVIDING FCR THE ENFORCEMENT OF SUCH STANDARDS, RULES AND REGULATIONS AS STATED HEREIN. SECTION 1. PURPOSE. The purpose of this ordinance is to regulate broadband telecommunications systems within the City of Iowa City, Iowa which operate pursuant to city franchise and establishing standards, regulations and procedures for the granting, maintenance and operation of a broadband telecommunications franchise. SECTION II. ENAMEN T. The following provisions are hereby adopted for the operation, maintenance and operation of a broadband tele- communications system within the City of Iowa City, Iowa: IkA' BROADBAND TELECOMMUNICATIONS FRANCHISE ENABLING ORDINANCE SECTION PAGE 14-60 Short Title 1 14-61 Definitions 1 14-62 Iowa City Broadband Telecommunications Commission 8 14-63 Broadband Telecommunications Specialist 11 14-64 Regulatory Jurisdiction and Procedures 13 14-65 Significance of Franchise 18 14-66 The Broadband Telecommunications Franchise 21 14-67 Operation of the Franchise 23 14-68 Rights Reserved to the City 27 14-69 Application for Franchise 30 14-70 Acceptance and Effective Date of Franchise 37 14-71 Termination of Franchise 40 14-72 Reports and Records of the Grantee 45 14-73 Franchise Payment 50 14-74 Liability and Indemnification 52 14-75 Bonds 55 14-76 Fees, Rates and Charges 59 14-77 Education and Government Connection to Broadband Telecommunications Network 66 14-78 Extension of Network 67 14-79 Construction Timetable 69 14-80 Network Description 72 14-81 Network Technical Requirements 74 14-82 Performance Measurements 78 14-83 Channels To Be Provided B2 14-84 Construction Standards 86 14-85 Conditions of Street Occupancy 87 14-86 Interconnection 92 14-87 Unauthorized Connections or Modifications 93 14-88 Preferential or Discriminatory Practices Prohibited 94 14-89 Subscriber Privacy 96 14-90 Transfer 98 14-91 Publication Costs 99 14-92 Ordinances Repealed 100 14-93 Separability 101 III Effective Date 102 t ID5 r SECTION 14-60. SHORT TITLE This ordinance shall he known and may be cited as the "Broadband Telecommun- ications Franchise Enabling Ordinance." SECTION 14-61. DEFINITIONS For the purpose of this ordinance the following terms, phrases and words and their derivations shall have the meaning specified herein. When not inconsistent with the context, words used in the present tense include the future and words in the singular number include words in the plural number. Additional Service shall mean a subscriber service provided by the Grantee for which a special charge is made based on program or service content, time or spectrum space usage. A.C. - abbreviation for alternating current. Annul Gross Revenues shall mean all revenues received by the Grantee, its affiliates or subsidiaries from and in connection with the operation of the Broadband Telecommunications Network in the City of Iowa City, Iowa and shall include revenues from all sources including without limitation revenues from advertising, channel leasing, data transmission and per program charges and any other charges not specifically prohibited by the FCC or a court of competent jurisdiction, in addition to the subscriber's monthly payments. AGC (Automatic Gain Control) - an electronic circuit which automatically increases or decreases, within its design range, the gain of an amplifier in order to maintain a stable or fixed output level. Somtimes called ALC or AVC. T ASC (Automatic Slope or Tilt Control) — an electronic circuit or thermal device that compensates for changes in cable or amplifier characteristics caused by temperature variations. Basic Service shall mean all subscriber services provided by the Grantee, including the delivery of broadcast signals and programming originated over the cable system, covered by the regular monthly charge paid by all subscribers. Broadband Telecommunications Network (BTN) shall mean any network of cables, optical, electrical, or electronic equipment, including cable televisions systems, used for the purpose of transmission of electrical impulses of television, radio and other intelligences, either analog or digital for sale or use by the inhabitants of the City. BTN Channel Capacity — the highest total number of cable television channels on which television signals from separate sources may be delivered downstream simultaneously to every subscriber in the network. The network may have additional channel capacity for specialized or discrete purposes, but the technical performance specified shall not be materially degraded thereby. Cable Television Channel — a frequency band 6 MHz in width within which a standard television broadcast signal is delivered by cable to a subscriber terminal (except that Class III 6 IV cable television channels as defined by the FCC may be either wider or narrower than this standard). Channel Frequency Response — within a cable television channel, the relationship as measured at a subscriber terminal between amplitude and frequency of a constant—amplitude input signal at all specified frequencies within each channel. 2 City shall mean the City of Iowa City, Iowa its officers and employees unless otherwise specifically designated, the area within the territorial city limits of the City and such territory presently outside the City limits over which the City may assume Jurisdiction or control by virtue of. annexation. Class I Cable Television Channel - a signaling path provided by a cable television system to relay to subscriber terminals television broadcast programs that are received off -the -air or are obtained by microwave or by direct connection to a television broadcast station. Class II Cable Television Channel - a signaling path provided by a cable television system to deliver to subscriber terminals television signals that are intended for reception by a television broadcast receiver without the use of an auxiliary decoding device and which signals are not involved in a broadcast transmission path. Class III Cable Television Channel - a signaling path provided by a cable television system to deliver to subscriber terminals signals that are intended for reception by equipment other than a television broadcast receiver or by a television broadcast receiver only when used with auxiliary decoding equipment. Class IV Cable Television Channel - a signaling path provided by a cable television system to transmit signals of any type from a subscriber terminal to another point in the cable television system. Commence Operation. Operation will be considered to have commenced when sufficient distribution facilities have been installed so as to permit the offering of "full network services" to at least twenty-five percent (25%) of the dwelling units located within the designated "service area." 3 1(142 z r Commission refers to the Broadband Telecommunications Commission. Council shall mean the City Council of the City of Iowa City and any legally appointed or elected successor or agency. Data Grade shall mean coded transmissions primarily digital in nature. dBmV - the level in the network expressed in db's above or below a power corresponding to a root mean square voltage of one millivolt across seventy-five (75) ohms. Downstream - the direction of transmission over the BTN from the "head end" or "hub" to a subscriber's terminal. FCC shall mean the Federal Communications Commission and any legally appointed or elected successor. Franchise Payment shall include all charges imposed for a franchise whether the object be regulation, revenue or one-time reimbursement of costs incurred by the City in the award of this franchise. Full Network Service shall mean all "basic services" and "additional services" offered by the Grantee. Grantee means all persons including, but not limited to, subsidiaries, parents, or affiliate companies, associations or organizations having any rights, powers, privileges, duties, liabilities or obligations, under this ordinance, and under the franchise ordinance, collectively called the "Franchise", and also includes all persons having or claiming any title to or interest in the system, whether by reason of the franchise itself directly or by interest in a subsidiary, parent, or affiliate company, association or organization by any subcontract, transfer, assignment, management agreement, or operating agreement or an approved assignment or transfer resulting from a foreclosure of a mortgage security agreement, or whether otherwise arising or created. Head End shall mean the land, electronic processing equipment, antennas, tower, building and other appurtenances normally associated with and located at the starting point of a Broadband Telecommunications Network, excluding the studio. Hub Configuration - a STN design technology wherein all transmission paths either originate or terminate at a central location within the community. Installation shall mean the extension and/or construction of the system from the main trunk and/or feeder cable to subscribers' terminals except where such a procedure is required by this ordinance without charge when it will mean the extension and/or construction of the system to one point in a designated building. Local Distribution Center shall mean a facility within the community remote from but connected to the "hub" which distributes signals from the "hub" to a specified area in the Broadband Telecommunications Network. Local Distribution System - that portion of the network that originates from a "local distribution center" as opposed to the "hub." May is permissive. Network Noise - that combination of undesired and fluctuating disturbances within a cable television channel, exclusive of undesired signals of discrete frequency which degrade the reproduction of the desired signal and which are due to modulation processes, thermal effects and other noise -producing effects, not including hum. Network noise is specified in terms of its rms voltage or its mean power level as measured in a 4 MHz band above the lower channel boundary of a Broadband Telecom- munications Network. 5 a f Physical Mile of Plant shall mean total miles of trunk, feeder and super -trunk cable. Reasonable Notice shall mean the provision of notice of contemplated action delivered at least forty-eight (48) hours prior to such action. R.M.S. Root -Mean -Square - the effective value of an alternating current waveform which would be numerically equal in energy to a constant direct current. Sale shall include any Bale, exchange, barter or offer for sale. Service Area - that geographical area within the incorporated limits of the City. Shall and Must - each is mandatory. Strand Mile shall mean messenger strand as measured from pole to pole without taking into consideration sag or downguys, and for buried plant, actual trench feet. State shall mean the State of Iowa. Street shall include all streets, roadways, highways, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, easements, rights-of-way or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated by law. Studio shall mean the land, electronic processing equipment, towers, building, cameras, lights and other appurtenances normally associated with and located at the Grantee's local origination and/or public access plants of a Broadband Telecommunications Network, excluding the head end. Subscriber shall mean any person, firm, company, corporation or association receiving either "basic service" or "additional service" from the Grantee under the schedule charges filed with and approved by the City. Subscriber Terminal - the Broadband Telecommunications Network's 75 ohm cable terminal to which the subsciber's equipment is connected. Separate terminals may be provided for delivery of cable television signals, FM broadcast, or other signals of differing classifications. Substantially Completed - operation will be considered substantially completed when sufficient distribution facilities have been installed so as to permit the offering of "full network services" to at least ninety percent (90%) of the dwelling units in the service area to which access is legally and reasonably available. Terminal Isolation - at any subscriber terminal, the attenuation between that terminal and any other subscriber terminal in that network. Upstream - the direction of transmission over the BTN from a subscriber terminal to the network's "head end" or "hub". Video Grade shall mean transmission primarily analog in nature including the picture phase of a television broadcast. Visual Signal Level - the rms voltage produced by the visual signal during the transmission of synchronizing pulses. 7 I - D, S t SECTION 14-62. IOWA CITY BROADBAND TELECOMMUNICATIONS COMMISSION 1. Commission Established. Within 30 days of the granting of the first franchise, there shall be appointed a commission to be known as the Iowa City Broadband Telecommunications Commission. 2. The Commission shall consist of five citizens of the City appointed by the City Council for a term of three years except that the first appointees shall he appointed (1) for a term of one year; (2) for a term of two years; and (2) for a term of three years; and thereafter each for a term of three years. Following system completion it is recommended that a majority of the members be subscribers to the system at the time of their appointment. 3. Powers and Duties of the Commission. The duties of the Broadband Telecommunications Commission, in ad- dition to those set forth in Section 14-64 shall be as follows: (a) Resolving disputes or disagreement between subscribers, potential subscribers and Grantee should such parties be unable first to resolve their dispute. The Commission shall conduct a public hearing upon any petition by any person seeking resolution of a dispute concerning the operation of any franchise granted hereunder. The hearing shall be conducted pursuant to the Iowa City Administrative Code and following such hearing the Commission shall issue its finding or determination. Said finding or decision shall be final and any person aggrieved may seek relief therefrom in the District Court of Iowa as provided by state law. 8 11 � P (b) Reviewing and auditing reports submitted to the City as required and said such other correspondence as submitted to the City concerning the operation of the Broadband Telecommunications Network so as to insure that the necessary reports are completed and fulfilled pursuant to the terms of the ordinance. (c) Work with the public and the media to assure that all records, rules and charges pertinent to the Broadband Telecommunications Network in the City of Iowa City, Iowa, are made available for inspection at reasonable hours upon reasonable notice. (d) Confer with the Grantee and advise on the interconnection of the City's cable system with other cable and communications systems. (e) Subsequent to the initial franchise, solicit, review and provide recommendations to the City Council for selection of applicants for franchise under provisions of Sections 14-69 and 14-70. (f) Initiate inquiries, receive requests for review of rates charged by the Grantee, and provide recommendation on such actions to the City Council. (g) Conduct evaluations of the system at least every three (3) years, with the grantee, and pursuant thereto, make recom- mendations to the Council concerning system improvements and amendments to this ordinance or any franchise agreement. (h) Establish and administer sanctions as authorized by the City Council to insure compliance with this ordinance. (i) To make recommendations to the Grantee of the Broadband Tele- communications Network and to the educational and governmental users of the educational and governmental access channels. N 1-4 (j) To insure that the Grantee makes the public access channel available to all residents of the City on a nondiscriminatory basis. (k) To assure that the operation of the public access channel be free of program censorship and control. (1) To perform such other duties and functions relative to public access channels as may be appropriate in order to maximize its use among the widest range of individuals, institutions and other organizations within the City. This shall include recommendations to the City Council for utilization of the annual franchise payment. Commission shall adopt such rules and regulations as are necessary to carry out its functions and to insure that due notice is given to all parties concerning any hearing on any complaints to said Commission and the hearings are held promptly in accordance with reasonable notice to all parties. The Commission shall also have such powers to include the election of its own officers. 10 ►--75 SECTION 14-63. BROADBAND TELECOMMUNICATIONS SPECIALIST The City Manager is hereby authorized to appoint a broadband telecom- munications specialist for the purpose of exercising the city's con- tinuing regulatory jurisdiction over the franchise. Such responsibility shall include but not be limited to the following matters: (a) Receive and investigate such complaints, disputes or disagree- ments as may be directed or referred to the City of Iowa City, Iowa between subscribers or potential subscribers and Grantees of a Broadband Telecommunications Network and other distribution systems interconnected with the Broadband Telecommunications Network, not first able to resolve their differences. (b) Report his or her recommendations upon complaints, disputes or disagreements after investigation, to the Broadband Telecom- munications Commission for the issuance of finding. (c) Review and audit reports, records, communications and Grantee regulations submitted to the City of Iowa City, Iowa and conducting such inspections of the system as may be necessary in support of such review as provided for in the City of Iowa City Broadband Telecommunications Franchise Enabling Ordinance. (d) Work with the public and the media to assure that all tariffs, rates, charges and rules pertinent to the operation of the Broadband Telecommunications Network in the City of Iowa City, Iowa are made available for inspection by the public at reasonable hours and upon reasonable request. 11 1-7(n (e) Confer and coordinate with the Grantee on the interconnections of the City's Broadband Telecommunications Network with other similar networks. (f) Advise the Broadband Telecommunications Commission. (g) Other such duties as the City Manager or the Broadband Tele— communication Commission may assign. E SECTION 14-64. REGULATORY JURISDICTION AND PROCEDURES (1) Continuing Regulatory Jurtfldlrtlon. Thr City shall have con- tinuing regulatory .jurlsdir.tlon and supervision over the operation of any franchise granted hereunder and may from time to time adopt such reasonable rules and regulations as they may deem necessary for the conduct of the business contemplated thereunder. (2) Regulatory Procedures. (a) The Broadband Telecommunications Commission shall consider any inquiry or proceeding requiring City Council action to be taken in regard to the Broadband Telecommunications Network or franchise, whether upon application or request by the Grantee or any other party or on its own motion and shall submit such consideration, together with the Commission's recommendation, to the City Council within sixty (60) days of the receipt of such request unless such time shall he extended by agreement between the Commission and the requesting party. Any action by the City Council on any Commission recommendation shall be taken only after thirty (30) days notice of said proposed action, inquiry, or proceeding is published in the official newspaper having general circulation and a copy of said notice is served upon the Grantee. The Grantee shall have an opportunity to respond at the hearing and/or in writing. Members of the public shall have an opportunity to respond or comment in writing on the proposed action and appear at said proceeding or hearing, however, such hearing or proceeding shall be set no later than ninety (90) days after notice to the Grantee and the City Council shall act upon this proceeding within one hundred eighty (180) days of the notice of hearing unless such time is extended by agreement between the City and the Grantee. The decision of the City Council shall become a final determination. 13 M (b) The public notice required by this section shall state clearly the action or proposed action to be taken, the time provided for response, including response by the public, the person or persons in authority to whom such responses shall be addressed and such other procedures as may be specified by the City Council. If a hearing is to be held, the public notice shall give the date, location and time of such hearing. The Grantee is a necessary party to any hearing conducted in regard to its operation. (3) Failure to Enforce Provisions. The Grantee shall not be excused from complying with any of the terms and conditions of the franchise by any failure to the City upon one or more occasions to insist upon or to seek compliance with any such terms or conditions. (4) Contravention of Provisions. The cost of any successful litigation incurred by the City to enforce provisions of this ordinance or of the franchise ordinance, or in relation to a franchise shall be reimbursed to the City by the Grantee. Such costs shall include filing fees, costs of depositions, discovery, and expert witnesses, all other expenses of suit, and a reasonable attorney's fee. (5) Triannual Franchise Review. (a) On or about the third, sixth, ninth and twelfth anniversaries of the effective date of the franchise, the City will schedule a public meeting or meetings with the Grantee to 14 1"lg n review the franchise performance, plans and prospects. The City may requir(i the Grantee to make available specified records, documents and information for this purpose, and may inquire in particular whether the Grantee is supplying a level and variety of services equivalent to those being generally offered at that time in the industry in comparable market situations. (b) The City shall first confer with the Grantee regarding modifications in the franchise which might impose additional obligations on the Grantee, and the Grantee may in turn seek to negotiate relaxations in any requirements previously imposed on it which are subsequently shown to be impractical. (c) Within thirty (30) days of the conclusions of such negotiations, the City may direct the Grantee to show cause why specified terms and conditions should not be incorporated into the franchise and the Grantee may similarly file with the City a written request that specified obligations of its franchise be removed or relaxed. Implementation of such requests shall correspond as nearly as possible with the procedures set forth herein. The Commission will recommend to Council changes in the franchised rights and obligations of the Grantee only if it finds from all available evidence that such changes will not impair the economic viability of the system or degrade the attractiveness of the system's service to present and potential subscribers. 15 IPn (6) Review of Franchise Prior to Expiration. (a) Public Meeting to be Scheduled. At least six (6) months to the expiration of the franchise, the City shall schedule a public meeting or meetings with the Grantee to review the performance of Grantee, including the results of the previous franchise reviews. The City may require the Grantee to make available specified records, documents and information for this purpose, and may inquire in particular whether the Grantee is supplying a level and variety of services equivalent to those being generally offered at that time in the industry in comparable market situations. (b) Determination on Reissue. The City shall, within thirty (30) days of the conclusion of such meetings, provide a determination as to whether a Broadband Telecommunications Network franchise or franchises will be reissued. In making said decidion the City shall consider the technical, financial and programming performance of the franchise holder and specifically with relation to any and all applications, promises or agreements made or entered into by the franchise holder and its performance of said applications, promises or agreements. In the event the City determines not to reissue the franchise or franchises for reasons other than a material breach of the franchise or for causes unrelated to the performance thereunder, it shall be so stated for purposes of Section 14-71(3). The City shall establish public proceedings leading to a final decision and such public proceedings shall include but not 16 be limited to a public henring providLng opportunity for the public and applicant(s) for the relasued franchLse to appear. 17 1 Ra. SECTION 14-65. SIGNIFICANCE OF FRANCHISE (1) Franchise Nonexclusive. Any franchise granted hereunder by the City of Iowa City, Iowa shall not be exclusive and the City reserves the right to grant a similar franchise to any person, firm, company, corporation, or association at any time. (2) Franchise Amendable. The scope of any franchise granted hereunder shall be deemed amendable from time to time to allow the Grantee to innovate and implement new services and developments; provided, however, that no such services or developments be implemented without the express prior approval of the City Council. (3) Privileges Must be Specified. No privilege or exemption shall be inferred from the granting of any franchise unless it is specifically prescribed. Nothing in this ordinance shall be deemed to require the granting of a franchise when in the opinion of the Council it would not be in the public interest to do so. (4) Authority Granted. Any franchise granted hereunder shall give to the Grantee the right and privilege to construct, erect, operate, modify and maintain, in, upon, along, above, over and under streets, as defined in Section 14-61 herein, which have been or may hereafter be dedicated and open to public use in the City, towers, antennas, poles, cables, electronic equipment, and other network appurtenances necessary for the operation of a Broadband Telecommunications Network in the City; subject to the requirements of Section 14-85 of this ordinance. 18 (5) Previous Rights Abandoned. A franchise granted hereunder shall he in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by a Grantee or any successor pertaining to the construction, operation, or maintenance of a cable communications system in the City. The acceptance of a franchise shall operate, as between Grantee and the City, as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the City. All construction, operation and maintenance by the Grantee of any cable system in the City shall be under the franchise and not under any other right, privilege, power, immunity, or authority. (6) Subject to Other Regulatory Agencies Rules and Regulations. The Grantee shall at all times during the life of any franchise granted hereunder be subject to all lawful exercise of the police power by the City and other duly authorized regulatory State and Federal bodies and shall comply with any and all ordinances which the City has adopted or shall adopt applying to the public generally and to other Grantees. (7) Pole Use Agreements Required. Any franchise granted hereunder shall not relieve the Grantee of any obligation involved in obtaining pole— or conduit—use agreements from the gas, electric and the telephone companies, or others maintaining poles or conduits in the streets of the City, whenever the Grantee finds it necessary to make use of said poles or conduits. (8) No Right of Property. Anything; contained here Ln to the contrary notwithstanding, the award of any franchLse hereunder shall not impart to the Grantee any right of property In or on City—owned property. (9) Franchise Binding. Anything contained herein to the contrary notwithstanding, all provisions of this ordinance and any franchise granted hereto shall be binding upon the Grantee, its successors, lessees, or assignees. 20 0 SECTION 14-66. THY, BROADBAND TELY,COMMUNI(WrIONS FRANCHISE (1) Franchise Required. No person, firm, company, corporation or association shall construct, install, maintain or operate within any public street in the City, or within any other public property of the City, any equipment or facilities for the distribution of television signals or radio signals or other intelligences either analog or digital over a Broadband Telecommunications Network to any subscriber unless a franchise authorizing the use of the streets or properties or areas has first been obtained pursuant to the provisions of this ordinance, and unless such franchise is in full force and effect. (2) Review of Qualifications. Specific permission to operate a Broadband Telecommunications Network under the provisions of this ordinance may be granted by the City Council of the City to any Grantee after a review of the legal, character, financial, technical qualifications and the adequacy and feasibility of the Grantee's construction ar— rangements and after the City Council has approved the Grantee's qualifications as a part of a public proceeding affording due process. (3) Duration of Franchise. Upon filing by the Grantee of the proper acceptance, the bond and the required insurance and security fund, the franchise shall take effect as provided in Section 14-70 and shall continue in full force and effect for a term of fifteen (15) years. 21 0 The City shall establish public proceedings leading to a final decision and such public proceedings shall include but not be limited to a public hearing providing opportunity for the public and applicant(s) for the reissued franchise to appear. 22 ICCI M SECTION 14-67. OPERATION OF FRANCHISE (1) Operations to be in Accordance With Rules. The Grantee shall maintain and operate its Broadband Telecommunlcntlons Network in accordance with the rules and regulations of the Federal Communications Commission, the State of Iowa and/or the City as are incorporated herein or may be promulgated. (2) Interruption of Service; Notification. The Grantee, whenever it is necessary to interrupt service over the Broadband Telecommunications Network for the purpose of network maintenance, alteration or repair, shall do so at such time as will cause the least amount of inconvenience to the subscribers, and unless such interruption is unforeseen and immediately necessary, the Grantee shall give reasonable notice therof to the affected subscribers. (3) Studios, Office and Phone for Complaints. The Grantee shall maintain an office, production studio, and public access production facilities within the City limits which shall be open during all normal business hours, have a listed local telephone number, and be so operated that complaints and requests for repairs or adjustments may be received at any time. (4) Operations. The Grantee shall make available and maintain at least, one (1) fixed color studio facility, portable production equipment and post production equipment for utilization by access users. In addition Grantee will provide training of potential 23 users for the use of such equipment. The Grantee may make a fair and reasonable charge for use of these facilities and equipment not to exceed a rate schedule filed with and approval by the City Council. As maximum use of public access is of a great deal of interest to the City, application for franchise hereunder are encouraged to propose a plan by which equipment and facilities are dedicated to public access use at no charge to users. (5) Service Records Maintained. The Grantee shall at all times make and keep at an office maintained by the Grantee in the City of Iowa City, Iowa a list of all complaints and interruptions or degradation of service received or experiences during the term of franchise. The records maintained above shall also include complaint response time and service restoral period and shall be continuously open to inspection, examination or audit by any duly authorized represen- tative of the City or member of the public. (6) Grantee Rules and Regulations. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonable and necessary to enable the Grantee to exercise its rights and perform its obligations under this ordinance and any franchise granted hereunder. (a) Rules to be in Conformance With Other Regulations. None of such rules, regulations, terms and conditions promulgated under Subsection (6) above shall be in conflict with the provisions hereof or the laws of the State, or the Rules and 24 Regulations of the Federal Communications Commission, or any rules and regulations promulgated by the City in the exercise of their regulatory authority granted hereunder. (b) All Rules to be Filed With City. Two (2) copies of all rules, regulations, terms and conditions promulgated under Subsection (6) above, together with any amendments, additions or deletions thereto, shall be kept currently on file with the City Clerk and another copy therof shall he maintained for public inspection during normal business hours at Grantee's office in the City; no such rules, regulations, terms, conditions, or amendments, additions or deletions thereto shall take effect unless and until so filed and maintained. (7) Subscribers' Antennas. The Grantee shall not require the removal, or offer to remove or provide any inducements for removal of any potential or existing subscriber's antenna as a condition of pro- vision of service. (8) Sale or Service of Television Receivers. Neither the Grantee during the period of the franchise nor any of its affiliated, subsidiary, parent organizations, officers or directors or stock- holders holding five percent (5Y.) or more of outstanding stock of the Grantee, shall within the corporate limits of the City or within ten (10) miles in any direction, directly or indirectly, engage in the retail sale, renting, leasing, or repairing of radio or television receivers or their appurtenances, nor shall they require any subscriber to utilize the services of any specific television/radio service business for the repair or maintenance of 25 l qn the subscriber's receivers, either radio or television. This section shall in no way prohibit the sale, rental or service of convertors necessary to the operation of the RTN by the Grantee. (9) Antenna Switch. The Grantee, upon request from any subscriber, shall install at a reasonable charge therefore, a switching device so as to permit a subscriber to continue to utilize his/her own television antenna as he or she chooses. (10) Service Response and Rebate. The Grantee shall provide "same day service" response, seven (7) days a week for all complaints and requests for repairs or adjustments received prior to 2:00 p.m. each day. In no event shall the response time for calls received subsequent to 2:00 p.m. exceed twenty-seven (27) hours. Upon failing to correct total loss of customer service within twenty-seven (27) hours, of initial complaint the Grantee shall credit one-thirtiett (1/30) of the monthly charge for "basic service" to each subscriber for each twenty-four (24) hours following report of loss of service to the Grantee. (11) Upgrading of Facilities, Equipment and Service. The Grantee shall upgrade its facilities, equipment and service as subscribers' demands dictate so that its network is as advanced as the current state of technology and reasonable economic feasibility will allow. 26 SECTION 14-68. RIGHTS RESERVED TO THE CITY (1) Right of Amendment Reserved to City. The City may from time to time, add to, modify or delete provisions of this ordinance as it shall deem necessary in the exercise of its regulatory powers provided that such additions or revisions are reasonable and do not place an undue financial burden on the Grantee. Such additions or revisions shall be made only after a public hearing for which the Grantee shall have received written notice at least thirty (30) days prior to such hearing. (2) No Impairment of City's Rights. Nothing herein shall he deemed or construed to impair or affect, in any way to any extent, the right of the City to acquire the property of the Grantee through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right to eminent domain. (3) Grantee Agrees to City's Rights. The City reserves every right and power which is required to be reserved or provided by an ordinance of the City, and the Grantee by its acceptance of the franchise, agrees to be bound thereby and to comply with any action or require- ments of the City in its exercise of such rights or powers which have been or will be enacted or established. 27 Iq� (4) City's Right of Intervention. The City shall have the right to intervene and the Grantee specifically agrees by its acceptance of the franchise not to oppose such intervention by the City in any suit or proceeding to which the Grantee is a party. (5) Powers of the City. Neither the granting of any franchise nor any provision governing the franchise shall constitute a waiver or bar to the exercise of any governmental right or power of the City. (6) City's Transfer of Functions. Any right or power in, or duty imposed upon any elected official, officer, employee, department, or board of the City shall be subject to transfer by the City to any other elected official, officer, employee, department or board. (7) City's Right of Inspection. The City reserves the right during the life of any franchise granted hereunder, to inspect and supervise ,all construction or installation work performed subject to the provisions of this ordinance and to perform network measurements to insure compliance with the terms of the ordinance. (8) City's Right of Acquisition. Upon expiration of the term of the franchise, or revocation, or other termination as provided by law, or upon receipt of application for approval of an assignment of the franchise or upon change defacto control, the City shall have a right to purchase the Broadband Telecommunications Network as set forth in Section 14-71(3) herein. 28 19'� (9) City's Right of Network installation. The City reserves the right during the life of any franchise granted hereunder, to install ,and maintain free of charge upon or In the poles and conduits of the Grantee any wire and pole fixtures necessary for municipal networks on the condition that such installation and maintenance thereof does not interfere with the operation of the Grantee.. 291 `n Li SECTLON 14-69. AI'I'LICATLIINS FOR FRANCHISE. No franchise may be granted unless the applicant has successfully completed the application procedure in accordance with filing instructions promulgated by the City: (1) Proposal Bond and Filing, Fee. Provision of. the Proposal Bond as required in Section 14-75(1) and payment of a nonrefundable filing fee to the City of one thousand dollars ($1,000) which sum shall be due and payable at the time with the submission of the application. (2) All applicants must complete the Request for Proposal (RFP) issued by the City which shall include but not be limited to the following: (a) Name and Address of Applicant. The name and business address of the applicant, date of application and signature of applicant or appropriate corporate officer(s). (b) Description of Proposed Operation. A general description of the applicant's proposed operation, including but not limited to: business hours; operating staff; maintenance procedures beyond those required in the ordinance; management and marketing staff complement and procedures; and, if available, the rules of operation for public access. (c) Signal Carriage. A statement of the television and radio services to be provided, including both off -the -air and locally originated signals. (d) Special Services. A statement setting forth a description of the automated services proposed as well as a description of the production facilities to be made available by the Grantee 30 l q,:1 0 for the public, municipal, and educational channels required to he made nvailahle by tho providsions of this ordinance. (e) Schedule of Charges. A statement of the applicant's proposed Schedule of Charges as set forth by the provision of Section 14-76 hereunder. (f) Corporate Organization. A statement detailing the corporate organization of the applicant, if any, including the names and addresses of its officers and directors and the number of shares held by each officer and director. (g) Stockholders. A statement Ldentifying the number of authorized outstanding, shares of applicant's stock including a current list of the names and current addresses of its shareholders holding three percent (3%) or more of applicant's outstanding stock. (h) Intra -Company Relationships. A statement describing all intra -company relationships of the applicant, including parent, subsidiary or affiliated companies. (i) Agreements and Understandings. A statement setting forth all agreements and understandings, whether written or oral, existing between the applicant and any other person, firm, group or corporation with respect to any franchise awarded hereunder and the conduct of the operation thereof existing at the time of proposal submittal. (j) Financial Statement. If applicant is a corporation, audited financial statements for the two (2) previous fiscal years. If applicant is a partnership, copies of the "U.S. Partnership Return of Income" (IRS Form 1065) for the two (2) previous 31 i 9(D fiscal years. TF appliennl IH a sole proprietorship, copies of the "U.S. Individual Income Tax Return" (IRS Form 1040) for the two (2) previous fiscal years. (k) Financial projection. A ten (10) year operations proforma which shall include the initial and continuing plant investment, annual profit and loss statements detailing income and expenses, annual balance sheets, and annual levels of subscriber pene— tration. Costs and revenues anticipated for voluntary services shall, if presented, be incorporated in the proforma as required in this ordinance, but shall he separately identified in the proforma. (1) Financial Support. Suitable written evidence from a recognized financing institution, addressed to both the applicant and to the City, advising that the applicant's financial ability and planned operation have been analyzed by the institution and that the financing institution is prepared to make the required funds available to applicant if it is awarded a franchise. If the planned operation is to be internally financed, a board resolution shall be supplied authorizing the obtainment and expenditure of such funds as are required to construct, install and operate the Broadband Telecommunications Network contemplated hereunder. (m) Construction Timetable. A description of system construction including the timetable for provision and extension of service to different parts of the City. (n) Technical Description. A technical description of the type of system proposed by the applicant, including but not limited to, system configuration (i.e. hub, dual cable), system capacity, 32 19 � two-way capability, etc. (o) Technical Statement. A statement from the applicant's senior technical staff member or consultant advising that he/she has reviewed the Network Description, the Network Technical Standards, Performance Measurements, Channels to be Provided, Service Standards, Construction Standards and Conditions of Street occupancy as set forth in or required by Sections 14-82, 14- 83, 14-67, 14-84 and 14-85, respectively, hereunder and that the applicant's planned network and operations thereof will meet all the requirements set forth therein. (p) Existing Franchises. A statement of existing franchises held by the applicant indicating when the franchises were issued and when the systems were constructed and the present state(s) of the system(s) in each respective governmental unit, together with the name and address and phone number of a responsible governmental official knowledgeable of the applicant. (q) Convictions. A statement as to whether the applicant or any of its officers or directors or holders of three percent (3Y.) or more of its voting stock has in the past ten (10) years been convicted of or has charges pending for any crime other than a routine traffic offense and the disposition of each such case. (r) Operating Experience. A statement detailing the prior cable television experience of the applicant including that of the applicant's officers, management and staff to be associated where known with the proposed ordinance. 33 I^ R (s) Franchise Renewal Information. If an application is for renewal of a franchise, the proposal must include, in addition to the information required in Subsections a through q above: (i) A summary of the technical, financial and programming history of the network since the granting of the original franchise. (ii) A statement and timetable that outlines all proposed changes, expansion or improvements in the system as to services, programming or technical specifications during the forthcoming three (3) year review period. (3) Special Interests Whereas the City is interested in maximizing the potential of the Broadband Telecommunications Network (BTN) comparative evaluations of applications will reflect the City's special interest in the following areas: (a) Programming and Production Assistance. A proposal for funding, facilities, equipment, or personnel beyond those required elsewhere to be designated to effect and promote local programming development. It is understood that the foregoing will be available without charge to all on a fair and nondiscriminatory basis. (b) Discrete Carriage Capacity. A proposal for the origination, experimental uses and/or interconnection by or of agencies specified in the ordinance Section 14-80 for specialized needs, and a plan accommodating such future needs as may arise. 34 Iq9 (c) Bi-directional Capacity. A proposal for effectuating the BTN's bi-directional capacity. (d) Multiple Origination. A proposal for system construction in such a way that it is possible to allow occasional simultaneous cablecasting of different programs on the same channel to different parts of the City. (e) University of Iowa. A proposal for interconnecting the City's BTN with a University of Iowa cable network as specified by the University so that residents of the City will benefit from the University's resources. (f) Convertors. A proposal for inclusion of convertors as part of the basic service. (4) Additional Requirements. The application for franchise shall respond specifically, and in sequence, to the RFP. Twenty (20) copies of the application shall be supplied to the City. The City may, at its discretion, consider such additional information as part of the application. (5) Supplementation to Applications. The City reserves the right to require such supplementary, additional or other information that the City deems reasonably necessary for its determinations. Such modifications, deletions, additions or amendments to the application shall be considered only if specifically requested by the City. 35 (5) Supplementation to Applications. The City reserves the right to require such supplementary, addLtional or other information that the City deems reasonably necessary for its determinations. Such modLfi— cations, deletions, additions or amendments to the application shall be considered only if specifically requested by the City. 36 1300 SECTCON 14-70. ACCErrANCH AND HFFF.CTCVE DATE OF FRANCHISE (1) Franchise Acceptance Procedures. Any franchise awarded hereunder and the rights, privileges and authority granted thereby shall take effect and be in force from and after the thirtieth (30th) day following the award thereof, provided that within thirty (30) days from the day of such award the Grantee shall file with the City the following: (a) A notarized statement by the Grantee of unconditional acceptance of the franchise, and (b) A certificate of insurance as set forth in Section 14-74(6) (c) A performance bond in the penal sum of five hundred thousand dollars ($500,000) as set forth in Section 14-75(2) herein and deposit of the security fund, and (d) Reimbursement to the City for the costs of publication of this ordinance, and (e) Written notification of the Grantee's location and address for mail and official notifications from the City. (2) Forfeiture of Proposal Bond. Should the Grantee fail to comply with Subsection (1) above it shall acquire no rights, privileges or authority under this ordinance whatever, and the amount of the Proposal Bond or certified check in lieu thereof, submitted with its application shall be forfeited in full to the City as liquidated damages. 37 ri� 0 (3) Grantee to Have no Recourse_. The Crantee shall have no recourse whatsoever against the City fur any loss, cost, expense or damage arising out of any provision or ruqutrement or this ordinance or Its regulation or from the City's exercise of its authority to grant additional franchises hereunder. This shall not include negligent acts of the City, its agents or employees which are performed outside the regulatory or franchise awarding authority hereunder. (4) Acceptance of Power and Authority of City. The Grantee expressly acknowledges that in accepting any franchise awarded hereunder, it has relied upon its own investigation and understanding of the power and authority of the City to grant this franchise. (5) Inducements Not Offered. The Grantee by acceptance of any franchise awarded hereunder acknowledges that it has not been induced to enter into this franchise by any understanding or promise or other statement, whether verbal or written, by or in behalf of the City concerning any term or condition of this franchise that is not included in this ordinance. (6) Grantee Accepts Terms of Franchise. The grantee acknowledges by the acceptance of this ordinance and the franchise ordinance that it has carefully read its terms and conditions and it is willing to and does accept all the obligations of such terms and conditions and further agrees that it will, not prior to substantial completion of the system, set up as against the City the claim that any provision of this ordinance as adopted, and any franchise granted hereunder is unreasonable, arbitrary, invalid or void. 38 1 hZ (7)LncorporxtLon of Proposnln. Thr Crantee, by the rncceptancr. of any franchise awnrdc-d hereundi-r, agrees that the nit tern contnIned In the Grantee's application for franchtse and as stated in oral presen- tat Lon, except as inconsistent with the FCC Rules and Regulations, law or ordinance, shall he incorporated into the franchise as though set out verbatim. 39 n Li SECTION 14-71. TERMINATION OF FRANCHISE (1) Grounds for Revocation. The City reserves the right to revoke any franchise and rescind all rights and privileges associated with the franchise in the following circumstances: (a) If the Grantee should default in the performance of any of its obligations under this ordinance or the franchise, and fails to cure the default within thirty (30) days after receipt of written notice of the default from the City. (b) If the Grantee should fail to provide or maintain in full force and effect, the performance bond, security bond, and liability and indemnification coverages as required in Sections 14-74 and 14-75, respectively. (c) If a petition is filed by or against the Grantee under the Bankruptcy Act, or any other insolvency or creditors' rights law, State or Federal, and the Grantee shall fail to have it dismissed. (d) If a receiver, trustee or liquidator of the Grantee is applied for or appointed for all or part of its assets. (e) If the Grantee makes an assignment for the benefit of creditors. (f) If any court of competent jurisdiction, the FCC, or any State regulatory body by rules, decision, or other action determines that any material provision of the franchise documents, including this ordinance, is invalid or unenforceable. 40 (g) If the Grantee should violate any orders or ruling of any regulatory body having ,Jurtsdletion over the Grantee unless the Grantee is lawfully contesting the legality or applicability of such order or ruling. (h) If the Grantee fails to receive the necessary FCC or State certification unless such cause is directly attributable to an action or condition imposed by the City. (2) Procedure Prior to Revocation. Upon the occurrences of any of the events enumerated in Subsection (1) of this section, the City Council may, after hearing, upon thirty (30) days written notice to the Grantee citing the reasons alleged to constitute cause for revocation, set a reasonable time in which the Grantee must remedy the cause. If, during the thirty (30) day period, the cause shall be cured to the satisfaction of the City, the City may declare the notice to be null and void. If the Grantee fails to remedy the cause within the time specified, the Council may revoke the franchise. In any event, before a franchise may be terminated, the Grantee must be provided with an opportunity to be heard before the City Council. (3) Purchase of System by City. If the City determines not to reissue the franchise for reasons other than a material breach of the franchise or reasons unrelated to the performance of the franchise holder or upon receipt of an application for assignment of the franchise, or upon change of defacto control, the Grantee shall first offer the Broadband Telecommunications Network for sale to the City at a fair and just market value, which value shall include nl aCX0 7 the fair market value of tho sy!aam as a going concern including the Franchise itself and the rights and prlvtleyes granted by the City. When a franchise is revoked pursuant to this section or expires and is not renewed because of a material breach of the franchise, the Grantee shall first offer the Broadband Telecommunications Network for sale to the City at a fair and Just market value, which value shall not include any value for the franchise itself or for any of the rights or privileges granted by the City. In the event the determination of fair market value cannot be negotiated or determined, said value shall be determined by an impartial arbitration procedure pursuant to State law, wherein the Grantee and the City shall each choose an arbitrator and the arbitrators chosen shall choose the third and the valuation determined by said arbitrators shall he considered the fair market value at which the system will be offered to the City. The determination of the value of the system shall be decreased by the amount of any damages sustained by the City in connection with revocation or expiration, including without limitation, payment made by the City to another person or entity to operate the Broadband Telecommunications Network for a temporary period after revocation. The cost of the arbitration procedures shall be shared equally by the City and Grantee. The City shall have ninety (90) days to exercise the right of first refusal to purchase the network, said ninety (90) days commencing on the day the fair market value of the system is determined either 42 a n`l through negotiation or the arbttratlon procedure. 1f the City does not exercise its option to purchase, and the Network is not sold to another operator who has obtained a franchise from the City in a reasonable period of time, the Grantee, upon request by the City, shall promptly remove all its plant, structures and equipment; provided, however, that in the event the City determines not to exercise its right of first refusal it shall not unreasonably refuse to renew or grant a cable television franchise during a reasonable interim period. While transfer of the system and franchise is being negotiated, arranged or ordered the Grantee may be required to continue service to the public unless for reasons beyond the control of the Grantee said operation will be economically unfeasible to the Grantee. (4) Restoration of Property. In removing its plant, structures and equipment, the Grantee shall refill at its own expense, any excava— tion that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to the company's removal of its equipment and applicances, without affecting the electric or telephone cables, wires, or attachments. The City shall inspect and approve the condition of the public ways and public places and cables, wires, attachments and poles after removal. Liability insurance and indemnity provided in Section 14-74 and the performance bond and security fund in Section 14-75 shall continue in full force and effect during the period of removal. 43 CSR (5) Restoration by City, Reimbursement of Costs. In the event of a failure by the Grantee to complete any work required by Subsection (4) above or any work required by City law or ordinance within the time established and to the satisfaction of the City, the City may cause such work to be done and the Grantee shall reimburse the City the costs thereof within thirty (30) days after receipt of an itemized list of such costs or the City may recover such costs as provided in Section 14-75(2) and 14-75(4). (6) Lesser Sanctions. Nothing shall prohibit the City, in its rules and regulations, from imposing lesser sanctions or censures than revocation for violations of provisions of this ordinance including the shortening of the franchise period for substantial and repeated violations. (7) Expiration; Extended Operation. Upon the expiration of a franchise, the City may, by resolution, on its own motion or request of the Grantee, require the Grantee to operate the franchise for an extended period of time not to exceed six (6) months from the date of any such resolution. All provisions of the franchise shall continue to apply to operations during an extension period. The City shall serve written notice at the Grantee's business office of intent to extend under this section at least thirty (30) days prior to expiration of the original franchise or any extensions thereof. 44 ��q SEC LON 14-72. REPORTS AND RECORDS of THF. GRANTEE. (1) Annual Financial Reports Required. The Grantee shall file annually with the City Clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within three (3) months after the end of each subsequent fiscal year, two (2) copies of: (a) The report to its stockholders; (b) An income statement identifying revenues, expenses and income applicable to its operations under said franchise during the fiscal year or fraction thereof and; (c) A listing of its properties devoted to network operations together with an itemization of its investment in each of such properties on the basis of original cost, less depreciation. These reports shall include a balance sheet, listing of substantial liabilities and financing arrangements and such other reasonable information as the City may request, and shall be certified by a Certified Public Accountant. (2) Annual Facilities Report Required. The Grantee shall file annually with the City Clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within three (3) months after the end of each subsequent fiscal year, two (2) copies of a total facilities report setting forth the total physical miles of plant installed or in operation during the fiscal year and a map showing the location of same. 45 a Ifs (3) Annual Service Record Report Required. The Grantee shall, if requested by the City, fllr annually with the City Clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within three (3) months after the end of each subsequent fiscal year, two (2) copies of a list of all trouble complaints and network "downtime" received or experienced during the fiscal year. All such submitted data shall also include complaint disposition and response time. For the purposes of this provision, certified copies of a "complaint" logbook reflecting all such incidents will suffice. Also, if requested by the City, uncertified additions to the annual complaint log shall be supplied in two (2) copies to the City at intervals of not more than ninety (90) days following the filing of the annual report. (4) Annual Measurements Report Required. The Grantee shall file annually with the City Clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within three (3) months after the end of each subsequent fiscal year two (2) copies of a report on the network's technical measurements, as set forth herein. (5) Annual Operations Reports Required. The Grantee shall file annually with the City Clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within three (3) months after the end of each subsequent fiscal year two (2) copies of the following supplemental information: Q\ k (a) IF .a nonpublLc corporation, it list of all current sharo- hoIdors and hondholdorH hath of rocord or bone ffeIaI I. If a public corporation, a list of nll shareholders who individually or as a concerted group hold three percent (3%) or more of the voting stock of the corporation. (b) A current list of all Grantee's officers and directors including addresses and telephone numbers. (c) Copies of all pertinent agreements or contracts, including pole -use agreements, entered into by the Grantee during the fiscal year in the conduct of its business under a franchise granted hereunder. (d) The names and both business and residential addresses and phone numbers of the Broadband Telecommunications Network resident manager and engineer. (e) Two (2) copies of all types of subscriber agreements. Copies of individual subscribers' agreements are not to be filed with the City. (f) Copies of all rules and regulations promulgated by the Grantee during the fiscal year in the conduct of its business in accordance with the provisions of Section 14- 67 hereunder. (g) A copy of the annual report(s) of the parent firm(s) which own an interest of more than three percent (3i) or more of the voting stock of the Grantee; and such other annual report(s) of subsidiaries or divisions of the parent firm(s) as the City deems necessary. 47 (6) Application for Certificate of Compliance. The Grantee shall give formal notice to the CLty that it is seeking a Certificate of Compliance from the Federal CommunicatLons Commission. Within five (5) calendar days upon filing such a request with the Federal Communications Commission, the Grantee shall file two (2) copies of its application for certification with the City Clerk. (7) Public Availability of Reports. Such documents and reports as required under this ordinance must be available to the public in the office of the City Clerk, during normal business hours. Subscribers shall he notified of the availability of such reports in ways approved by the Broadband Telecommunications Commission. (8) Correspondence. The Grantee shall simultaneously file with the City Clerk a copy of each petition, application and communications transmitted by the Grantee to, or received by the Grantee from, any Federal, State or other regulatory commissions or agencies having competent jurisdiction to regulate and pertaining to the operations of any Broadband Telecommunications Network authorized hereunder. (9) City's Access to Records. (a) The City reserves the right during the life of any franchise granted hereunder to have access at all normal business hours and upon the giving of reasonable notice, to the Grantee's contracts, engineering plans, accounting, financial data, and service records relating to the property and the 48 r) I� operations of the Grantee and to all other records required to be kept hereunder. Nothing contained herein shall prevent the Grantee from enjoining the City from reviewing documents relating to proprietary interests not related to its operation under this ordinance in the City's regulatory program. (b) Records of subscriber lists and identifiable subscriber statistical data not otherwise required by this ordinance shall be made available only upon a ruling by a judge of competent jurisdiction that such records are material to the City's regulatory program. (10) Subscriber Agreement. The form of Grantee's agreements with its subscribers shall be subject to the approval of the City Council and two (2) copies of all types of agreements used by the Grantee shall be filed and maintained with the City Clerk. 49 n14 SECTION 14-73. FRANCHISE PAYMENT (1) Filing Fee. Applicants for a franchise hereunder shall pay a nonrefundable filing fee to the City of one thousand dollars ($1,000) which sum shall be due and payable at the time with the submission of the application. (2) Franchising Compensation. Grantees of a franchise hereunder shall provide an initial payment to the City in an amount equal to the direct costs of granting the franchise including but not limited to consultants fees, which sum shall be due and payable concurrently with the Grantee's acceptance of the franchise, to offset the City's costs in the franchise awarding process. (3) Annual Franchise Payment. Grantees of a franchise hereunder shall pay to the City an annual fee in an amount equal to three percent (3%) of the "annual gross revenues", as defined herein, in lieu of all other City's permits and fees, to be utilized by the City to offset its regulatory and administrative costs and to maximize awareness and use of the access capacity. This payment shall be in addition to any other payment owed to the City by the Grantee and shall not be constructed as payment in lieu of municipal property taxes or other State, County, or local taxes. (4) Method of Computation; Interest. (a) Sales taxes or other taxes levied directly on a per -subscription basis and collected by the Grantee shall be deducted from the 50 =11r:�, local annual gross revenues before computation of sums due the City is made. Payments due the City under the provisions of Subsection (3) above shall he computed annually as of December 31 for the preceding year and shall he paid simultaneously with the filing of annual reports required in Section 14-72 at the office of the City Clerk during his regular business hours. The payment period shall commence as of the effective date of the franchise. The City shall be furnished a statement with each payment, by a Certified Public Accountant, reflecting the total amounts of annual gross revenues, and the above charges, deductions and computations, for the annual payment period covered by the payment. (b) In the event that any payment is not made as required, interest on the amount due, as determined from the annual gross revenues as computed by a Certified Public Accountant, shall accrue from the date of the required submittal at an annual rate of twelve percent (12%). The percentages designated in this section may be amended no more than once each yeKr by the City Council, consistent with increased costs for municpal facilities and supervision and applicable rules of other regulatory agencies. (5) Rights of Recomputation. No acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a franchise fee under this ordinance or for the performance of any other obligation of the Grantee. All amounts paid shall be subject to audit and recomputation by the City. 51 .�llln SECTION 14-74. LIABILITY AND INDEMNIFICATION (1) Indemnification of Franchise. It shall be expressly understood and agreed by and between the City and any Grantee hereunder that the Grantee shall save the City harmless from all loss sustained by the City on account of any suit, judgement, execution, claim or demand which the City may legally be required to pay as a result of the enactment of this ordinance and the award of a franchise thereunder, except as such suit, judgement, execution, claim or demand may arise from the process or action of selection of a Grantee or Grantees for award of a franchise as provided herein. (2) Indemnification of City in Franchise Operation. It shall be expressly understood and agreed by and between the City and any Grantee hereunder that the Grantee shall save the City and its agents and employees harmless from and against all claims, damages, losses, and expenses, including attorney's fees sustained by the City on account of any suit, judgement, execution, claim or demand whatsoever arising out of the installation, operation or maintenance of the Broadband Telecommunications Network authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this ordinance and any franchise granted hereunder. This provision shall not apply to acts of the City, its agents or employees. (3) Reimbursement of Costs. The Grantee shall pay and by its acceptance of any franchise granted hereunder agrees that it will pay all expenses incurred by the City in defending itself with regard to all 52 _l11 damages and penalties mentioned in Subsections (1) and (2) above, except as such expenses may arise from the process (as above). These expenses shall include all out-of-pocket expenses, such as consultant's or attorney' fees, and shall also Include the reasonable value of any services rendered by the City Attorney or his/her staff or any other employee of the City. (4) Public Liability Insurance. The Grantee shall maintain and by its acceptance of any franchise granted hereunder agrees that it will maintain throughout the term of the franchise, any extensions thereto, or as required in Section 14-71(4) herein, a general comprehensive liability insurance policy naming as the additional insured the City, its officers, boards, commissions, agents and employees, in a company approved by the City Manager and in a form satisfactory to the City Manager, protecting the City and all persons against liability for loss or damage for personal injury, death or property damage, occasioned by the operations of Grantee under any franchise granted hereunder, in the amounts of: (a) Five hundred thousand dollars ($500,000) for bodily injury or death to any one person, within the limit, however, of one million dollars ($1,000,000) for bodily injury or death resulting from any one accident, and (b) Five hundred thousand dollars ($500,000) for property damage resulting from any one accident. 53 a I R (5) Notice of Cancellation or Reduction of Coverage. The insurance policies mentioned above shall contain an endorsement stating that the policies are extended to cover the liability assumed by the Grantee under the terms of this ordinance and shall contain the following endorsement: It is hereby understood and agreed that this policy may not be cancelled nor the amount of coverage thereof reduced until thirty ('10) days after recclpt by the City Manager by registered mail of two (2) copies of a written notice of such intent to cancel or reduce the coverage. (6) Evidence of. Insurance Filed With City Manager. All policies of insurance or certified copies thereof and written evidence of payment of required premiums, shall. by filed and maintained with the City Manager during the term of any franchise granted here— under, or any renewal thereof.. (7) No Waiver of Performance Bond. Neither the provisions of this ordinance nor any insurance accepted by the City pursuant hereto, nor any damages recovered by the City thereunder, shall be construed to excuse faithful performance by the Grantee or limit the liability of the Grantee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise. 54 _'l1 q SECTION 14./'u. BONUS (1) Proposal Bond. Each applicant for a franchise hereunder shall submit a proposal bond in a form acceptable to the City Manager or a certified check on a bank that is a member of. the Federal Deposit Insurance Corporation, payable to the order of the City in an ,amount of twenty-five thousand dollars ($25,000). Said bond shall remain in effect until such time as the applicant accepts the franchise and furnishes both the performance bond and the security fund as provided herein. (2) Performance Bond. The Grantee shall maintain, and by its acceptance. of any franchise granted hereunder agrees that it will maintain through the term of the franchise, or any renewal or extension thereof or as required in Section 14.71(4), a faithful performance bond running to the City, with at least two good and sufficient sureties or other financial guaranties approved by the City Manager, in the penal sum total of find hundred thousand dollars ($500,000) conditioned upon the Faithful performance of. the Grantee and upon the further condition that in the event the Grantee shall fail to comply with any law, ordinance or regulation governing the franchise, there shall be recoverable jointly and severally from the principal and surety of the bond, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification, I or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond. In addition, failure to meet construction deadlines as specified in Section 14.80 unless exempted under the provisions of Section 14.80(6) shall result in forfeiture of said 55 1) aD bond or withdrawal from thi, st,c•urIry fund as pruvidod in Section 14.70(4) up to $100 pvr day I'nr wu.h day buyond the construction deadline as compensation by way of liquidated damages as a result of such failure. The bond shall contain the following endorsement: It is hereby understood and agreed that this bund may not be cancelled nor the Intention not to renew be stated until thirty (30) days after receLpt by the (try Manager of the City of Iowa City, Iowa by registered mail of two (2) copies of a written notice of such intent to cancel or not renew. (3) Forfeit of. Proposal Bond. Should the applicant fail or refuse to accept a franchise hereunder or fail or refuse to furnish the Performance Bond as set forth herein within thirty (30) days after written notification of the award of a franchise by the City, said applicant will be considered to have abandoned Lts proposal and the City shall enforce the proposal bond in accordance with its terms or retain the proceeds of the certified check. (4) Security Fund (a) Within thirty (30) days after the award date of this franchise, the company shall deposit with the City Clerk the sum of Thirty Thousand Dollars ($30,000) in monies or securities as security for the faithful performance by it of all the provisions of this franchise, and compliance with all orders, permits and directions of any agency of the City having jurisdiction over Its acts or defaults under this contract, and the payment by the company of any claims, liens and taxes due the City which arise by reason of the construction, operation or maintenance 56 ��` of the system. Any montes deposited pursuant to this section shall he placed by the City Clerk in an interest hearing demand account at a bank or local savings institution agreeable to both parties. The interest on this account will accrue to the benefit of the company. (b) Within ten (10) days after notice to it that any amount has been withdrawn from the security fund deposited pursuant to subsection (4)(a) of this section, the company shall pay to, or deposit with, the City Clerk a sum of money or securities sufficient to restore such security fund to the original amount of Thirty Thousand Dollars ($30,000). (c) if the company falls to pay to the City any compensation required pursuant to this ordinance within the time fixed herein; or, fails, after ten (10) days notice to pay to the City any taxes due and unpaid; or, fails to repay to the City, within such ten (10) days, any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of the company in connection with this franchise; or, fails, after three (3) days notice of such failure by the Office of the City Manager, to comply with any provisions of this contract with the Office of the City Manager reasonably determines can be remedied by an expenditure of the security, the City Clerk may immediately withdraw the amount thereof, with interest and any penalties, from the security fund. Upon such withdrawal, the City Clerk shall notify the company of the amount and date thereof. 57 r�� (d) In the event the Grantee wishes to contest withdrawal, Grantee may petition to the Commission for a hearing within ten (10) days from date notice of withdrawal Ls mailed or otherwise given. 58 SECTION 14-76. FEES, RATES AND CHARGES (1) Charges for Services. Alt the following charges for services shall be subject to.City Council approval, in accordance with the schedule of charges contained in the Grantee's application for franchise, which schedule is incorporated herein by reference, and any modifications to such schedule that may result from a review requested by the City on its own motion or at the request of the Grantee. The charges shall be filed with the City and be in accordance with the requirements set forth in Subdivisions a through c of this subsection. (a) Basic Services Charges. The Grantee may make a charge to subscribers, private or commercial, for installation and connection and reconnection to its Broadband Telecommuni— cations Network and a fixed monthly charge for "basic service" within the meaning of Section 14-61 of this ordinance. Installation charges shall not be charged where premises are already wired. (b) Buried Service Charge. In the event that a subscriber requests a buried service drop to his residence, the Grantee shall bury such drop upon the payment of such fee(s) that have been approved by the City Council. (c) Unusual Connections Charges. The Grantee may make a charge to subscribers for installation and connection to its network in addition to those charges set forth in Subdivision (a) above, where unusual circumstances exist, such as remote or relatively inaccessible subscriber locations or for an antenna switching device. 59 a� (2) Not lrlcat[on of CIiargos. Tho Cranloo finny i•stahllsh charges for its services not Speclflod In SuhsectLon (1) above, however, all such charges, including but not limited to additional service, lensed channel, discrete channel, production and advertising; rates, and the charge to all users of the access channels for reasonable production and origination costs, shall be made public and two (2) copies of the schedule of charges, as originally and thereafter modified, shall. be filed with the City Clerk prior to the effective date of such changes. (3) All Rates to be Fair and Reasonable. All charges set by the Grantee for service shall he fair and reasonable and calculated to offset all necessary costs for provision of the service, including a fair rate of return on its investment devoted thereto under efficient and economical management. (a) No Cons Lderat ions Beyond Schedule. The Grantee shall receive no consideration whatsoever for or in connection with a service to its subscribers other than what may have been filed with and/or approved by the City in accordance with this section. (b) Deposits on Advance Payments to be Approved. The Grantee shall receive no deposit, advance payment or penalty from any subscriber or potential subscriber other than those established in the schedule of charges previously filed with and/or approved by the City Council. 60 �z5 (c) Purchase of Convertor or Switch. Tn the event that a set convertor or coaxial switch or other appurtenant device Is required to permit subscribers to receive "full network service", the Grantee shalt give the subscriber the option of purchasing the convertor at a reasonable cost at the time of initial installation thereof, or of purchasing said convertor switch or other appurtenant device at the then prevailing local Installment plan interest rate. The Grantee hereby agrees to allow the subscriber to provide a convertor, switch or other appurtenant device at its subscriber terminal, provided that such device meets with the approval of the Grantee. Such approval shall not be withheld IF it is shown that such device does not Lnterfere with the operatLon of the Broadband Telecommunicattons Network. If the subscriber elects not to purchase or provide said convertor, switch or other appurtenant device, the Grantee may make an additional charge for the rental of such convertor, switch or other appurtenant device providing that the additional charge Is in accordance with the schedule of charges contained in the Grantee's application for a franchise hereunder or hereafter shall he fLled with and approved by the CLty. (d) Subscriber Refunds. If any subscriber of. the Grantee of less than thirty (30) days terminates service due to; 1. Grantee's failure to render service to such subscriber of a type and quality provided for herein; 61 a lin 2. if service to a subscriber is terminated by the Grantee wl thuut good cause; or 3. IF the Grantee ceases to operate the Broadband Tele- communications Network authorized herein for any reason except termination or expiration of a franchise granted hereunder; the Grantee shall refund to such subscriber an amount equal to the monthly charge, installation and connection charge paid by such subscriber in accordance with the then existing schedule of charges. (e) Disconnection. There shall be no charge for disconnection of any installation or outlet. if any subscriber fails to pay a properly due monthly subscriber fee, or any other properly due fee or charge, the Grantee may disconnect the subscriber's service outlet. Such disconnection shall not be effected until sixty (60) days after the due date of said delinquent fee or charge, or until ten (10) days after adequate written notice of the Intent to disconnect has been delivered to the subscriber in question. Upon payment of charges due and the payment of a reconnection charge, if any, the Grantee shall promptly reinstate the subscriber's cable service after request by subscriber. 62 (4) Acceptance of City's Authority to Regulate Rates. The Grantee shall agree, and by its acceptance of a franchise, specifically agrees to be subject to the City, or other regulatory bodies, having competent jurisdiction to fix just, reasonable and compensatory rates. (5) Rates Subject to Other Regulations. The Grantee in submitting its request for approval of initial rates or any subsequent rates shall do so for all services to be performed to or for subscribers described in Subsection (1). If FCC Rules and Regulations, or any other applicable laws or regulations, shall subsequently determine that the City of Iowa City has jurisdiction over other services or service to be offered of performed, said rates shall be subject to approval by the City at that time. (6) Reduction of Fees. If during the term of any franchise or renewal thereof granted hereunder the Grantee receives refunds, or if the cost of operation to the Grantee is reduced as a result of an order of any regulatory body having competent jurisdiction; the Grantee shall pass on to its subscribers.on a prorated basis any such savings or reduced costs on a basis to be determined by the City Council. (7) Rate Change Procedures. (a) Freeze on Initial Rates. The Grantee shall not file an application for an increase in fees, rates or charges until twenty—four (24) months have expired from the time 63 32 ,(1), the Grantee has been determined to have commenced operation or from date Fritnchtse if; granted, whichever is later, except to seek relief from the imposition of any Federal, State or local taxes, or other legally imposed fees not contemplated in the original rate determinations. (b) Limitation on Application for Increase in Rates. The Grantee shall not file more than one (1) application for an increase in fees, rates or charges during any calendar year except to seek relief from the imposition of Federal, State or local taxes, or other legally imposed fees not contemplated in the most recent rate determination. (c) Review of Rates. The Broadband Telecommunications Com— mission shall review the Grantee's schedule of fees, rates or charges upon application by the Grantee as herein provided, or at any time on its own motion. The commission shall submit such schedule and any contemplated modifications thereof, together with its recommendtions, to the City Council as expressed in such a resolution. The City Council may reduce, or increase such fees, rates or charges adopted for this purpose and no change in the Grantee's schedule of fees, rates or charges shall be effective without prior action of the Commission and the approval of the Council. No such resolialun shall be adopted without prior public notice and opportunity for all interested members of the public, including the Grantee, to be heard, subject to the procedures set forth in Section (3) hereof. No change in rates shall take effect until thirty (30) days after the approval of the rates by the City Council. (d) Documentation of Request for Increase. Any increase requests, in addition to other factors described in this section, shall he supported by a showing of increased costs for the existing services or proposed services, and shall he filed in two (2) copies with the City Clerk. If a Grantee requests a change, it shall present in detail in writing the statistical basis, in addition to other require— ments as set out in this section, for the proposed fee change at least ninety (90) days prior to the proposed effective date. (e) Records to be Made Available. In addition, for the purposes of determining the reasonableness of Grantee fees, rates, or charges, all such information, in accordance with the provisions of Section 14-78(8), shall he made available to the City. (f) Notification of Changes in Regulatory Fees. The Grantee shall provide written notification to the City Council of any changes received in regulatory fees payable by it to any other agency having regulatory jurisdiction over the Grantee. AR ')�h SECTION 14-77. EDUCATION AND GOVERNMENT CONNECTION TO BROADBAND TELECOMMUNICATIONS NETWORK The Grantee shall provide upon request within the City one connection and monthly service for "basic service" to such public, parochial and nonprofit private schools, the University of Iowa, City and other government buildings and other agencies, provided that such designated locations are within three hundred (300) feet of any network cable route. Initial installation shall be without charge. The rates for monthly service shall be designated by the Grantee in its proposal. Rates for monthly service to residential or living units within such entities may be negotiated with each such entity. The Grantee may charge for any excess footage on the basis of time and material for any such locations beyond the three hundred (300) foot limitation if such connection is designated by the City. The City reserves the right for itself and the above entities at their individual expense, to extend service to as many areas within such schools, buildings and agencies as it deems desirable without payment of any additional installation fee or monthly fee to Grantee. All such extensions, however, shall be accomplished in such a way so as not to interfere with the operation of the Broadband Telecommunications Network. SECTION 14-78. EXTENSION OR NETWORK (1) Extension Across City Boundaries. Before any subscriber located In a community other than the City of Iowa City or University of Iowa is allowed to connect to the Broadband Telecommunications Network, the Grantee shall he capable of furnishing service to a "substantially completed" system for Iowa City residents unless a waiver of this section has been granted by the City Council of the City of Iowa City, Iowa. A written waiver request must be made thirty (30) days before, requesting an appearance before the City Council. Such waiver request shall clearly state the potential impact of such occurrence on the operations and finances of the Grantee, the costs of such an extension and who is to bear such costs, and any anticipated interconnection with such institutions, as defined in Section 14-77 within the area to be served by such network extension. If permission is granted by other jurisdictions the Grantee shall be required to extend the network or cooperate with other Grantees in those jurisdictions to provide service to institutions listed in Section 14-80 of this ordinance. (2) Extension of. Network Within City Boundaries. (a) Conditions of Required Extension. The Grantee shall at its expense within a reasonable amount of time extend its Broadband Telecommunlcattons Network so as to provide full network servlci• to all reHLdents of: 1. Newly annexed areas of. the City not then served by a Broadband Telecommunications Network, or 2. New housing areas developed within the City limits, or 3. Any resident dwelling within the City limits and two hundred (200) feet of existing network. (b) Extension Policy. The Grantee shall file with the City Clerk two (2) copies of its extension policy for potential subscribers dwelling beyond two hundred (200) feet from the nearest point of the existing network but within the City limits. Such policy must be approved by the City and the Grantee shall not make, or refuse to make, any extension except as permitted by this approved policy. (c) Disputes. The commission shall, upon petition, conduct a public hearing, and make a final determination concerning any disputes arising from the extension of the network as stated herein. SRC'rION 14-79. CONST U(PI'[ON TIMi:'rABLE (1) Permit Application. It la hereby deemed In the public interest that the system be extended as rapidly as possible to all residents within the City. Within ninety (90) days of the effective date of a franchise granted hereunder, the Grantee shall file with the appropriate authorities and utilities all initial papers and applications necessary to comply with the terms of this ordinance, including the application for franchise and any additions or amendments thereto and shall thereafter diligently pursue all such applications. After the Grantee has diligently pursued the acquisition of necessary pole attachment contracts, or other necessary easements, and where such necessary contracts have not been executed or easements obtained after a reasonable period of time as determined by the City, the City may at its discretion, provide assistance to insure the extension of the system to all residents. (2) Commencement of Construction. Within one hundred eighty (180) days of the effective date of FCC certification, the Grantee shall initiate construction and installation of the Broadband Telecommunications Network. Such construction and installation shall be pursued with reasonable diligence. (3) Commencement of Operation. Within twelve (12) months of the effective date of FCC certification, the Grantee shall "commence operation" within the meaning set forth in Section 14-61 of this ordinance. 69 (4) Substantial Completion of Construction. Within twenty—four (24) months of the effective date of FCC certification, the Grantee shall have "substantially completed" construction of the "service area" within the meaning set forth in Section 14- 61 of this ordinance. (5) Provision of Basic Service. Within thirty—six (36) months of the effective date of FCC certification, the Grantee shall have placed in use sufficient distribution facilities so as to offer basic service to one hundred percent (100%) of the dwelling units in the service area, to which access is legally and reasonably available. (6) .Delays and Extension of Time. The City Council may in its discretion extend the time for Grantee, acting in good faith, to perform any act required hereunder. The time for performance shall he extended or excused, as the case may be, for any period during which Grantee demonstrates to the satisfaction of the City Council that Grantee is being subjected to delay or interruption due to any of the following circumstances if reasonably beyond its control: (a) Necessary utility rearrangements, pole change—outs or obtainment of easement rights (b) Governmental or regulatory restrictions (c) Labor strikes 70 a �S (d) Tock outs (e) liar (f) National emergencies (g) Fire (h) Acts of God. (7) If FCC certification is not required for a franchise granted under this ordinance, all time periods specified in subsections (2), (3), (4)1, and (5) of this section shall commence with the effective date of the franchise granted hereunder. 71 7---14n SECTION 14-80. NETWORK DESCRIPTION a (1) System Bandwidth Capability. The Grantee shall install a cable network according to the following specifications: Initial system designed to a capacity equivalent to a minimum of thirty-five (35) forward 6 MHz channels, 20 MHz for FM signals and four (4) return 6 MHz channels. Capacity shall be increased as demand for additional channel utilization exceeds this minimum. The Grantee at its option may provide for this increased capacity at the time of initial construction. Whenever a reverse or feedback circuit is routed from a subscriber's premises, it shall be connected so as to permit subscriber notifica- tion and subscriber controlled deactivation. As total bi-directional capacity is of a great deal of interest to the City, applicants for a franchise hereunder may propose greater channel capacities and more sophisticated two way capabilities than the minimums set forth herein. However, such proposal shall describe the particular community needs to be served thereby and shall detail, as part of the financial projection and support required in Sectionl:4-19 M 1)the associated costs and revenues. (2) System Configuration. The Grantee shall design and construct the network in a "hub configuration" in such a way as to provide maximum flexibility, and to service the University of Iowa and other areas. (3) Grantee shall submit proposals to accommodate originator and experi- mental needs from the following locations as may be designated by the City: 72 Q^� 1 (a) The University of Iowa, Iowa City (b) City and County Buildings, three locations, one being the Council Chambers (c) Specified public, parochial and nonprofit private schools (d) The public library (e) The main office of the Board of Education (f) Public Access Center. (4) The system shall be designed and constructed in such a manner to prevent or deter invasion of privacy. 73 Q SECTION 14-81 (1) General Requiremvnts NETWORK TECHNICAL REQUIREMENTS Rach Bro;idhand Telecommunications Network must be so destgned, installed and operated as to meet the following, general requirements: (a) Capable of continuous twenty-four (24) hours daily operation; (b) Capable of operating over an outdoor temperature range of -40 degrees Fahrenheit to +140 degrees Fahrenheit without catastrophic failure or irreversible performance changes over variations in supply voltages from 105 to 130 volts AC; (c) Capable of meeting all specifications set forth herein over an outdoor temperature range of -10 degrees Fahrenheit to +100 degrees Fahrenheit over variations in supply voltages from 105 to 130 volts AC; (d) Operated in such a manner as to avoid causing interference with reception of off -the -air signals by nonsubscribers to the cable system; (e); Designed, installed and operated so as to comply with all applicable rules and regulations promulgated by the Federal Communications Commission; (f) Designed, installed and operated so as to assure the delivery to all subscribers of standard color and monochrome signals on the FCC --designated Class I cable television channels without noticeable picture degradation or visible evidence of color distortion or other forms of interference directly attributable to the performance of the Broadband Telecommunications Network. 74 A (2) Class I Channel Performance Requirements. The following requirements apply to system performance on the FCC -designated Class I cable television channels as measured at any subscriber terminal with a matched termination: (a) the signal level as measured at the visual carrier frequency for each cable television channel shall not be less than 1,000 (microvolts) across a 75 ohm terminating impedance. The aural carrier level shall be maintained between 13 and 17 decibels below its associated visual carrier level. (b) The visual carrier signal level on each television channel shall not vary more than twelve (12) decibels within any twenty-four (24) hour period and shall be maintained within: 1. Three (3) decibels of the signal level of any visual carrier within six (6) MHz nominal frequency separation; and 2. Twelve (12) decibels of the visual carrier signal level on any other cable television channel. 3. A maximum level such that signal degradation due to overload in the subscriber's receiver does not occur. (c) Broadband Telecommunications Network frequency response as measured at any subscriber terminal shall not vary by more than ± (plus or minus) two (2) db for all frequencies within - 0.5 and + 5.45 MHz of the lower band edge frequency. (d) The corrected ratio of visual signal level to system noise shall not be less than forty (40) decibels. This requirement is applicable only to the following signals: 75 -)LU-) 1. Each off -air signal carried by a Broadband Telecommuni- cations Network serving subscribers within the Grade B contour for that signal; or 2. Each off -air signal which is first picked up within its Grade B contour; or 3. Each off -air signal which is received by the cable system via microwave or other similar form of transmission. (e) Cross -modulation as measured at any visual carrier frequency from the cable system input to any subscriber terminal shall not exceed -46 db (as defined by NCTA Standard 002.0267) at a temperature range of -10 degrees to 100 degrees Fahrenheit. (f) The ratio of visual carrier signal level to the RMS amplitude of any coherent disturbances such as intermodulation products, system generated or induced co -channel signals or discrete frequency interferring signals shall not be less than forty- six (46) decibels except for officially assigned offset carriers for which it shall not be less than thirty-six (36) decibels. (g) The terminal isolation between subscribers shall not be less than twenty (20) decibels except that the isolation between multi -terminals of one subscriber shall not be less than eighteen (18) decibels. (h) The hum modulation as measured over the usable frequency bandwidth from Broadband Telecommunications Network input to any subscriber terminal shall not exceed three percent (3Y). The percent of hum modulation is defined as the ratio expressed in percent of the average level of the detected signal to one- half (;�) the indicated peak AC hum. 76 (i) Radiation from n oabli• IrlovIslon system shall he in accordance with the 11mits set forth In Part 76, Section 76.605(a)(12) of the FCC Rules and Regulations. (3) Standards Modified Where Necessary. Notwithstanding the fact that the network may be in compliance with all the standards set forth herein, the City may require a higher level of performance in any area to resolve signal quality or interference problems. (4) Specifications for Additional Channels to be Submitted. Proposed specifications for FCC designated Class II, III, and IV channels shall be submitted by the Grantee to and approved by the City as the use of these channels is implemented. (5) Interconnect Lon With Redistribution Systems. A Grantee shall not interconnect with any distribution or redistribution system that does not meet or exceed the technical standards of any system operated under this ordinance. 77 a4 a 8RCTION 14-82. i'I{ItMIRMANCH MKASIIRHMKNTS (l) General Requirements. Test procedures used in verification nF the performance criteria set forth herein shall he in accordance with good engineering; practice. The test procedures specified in Sub— section (2) of this section are designed as a guide and should he made under conditions which reflect system performance during normal. system operations. As there is more than one technically acceptable method for performing; many of the measurements, the technique and equipment utilized in each case if different Frnm those set forth belnw shall he fully described in the annual certificate filed with the City. (2) Measurements Procedures. All measurements shall be made From the "head end" of the Broadband Telecommunications Network to at least three (3) subscriber locations in each "local distribution system" at least two (2) of which shall be "worst case" locations (system extremities). Measurements shall be made at 75 ohms with the loss of the set transformer indicated where applicable for each test location. The measurements are to be made as follows: (a) Network frequency response_ measurements may be made with a calibrated signal generator., variable attenuator and a frequency selective voltmeter (if an accurately calibrated field strength meter is used for the measurements, its date of calibration shall he indicated on the technical measurement certificate filed with the City). All television signals except for ALC, ACC, or ASC pilot carriers may be disconnected during this 78 a 0 test. With all automatic gain control amplifiers in the sect ton ander test tint to their normal operattnt; mode, tlit! signal generator shatlI be connected to the Input of the Brood— hand Telecommunications Network and set for :t CW signal at the desired frequency and at the level normally present at that frequency and location. With the meter and variable attenuator connected in series to the subscriber termi.nal corder test, the signal level shall be measored and recorded. Measurement shall then he. made in a similar manner for all video carrier frequencies on the network at the levels normally carried on the network. (b) Network signal-to-noise measurements may he made in accordance with NCTA Standard 005.0669 or with a calibrated signal generator and frequency selective voltmeter connected as described in Subdivision (a) above. The signal generator shall be tuned, in turn, to the visual carrier frequency of each FCC -designated Class I cable television channel and the signal level at the subscriber terminal recorded. The meter should then be tuned to a frequency 2.5 Mllz above the visual carrier frequency of each channel described above and with the signal generator disabled, the indicated noise level recorded and corrected by an appropriate factor representing the ratio of 4 MIlz to the noise bandwidth of the frequency selective voltmeter. (c) The network cross -modulation measurement shall be performed in accordance with NCTA Standard 002.0267. (d) The amplitude of the discrete frequency interferences within a cable television channel may be determined with a frequency selective voltmeter, calibrated for adequate accuracy. 79 aLL4 (e) The terminal isolation between any two subscriber terminals may be measured by applying a signal of predetermined amplitude from a signal generator to one terminal in the reverse direction and measuring the amplitude of that signal at the other terminal with a frequency selective voltmeter. (f) The system hum modulation may be measured at each visual carrier frequency on the system using a calibrated signal generator, a detector and an oscilloscope. The signal generator shall be connected, and the level and frequency set at a predetermined mode with all other channels set at their normal levels. With the detector and oscilloscope connected to the subscriber terminal, the average level of the detected signal and the peak -to -peak AC hum will be indicated on the oscilloscope. The percent of hum modulation for this purpose is defined as the ratio, expressed in percent, of the average level of the detected signal to one-half (') of the indicated peak -to -peak AC hum. (g)' Radiation measurements shall be made in accordance with the procedures established in Part 76, Section 76.609(b)(1) - (b)(5) of the FCC Rules and Regulations. (3) Additional Tests and Inspection. The City reserves the right to: (a) Require additional tests for cause at specific terminal locations at expense of the Grantee and (b)' Conduct its own inspections of the Broadband Telecommunications Network on its own motion at any time during normal business hours with reasonable advance notice. 80 a L-�S (4) Report of Measurements CombLned. To the extent that the report of measurements as required above may be combined with any reports of measurements required by the FCC or other regulatory agencies, the City shall accept such combined rrports, provided that all standards and measurements herein or hereafter established by the City are satisfied. it aL�n SECTLON 14-87. CIIANNKI,S 'f0 BE PROVIDED (1) Public Access Channel. The Grantee shall provide at least one dedicated, noncommercial public access channel, associated production equipment and necessary staff production assistance to be made available for the first five (5) minutes of live production to the public at no charge on a first come - first served nondiscriminatory basis. Hours of availability for use of such channel shall be specified in the application for franchise. The Grantee shall regularly make information available to the public on the availability of the access channels with their monthly billing. The Grantee shall, in cooperation with the Commission, draft rules for the utilization of access channels. Such rules shall be placed on file with the City Clerk. Except as specified by the FCC, the Grantee shall not censor any programming on the access channels. (2) Education and Government Access Channels. The Grantee shall in addition to Subsection (1) above provide at least one (1) additional channel, for educational and for governmental use. There shall be no charge made to users of these channels by the Grantee, unless this practice is specifically prohibited by FCC Regulations. Any required charges shall be in accordance with a schedule of charges filed and maintained with the City Clerk and approved by the City Council. The Grantee, in cooperation with the Commission, shall draft rules governing use of these channels. Such rules shall be placed on file with the City Clerk. 82 Q4 -1 I -1 (3) University of Iowa Channels. The Grantee shall provide at least one dedicated channel for tho exclusive use of the University of Iowa at the university's discretion. Use of this chnnnel will he either (a) at no charge, and operated under rules for educational access or (b) operated under a lensed channel agreement negotiated with the Grantee. (4) Additional Channels. Whenever any of the channels as set forth in Subsections one (1), two (2) or three (3) are in use during 80% of the weekdays (Monday through Friday) for 80% of the time during any consecutive three hour period for six consecutive weeks, the Grantee shall make an additional channel available for the same purpose. (5) Production Costs on Access Channels. The Grantee shall not be responsible for the production costs of programs prepared for transmission (other than for brief live studio presentations not exceeding five (5) minutes) over the channels as set forth in Subsection (1) above other than as the Grantee may elect to do so. A schedule of rates for production and origination charges shall be filed with the City Clerk. Such rates shall reflect actual cost incurred by the Grantee. However, there shall be no charges or fees for play back of pre—recorded material on•the public access channel. (b) Leased Access Channel. The Grantee shall maintain at least one specifically designated channel for leased access uses. In addition, other portions of its nonbroadcast bandwidth, including unused m -)42 I portions of the specially designated channels, shall be available for leased uses. On at least one of the leased channels, priority shall be given to part-time users. (7) Local Origination Channel. The Grantee shall provide at least one channel fully devoted to local origination programming. The Grantee shall, in determining the use of this channel, consider any recommen- dations of the commission and general public. (8) Time and Weather Programming. The Grantee shall provide time and weather programming. (9) Television Broadcast Signal Carriage. The Grantee shall carry those television broadcast signals which are in accordance with Part 76, Section 76.63 of the FCC Rules and Regulations. The provision of additional television broadcast signals as provided for in Part 76, Section 76.63(a) shall also be required. The City is also interested in at least one additional television station broadcasting predominately in a non-English language. (10) FM Signal Carriage. In addition to the television signals set forth in Subsection 9 above the Grantee shall carry as a minimum the FM radio stations whose normal broadcast ranges fall within the City limits and all carrier current stations originating within Johnson County. If the Grantee elects to carry any AM station, all AM stations licensed to Iowa City must therefore be carried. In addition, the Grantee shall provide for inclusion of a leased audio channel services according to their adopted rate schedule. 84 a�q (11) Basic Service. Channels to he Included on the first 12 channels not requiring a convertor or other such appurtenance shall include: all television signals described in subsections one (1), two (2), three (3), seven (7) and nine (9) of this section. As the maximized use of the total channel capacity is of a great deal of interest to the city, applicants for a franchise hereunder may submit proposals to utilize channels beyond the basic twelve (12). Such a proposal may include the use of convertors at no additional charge to subscribers. (12) Emergency Alert Override. The Grantee shall incorporate into its facilities the capability for an emergency override audio alert whereby a designee of the City, in times of crisis, may introduce an audio message on all Broadband Telecommunications Network appropriate channels simultaneously. The Grantee shall provide, in a location to be designated by the City, all equipment necessary for use of the emergency alert system. 85 T a� \ SECTION 14-84. CONSTRUCTION STANDARDS (1) Compliance With Safety Codes. All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970 and any amendments thereto as well as all Federal, State and local codes where applicable and with the National Electric Safety Code. (2) Compliance With Electrical Codes. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the applicable sections of the municipal electrical ordinance and all State and local codes where applicable. (3) Antennas and Towers. Antenna supporting structures (towers) shall be designed for the proper loading zone as specified in Electronics Industry Association's R.S.-22-C Specifications. (4) Compliance With Aviation Requirements. Antenna supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aeronautical Agency, the State Aeronautics Board governing the erection and operation of supporting structures or television towers, and all other applicable local or State codes and regulations. 86 SECTION 14-85. CONDITIONS OF STREET OCCUPANCY (1) Approval of Proposed Construction. A Grantee shall first obtain the approval of the City prior to commencing construction on the streets, alleys, public grounds or places of the City. Applications for approval of construction shall be in a form provided by the City. (2) Excavation Permits. A Grantee shall not open or disturb the surface of any street, sidewalk, driveway, or public place for any purpose without first having obtained a permit to do so in the manner provided by ordinance. All excavation shall be coordinated with other utility excavation or construction so as to minimize disruption to the public. (3) Changes Required by Public Improvements. A Grantee shall, at its expense, protect, support, temporarily disconnect, relocate in other public place, any property of the Grantee when required by the City by reason of traffic conditions, public safety, street vacation, street construction, change or establishment of street grade, installation of sewers, drains, water pipes, City -owned power or signal lines, and tracts or any other type of structure or improvement by public agencies. (4) Use of Existing Poles or Conduits. Nothing in this ordinance or any franchise granted hereunder, shall authorize the Grantee to erect and maintain in the City, new poles where existing poles are servicing the area. The Grantee shall require permission from the City before erecting any new poles, underground conduit or appurten- ances where none exist at the time the Grantee seeks to install its network. 87 (5) Facilities not to be Hazardous or Interfere. All wires, conduits, cables and other property and facl.litles of the Grantee shall he so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the streets and public places of the City. The Grantee shall keep and maintain all its property in good condition, order and repair. The City reserves the right hereunder to inspect and examine at any reasonable time and upon reasonable notice the property owned or used, in part or in whole by the Grantee. The Grantee shall keep accurate maps and records of all its facilities and furnish copies of such maps and records as requested by the City under Section 14-72 herein. A Grantee shall not place poles or other equipment where they will interfere with the rights or reasonable convenience of adjoining property owners, or with any gas, electric, or telephone fixtures or with any water hydrants or mains. All poles or other fixtures placed in a street shall be placed in the right—of—way between the roadway and the property, as specified by the City. (6) Method of Installation. All wires, cables, amplifiers and other property shall be constructed and installed in an orderly and in a manner consistent with the trade. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configurations shall be arranged in parrallel and bundled, with due respect for engineering and safety considerations. All installations shall be underground in those areas of the City where public utilities providing telephone and electric service are underground at the time of installation. 88 In areas where telephone or electric utility facilities are aboveground at the time of installation, the Grantee may install its service aboveground provided that at such time as those facilities are required to be placed underground by the City or are placed underground, the Grantee shall likewise place its services underground without additional cost to the City or to the residents of the City other than as may be granted under the provisions of Section 14-76. (7) Protection of Facilities. Nothing contained in this section shall relieve any person, company or corporation from liability arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while performing any work connected with grading, regrading, or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system. (8) Notice of City Improvements. The City shall give the Grantee reasonable notice of plans for street improvements where paving or resurfacing of a permanent nature is involved. The notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the work schedule for the project. The notice shall give the Grantee sufficient time to make any additions, alterations, or repairs to its facilities as it deems necessary in advance of the actual commencement of the work, so as to permit the Grantee to maintain continuity of service. 89 (9) Requests for Removal or Change. The Grantee shall, on the request of any person holding a building moving permit, temporarily raise or lower its wires to permit the moving of said building. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given not less than ten (10) working days notice of any move contemplated to arrange for temporary wire changes. (10) Authority to Trim Trees. The Grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks, and other public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the company. All trimming is to be done under the supervision and direction of the City after the explicit, prior written notification and approval of the City and at the expense of the Grantee. The Grantee may contract for such services, however, any firm or individual so retained shall receive City approval prior to commencing such activity. (11) Restoration or Reimbursement. In the event of disturbance of any street or private property by the Grantee, it shall, at its own expense and in a manner approved by the City and the owner, replace and restore such street or private property in as good a condition as before the work causing such disturbance was done. In the event the Grantee fails to perform such replacement or restoration the City or the owner shall have the right to do so at the sole expense 90 of the Grantee. Pnyment to the City or owner for such replacement or restoration shall be immediate, upon demand, by the Grantee. All requests for replacement or restoring of such streets or private property as may have been disturbed must be in writing to the Grantee. (12) Office and Records in City. The Grantee shall at all times make and keep at an office maintained by the Grantee in the City, full and complete plans and records showing the exact location of all Broadband Telecommunications Network equipment installed or in use in the streets or other public places of the City. The Grantee shall furnish the City a current map or set of maps, drawn to scale, showing all Broadband Telecommunications Network equipment installed and in place in streets and other public places of the City. (13) Emergency Removal of Plant. If, at any time, in case of fire or disaster in the City, it shall become necessary in the reasonable judgement of the City to cut or move any of the wires, cables, amplifiers, appliances, or appurtenances thereto of the Grantee, such cutting or moving may be done and any repairs rendered neces— sary therby shall be made by the Grantee, at its sole expense provided that such repairs are not necessitated by negligent act of the City, in which case, cost for repairs shall be borne by the City. (14) Alternate Routing of Plant. In the event continued use of a street is denied to the Grantee by the City for any reason, the Grantee will make every reasonable effort to provide service over alternate routes. 91 QS(O SECTION 14-86. INTERCONNECTION (1) No Prohibition of Interconnection. Nothing in this ordinance shall be construed so as to prohibit the Grantee from interconnecting its network with other similar contiguous networks either in the City or in other municipalities, counties or states except as the provisions of Section 14-78 apply. However, any revenues derived therefrom shall be equitably allocated in the calculation of "annual gross revenues" as set forth in Section 14-73 herein. (2) Study Required for Interconnection. The Grantee shall, if requested by the City, conduct a technical and economic feasibility study of any interconnection requested by the City. The study shall be presented to the City and in the event that the study shows such interconnection to be feasible, the Grantee shall, if so instructed by the City, accomplish said interconnection. In the event that the study indicates technical feasibility only, the City may elect, but at its sole discretion, to arrange for compensation to be paid to the Grantee, in an amount sufficient to assure an economic "break even" by the Grantee and so order the interconnection. 92 a :i9 SECTION 14-87. UNAUTHORIZED CONNECTIONS OR MODIFICATIONS (1) Unauthorized Connections Prohibited. It shall be unlawful for any firm, person, group, company, corporation, or governmental body or agency, without the expressed consent of the Grantee, to make any connection, extension, or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of a franchised Broadband Telecommunications Network for any purpose whatsoever, except as provided in Section 14-77 herein. (2) Removal or Destruct Lon Prohibited. It shall be unlawful for any firm, person, group, company, corporation, or government body or agency to willfully interfere, tamper, remove, obstruct or damage any part, segment or content of a franchised Broadband Telecom- munications Network for any purpose whatsoever. (3) Violation. Any firm, person, group, company, corporation, or governmental body or agency convicted of a violation of this section shall for each offense, forfeit a sum of not more than one hundred dollars ($100) together with costs of such prosecution. Violation of this section shall be considered a separate offense for each twenty-four (24) hour period the violation continues following notification or discovery. 93 zh� SECTION 14-88. PREFERENTIAL OR DISCRIMINATORY PRACTICRS PROHIBITED (1) The Grantee shall not committ any of the following employment practices and agrees to prohibit the following practices in any contracts or subcontract entered into to effectuate the operation of this franchise. (a) To discharge from employment or refuse to hire any individual because of their race, color, religion, creed, sex, national origin, age, disability, marital status, or sexual orientation. (b) To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, creed, sex, national origin, age, disability, marital status or sexual orientation. In addition to the above, the Grantee shall comply with all applicable State. Federal, and municipal laws concerning discriminatory and unfair practices. (2) Services to be Equally Available. The Grantee shall not refuse cable television service to any person or organization who requests such service for lawful purpose, nor shall a company refuse any person or organization the right to cablecast pursuant to provisions of this ordinance. The company shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any unreasonable preference or advantage, nor subject any 94 a SCI person to any preJudlce or disndvantnge. The company shall take affirmative steps to disseminate the information concerning the availability of its services to all minority and other under— represented goups. This provision shall not be deemed to prohibit promotional campaigns to stimulate subscription to the system or other legitimate uses thereof.; nor shall it be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classifications shall be entitled, provided such schedules have been filed with and approved by the City as provided in Section 14-76. (3) Fairness of Accessibility. The entire system of the Grantee shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios, and other services to all citizens, businesses, public agencies, or other entities having a legitimate use for the system; and no one shall be arbitrarily excluded from its use; allocation of use of said facilities shall be made according to the rules or decisions of regulatory agencies affecting the same, and where such rules or decisions are not effective to resolve a dispute between conflicting users or potential users, the matter shall be submitted for resolution by the Broadband Telecommunications Network Commission. 95 N rr) � M I SECTION 14-89. SUBSCRIBER PRIVACY (1) It shall be unlawful for any firm, person, group, company, corpora- tion, or governmental body to initiate or use any form, procedure or device for monitoring or procuring information or data generated from or by cable subscribers' terminals, without prior written valid authorization from each subscriber so affected. Valid authorization shall mean written approval from the subscriber for a period of time not to exceed one (1) year and shall not have been obtained from the subscriber as a condition of service. Further, it shall be unlawful for a Grantee, without such authorization, to activate and/or utilize any "Class IV Cable Television Channel" in any manner from the subscribers' premises. In any case the subscriber shall retain the right to deactivate his/her terminal. Nothing herein shall prevent the Grantee from monitoring for technical integrity. This subsection shall not prevent authorized individuals from obtaining information pursuant to a valid court order. (2) Subscriber Data. The City, or a Grantee, or any person shall not, without prior written valid authorization from each subscriber so affected, provide any data identifying or designating subscribers, this shall include but not be limited to subscriber lists. Any data so authorized will be made available to the authorizing subscriber in understandable fashion. (3) Subscriber Agreements. Any agreement or contract such as is necessary for subsection (1) and (2) above shall not be part of any other contract or agreement and shall not be a condition of subscribing to the system. 96 �I„1 (4) Violations. Any firm, person, group, company, corporation, or governmental body or agency convicted of a violation of this section shall for each offense, forfeit a sum of not more than one hundred dollars ($100) together with costs of such prosecution. Violation of this section shall be considered a separate offense for each twenty—four (24) hour period the violation continues following notification or discovery. 0 acDa SECTION 14-90. TRANSFER (1) Consent Prior to Transfer of Franchise. Any franchise granted hereunder shall be a privilege to be held for the benefit of the public by the Grantee. Said franchise cannot in any event, be sold, transferred, leased, assigned or disposed of in whole or part, either by forced or voluntary sale, merger, consolidation, mortgage, trust, receivership or any other means without the prior consent of the City expressed by a Council resolution and then only under such conditions as the Council may establish. (2) Consent Prior to Change of Control. Prior approval of the City Council shall be required where ownership or control of more than three percent (3%) of the voting stock of Grantee is acquired by a person or group of persons acting in concert, none of whom already owns or controls three percent (3%) or more of such right of control, singly or collectively. Transfer from a subsidiary to a parent corporation or vice -versa shall not be considered as a change of control. Prior approval of the City Council shall also be required for all changes in ownership or control by a person or group of persons acting in concert, who already own or control three percent (3%) or more of such right of control, singly or collectively. (3) Mortgage or Pledge of Network. Nothing in this ordinance shall be deemed to prohibit the mortgage or the pledge of the network or any part thereof. However, any such mortgage or pledge shall be subject to and subordinate to the right of the City under this franchise or applicable laws. 98 A .y SEICT ION 14-92. ORDINANCES REPRALRD All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 100 al� qws SECTION 11-91. PUBLICATION COSTS The Grantee shall assume the cost of publtcation of the franchise ordinance as such publication is required by law. A bill for the publication costs shall be presented to the Grantee by the City upon the Grantee's filing of acceptance and shall be paid at that time. SECTION I4-97. SI;PARABLI,I'rY If any section, subsection, sentence, r.lause,-phrase or word of this ordLnance is for any reason held invalid or unconstitutional by any court of competent Jurisdiction, such section, subsection, sentence, clause, phrase or word shall he deemed a separate, distrinct and in— z dependent provision and such holding shall not affect the vailidity of the remaining portions hereof. 101 rQ(DW Ordinance No. 78-2917 SEMON III. 17=IVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as require by law. Passed and adopted this 22nd day of August , 1978. ROBLRT A. VLNMA, MAYOR It was moved by Roberts and seconded by Balmer that the Ordinance as read be adopted and upon roll call there were: as modified AYES: NAYS: ABSEYI: x Balmer x DeProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera First Consideration 7/25/78 Vote for passage: Ayes: deProsse, Erdahl, Perret, Roberts, Vevera, Balmer. Nays: None. Absent: Neuhauser. Second Consideration 8/8/78 Vote for passage: Ayes: Vevera, Balmer, deProsse, Erdahl, Perret, Roberts. Nays: none. Absent: Neuhauser. Date of Publication 102 76-211; -- '. OFFICIAL PUBLICATION T OFFICIAL PUBLICATION r!'Powers end Dutte of the Co'meiston `- i ORDINANCE W. 78-2917 Comissim had any legally appointedb. or elected The duties of the Broadband Telecomunicati.a. i su C<ea5er.� Commission, to addition w theseat forth in PN OPDINANW ESTABLISHING CERTAIN STANDARDS Franchiss.P sent shall include all charges Section 14 54 shall b as follows FEGULATIONS AND PROCEDURES FOR THE GRANTING ANO 1 impo atl for a rens ize whether the abject he OPERATION OF A BROADBAND TELECOMMUNICATIONS FRAN- 'regulation, revenue or .one-ttm reimbursement of 1 j (a) RnWivi ng. osDutes or tlisagreemnt CNISE WITHIN THE CITY OF INA CITY, INA; CREATING costs 1 ..Fred. by the -City to the award of this Wixem sub crib r Potential subscri- 1 A BROADBAND TELDCOba]WICATIWIS COMMISSION AND it nchi e. hers and Grantee should eUcn parties W PROVIDING FOR THE ENFORCEMENT OF SUCH STANDARDS, V Full Network Service shall mean all "basic unable first to resolve tlretr dispute. ' RULES AND REGULATIONS AS STATED HEREIN. I services am "additional services offered by the iha Commis Shall conduct a public rant¢ i hearing .upon any petition by any person l SECTION 1. PURPOSE. The. Purpose of this ordinance Grantee means I1 persons including, but not seeking resolution of a dispute concern- e W rel bmte DtOatlDand. taleco a unicationc systems 1 Ti mi tee sutisitli ries, 'parents, or affiliate > r IN the Operation of any, franchise within Lire City Of Iwo City, Iowa which oPerot. cmpanies, associations or Organizations having any 77 grantetl Wrountler The hearing shall he pursuont te city franchise and establishing Irfghts,. powers, privileges, duties, liabilities or 1 conducted pursuant W the Iowa City l Standards. regulations and procedures ,for the i. bhlfgations, untler this entl Ander the Administrative Lode and following such gra g; maintenance am operation of a broadband ,mating, .1lanance, hFr chine ordinance collectively tailed the 3 hearing the Commission shall issue its itetmpmmuhi cesl ons franchise. j, Fr nchise", .and also includes all persons having I Wilding tl C rml tion Said finding ng R (SECTION Il. EXpCTMENT, The following rovinance 1 ins or charming any title W O Interest 1n the system, or decision hall W final tl n' 11 io y Person aggrieved W k el ref therefrom in the operation. A. maintenancey rete hare0yion 4Mther by reason of the franchise itself'tli re[tl lar I the Court of Iowa as Provided'by oftl b and operation of a Droapha tl telecgmhunicetfons interest iassociation subsidiary, parent. �byI alaw.District dais law, I system within the City of Iowa City, Iowan li affiliate to as o 1 tion or by I I tract, ent management any subcontract, transfer,assignment. L management (b) Reviewing dauditing.' p t submitted SECTION 14-60SHORT TITLE 1 gresent, or ops agreement r n Approved f eting to the City as required qUY red d aid such +p 1 as ,g met or tram f resulting f om a foreclosure ` other correspondent a submitted W the ;I This ortlinance shall '.be known entl may be cited as of mortgage security agreement. or .whether ( City concerning the open tlo Of the t Broadband Tel ecomuni cats o0s Franchise Fna- I Otherwise arising or created. 1 ! Broadband T le ommuntcatl ns Ne Work so ! Ithe DI Ing Ordf mans ." 1 Need End shall mean the land, electronic •prone as w insure that the necessary reports i Ing t antennas, cover, building and jsi( SECTION 14-61 DEFINITIONS othe teen¢ appurtenances mmgHy ass H ted with and 1 are and fulfilled pursuant W ' l a '1« ted et the starting point f Broadband arms, ft the term�af the ordinance. For the purpou of this ordinance the followinfollowing'Telecommunications Network, excluding the'studio. - I phrases and words am their derivations term,I ' Hub Confiour�, a BTN design technology I (c) Work with the public and the media to shall have Me meaning specified herein. When not ipmaent iwnerein all transmission paths either originate or assure that all records. rules and Inconsistent with the context. words used in thekreloads at a central location within the coor ljmnfty. I charges, pertinent W. the Broadband tease include the future and words in the TelechrouricatIons Network in the Cltyof singular number include words 5n the .plural number. -Installation shall mean the extension i on and/or { Iwo City. low are made available for 'II Pdditio l service saall mean a subscriber cOnstructl0n .Of- the systm. from the main. trunk 'ane/a "subscribers' Inspection at reasaimble hours upon ,.,,,Additional ry ice Provided by the the Grantee Tor which a spembl feeder cable W terminals. ej reaaohable mtf e. 'charge is made based on program or service content, 'ex apt Where such p cSdQm is required by this I tins or spectrum apace usage o. rdfn ce wrthout merge when it will mean the a.u. Ion I (d) COnfon Nth the GrU,r Ms d.dvise .0 the A C. - abbreviation for alt¢ nes g current. and/or onztructiod of the System to one Y incercon action a/ the City-. able v y Annual Gross Revenues shall a1J' revenues .col C in a tleslgnatetl bufltll ng. 'ij System with Other cable and conuhunica- re i ed. by t?t affiliatesor UOs itl- L 1 Distribution center shall mean a'fad 1- I tiOm systems. j tarlez from he in connection with operation o/ a comuniion wit he ope sty w thin We comp n ty rem<u fro but connected Tin the BY•fom i in the tF. Br thehub' which distributes signals from the t I (e) Subsequent W the initial franchise, ude Iowa City. Iowa and shall iNetor revenues' °hub to a specified area in the Broadband. Tele- ! solicit, review and provide recmmrenda- Yrm all sources Incl udiig without Timi ustOn grain al communications Network. •I Clogs to the City Council for selection e ' from, advertising.includchannel leasing. date, Local DistNbut101 System - that portion of of applicants for franchise under 'pro- teaemes>ion and per program charges. antl any other network that or glnates- roma local Matti 'bottom Dutton ^nae �. visions at Sections 14.69 and 16-70. ' charges not somelfical. ly prohibited by, the FCC or a ens a as Wane ^ ort Of competent jurisdiction, inadtlt tion W the sivosea M i Permissive i Net' 1 (f) Initiate inquiries,receive requests .for mburiben's mntn)y paymnt I Network N is that combination of �i Tells- 1 �. rev of t charged by the Grantee. PGG (putmattc Gai n. Lent 1) - art el esti is {{aw I cad' turbanco within a esige Tells- cable IylNsion channel. exclusivef'untles iretl signals Of and provide on such ' I actions to theCity C ncil wh <b au[amatica ly oc eases orae ries, sdisc te frequency which degrade the reproduction I (g) Cow t evaluations of the system at I Crcuit Wthin ite design range. We g i of an amlif ser ;}of the desired signal am which are due to mod, "' least very three(3) y W the in order W maintain a table r fixed output .tlw processes, thermal effects and other noise- )! grantee, - d pursuant thereto, make level Sometimes called ALC or AVL p.m&cing effect not including huq. Network J� ndat to. the Council oncern- ASC -'(p Lunatic Si Oce or Tilt Control h e is Specified in tams of Its res V.ltma or " i 9 System: imp rents. am able dmnts W electron c c rc c or Mormal device Wet comps, sit mean power level as measured in a 4 Wz ham' ITelecormounicationsNetwork. '�� thisorciine ce Or . any franchise sates for l mges in Cableo amplifi., Cha a lobo a the lower channel boundary of a Broadband greement. teriaticc caused by temperature variations. _ i Baslt B tc< aHalf mean 11 > bccrib r PRvsical Mile of Plant shall mean total .miles th) Establish and administer sanctions as i services pro idea DY $he G 4 irclwlt ng We 4.of t pn feeder raM super- trunk :cable. ".I authorized by the City Council to insure dal Lvery of broadcast sig is and programming Reasonable Notice shall man the provision of cowllanue. with this ordlnanca. originated over the cable system, covered by the , notice ofe of- cO�atetl action delivered at least ,, ' regdlm mnthly char paid b all subscribers t g prior to such. action. nlforty-ei ht (40) hours i I' O To oke m.omnamrlations W the Grantee Of B db d Tl yaH ohs Network (BTN) IS LhG Broadband TelecomunicaH ons Network shall mean a y mewar c40les� optTta� etas- R.M.S. Root - the ¢/facts a Wal tee Y aha W the educational and govarnmDul' t ica1:. or electronic equipment, including cable. of an alternating current waveform Which woold to users st the educational and govdrnmentaI televisions systems, use& far the purpose of 11noterl ally equal in. energy te a constant. direct ' access channels. t ansmissio of electrical impulses of television. curre t .1 1 Fj Jmdu and at", intellig woes, either alog o sale shall Include any sale, exchange,. better '-or (j) To insure that the Grantee makes Lhe. tligiul for sale or use by the inhabitant Of the Offer for bale. i, public ec... S channelavailable to .11 city. Service Area • that geographlul area within j' residents. of tea City on a mndiscrlmi- - LOTH Chen 1 Capacity the highest tout, ,the Incorporated 9 lmits of the City f natory has is umber or o�evision ch nnel. o whf h Shal I and Mu L - each is mandatory, signals from separate source may be Strand Mi)e shall mean messenger strand as 1 (k) To assure that the operation of the Jtelevfaion delivered a wp Cream simultaneously W every m ur rex Role to pole without taking into •1 public at.., channel be free of program sub criban in the neWork The network may nave iconsfeeratl sag or downguyp and for burietl censorship, antl control. atltll Clonal ban capacity Tor spec lel fixed or Dl ant W 1 trench feet. discrete purpo a but the technical pert rmanm j State Mail mean the Such of Fbva •� (1) To pdrform such other duties antl funs- specified sham net be materially degraded thereby. ?:L ¢et hall include all tre i roadways, tions relative W public is aces ch noels Cable Television Channel - a frequency hand 6. 'highways av lams, alley courts. places. a may be appreprrate In antler W m i -•� MHz in -w duh 1tn n -which stentlard, seleviztw, I.squares, curbs. . sidewalks, easem trights-of- mize its use among. the widest large of Ibroadce.t Signal Is delivered by cable W a 'Way Or other pub] Ic ways in the. Ci ty hich nave been 1Inot vi Goals in e[tution I. other ,subscriber terminal (except that Class III 8 IV rmle or may, hereafter be dedicated.antl pan W public Organizations within Lne CI [y. TMs cabtelwi 1 n channels as deflned by the FCC may L hse, or such other public property so dssignated by j shall includerecommendations to the City Lehi user I der Or narrower than this standard). lav Council for utilization:, of the annual Channel Fre Rehr -Re O se within a cable Stutlio shall man the )antl; electronic precez- ''sing franchise paYmnt. tel Av s un nano I, Ina re at Onsh Unship gas ma red at eqN omens, covers,,building. camras, lights Cmmnis a subscribe teminet Deswma smlituda and antl other appurtenance mrmally associated With On shall :adopt such rules and regulations Fredof a constant-emllWtla Input signal at rand located at the G meets local origination as. am necessary. W carry out its functions and W i uency all spec i f l ad frequencies vi tbi n each channel and/or public access plants of a Broadband Tele- Insure that due notice is given W 11 parties ' Limit shall mean the City of Iowa City I... Communications Networkexcluding the head endL concerning any hearing On any complains to as id iW officers and employees less oth.rW se So, scre r Subscriber Stull maany pars. firm. Comt>.fw d the hearing.. are held promptly in locally designated, the area 'within the terri- company corporation o associationreceiving , accordance with reasonable notice to all parties,. iricl city 14.41t. a1 the City aha such territory either Dvi asic serce or "additional service" frac The C issiOC 0,17 ram hoe. such Dowers to e Pesently Outside the :City limits over which the the Grantee under the schedule charge. filed with include the election of its won officers. )City may as.um jurisdiction or control by virtue aha Approved by the City. l anneketioc Subscriber T net 1 - the Broatlhand Telecom- SECTION 14-63, BROADBAND ITfLECOMNNICATIONS ,of Class I Cable Tefevi ion Channel - a signal- 'mu f at ons Networks T5, ohm cable terminal to SPECIALIST sig path prov led ay a d ble to evlsion system W which the subsciber z egUfpment is connected , rot ay W Subscriber terms ata television broadcast Separate Wminals may be provided for del ivory of The City Manager Is hereby authorized to appoint a program that are received off-tlm-air or are cable televisionsig als, PM broadcast, or other broadband telmommunfcasiona specialist for the ! 1, obtained by microwave Or by direct connection to a highs]. of differing classifications.. I� purpose . exorcising the city's continuing regu- television broadcast station; Substenti5 Cly Lwmleted -. operation N11 be latory jurlFdfction over the franehlse. Such conal re0 zu6B tazu6B [anC Hily Cmplet d hen Sufficient responsibility Shell Include, hut not De limited W Class It Cable. Television �Channel - a signal- distribution facilities have been instal0ed so as the following matters: , jng .path p�bY a OI television system 4 ror w Permit the offering of full network services 1 deliver to ubac fiber temi ml television signals to at least ninety Percent (9015) of the walling (a) Receivewand investigate such complaints, t are Intended Pur receptio by -a tel i 1 n unit i the Ser is area to wh, n cess s dispuaw, or tli agrements as may be gtha broadeaat receiver ,thou[ Gro use of an auxiliary legally, and reasonably available, _ direct" or referred to the City of Iowa dooming'device antl which signals are not Involved • Terminal Isolation t any Subscriber tem City, Iowa between subscr,bers Or to a broadcast trmmlae5 path. :ml Lhe eabetween that t m1 T and, any Potential subscribers and. Grantees of a C eeL el a othersubscriber terminal i that network: II Broband Telecommunications Network antlPJm)pIaII roOyaLw n pd¢iv d sthat U stream W direction of transmission over tnea i other distribution .,sights intercorigma system W deliver W .tib riber samiml Signals the BN f sub riber terminal W the network recut! with the Broadband! reception are intended for reption by equip nt other .head and" r' "hub unications Ne ork, not first TelecommW , than a television broadcast receiver or by a UNO. Grade .hall mean transml ten primanfly ii able to -resolve their qi tiarences. �fhlevlslon amadcmt mull r only whe used wICD an log in nature including the) pt tun phase of p ' tea l I dry dacodi hg egot m ns tele ufon broadcast I (b) Report his or her recomoodationt wpm, Lias IV Ceb l e: TelevisionChannel - a, It goel- Visual Si 1 Leval - tha'ms voltage Drotlucetl ' complaints, disputes Or disagreemante n ng posh rows dW D a cab la to rev is on Sys W by the via teal -signal uring' the tpanemisslon at il, after Investigation, W. the Broadband transmit. Signals of an t £rex e. OuEzcriber Y type Telecommunications C<IreSssion for the Iemival W another point in the cable television syachronillm pulses. SECTION 14-62. IOWA CITY BROADBAND TELECOMXUNI- �I issuance of finding. $$ rya—Comcec Operation. Operation Will he come Oce CATIONS COMMISSION ,. !' (c) Review and audit reports, rection IS i tlerBd' L M4 atl Who Ilii¢ t di - (! r communications and Grantee regulation; st to tbn fad ilHes have been installed, o a to s have 1. Commission Established. J Iowa city, Iowa submitted tithe City Io �emft the O/feting of full networks vices" to Within 30 days Of the granting of the first nt and conducting such inspections of the y �i as least twenty five ,percent o/ the aea." - them sham be appointed a system as may, be necessary in support of a thnetroadba ice area" 'units )orated Coin the nate Siam to, We Iowa City Broadband Tion WI bbl kwon a oadband i such revive as provided for the City Commission refers W the Broadband Tet e- n o o Telecommunications Commiad 'j of Iowa City Broatlbentl ec muni<a• I md1..c. OR, commission. ( on. amen tions Franchise Enabling Ordinance. Council shall mean the City Council of thr 2w The [omission shall consttt of five citizens (d) Work With the pubifc and tie metlia. Eo sty Awa City and any legally appointed or 1 almost! aucteasor or agmcY� of the City eppoirud by: the city Council: for assure that all Tariff rates, charges. jl I i Data Grade shall' mean coded tranmiss,ons a tem of three years ewcept that Wa ttrst .and mules wresmpt TOO the operation Of pr loan y a. y. [aL in. nature. appointees shall be appointed (1) for a tem, Talecanirhti0ns Newark the Broadbandmmu tlBm'/ - the level in the netwOrk b pressed in of Ore year; (2) for a tem Of two years,, and i0 the. City of Iowa. City, Iowa .areode db'. above or below. power corresponding W d reet (2) for a tam of three years,ew thereafter I available Por inspection. by the public at man square vol cage of one milli -It across each for a Wm of three years Fo 11 oW{ng reasonable hours and wpm reasonable eaensaware p5) ohms gated cooled On 1t is recomeMed that Downstream - the direction o1 iransmi ssfon maiority of the members be subscribers to the Over tha BTN fro the 'head, end" Or "hub" W e system at the time of their appointment.. 76-211; =(e) confer inwi carcinatewiththe Grates.ort i' the intem.Ppentions of the City's Bromm sebmld Telecommunication Network 1. with other similar networks. (f) Advise the Broadband Te Te Miti-s Commission. (g)other such duties as the City Manager or the Broadband Telecommunication Comm+s- icon may assign. SECTION 34-64. AEGBIATORY'JURISO3CTTON AND PimCEg GUPEG (1) Conti Reoulatory Jurisdiction. The L ty shh �1 have continuing, g, regulatory jurisdiction and supervision. over the I I operation of any franchise granted hereunder and AUG, from time to time adopt such reasonable rules and. regulations As P they may, deem necessary for the conduct of the business contemplated thereunder. (2). Regulatory Procedures. (a)'. The Broadband Telecomwnications Commission shall Consider aro inquiry or proceeding requiring I City Council action to he taken in regard to the Broadband Telecom• Whether pa ppllwtjo o request by the Grantee or any other Parts Or on its own action andshall somit, such consideration, tgether with the. Commissl n s rewmmerdetton, to the .City Council within sixty (60), ' days of the receipt of such request unless such time shall be extended by agreement between theCommission and the requesting party. Any action by the City. Council bb by Commission recommendation shall be taken only after thirty. (30) days notice of said proposed action. P inquiry, or proceeding is published in the officialnewspaper having, generalcirculation and a copy of said notice Is served We the Grantee. The Grantee small have an opportunity to respond at the j. hearing and/or in writing. Members of the public shall havean. opportunity to respend or comment In, .,;ting on the proposed action and ,,or at sAid Proceeding o, within one hundred eighty Iliad) days of the notice of ina ing unless such. 1 time is extended by agreement { between the City and 'the Glances. The decision of the City Council 1 shall become a final'. determ+nation. 1 i (b) The public notice required by this i esti.. shall state clearly the:ly action or proposed action to he, 1 taken,. the time presided for re- + . sense,: including. ,map.... by the , 1 public, the person or Persons in 1I aUthority to Whom such responses i shall be addressed and such other proceoures as may be specified by the City Council. If a hearing is to be held, the public notice shell I give .the data. location ahe time of such.. hearing. The. Grantee is necessary party to any Hearin conducted in regard 'to its opera tion: (G) Failure to Enforce Provisions, 1 i The Grantee shall Prot he excused free complying, with any of the terms and con• ditions of the franchise by any falla2 to the Cityupon one or more occasions td insist upon or to seek Compliance with any such terms or conditions. 3� 1 (a) Contravention of Prowtonin TM cost he any succesTl a gp-i a .iai.,urretl by th8 City : nc enforce provisions of thea. ordinance or of the franchise ordinance, 1 or in relation to a franchise shelf bib reimbursed ce the City. by the Grantee: Such costs shall, include filing Taal costs. of depositions,. discovery, olid ..part witne sea, :all other expdhses of suit, end a reasonable. attorney's fee: i '(5) Triann..) Franchise Review. (a) On or about the, third, sixth, ninth and twelfth anniversaries of the i ewwctiue date of the franchise.. the or meetings with resiew the franc) Plans and prosper documents and information for tht.,j eumoae, and may inquire in parts., ular whether the Grantee is sW plying a level and variety of services equivalent to those bei fig geigrally offered at that 01 ifj the. industry in comarable mrkat' j (E) 1)a ri tv n ra r 1 t mnrae tii Cho Gr Tf gartli nl modif scall ns in 1!Modifications iwP thet h .a W A night inpoie I 1 teats s an the j. 11 the i G n c antl to Cr tee may in Gran*Je' p, any 1 se k L gntipr r 1axaLIimp se1. Put pr vi wty imposed oP 1 h or, it nam h a+! ..b,,w-fitly zhowp-}A be Impress cal. _,a m (c) within. thirty (30) days Of the w slur tons of ach negotiat+oris} 1 th City may tl rest the Grantee to + ilid row cnusP why snt+lfied terms wnd+tion. :noulq not be ince)- 1 p6mated i to the franchise and tWa- the' Grantee may similarly file with city a written request Hat zpepi, I fled bbl„patdms of its fralphil.it I removed w rel ... d. Impleeentati%on } of such requests shall carmapond'et Ith ti?B I nearly as .possible 1 proceduresset forth herein. 'Ye Idioms salon will recommend I LouncI, changes in the francbl aatl rights. and obligailons of the Grantee only if it finds free 'kill 1' available evidence that such change{ wi l l net impair the ma mads, I viability. of the system or fdegretle the attractiben s. of the sIltamia service to present and potentia] 1 ubscribers, 1 x'P (6) Ravi w of Franchise Prior to ap. ,otic)_ F 1 (A). Pubic Meeto be Scheduled, -At1 tin(6). a t s x Pronto th the eeprPt - atlon of the franchise, the 011 shall schedule a public meetingsor I digs with the Granas to rovitw , the performance of Granth. !� including the results of the. prey P 'vious franchise reviews. The. City ' Away, reo.im the Grantee to maks' 1 available ypeciftrsd- record., do., cents. and lo.4netiw for this ) purpose, and may inquire to P.lIbC cular whether the Grantee is sW ) plying A level and sbtiety _, yf se vl es equivalent to Mese pe40 generally 'Offered at that time -d0 the industry in comparable' market situations. I (b) Determination on Reissue., The qty I ah shall; chin [hi rty. 10) days of All cons lasso r such meati Pgs; .1 provide a d termination as io All a et ubend .P.1, mmunor I cottons Network franchise or applications, promises yrs greements made or entered Into by the tranchfse holder and its performance of said applications,. of the franchise or for nrelated to the performance .• The City shall establish, RUM c proceedings leading to a final ) decision .and such , Pell I. proceedings aseall incl limited lichearing' providing opportunity for the public and appliwnt(s) for thef reissued franchise to Wear. SECTION 14-651 SIGNIFICANCE OF FRANCHISE . (1). Franchise Nontmlus+v... Any franchise, gran-; ted hereunder by t e City of Iowa City,. Iowa' .bell not be exclusive she the City reserves.• tee right te grant A similar franchise to any person, fire, company, corporation, or ease- dation at any time; ' (2) Franchi.e Amendable. Th. scope. of any free- cfi se. grants ereunder shall be PosteE ementlable frotime te tic to allow the' Grantee to Innovate and implement new services rohe developments provided. however, that no such services ac developments be implemented without theexpress prior approval of the :City' Council. (3), Privll.,Os Most b.NO No privilege or exemption she 11 Ee inferred. trom. the grantingof any franchise unless it is APed-i flcally prescribed. Nothing In this ordinance' shall he demand torequire the granting Of A' franchise when in Came opinion of the Counclll it would Pat be in the public interest to do' 6a. (4) Authority Granted. Anfranchise granted hereunEer s6aTl. give to the Grantee Cheri gm4 _ and privilege to construct, erect, operate, modify .and maintain, inn upon„ along,,: above. treats over antl ends, stree, es defined in Section 14-61 herein, Which have bean or may hereafter M . dedicated and open to public use in the . City', tow rs,. antennas, pales., cables, electronic equipment, and other network anaurtenances necessary for tee operation of A io gI Int, Abandoned. A franchise; granted M1ereurMer shall be in lieu of :any and all other rig hts,l;pr+vi legal, powers, immuni- ties, and authorities Owned, possessed, control leo, orexercisable by a. Grantee or any . successor pertaining to the construction, �0pefetl on, otmmainteoauce pf A caole cmmun+- 0(a1w�cs -PQ3 E z et ions system in the' my rna escape ear l A franchise shall operate, as hetwan G aetee; fah Ne City me e b nd any of aand all of such right Privilege.. pwers,1 m immunities and authorities within the City.I .All construction, operation and maintenende by the Grantee of sey cable system in the City shell be under the franchise and not Inds, any other right, privilege, power, .Immunity, or } }bthority. (6) Sub ecC to Other Regulatory A ancien Rules aPd Re u atiati al tt ansae s l at times during the ilia{ of any franchise granted hereunder be subject] I te ell lawful e arsine oT the police power bYl the City and other duly authorized regulatgryi State ark Federal bedlam and shall co.T 1Y -Ithl any. and all ordinances whish the City has 'Adopted.. br hall Adopt applying to the public.I { Generallyand to other Grantee.. m (7) Tole Use.A reements_Re aired. Any franchise) grantee ereun er shal not relieve tMi Grantee of any obligation involved in obtaUr ing pole or conduit -use agreements from the' .gas., electric and. the telephone companies;. or Ptbers maintaining poles or conduits in the streets of the City, whenever the Grantee 'finds it necessary to make use of said pales !or conduits. t of Anying (g) -herein^to i concrary Pro notwithstanding.i they Awartl of any franchise h.mUI er shall net' I impart to the Grantee.: anyright of, mp.rty do ,or on City os ee property. (9) Franchise Bindla Anything contained herein to t F contrary notwi [M1stoneLg,: all pro- vis+ans of this rd+nance and ny Franchise Granted hereto shall'. be bindiV upon the I Grantee, it successors, lessees, or assign- SECTTONs_14.66. THE BROAMBANO TELECOMMUNICATIONS.I FRANCHISE (1) Franchise ReOui red, No person, fmm, comparyr. 'totp— drat%n or acseeiats All construct;:, install, maintain or operate within any public, ,street. in the 't i ty, or wl thin any other public 'property of the City, any _equipment or facilities for the distribution of television' signals or radio signals or other Intelligences either analog Or digital over a • Broadband Telecommunications Network to any i G }ubscrlbe unless franchise authorizing tfle� 'y se of the streets or properties or areas has first been obtained pursuant to the provisions i, of this ordinance. and unless such franchise` is in. full fares and effect. t (2) Review ofTica litions. Specific' Pemnis-` I a on to operate a. oaomPP Telecommunications) &twort under the PIOA$i s of this Ordinance ay be. g ,ted by the City Council of fee City q any Grantee after a review of the legal. Forests financial technical qualifications d the adequacy and feasi- bility of the Grantee's construct a renge- 1 aants and afterthe City Council has pprovedi the Grantees qualifications a a pat of a Pool is'proceeding eff.rdi ng due process. , (3) ducat)- f Franchise: Upon, films bond by �hel Grenwe of th proper. cepca,,e, an the required insurance.and security fund, the {_ franch+s hell take effect As provided ins ) Section 14-70 and shall continue in full force) sad eff.ct for A term of fifteep (15) years. I The City shall establish public proceedings' leading te a final decision and such pdbllcj I .proceeding shall -'include but snot be limited, to-. Public hearing Providing' apportu itY for' the public and applicant(s) for the reissued Jaanchi so to appear., SECTION 14-67, OPERATION OF FRANCHISE I + (1) stations to be in Accordance With Rules. J rant¢¢ s a11, 'sa nta n and operate iLz' trpedbantl Telecogmunl tions Network in' Accordance with the rules and regulations of Stew of I AO&.r they tit, As are Incor pbrated herein or acy be promulgated. (T) Jntorru tin f Servic Notificatl on IDs aotee whenever - s necessary to nt rrst' cervica over the Broadband Telecomwnications; I Network for the purpose of rotors maintenance, alteration or repair, shall do so' et-.sb ties as Nil ca the least emoint of Inconvenience to the subscribers, antl .less, i mc.h interruption is unforeseen and iklttdletely race ... ry, the Grantee shall give reasonable notice. thereof to the affected avlos rlbar . (3) Stu los Gf fico antl pM10 for. Co la nts�uc Gr tee s a:. man tai an off production pr tion studio and, public limits oroduchall ea open during it 41 the Cfl air.limis coo rs shall '6y open localalb normal business hands, have h; toted local telephone and r, and be $al `pperatetl that coslaintz and reests. for, =.pp.irs or aajusrnencs alar be received ved at any, tf wa, I (4)�y¢.vti ns. Th. :Grantee shall make. available( a' na fitai. at least, one (1), fixed color ,aWdio facility, portable production "-IP- mat and post production equipment for utili- f _lotion by access users. In addition G ante.. will provide training of potential Users for-, t�e Use of suds equipment. They Gr me mayI )taKe a fair and tease ble charge for use -.of, these: far,, ties and eq la Pnt not to exceed A 1 achea.,a filed with -and Approval by the' y Caunci T. As maximum use of public access', i ,of A great deal of interest to the City, app)ie.4ions for franchise hereunder ares arcouraged to propose a plan by which' 1 epi; plant and faN.l )ties are dedicated to pocks access use at no charge to users. (s)'. Service Records Kaintained. Th G ntee .111 at an tl nes wke andi keep at an office minta'ned:b_Me G t in theCity f laws btu, Iowa a list f all complaints and Interruptions or degmanstion of service nectived Or experiences during the tem of tyapohise. The records, maintained above spall 'm1no include camplaipt response time and ef:the City or member of Me public. e6) idantee�Rules aPARe'ul.tions. The Grantee Mall have the auehor ty to promulgate such roles, re2ulatt.ns, terns antl wntlit/ons Governing the conduct of its beziness a. shall be :reasonable and necessary to ePub). the GI.". to exerci.e its ribhts a'd performits Obligations under this eminence and ata franchise granted hereunder. (a) Rules to be in Conformance Nitl Other Re. aeons. - None of such - rdlez, regulations; terms and Condi tions l s dsroll)under Subt e above hill be 1. confliCtwIth'Mhe prevlaionz. hereof or the laws of the State, or the r Rules and Regulations of the Federal -. Communications Commission. or any rules and regulations promulgated by the City is the exercise of -their regulatory authority granted hereunder: r 31 Grantee homes to Oft Rtgnt . no A Ci is nese vas very right antl paver wh Rh '1s recut tl t. be These p e0 or. video by an ordlinuunce of the City, and the Grantee by its acceptance f the fag M1 s , agrees M be ' bouts tivirelay and to comply with any action orI requirements of the City in its exercise of such rights or Powers hits have Been or will. be enacted or established. ,4) it 's Rini h�t _oM1 Intervention. Tha, tl ty shall) save t e nigh nt to 'Merv.. antl. the Gjantee{ specifically Agrees by its acceptance of thel s franchise not to..oppose such intervant{an by Me City in any. .suit or proceeding t0 W.1h, the Grantee is a party. ($) Power f CM Cit , Neither the gra King. f •1 i .any rant ism nor .any provision governing the) franchise shall conatit to a waiver or bar ta the exercise of any governmental right.. 'o power of the City, ,(6) .Cit 's Transfer of Sunct�{o-. Any right or 4 F.,in, oo defy imposed upon ata slactea, .official, officers, employee, depa 6se t, -or ' board of the City shall be subject to transfer by the City toany other elected official. officer, employee,, department or boeml. (]J. Cit (''s Ri ht of Inmos action. The City! reserves t- be' �Ight dull ng the life of any ' franchise granted hereunder, to inspect .and { supervise ll construction or installations work performed subject to the 'provisions Ofj this ordinance and M perform network measurements to insure compliance with the: ] terms of the. Ortlinance. 1 - (6I A11 Rules W he F11atl VRh-'cit . Two I(S) ' C�itt's Rini ht�o/ qc o{�s tion. .Upon aspiration 2 cools. of a Imo es, regulations, of t e termh of the fr mise, or revacatt on, taro and conditions promulgated ander I or other termination as provided by lay.', or Subsection (6) above, together with ata , upon receipt of application for appravaliof an aaeMeents, additions or 'ablations assignment of the franchise or uponchange • - therata, shall "'kept Currentlyen fileI , defacto control, the City shall have a right with the City Clerk and another cOPY to p r hese the Broadband Te t ecommuni esti ons Network et fonth in 14 LM1erof anal) be maintained for pubic $action as s41(3) inspection during nemeal business Opera herein. at Grantees office In. the City; no such I (9) Cit 's Ri nt of Network Instal laE{Dn The rules., regal ati dos, Carol. conditions, Ely'reserves Qhs r ghi ening tne, m of any, on asientlnents, Additions, or deletions hanchise granted hmeunder, to. install .air thereto shell take affect unless) and maintain free of charge upon or in the poles MIT so tiled and malnWtced. and conduits of the Grantee any wire And pal. (]) Subscribers` Antennas. The. Grantee &Fell not :fixtures necessary: for municipal networks on require the remove:, or offer ta remove or the condition that such installation and previtle any inducements Por removal of any, I nminteoante Marmot does not interfere with potential or existing subscriberantenna. as theoperation of Me Grantee., a condition of C ovis[moof ser ice. SECTION JA -19 APPL3CAT10N5 FOR FRANCHISE t (0) Sale or Service of Television Rarelvers. N franchise may Ws mPtedf antes, the aDpliean' Neither the. Grantee during the Period of the h dcc Nlly complateryry the application pro franchise :nor any of its affiliated,. subsitl cedure i a ortlence. with filing instruction f ry parent organizations, officers a r promulgated by the. City: directors or stockholders holding five percent' ` (59)Or .more of Outstanding stock of the (1) Pro 11 Bontlnd Tulin Fee. Provision o Grantee, shall within the corporate limits of I the. Proposal Bond as required In Section ld the city or within ten (10) miles in any direction, directly: or indirectly. engage in I the retail sale, renting, leasing, orih nair-1 , ing of radio or television receivers or their l appurtenances nor shall. they' require .aPy Subscriber to. Utilize the services of any Specific tel evisian/radio servICe. business for the repair or maintenance of, the subscri- ber's receivers, minae radio or television. This cestui shall in no way prohibit the sale, rental or service :of convertors.'neces- sary to the operation of the. BTX. by the Grantee. 1 (9) Antenna Switch. The Grantee, uponrequest from any subscriber, shall install at a l mmsanable charge therefore', a switching, device -W as M permit a subscriber to con• ` tiDue to utilize his/her own television senna as he or she oncoses. t (10) Service Response and Rebut . The Grantee) seven (T)' days a week far all t requests for mpa{re or adjuseg prior to. 2: W p e. each. day. In n the response time for cal subsequent to 2:00 p.m. ..teed (27) Fours, Upon failing to earn Of Customer service within teen' hours, of Initial ccap laintthe credit one -thirtieth (1/30) of to too Grantee. aC1Belem, equipment. and sere subscribers' demands aletate so i I network 15 as advanced as the current techn.l.gy and reasonable fees ib{lity' will allow. SECTION 14-68.. RIGHTS RESERVED. TO: THE CITY (1) Right of Amendment .Reserved to e City may frail -time' o. tib I delete Provisions of this Ord hall deem necessary in the mks is story, Powers provided that s or revisions are reasonable and an undaa financial burden an ] Such additions or revisions shall ( iter a public, hearing for 'wfid shall have received writtennot thirty (30)days prior to such Pea or affect, in any he xercise at a filen nclude y ar for any I abridge, either for the City's right dight to' 75(1) and paymentof a nonrefundable filing) fee to, the 'City= of one thousand dollar.I ($1_,000) which sum shall be due and peymble aU the time with the submission of the appli-1 cation. i G (2) Pro osalirants must d by the Cit R hick shall Proposal (NFP). ).sued by the City filI..I loll ode but Pat be'l tmi tooto the following: (a) Name and Amdm.s of {Applicant The name, and business address scant, l data of application and signature of applicant or appropriate, corporate officer(s). ] , (b), Oestri tion of Pro.d 0 ration. A general ,asser pt. ons o 0r e app team:'. proposed operation, Including but not, limited to: business hour., Operating ' staff; maintenance procedures beyondl Mean required in the ordinance, manage -1 ment and marketing staff, complement andi procedures; and, if available Me, rules, of operation far public access. 1 (d): 51 nal9arria�. A. statement of the; television' -dan mama services CO bel prob(ded, including both off -tile -air and] locally originated signals. (d). Special . A statement setting) forth a ascription of foe aotpmate0 services proposed As well as a descrtp- tion of the production facilities to 'bel ad. available by the Grantee for the' ,pooh o, munilipal, and educat)onel- channels required to be made available'byj the Arai,dai ons of thismThe... (e) Schedule Charges. A statement of the I ....{cant s proposed Sthedole of Charges, at forth by the provision of$ection: !— 14-76 hereunder. (f) Car rate„�ar ag_nizatlon. A.statement i Leta i,li n9 the corporate organization of the applycoin if ata. including the names and Addressesof its officers and directors and the number Of sharw. hold by each officer and director.. (g) Stockbelbers. A statement identifying the nuober li authorizes including g jsharesof applicant's a stock including ai ad r same lilt I the Bases. ars currant j adtlreaces of its r Or. holding, ] three percent stock. r mare of applicant's1 I Outstanding stock. (j) Financial Statement. If applicantis a Corporation, dud ted. financial' state- ments for the two (2) preeious fiscal years. If applicant is a partnership• copies of the N S. Partnership Retim of Income (195 Form 1065) far the two (21 CihA , 7-J- 2Ck17 1 Individual Income ax Raturnn (IRS Fath,' 1040) for the two (2) previ ua fiscalI years (k) Financial I'm iect on A ten (10) .year i opetaProforma hien shall IMIUCe' annual profit and laws StAtiament.' ginto aid expenses, 1 sheets, annual nn 1 1 is of iter penetration. Costs anal as anticipated for voluntary, as shell f presented be -1 d in the proforma as required inc.r ,rdinance, but shall M separatdlyw (1) Finamtal S rt. Suitable written evl tlence iron a recognizea. financing' institution, addressed to ,both the applicant andto the City, advising that the applicant's financial. ability .and planned operation have been analyzed by. the inatftution antl th5t the financing' institution is prepared to make the required funds available to applicant if 7 it i6 Awarded a franchise.. If the] Plane etl operation is to he internally) financed, a. board, ,resolution shall be I .supplied authorizing Me abutment and; expenditure of such funds. as are required to construct, install and operate the) Broadband Telecommunications Network contemplated herounder. (m) Construction Timetable. A description of "system.- COnstmCt on including the timetable for provision and extension of service tan different parts. of the City. ; w(N) Technical Oescr{ tion. A: technical n descr ptien OT thttype of system proposed by the applicant, including but not limited M, system' configuration (i. e. hub, dual Cable), system C."c{Ly, teo-wuy capability. etc. i will meet all the requirements at forth I therein. i (p) .E i t F anchises A statement f ..'sling rant isms held by the app) icanti indicati g when the franchises were issued and when the systems were Con- w structed and the present state(,) of the I system(s) is each respective .govern- f 1 mental unit, together with the new and address and phone number of a respon- sible governmental official 'knowledge.- able:of the applicant.. (q) Convictions. A statement. as M whether the app) canto any of its officersor directors or holders of :three percent (9X) or .,a of 1t v ti g stock has i0I the past ten (10) y ars been. Convicted of or has chargespa ding for any crime Other . than is ,routine traffic offense anal the disposition of each such Case. (r) MR tin Ekper ence. A'statement detail, nig me prior cable mleVision experience of, the applicant including that of the applicant's officers, me nagereat and staff to beassociated where known with the proposed ordinance. (s) franchise Renewal Information.. If n pp ca Io�STnewe1 of a fran-� nice, the P .P..l must include inn ' dtl th tion to e information required Subsections through o above.. (I) A summary of the technical, finan- clal and programming history: of the network 'since. the granting of the, original ,franchise. ({I) A statement an timetable thatl outlines all proposed changes,) ' pansiom or 1 p o ements in the; system' as to 1 es, programming' or te%lic l pe Mf Rat{ s -during' the forthcoming three (1) year review. period. (3) G �Ill�Internet. Nolo.. the City` is inter- ' est5a 'n maximizing the potential of the{ Broadband Telecommunications Network (BIN)1 comparative evaluations of applications villi ' reflect the Cityls epeq(alinterest in the: following areas: (a). Pra ramnin antl I'raducttan Assistance. A pr pose for fu 2: tae{ it es,p equipment or personnel beyond those : mouired elsewhere to M designated M1 ifect and promote local p grameling i' development- It is uneerstead that the foregoing will be available without) charge to all on a fair and npndlecri-� j minatory basis. j (b) Ol c ate Carnia a Ca a it . A p opecal for the Or. g net on perfmntal uses tl/o Interco nn cthem by or of g ie> specified in the oral= ice Sects n 14-80 for specialized neveds,and a plan d tom- s modating such future needs as may arise. (c) Bi-direc�t{o'wl Ce arc i [y. ,A proposal fors e feCtuatf ing the BTN:s bi-directional, capacity. ] (d) Nult 1 Origination. A proposal for ( system construct on in such a way that iii , is possible to allow ncessi.nal: simultaneous cablecasting of different, G programs on. the same channelto'dlfferentl parts of the City. I (e) Unl ersit i Iwo A proposal fors nterconnect ng th City's BTN with e I University. of Iowa. 'cable network as� specified by Me University, sa that I , residents of the, City will Benefit from', the Lniversi 'a re rtes. I he '(A) intra-Can del ati anshi p State - Iht sent describ ng al ntra-comDany rala- :w tionships of the applicant, including of j Pipmets subsidiary or affiliated tom-�� e). ponies. III .he (1) A reements d und.rstlyllP A state- ' .1 Be I Bent setting forth al agreements and -understandings, whether written or oral; Y. I j existing :between the applicant andspy ] other person, firm, group .r Corporatir 1 with respect to all franchise Aw.med� hereunder and the Conduct of the opera- . tion thermf existing at the time of proposal seems ttal. (j) Financial Statement. If applicantis a Corporation, dud ted. financial' state- ments for the two (2) preeious fiscal years. If applicant is a partnership• copies of the N S. Partnership Retim of Income (195 Form 1065) far the two (21 CihA , 7-J- 2Ck17 1 Individual Income ax Raturnn (IRS Fath,' 1040) for the two (2) previ ua fiscalI years (k) Financial I'm iect on A ten (10) .year i opetaProforma hien shall IMIUCe' annual profit and laws StAtiament.' ginto aid expenses, 1 sheets, annual nn 1 1 is of iter penetration. Costs anal as anticipated for voluntary, as shell f presented be -1 d in the proforma as required inc.r ,rdinance, but shall M separatdlyw (1) Finamtal S rt. Suitable written evl tlence iron a recognizea. financing' institution, addressed to ,both the applicant andto the City, advising that the applicant's financial. ability .and planned operation have been analyzed by. the inatftution antl th5t the financing' institution is prepared to make the required funds available to applicant if 7 it i6 Awarded a franchise.. If the] Plane etl operation is to he internally) financed, a. board, ,resolution shall be I .supplied authorizing Me abutment and; expenditure of such funds. as are required to construct, install and operate the) Broadband Telecommunications Network contemplated herounder. (m) Construction Timetable. A description of "system.- COnstmCt on including the timetable for provision and extension of service tan different parts. of the City. ; w(N) Technical Oescr{ tion. A: technical n descr ptien OT thttype of system proposed by the applicant, including but not limited M, system' configuration (i. e. hub, dual Cable), system C."c{Ly, teo-wuy capability. etc. i will meet all the requirements at forth I therein. i (p) .E i t F anchises A statement f ..'sling rant isms held by the app) icanti indicati g when the franchises were issued and when the systems were Con- w structed and the present state(,) of the I system(s) is each respective .govern- f 1 mental unit, together with the new and address and phone number of a respon- sible governmental official 'knowledge.- able:of the applicant.. (q) Convictions. A statement. as M whether the app) canto any of its officersor directors or holders of :three percent (9X) or .,a of 1t v ti g stock has i0I the past ten (10) y ars been. Convicted of or has chargespa ding for any crime Other . than is ,routine traffic offense anal the disposition of each such Case. (r) MR tin Ekper ence. A'statement detail, nig me prior cable mleVision experience of, the applicant including that of the applicant's officers, me nagereat and staff to beassociated where known with the proposed ordinance. (s) franchise Renewal Information.. If n pp ca Io�STnewe1 of a fran-� nice, the P .P..l must include inn ' dtl th tion to e information required Subsections through o above.. (I) A summary of the technical, finan- clal and programming history: of the network 'since. the granting of the, original ,franchise. ({I) A statement an timetable thatl outlines all proposed changes,) ' pansiom or 1 p o ements in the; system' as to 1 es, programming' or te%lic l pe Mf Rat{ s -during' the forthcoming three (1) year review. period. (3) G �Ill�Internet. Nolo.. the City` is inter- ' est5a 'n maximizing the potential of the{ Broadband Telecommunications Network (BIN)1 comparative evaluations of applications villi ' reflect the Cityls epeq(alinterest in the: following areas: (a). Pra ramnin antl I'raducttan Assistance. A pr pose for fu 2: tae{ it es,p equipment or personnel beyond those : mouired elsewhere to M designated M1 ifect and promote local p grameling i' development- It is uneerstead that the foregoing will be available without) charge to all on a fair and npndlecri-� j minatory basis. j (b) Ol c ate Carnia a Ca a it . A p opecal for the Or. g net on perfmntal uses tl/o Interco nn cthem by or of g ie> specified in the oral= ice Sects n 14-80 for specialized neveds,and a plan d tom- s modating such future needs as may arise. (c) Bi-direc�t{o'wl Ce arc i [y. ,A proposal fors e feCtuatf ing the BTN:s bi-directional, capacity. ] (d) Nult 1 Origination. A proposal for ( system construct on in such a way that iii , is possible to allow ncessi.nal: simultaneous cablecasting of different, G programs on. the same channelto'dlfferentl parts of the City. I (e) Unl ersit i Iwo A proposal fors nterconnect ng th City's BTN with e I University. of Iowa. 'cable network as� specified by Me University, sa that I , residents of the, City will Benefit from', the Lniversi 'a re rtes. I (f) Convertors. A:Proposal for inclusion o' j convertors as part of the basic service. (4) Additional Re ani anent The application for feaneM1lse sot 1 WIRD d pacific lly in theuap application to on herAIRTwenty iad coptes,af the application shelf be zupplietl G the City. The City hey, eits discretion, .cons iUer such additional information as pert The C1 tions, additions or amenmlents to the apple-: cation shall be considered only if specifi- j sally :requested by the City, SECTION 14-70.. ACCEPTANCE .AND EFFECTIVE CATE OF FRANCHISE. I(1) Franchise sees tense procedures. Any fro, T se owar ed hereunder an the rights,. privileges andauthoritygranted thereby shall l -take effect am We in force from and after the! thirtieth :(30th) day telided, the. award, thereof, proyldetl that within thirty (30) days. 1 from the day of such award the Grantee shall' a. file orb the City the following; (a) P notarized statement by the Grantee of uxpnditional aeeeptaoeeeof the free• chise, and II (b) io e- ertificatof ismur... as set forth i (c) p five hos in. the penal sum of ' five .honoured thousand dollars 2)her 00n. as set forth fn Section ity fund herein and deposit of the security fund. and (d) Reimbursement to the City fpr EIe cost: of p.bIi..ti., of this ordinance, and (e) Written notification of the Grantee's location and address for mail and official notifications from the City. (2) Forfeiturelof Proposal Bond., Should thl and full to the City as oqu see uaeeW, (3). Grantee TO HeT�rhe Re... seRecou se. The authority aereunuer. (4) ecce fence of Power and Authorit :.df Cit . he teniae. enDresa y ackn a gas Mao. accepting any franchise a sartledd'hereunderi be. r.Ii.d upon its we idvestigation understanding of the :power and authority the City to grant this franchise. (5) Inducements list Offered. The Grantee acceptance o any fradphiss awarded'hereur ' acknowledges that it has not been induce, enter Into this franchise by anyanother umeqe, or promise or other statement, o er or written,, by or in behalf of the i Concerning any term. or condition of franchise that is not included in ordinance..: (b) Grantee AccepM Tam Of Franchise.-- .f ob"gatidns of -such terms ie„d coaditfons further' agrees that it will, not .prior substantial completionof the system, set as against the City the claim that provision of this ordinance as adopted, any francMse granted hereunder unreasonable, arbitrary, invalid or said, (7) Incerpo anon of Proposals. Ina ureacce, oy; the a ceptance of any franchise awarded hereunder. agreed that the matter. att containetl Ia the: Grantee 1 s appl icat 100 for'Iranchi as and s stated in oral presentation. ..sept as 'I inconsistent with the .FCC Rules end Reg, tions, lav Or ordinance, shall be incorporated' into the franchise as though set out verbatim. SECTION 14-71. ,TERMINATION OF FRANCHISE l 1 (1) Grounds. for Revocation, The City reserves the.I r gM1t to revoke any franchise and rescind all 1 1 rights .ant privileges associated with thel ffanchise=in the following circums!anCes: (a) If the Grantee should default in the performance of any of its obligations, ) under this ordinance or the franchise,. { and fails to cure, the default within thirty, (30) days after receipt of written i l „notice of the default from the City. :(b) If the Grantee should fail to provide or maintain in fullforce and effect,. the performance bond,. security bond; still liability and indemnification :coverages, as required in Sections 14-.74 and 14-75,1 respectively. I i (c). If nteetuis filed by or against the I Grantee under the Bankruptcy Act, or any otherloency or Creditors' rights lw, State or e s the Grantee. snail fast to have it d s'it is sgtl. I (d) If a receiver, trustee er liquidator of the Grantee I. applied for or appointed tes_a13oy,port. of its assets. T (2) (e) If the Grantee makes an assignment. fort the benefit of Creditors. (f) If any court of Competent jurisdiction, the FCC, or any State regulatory body by, rules. decision. or other action dater - less that any sterial p o illi e'of the frarohi se documents, including this ordinance, is invalid or unenforceable. i (g) If the Grantee should violate any orders) or ruling Of any regulatory body A wng, jurisdiction over the Grantee unless then G ante. is lawfully contesting the , legality or applicability of such :order, or ruling. (b) If the Grantee failsto receive thei necessary FCC or State certification unless such cause is directly attribu- table: to. an action or condition Imposed by the. City. ter haring• upon 011cY r1u7. ,fee to the Grantee citial the i to Constitute, cause for a reasonable time in which the ,coy the cause. If, during the r period, the cause shall be atisfaction of the City, the e the notice to. hevial l and i(3) purchase of Gy tem by City. If the. t,ty -to-nes not l to r sue ten francMse mor reasons other thanmaterial breach 'ot thel _ franchiseor,reas0 snrelated to the Perfor-i fence of the fro chise he leer or upon receipt AT ea applic tion for assignment of the, franchise, or upon change of def to control,' the Grantee shalt first offer the Broadband Telecommunications Network for sale to thel City at. a fair and just market value, Mich value shallin land the fair market value of the system as a going concern including thel franchise itself and the rights and privilegusi granted by the City When a franchise is revoked ,para ht to this( section qexpi es and is not renewed because, of a t ria1 tech of the franchise. the. Granted shall first offer the Broadband f Telecommunication, Network for sale to the City at a fair and just mark Clue, which 1 ,.I. shall not include any vale for the franchise itself or for any of the rights or 1 privileges .granted by the, city. OIn the event the determination of fair market', {value cannot be negotiated or determined, said I` value shall. be determined. by an impartial) QT,A, 70-2`117 ,tion waffle, shall prohibit the .is rales am regulations, free lesser Sanctions or ce 6 res than i for Violation. of Previsions pf lance Including the ago tening of the sperfed for substantial and repeated O) Ex atfom Extended O eras tan from the i e pi ret on o fro chi se, the City eay, qy re olutlon; on its own oration or request of the G antes, require the Grantee to operate i the franchise for an extended period of time l not to exceed six (6) months from the date of any such resolution. All provisions of the franchise shall continue to apply W opera-. tions during an extension period. The City shall serve written notice at. the Granted's business office of intent to extend under this 1 section, at least thirty (30) days prim to expiration of the original iranchisd or any eatapNods thereof.. SECTION 14-72 REPORTS AND RECORDS OF THE GRANTEE 1 (1) Annual Financial Reports Raoulred. They ranee sea— la�Lannually with the city Clerk not later than three (3) mon", after the endof its fiscal year during which it accepted a franchise hereunder and within three (3)months after theend of eachsubse - Quent fiscal, year, two (2) copies of: (a). The .report to, its stockholders; (b) An income statement identifying' reve- nues, expenses. and income applicable to its ;operations under laid franchise .during. the fiscal year or fraction r Ihgreof and; (C) A listing of its properties devoted to network Operations together with an Itemization, of its rove Get in, each of such properties on thebasis of original cost, -1 s ceprocl.ti.a. These reports hall I ICAide a balance sheet, I st lag Of information as the City may request, and shall be Certified by a Certified. Public Accountant. (2) Annual Fact litias Report RR ir�ed The Grantee sal . le annually it the City f Clerk net later than three (3) months after the end of its fiscal year during which it __ ac pteg„-a,..franchise�he[eundeL aa2ll-within three (3) months after the an d of uch subse- quem fiscal year, two (2) copies of a total facilities report setting forth the total, physical miles of plant installed or in, operation during the fiscal year and a mapl (3) Cons idored the fair market Val ae at which one system .111 be offered to the city. The , add s determination of the value of the system shall .vis, be decreased by the amount of any damages } logbook sustained by the city in connection with suffice evocationor ekpiration, including without I urC.1ti I limitation,. payment made by. the City to lag sea l another .person Or entity to operate: the , City at Broadband Tel commune do s Network for adays i .,,vi after r cation. The ..It report. I of the arbitration procedures shall' be shared egya lly by the City and Grantee. j r The City shall have ninety days r- exercise Ma right of fst refusal to par ( chase the network said 'ninety. t value eeOf lthenenyet on the day the edit market value p( the; I.tl.n is determined either through nag'Citi once the arbitration its Optadoion tf tomineey does net exercise its optioq to, p mase, ra in the Network L not encfranchisesld e another operator Who has Abled a franc troy the City in a request Able the ci of time ' the Grantee, upon regaesq by the u city. -hall promptly remove all however. structures and., equipment; provided. however, anal In the l ant the City derose]it not to exercise its 1 right of first, refusal r shell not cable tale- a, ao -- ably refuse i nee or grant n cable tele- vision franchise during areasoneble. interim. I period While transfer of the system and I franchise ' is being negotiated arranged or ordered the .Grantee way be required to ' continue service to the public unless for i reasons beyond the control of the Grant. said' , operation Will be economically unfeasible to, the Grantee. 1 ((a) Restoration of pS an : ID the np its D ant, strut ares an equipment, .the Grantee 1. shall refill at its own ."an., anyaxcava- tion that shell he mile ,by It antl shall leave all public pays and places in as Read ... di - 1 Inapt y6 an- pue,.ic 4 s e,u :•.vv .ca• I fres, attachment, and poles after removal. Nabllity: insurance and indemnity provided in I t Sectio. 14-74 and the performance bond and security fund in Section 1h75 shall continue in full force am effect during the period of 1 removal. 4(5) Reiteration b CR Reimbursement of Costs. A the event o a .7 lure y, the Grantee to foal -dal a eay work required by Subaechltn (4) ) above or. y work required by City lav or iordinance within the time established antl to the satisfaction of the City, the City may I cause. such work tot be done and the Grantee i shall reimburse the City the costs thereof J within thirty (30) days after receipt of an itmhed list of each -:costs or the City .0 recover such costs as provided in Section 14- 75(2) end 14-75(4). I ICS), I Service Record Reno t gee.. file shall if -requested ty the C ty, ( Lith the City Clerk not later than 3) months after the end of its fiscal icing which it accepted a fragchise' ' and within three (3) months after of each subsequent fiscal year, two l as of a list of all trouble complaints dirk downtime":received or experienced the fiscal year. All soon submitted Ill also, include complaint disposition ,Once time. For the purposes of this in, certified copies of a 'complaint" reflecting all such incidents will, Also, if requested by the City, tied additions to the annual complaintl 11 be supplied in two (2)Copies: to the intervals of not more than ninety (go)' olloving the filing of the annuall (b) Acurrent list of all Grantee's officers+ and direct.,. inclutling addresses anal i telephone numbers. (C) Conies of I1 Pertinent greements or co tra t including poi use agree- ments, entered into. by the Grantee during the fiscal year in the conduct of its 1t business under a franchise granter { hereunder.. (d) The names and both business and resi-'r dentiaT addresses and phone plumbers all I the -Broadband Telecommunications Networld 1 resident manager and engineer. , i '(e) Two (2) copies of all :types of subscriber' i agreements. Copies of , Individdall i subscribers' agreements are not to be` filed dtWthe City. (f) Copies of all rules and regulations( promulgated by the Grantee during the, fiscal Year in the conduct of IV busi- , l neas.in accordance with the provisions of Section 14-67 hereunder. (a) (a) A copy of the annual''mpart(s)J of then parent flm(s) whichown an interest of 1 more than three percent (3t) or more of the voting stock at the Grantee; and such other anodal report(s) of subsidiaries or divisions Of tie parent firm(') as the City Oeems necessary - (6)P21 ate far Certificate of C 1{ance.! he tee shall give notice f tie City that it is seeking a Gertfficate of 1 Cmaplia c. fr.. 6a federal Colmunicetions commission. Within five (5) calendar days upon filing such a request Win the Federal Comairld6tIons COmnt s1on, the Granted shall Mile two (2) copies of its application far darlification with the City Clerk, 1(7) Public Aval l obit rty of Reports. Such aocu-, re is ad. 'reports- as required under this oral a e ..It be available W the .public in the office of the City Clark, during nommor 'business hours. Subscribers shall I entitled l Of the availability of such report in ways approved by the Broadband TBI.1UgM0Cat10o,1 Comnl.sffn. I (B) Cones andence. The Grantee shall siml- taneoas y' / le with tie City Clark a copy of ea h-petitlon, application and consUDications transmitted by. the Grantee to, or received by the Grantee fru, any Federal, State or other regulatory commission. or .gentles having competent 1uri6dtotian to regulate and per taining to the operations of any, Broadband TelscasmuDications Network Mthorized here- l under. (2) City's Access to Pecords. I (a) The City reserves the right during [M' i life of any franchise grantee Mnuner to have atcess at all oral business) hours and upon the giving of reasonable, notice, to the Grantee.. ...tmmts, engineering pia counting financial data, and service records. relating I the property And the operations of the I Grantee am n all ether readies required to be kept amuses'. entering csitalnedl Mrhin shall prevent the Gran from ie enjeinfs tCity from leald, documents relating to Drc,rlaad, Intarests rat related to its operation under this oMieeme in. the Cf ty'sl regulatory program. (b) Record. of sdbscribel lists em iduitf- fiablesubscriber statistical data not 'otherwise required by this ordinance shall be made available only upon a ruling by a Judge of .compasses Surls-; diction that such records are material to the City's regal story program. (10) Subscriber Immanent. The for of Grantee's agreements with its suoscri pars shall be subject to the approval of the City Council and two (2) copies of all to., of agreements used by the Grantee hall be filed and main Leiria with 0. City Clark. ' SECTION 14-73. FRANCHISE PAYMENT (1) Filing Fee. Applicants for a franeHad Mreui nto der all pay . nonrefundable filing fee to the City of one thousand dollars (511000) ,I I which sum shall be tlua and payable at the time. with•the submission of the application. (2). Finachisf C nsacton, Grantees of a foal se. he! Mer . a I provide an initial' payment to the City in as amount equal to the direct caste o1 granting the fnrmhl an 1.1.6- i Ing but Mt limited ts consultants fees Mich} i sum shell be due am payable concis r ntly with she Grantee'.. acceptance of the franchise, to, Offset the City's casts in the franchise awarding process. I (]) Annual franchise Pa n0. Grantees of a� rmpc sa hereundeY s el li any to the City an annul fm In an amount equal to three perceatt (n) of the "annual grass revenues', as, defined herein, Inlieu of ell other City's pampa em fees, In be utilized by the Cityl to offut Its regulatory and administrative{ costs end to maxia{te amanneas am use of mel access Capacity. This p,Mut shall be in addition to any OtherI pat owed I the Cftyl by the Creation, am sainot pe constructed as payment in 11 au oI munlclpal property taxes ori Other State, County, or local taxes., (4) Method of Coalutati Interest. ' (a) Soles taxes Or other taxes levied direct- ly an a mr-subscription basis and co netted by the Greats ahAll 'be deducted free the local annual gross . revenues before computation of susle due the City is made Payments due the City, under the Previsions Of Subsection (3) above shall be computed annually as of December 31 for the preceding year am Nail be pad simultaneously win the filing of annual reports required in Section 14-72. t the office of the City Clerk during his regular bis mess hours .I The payment period shall Commerce as of tl the effective data of the franchise. The I City shall be furnished a wnt... nt Wlth� each payment, by a' Certified Public r i Accountant, reflecting the total amounts of annual gross revenues, em the above I� charges. deductions and computations, for the annual payment period covered by the Payrcnt. (b) In the eventthat any payment Is at mado is required,. interest on the amount tlua, l aI determined from the annual gross' revenues as computed by a Certified Public 4tccountant, shall C.rim from the I date '01 the required submittal at an annual rate of twalye percent (12X). TM' p .... Otages designated to this section may be aamed h mere than once each year by the City Council, consistent dill increased casts for mnicpal Tacit flies and supervision and applicable rules df l - other regulatory agencies. �(5) R1 hts of Rec utat{on, No eUds,tavde o1 any, "man Y' the ity 6 all be construed as a release or as an ascera and satisfaction of any Claim the City way have far further or additional sums payable as a franchise fee under lois ordinance A, for the performance of any other obligation of the Grantee All --unit paid she]) M subject ta audit am ) ransmutation by tC'ty. ,SECTf to City. 14 74 LIABILITYAND INDEMNIFICATION J(1) Indemnification of French se It shall be expressly understood as agreed by antl between I the City and any G nth. hereunder that the• Grantee shall save the City harmless from all ' loss sustained by the City am a U...It of any suit J dB went,cution, clot. o demndl which the City logy legally he requl tl I pgyl s a s It of the enactment of this rmna and the Award Of a f .chin thereunder. except as such suit. Judgment, madautic ,]him or drealid pay se fru thea process or action of lection of a.Granta Grantees for swan of a franchise as provided heicein. (2) Indanificatimn of Cit in Franchise 0 twat qn. It scall be ...Dress y umerstoatl, and agreed by and between the City and any Grantee hereunder that the 6 ... to.hall save' the City and its -agents antl employees harmless from and against all'. claims, damages, losses, and expenses, including attorneys fees sustained by the Cityon cont of shy suit, judgement. assurcutin, claim or demand wh.taid..r arising at of the installation, operation or maintenance of the Broadband Telecommunications Newark authorised herein, whether or met any act or mission complained of is authorized, allowed or prohibited by this ordinance and aay franchise granted hereunder. This provision shall not apply to acts of the City, its agents or amployeds. (3) Reimbursement of Casts. The Grantee shall pay and by its .cceptato of any franchise granted, hereunder agrees that it ill pay all expanses I neurred by the City in defending itself with, regard to all damages antl penalties motioned, n Subsections (1) and (2) above, except as ' such expenses No arise free the process (as' above). These expenses shall include all Gut - of -pocket expenses, such as consultant's or, attorney' fees, am shall also include the reasonable value of any services rendered by the City Attorney or his/her staff- or any other employee of the City. (4) Public Llabllit Insurance. The Grantee s A malnta n dm QY its acceptance of any franchise granted hereunder agrees that it I Will . maintain throughout the term of the I franchise, any e.tenslano thereto, or as required in Section 14-71(4) herein. a general comprehensive liability insurance policy nearing as the additional insured the City,. its Officers, boards, commission., agents antl' employees. in a company approved by the City Manager and in a Tomsatisfactory to the City Man-9-1,protecting the City am all 1mra.as against liability f loss air it., for I parsed injury, death or property damage, occasioned by the operations of Grantee: under , any franchise granted hereunder, in the I amounts of, ' (a) five hundred injury tl dollars (E$00, 000) far Bodily injury or death .. any one persan,.within the limit, however, o/.ane million dollars ($1.001hDOD) far bodily injury or death resulting from any one 1act ingot, antl (b) Five hundred thousand mallets (5500,000) for Property damage resulting fpm a,y� one accident - - (5) Notice of Cancellation or Reduction of - I" insurance pa Tic es oentioned above shell contain an endorsement stating that the policies are extended to cover the - liability assumed by the Greater under the terms of this oMinims. and shall Contain the. following endorsement; It I$ hereby Understood meld agreed that. this policy may. not be cancelled nor the ' amount of coverage thereof reduced until thirty (30) days after receipt by the .City Manager by registered mit of two (2) copies of a written notice of such ' intent to canceror reduce the coverage. I (6) Evidence of Insurance File With City I Mane der All policies of insurance or certified copies thereof and written .0 den.. Of payment of required premiums, shall by filed end maintain d with the City .Manager during the term of any franchise ,granted , �, hereume or say renewal thereof. Ip1 M Waiver of Performance Bond. Neither the Provisions ononce Nor any Insurance ' accepted by the City Pursuant hereto, Mr say damages recovered by the City thereumer, small be construed to excuse faithful ( performance by the Grantees or •limit. the a ltabil'ty of the Grantae under any franchise Issued imnUmer or for damages, either to the full amount of the, non or otherwise. I SECTION 14-75. BONDS I (1) Pro a5a1 Bontl:. Each applicant for a frontals. t F. 0r 's 11 submit a Dfoposal bond i'le farm acceptable I the City Msger or certiflad check oa a Mek Lhat L a ember of . the Federal Deposit Insurance Corporation, payable to TLM order of the City in en amunt I of tuenty-five th... and dollar, (525,000).. Said Ind Sall raid. I. affect. until such time as the app l icer .wept. the franchise and furnishes boththeperformance bulla and l the ...unity fun as provided renin. i �(2) Performance Band. The Grantee shall maintain, a an by�.Cmptance of any franchise granted hereunder agrees that it wlII met main through the tau of the franchise, or any renewal or ektemtiA. thereof or as required in'Section 14.71(4), a faithful performance bona running to the City, with at least two good and __suf(icl eat EV!etie5_pLytpa tion 'aj— Or(.ra, 7s -D917 -PCLV 5- ' the peml approval Of JII hundred thousand I the pest sun total of elft .ned t n the 1 dopers (5500:000) f the tonetl upon the faithful performance of the Grantee and upon Va. further,hal fail t that y the event the .Fanner shall fail m cola with airy law, franchise ea regulation recoverable the I andfrasevere tare shall r recoverable rety f d severally Iree es principal and surety o, the nom, any damages or Loss suffered by the I City as d result,clediNe lull emunt mof any compensation. leffificetlen, hnt oair nst of removal er ab ndonnt of any property .f the l Gra tae plus, a reasonable al towanca for attorney s fens and costs, up to the Pull shunt of the Dond In nes a an failure ta met construction un7 deadlines nes as specified in Section14.84D tiles .80(6)d mall CM provi- Jef f Section onal.6) atoll result {n, fort iture of said bona or in Section fru nM I security }and r day for . Sdo beyond Ithe up LO 5100 per tlin for each nsy ionby that , construction deadline as compensation by Vey of liquidated daages as a result of sUdml fallenban . The d shall Captain. the follow{ngj enor,aeent: 1 S. It fs hereby amt be cancelled and no that • Inte bond may not en bes nor til intention not t0 renew be receipt until thirty nage Gaya :after of Io by then City y registered er thedm City of l2) City, Iowa by registaretl nil of two (2) copies of a r not notice of such intent Co al I canl orr not renew. I 4(3) Forfeit of pro asal�Boom. Should the M, i- pn at f I1 air refuse to race a Tranch{ae hammer or fail or nl.se m furnish no I Performance Band es set forth Mrain within thirty (30) do. efts, Written natifiew.. of the award o1 A franchise by the City, said applicant vitt be. cons Idered to have abandoned its proposal and the City shall enforce the proposal bond in accordance with its toms or l ' retain the proceed. Of the certifled check. '(4) Security iuod t (a) :Withinthirty (30) day, after the award data of this Tramples. the container Abell deposit with the City Clerk the son of Thirty ThousahE Dollars (S30,GOG)r in I rnoniasor securities as .ecurity for the faithful perfOmance by it at all the provisions of this fraMhl se, and compliance with all orders, Permits and .directions of Any agency of the city having Jurisdiction Over Its acts or defaults under this contract, antl the, payment by the company of aay claims,' )lens and taxes tlua the City which arise' I by Yemen. of the construction, operation' Or maintenance of the system. Amy motes deposited pursuit to this section anal) as placed by. the City Clark in an. Internet bearing demagd account at a bank or local savings institution agreeable n bath parties The interest o. this' account Will 24crue to the benefit of the Company. (b) Within ten (10) days after Mties I it) that any, amount has been withdrawn train the ted security fund deposl pursuant to I dissection (6)(1) of this section, CMI company shall payto, or deposit with,' the City Clerk a sum of moray air ... art - ties . sufficient to '-Imre such security; fund to the original amunt of Thirty Thousantl 0o11.n (Sn,000). (c) If the company fails to pay to the City any compensation r requirmd pursuant to this ardfnance {thin the time fixed herein;. or, fails, after ten (30) days notice to pay b the City any. texas due , and unpaid; Or, failsto repay to the City, within such ton (101 days, ea', damage., costs r expenses whiah the City, hall be Compelled to pay by reason of any act or default Of the company In' connection with this franchise; or. fail., it after to. (3) day. dealt. of such failure by the Office of the City Manager, to comply with day Provlsione of this contract in the Office of the City' Manager reasonably atarelns can be metaled by an expenditure of the• elurtty, the City Clerk may. Immediately I withdraw the amount thereof, with inter - 05t and any penalties, from the security fund. Upon such withdrawal. the city ' I Clerk shill notify the tamped, of no lamount and data thereof. (d) In the event the Grantee wishes to contest withdrawal, Grantee aay petition to Cha Commission for a hearing with'. ten (;0) days free data notice of with- drawal is mail ea or othentlse given. SECTION 14-76. FEES, RATES AND CHARGES ' (1) ch as for Services. All the, fellewing sharp., far services, pall be subject to City Cauda, PP10-1, In accordance with the schedule of charge. contained in the' Grantee's application Tor franchise, which 'chatline is,' incorporated herein by reference,' ____ end_my andif{uttona to fiud1 schedule that may result 'Teen a' rev iaw requested by the City n its OWm. motion otio or at the request of the Grantee The charges shotib filed W1M the'City and be in .cCOrdance Wl th the requirements eat forth m I I Subdivisions a through C of this smsection. (q Basic Service Cne es. Tree Granth may a e a merge il sub.cri Dnrs, private oy coons, al. for lnstelle el on and cam,ec-I tie, eM re.,eactlan to it. Broadband lelecoemmnicatiens Network antl A fixed mo, ly charge for "basic sefvic." Within the meaning of Section 34-61 Of this. ordinance. Installation charges shall not ba' charged Where Premises afic 110Smdy i vlred. (b)Burled Se rvice.Charbe. In the event tbatJ e SUOs. Q, requests a buried service drop to his residence, One Drente. ties 11 burysuch Crop ' Won the payM ret Of such. fe.(s) that have been app-oved by the City cc... U. (e) gnusual Connections Charges. The Glen- ". ramtee may'adke 2 Charge t0 subscribers for' installation and connection ,to its eworq in addition to those charges set forth in Subdivision (a) above, hherel unusual circumstances exist, 6mca as f remote or relatively feet ... Sibie sub- 1 scriber locations. or for an antenna) sMtchin, device. ) 42) Nb tl)scat ion ! Lner e . The Grantee .may T6 charges for its new ices not .,.ci- i i fled in Subsection (1) above, however, all 1 such cher,.., including but not limited to .dditi..l Service, lead channel, di ... ete cMonist , production and advertising rates. and S I the Charge to .all usersof the access channels j for reasonable production and origination cots, shall be made pool is and two (2) copies of the schedule of charges, as qri gine) ly and thereafter modified. shall be filed With the City Clerk prior to the effective data of such I change.. L(J) All Rates W. be lair antl Reaaor .r All IIIIII be fair set y the Grantor for sere lated 11 be fair and reasonable and calculated Col I Offset all necessary cwb for ise of ton t f the service, including a Petr rate t. Ad.ri l on its investment .1devoted mars tna. unoeri attic fent and ecanOmicel Senagement. (A) No Considerations Beyond Schedule. Thal I i whatsoever for Or in connection with W sort- it. to its subscribers eth. the n1j_ Whet may have been filed With randyorl approved. by the City. in accordance withi this reaction. (D) Oa sits on Ptivance D is W be ppyyr��ove�dd. rantee sat race low no j e ad M payment or peal, free any supserfiser or potential subscriber other Man those established in the tthedule of h roes previously filed With and/Or approved by the City Council.. (c) Purchase of Converter or SN ecIn. In the event that a sat cOnyrrWr Or coaxial 1 Switch or to r appurtenant device is required to permit subneelbers to receive 'ful'1 wtWOr4 S.rvl Ce", the Grantee shall j give the subscriber the option of purchasing the convertor at a reasonable cost at theties of initial installation l thereof, or of purchasing said convertor I switch of other appurtenant device at the then prevailing local installment plan intere.t rete. The te Grane hereby sprees t0 allow the subscriber to provide a convertor, switch orother appurtenant 1 deviu at its subscriber terminal', provided that such device to With the 1 approval of the Grantee Such .approval shall not be Withheld if 1t Is shown that I Such device'does not Interfere with the Operation of the Broadband le lecoweunications Network. If the sub.crioer elects not to" purchase Or provide amid convertor, switch or other appurtenant device, the Grantee may make an edtlttWnal Cheep for the rental of .uch convertor, switchr other appurtenant device providing that the ' additional Charge is In accordance with c tam's l of the s eta info in the . he rg Grantee application for a franchise hereunder or hereafter Shall be fired with and approved4b the any S I (tl) ar.n tee Re 4. If any subscriber of CO.Coes Grantee o sex then Ciel rty (JO) Eeys Grmt nates service due W. 1, Grantee's failure W render service W 'such subscriber of . type and quality provided for herein; 2. if service W ' a subscriber 4s terminated by the 'Grantee without used use. or 3. If the Grantee ceases to operate the, Bro dband Tel .nications Network eutWrlaed hie1n far any, reason except Wraleation or' expiration of a franchise granted hereunder; the Grantee ehall'refund W such subscri- ber an account equal to the -1014 charge• Installation and connection) charge' paid by such subscriber In accord- ance With the then existing schedule of charges. (e) Disconnection. There shall be no chary for�laction of any installation I outlet. If any subscriber fails to pay Properly due monthly su1sS,rJb., fee, I i any ether properly due tee or charge, ti Grantee may disconnect the subscriber' ...Vice outlet. Such discannoction he �iet ba_effeeted unt11__iKty (figs Uo I —y atter the.,due-4afe oo1 -aid d.lipquent fnj ' euntil tan (10) tl ys art r ad[.itnnot1 fth intent to I disconnect has been delltle d to the Subscriber In 4 sation UPOM PaYment of chomills tl e and the p ,mast of reconnection charge, if any, the Grantee shall promptly retnscata the subscriper's Cable service after 14.St by .subscriber. (4) Ac t n 'of Cit is Autherity to peculate Rates. The gran[.. s a 1 agree, end by it: acceptance f a franchise, Specifically agrees t be subject W the City. or Other'regulatory bodies, he tag competent. j rlsdi tion W fix just, reasonable and'. compos oto y rates, I 1(S) Ret s Sub wit te 0ther Rn u1 tlo '. The, rantee in sb0pi p is ..quest for approval) f initial to r a y subs quant rates shall' do so for all services to be performed to. ori for Subscribers described in 5 bsection (1) If FCC Rules mw Regulations Or any stherl applicable laws or "got ati ons, subsequently determine that the City of Iwai -'City has jurisdiction over otherServices of Service to be offered of performed, said rates shall be subject to approval by the City a0. that time (6). Reduc[ton of Fes. If during the term of any) franchise o renwel thereof granted hereunder the. Grantee receives refunds. or If the cost 2af Operatio to the Grants I reduced as a. exult o/ order of any .,0.tory body bar ifg tempi jurisdiction, the Grantee sinal i was on W its. 5ubscrIge,. on a Prorated' basis A" seen Sevinga or reduced costs on aj Desk to be,determined by. the City Cou'efl. (7) go" Change Procedures. (a) frees On Initial gate,. Th. Grantee' small int file an Application for' an Increase in fees. rates or charges until 1 twenty -f. , (24) manoths M1 ve expired from the ties the Grant. he, been determined- to ete. In dto have Convinced operation or from date; franchise r% granted. Whichever is later, t except to Seep relief from the mob I[ n ' pi a ny Federal, State r local Case r , Mer legally' Imposed a fees net Contemplated in the original rate determinations. (D) Llm'taci do on A I'cattan for ncre se •. n Rates. T e rantee shell bat file more tin n o ") aM",C.ti me f an increase in fees, rat S or charges curing any Calendar year except to seek relief Irom the imposition Of Federal, State or local taxes. or othe legally 1 poed fee. not ceetndilated in the Met. recent{ rate determination. (a) mus cat onsates. The �ls.l.Broadband... 1ev -.. Grantee's schedule of fees, rates or charges upon' application by the Grantee as herein provided, Of at -1 time on Its Men motion The commission shall submit ' Suchschedule and any contemplated I eodifi cations thereof, together withits recMMdettons, to the City Council as exDreeed 1n such resolution If. city l Council may reduce.or Increase such I Tees rates or charges adopted fbr,this p urpose and no Change In the Gr steels Schedule of fees, rates r Charges shell i be effective without prior action of the Colwission and the approval of Mal Council. Me such resolution Shen be adopted wl thaut prior pulal IC notice and opportun- ity for all interested members of the public, including the Grantee, tO to heard, 'subject ,to the procedures. set' forth In Section (3) h.reef. No change• in rates Shall take affect until thirty (30) days after the approval of the rat bythe. City Council (d) Documentation of Request for Increase Any increase requests, in. 'addition to; other factors described In this section',: Shall be .supportedby a avowing of increased Casts for the existing services or proposed Services, and shall be filed in Gro (2) copies With the City Clerk. If, a Grantee requests a change, it shall P Writing ra,dnt 4 1. to -Oa - 10ti . 9 the statistical basis, In addito other'tion se feraltheanp o set out to this section, " 14 y 0) day. fee .mange at least Merry (902 tlays prior W the propo ed,e effective tlat0. (e) Records to be Made Rv_ail.bl.. In addi-' H win, iCf Lhe,pdrpetep of tllteraieing Mal reasonableness of Granter hes, rates, Ar. charges, all such Information, in accordance with the provisions Of 5ectioo 14-78(8), shall be made ...Ilable W the City: (f) Notification of Cn S in R ulatoe 1 Foqes he Grantee shall Dr DV tlo rt- tten. OGt-if iceSi.n W theCl ty Ca,prc11 of Amy Changes received in regulatory face payable by it W'any other agency having regulatory jurisdiction. over Me Gran ' l tee. SECTION ld-Tg. EDUCATION AND GOVECOXNECTIONI 1108ReA"GTELECOMXNILPTIONG NETWORK I The Granted shall provide upon hi Within thei ,City m,e connection andmonthly service far "ws'el )service" to such public, ara,hI.I ad waprCflt ,private schools, the unlvefslty, of Two. City and ;other government buildings and Other agencies., ;provided that, -such designated locations arm within) three hundred (300) feet Of any network cable, croute. Jolt'al installation shall W etthoutl Charge. The fetes for .monthly service .bell bol ldest,saled: by the. Grantee' In Its PPOPasal. Retest ,for monthly service to residential be living. units' LWithlil_.WC1 entities nes,; be negetlated With eau)}) Ord. 78-2917 —Pe,—�£ I�ucn entity. Th. Grantee nay cnarpt for .fry excess faatage'an the basis of time d material for any s h I a. a tiens beyond the three hundred (300) foot I limit.t ion If SuCK connection is .des lgnated by the city. TheCity reserve, the right far itself and. the above a Cities at that individual expense, to extend se lie. to as any areas within Sacn athaals, buildings " agencies as it deems desirable Without payment of apeadditional Installation . fee or monthly .fee to Orantee. All such extensions, however, shall to accomplished In such a way so as not to Interfere with the operation i of the Broadband Telet.1hientions Network. SECTION 14-78. EXTENSION OF NETWORK (1) Extension Across Cie Boundaries. Before airy) subscriber locate n e tonxnun ty :othe than the City of Iowa City or UMversity Of, town I allowed to confleet to the Bleadba d I.I.- communications eleun < ti Network, the Grantee shall be, I ..his I furnishing service to A xi,b tan- tially completed"syate. for Iowa Clty resi- dents unless a waiver of thissection has been granted by the City council of the City off Iowa city, Iwo. A written Wei ver request must be made thirty (30) days before, revest- ing an appg ranee before the City Council Such waiver quest Shelf Clearly state the potential impact of Ruth occurrence on the operations and finances of the Grantee, the costs of suchen e.tenatan and who is to bear such Costs. and any retielpaced Intercan necti On with such institution.• as defined in l Section 34-17 Within the arae to be served by I .uch network extenalon. i If permission is granted by other jurlsdic- tlans the Grantee Shan be requir W extend the network Or cooperate with other Grantees in these jurisdictions to provide Service to Institutions listed in Section 14-80 of this ordinance. (2) Extension of Network Within City Boundaries. (a) C_mdtt�on f Re ui retl Extenion. Thel Gra t— a sell et a expos.. 1CM. al senabl amount of time a tend Its Broadband Totecawnunieaeions NewGk so as to prowl de full network service to all residents of; 1 Newly aniseed areas of th _City. ret then served by a Broadband Teletext- eunlwtians Network, o New housing areas Cave) aped 'within the City limits, or 3. Any resident dwelling Within the i City limits and No bundred (200) feet of existing network.' (b)'. Extension Po is The Grantee snail fUe Nth [ha ci cy art Wo (2) --pies -I its exte4sion policy far potential subscribers dea111ng beyond two hundred (200) feet tram the nearest point of the existing network but Within the City limits. Such Pally must be approved by tqe City eta the G a tee shell not make, or r rose to make. any extension eeelpt' as permitted by this approved policy. I (c) oof-H ten. The commission shall• upon' post t, The a public hearing, and .No S final determination Concern)ng aey . disputes arising. tram the extension of the network as stated hereih. SECTION 14-79: CONSTRUCTION TIMETABLE (1) Dermic P lica[IOn, It is hereby deemed inl the gob it interest the, the sI.— be exterM- ed as rapidly as O..fbI. to all resihntsl Within [he. City. Within ninety (90) days of I the effective data of a franchise granted' hereunder, the Grantee Shall file With the appropriate authorities and utilities all initial pop... end ppli atl.ns m e sary to comply with the terms of this ordinance. I including the application for franc hiss and) 'any'additions or amendments thereto a red ..hall ) thereafter diligently pursue all s ch atoll catio After the. Grant.. has diligently I pursued the acquisition of necessary pole attachment contracts• or other nebessary ed s wants, and Where such necessary contracts have not been executed or easements onta'ned after a reasonable ce,led or ties as dater - mined by the City. the City Pay at its all tion, provide assiatlhe. Ce Insure the Osten - tan of the atom to I1 residents Y (2) Camemencement of Construction Within ane h nd d eighty (180) days of the effective date of FCL' certification. the Granites shall initiate construction and 'installation Of then Broadband Telecommunications NaN_ork. Such construction and Installation shall be pursued) With feasonable diligence. (3) L cement Of Ooerat'an. Within twelve) (12) nme , ? h effective date of FCC l ertiffeat'.,, the Grantee Shot "commence .Operation"' w thin the W.Ri g set forth inl Sectio 14-61 of this ordinance. (d) Bubst ret sal C letlon of Construction. Wits n twenty- our monthsrof the of fee -1 tive dal of FCC certification. the Grantee) shallhave "s bstantfallY completed" can- struction of the service area within the .meaning set forth 1n Section. 14-61 of this ordinance. 11 (B) Provision of Basic Service. Within thirty- ' six J6 aonths o e effective dateofFCC cert (ficatl on, the Grantee shall have placetl to us¢ suTH tient distribution facilities I I as W offer basic service to one hundred I percent (1005) of Cne. dart l ieS on i is In the 1 service area, W Which access is legally andij re onabl'y at lable.� The City Lounc ma. n s seemed un.extend the time f Gr tee,. actino good faith, to me fee any act required hereunder, in. time fore perfooane, shall be extended or ..[used, as the caw may be, for any Period during Which Grantee demonstrates to the satisfaction of the City Council that Grantee is Wing sub- jected to telly or interruption due to airy of� the following circumstances of reasonably 1 beyond Its control: (a) Necessary utility rearrangements, mlel change -outs 'or obtainment of cowman ' ow ant rights (b) GOvermental'or regulatoryrestrictions ul (e) labor strikes I ) (d) lock outs i (q War �I (f) National emargencies } (g) Fere l (h) Acts of Lod, l (7) If FCC Certification is not required for a franchise granted under this ordinance, all time periods Specified in, subwati.A. (2); (3), (4), and (5) Of this section shal.I' commence with the effective date of the ' franchisegranted hereunder. SECTION 14-80. NETWORK DESCRIPTION (3) 5 she Bandwidth Ca bilit . In. Droste. Shall nsta a cable netwrk according to the I following .pacification.: lnitidl system designed to A capacity epulve lent to a minimum of thirty-five (35) forward 6 M& channels, 20 Mit for FM tlgnals, 20 Rot for M. signals end four (4) return 5 Mhz channels. papa[i ty shall Do Inicreawd as demand for additional channel u utilization exceeds this minimum. The Grantee at its option may provide fon this increased capacityat the time of initial construction. Whenever a reverse or fBedbatk circuit is routed free a subscriber's promises, it Shall' ba connected so as to permit subscriber i notification am subscriber controlledI deactivation. , As total bi-directional capacityis of a great meal of Interest to the City, applicants fora franchise hereunder may propose greater channel capacities and more sophisticated two' Way capabilities than the minlaums set forth; herein. NowevOr, such proposal shall describe the particular community needs to be served thereby and shell detail, 45 part of the financial projection andsupport required in Section 14-69(2)(1) the associated casts ano- revenues. (2) S stem C61 oration. The Grantee shall des yn an construct the network in A "hub Configuration" in. such a Way as w provide ma.inu, flexibility, and to service .the University Of lave and .other areas. (3) Grantee sell submit proposals to accommodated originator and experimental Needs from the. following locations as may be designated by.i the City; (A) The University, of lose, lova City (b) City and County Buildings, three loca-d tions. One being the Council Chambers. (c) Specified. public, parochial and no, profit private schools (d) The puttee library (e) The main office of the Board Of Education (f) public Access. Center. l 1 0 (A The system anal) b. designed and e, invasion nvaded in such a mmnner to prevent be- meter tnvad on of privacy. SECTION 14.81. MEIWRN TECHNICAL REQUIREMENTS (I) Ge r 1 Re iremenla. Each br.dband e W191 cat ons Hat'. seat be I. desisated, installed and Operated as to ometi the io Moven, mnerel requirements: (a) tapable Of continuous tventy-four (24), hours dally omrati.,; (b) Capable of operating over an outdoor{ temperature range of -40 Degrees FahreI_ Arlt to +140 degrees Fahren"tt Without) catastrophic failure or irreversible perfrrmance Changes Over variations In I supply: voltages tram 105 to 130 volts. AC; , 1 (c) Capable of meeting all specifications set forth hereih mar an Outdoor temperature I range of -10. degrees Fahrenheit to •100 l degrees Fahrenheit over variations i Supply voltage. from 105 to tag volts AC � (d) Operated insuch a manner as to avoid causing interference with reception of i i aff-tre-air signals by namubScribers to the cable system;, (e) Oeaempty installed and operated rules as W cmotion, pr all applicable hies and regulations promulgatetl by the Fed eral i Comwni tattoos Loemiss ion; (I) Designed, installed alb operated so as _. to assure the delivery to all Sub - as filters ub-atm"rs of standard color and mom chrome signals on the FCC•-dealggnoted Class I able telovialon C"nmis without ozaticeable plot.,, degradation 1 or )visible evidence Of Color distortion LI or other jams of interference directly, I attributable to the performance of the Broadband Telecommunications Network.. (T) Class 1 Chan 1 4r4e enc Re ut r_q errtnts. ne O w ng repo reomnts app Y m system performance an the FC[ desl0neted C1 ass 1 cable telev son channels AS measured at any sub,crt"r tarot net with - e late ed termination' (a) .the sighal level as measured at the visual carrier frequency for each coot* tetevtsionI channel shell yet be less than 1,000 (Meru -I volts) across E75 Dan terminating tepedeet. The aural carrier level shall be vain AT7" between 13 and 17 decibels be10w its) assxtated visual carrier level. (b) The visual carrier signal level. 06 Men televislop channel shall not very more than twelve (12). decibel. Within any twenty-four (24) hour period and shall be r maintained wttidn: 1. Three (3) decibels of the signal it level of any visual Carrier within 1 sex (6) MMS toll All frequency separation; and 2. Twelve (12) declmis of the visual carrier signal level On any other cable television channel. i 3. A maximum level Such that signal degradation one tooverload In the l,abs"lb.0', Cc.iNCr does at occur. (c) Broadband Telecommunicatlans Network frequency response at measured at any subscriber terminal shallnot v ry by .more than t (plus Or minus) two C2) db for all frequencies within -0.5 and 5.45 FIC, at the lower band edge fee- Ouency. (4) Th. Corrected ratio of visual signal level to system noise shall not W lees than forty (40) decibels. This require- ment is applicable only to, the following signals: 1.. Each 6ff-air signal carried by a Broadoand Telecommunications 'Net- work serving subscribers within the. Grade B contour for that signal; or 1 2. Each off -air signal which es first picked up Within Its Grade B Cut - tour; or 3. Each of F-oie Signe? Which is re- u cawed by the Cable system via microwave Or other similar form of transmission. - (e) Cross -modulation as massured at any visual carrier frequency from thecable i system Input. to any subscriber terminal.I shallnot arced -46' do ('as defined by' NCTA Standard 002.0267) at a temperature range of -10 degrees to 100 degrees) Fahrenheit. 1 (f) The ratio of visual carrier signal )Cecil to the MS amplitude of any. coherent disturbances such as intermodulation) I products„ system Resonated .1 Induced ca -I channel signals or discrete fregdentYl interterring signal, shall at be lessl than forty-six (46) decibels. except for officially assigned 'Offset Carriers for Which it shall not be lass than thirty- six hirtysix (36) decibels. (g) The terminal isolation 6.twen sub- scribers shall "t be less the, twntyl (20)'. decibels except that the Isolation between mulct-teminals of ore) i subscriber shall not be less thaal S ighteen (18) decibels. o f (M1) The hum modulation as measured over the usable frequency bandwidth from Broad- band Telecommunications Network input to any subscriber terminal shell not exceed. them). percent (31). The percent of hum.1 r modulation is defined as the ratio ..pressed In percent of the average level of the detected signal to one-half (b) the indicated .peak AC hum. (7) Radiation from a cable 1.ion system ' snail ON 11th in accordance W the limits , 76 set forth in part 7fi, section' Regulations.) of the ft[ Rut and) Regulations. (3) Standard Modlf ietl AAer H serY. NONiM ,, standing ins fact tri -at the naWaFK mayor ill compli aq . With All the standard, setforth herein, the CttY may require A higher level Of performance fp any area to resolve .signal ` quality m interference problems. (4) to hefsube,i,, for Addrenetonal Channels 1U be vl,Aot C proposer) 1.And V the for F debt gnabed Glass ll, 111. am to [nano)[ spell be .nonmed by the Orontes, O toe'' approves by the city es tin uH of Mesa c"nmis is implemented. 1 (5) Intercennectton Ni A. Redistribution Systems. A rant" snal Pet nte...nmet W th any distribution or rggictrlaucion'sysC m that does not: meet or exceed the technipal Sten- useds of any system operated under this ordinance: I SECTION 14.82_ PERFORMANCE MEASUREMENTS l (1)Genera? Re ui relents. Test procedures used int vhf ,catin or toperformance criterla sat forth "rein Shall be In aCc.MoACO With good) engineering p}entice. The 'test Or as Mures specified in 5LbwCtion (2) of in" Section ah designed as a guide and Should bemade enter Conditions .hien reflect system performance during normal eyxt. operations. AS there is more than dna technically accept- able method for performing many of the Mesurments, the tetmi,w and equipment utili.md'in each Case If different from these set forth belowshall be fully Oescribes in the annual cortific.t. filed With the City. O rra. is -291-7 1�-a_,- % (fi), pelav antl E t oo of Tii�. (2) Measurements Pr adore All measurements I ( Sha J be sada nom [A mad end" of the i Broatlbend Tel oma unt cat tons Network to at ' least three (3) ..beer Ib locations In each 'local distribution IYstem" at least two (2) Of which shall be "went case' locations ' (system e.trexitie.). Measurements shall, be I made at 75 ones with the loss of the set I transfOher indicaud vmro.amltubL for 1 each test location. The measuraents arc te ." mad... fellows: (a) Network frequencyresponse measurements may, be made with a calibrated- signal ,.,nor. variable attenuator and fee ... A y .elective vol tinter (if an accurately calibrated field strength meter Is used for the measurements, its, data of calibration shall be indicated and the technical measurement certificate filed with the Gtty). All television= signals except for PLC, AGC, or ASC pilot carriers may be aiecon,acted during this) test. With all automatic Bain control) Amplifiers in M* section under test set, to their normal operating ones, the) slgnal generator shall " connected' to toe input of tin [hroaudardl Telecommunications Network and set for a CW signal at the desired frequency and ati the level normally present at that- ' frequency and locatlon, with the .meter, and variable attenuator connected In Series t0 the subtcriber.terminml under test, the sigml' level .0411 be measured and ,cefded. Memsaroment shall then be made in a similar Manner for all video Carrier frequencies an the network at the level, thrall lye carried on this network. _ (b) Network Signal -to -else measurements may, I be made in accordance with. NCTA Standard, 005.0669 or with a calibrated stone] ' generator and 4repumcy, elective volt- Metar tameatetl as described in Sub- ' tlivi .ion (i) above. The signal generator s"il'. be 'tuned, in turn, to the visual carrier frequency of ...A FOPeesignated I Class 1 cable television channel and the I signal level at the sutleriber •ierminal recorded, The meter should than be toned I to a frequency 2.5 Idea above the visual .frier fraquenry. Of NCh channel, deverlbed above and with the signal) generator diebled, the imi.hd mise level rocoroed and Corrected by an n amrbpriate factor representing the ratio of 4 dela to the Anis bandwidth of I the frequency .1..ti" Voltmeter. (a). The network Cross-mduLtion measurement shallbe performed in accordance with NCTA Standard 002.0257. ( (d) Time Amplitude of the discrete freguencil Interferences within. a Cable calevlslaR channel W be determined with a fr l guenry selective voitanow. Calibrated', far adequate accuracy. (a) The UWAal isolation between any two) subscribe, caroinals may be measured by applying a signal of preaehrmi nod an,litude from a signal genaeator to one terminal in the revvse direction and 'measuring the epi ltude'of that signal atl r the other terminal With a frequency' selective voltmeter. (f) The system nun modulation may be meas- ufad'at each visual carrier frequency on `II the systom ds160 a Calibrated stomal Generates. d (location antl an os<i 11a scope. Tin slgnal generatof .hall be connected, and the level -end frequency set at a pm0etermi and mode With at .than Channels et at their harvest l tee l S. Wl th the detector AAd ozcilto- stood Connected to the subscriber ter- m1na1', the average 1eve1 of the detected signal and the peak-M-mak.AC hum will be indicated on the oscllld.cooe. - The, percent'Of hum mdul4tIOM for this pur- pose I. defined a the ratio, expressed in percent,,,of the average level of the l detected signal to ane -half (y) of the indicated peak -m -peak AC hum. (g) Radiation measurements shall be made in 2cCOManCe'vlth the procedures *stab its"d in Part 76, Section 76.609(b)(1) - ' (b)(5) of the FCC .Rules and Regulations. Atl (3) d it le 1the Ttzq end Inspection. The City reservesares (a) Requi,e additional tests for cause At� ppedl fed teMinal locations at expense of i the Grantee and 1 (b) Cesfuct Its own Inspections of the Broadband Tel.com uni.tlona Netw,k on its own. motion at any time during normal - business Mausl WitM reasonable move. notice,. (4) Rem,f Beasuresmnts Cmmolne0. To the' extentt otot Em report of measurements as requiretl Shea. may be c.Mimd wide any reports Of .euuremaUt. fequired by the FCC or other regulatory agencies, the City shall accept such combined reports, provided that all standards and masurmnets herein Or hereafter Established by the City are satin- - file. SECTION 14-83. CHANNELS TO BE PROVTOED �� (1) Public Access Channel. -1. Grantl shall p W a et mast d e M4IceLa. noncommercial I public .coca channel, associated Production. Rulp.nt and M all Staff 110 --tion ytstance t as made available for the first five (5) minutes of live prdduttlon to. the pvbllC at no charge on A first came - fi rstI served nondiscriminatory, bests. Hours of I availability for use of such channel shall be specified in toe application far traMhise.l The Grantee shalt regularly make fnfomacion2 vaflable to, the public on the evatlability ofd the access chanyol. with their monthly)I billing. The Grantee spall, In alcpeM=1.11 with. the Cohen lesion. draft rules for the utilization of cess channels. Such rules anuli Us placed on file with the. City Clerk. s Except as spacified by the FCC,, the Grantee' shall not censor any programming oa tore access i chancels. (2) Education end Goverment Access [oanlel t Tyre Grenne sen n a0 ton so Suesection (1) above provime at least one (1) additional channel. for educational and for goviurnmenul use, Th shall be no chargenode to users of I he a channels by. the Grantee. unless this' practice ac elatloes. Anyspecifically charges tshallybeF ' in adsoroance with a schedule of ch4rges filed antl maintained with the City Clark add approved by the City Council- Tim Grantee, in cooperationwith toe 'Coemisalan, .shall draft. rules gcivaryin, use of these Channela. Such l rules shall be placed on file with the City Clark. 1 (3) Uhiversit of IOW. Channels. Toe Geantee Sha I prowl e a least. ane adicnud chan_nell 1 for the exgluSive use ,of the University of: In at the University's discretion. use of this channel will be either (al' at no charge, and pperated under rules for educational access or (b) operatedunder a leasee channel' agreement negotiated with the Grantee. (4) Audi tie nal Channel e. Whenever any of they " cM1dnne lz as set rib in Subsections one (1), two (2) or three (3) are in use during'M of; the Weekdays (Monday through Friday) for =1 of the time during any consecutive three hour period foe six consecutive Weeks. the Grantee shall sake an additional channel available toll toe sane purpose. (5) Production gosts an Access Channels. The I Grantee she 1 not be; responM n for the production coat. of programs prepared for transmission (other than for brief live studio' presentations not exceeding five (5) minutes) over the channels as set forth in Subsection (1) above other than as the Grantee may elect i em do so. A schedule of .rates for production and origination charges. shall be filed with the City. Clerk. Such rates shall reflect, actual cost Incurred by the Grantee. However, there spall be no charge or lees.. for play back of pro -recorded mat rial on the public , access channel - (6) Leased AccessChannel. The Grantee hall main. n at least one specifically designated channel for leased access uses. Inaddition, other portions of its rounbroadeast banNJdth, I including unused portions of the specially designated channels,shall be available 'for Is as d uses. On at least one of the' )Eased I channels. priority shalt be given to part-time l users. i (7). Local Ortgi pat Ion Channel. The Grantee shall pruviae�e cnannel fully devoted to I.. ar ig )nation pngeoseing. The Grant. shall, in determining the use of this channel, consider any recommendations of the cmie)ssind antl .general public. I (B). -Time andWeather ?1 1. The Grantee (� shallov us ptlme ono .weather pro Drawn)ng. (9) Television BroICa 151 .1 Cerrla e, The Grant; a Carry Cho. tem eon blobdcast signal. which arc to decordenn With Part 76. Section 76.53 of the FCC Rules cad Regulations. file provision of additional televisionbroadcast signals as provided far in Part 76, Section 76.63(.) IMTI. If.. be regatfnd. The City is also interested In at least am additional tal.leton station broednsting predominately in a ren -English tarquage. (10) M Si nal Carrie a In Addition to the to ew s on s gnus set /area in Subsection 9 man its Grant. shall .,ry se I minimum one FIR raidlo stations whose normal broadcast ranges fall wlthln the City limits and all , carrier current stations Originating' within • Johnson County. If the Grantee elects t0 Carry any RN skotion, all AR noon licensed to laws City must therero,e be serried. In addition, toe Grantee .A Il provide for inclusion of a less" audio Inilloll aervices according to their adopted race schedule. I! (11) Basic Servica.. Channels to tie included on the I T !rat chandela not r.qul ing a Convertor or other Such appurtenance hall includes all { television signals described in subsections 1 e (1), t (2), three (3), Leven (7) and nime (9) of this section. As the maximized e of the total cnominal c;.cityis of A great deal of interest to the city, applicants for a franchise hereunder key ..bait proposals to utilize channels beyond the basic tests.' (12). Such a proposal may include the use of rt cebveors at no additional Charge to subscribers. ane Alert override. The Gr.htea. shall ncopdraft rete is Jac Htie. the capabL llty for an emdrgency ovorrlde audio alert Whereby A design. of the City, in times of crisis, mY introduce an audio .mage on a'1 Broadband Telecommunications Network appro- pr+an channels simultaneously. The Grantee shall provide, in a locatlon to 'M. designated by the City, all equipment necessary, for use' of the emergency alert system. 3 SECTION 14-84. CONSTRUCTION STANDARDS (1) eo Iia a w'th safe Cedes. All eonstrue- tion pract c.s Sha Din accordance 01b all' applicable actions of the Ole-P-eila=1 Safety add Health Act of 1970 and any astatee rets thereto a Wall as all Federal., state area local codes where 'applicable antl With tnel Natlonal Electric Safety Code. (2) stallation of telectronlc equip.nt than 'beh Electrical Code. All i Of, a pereavent nature, durable and Imetal]" id accordamcm with the applicable emotions of the municipal electrical Ordinance endalt state) and local' [macs ware applicable. i (3) Prison . end Towern. Antenm supmrting .truttuns (town) shall be deaf Qnad Tor the proper Funding zone as specified in Elec- tronics Industry Association's R.5. -22 -CII Sp;iflcatlon.. 1141 Co glance Wth Aviation Ra Nrements. l Rntenna support ng structures Lowen) chap i be Psi nUd, lighted, .,acted dna mal ALIl had in accord nee with all a,pli.bla rules antl regNatidna of the Federal Aeronautical Agency, the State Aeroneutln board governing the erection end operation. of eupportwdg structures or televIs lore tower., and all other, applicable: local me State cedes andj regulations. .SECTION 14.85. CONDITIONS OF STREIT OCCUPANCY ((1) Approval asetl ConitroCtlon. A Grantet! shall first dome Cha approval of the City prior' to consenting construction on the ' streets, alloys, public grounds or plant of i the City. Applications for .pproveI af, construetion shall be 10 a fon provided byi the City. '(2) Excivntian Parma+ts. A Grantee shall not open' ar dist— u— rurfacr of any scent, .toe - walk, dr+vnay. or public plan for any pur,aao withoutfirst hawing obtained a Permit to do sb in the mannerproNded by Crdinihce. All excay.ti.A' shall be Coordinated With other utility excavation or construction so as to + minimi.,disruption to the public. (3) Changes Required by Public Improvements. A Grantee ,hall, at its e•.nse, protect. support, temporarily atsconlraal ct, rocata In ! other public place, anyproperty of the Grente When 'required by the City by .reesan of traftio .opditlons-, .public safety, street I vacetlon, street construction, change or ' estab ltsh.nt of street grads. Inflolletion of , sewers, drains, water pipes. City -opted power' I o, signal lines, and tracts or any other type of structure or improvement by. Public .gene les.. (4). se of E istin Pales or Ce duct . Nothing' n. t is ordinance or any ranobtc granted hereunder, abal, auth.,J, to. "Orations to erect and maintain, In the City, saw poles I where existing poles are servicing the area. The Creation, shall reculre permission from the City before erecting anynew poles, under gfOund conduit or appurtenances where none, exist at the time the Granny seeks to maul I I its network'., I (5) Fac 111 ties et th b Axerdnm .1 tote Imre. Ail w Ye S5, con efts, cables. and at or property and fee lities of the Grenee shall be so; located, constructed, installed and main- tained as not to endanger or unnecessarily, interfere with the usual and customary trade. traffic and travel upon the streets and public places of the City. The Grantee shall keep and maintain all its property 1n good' Condition, order and repair. The City re- nerves the right hereunder to inspectand examine at any reasonable timeand upon.' M.I.O.bte noticethe property owned or used. In part or 1n whole by the Grantee. the Geanee shall keep accurate snaps and records of all It. facilities and furnish copies of such maps and records as requested by the City under Section 14-72 heroin. A.Grant. shall not place poles or other equipment where they NF1 interfere with the rights or reasonable' convenience sof adjoining property. owners, or with any gas; electric, be telephone fixtures' or with any water hydrants or mains.. All poles or the, fliRuros placed in a street shalt M gland in the ,fight -Of -Way betw.n- the roadway and the properly, as specified by the City. (6) mp)°d )splen lonerfl. All wires, propiu-i, all cables. and Installed in an orderly and 1n manner consistent withthe trade. A11cables! and Ness shall Ee installed pe...... ..th' existing telephone antl electric ital sheoved� Possible: Muliiple cable configurations spell be arranged In parrallel and bundled, with duvl reap t for engineering end am acyl ...aide,ationa. All i smitatwons shall be uOd.rg red I. thane red. of the City .where public utilities providing to leDoohe ane electric service are underground at too Uma of installation. Ina, ac Where telephone or sleet Ic utility. facilities. are etoyeg send at the ti. of installation. the Grant. y tdl) its service emoveground prove dee t snheti at such time, as those facilities are reeci red to be placed underOround by the City or en placed underground, the Grantee sbell. llk..Ia. Place Ito service. underground without additional cost to the City or to the resi- dents of the City other than I. may be granted under the.provisi;s of Section 14.76. (7) Protection of Facilities. Nothing contained T,--,-, fs sec Efon she I relieve any IPerI.n, company or corporation from li ability riving out of the failure to ...'is- reaao.ble care I to avoid injuring the Grantee's facilities While performLng any week cannecLed Nth' grading. regrading. or changing the lin aft any street or public place me With the i construction or re.onst elution of any hewer or� water :Ysiww. Omar 't6 ---,'q17 + (8) Not ire of C't le �ovemenfs. the City shill! ' e t e Granite inse—ua le roues of plans for street improvements where paving or vefacing of .'permanent nature Is involved.) The notice shall contain the mature and, character of the imps e.nts, the streets) open web the improvements ar! n Mme. the extent of the improvements ad the .ark schedule far the. project. The notice shall) i give the Grantee sufficient time to make any additions, alterations. or repairs to its facilities as. it deems necessary to advance Ofl the actual cmmencemrnt of the work, so as to .rest tie Grantee to mintale continuity of service. 1(9) Ae uests for Removal Or than e. ins uranaeel Sha I, on t e rmge.1t of any Persian holding al building moving pe.it temporarily raise ort Iowa, its wire, to Permit the moving of said building The expense of such temporary) removal 'raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall have the authority to require such paymeat in advance. The Grantee) shall be given not less than ten (10) working days notice of any move contemplated U arrange for temporary wire changes. ICI{ (10) Authority to Trim. Trees. The Grantee shell) have�l ty to' true trees upon dna averhangl g streets, alleys, aid ... lks, add other public places of the City so as to I prevent the branches of such trays from coming in contact with the whys and cables of the company All tri.ing i. to be does under the supervision and direction of the City after I the explicit. prior written notificatian and approval of the City and at the expense of the Grantee The Grantee flay, contrect for such services. However; ane fire or Individual sol roteined shall 'receive City approval' prior to+ commencing such activity. (11) Restoration or Reimbursement. In theevent oft disturb nc0 o any street or private property by the Grantee, it anal I. at its own exptnse' + and is a even., approved by the City and the .no,, replace and 'restore such street or private property in as Good . condition as - before the work causing such distulsocs' vas' done. In the event the Grantee fails to perform such replacement or reaeration the City or the owner smallhave too right to Go sol at the soleexpense of the Grantee. Payment) to th C1 ty Or net for such .placement ort restoration shall be immediate, upon demand, by the Greene. All requests for replacement or ,maturing of seen ,treat,or private property asm 1ha av base disturbed must be in writing (12) Office end Recerdz ink. The Grantee aha at a t res make eon .keg at an office maintained by the Grantee In the City, full and cnpl.to plans and recordt showhdy the exact location of 411 Businessland T linos- munlcati na Network maul Want installed or in use +n the streets o, other peallc pieces of the City. The Granted 'shall furnish the City a current maD or sat of maps, Green to scale, anowidp all Broadband' Te l Reaenunicaci ons • Network equipment installed and 1n place in I streets and other Public place. of the City. (la) Erre, a Removal df Dtant. If, a any •i.. n case of re or a%aster in the City, It .hall becomes necessary 1A the reasonable judgement of the City to cut or any al the wire.. able,, amplfft rs appliance,, pliance,, or a;urte...... cement. od u cutting or moving may be dealk and any repairs rendered maceseary therby small be asi de by the Grantee. at Its sole expense provided that n me such repairs et necessitated by negligent .at of the City, in watch ca., cost for repairs .hall be borne by this City. I ntj (14) Alto poo 1,1ED af� Is Indeni eE toVetlr Grantee by the City for any ,.son, the Grente. will make every reasonable effort te' provide service over alternate roues. SECTION 14-86. INTERCONNECTION (1) No Prohi bit tan of Interconnadtl d n. Nothing( To C s ord noon aha tl Cpnat rued 50 as e'� ptomlblt the Grantee from innrconnecting Its, .network with othe, similar .antl Gupus network.either to the City or in other mu0icl Dallttes.I aunties or states except as the provisions of Sectio 14-78 apply, Howevee, any. ,avenues derived therefrom thall be egvinbjy allocated in the calculation of 'annual gross revenues 1 asset forth in Section 14-73 herein for Intercnnnectton, The GMntee small, _ a q bated by tae City, conduct a technical and to Galt feasibility study of any tnterconnl be requested by the City. The study small he presented ud n the City and i the event that the ctudy snows such Grantee u nec[iSo u b. fmaibl., tnn ' accomphall if interconnection- lnneructad by the even City - accomplish A -d inicates technical In theevent that theLudy indicates es elect, but t feasibility dnly LM City ley el act, but at t sola paid rotlo t anted.. for co;ens two to be paid t tie Granted. to mount ben[ to ass re an econonic "break Oven" Oby the 1 GradiW and so ardor that Innrm n.ction, � I St eTION 14-87. WNAITMRIIEO CONNECTIONS OR MB1- FICATIONS (1) ited. I soaul be uo mwfN od, on Kor anytions Direih person, greuPt ' e.romental body or l agency. ithouCorps0at ion, . qo Greece, Without see Me ekVnafed consent of the Greece, , Lemke any hysically. exnnston, or y, 'dt v wet on, Harmer phYa1n11Y. scoustitally, induttivaly, electronically oroto."'—, With me to any aegment of a franchised i Brandbndd 701sea.gnitatiOns Netwrk far any purpose whatsoever, except as Provided to -_-_ section 14-77' heroin. _, Removal or Oestructi en prohibited. It shall. D. unla V1 or any tire, person, group, company, corporation, or goverment 'body or agency to willfully Interfere, Loper, remove, ab etruct Of daaage any part. Salzmann, a- content of a framhiaed Broadband Telecom n ic.tloos Network far eny pu-ossa whatso- ever. V1o14tio . Any tire, person, grove, coepa,ry, corporation, or governmental Eody or agency convicted of a violation Of this section shall for each offense, forfeit a sun of not mere than ane hundred'. dollar, (AGO) together with casts of Such prosecution. Violation of this section shall be considered a sep4rate offense fireach twenty-four (24) Mur period the viol Scion continues following notification.or of sc.v.,y. SECTION 14-88. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED (1) The Grantee shall not canmitt any of 'the following scloyment practices and &areas to Prohibit the f.1law1ng practices in any to Omit. ar subcontract entered Into lto effectuate the operation of this french) M.,, (a) To discharge fro. employment or refuse to hire any individual to.. of their Color• religion, creed, Ins. national re onal origin, age, disability, mari- tal status, or sexual orientation. y (2) (3) (4) Violations. Any firm,. person, group. company, corporation, or governmental body or agency onyicted of a violation of this section shall l for each offense, forfeit a sum of not more I than mw hundred dollars (a1GG) together with 11 costs of such prosecution. Violation of this I; section shell he considered a separate offense for each. twenty^four (241 flour period, the solation continues following notification or discovery. SECTION 14-90. TRANSFER 1'(1) (b) To discriminate against eny Indlvldual,in tem., conditions, or prlvllegas -,of ap .layment because of their rau, mie. religion, creed,. s.., national origin, age, disability, marital Status or ..ual 1. orientation. w In addition to the above, the Grantee shall comply with all applicable State, f , and municipal lays concerning discriminatory it and i .nisi- practices. Servs tts to be Epual ly Available. The Gran- tee snail not refuaa cable UITvIxlon Service to any person. Or organization who renueits such Servicefar lawful pulpa., nor shall a company refuse any person or organization the rlgM to c.blecnst pursuant to orovlsi-A"Af this Ordinance. The company shall mt. As'to rates, charges, service facilities, rulfs, regulations or In a!9 other rmspeet, make 64 grant any unreasonable preference or advan- tage, nor subject. any parson to any Predud{ce or disadVantage. The company shall Sake affirmative steps to dl.seminate the infer - motion concerning the availability of its services to all minority and stool under- repres.n.d Soups. This provision shall riot be domed to prohibit pramti..l. lawulf;M to stimulate .subscription to the system Or OLAer legitimate uses thereof; oar shall it M deemed to prohibit the establishmentof a graduated scale of charges and classified rate schedules. b -which any customer coming within such classif/WtloSe .hall be antl teed. provided such schedules have been filed with and approved by the City as provided in Section 14-76. , fairness Of Aocess1bi11?t. The entire system of tbe Grantee anall ef�.,rated in a manner consistent with no principle of fairness and equal accessibility of Its facilities, equip- ment, cMf,a lS, studios, and other services to all citizens, businesses, public agencies, or other entities having a legitimate use for the system; and no one shall be erbit,Srlly excluded from its use; allocation of use of said facilities Tall be made according to the rules or decisions of regulatory agencies affecting the same. and where such rules or decisions are not effective to resolve e dispute between conflicting users or potential users, the matter 'shall be submitted for resolution by the Broadband Telecommunl- cations Network Commission. SECTION 14-89. SUBSCRIBER PRIVACY (1) (2) (3) (2) (3) Consent Prior to Transfer. of Franchise. '"Any franchise granted hereunoer aha 1 be .:Ociv- i l age to be held for the be nefft of the pool lc by the Grantee. Said franchise cannot In -any event, be told, transferred, leased, assigned r disposed of in whole or part, either by forttd or Voluntary sale, m.w9ar, consolidation. mortgage, trust, re.N.rShip aany the, manuis without Mm e prior consent of the City ..pressed by a Council rtaolutign and then only under such conditions as' the Council may establish. Consent Prior to Change of Control. 'prier approval of the Cl tyiaunci7 shall be required where ownership or control of more than three percent M of the voting -tock of Gientep is acquired by a person or group of y.NOns acting in concert, none of whom alreadyawns' r controls three percent (A) or mre of such eight of central, singly or collectfAIY. Transfer free a subsidiary te. a parent i corporation or vimvarsa shall nota be considered as a change of central. Prior approval of the city Council shall Ilse be 1 required for an enenBeS in ..r,bip or control by -Meson or group of personasabting in concert. Mo already awn or conteall toree I percent (3Y) or mer. of such right, of control, singly or Mcrtoape or Plan! of Network. Nothing in this omtn.hco shall j d.eme. to proWt .. the mrtgago or tin pledge of the network or any part the f. However, any such .,%gage or pledge shall be subjent to and subordinate to the right of the City under this franchise -I- applicable lees. SECTION 14-.91. PUBLICATION COSTS ' I iti� The Grantee shall assume the cost of publicatieo of Ma franchise ordinance as such publicatfnn is required by law.i A bill for the publicattnyieosts I Shall be presented to the Grentae by the CjtY upon the Grantee's filing of acceptance and Mall be paid at that time. SECTION 14-92. ORDINANCES REPEALED _::I All ordinances or parts of Decimal..I�n Conflict with the. .provision. of this ordinan"re'hareby repealed. SECTION 14-93. SEPARABILITY "- _J If any section, subsection, .entenca, lcI.us.. IN rau or word of this ordinance is for any reason j held invalid or unconstitutional by any nuOurt of ronin@tent ,jurisdiction. Such section, subsection, ! sentence, clause, phrase or word shall be darted A separate, distinct and independent orovlstan and, such holding shall not affect the vailidi ty�of the 1 remaining portions hared!. • 1' iSECTION III. EFFECTIVE DATE. This Ordinance shall' be iaffect s its final' passage, approval end publication as required by law._:_' it shallbe unlawful for any fire, person, group. company. corporation; Or governmental body to Initiate or use any foes, procedure or I device for monitoring or procofim information or dia generated from orby able subscribers' teminal&. without prior written valid authorization from each subscriber so i affected. valid autborizatim Shall an written approval from the subscriber for a period of time not to Wand' -a- (1) year and shall not have bean ootoined frnn"tha sub- 1 crioer as a condition of servlc.. Further, it Shall be unlawful for a Grantee, without tach authorization, to active. and/Or ani ii. any "Clay IV Cable Television Channel" in any manner from, the subscribers' pr.ml Sea. In any case the subscriber shall retain the right to deactivate his/her terminal. Nothing berain I sWLI prevent the Grantee trm mniteril!g for , technical integrity. This Subsection shall not prevent autMrized individuals from obtaining information pursuant to a valid j court order. Subscriber Data. The City, or a Grantee,. or.� any p.r.an Snell Oct. without prior written valid authorization from each Subscriber so affected, provide any data identifying or designating subscribers, this .shall include but net be limited to sab,cri Eer lists: Any data so authorized will be .ado available to the authorizing subscriber in understandable fashion.'I Subscriber Agreements. Any agreement or contract sucn as is necessary for subsection{ (1) and (2) above shall Pat be part of any i other contract or agreement and nall not be a 'I condition of subscribing to the system. j Passed and approved this 22n6 day of August.' 1978.. OR �. ATTEST. CITY CLEflN ._._ Lptember 26, 1978 OrLal 7$-29']7 }�cL E R Printers fee $Z CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS- CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper Ou times, on the following dates: r Cashier Subscribed and sworn to before me this L day of O G �1l A.D. 19 7� Notary Public No. lv� Ysr7 ATC MICHAEL J. MCCRUDDEN Svnmr VMo Premtlene April 11, 1979 Uvd. (.rno k 78-aq/ r7 A"VIERICAN TELEV'S1O1V d COMMUNICATIONS CORPORATION 20 INVERNESS PLACE EAST • ENOLEWOOD, COLORADO Sol 12 • PHONE (303) 773.3111 City Council City of Iowa City 410 East Washington St. Iowa City, IA 52240 Members of the Council: li7l p pn) 4BBIE STOLFUS CITY CLERK 9206 Hawkeye Cablevision Corporation unconditionally accepts Iowa City Ordinance 79-2949, awarding a franchise for cable television to Hawkeye Cablevision Corporation. Enclosed find the following documents, which complete our acceptance as required by Ordinance 78-2917, Section 14-70: a) Certificate of Insurance. b) Performance Bond for $500,000. a�0 1� c c) Check for $30,000 as a security fund, as provided in Section 14-75 (4). L.�ial d) Check for $23,746.40, as final payment for all city franchise costs, including publication of Ordinance. The payment of costs is based on a letter of March 30, 1979, from Rosemary Vitosh, Director of Finance, Iowa City, as amended by telephone conversations on April 10 and 11, between its. Vitosh and Michael Kruger of ATC. All official notices regarding the franchise should be sent to Hawkeye at the following address: 20 Inverness Place East Englewood, Colorado 80112 We believe this completes our acceptance of the franchise. We are honored to have been chosen, and look forward to the future. Sincerely, MJI,I/,7 d j Enclosures: STATE OF COLORADO ) ss COUNTY OF ARAPAHOE ) This 16th day of April before me personally appear Michael J. McCrudden who swears that he has executed the above matter and has subscribed his sign�in my presence. Notary Public My commission expires 10/4/81 ORDINANCE NO. 78-2918 AN ORDINANCE ADOPTING THE CODIFICATION OF ALL ORDINANCES OF THE CITY OF IOWA CITY, IOWA, OF A GENERAL OR PERMANENT NATURE OR IMPOSING A FINE OR PENALTY, INCLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE CITY OF IOWA CITY, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE CODE OF IOWA; PROVIDING FOR THE TITLE AND CITATION OF THE CODE; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES OF A GENERAL OR PERMANENT NATURE OR IMPOSING A FINE OR PENALTY, PASSED ON OR PRIOR TO AUGUST 9, 1977; EXCEPT THOSE NOT CONTAINED IN SAID CODE OR RECOGNIZED AND CONTINUED IN FORCE BY REFERENCE THEREIN; PROVIDING PENALTIES FOR THE VIOLATION OF THE SEVERAL SEC- TIONS THEREOF; AND PRESCRIBING THE TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. Pursuant to Resolution No. 78-334 adopted by the City Council of the City of Iowa City, Iowa, on the 25th day of July, 1978, the City Clerk was ordered to publish notice that a hearing would be held in the City Council Chambers of the City Hall at 7:30 P.M. on the 8th day of August, 1978, on the proposal to adopt a Code of Ordinances. Said notice was duly published in the Iowa City Press -Citizen on the 29th day of July, 1978, as required by Section 362.3 of the Code of Iowa. The City Council then determined that the said proposed Code of Ordinances should be adopted as now filed and did then on the 5th day of September , 1978 , adopt Ordinance No. 78--M8 adopting sai-d—Code of Ordinances as provided in Section 380.8 of the Code of Iowa. IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Code of Ordinances Adopted. The proposed Code of Ordinances of the City of Iowa City, Iowa, printed by the Municipal Code Corpora- tion, Tallahassee, Florida, heretofore filed in the office of the City Clerk of the City of Iowa City, Iowa, consisting of Chapters 1 through 35 and including references to codes adopted by reference and further including that schedule of four (4) changes from the printed text of Chapters Ordinance No. 78-2918 Page 2 1 through 35 file -stamped by the City Clerk and dated July 28, 1978, a copy of which is attached hereto and incorporated herein by reference the same as if set out in full herein, is hereby adopted as the "Code of Ordinances, City of Iowa City, Iowa." Section 2. Ordinances Repealed. All ordinances of the City of Iowa City, Iowa, of a general and permanent nature, enacted on or before August 9, 1977, and not contained in said Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of said Code, except as hereinafter provided. Section 3. Effect of Repeal; Ordinances Saved. The repeal provided for in Section 2 hereof shall not affect any of the following: (a) Any offense or act committed or any penalty or forfeiture incurred or any contract or right established or accruing before the ef- fective date of said Code; (b) Any ordinance promising or guaranteeing the payment of money to or from the City, or authorizing the issuance of any bonds or other evidence of indebtedness; (c) Any appropriation or budget ordinance; (d) Any ordinance establishing the compensation of any city officer or employee; (e) Any contract or obligation assumed by the City; (f) Any ordinance relating to the purchase, condemnation, acquisition or dedication of property for public use; (g) Any ordinance dedicating, establishing, opening, reopening, naming, renaming, wid- ening, narrowing or vacating any street, boulevard, avenue, alley or other public way, including rights-of-way; (h) Any ordinance establishing or changing the grade or centerline of any street, avenue, boulevard, trafficway or other public way; (i) Any ordinance authorizing, directing or otherwise relating to any public improvements; (j) Any ordinance creating sewer districts or districts for public improvements of any kind or nature; (k) Any ordinance establishing or changing the limits of the City or pertaining to consolida- tions, annexations or exclusions; (1) Any ordinance levying general or special taxes or special assessments; -�6 y Ordinance No. 78-2918 Page 3 (m) Any ordinance granting pensions for retired officers and employees; (n) Any ordinance granting any right, privilege, easement or franchise to any person, firm or corporation, not inconsistent with such Code; (o) Any zoning ordinance; or amendment of the City's zoning map; (p) Ordinances prescribing traffic regulations for specific streets or areas, not incon- sistent with such Code, such as ordinances designating one-way streets, arterial high- ways, through streets, stop intersections or intersections where traffic is to be con- trolled by signals, and ordinances prohibit- ing, restricting, limiting or otherwise regulating the stopping, standing or parking of vehicles on specific streets or in specific areas; (q) Any ordinance or resolution establishing rates and charges for any utility service, not inconsistent with this Code; (r) Any ordinance which, by its own terms, ex- pires after a specified time, or on the prescribed date; (s) Any ordinance enacted on or after August 9, 1977. The repeal provided for by Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. The above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention of this ordinance to exclude from repeal any and all ordinances not of a gen- eral nature. Section 4. Severability of Provisions. Each chapter, and any and all subdivisions of said Code hereby adopted, is independent of every other chapter and subdivision thereof, and the invalid- ity of any chapter or subdivision thereof, shall not invalidate any other chapter or subdivision thereof. Section 5. Official Copy. The City Clerk shall attach to the official copy of the Code of Ordin- ances hereby adopted and attached hereto, his official certificate showing such adoption and the effective date thereof, and shall retain the said copy and certificate on file in this office where a 7 Ordinance No. 78-2918 Page 4 copies of the same shall be subject to public inspection, and for sale at cost to the public. Section 6. Amendments. Any additions or amend- ments to this Code when adopted as ordinances or resolutions amending this Code and which indicate the intention of the Council to make the same a part hereof shall be deemed to be incorporated in this Code so that a reference to the Code of Ordinances, City of Iowa City, Iowa, shall be understood to include them. Section 7. Distribution of Copies. All printed copies of the Code shall be deposited with the City Clerk. He shall deliver copies of the Code to all departments of the city administration as directed by the City Council. The City Clerk may sell printed copies of said Code at the cost established by the City Council. Section B. General Penalt The doing of any act prohibited or eclared to be unlawful or an of- fense by said Code of Ordinances, or the omission or failure to perform any act or duty required by said Code, shall, unless another penalty is spe- cified, be punishable by a fine in a sum not exceeding one hundred dollars ($100.00) or imprison- ment not to exceed thirty (30) days. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in this Code provided for violation thereof. Section 9. Repeal. All ordinances or parts of ordinances in conflict herewith are repealed. Section 10. Effective Date. This ordinance consisting of Sections 1 through 10, inclusive, adopting the proposed Code of Ordinances of the City of Iowa City, Iowa, heretofore filed in the office of the City Clerk of the City of Iowa City, Iowa, consisting of Chapters 1 through 35 and including codes adopted by reference and all subdivisions of the same and further including that.schedule of four (4) changes from the printed text of Chapters 1 through 35 file -stamped by the City Clerk and dated July 28, 1978, the same being designated as the "Code of Ordinances, City of Iowa City, Iowa," is in full force and effect from and after the passage and publication of this ordinance, according to law, and the "Code of Ordinances, City of Iowa City, Iowa," shall be in full -force and effect from and after November 1, 1978. Ordinance No. 78-2918 Page 5 Passed and adopted this 5th day of September, 1978. %� ROBERT A. VEVERA, M YUK ATTEST: l� BBI STOLUS, ITY ERK Ordinance No. 78-2918 Page 6 It was moved by Balmer and seconded byt at the Ordinance be a opte , an upon ro call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera First consideration August 22, 1978 Vote for passage: Ayes: Roberts, Vevera, Balmer, deProsse, Erdahl, Neuhauser. Nays: none. Absent: Perret. Second consideration Moved by Balmer, seconded by Perret, 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 A r,.M' roi XPPR070 LO T second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera. Nays: none. A ;7J TO KIM IT MAY COMM: The following departures from the printed text of the advance copy of the Code of Ordinances are before the City Council for consideration at the public hearing: 1. Section 2-1. The Department of Community Development shall now be called the Department of Planning and Program Development, to be headed by a Director of Planning and Program Development. 2. Chapter 4, Airports. Section 3.22.10 of the present code, omitted in the advance copy of the new code, is hereby included as if set out in full in the new code. 3. Section 24-101(3) The first sentence should read "The storage of obsolete motor vehicles or junk vehicles." 4. Section 25-152. Text should read: No vehicle shall cross a yellow lane marker line at any time when such line appears on the right side of the center line or when the center line is com- posed of a double yellow line. This section shall not be construed to prohibit the crossing of the center line when making a left turn into or from a street, alley, private road or driveway. JUL2 81978 `' ABBIE STOLFUS CITY CLERK A Z`% ' �• CIVIC CENWA CITY E. WA U240 ON 5T. � K&'7�- IOWA CITY 52210 OIYae1-i B00 STATE OF IOWA ) JOHIISO14 COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2918 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 5th day of September , 1978 all as the same appears of record in my office and pub fished in the Press Citizen on the 9th day of September , 1978 Dated at Iowa City, Iowa, this 6th day of November , 1978 Abbie Stolfus, C t Clerk OFFICIAL PUBLICATION. I 'ORDINANCE NO. 70.2918 a AN .06 To C0Dl FI CATION OF ALL i OR [g1Y, Of IOWA CITY, IOWA-. Of A BE NATURE OR IMPOSING A FINE OR PE ING CODES ANDMRS ADOPTED BY 'R OFFICIAL CODE OF THE C}TV OF I AS PROVIDED FOR AND PLR TO TO C E OF IOWA; PROYIDIcq, r uR INE `I AND CeJ1pp ':CODE; .REPEALING TIL 0 N f57D10 IWCES OF A40tRAL OR PE gA PRE OR 61ST k R130f Y LTY. TH PASS PRIG IN RID CODE O 9, THOSE NOT C AIMED FORCE BY CODE OR EEC BpeylU GONTIN © IN i09CE BY REFERENCE THERE) VIOING PENALTIES POP TWE VIOLATION OF THE SEVERAL SEC- TIONS THEREOF; AMC PRESCRIBING.. THE TIME WHEN THIS ORDINANCE SHALL BE 1N FULL FORCE AND EFFECT. Pursuant to Resolution No. 78-334 adopted by the City Council of the city of Iowa City, Iowa, on the 25th day of duly; 1978, the City Clerk was Ordered to publish notice that a heeridg would be held in the City CouncilChambersof are City Hall at 7130 P.M. on the Bch day of August. 1978, on tiff prLPosal to adopt a Code of Ordimnces. I So' Mice was duty publ isheo in''the. lova City c Pres a -Citizen on the 29th day of July, 1978, as required by Section 362.3 of the Code of Iowa. the City Cquncil then determined that the se id proposed Code of Ordinance% should he adopted as now filed and did then on the Ste day of 'iC "paw 197 B, adept Ordinance He. 78-2958 adopt , sat? Ordinances as prowl e n Section 380.9 Of the Code of lows. IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Cecil 1. Cade Of"Ordleances Ado . The cprope&l.oQe oTSdi lances of the City of Iowa City. Iowa, printed by the)Wnicipal Code Corpora- tion, Tallahassee, Florida. heretofore filed In Cha office of the City Clerk of the City. of Iowa City, Iowa, consisting of Chapters 1 through 35 and Including references to Codes adoptedby. reference and further including that schedule of four ,(4).changes from the printed text of Chapters I through 35 file -stamped by the City Clerk and dated July 28, 1978, a Copy of which is attached hereto and Incorporated herein by reference the same as If set out in full herein, iv hereby adopted as the "Code of Ordinances, City of Iowa I Ci ty..Iowa. " Section 2. Ordinances ReClad. "I ordinances o t OTTO ty a pZgly, low, or a gooeraland i permanent nature, enacted on or before August 9, 1977and not contained in said Code or recognized and curtinued in force by references therein are hereby repealed from and after the effecflw data of said Code. except as breinafter provided. Section 3. Effect of eel; ar 1 noes 9Bved. Thee repel prow a P at an 'Feat s all net affect; any of thi}fallawing;. (a) Any offense or,aCi•,,,rr,,,��TTyy''C�pa{br any Welty OF forfeiture �l ORurlCarM' def) contract Or ni g1testabli.hcd Or accruing before the ef.- faceive date of said CBae; (b) Anynrdl lance promising dr guaranteeing the, payment of F=q to or fron the City. br autabrizing the issuance of any. bonds Or other evidence of Indebtedness; (c) Any,appropriatlon or budgetore o; d) AnyaQrdinance establishing the nsation of any city officer or employee; The recall provided for by. Section 2 hereof shall not beicOns[rued to reviveny brdli�Ma or part thereof that has Dean repealed by a subsequent ordinanu which is repealed by thi s Ordinance. The above enumeration of extortions shall not No .. lheld Or decree t0 be exclust ve, it being the purpose and intention of till protozoon to exclude from reFeel .any and all ordinances net of a gen- eral. nature. Section 4, Severabilit of provisions. Each c aiin any an a su v saons of said. Code Hereby adopted, is independent of every other Chapter and subdivtsl01 thereof, and :the invalid- Ity of any chapter or subdivision thereof, shall not 1Malidate any other chapter or Subdiv(dan hereof. Isectia I. Of�ficl �l GO . The City Clerk shall attach to the officio ico DY of the. totleof Ortlin- ances'hereby adapted and attached hereto, Ms official certificate 11wing ,in adoption and .the effective de to thereof, and shall retain the said c ,copy and certificate an file in this office where c co Pias of the care shall be subJect W public inspection, and for sale at cost to the public. Section 6 Amendments, Any additions Or emend - rents to this C�wTien. adopted as artlinances or resOTut)Ons amending this Code test which indicate the Intention of the Council t0 make the sane a part hereof shall be deemed to be Incorporated in , this Code so that -a reference to the Code of Ordinances, .City of Iowa City, Iowa, shall be understood to include them. Section 7. Olstrlbution of Co fes. All printed copies of the o e. shall epos ted with the City Clerk. He. shall deliver tori es of the Code - Ito all departments of the city Administration as directed by the City. Council. The City Clerk tray sell printed copies of saidCode at the post 'established by the City Council. Section B. General Penalt The doing of any act jprchTbTFed or declared to be unlawful or an of- fense by said Code of Ordinances, or the emission der failure to perfOcmany act Or duty required by said. Code, shall: uhless another pedalty isspe- Ictfted, be punishable by a fine in a sum set exceeding he hundred dollars ($100.00) or ic'prison- 'ment not to exceed thirty (30) days. The penalty I herein provided shall be cumulative with and in additiob to the revocation; cancellation Or 'forfeiture of any license or permit elsewhere. in ,this Code provided for violation thereof. Section 9. ReR aaaI All artlinances or parts of brTnanC2s in ` nii,ict herewith are repealed. - Section 0. Effective' Date. This ordinance ednsi st ng of Sections Itthreuggh Ia. incl Oilse, i adopting the proposed Code of OMinortes of the City. of Iowa City, Iowa, heretofore filed in the office of the City Clerk of the City of Iowa City, . Iowa. consisting of Chapters I through 35 aad including Codes idopteo by reference and all subdivisions of thesame and further Including that schedule of four (4) chances from the ,printed text of Chapters 1 through 35 file -stamped by the City Clerk and &red July 28. 19M. the also, being I designated as the hCode of Ordinances. City of 10. city, lava;" Is in full force and effect iron andafter the passage and publication of this ordinance, according to law, and the "Code of Ordinances. City of Iowa City, Iowa," shall be in full force and effect from and after November 1, I 1978. • �I Passed and adopted this 5th day of September, 1978. (e) Anycontrattdr obl iga$10O assured by theI / 0� i City; / � R (f) Any Ordinance relating to the purchase, ATTEST: AB rfF ) cnMevunance acquisition or dedication of T L property for public use; tg) Any ordinance dedicating, establishing, �, Septembilr9,19781 Opening,. reopening, naming, renaming, wId- i -' ------'— ening..narrowing or vacating any street. boulevard, avenue, alley or other public way, Including rights-of-way; OFFICIAL PUBLICATION j (h)' .Any ordinance establishing or changing ted grade or centerline of any street.. avenue. ! boulevard, trafficway Or other public by; I (i) Any ordinance. authorizing, directing or 170 WHOM IT MAY CIS II: I othewlso relating to any public iMmw rents; (J) Any ordinance creatingsewer districts Or districts for public impmveeents of any kind .The fellwbryldepertures fre, the printed toot of the or nature. advance Copyiof the Code of Ordinances are before the (k) Any ordinance establishing or changing the i City Counci for consideration at the Public hearing: limits of the City or pertaining to consolida- tions, 1 Settler, 24. The Oe a y annexations Or exclusions: p ,trent Of Coneunit Devel- (1) Any. ordinance levying general or special I.cemwt shall now, Me called the and of Planning taxes Or special assessments; ,;and Program Development. to be headed. by a, Director of Planning and Program Development_ i (m). Any ordinance granting pensions for retired ' '2. Chapter 4, At rports. Section 3.22.10 of the officers and employees; lipresent aide, witfed'tn the advance copy. of the w (n) Any ordinance granting any right, prlvilege, code, iskyreby included as. if set out in full in easement or franchise to any person. firm Or the need e0 e. Corporation. not inconsistent with such Code 4, ' (0) Any Coning Ordinance; of amendment Of the3. Section 24-101(3) The first sentence Should City's zoning ma P; I read The storage of obsolete motor. vehicles or clunk (p) Ordinances prescribing traffic regulations vehicles." ..» .- for specific streets or areas, not incen- ' - sistent with such Code, such as ordinances 14. Section 25-152. Text shooltl ret d: - dejignaMng one-way streets arterial high- _ ways, through streets, stop Intersections or NO vehicle shall cross a yeliw lane market, Intersections where traffic is to be Con-7.1ne at any tl me when such line appears On the trolled by Canals and ordinances DrOh lbit- right aide of the. center Itne or when the Ing, restricting limiting or othemise center Time Is .,a ad of a double ye1Jw� regulating the stepping. standing or parking line. This section shall not be Construed of vehicles on specific streets or in specific' to prohibit the crossing of the center line i areas; who making a left turn into Or from a (0) Any ordinance or resolution establishing Istreet, alley, Private road or drlyway. Z. rates and charges for any utility services not inconsistent with this Code; September 9. 191, (r) Any ordinance which, by Its awn Dorms, Ox- --- Rl,es after a specified time, or w the ' prescribed date; (s) Any ordinance enacted on or after August 9. 1 1977. _ - Printers fee $-4 /O CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, gs: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA,CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said �� paper � times, on the following dates: ' If � r Cashier Subscribed and sworn to before me this day %o�'fSE QAD.1�99 Notary Public No. /a sf/17 -d Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS. CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper times, on the following dates: c I Cashier Subscribed and sworn to before me, this o�G day of�`'eQ''�'�M A.D�.19�lf0 Notary Public No. /-0 %W7 ORDINANCE NO. 78-2919 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R1A to CO ZONE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of RIA Zone and the boundaries of as indicated upon the Zoning Map of t e City o Iowa City, Iowa, shall be enlarged to include the following property, to -wit: All that part of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 35, Township 80 North, and of the Northeast Quarter (NE 1/4) of the Northeast Quarter'(NE 1/4) of Section 2, Township 79 North, all in Range 6 West of the 5th P.M., which lies South of Interstate 80 and North of Iowa Highway #1, excepting therefrom the following described tracts: A tract of about ten acres occupied by the Howard Johnson Motor Lodge and described as follows: Commencing at the Southeast corner of Section 35, Township 80 North, Range 6 West of the 5th P.M., thence North 02 degrees 21 minutes 25 seconds West 64.91 feet to a point on the southerly right-of-way line of Interstate Highway #80, which is the point of beginning; thence South 64 degrees 58 minutes East 296.40 feet along said southerly right-of-way line, thence South 33 degrees 57 minutes 50 seconds West 445.10 feet along the northwesterly right- of-way line of Iowa Highway No. 1, thence South 57 degrees 03 minutes 30 seconds West 695.50 feet along said northwesterly right-of-way line, thence North 32 degrees 56 minutes 30 seconds West 175 feet to a 725 -foot radius curve concave southwesterly, thence Northwesterly along said curve 195.88 feet to a point which lies North 40 degrees 40 minutes 54 seconds west 195.28 feet of the last -described point, thence North 33 degrees 26 minutes 23 seconds East 852.45 feet to the southerly right-of-way line of Interstate Highway #80, thence South 72 degrees 10 minutes 19 seconds East along said southerly right-of-way line 103.22 feet, thence South 64 degrees 58 minutes 00 seconds East along said right-of-way line 240.85 feet to the point of beginning, except commencing 115 feet West and 20 feet North of the Southeast corner, of said Section 35, thence North 01 degrees 19 minutes 35 seconds East 40 feet, thence North 88 degrees 40 minutes 25 seconds West 10 feet, thence South 01 degrees 19 minutes 35 seconds West 40 feet, thence South 88 degrees 40 minutes 25 seconds East 10 feet to the place of beginning, and Received & Approved By The legal Deparhnent 9 -iL - 7F //2 «iJS` Ordinance No. 78-2919 Page 2 A tract of about two acres occupied by the Texaco station and described as follows: Commencing at the Northeast corner of Section 2, Township 79 North, Range 6 West of the 5th P.M., thence South 0 degrees 09 minutes 23 seconds West along the East line of said Section 2, 431.43 feet to the northwesterly right- of-way of Iowa Highway #1, thence South 57 degrees 03 minutes 30 seconds West along said northwesterly right-of-way 695.50 feet to the point of beginning; from said point of beginning, thence South 57 degrees 03 minutes 30 seconds West along said northwesterly right-of-way 275 feet, thence North 32 de5rees 56 minutes 30 seconds West 323.84 feet, thence North 57 degrees 03 minutes 30 seconds East 259.56 feet, thence southeasterly on a 725 -foot radius curve concave southwesterly, 149.92 feet to a point which lies South 38 degrees 51 minutes 57 seconds East 149.66 feet of the last -described point, thence South 32 degrees 56 minutes 30 seconds East 175 feet to the point of beginning. Also beginning at a point 115 feet West and 20 feet North of the Southeast corner of Section 35, Township 80 North, Range 6'West of the 5th P.M., thence North 01 degrees 19 minutes 35 seconds East 40 feet, thence North 88 degrees 40 minutes 25 seconds West 10 feet, thence South 01 degrees 19 minutes 35 seconds West 40 feet, thence South 88 degrees 40 minutes 25 seconds East 10 feet to the point of beginning, and A tract of,about one-half acres occupied by the Shive Engineering Company and described as follows: Commencing at the Northeast corner of Section 2, Township 79 North, Range 6 West of the 5th P.M., thence South 0 degrees 09 minutes 23 seconds West 431.43 feet along the East line of the Northeast Quarter of said Section 2 to a point of 'intersection with the northwesterly right-of- way line of Iowa State Highway No. 1, thence South 57 degrees 03 minutes 30 seconds West 660.5 feet along the northwesterly right-of-way line of said Highway, thence North 32 degrees 56 minutes 30 seconds West 175.0 feet along the northeasterly right-of-way line of a road to the point of beginning of a 760.0 foot radius curve concave southwesterly, thence -7-7z Ordinance No. 78-2919 Page 3 northwesterly 209.71 feet along said curve and along said road to the point of beginning of the tract herein described; from said point of beginning thence northwesterly 120.57 feet along a 358.04 foot radius curve concave southwesterly, said arc being subtended by a 120.0 foot chord bearing North 58 degrees 29 minutes 47 seconds West, thence North 33 degrees 26 minutes 23 seconds East 200.0 feet, thence South 58 degrees 29 minutes 47 seconds East 120.0 feet, thence South 33 degrees 26 minutes 23 seconds West 200.0 feet to the point of beginning. (West of State Highway 1, west of EJ Corp., common- ly known as Howard Johnson's, & south of I-80.) as requested by Hawkeye Real Estate Investment Co. Section 2. The building inspector is hereby author- ized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. Passed and approved this 12th day of September, 1978. ATTEST: " CITY1 K ,177 Ordinance No. 78-2919 Page 4 It was moved by Balmer and seconded by Neuhauser that the Or Hance be adopted, an upon ro ca there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x__ Neuhauser x Perret x __ Roberts x _ Vevera 1st consideration: Moved by Balmer, seconded by Neuhauser, that the rule requiring that ordinances must 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, that the first consideration and vote be waived, and that the second consideration and vote for pass- age be given at this time. Motion carried, 7/0. Ayes: deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer. Nays: none. 2nd consideration: 9/5/78 Vote for passage: Ayes: Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse. Nays: none. K414�/� . /yCIVIC C IOWA I Y. E. WASHINGTON ST. 1 e 4� IOWA CITY. IOWA S2i10 w 310-35/-1900 STATE OF IOWA ) SS JOHIISO14 COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2919 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 12th day of September , 1978 , all as the same appears of recorT in my office and published in the Press Citizen on the 29th day of September , 1978 Dated at Iowa City, Iowa, this 3rd day of January , 1979 �I L Abbie Stolfus, C ty Clerk— A traCtof about two acres occupied by the Tex- ' •ace station and described as follows: l 2. Township 79 North, Range 6 West of the Sth . P.M., theme South 0 degrees 09 minutes 23 seconds West along the East line of Bald Section 2, 431.43 fest to the northwesterly right-of-way of i Iowa Highway No. 1, thence: South 57 degrees 03 feet to a curve concave southwesterly, esIA992 51 1 legit to a. point which Ilea Saum 38 tlegrees 51 Printers fee $� SKA CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, SS: THE IOWA CITY PRESS•CITIZEN I Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is he to attached, was published in said paper -itW times, on the following Subscribed and sworn to before me this . f0 day of C Q 701 Frt A..D.19 %f% No. Notary Public I minutes 57 seconds East 149.66 feet of the last- descrlbed point, thence South 32 degrees 56 minutes 30 seconds East 175 feet to the point of beginning. Also beginning at a point 115 feet West' and 2D feet North of the Southeast corner of Sec-� OFFICIAL PUBLICATION tion 35, Township 80 North, Range 6 West of the Sm P.M., thence North 01 degrees 19 minutes 35 ORDINANCE NO. 711 19 seconds East 40 feet, thence North 88 degrees AO •minutes 25 seconds West 10 feet, thence South 07' AN ORDINANCE Alit NDING �ON ING (degrees 19 minutes 35 seconds West 40 feet, ORDINANCE 2MA HANGI GTHE USE REGULATION50F CERTAIN thence South 88 degrees M minutes 25 seconds; East 10feet tothe polntof beginning,. and PROPERTY FROM R1Ato CO ZONE A tract of about one-half acres occupled'by the BE IT ORDAINED BY THE CITY COUNCIL Shiva Engineering Company and described as OFTHECITYOF IOWACITY, IOWA: follows: Section 1. The property described below Is hereby reclassified from its present class)/Ica I' I Commencing at the Northeast cornerof Sectioni tion of RIA Zoneand the boundaries of CO Zone 2, Township 79 North, Range 6 West of the SM as Indicated upon the Zoning Map of the City of P.M., thence South 0 degrees 09 minutes 23 Iowa City, Iowa, shall be enlarged to include the l (words West 437.43 fail the East line of Ma following property, to -wit: Northeast Quarter of said Section 2 to a point of Intersection with the northwesterly right-of-way NO that part of the Southeast Quarter (SEW) of line of Iowa State H Ighway No. 1, thence SCUM 57 they Southeast.%Quarter (SETA) of Section 35, degrees 03 minutes 30wands West 660.5 feet Township 80 North, and of Me Northeast Quarter (NEIA) of the Northeast Quarter (NEI/4)' of Sec- along the northwesterly right-of-way lino of said Highway, Menge North 32 degrees 56 minutes 30 tion 2, Township zz North, all In Range 6 West of seconds West 175.0 feet along the northeasterly 1 the 5th P.M., Which Iles South of Interalate80 and right-of-way line of a road to the point of beginn. North of Iowa Highway No. 1, excepting Ing of a 760.0 foot radius curve concave {therefrom the following described tracts: southwesterly, thence northwesterly' 209,71 feet) f along said curve and along said road to the point l I A tract of aboutten acres occupled by the of beginning of the tract herein described: from + Howard Johnson Motor Lodge and described as said point of beginning Meme northwesterly 1 follows: - i 120.57 feet along a 358.04 foot radius curve con- cave southwesterly, sold arc being subtemed by I Commencing at the 500theastcartler of Section ( a 120.0 foot chord bearing North, SO. degrees 29. 35, Township 80 North, Range.6 West of the 5th minutes Al seconds West, thence North 33Cegrees theme North 02 degrees 21 minutes 25 26 minutes 23 seconds East 200.0 feet, thence 'P.M., seconds West 64.91 feet to a point on the southerly South S8 degrees 29 minutes A7 seconds East 120.0 right-of-way' Ince of Interstate Highway Np 8app whlcn is the pppp��ar of beginning; thence South 6/ feet, thence South 33 degrees 26 minutes 23 setons West 200.0 feet to the paint of beginning. tlegrees. Sit r,sh9ltes East 296.40 feet along said ( (West of State Highway 1, west of EJ .Corp., southerly rlgm-of-way line, thence South 33 1. commonly known as Howard Johnson's,. 6 south degrees 57 minutes S0 seconds West 445.10 feet ( of 1-00.) along the northwesterly right-of-way line of Iowa as requested by Hawkeye Real Estate Invest. Highway No. 1,. thence South 57 degrees 03 minutes 30, seconds West 69530 feel along said I meth Co. Section 2. The building Inspector Is hereby - -- li authorized and directed to Change the Zoning Map at The City of Iowa City, Iowa,to conform to northwesterly right-of-way line, thence North 32 1 this amendment upon the final passage, approval degrees 56 minutes 30 seconds West 175 feet to a and publication of this Ordinance as provided by 725 -foot radius curve concave Southwesterly, 195.88 feet 1, law, I Section 3. The City ClerkIs. hereby authorized thence Northwester)y' to a point which Iles Nalong said curve orth 40 degrees 40 minutes +' and directed to certify a copy of this Ordinance to 54 West 195.28 feet of the last -described the County Recorder of Johnson County, Iowa, seconds point, theme North 33 degrees 26 minutes 23 ( upon final passage, approval and publicationas seconds East 852.45 feet to the southerly right -of. I provided bylaw. line of Interstate Highway No. 80, thence) Passed and approved this 12th day of way South 72' degrees 10 minutes 19 seconds East September, 1978. said exitheriy rightof-way line. 103.22 feet, I I -s-ROBERT A. VEVE RA along thence SqUith 64. degrees SB minutes 00seconds MAYOR j East alp eight -of -way line 240.85 feet to the! ATTEST: -s-VICKI J. BRE 1, 115 feet. DEPUTY CITY CLERK , paint of ning, except commencing West and i North of the Southeast corner, ofl' (SEAL OF IOWA CITY, IOWA) sm esection M. Mance North 01 degrees 19 .---Selaternber.29,.197B ---- _ A traCtof about two acres occupied by the Tex- ' •ace station and described as follows: l 2. Township 79 North, Range 6 West of the Sth . P.M., theme South 0 degrees 09 minutes 23 seconds West along the East line of Bald Section 2, 431.43 fest to the northwesterly right-of-way of i Iowa Highway No. 1, thence: South 57 degrees 03 feet to a curve concave southwesterly, esIA992 51 1 legit to a. point which Ilea Saum 38 tlegrees 51 Printers fee $� SKA CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, SS: THE IOWA CITY PRESS•CITIZEN I Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is he to attached, was published in said paper -itW times, on the following Subscribed and sworn to before me this . f0 day of C Q 701 Frt A..D.19 %f% No. Notary Public I ORDINANCE NO. 78-2920 AN ORDINANCE AMENDING THE ZONING PROVISIONS OF THE MUNICIPAL CODE (ORDINANCE NO. 2238 ) BY ESTABLISHING PROVISIONS FOR FAMILY CARE FACILITIES FOR CERTAIN ZONING CLASSIFICATIONS WITHIN THE CITY OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this ordinance is to provide for the health, welfare and safety of the people of Iowa City by establishing provis- ions for the establishment of family care facilities in single family residential districts. SECTION 2. AMENDMENT. The provisions of the Zoning Code Ordinance No. 2238 ) are hereby amended by the inclusion of the following: 8.10.3A.2a AGED. Any person who is eligible because of age to receive old age benefits under Title II of the Social Security Act. 8.10.3A.21a DEVELOPMENTALLY DISABLED. Any person who has a disability attributable to mental retarda- tion, cerebral palsy, epilepsy, autism, or another similar neurological condition, which disability originates before such in- dividual attains age eighteen, and which con- stitutes a substantial.impairment expected to be long -continued and indefinite dura- tion. 8.10.3A.28a FAMILY CARE FACILITY. A governmentally li- censed or approved facility which provides resident services in a dwelling unit to six or fewer individuals who are not related to the family household. These individuals are developmentally disabled or aged, in need of adult supervision, and are provided service and such supervision in accordance with their individual needs. RECF,IVED & APPROVED EY TIM L%GAL D POTWEIM .2"7? ORD. N. 78-2920 Page Q 8.10.7.A. Family care facilities. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provis- ion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted this ROBERT A. VEVERA, MAYOR ATTEST: L.ct,EiV ,BhC/ VICKI J. BREI, DEPUTY CITY CLERK ;- I Ordinance No. 78-2920 Page It was moved by Neuhauser and seconded by Perret , that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration: Moved by Neuhauser, seconded by Roberts, that the rule requiring that ordinances must 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, that the first consideration and vote be waived, and that the second considera- tion and vote for passage be given at this time. Motion carried, 7/0. Ayes: Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse, Erdahl. Nays: none. 2nd consideration: 9/5/78 Vote for passage: Ayes: Perret, Roberts, Vevera, Balmer, deProsse, Erdahl, Neuhauser. Nays: none. c2 9/ �• `/ny/j//�/ CIVIC CENTER. HO E. WASHINGTON ST. IOWACITY. IOWA 52140 319-354-1800 STATE OF IOWA ) JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2920 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 1 2th day ofSeptember 1978 , all as the same appears of rector in my office and published in the Press Citizen on the 22nd day of September , 19 78 Dated at Iowa City, Iowa, this 6th day of November , 1978 i Abbie Stolfus, C y Cler Printers fee $ z CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper_ times, on the following dates: 7 Cashier Subscribed and sworn to before me this` dayoo�f`Su y �`�� A.D.19 71 . Notary Public No.L7V,r OFFICIAL PUBLICATION • opUbANE N6.'.)e-292o All OA*IW a AMENDING THE 711NINB pINOWSIONS OF THE MINICIPAL WE (DROINANCE W.BY ESTABLISHING - IIA�ppYWISIONS FOR 22e9 CARE FACILITIES FOR CWYAIN ZONING CLASSIFICATIONS' WITHIN THE CITY OF IOWA CITY, IOWA. 15ECYIDN Y. PORmSE. The purpose 0 this drdlnance s pmy TOr a Health, welfare and safety not the Mae of Iowa City by estibiishUg provis- i ,ions for t� establishsent of Emily un facilities. lin single faoily residential districts.. 'SECTION 2. AMENDMENT , The visions a she Zoning nonce 73IR ere hereby a endW by Ne 1Mlusian of'the a ng: 8.10:3A:1a AGED. Any person wbu is eligible because of , age to retain old age benefits under Title 11 of the Social Security Act. 8.10:3A.TL OEVELODNENTALLY DISABLED. Aro person who has a disability attributable to •ental mU da - tion, cerebral palsy. epileppsy, autlsa, or another siadlar rouro1011tal condition• which disability originates before such in- dividual attains aye alyyhtean• and which con- stiWtas a substantial taoalmenf, expected to be loig-continued and indefinite dura- tion. 8.20.3A.Z% 1 FAMILY CARE FACILITY. A gcverrrntally If- cemad or approvad facility which prwioes ^ residentservices in a dwelling unit W six or fewer individuals wbu an hot related to the fmily housebold. These tuiiv_iduals are deniopewntally disabled or aged. in reed of AWL supervision, and an provided service Ind such supervision in acmAance with their individual roads. 8.10:7.0.. 7. Finally un facilities. SECTION 3. REPEALER. All ordinances and parts of pr naM—e n bun ct win the provision of this ordinance aro herebyrepealed. I SECTION a. SEVERABILITY. If asection• provis- on or part o N nance she be adjudged td be invalid or unconsti Wt5pm1, such adjudtration shell not affect the validity of the, Grainance as A whole or any section, provision or part thereof i not adjudged invalid. or unconstitational. SECTION S. EFFECTIVE GATE. YMi Ordinance shall n e tt a ler tml passage• approval and publication As rpufred by Lw. I Passed and Adopted this 12th day of Septenter, 1978.. ROBERT If�r�- , ATTEST: tads' O 8Ru VICRI J. B E1, DEPUTY CITY CLERK • Beptembeq 71..1978 I ORDINANCE NO. 78-2921 AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF IOWA CITY, IOWA, BY ADDING SPECIAL CONDITIONS FOR ELDERLY HOUSING IN THE CBS ZONE TO SECTION 8.10.19. SECTION I. PURPOSE. The purpose of this amendment is to provide specific regulations for Elderly Housing in the CBS zone. SECTION II. AMENDMENT. Section 8.10.19. II is hereby amended by adding the following: USE SPECIFIC CONDITIONS ZONES Elderly Housing 1. The minimum lot CBS area per dwelling unit shall be 300 square feet. 2. No front, rear or side yard shall be required. 3. A building for elderly housing may be located on the same lot with one or more buildings with a use which provides a service to the elderly (such as but not limited to recreational and medical facilities), provided that the buildings, if sepa- rated, shall be separated by a minimum horizontal distance equal to one of the following: a. the height of the highest building; b. eight (8) feet plus two (2) feet for each additional story above the second story, provided that no window of a dwelling unit is located on the side next to the adjacent building below the height of the building; or c. two (2) times the height of the adjacent building above the window sill of any window of a dwelling unit located on the side next to the adjacent ASS prdinance No. 78-2921 Page 2 building. (see figure below) The distance shall in no case be less than ei ht (8) feet plus two (23 feet for each story above the second story. In addition, the above conditions (a), (b), or (c) shall apply to a building for elderly housing and a building on an abutting lot. &Pt,eL %/ I / ADTRCE'17 //ousWG I i (3ultD/XG 13uILD/N4 � � 5. One parking space shall be provided on the site or with- in 300 feet thereof for every two dwelling units. 6. All the provisions required for a use in the CBS zone shall be applicable except that the above conditions shall apply in all cases when there is a conflict. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, pro- vision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted thisl9th day of September 1978. 0 R. BALMER, MAYOR PRO TEM ATTEST: 1/ZC,F._ - Q. J3K£i VICKI J. BREI, DEPUTY CITY CLERK �y3 Ordinance No. 78-2921 It was moved by Perret and Page 3 seconded by Erdahl t at t e Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration: 9/12/78 Vote for Passage: Ayes: Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse. Nays: none. 2nd consideration: Moved by Perret, seconded by deProsse, 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 second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Neuhauser, Perret, Roberts, Balmer, deProsse, Erdahl. Nays: none. Absent: Vevera. RECEIVED & APPRCVFD BX .TRE LEGAL DEPARTMENT ,F -7-7F /9? age i CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 53240 K4r 012-05/1900 ED STATE OF IOWA SS JOH14S011 COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2921 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 19th day of September , 1978 , all as the same appears of record -In my office and pub fishedin the Press Citizen on the 26th day of September , 1978 Dated at Iowa City, Iowa, this 3rd day of January 1979 i CUL 1 Abbie Stolfus, ciTy Cler Printersfee;4�L2 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESSCITMEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper - times, on the following dates: \ r Cashier Subscribed and sworn to before me this day of O'�-' 7�''6�A.DD.1199��'�. Notary Public No.mom -OFFICIAL 1IMICATION_ ,ORDINANCE ND'. ]&2921 AN ORDINANCE. AMENDING THE 2gUM(,CODE Of THE,C/1Y. OF-IMA.'CtTr, Igiq>B9"ADDING M. SPECIAL,, COhbIT1DNS FOR ELDERLY HOUSING tits it US ZONE TO SECTION S. 10, 19. SECtlON Ay RORPOSE. The purpose far41s amendment s :pr _ e spec fir regulations fal Elderly Nursing' -0n the {BS. acre. s r 3ECTIDN I1. AMENDMENT. Section &10:19. if WE V SPECIFIC CONDITIONS. .ZONES Elderly HDusin9 1. The minimum lot CBS, area per dwel l in, unit. shallbe 3OD " sguare feet. 2. No front, rear or side yard shall be, required. - 3. a, the height, of the highest Wilding; IN. ei99ht,(R) feet Plus two (2) Seet"for each additional story above the second sorry, provided that m I ndowpf a dwellingunit is located d on the side next to the -adjacent Lufldin below the height of the Wilding; or c. two (2) times theheight of ,the adjecaftbuilding above ' the window x11) of any'window of a &m1lln9 unit located "on j the side. next 0 .the adjacent 1 build(see„figure W1. 11�e distance shall I in M case be less than erghP,.(B). feet, plus two. (2)fee[ for ea<n story above the second story. In additfon. the above t ? ool .sitinrs (a).(b); or 1 ,Idhall apply to -a ! tiunding-for elderly Housing :and a building 1 on an abutting lot. RDS1MtMr •NoomN6 �i-1 Buj1iIM6 Barltafw5f i 2 S. Cne'Wrking spats shall be I provided on .the site or with - In 300 feet thereof for every .two dwelling units. ' 6. Ali the provisions required fora use In the US Isere shall ae applicable except that the abova. condition: shell Apply in all axes ' when, them. is a conflict. SECTION 111. PEpE9LER. All ordirancerod Delta of qp�/ T ane, Tn ,—.,7TTOL with the provisions of this ordinance Irl hMreby Y.Pealed.. SECTION IV. SEVERABILITY If any section. pm - ,V s on or par[ o t {ace hal I'be adjudged. N be im,.I d A, .. titutional, 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 shell n e. ec aper is nal passage, approval add. publication as requi red: by law. I Passed no adopted this 19thday of September ISM 0.. BALMER. M VOR: Pdp T� ATTEST:, ' VICCI'..J; B0. ... V�iy CI'17�CCE7fK September 26,. 1979. ORDINANCE NO. 78-2922 AN ORDINANCE VACATING STREETS WITHIN THE URBAN RENEWAL PROJECT AREA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. Section 1. That the streets in Iowa City be and t epi same are hereby vacated. 1. The East 20 feet of the Capitol Street right- of-way from a point 195.57 feet north of the north right-of-way line of Burlington Street, to the south right-of-way line of Washington Street, Original Town, Iowa City, Johnson County, Iowa. 2. The South 20 feet of the Washington Street right-of-way from a point 20 feet west of the east right-of-way line of Capitol Street extended, to a point 210 feet east thereof, Original Town, Iowa City, Johnson County, Iowa. Section 2. If any section, provision or part of tis rFnance 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 3. This Ordinance shall be in effect after itsPinaT passage, approval and publication as required by law. Passed and approved this 19th day of September, 1978. JOHN R. BALMER, MAYOR PRO TEM ATTEST: L/ '�� VICKI J. BREI, DEPUTY CITY CLERK $ECEIPED & 9.PPEr.71 Iz M2 INIAL DEPar..L NT i Ordinance No. 78-2922 Page 2 It was moved by Neuhauser and seconded by Perret , that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration: 9/5/78 Vote for passage: des: Vevera, Balmer, deProsse, Erdahl. Neuhauser, Perret, Roberts. Nays: none. 2nd consideration: 9/12/78 Vote for passages deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer. Nays: none. -2QA CIVIC CENTER, 410 E WASHINGTON 5T. IOWA CITY, IOWA 52240 K147 919.7541800 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78_2922 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 19th day of September , 1978 , all as the same appears of recor n my office and published in the Press Citizen on the 26th day of September , 19 78 Dated at Iowa City, Iowa, this 3rd day of January , 19799_. CU -t L4 A ie StolfusA ie Stolfus, C;ty I Printers fee I CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper_ times, on the following dates: r \ f Cashier Subscribed and sworn to before me this S day of G 7_1"6 f A.D. 19 � Notary Public No. d OFFICIAL PUBLICATION - ORDNANCE NO. 18-2922 ANgRBINANCE VACATING STREETS WITHIN THE URBAN RENEWAL PROJECT AKA .I BE IT ORDAINED BY THE CITY COUNCIL OF THE MY OF INA CITY. INA. Section 1. That the streets in lova City be and tl�are hereby Vacated. 1. The East 20 feet of the Capitol Street right- of-way from a paint 195.57 feet north of the north: right-of-way line M Burlingtoe Street, to Ne spun rtgbt-of-way line of Washington Street, Original Town, lox city. Johnson County, Iowa. 2: The South 20 feet of the ushington Street right-of-way from point 20 feet west of the east right-of-way lire of Capitol p Street extended, to .point 210 feet east thereof, Origl OAl Town, Iwo City, Johnson i .County. low.. Section 2, If any section; prevision or part of t-Fis -OZGmnce shall be adjud,b0to be Invalid or unconstitutional, such aQu"..t6w shall Not affect ne valid ty of Ne Orel runes ass whole ort any section, prpvisian or part tharso�not adjudged Invalid or unconstitutional Section J'This Ordinance shall be to affect after it`s `FMT passage. approval and publfcation as re9uired by lev. Passed and approved this 19th day of SeptmOer, 1978. j N A. �E ,,MAYOR P80 TEM ATtEbi: j VICKI J. BREl . DEPUTY CITY September 26, 1978 1 ` I I 1 C� i„ i J j ORDINANCE NO. 78-2923 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIA TO R2 ZONE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of RIA Zone and the boundaries of R2 Zone as in iicated upon the Zoning Map of t e City o Iowa City, Iowa, shall be enlarged to include the following property, to -wit: Commencing at the northeast corner of the southwest quarter of the northeast quarter of Section 17, Township 79 north, Range 6 west of the'5th principal meridian; thence south 1060,00' on the east line of the southwest quarter of the northeast quarter of said Section 17, being also the east right-of-way line of Emerald Street; thence N 880 29' 00" W 66.02' to the West right-of-way line of Emerald Street and the point of beginning; thence south 218.60' on said right-of- way line; thence southwesterly 23.86' on said right - of way line on a 15' radius curve concave northwesterly whose chord bears S 450 34' 30" W 21.42' to the north right-of-way line of West Benton Street; thence N 880 51' 00" W 205.95' on said right-of-way line; thence N 000 05' 30" W 235.34'; thence S 880 29' 00" E 221.68' to the point of beginning. Said tract contain- ing 1.19 acres (Kingdom Subdivision) as requested by Jehovah's Witnesses. Section 2. The building inspector is hereby author- ized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. Passed and approved this 26thhdday of September, 1978. JYOR ATTEST: MA T L•RC Ordinance No. 78-2923 Page 2 It was moved by Balmer and seconded by Neuhauser that the Ordinance be adopted, and upon roll ca there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration: 9/12/78 Vote for passage: Ayes: deProsse, Erdahl, Neuhauser, Perret Roberts, Vevera, Balmer. Nays: none. 2nd consideration: 9/19/78 Vote for passage: Ayes: Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts. Nays: None Absent: Vevera K44rCIVIC CENTER IID E. WASHINGTON 5T. /,/// ~ # IOWA 10-36 -18 52210 /!�/////�/ 71D3E1-11W STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2923 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 26th day of September , 19 78 all as the same appears of record n my office and published in the Press Citizen on the 5th day of October , 1978 Dated at Iowa City, Iowa, this 3rd day of January , 19 79 Abbie Stolfus, Fity Clerk V b Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is h�e yto�attached, was published in said paperf f — times, on the following dates: Cashier Subscribed and sworn to before me tthis' S dayof A.D. 19_f)—. Notary Public Lsfl MART41A M. MEYER k MY COMMISSION EXPIRES SEPTEMBER 30, 1979 OFFICIAL PUBLICATION .ORD] NANCE NO. 78.2923 AN OROTWNCE 4f ENING ZONING ORDINANCE 2238 BY CKANGING THE USE REGULATIONS Of CERTAIN PROPERTY FROM FIA TO. R2 ZONE BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY OF IOW CITY, IOWA: Cecilia, 1. the property described Dela is hereby recl.i0fied fret its present classification of RIA Zone and the eaundarles of qp ���� as a upon the Zadlry Nap of [Tieifll4� of loan City, laNa, shell be enlarged M. Include We follaing property. t .ltm Fo�escl�g at the northeast corner of the southatat quarter o/ the .,".at quarter of Section 17, Teanship 79 north, Range 6 nest of the So principal viridlan; thence south 1060.00' on the east line of the touchiest quarter of the northeast Vcarter of said Section 17, being also the east rigght-of-say line of Emerald Skx Street. thee1M 080 29' 00° W 66.02' , Ma West right-ofw lift of Ease -.4d Street end the polo Of beginntrg; thence sqult. 216.60- an sold right-af- say line; theme aativat teriy 23.E6' On mid right - Of Hay, line an a 15''radlus carve concave nrehrsf.nv zel. t0 toe point of beginAi N. Said tract contaln- 4g. 1! 9 acres (Kingdom Subdivision) as rlydosped by Jehovah's Witnesses. seeti 2. The building Inspector is'hereby author- ited pdd directed to cMe,e at Lining Nap of the City -of Iaa city. las, W'befpT tp this . eod- Mob upon the final Fessaggee approval and publication of this Ordinance asprow ldedDy. lay. Section 3. The City Clerk is hereby authorized and I Ybrlcted M certify a toDY of Mtn Ordinance to the Ea bit Receroker of Johnson County, Ise, upon final jassage, approval and publication as provided by IV. Passed end approved. this 26th day of Seotrmber, 1978. it , ATTEST: October 5,. 1978 ORDINANCE NO. 78-2924 AN ORDINANCE AMENDING ORDINANCE NO. 2238 BY REGULATING THE LOCATION OF ADULT BUSINESSES IN IOWA CITY BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this Ordinance is to regulate the location of adult businesses in Iowa City. SECTION 2. AMENDMEMr. Section 8.10.12.A of the Municipal Code of Iowa, City is here- by amended by adding the following section: 11. Adult businesses, such as massage parlors and establish- ments which feature nude dancers or models. Such establishments may not be located within 500 feet of a tavern or similar establishment or another adult business. SECTION 3. REPEALER. ER. All other ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby re- pealed. SECTION 4. SAVINGS CLAUSE. In the event any section, provision, or part of this Ordinance shall be adjudged by any court of canpetent jurisdiction 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 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 3 1 day of 1978. MAYOR Wr MIA / I /MIA o Ordinance No. 78-2924 Page 2. It was moved by Neuhauser and seconded by Balmer that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration9 19 78 Ayes: Perret, Roberts, Balmer, Vote for passage: a rosse, Erdahl, Neuhauser. Nays: None. Absent:.Vevera 2nd consideration 9/26/78 Vote for passage: Ayes: Vevera, Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts. Nays: none. & APPR04ED BY '1H L ----.AL LEPARTMIAT 5=41- 7115XIZI M �• `/��/j//jam,/ /S''`/�'�"� CIVIC CENTER. CITY E. WASHINGTON52240ST. r � V^� V � KI ' IOWA CRK IOWA Si7�0 319-3e4 +eoo STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2924 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 3rd day of October , 19 78 , all as the same appears of record in my office and pub fished in the Press Citizen on the 12th day of October , 1978 Dated at Iowa City, Iowa, this 3rd day of January 1979 Abbie� Stolfus, City Clerk Printers fee;eg � / CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is he oo attached, was published in said paper JLdI� — des, on the following dates: r Cashier Subscribed and sworn to before me this of \V bh.1 7 A.D. 19—'a_ No Public NoA_LL 1 �'s :. t IdkkTIP;A M Mr,)'ER MY CGNiMCi510N EXPIRES SEPTEMnER 30, 19-19 OFEICNIL PUBLICATION , I OImINANCe. NO. 784924 i AN MMM AWTIIW, CImINA = N0. 2238 Hy ftt(tIIRf'II'70 dlII+ IfICATIUi CF ADOLT H6II� IN IOAA CITY uE TT ENAcno zY T1s CPN CO[mm m IMA Cr1Y, IOWA. AlI&B�. Tbo puaslxe Of Lois RM -1 s t4. mgnl&to the l tiro of ,AA' husinossae to Iowa City SEI,TIQi 2. A16III'NLY'L. Seotloo 8.10.12.A oY Walcipa of Iwo City W bete-. by emended, by adding the follwioZ sevt£oo: I I 11.. Atlult bustnroces, such,ae . —, parlors and eetebll amts ahfch foatum vnde tlangera or models. Such establishments oai' not be located within. 500 feet of a tavam or elm 1aa' eslahlislm®L ar amtber o' A t , business.. �lSl(ki 3. Akvyeixm. All other olrtlnwcea or parte of Oitlinmces Sn conflict pith Lha I pmvielme of this. �^_•,••^ aze hetebY m- I pealed. i .'CION 4. MVRM C1d6s. Io tho evaot aW ' shall be adjudged by mart of of raPeteotc 3urisdlctim to be invalid or �titutionnl, such odludiwtim. shall ort affect the Validity I of the Ordonce o8 a atnlo, or any sactiao,. pmv]s1m or Parc torof not odjudged =valid or InICOa4titut100N. P M1,101 5. serecrlvE DATE: Thle Ordlnanes M1,10 be— jn �SyyCeG BEMs fiml.pyAaa approval and Wb:icatim os re9ulrW bye-lrew�. � PAsed and approval this day of 1478. r 11 ATCI3P.:a I, CIIF1nc - October 17,1978 ORDINANCE NO. 78-2925 AN ORDINANCE TO AMEND ORDINANCE NO. 77-2859 WHICH ADOPTED THE UNIFORM BUILDING CODE STANDARDS, 1976 EDITION AND SUBJECT TO CERTAIN AMENDMENTS. BE IT ENACTED BY THE City Council of the City of Iowa City, Iowa. SECTION 1. PURPOSE. The purpose of this ordinance is to amend Section 1305(a) and Section 1405(a) of the Uniform Building Code, 1976 Edition, by reducing the minimum size requirement for windows in kitchen. SECTION 2. AMENDMENT. The 1976 Edition of the Uniform Building Code is amended as follows: 1. Section 1305(a) is hereby amended to read as follows: LIGHT AND VENTILATION. All guest rooms, dormi- tories and habitable rooms within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not less than one-tenth of the floor area of such rooms with a minimum of 10 square feet. All bedrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than one -twentieth of the floor area of such rooms with a minimum of 1' square feet. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of openable exterior openings with an area of not less than one - twentieth of the floor area of such rooms with a minimum of 5 square feet. In lieu of required exterior openings for natural ventilation, a mechanical ventilating system may be provided. Such system shall be capable of providing two air changes per hour in all guest rooms, dormitories, habitable rooms, and in public � y� Ord. # 78-2925 Page 2 corridors. One-fifth of the air supply shall be taken from the outside. In bathrooms, water closet compartments, laundry rooms, and similar rooms a mechanical ventilation system connected directly to the outside, capable of providing five air changes per hour, shall be provided. For the purpose of determining light and ventila- tion requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room of 25 square feet, whichever is greater. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building. EXCEPTION #1: Required windows may open into a roofed porch where the porch: A. Abuts a street, yard, or court; and B. Has a ceiling height of not less than 7 feet; and C. Has the longer side at least 65 percent open and unobstructed. EXCEPTION #2: Kitchens may be provided with natural light by means of exterior glazed openings with an area not less than 3% of the floor area of such rooms with a minimum of 3 square feet provided that a mechanical ventilation system capable of providing two air changes per hour and artificial lighting is provided. 2. Section 1405(a) is hereby amended to read as follows: LIGHT AND VENTILATION. All guest rooms, dorm- itories, and habitable rooms within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not less than one-tenth of the floor area of such rooms with a minimum of 10 square feet. All bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than one -twentieth of the floor area of such rooms with a minimum of A square feet. 1:27i -L' Ord. # 78-2925 Page 3 All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of openable exterior openings with an area of not less than one - twentieth of the floor area of such rooms with a minimum of 5 square feet. In lieu of required exterior openings for natural ventilation, a mechanical ventilating system may be provided. Such system shall be capable of providing two air changes per hour in all guest rooms, dormitories, habitable rooms, and in public corridors. One-fifth of the air supply shall be taken from the outside. In bathrooms, water closet compartments, laundry rooms, and similar rooms a mechanical ventilation system connected directly to the outside, capable of providing five air changes per hour, shall be provided. For the purpose of determining light and ven- tilation requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unob- structed and provides an opening of not less than one-tenth of the floor area of the interior room or 25 square feet, whichever is greater. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building. EXCEPTION #1: Required windows may open into a roofed porch where the porch: A. Abuts a street, yard, or court; and B. Has a ceiling height of not less than 7 feet; and C. Has the longer side at least 65 percent oper and unobstructed. EXCEPTION #2: Kitchens may be provided with natural light by means of exterior glazed openings with an area not less than 3% of the floor area of such rooms with a minimum of 3 square feet, provided that a mechanical ventilation system capable of providing two air changes per hour and artificial lighting is provided. q3 Ord. # 78-2925 Page 4 SECTION 3. SEVERABILITY. If any section, pro- vision or part—o tie Frdinance 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, provision or part thereof not adjudged invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This ordinance shall be in effect afterT l passage, approval and publication as required by law. Passed and approved this 3aOA21a�' October 1978. MAYOR ATTEST: kA CITY CLERK asy Ord. # 78-2925 Page 5 It was moved by deProsse and seconded by Neuhauser that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera First consideration 9/19/78 Vote for passage: Ayes: Balmer, deProsse, Neuhauser, Roberts. Nays: Erdahl, Perret. Absent: Vevera. Second consideration 9/26/78 Vote for passage: Ayes: Roberts, Vevera, Balmer, deProsse, Neuhauser. Nays: Erdahl, Perret. EECEIVO X APPROVED $x THE LEGAL DEPARTMENT f2 i S'- 7r lly o29s� • //f{��J//, CIVIC CENTER. 110 E. WA 52240 ON 5T. K147 IOWA CITY. IOWA 52210 319 354 18W STATE OF IOWA ) SS JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2925 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 4th day of October , 19 78, all as the same appears of record in my office and pub ishedin the Press Citizen on the 12th day of October , 19 78 Dated at Iowa City, Iowa, this 3rd day of January , 19 79 Abbie Stolfus, City Clerk ORDINANCE N0. 78-2925 AH DINDINANCE TO AMEND ORDINANCE M. 77-2859 WIN ADOPTED THE UNIFORM BUILDING CODE STANDARDS, 1976 EDITION AND SUB.IECT TO CERTAIN AMENDMENTS. BE IT ENACTED BY THE City Council of the City of Idea City, Iowa. iSECTION 1. PURPOSE. Iu purpose of this Ordinance is W mend IRTion 1305(a) and Section 1405(a) of jthe Uniform Building Coda. 1976 Edition, by ireducing the minim size requirement for Yindpws in kitchelt. ISECTION 2. AMENDMENT. The 1976 Edition of the 'Uniform Build niptod7e s mendedasfollows: 1. Section 1305(a) is hereby mended W read i as follows: , For the purpose of determining light and ventila- tion requirements, any rom say be coosidermd as a portion of an adjoining room When one-half of the area of to common wall is open and unobstructed and provides an Opening of not less than one-tenth. of the floor area of the interior row of 25 square fast, Whichever is greater. closet compartment., laundry room and similar ' rots shall G provided with natural ventilation by jeans 01 opensele exterior openings with an area ` ZZ lest than, onrteentieth of the floor area of y -such. room with a mihieu Of 14 square fest. 1 All guest roes, dormitories and habitable room within a dolling unitsmall u provided with t natural ventilation by mans df damnable exterior' Openings with an arm of not less then one- , twentieth of the floor area of such roods with a minim of'5'square feet. n In lieu of required exterior "rings for natural ventilation, Ymchanical vent"Ating system ea, be provided. Such system shall. be capable of prove ding. ar,. air change, pat' Mur in all guest room, dormitories, habitable, room, and in public corridors. gNe-fitth of tba air supply shall be taken frog the outside. In bathrooms, water closet caaoarteents, laundry rodas, and similar room a ahchanical ventilation system connected directly m the outside, capable of providing five air charges per hour, shall be provided. LIGHT AND VENTILATION. All guest ropes„ dormi- tortes and babitable rows within a Melling unit shall u provided with natural light bymans of exterior glazed opening,. with an area not less than ome-tenth of the floor area of such roods With a minimum of 10 Were fast. All_bedr_ows, water 1 Required exterior openings for natural light and I ventilation.' shall' open directly onto a street or public alley or a yard or court located on the sae lot as the building. Printers fee 5 �/ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is he t ttached, was published in said paper times, on the fallowing dates ORS Cashier Subscribed and sworn to before me this.2_!�_i_ day of A.D. 10-- otary Public Now."A) - .. sz.cwna..esan ti m aRkRtl^J?�M MEYER u(PIRFS fi Tfh dL7 i0 IgI EXCEPTION P1; Required windows may open into a I reefed porch where the porch: A. Abuts a street, yard, or court; and B. Has a ceiling eight of pot,less than 7 fed; and C. Has the longer side at least 65 percent open. I and Unobstructed. I EXCEPTION 02: Kitchens may be provided with natural light by mans of exterior glazed openings with an area not less tun 3% of the floor area of such rom. with a minimum of 3 square feet provided that a mechanical ventilation system capable of providing two air changes. per hour and artificial lighting is provided. 2. Section 3405(a) is hereby mended to read as follows: LIGHT AND 'VENTILATION. All guest roans, done itories, and.habitable rooms within a Melling unit I shall be provided withnatural light by mans of f exterior glazed openings with an area not less than ..re -tenth of the floor area of such rooms with a minimum of 10 square. feet. All, bathrooms, water closet compartments, laundry rooms and similar I. rooms shall be provided with natural ventilation by ' mans of operable exterior openings with an area not less than one -twentieth of the floor area Of such rooms with a minimum of Iy square feet. All guest rows, dormitories and habitable nems within a Halling Unit shall be provided with natural ventilation by mans of Weasels exterior openings with an area of not less than onr twentieth of thefloor area of such 'rows with a ninl nue of 5 square feet. n In lieu of required exterior openings for natural ventilation, a mchanical ventilating system may be provided. -Such .y.taW shall be capable of providing ten air changes par hour in all guest rooms, dormitories, habitable rows, and In public I corridors. one-fifth of the air supply Shan' M taken free the outside. In bathroems, Water closet ' compartment., laundry rooms, and similar rooms a N mechanical ventilation system connected directly: to I the outside. .,Able of provldi ng five air changes I per hour, shall be provided. For the purpose of detarmininq light and ven- tilation requirements, any room my be considered i as a portion of an adjoining room When one-half of I the area of thecommon wall is open and upoo- i at, Ucced and provides an opening of not less than one-tenth of the floor area of the interior room or 25 square feet, whichever is greater. Required exterior openings for naWral light and I ventilation shall open directly onto a street or public alley or a yard or court located on the ram lot as the building, EXCEPTION 61: Required windows Way open into a roofed porch Where the porch: k Abuts a street, yard, or court; and B. Has a ceiling height of not. less. than 7 feet; and C. Has the longer side at least 65 percent open and unobstructed. EXCEPTION 42: Kitchens may be provided with natural light by means of exterior glazed openings with an area not less than 3% of the floor area of such rooms witha minimum of 3 square feet, provided that a mechanical ventilation system capable of providing two air changes per hour and artificial lighting is provided. SECTION 3. SEVERABILTTY: If any section, pro- vision Or par-1o%7—twhe Trdinsece, shall u adjudged to u invalid or unconstitutional, such adjudlca- ' tion snail met affect the validity of the Ordinance as a Whole or any section, provision or Part thereof not adjudged invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This ordinance shall ` be in effect a ter�it —I' al passage, approval and p ubl icati on as required by lam. Passed and approved this 4th f tobmr 1978 OR October 12,1971 ORDINANCE NO. 78-2926 AN ORDINANCE AMENDING SECTION 3.06.1E(1) AND (2) OF THE MUNICIPAL CODE OF IOWA CITY BY AMENDING THE BOUNDARIES OF FIRE ZONES 1 AND 2. SECTION I. PURPOSE. The purpose of this ordinance is to amend the present boundaries of Fire Zones 1 and 2 by changing Blocks 83 and 84 of the original town from Fire Zone 1 to Fire Zone 2. SECTION II. AMENDMENT. Section 3.06.1E(1) of the Municipal Code of Iowa City is hereby amended to read as follows: Fire Zone No. 1 shall include all that portion of the City of Iowa City, Iowa zoned as CB (Central Business Zone), except Blocks 83 and 84 of the Original Town. Section 3.06.1E(2) is hereby amended to read as follows: 2. Fire Zone No. 2 shall include all that portion of the City of Iowa City, Iowa, zoned as follows: CB (Central Business Zone - only Blocks 83 and 84). C1 (Local Commercial Zone) CH (Highway Commercial Zone) C2 (Commercial Zone) R3B (Multi -Family Residence Zone) M1 (Light Industrial Zone) M2 (Heavy Industrial Zone) IP (Industrial Park Zone) PC (Planned Commercial Zone) 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 Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. ';W Ordinance No. ,--2926 Passed and approved this 17th day of October, 1978. MAYOR ATTEST: CITY CLERK Page 2 It was moved by Balmer , and seconded by deProsse that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration 10/3/78 Vote for passage: yes: Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera. Nays: none. Second consideration 10/10/78 Vote for passage: Ayes: Perret, Roberts, Vevera, Balmer, Erdahl, Neuhauser. Nays: none. Absent: deProsse. RECEIVED DFPBRTMENT R$, 20LEG 977 K4(/CIVIC CENTER. n0 E. WA 52240TON ST. p' �1/ ~ # IOWA CITY. IOWA 52110 /—Jv///r 71Y-7614!00 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2926 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 171day of October 19�, all as the same appears of recor in my office and published in the Press Citizen on the 25th day of October , 19 78 Dated at Iowa City, Iowa, this 3rd day of January 1979 Abbie Stolfus, City Clerk Printers fee $ 1,30 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is he t ttached, was published in said paper times, on the following dates: Cashier Subscribed and sworn to before me this 3� day ofd������k A.D. i��"IFti7"oa�� Notary Public No. OFFICIAL PUBLICATION ORDINANCE NO.7e-3936 AN ORDINANCE AMENDING SECTION SOME (1) AND (3) OF THE -MUNICIPAL CODE OF IOWA CITY BY AMEE14DJmy THE BOUNDARIES OF FIREZONES1AND3.i SECTION '1. PURPOS'E.. The purpose of this- ardlnanca It to amead.the presenthounder[" of Fire, Zones 1 and t by changing SlockS 83 and ae of the original tarmfrom Fire Zone Ito Flre ZOne3. i SECTION IL AMENDMENT. Section 3.06.1E (1) Of( the Municipal Cade&'Iowa City 15 hereby amended to, readasfWms: 1. Fire Zone No: 1 shall Include all that portion ofttt the City of Iowa City, Iowa zoned as CS (Central! r Business Zone), except Block' 93 and ee of thel Original Town. I Section 3.06.1E(2) is hereby amended to reed 46l Mows: 3. Fire Zone No. 3 shall Include all that portion of the Clry of Iowa City, Iowa, zoned as follosys: CB ([antral Business Zone — only Blocks 63 and ordinances and the provision of If any section, tot affect the validity of 1N Or as a or any tecflon, praylSlaa Of f not in, limailip ann tsaagtr9YM, al antl r deyw Odryba7,1W5. ATTEST:—S—AbbleSlolfpS r City Clerk October 8_19711; ORDINANCE NO. 78-2927 AN ORDINANCE TO AMEND ORDINANCE NO. 77-2859 WHICH ADOPTED THE UNIFORM BUILDING CODE STANDARDS, 1976 EDITION AND THE UNIFORM BUILDING CODE, 1976 EDITION SUBJECT TO CERTAIN AMENDMENTS. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this amendment is to modify the requirement that a covered mall building be surrounded by streets, alleys or public space on four sides. SECTION II. AMENDMENTS. Chapter 11 of the Appendix of the 1976 Edition of the Uniform Building Code is hereby amended as follows: 1. Section 1111(a) is hereby amended by adding the following paragraph: The area of a covered mall building of one or two stories shall not be limited if the building is surrounded and adjoined by public space, streets or yards not less than 60 feet in width on three sides. 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, pro- vision or part of the ordinance shall be adjudged to be invalid or unconstitutional, such adjudi- cation shall not affect the validity of the ord- inance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 17th day of October, 1978. ATTEST: Ord. No. 78-2927 Page 2 It was moved by Balmer and seconded by Neuhauser that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera First consideration 10/3/78 Vote for passage: yes: deProsse-, Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer. Nays: none. Second consideration 10/10/78 Vote for passage: yes: Roberts, Vevera, Balmer, Erdahl, Neuhauser, Perret. Nays: none. Absent: deProsse. ,UcR14ED & 9Pp`ir' n L, DFTiu, a:: `:T UM LDGA y9 �• `/nj////�'/ CIVIC CENTER, CITY, I WASHINGTON 5T. V IOWA CITY. IOWA 51210 919351-1800 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78- 2927 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 17th day of October , 19 78 all as the same appears of recorT7n my office and publishedin the Press Citizen on the 25th day of October , 1978 Dated at Iowa City, Iowa, this 3rd day of January , 19 79 Ab ie Stolfus, C tyaClerk Printers fee;�,LZ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS- CITIZEN, RESSCITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper aQtimes, on the following datesW Cashier Subscribed and sworn to before me'ths yi3� day of 0C'71 Q A.D.19. Notary Public No.as OFFICIAL PUBLICATION` ORDINANCE He 78-2927 AN ORDINANCE TO AMEND ORDINANCE NO, 77-.2859 WHICH.. ADOPTED THE UMIFORM BUILDING WDC STANDARDS, 1976 EDITION AND THE UNIFORM BUILDING CODE, 1976 EDITION SUB.IECT TO CERTAIN' AMENDMENTS. BE IT ENACTED. BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTIM T. PURPOSE. The purpose of this amendment is to modify the requirementthat a covered mall building be surroundedby streets, alleys or public spate an Your sides. SECTION 11. AMENDMENTS. y Chapter 11 of the ApendiA of me lor the Uniform Building Code. is hereby ameMed as lgllus: 1. Section 1111(a) is hereby. ;&;ended' by adding P the follwi, paragraph: „ The area of a covered mall bulldi my of one or thio stories shall. trot be limited If the I building is adrrouhdad end. adjoined by public aPese, streets or yards .not lass than 60 -feet 1a. MIdth on three sides. SECTION III REPEALER. All ordinances and parts 0f Ordinances in Conflict With Xomm vr proNan Of this ordinance are hereby r1pealed. SECTION TV. SEVERABILITY. If any section, pro- vision or part of tae ordnance shall be adjudged to be Invalid or unconstitutional, such edjudi- 'cation shall not affect the validity of thAPrd- inance as a whole or any sectldn, provision or part thereof act adjudged Incl id do uncanoditutlonel. SECTION V. EFFECTIVE ATE. This ordinance shall Ibis in effect afterIt-s-73—nal passage, approval and publication as required bY'law. v' V Passed and, approved V►1 sj17 'day of October, 1978. 4(e ///1 Y R ATTEST: Lt CITY R October 25,1978 - . ORDINANCE NO 78-2928 AN ORDINANCE GRANTING A BROADBAND TELE03MMUNICATIONS FRANCHISE TO PERMIT THE CONSTRUCTION, INSTAI, LATION, MAINTENANCE OR OPERATION WITHIN OR ON ANY PUBLIC SIR EET OR OTHM PUBLIC PROPERTY OF THE CITY, OF EQUIPMENT AND FACILITIES FOR THE DISTRIBUTION OF SIGNALS OVER A BROADBAND TELECOMMUNICATIONS NETWORK TO THE CITIZENS OF IO{YA CITY, IOWA. SECTION 1. This ordinance grants a 15 year non- exclusive franchise to operate a broadband telecommunications network to one or more franchise holders to be selected by the City Council of Iowa City following an election to be held on November 28, 1978. The franchise or franchises granted shall, as set forth below, be subject to the pro- visions of Ordinance No. 78-2917 (the Broad- band Telecommunications Enabling Franchise Ordinance.) SECTION 2. The City Council of Iowa City reserves the right to refuse to select a franchise holder if such refusal is subse- quently deemed to be in the public interest. SECTION 3. The franchise shall be subject to all of the following: a.) Ordinance No. 78-2917 (the Broadband Telecommunication Enabling Franchise Ordinance, b.) The terms of the franchise applicant's proposal of September 29, 1978 submitted by the franchise applicant where the terms of the proposal do not conflict with or modify the provisions of Ordinance No. 78-2917. In instances where the terms outlined in the proposal are in conflict with or modify the provisions of Ordinance No. 78-2917, the provisions of Ordinance No. 78-2917 shall apply. c.) All promises and commitments whether oral or written, made by the franchise applicant, its officers, agents or employees prior to the approval of the franchise by the city voters and the city council. Such promises and crnmitments shall be deemed to be terms of the franchise and subject to the regulatory, administrative and other pro- visions of Ordinance No. 78-2917. .A Ordinance No. 78-2928 Page 2 SECTION 4. Effective Date. This Ordinance shall be in effect after its final passage, publication as required by law, and approval by the voters of Iowa City as provided by law. Passed and adopted this 17th day of October , 1978. Robust A. Vevera, Mayor Attest: Abbie Stolfusj City Clerk It was moved by Erdahl and seconded by Perret that the ordinance as read be adopted and upon roll call there were: x Balmer x DeProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration Moved by Erdahl, seconded by Perret, that Vote for passage: the rule requiring ordinances to be con- sidered and voted on for passage at two 2nd consideration Council meetings prior to the meeting at Vote for passage: which it is to be finally passed be sus- pended, the first and second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer. Nays: none. RECEIVED & APPROVED BY THE LEGAL DEYARTXWT, a.YAM( 31l �• /_//,^//JJ/(// CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY. IOWA 52240 MR -354-111M STATE OF IOWA SS JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2928 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 17th day of October , 1978 all as the same appears of record in my office and publishedin the Press Citizen on the 26th day of October , 19 78 Dated at Iowa City, Iowa, this 3rd day of January 1979 Abbie Stolfus, CitY Clerk Printers fee $ Z'L '� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRFSS CITMEN I, Vift J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS- C1TlK[Q, a newspaper, published in said County, and that a notice, a printed copy of which is ha to attached, was published in said paper times, on the following dates: / L f Cashier Subscribed and sworn to before me thisL.P/ day of ��c ��$ A.D. 19 7' . � G Notary Public No. -/v9 ys� (� OFFICIAL PUBLICATION [ ORDINANCE 76-2928 1 ' AN OImnU= CHANCING A MUAp9AM1 ' TTZ="MICATIOW FRAM la TO PEBVIT TAE Nt+8f101 JM, INf IATION, xviz EVAN OR M=TlW )7rI11IN OA M ANY I9ffi,iC 8TI0£t M CMIt P Ic bF Mm CITY, OF 17a1 �tNGIFAMUTIM FYi 1101 niffmi8 jf or t91m\ CJ A EId1AT8AhD Tt2iTf} uircrlaQ hcTAQiK.M TIM cTFZllw'9 W IM'I CITY, FQI@l. EECfION 1. This Ordipavice grants a 15 >uar nnn- exclsslve frceftlEo to opOrate a brosdtultd teleoimunications netwprK to one or iol franchise holders to. be euisot ,1 by the City Council of Iovn City following an election to be, held on iNuvrober 29, 1978. The franchise or franchises granted st.11. es set fOrth below, be subject to the pro- visioos.Of Ordinance No. 78-2917 (ths, Bread- t turd--Tslecau®tications. Fnsbliag F,cochiee Ordinance.) .SECTION 2. Tice City Council of lan City reserves the right to. re£ese to,select a franchis0 Imidor if such refu9 1 is ;subs- aoently tlL'91Yd to be le the public interest. B ICN 2. The flonchise shall he subject W all of the follovic,; ' a.). CrdicL ooe 1b. 7E-2917 (the Woody red-Telecommmication Enabling Free hiec Ordinance, b.), The toms of the franchise applicant's PtWosrl of Septcr r 29. 3078 submitted by the franchise oMliaant uta theto. of the proposal.M not txmflldt with or modify the provisioOs of omnis co NO. 78-2917. Ia icelocCQ -be. tis L1. -MG outlined in the prop l aro in carfllcyi with Or mdilfy the. PMv Ona of Ordlna[xi•' No. 98-2017, the provisions of Ordinonc0 NO. 79-2017 anuli apply. e.) All pmNsco end Orcotments whether otnl or written, made by the franchise applicant, its officers, agLnte or ccilwore prior tothe approval of the franchise by the city voters and the city camcil. ech promise and cmoltrents sholl be dxs2d W be Lemic of the frmcbim and subject to the regulatory, adrd,1Mmt1vc. end oiler pro- v 10os of O dinseW No. 78-2917. =IQ` 9. Effective Date. This CrlL . shall b, in effect after its final psasage, Publication m rsPirod by law, and'owroval by the voters of faro City as.Provido8 by law. Pissed and adopted tbls 170,. tlay of fetcher, ! ]978, a r �j �roYcr Fabart—�zt�ra• ttest: Sro1x ci` ty cTOM' i October 2&1978 ORDINANCE NO. 78-2929 AN ORDINANCE AMENDING ORDINANCE NO. 77-2835 BY CHANGING THE MAXIMUM SPEED LIMIT UPON CERTAIN STREETS IN IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of the City of Iowa City by establishing a reasonable speed limit upon a portion of Gilbert Street south of its intersection with Highway 6 in Iowa City, Iowa. SECTION 2. AMENDMENT. Section 6.07.02 shall be amended to include the following: Gilbert St. - 25 MPH - From the intersection with Highway 6 to a point 2,100 feet south of said intersection. Gilbert St. - 35 MPH - From a point 2,100 feet south of the intersection with Highway 6 to a point 3,900 feet south from said intersection. SECTION 3. SEVERABILITY. If any section, pro- vision or part of the ordinance shall be adjudged to be invlid 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 4. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted this 24th day of October, 1978. ROBERT A. VEVERA, MAYOR 1 ATTEST: A BIE STOLIFUS, CIT CLERK Ordinance No. 78-292 Page 2 It was moved by Perret and seconded by Neuhauser that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera First consideration 10/10/78 Vote for passage: yes: Neuhauser, Perret, Roberts, Vevera, Balmer, Erdahl. Nays: none. Absent: deProsse. Second consideration 10/18/78 Vote for passage: yes: Vevera, a mer, deProsse, Erdahl, Neuhauser, Perret, Roberts. Nays: none. 363 CIVIC CENTER, 170 E. WASHINGTON ST. f * K IOWA CITU. IOWA 51110 61~ �/1� 3I9-351-1100 STATE OF IOWA SS JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2929 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the _-_24th day of October , 1978 , all as the same appears of ie- orT7n my office and publishedin the Press Citizen on the 1st day of November , 19 78 Dated at Iowa City, Iowa, this 3rd day of January , 19 79 j rllz"o , j ILI A C ie Stol us, y Clerk Printers fee $ 1 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper Z",Q times, on the following da _7A,avek /" --f-- Cashier Subscribed and sworn to before me this day of N o V e" k A.D. 19 7: . i• Notary Public No.°95/x7 9 OFFICIAL PUBLICATION ORDINANCE .NO. *2YM AN ORDINANCE AMENDING ORDINANCE NO. 77- .2835 BY CHANGING THE MAXIMUM SPEED ,LIMIT UPON CERTAIN STREETS IN IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this Ordinance Is to provide for the health; sefery„and general welfare of the cltlnm of the City of Iowa City y establishing a reasonable speed limit upon a portion of Gilbert Street South of Its Intersection with Highway 6 to Iowa City, Iowa. SECTION 1, AMENDMENT. Stolon 6.07,07 shall' be amended to Include the following: Gilbert SL —25 MPH — From the Intersection With Highway a to a point 2,180 feet south of Said Intersection. Gilbert St. — 35 MPH —. From a point 7,100 NO South of the Intersection with Highway to a point 3,900 feet South from said Intersectlon. SECTION 3. SEVERABILITY. If any section,, I__...._..... ennI not affect the validityof tet ordinance U a whole or :any section, Provision or Part thereof Not adludged Invalid or umonstfutulonal. SECTION 1. EFFECTIVE DATE. This ordinance shall be In effect after Its flndlPassage, approval and publication as required by. law. , 1 Passed and adopted this 24th day of October, 197a, —s— Robert A. 118V#%a Mayor !ATTEST:—s--Ahgie SMlfus CIry Clark _ November 1,1975_ ORDINANCE NO. 78-2930 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R1ATO RIB &R2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of R1A and the boundaries of R16 as indicated upon the Zoning Map of t e City of— Iowa City, Iowa, shall be enlarged to include the following property, to -wit: Commencing as a point of reference at the Northeast corner of the Northwest quarter of Section 23, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; thence South 10 39' 10" East 375.40 feet to a point of intersection with centerline Station 222 + 12.6 of U.S. Highway 96 Bypass (this is an assumed bearing for purposes of this description only); thence South 00 Ol' 03" East 150.00 feet to a point; thence North 890 27' 44" East 50.00 feet to a point of intersection with the easterly right-of-way line of Sycamore Street, said point being 150.00 feet normally distant from the centerline of said U.S. Highway 96 Bypass; thence South 00 01' 03" East 403.07 feet along said easterly right-of-way line of Sycamore Street to a point; thence South 890 58' S7" West 15.00 feet along said easterly right-of-way line of Sycamore Street to a point; thence South 00 01' 03" East 246.93 feet along said easterly right-of-way line of Sycamore Street to a point; thence North 890 58' 57" East 200.00 feet to point beginning of tract herein described; thence South 00 O1' 03" East 200.00 feet to a point of intersection with the northerly line of Mount Prospect Addition Part 3, Iowa City, Iowa; thence South 590 58' 00" East 135.00 feet along said northerly line of Mount Prospect Addition Part 3 to a point; thence North 840 25' 10" East 135.00 feet along said northerly line of Mount Prospect Addition Part 3 to a point; thence North 870 55' 20" East 268.00 feet along said northerly line of Mount Prospect Addition Part 3 to a point; thence North 880 59' 27" East 263.00 feet along said northerly line of Mount Prospect Addition Part 3 to a point; thence North 00 O1' 08" East 480.00 feet along the westerly line of said Mount Prospect Addition Part 3 to a point; thence South 880 59' 27" West 125.00 feet to a point; thence South 340 23' 02" West 79.72 feet to a point; thence South 880 59' 27" West 120.00 feet to a goint; thence South 00 Ol' 08" West 96.00 feet to a point; thence South 81 56' 00" West 319.00 feet to a point; thence South 550 37' 23" West 51.36 feet to a point; thence South 890 58' 57" West 134.00 feet to.point of beginning; and containing 6.2 acres, more or less. Raccived & 6tng7ov'2d By The Legal Departmznt ��y Ordinance No. 78-2930 Page 2 In addition, the property described below is hereby reclassified from its present classification of R1A and the boundaries of R2 as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: Commencing as a point of reference at the Northeast corner of the Northwest quarter of Section 23, Township 70 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; thence South 10 39' 10" East 375.40 feet to a point of intersection with the centerline station 222 + 12.6 of U.S. Highway d6 Bypass (this is an assumed bearing for purpose of this description only); thence South 00 01' 03" East 150.00 feet to a point; thence North 890 27' 44" East 50.00 feet to a point of intersection with the easterly right-of-way line of Sycamore Street, said point being 150.00 feet normally distant from the centerline of said U.S. Highway d6 Bypass and point of beginning of tract herein described; thence South 00 O1' 03" East 403.07 feet along said easterly right-of-way line of Sycamore Street to a point; thence South 890 58' 57" West 15.00 feet along said easterly right-of-way line of Sycamore Street to a point; thence South 00 01' 03" East 246,93 feet along said easterly right-of-way line of Sycamore Street to a point; thence North 890 58' 57" East 334.00 feet to a point; thence North 550 37' 23" East 51.36 feet to a point; thence North 810 56' 00" East 319.00 feet to a point; thence North 00 O1' 08" East 96.00 feet to a point; thence North 880 59' 27" East 120.00 feet to a point; thence North 340 23' 02" East 79.72 feet to a point; thence North 880 59' 27" East 125.00 feet to the Northwest corner of Lot 157, Mount Prospect Addition Part 3, Iowa City, Iowa; thence North 880 59' 27" East 125.00 feet along the northerly line of said Mount Prospect Addition Part 3 to a point; thence North 140 51' 23" East 128.00 feet along said northerly line of Mount Prospect Addition Part 3 to a point; thence South 520 51' 00" East 50.00 feet along said northerly line of Mount Prospect Addition Part 3 to a point; thence North 240 28' 04" East 150.00 feet along said northerly line of Mount Prospect Addition Part 3 to point of intersection with the southerly right-of-way line of said U.S. Highway d6 Bypass; thence Northwesterly 140.51 feet along a 2,715 foot radius curve concave southwesterly, said line being said southerly right-of-way line of U.S. Highway d6 Bypass to a point; thence North 880 26' 29" {Vest 688.28 feet along said southerly right-of-way line of U.S. Highway d6 Bypass to a point; thence North 30 20' 24" East 110.00 feet along said southerly right-of-way line of U.S. Highway d6 Bypass to a point; thence Westerly 183.75 feet along a 2,715 foot radius curve concave southerly, said line being said southerly right - of -wray line of U.S. Highway d6 Bypass to a point; thence South 890 27' 44" West 229.51 feet along said southerly right-of-way line of U.S. Highway d6 Bypass to the point of beginning; and containing 12.4 acres, more or less. 9 0r Ordinance No. 78-2930 Page 3 as requested by Frantz Construction Company, Inc., located south of Hwy. q6 Bypass and east of Sycamore Street. (Mt. Prospect Addition, Part 4.) Section 2. 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 final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. Passed and approved this 14th day of November , 1978. MAYOR ATTEST: CITY CLERK It was moved by Balmer and seconded by Roberts that the Ordinance be adopted, and upon roll ca t11 -Fere were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration 10/31/78 Vote for passage: Ayes: Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse. Nays: none Second consideration 11/7/78 Vote for passage:ye�e�rosse, Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer. Nays: none. D RJtiGI'�Ax'1'NT Date of publication November 22, 1978 BY TO, I IMO CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 57340 V 919.354,1800 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2930 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 14th day of November , 1978 , all as the same appears of rector -in my office and publishedin the Press Citizen on the 22nd day of November , 19 78 Dated at Iowa City, Iowa, this 3rd day of January , 1979 �Ci,L T-, Abbie Stolfus, Cipy Clerk Printers fee ,$ ck . CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson. County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is h reto attached, was published in said paper � times, on the fopowing datr>SI: f Cashier Subscribed and sworn to before me this a:�7 day of N d rJr S A./D/.190�{7, . ` Notary Public No.LO9y f7 OFFICIAL PUBLILA I Iun ORDINANCE 110.70-2930 ! AN ORDINANCE AMENDING , ZON ING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R1A TO RIB and R2 IT ORDAINED BY THE CITY COUNCIL OFI 'ITY OF IOWACITY,.IOWA: Ion 1. The property described below Is hereby, rifled Men In present classification 6f RIA and I undarles of RIB as Indicated upon the Zoning I the. Clty of Iowa City Iowa, shall be enlarged as a 'point of reference at the of the Northwest quarter of Section North, Range 6 West at the Fifth Ian, Iowa City, Johnsen County,, Iowa; thence South 1 degree 39' 10" East 375A0 fat to a point of Intersection with centerline Station 222+ 12.6 of U.S. Highway No. 6 Bypass (this Is an assumed bearing for W rposes afihls description only); thence South 0 degrees 01' 03" East 150.00 feet to a point; thence North 89 degrees 21' 44" East SOHO fast to a point of Intersection with the easterly right -of way line of Sycamore Street saitl point being 150.00 feet normally distant from the centerline of said U.S. I Highway No. 6 Bypass; hence South 0 tlegras 01' 03" East 403.07 fast along old easterly right Df -way line' of Sycamore Sirmt to a point thence South 89 degrees 50' Sr' Wast 15.00 lest along Mid. easterly rlghtef way IB1e 1f Sycamore Street to ■ point; thence South rmdegrees Me wav line of Sycamore Street to along , beginning of tract herein descrlbedi mance degrees 01' 03" East 200.00 feet to a point of Adtlitlon Part 3, lows City, Iowa; thence S jhdegSV ItinnerofsMounl,IProast 135.00 spect Addition set )ong mid Part 3 tuna pointOrly thence North 84 degrees 25' 10" East135.00 feet along said northerlyline of Maunt Prospect Addition' Part 3I to a point; thence North 07 degrees SS' 20" East 260.00 1 feet along saitl northerly line of Mount Prospect' Addition Part 3 to a point: thence North 68 degrees S9' 27" East 263.00 feet along Mid northerly line of Mount Prospect Addition Part 3 to a point; thence North 0'' degrees Ol' OB" East 48O.00 feet along the westerly line of said Mount Prospect Addition Part 3 to a Point/ thence South 88 degrees 59' 21" West 125.00 fat to a.; point; thence South 34 degrees 23' 02' West 19.72 fat) to a point; thence South 88 degrees 59'27" West 120.00' .fat to a point; thence South 0 degrees 01' 06" West I 96.00 feet to a point. thence SOuth 81 degrees 56' 00" l West 319.00 fat to a Point; thence South SS degrees 37' 23' West 51.36 feet to a point, thence South 89 degrees 1 58' 57" West 134.00 feet to point of beginning antl containing 6.2acres, more or less. In addition, the property described below Is hereby reclassified from Its present classlllcatlon of RIA and the boundaries of R2 as Indicated upon the Zoning . Map of the City of Iowa City Iowa,: shall be enlarged to Include the following property, tO'Wh: Commencing as a point ofreference at the Northeast corner of the Northwest quarter of Section 23; Township 70 Norm, Range 6' West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence South 1 degfa 39' 10" East 375.40 fat to a point Of Intersection with the centerllM station 222 + . 12.6of U.S. Highway No.4 Bypass (this Is an assumed' bearing for purpose 9f thm description only); thence South 0 degrees 01. OP' East 150.00 feet to a point; thence North 89 degrees 27' 4/" East 50.00 fat to a point of Intersectlon with the easterly rightof-Way line of Sycamore Street, mid point being 150.00 fat normally distant from the centerline of mid U.S. Highway No. 6 Bypass and point of beginning of tract , herein descrlbed; thence South 0 degrees 01' 03" East ,__...__. -.d. ..Ie ...mr!u r!ahte Way tine of 58' 57 West 15,00 tat along SOLO eeercriy r,en,„i way line of Sycamore Street to a point; thence South 0 degrees 01' 03" East 246.93 fat along said easterly' right-of-way line of Sycamore Street to a point; thence North 89 degrees 58' 57" East 374.00 fast to a point thence North. SS degrees 37' 237 East 5136 feet to a point thence North 81 degree 56' W' East 319.00 :feet to point; thence North 0 degrees 01' 00" East :96.00 fat to a Point; thence' North 88 degrees 59' 27" East 120.00 feet to a point; thence North 34 degrees 23' 02" East 79.72 feet to a paint; thence North 88 degrees Northwest corner of Lot Part 3, Iowa City, Imo; I F" East 125.00 feet along ouni Prospect ,Addition M 14 degrees 51' 23" East y line of Mount Prospect !nce South 52 degrees 51' northerly line of Mount s point. thence North 24 degIlinerofsMount Prosoecl lD Addition Part 3ong 1 northerly to point Intersection with the southerly right-of-way line. of sold U.S. Highway No. 6 Bypassj thence Northwesterly 140.51 fat along a 2,715 foot radius ,curve concave southwesterly, said line being said' southerly rlghPof-way line of U.S. Highway No, d' Bypass to a point; thence North 08 degrees 26' 29" West 680.28 fat along said southerly rigntof-way tine of U.S. Highway No.6 Bypass to a Point; thence North 13 degrees 20' 24" East 110.OD feet along sold southerly r10ht-ol-'way line of U.S. Highway No. 6 Bypass to a' 5 fact radius thence dius cuo rve concave l sosoutherly, mid along83.75 feet lline being said southerly right-of-way line of U.S. Highway No. 6, ,Bypase'to a point; thence South 89 degrees 27' N"' W as1229.51 fat along sold southerly rlgmrof-way line of U.S. Highway No. 6 Bypass to the point of .beginning; and containing 12.4 acres, more or less. as requested by Frani Construction Company, Inc located south of Hwy. Na: 6 Bypass and east of'I Sycamore Street (Mt. Prospect Addition, Part 4). Section 2. The building 'Inspector Is hereby authorized and directed to change ins Zoning Map of the .City of Iowa chy, Iowa, to conform to this amendment upon final' passage, approval and publication of this Ordinance as provided by law. I ' Section 3. The Cly Clerk Is hereby authorized and directed to certify a copy of this Ordinance to the County Recorder of Johnson County, Iowa, upon flnall passage, approval and publication as provided by law. Passed and approved this 14th day of November,) 1978. .s -ROBERT A. VEVERA MAYOR 'ATTEST: -s- ABB IE STOLFUS 1 CITY CLERK November 22, 1973 mid Part 3 to /1: ORDINANCE NO. 78-2931 AN ORDINANCE AMENDING ORDINANCE NO. 2238 (Chapter 8.10 OF THE MUNICIPAL CODE) BY AMENDING THE REGULATIONS FOR NON -CONFORMING USES, NON- CONFORMING LOTS AND NON -CONFORMING BUILDINGS IN IOWA CITY. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: SECTION I. PURPOSE. The purpose of this ordinance is to provide more comprehensive regulation of non- conforming uses, non -conforming lots and non- conforming buildings in Iowa City. SECTION II. AMENDMENT. Section 8.10.21 of the Municipal Code of Iowa City is hereby amended to read as follows: A. INTENT. It is the intent of this Ordinance to restrict and eventually eliminate non- conforming uses because they have been found to be incompatible with permitted uses in the zone involved. Non -conforming buildings shall be regulated to prevent an increase in the degree of non -conformity. The lawful use of any building or land existing on the effective date of this Ordinance may continue although such use does not conform with the provisions of this Ordinance, subject to the conditions contained herein. GENERAL PROVISIONS. Construction approved prior to Ordinance. Nothing in this Ordinance shall require any change in plans, construction or designated use of a building or structure for which substantial construction has lawfully begun prior to the effective date of this Ordinance. Substantial construction shall be deemed to include excavation and demolition of existing buildings. 2. Unlawful use not authorized. Nothing in this Ordinance shall be interpreted as authorization for the continuance of the j0 7 Ord. No. 78-2931 Page 2 use of a structure or land in violation of the zoning regulation in effect prior to the enactment of this Ordinance. C. NON -CONFORMING LOTS OF RECORD. 1. In an R or C1 zone, any use permitted in the zone may be erected on any lot of record on the effective date of this ordinance notwithstanding the lot's failure to meet the requirements of the zone for frontage and width. In any zone in which single family dwellings are permitted, a single family dwelling and accessory buildings may be erected on any lot of record on the effective date of this Ordinance notwithstanding its failure to meet the requirements of the zone for area. 2. A single family dwelling on a non- conforming lot may be repaired, recon- structed or structurally altered provided the structural alteration does not increase the degree of nonconformity with yard and area requirements. A two- family or multi -family building located on a non -conforming lot which does not meet the area requirements may be repaired and may be remodelled to a lesser number of units but shall not be reconstructed or structurally altered. 3. If two or more contiguous non -conforming lots or portions thereof become in single ownership, the land involved shall be deemed a single parcel for the purposes of this Ordinance and no portion of said parcel shall be sold or used in a manner which diminishes compliance with lot width and area requirements. D. NON -CONFORMING USE. 1. No existing structure devoted to a use not permitted by this Ordinance in the zone in which it is located shall be enlarged, reconstructed, moved or struc- turally altered except as provided herein. 2. No non -conforming use may be extended through additional parts of a building nor to occupy any land outside such building. 3de Ord•No. 78-2931 Page 3 3. A non -conforming use may be changed only to a use permitted in the same or higher zone. For the purposes of this section, the same zone means the most restrictive zone in which the non -conforming use is a permitted use; a higher zone means a zone which is more restrictive than the most restrictive zone in which the non- conforming use is a permitted use. If it is changed to a higher or conforming use, it may not resume the prior non- conforming use. 4. Any structure devoted to a non -conforming use which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 50% or more of its assessed valuation, shall thereafter conform to the provisions of this Ordinance. Where the damage is less than 50%, such structure may be restored to the same non -conforming use as existed before such damage. 5. Any non -conforming use of land may not be extended to occupy a greater area of land than was owned on the effective date of the Ordinance nor may additional structures be erected in connection with such non -conforming use of land. 6. Any nonconforming use of land or buildings which has ceased by discontinuance or abandonment for a period of one year shall thereafter conform to the provisions of this Ordinance. 7. All junkyards shall conform with the requirements of Section 8.10.18.A. and Section 8.10.16.A. within five years after August 7, 1962. E. NON -CONFORMING BUILDINGS. 1. Any building, which contains a conforming use, but could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, may continue subject to the following conditions: 3Q9 Ord. No. 78-2931 Page 4 a. Any nonconforming building which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 50% or more of its assessed valuation, shall thereafter conform to the provisions of this Ordinance. Where the damage is less than 50%, such building may be restored to the same degree of non -conformity as existed before such damage. b. No building may be structurally altered in a way which increases or extends its non -conformity, however, it may be structurally altered in a way which will not affect or which will decrease its non -conformity. C. Any building which is moved shall thereafter conform to the provisions of this Ordinance. SECTION III. REPEALER. Sections 8.10.21; 8.10.22D; 8.10.23. B9—; 8. ff. 23C.1. and 2; 8.10.248., C, D and all other sections of ordinances in conflict with this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, pro- vision 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, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this December 5, 1978. ATTEST: ,5/0 Ord. No. 78-2931 Page 5 Balmer It was moved by and seconded by e that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera First consideration 11/21/78 Vote for passage: Ayes: deProsse, Erdahl, Neuhauser, Roberts, Vevera, Balmer. Nays: none. Absent: Perret. Second consideration Moved by Balmer, seconded by Perret, 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 second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse. Nays: none. Date of publication December 13, 1978 RECEIVED & APPROVED BY THE LEGAL DEPARTMT, S/� �•' (�//,// CIVIC CENTER, I10 E. WASHINGTON ST. � 6~� KA7 IOWACITY. IOWA 11100 0 718-7641Bop STATE OF IOWA Raj JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2931 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 5th day of December , 19 78 all as the same appears of reoo�in my office and published in the Press Citizen on the 13th day of December , 1978 Dated at Iowa City, Iowa, this 3rd day of January , 19 79 �_ Abbie Stolfus, Ci y Clerk Printers fee $--�� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS- CTTIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hAreto attached, was published in said paper — times, on the following dates' l3 /97 -tel U // Cashier Subscribed and sworn to before me this °2 !1 daayyJof,! ""'11,D.19 ON— Notary N,Notary Public No. _1-0. X ;7 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2238'(Cli pter 8.10 - OF THE NNICIPAL COUE) BY MENDING THE. REGULATIONS FOR NWCWORMI USER, NON- CONFORPING LOTS AND KU*CONFDFMING BUILDINGS IN IMA CITY.. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF i IOWA CITY: SECTION I. PURPOSE. The purpose of this ordfnenw 'I is W provi a eon cosprehensive regulation of An, conforelng uses, non-confwsing lots and nor confws4g bul Wings in Iowa City. 'I SECTION Il. ANaR W. Section 8.10.21 of the Municipal Cotle pTw MY is hereby aseMad te I read as follows: A. INTENT. It isthe intent of this Ordinance to restrict and eventually eliminate nor, r conforming uses because 'they bare ,been foW to be inaespatibla with perclttaC uses in the 1 zoisainvolved. Non-confondng buildings shell be regulated to prevent an increase In the q degree of non-confonity. Ths lawful use of any Wilding or land existing on the effective dela of this Ordinance Nay continue although such use does trot canfore with the provisions i of this Ordinance, subject. to the conditions i ConWned herein. , B. GENERAL PROVISIONS. i 1. Construction awrorM prior 0 Ordinaries. Nothing to this Orelnanae stall. ,require any change in plans, Construction or designated use of a bun tiling or structure for which substantial construction has lawfully begun prior to tM effective datis of this Ordinance. Substantial construction ' 'shall be Moredto tncluhieacavatlon and ` dwolitiMef cnistindbuf l dings. I I 2. Unlawful usenice hotauthorized.be In Nothing in this Hzeti ce shell be Interpreted of has I e ' mtherizetlon IOr the continuance of the use of a strutter. or land in violation' of the zoning regulation in effect prior 0 the enactaent of this Ordlnante l C. NON -CONFORMING LOTS OF RECORD. 1. In an R or CI zone, Reif use the x.. way M erected an record on the lffectin c +Ordinance niod,ithatendine let of record on this Ordinance tai lure to seat tl xaM for M. A single finally conforeing lot No atructed or prgvided the etrm not increase the is N th'yard and arm finally or aUlti-fl Ch a, Mil-MI'Drah neat the area repaired and nay Tamar none, of n reconstructed ar 51 II; REPEALER. Sections B. 10.23. B9-; 1,.2x.1. and 2; 8.0 all Other sections of oTdl Mn S [fits ordinance are hereby tepee `" elf fare data of ,thereof not. adjudged invalid or dnconstitutlona coding ;its SECTION V. EFFECTIVE BATE. This Ordinance a ents of the be in effect a ter is nal passage, approval Publication as nqulrce by la. re a nor passed and approved this Spin da of Deceeber, ' on recon- Y IN located :h does not1. . be Mind tb o a bal l apt be altered. 3. Ie two or sure contiguous non-conforeiig. lots or portions thereof become to single 'Ownership, the land involved Abell W deeded a single parcel for the purposes of this Ordinance and M portion of mid parcel shall he sold or usedin a comer .Mich diminishes ceeplience with lot Width and arm. requiresents. 0. NONCONFORMING USE. 1. No existing structure devoted to a use hot pmmitted by this Ordinance in the .one in Mich it Is located shall be enlarged, reconstmctea, seved or struc- turally altensd except as provided heroin. 2. M norrconfaming, use any beextended through additional parts of a building nor to occupy any land outside such Wilding. nen the Aeurwnfareing use 1s a use; ahigher zone swans a zoos son restrictive than the suet n zone in Mich the nor 1 use 1e a pmsitted use., If it I W a higher or nnfoning use,' cot resod the prior huh- us.. oruse. - A. Any structure devoted to a surconforsing use Mich has been destroyed or damped by fire, explosion, act of Gad, or by a pUbl ic,e"my to the extent of 50% or.aore of its assessed valuation, am]I thereafter centore W the provisions of this Ordinance. where LIB damage 1sless then 50%,. such structure Near M rostered , to the':a. non-Co0f01fhg use as existed before such design. 5. Any rgrcoeforeing use of lard say not be extended to occupy a greater aha of land: than Was wined on the effective data of the Ordinance nor Na, additional structures beerected in connection With such Mn-confo sing use of Ishii. ' - 6. Any non-conforaiw use of land or i buildings Which lies ceased diswnt -- Wandonent for.M. period of Per '_--.after tit Ordinanca.te the provisions ti this 7. All juntyaras abed cantors With 'the V( requiresunts of Section a.30.18. A. and I Section 8.10.16.A. Withinfive years after August 7, 1962. E. MDR-CONFMDC BUILDINGS. I 1. Any m. building, which t Ins Wilt ender the usee but saris net he e by reason the tents of this Ordinance by sawn eof , restrictions on cru, lot coverage, height, r req its location er the lot; or other way Coneh4 concerning the i follosira, ndY ionstnua subject to the � follwirg coMfgiona; -. a. Agi con-confoming but lding' M/ch has been destroyed or daesped by fire, explosion,act of God, or by a' pub] is one" to the extent of 50% or core of its assessed valuation, atoll thereafter confana to the Provisions of this Ordinance. Whore I tie damage 19 lam than Stir, $Voll buI Id �NSY he restored W the mens tkprea .f non-conTonity. As existed before such tl.ge. i b. No building say M strucWrelly ay M altered in a rich inareesas or extend. its nos-conforeity, however; it Nay: be structurally altered in a way which Will not' affect Or Mich will .decrease its i narconfoerity. i a. Ary funding Mich is suvad shall Y inerrafur confe a to the �__- , •_ provisions of this Ordinance1 ATTM \(6 ORDINANCE N0. 78-2932 AN ORDINANCE REPEALING CHAPTER 23-279 OF THE OCDE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, PERTAINING TO WE PARKING METER FUND. Chapter 23-279 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed. SECTION II. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted this 5th day of December , 1978. It was moved by Balmer and seconded by o er s that the ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSEMr: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration 11/14/78 Vote for passage: Ayes: Vevera, Balmer, Erdahl, Neuhauser, Perret, Roberts. Nays: none. Absent: deProsse. 2nd consideration 11/21/78 Vote for passage: Ayes: Vevera, Balmer, deProsse, Erdahl, Neuhauser, Roberts. 3/78ys: none. Absent: RECEIVED & APPROVED Date of Publication: Perret. By T , LEGALg � MEgT ^pTt 1% P 3 /� K4(/�f /pVIC CIOWA n0 E. WA 52240 ON ST. /e/1/ K4(/ IOWA 1 i3. IOWA 5Y7/0 /(�/j///�/ 71YJM-1lW STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2932 which was passed by the City Council of Iowa City, Iowa -ata regular meeting held on the 5th day of December , 19 78, all as the same appears of record—In my office and pub fishedin the Press Citizen on the 13th day of December , 1978 Dated at Iowa City, Iowa, this 3rd day of January 19 79 i Abbie Stolfus, Ci Clerk Printers fee; $—Z21 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS-CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS- CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is her to attached, was published in said paper � times, on the following date . Casbier Subscribed and sworn to before me tphisa 7 day of ID EG �+�A.D.19 20 . 9�.-� r , / Notary Public No. lO 9 T i�7 OFFICIAL PUBLICATION ORDINANCE.NO. 78-2932 AN ORDINANCE RDVAL D CNApM 23-279 OF Tim CODE OF ORDIMINCES .OF THE CITY OF IOA CITY. ICKA, PERFAINING TO THE pAEGCDG. MM MO. =1M I Chapter 23 M of the Code of Or&napens Of the City of Iowa City, Inun, is hereby - repealctl. SES; FIDN II. FFFECTNE DATE. This Ordina.nre shall be, in effect after its final Passage, approval and publication ps required by 1,w - Passed and adopted chis 5th day of ,December . , 1978. AM AMM: E/t_ C1TY CLERIC - _ - -December-13,7978 \V\ ORDINANCE NO. 78-2933 AN ORDINANCE AMENDING ORDINANCE NO. 77-2835 BY ADDING SECTION 6.17.04, TO RESTRICT TRUCK TRAFFIC ON CERTAIN STREETS. Be it ordained by the City Council of the City of Iowa City: SECTION I. PURPOSE. The purpose of this amendment is to restrict truck traffic on Kirkwood Avenue and Lower Muscatine Road from the intersection of Kirkwood Avenue and Gilbert Court to the intersection of Lower Muscatine Road and Sycamore Street. SECTION II. AMENDMENT. Section 6.17 is hereby amended by adding the following section: Section 6.17.04 Trucks restricted on Kirkwood Avenue and Lower Muscatine Road. A. No truck or other commercial vehicle with a license of over 16 tons, except those specifically exempted herein, shall be operated on Kirkwood Avenue and Lower Muscatine Road from the intersection of Kirkwood Avenue with Gilbert Court to the intersection of Lower Muscatine Road with Sycamore Street. Exceptions. The following vehicles shall be exempted from this prohibition: (1) Commercial vehicles engaged in the making of deliveries or the furnishing of services at premises fronting on the proscribed street or premises contiguous to the proscribed street which have no other means of access. (2) School buses. (3) City emergency and service vehicles. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Ord. No. 78-2933 Page 2 Passed and approved this 5th day of December, 1978. MAYOR ATTEST: �' CITY CLERK It was moved by deProsse and seconded by Erdahl that the Ordinance be adopted, and upon ro 1 call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera First consideration 11/14/78 Vote for passage: yes: Balmer, Erdahl, Neuhauser, Perret. Nays: Roberts, Vevera. Absent: deProsse. Second consideration 11/21/78 Vote for passage: Ayes. Balmer, Erdahl, Neuhauser. Nays: Roberts, Vevera. Absent: Perret. Date of publication 12/13/78 RECEIVED & APPROVED BY THS LEGAL DEPARTMENT -iL!E Off... • ��� ��� KA7 CIVIC CENTER 110 E. WA 52240 N 5T. 61 ~ IOWA 10354 WA 52210 310354 1800 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2933 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 5th day of December , 19 78 , all as the same appears of record in my office and published in the Press Citizen on the 13th day of December , 1978 Dated at Iowa City, Iowa, this 3rd day of January , 19 79 Abbie Stolfus, Citry Cler Printers fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is h/e etopattached, was published in said paper �"�"`'F — times, on the following date . Cashier Subscribed and sworn to before me this 7. day ofD Er— E,&q�--)th UA,D.19 Notary Public OFFICIAL PUBLICATION I ORDINANCE NO. 78-2933 AN ORDINANCE AMENDING ORDINANCE W. "-2835 BY ADDING SECTION 6.17.04, TO RESTRICT TRUCK TRAFFIC .ON CERTAIN STREETS. ile it ordained by the City Council of the City of ]ova. City: .BECLION 1. PURPOSE. The purpose of tpis emenddent s rests c ruck traffic an Kirkwood Avenue and Lower Muscatine Roadfroe the intersection of Kirkwucd Avenue and Gilbert Court to the -intersection of 'Lower Muscatine Aced and Sycamore Street. 'SECTION 11. AIaT .. M. Section 6.17 is hereby 6 Trucksnrestrifolt[edli Ni tFwood Avenue Section aM Lower Muscatine Road. ,A: No truck Or other cOdederclal vehicle with a license of over 16 tons, except those specifically exeepted Ural n, shell be operated an Kirkwood AVenue antl Lower Muscatine Road trodthe intersection of Kirkwood Avenue with. Gilbert Court to the intersection of Lower MuscatineRoad with Sycemore Street. B. Exceptions. The follow1fip Y,VeMcles .shall be exeeptetl frau this. prohib(t4on;. (U Cadeemial Vehicles engaged in the eating of daliveri., or, the furnishing -`of services it predises irenting on "a proscribed street or preolsas contiguous .. to the proscribed atreat, which have no Other Means, Of access. (2) School bases, ` (3) City eaergenty and service vehicles. -SECTION IV. SEVERABILITY. If a, section, _prov non or pa o the Ordinance shall C i0djudged to M invalid or unconstitutional, such ;adjudication shall not affect the. validity of the Orainance as a whole or any sectimprovision or part thereof notd . adjudgeinvalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance sha11 be roe act a t!r s s nal passate. approval -and publication as required by Is. passetl and approved this 5th day of December, 1978. _.il�f� MAYDR�AG/ .ATrEsr: —"Y L 1 December 13,1978 ORDINANCE NO. 78-2934 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM A2 COUNTY TO M1 ZONE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassed from its present classification of A2 County and the boundaries of M1 Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: 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, except that portion contained within the east -west county road right-of-way located along the southern boundary thereof; also all that part of the east half of the southeast quarter of Section 28, Township 79, North, Range 6 West of the 5th P.M., lying easterly of the Chicago, Rock Island and Pacific Railroad Company right-of-way line, except that portion contained within the east -west county road right-of-way located along the southern boundary thereof; subject to easements and restric- tions of record. The above-described property is located adjacent to south City limits on E. side of Hwy. 218. (Wagner -Murphy Foundation) Section 2. 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 publication of this Ordinance as provided by law. .7 LL E f NOV211978 D 211E STOLFUS CITY CLERK 3116- Ord. No. 78-2934 Page 2 Section 3. 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, approval and publication as provided by law. Passed and approved this 12th day of December 1978. MAYOR ATTEST: CITY CLERK It was moved by Neuhauser , seconded by Roberts , that the Ordinance be finally adopted, and upon roll call there were: AYES: NAYES: First consideration Vote for passage: Neuhauser. Nays ABSENT: x Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera 11/21/78 yeses Vevera, none. Absent: Perret. Balmer, deProsse, Erdahl, Second consideration 12/5/78 Vote for passage: Ayes: Perret, Roberts, Vevera, Balmer, deProsse, Erdahl, Neuhauser. Nays: none. Date of publication December 20, 1978 RECEIVED & A .- 'tT%LEGA 2tt1$;: 316 Ordinance No. Page 3 78-2934 We, the undersigned, Clerk and Mayor of the City of Iowa City, Iowa, do hereby certify that the foregoing Ordinance is a true and exact copy of the Ordinance adopted by the City Council of the City of Iowa City, Iowa, at a regular meeting held on thel2th day of December, 1978. Mayor ATTEST:C crk ��- City Clerk 317 �• �' CIVIC CENTER 410 E. WASHINGTON ST. KIWA CITY. IOWA 52240 61 310-3114-18M STATE OF IOWA SS JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2934 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 12th day of December , 19 78 , all as the same appears of recorcTTin my office and published in the Press Citizen on the 20th day of December , 1978 Dated at Iowa City, Iowa, this 3rd day of January , 1979 Abbie Stolfus, City Clerk Printers fee $ 5 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESSLTTIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper '19 on the following dates Cashier Subscribed and sworn tto''0 before me thesis o>� 77 day of � E -C. �`a A.D.19 ' 1-2 Notary Public No. /�97 I OFFICIAL PUBLICATION ORDINANCE NO. 78-29U AN ORDINANCE AMENDING ZONING ORDINANCE 7278 SY CHANGING THE USE .REOULATIONS OF CERTAIN PROPERTY FROMA7 COUNTY TO Ml ZONE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA; Section 1. The property described below Is hereby reclassed from Its present classification of A2 County and the boundaries of Ml Zone as Indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to Include the following property, towit: Commencing at the southwest corner• of the southwest quarter of the southwest auarter of Sectlon thence north to the southwest corner of the north ten (let acres of the southwest quarter of the southwest quarter of mid section 771 thence East 81S feet;, thence southerly to a point on the south line of said Sectlon 77; which point Is 110 feet west of the southeast Corner of the southwest quarter of the southwest quarter of Mid Section 77, tnenbe west to the place of beginning, except that portion contained Within the east -west county road right-of-way located. along the southern boundary thereof; also all that' part of the east half of the southeast quarter of Section 28,Townsnlp 79, North, Range 6 West of the Sth P.M., lying easterly of the Chicago, Rock Island and Pacific Railroad Company rlgnt-of+way line, except that .portion contained wltmn the east -west county road right of -way located along the southern boundary thereof; subject to ,mi ments and restrictions of record. -The above-described property Is located adjacent to south City limits bn E. side of Hwy. 210. (Wagner- Murphy Foundation) Section 2. The building Inspector Is hereby authorized and directed to cnango the Zoning Map of the City of Iowa City,. Iowa, to conform to this amendment upon iN final passage, approval and publication of mis Ordinance as provided oy law. Section 3. The lark is hereby authorized and directed to cerfi" Cl?A copy of this Ordinance to the CountyRecorder of Joht" County, Iowa, upon final passage, approWl and publication as provided by law. Passed and approved this 12th day of December, 1970. -s-Robert A. Vevera, Mayor Attest:-s-Abble Stolfus, City Clerk empecbar 7g, 1978 ORDINANCE NO. 78-2935 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM CH TO C2 ZONE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of CH zone and the boundaries of C2 zone as indicated upon the Zoning Map of t e City t o Iowa City, Iowa, shall be enlarged to include the following property, to -wit: A tract in the Southwest Quarter of the Southeast Quarter of Section 15, Township 79 North, Range 6 West of the 5th P.M., more particularly described as follows: Beginning at the Northwest corner of Lot 2, Lloyd's Subdivision, in Iowa City, Iowa, according to the recorded plat thereof recorded in Plat Book 7, page 25, Plat Records of Johnson County, Iowa; thence South 00 17' East 203 feet; thence South 890 43' West 166 feet; thence North 00 17' West 265.01 feet more or less to a point on the Southerly right of way line of U.S. #6; thence South 690 48' East along said Southerly right of way line of U.S. M6, 177.20 feet more or less to the point of beginning. as requested by Mr. A. E. Greb. Section 2. The building inspector is hereby author- ized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. Passed and approved this 19th day of December , 1978. MAYOR ATTEST: CITY CLERK e Received & Apc-:vLd By The Legal Department 129 .17- 71 f'/' 7?%1?� Ordinance No. 78-2935 Page It was moved by Neuhauser and seconded by Perret 'that the Ordinance be adopted, an upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 1st consideration: 12/5/78 Vote for passage: Ayes: deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer. Nays: none. 2nd consideration: 12/12/78 Vote for passage: Ayes: deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera. Nays: none. Absent: Balmer. 3/9 V • CIVIC CENTER, X Y. E. WASHINGTON N 5T. IOWA CITU. IOWA 5Y7�0 /-Jv/j/r !/ `1 7W36t41W STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 78-2935 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 19th day of December 19 78 , all as the same appears of recorcTTin my office and published in the Press Citizen on the 27th day of December , 1978 Dated at Iowa City, Iowa, this 3rd day of January 1979 C 264L�- Abbie Stolfus, CltyA Cler Printers fee $ A1127 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is here o ttached, was published in said paper times, on the following dates: n v v 6 r Cashier Subscribed and swom to before me this. day of p e �' AA..D.119 Notary Public No.�� OFFICIAL PUBLICATION ORDINANCE NO.. 78-2935 AN ORDINANCE AMENDING ZONING DADINANCE 2238 BY 4 CARIGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM CN TO C2 ZONE BE IT ORDAINED BY THE CITY C"CIL 01,111 CITY OF I CITY, IWA: � .. Section 1. The property des hereby "Classified fr. its Pr of CN zone am Lla e as n -ate upm ttONyyE�Ta,��1 0 - 1. City. Iowa. sNlisy. M_ the D ract In the Southwat:"rt rter of Seftlort T5, nl t of the 5th P.M:. vareWWaa follows: Begielin at <Aer L 1oy0's 5ubdlvlstep. to IAinyy to the recorded plat plot Gooy 7. Pace. 25. plat thence South 69" aB' Gast along Said Southerly "Slot of ray lint of U.S. IS. 177.20 feet Nore I for less ON the point of begtnnlog. as requested by Hr. A. E. Grob Section 2. The building Inspector Is hereby author. tied and directed to change the Zoning. Map. of tbe. [fly at [owe Crty, Iowa, to conform tothis amend- hent upon the final passage, aDprovel and puplitatior of thIs Orainaoce as preyiaed by law. Section J. The City. Clerk is hereby eu[Imrited art directed to certify a copy of NB Ominance to the County Recorder of JohAson County, Iowa. Uoon final - passagt. approval dna publication as pranced by Ia.. Passed and approved this 19th day of December 1974. ATTEST: 1 4. December 27,1978