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HomeMy WebLinkAbout1986 Ordinance Book ORDINANCES BOOK 27 3274 - 3292 PAGE ORD. NO. TITLE DATE 1-2 3274 Ord. repealing sections 3-17 $ 3-18 in Chapter 3 1/14/86 ("Advertising") $ repealing in their entirety Chapter 6 ("Amusements") , Chapter 19 ("Junk Dealers F, Pawn Brokers") $ Article II of Chapter 21 ("Fortune-Tellers, Palmists, Phrenologists El Clairvoyants") 3-5 3275 Ord. amend Zoning Ord.re use regulations of property 1/28/86 including Willow Creek Crt. $ portion Willow Creek Dr. 6-8 3276 Ord. amend Zoning Ord. re use regulations of property NE of U.S. Highway 218 & West of Mormon Trek Blvd. 9-11 3277 Ord. amend Chapter 31 by adding Section 31-12 for main- tenance of certain public property by the abutting property owner. 12-14 3278 Ord. Amend. the zoning ordinance by changing the Use 2/11/86 Regulations of certain property located off Willow Creek Drive and Northwest of Highway I West. 15-22 3279 Ord. Amend. the zoning ordinance by changing the use Regulations of certain property located Northeast of Mormon Trek Boulevard. 23-25 3280 Ord. to incorporate into the zoning ordinance the City's 2/25/86 current building sewer and industrial waste control regulations. 26-30 3281 Amending the zoning ord. by changing the use regulations of certain property located west of Old Highway 218, South of Eagle's Parking lot and North of Ernest Street. 31-33 3282 Amending the special provisions subsections of sections 3/11/86 36-7, 36-8, 36-10 and 36-11 of the zoning ordinance regarding the number of roomers. 34-36 3283 Amending Sign Regulations pretaining to the location 3/25/86 requirements of signs permitted in the triangular area at street intersections. 37-41 3284 Amend. Section 15-62(A) of Code relating to REFUSE 4/22/86 COLLECTION, to establish limits on REFUSE PICKUP SERVICE. 42-43 3285 To change the name of former U.S. Highway 218 South of 5/6/86 U.S. Highways 6 and 1 to "OLD HIGHWAY 218 SOUTH." 44-47 3286 Amending the Zoning Regulations concerning MONUMENT SIGNS in the CB-10 Zone. 48-58 3287 Amending the LSNRD Regulations, to permit ADMINISTRATIVE APPROVAL OF FINAL PLANS. 59-75 3288 Amending CHAPTER 9.1 ("CITY PLAZA") 6/3/86 76-84 3289 Amending Chapter 5 Section 5-1 thereof to provide a definition of the term "OUTDOOR SERVICE AREA" and by adding new sections 5-39 through 5-44 relating to the regulation of OUTDOOR SERVICE AREAS. 85-89 3290 Amend. Chapter 33 by repealing sections 33-44, 33-45 6/17/86 and 33-163, and enacting in lieu new sections to be codified the same to provide INCREASED RATES for WATER AND SEWER USE IN IOWA CITY 90 3291 Vacating a Portion of Hollywood Blvd. 7/15/86 91 3292 Amending the Zoning Ordinance by changing the use Regulations of Certain Property Located on Northgate Drive in the Northgate Corp. Park. 1 ORDINANCES BOOK 27 3293 PAGE ORD. NO. TITLE DATE 92 3293 Vacating a portion of Teeters Court South of 7-15-86 Rider Street. 93 3294 Amending Sec. # 14-78(b) of the Code of Ordinances of the City of Ia. City to add provisions for the documentation of requests for Cable Service and for Liquidated Damages for the Failure of the Grantee to meet Deadlines for Required Cable Network Extensions. 94 3295 Amending Sec. #36-6 of the Zoning Ordinance 8-12-86 to permit Religious Institutions as Prov sional Uses Within the RR-1 Zone. 95 3296 Granting Iowa-Illinois Gas & Elect. Co. , its 9/9/86 successors and assigns, the right and franchise to acquire, construct, sect, maintain and operate in Iowa City an Electric Light and Power System for a period of 15 years - to furnish and sell Electric energy to said City and it inhabitants. • 96 3297 Granting Iowa-Illinois Gas and Electric Co. , its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City a Gas Plant or Plants for a period of 15 years and to furnish and sell gas for public and private use in the City of Iowa City and elsewhere. 97 3298 Ord. amending Chap. #33 of the Ia. City Municipal code, utilities, by adding thereto a new article Artical VI, to be entitled "Public Utilities Regulation, Consisting of Sec. #33-171 through 33-188 and relating to the regulation of Public Utilities in the use of Public Right of way. 98 3299 Ord. amending Chapter 1 of the code of Ordinances of 10/9/86 of the City of Iowa City, by adding procedures and penalties for Municipal Infractions. 99 3300 Ord. amending the Fire Code to Provide that each day a violation continues shall be a Separate offense. 100 3301 Ord. to amend the Zoning Ordinance to Permit Small 11/4/86 Animal Clinics in the CC-2 Zone. 101 3302 Ord. amending the Planned Devel. Housing Overlay (OPDH) Zone to Permit OPDH plans on Tracts of less than two acres and to permit administrative approval of final plans. 102 3303 Ord. to amend the zoning ordinance to clarify the 11/19/86 definition of rooming unit. 103 3304 Ord. vacating the Mid-Block Alley Extending 12/16/86 between S. Gilbert St. and S. Van Buren St. in Block 3, Lyon's First Addition. - 104 3305 Ord. to amend the off-street parking requirements of the Zoning Ordinance to clarify the number of required parking or stacking spaces for use conversions. 105 3306 Ord. amending section 23-189 of the Municipal Code of I.C. to change Sped Li its on Parts of U.S. Hwy. 6 106 3307 Ord. amending section 23-189 of the Municipal Code of I.C. to change Speed Limits on parts of Gilbert St and Dubuque Street. ORDINANCE NO. 86-3274 AN ORDINANCE REPEALING SECTIONS 3-17 AND 3-18 IN CHAPTER 3 ("ADVERTISING") AND REPEALING IN THEIR ENTIRETY CHAPTER 6 ("AMUSEMENTS") , CHAPTER 19 ("JUNK DEALERS AND PAWN BROKERS") AND ARTICLE II OF CHAPTER 21 ("FORTUNE-TELLERS, PALMISTS, PHRENOLOGISTS AND CLAIRVOYANTS") OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I . PURPOSE. The purpose of this ordinance is to repeal certain licensing provisions of the City Code. SECTION II . AMENDMENTS. 1. Sections 3-17 and 3-18 in Chapter 3 ("Advertising") of the Code of Ordi- nances of the City of Iowa City, Iowa, are hereby repealed. 2. Chapter 6 ("Amusements") of the Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed in its entirety. 3. Chapter 19 ("Junk Dealers and Pawn Brokers") of the Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed in its entirety. 4. Article II of Chapter 21 ("Fortune- Tellers, Palmists, Phrenologists and Clairvoyants") of the Code of Ordi- nances of the City of Iowa City, Iowa, is hereby repealed . SECTION III . REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any sec- tion , provision or part of the Ordinance shall be adjudged to be 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 unconsti- tutional . SECTION V. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 14th day of January, 1986. /t)/0,,CLI ;_42.- N�Yf?R / Received & Approved ATTEST: 74 � By The Leval D partment CITY C LER -7 to I It was moved by McDonald , and seconded by Zuber , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER First consideration 12/17/85 Vote for passage: Ayes: Strait, Zuber, Ambrisco, Dickson, Erdahl, McDonald. Nays: Baker. Second consideration MaXXXXXX Vote for passage Date published 1/22/86 Moved by McDonald, seconded by Zuber, 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: Zuber, Ambrisco, Courtney, Dickson, McDonald, Strait. Nays: Baker. a_ 1 cliy OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) ) ) SS ) JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3274 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of January , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 22nd day of January , 19 86 Dated at Iowa City, Iowa, this 3rd day of February ,19 86 - / �L�l�,c/ cL�C ' amo Parrott, Deputy City Clerk ORDINANCE NO. 86-3273 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY INCLUDING WILLOW CREEK COURT, A PORTION OF WILLOW CREEK DRIVE AND PORTIONS OF FORMER RIGHT-OF-WAY FOR HIGHWAY 1 WEST (a/k/a IOWA PRIMARY ROAD NO. 1) SOUTHWEST OF SUNSET STREET. THE CITY COUNCIL OF IOWA CITY, IOWA, HEREBY FINDS THAT: 1. The property described in Section 1 below is the property of the City of Iowa City and is being voluntarily annexed to said City. 2. Said property is the public right-of-way for city streets known as Willow Creek Court and Willow Creek Drive , and as such should be zoned P (Public) . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. REZONING. The property de- scribed below is hereby reclassified from its present classification of County Highway Commercial (CH) to Public (P) : All that part of the Northwest Quarter of the Northwest Quarter of Section 21 , Township 79 North , Range 6 West of the 5th P.M. , bounded on the North by the North line of said North- west Quarter of the Northwest Quarter of Section 21; on the Southeasterly by a line 65 feet normally distant , Northwesterly of and parallel to the centerline of primary road #1 as shown on plans for Johnson County, Iowa , project #FA-9; and on the West by the West line of said Northwest Quarter of the Northwest Quarter of Section 21 ; also Commencing at the Northeast corner of Section 20, Township 79 North, Range 6 West of the 5th P.M. , thence on an assumed bearing of SOO°00 '00"E, 300.00 feet, along the East line of said Section 20; thence S89°26'31"W, 25.50 feet to a point which is the intersection of the Southerly Right-of-Way line of Willow Creek Drive and the former Northwesterly 3 2 Right-of-Way line of Iowa Primary Road No. 1 which is the point of beginning; thence S34°56' 58"W, 489.36 feet along said Northwesterly Right-of-Way line; thence N71°47 '30"W, 62.66 feet ; thence N34°56'58"E, 325.04 feet along the present Northwesterly Right-of-Way line of Iowa Primary Road No. 1; thence N30°37 '44"E, 132.80 feet along said present Northwesterly Right-of-Way line; thence N89°26'31"E, 85.99 feet to the point of beginning; also The Southerly 5 feet of Barker' s First Addition to Iowa City, Iowa, which is also known as the Southerly 5 feet of the Willow Creek Drive Right-of-Way in Iowa City, Iowa. SECTION II . AMENDMENT. As of the effec- tive date of this ordinance, the Building Inspector is authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment. SECTION III. CERTIFICATION AND RECORDING. Immediately after the effective date hereof, the City Clerk shall certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, for recording. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section , provision or part of the Ordinance shall be adjudged to be invalid or unconstitu- tional , such adjudication shall not affect the validity of this ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional . SECTION VI . EFFECTIVE DATE. This Ordi- nance shall be in effect, after its final passage, approval and publication as required by law, upon completion of the City's annexation of the property described in Section I. Passed and approved this 28th day of January, 1986. YOR ATTEST: 7h „4„) u�,J CITY CLERK - It was moved by Strait , and seconded by Zuber , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER First consideration 1/14/86 Vote for passage: Ayes: Baker, Courtney, Dickson, McDonald, Strait, Zuber, Ambrisco. Nays: None. Second consideration Vote for passage Date published 2/5/86 Moved by Strait, seconded by Zuber, 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: Baker, Courtney, Dickson, McDonald, Strait, Zuber, Ambrisco. Nays: None. • S CITY OF OWA CITY CIVIC CENTER 410 E WASHINGTON ST IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA SS JOHNSON COUNTY I, Ramona Parrott, Deputy 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. 86-3275 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of J,1nu;ury , 1986 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 5th day of February , 1986 Dated at Iowa City, Iowa, this 27th day of February ,19 86 . / �✓ %Haad-IY- Ra ona Parrott, Deputy City Clerk 70 1/ OFFICIAL PUBLICATION Printers fee$ ! ( ORDINANCE NO. g6-3274 1 AN ORDINANCE REPEALING SECTIONS 3-17 AND CERTIFICATE OF PUBLICATION 1 3-18 IN CHAPTER 3 ('ADVERTISING') AND REPEALING IN THEIR ENTIRETY CHAPTER 6 STATE OF IOWA, Johnson County,ss: ("MIJSEWENTS"), CHAPTER 19 ("JUNK DEALERS . A110 THE IOWA CITY PRESS-CITIZEN CHAPTER N218R(KFoRTUNE-TELLERS,[PAUIISTS, PHRENOLOGISTS AND CLAIRVOYANTS') OF THE CODE OF ORDINANCES OF THE CITY OF IOWA I ' , CITY...IOWA. I, Be'q"6ORDAINED BY THE CITY COUNCIL OF THE Bronwyn S: Van Fossen, being duly fill Df IDNA CITY, IOWA, THAT1 , sworn, say that I am the cashier of the , I. PURPOSE. The purpose of this IOWA CITY PRESS-CITIZEN, a news- , mance s o repeal certain licensing , paper published in said county, and that ECT ON I of AMENNDMthe EENTTS,�e' ' 1. Sections 3-1/ and 3-18 in Chapter 3 a notice, a printed copy of which is ('Advertising') of the Code of Ordi- hereto attached, was published in said 1 nances of the City of Iowa City, Iowa, paper timels), on the fol- are hereby repealed. lowingdate(s): ' 2. Chapter 6 ("Amusements') of the Code of Ordinances of the City of ,Iowa City, Iowa, is hereby repealed in its entirety. 3. Brokers 19 the Dealers and s of .5 9 Icte0t,,, Brokers') of the Code of Ordinances of '&34.44-0.-el- iSP4' the City of Iowa City, Iowa, is hereby repealed in its entirety. . ^�s 4. Article II of Chapter 21 ("Fortune- y/ia?-vri,y A.,s / 1Tellers, Palmists, Phrenologists eM '_�iw•' iiinances Clairvoyants') of the Code of Ordi-. Cashier manes of the City of Iowa City, Iowa, - - is hereby repealed. SECTION III. REPEALER: All ordinances and parts of ordinances in conflict with • , Subscribed and s rn to before me the provision of this ordinance are is her• repealed. /1� Q � 0--A--.? , f SECTION IV. SEVERABILITY! If any sec- tion, provision or part of the Ordinance y shall be adjudged to be invalid or uncon- stitutional, such adjudication shall not r�(y _ -affect the validity of the Ordinance as a I9 s+ whole or any section, provision or part thereof not adjudged invalid or unconsti- .g /1 ( SECTION V. EFFECTIVE GATE: This Ordi- �"��"�" - nance shall be in effect atter its final Notary Public I passage, approval and publication as • required by law. No. /160 pPassed and approved this 14th day of 0 January, 1986. tic SHARON STUBBS �� pl'TES .49.,24"..3' y(' 1 L31T CLEAR _. 02810 January 22,1986 OFFICIAL PUBLICATION ORDINANCE NO. 86-3275 ORDINANCE MENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN 4. PROPERTY INCLUDING WILLOW CREEK COURT, A YaJ PORTION OF WILLOW CREEK DRIVE AND PORTIONS OF FORMER RIGHT-OF-WAY FOR HIGHWAY 1 WEST /°' (a/k/a IOWA PRIMARY ROAD N0. 1) SOUTHWEST S Printers fee ✓ OF $UNSET STREET. II 7HE CITY COUNCIL OF IOWA CITY, IOWA; CERTIFICATE OF PUBLICATION HEREBY FINDS THAT: STATE OF IOWA, Johnson County,ss:. I. The property described In Section I • THE IOWA CITY PRESS-CITIZEN below is the property of the City of Iowa City and is being voluntarily annexed to said City. ' . • 2. Said property is the public ° I, right-of-way for city streets known as Willow Greek Court and Willow Creek . Bronwyn S. Van Fossen, beingduly Drive and as such should be zoned P (Public). sworn, say that I am the cashier of the NOW, THEREFORE, BE IT ORDAINED BY THE CITY 'IOWA CITY PRESS-CITIZEN, a news- COUNCIL OF THE. CITY OF IOWA CITY, IOWA, paper published in said county, and that THAT: a notice, a printed copy of which is SECTION 1. REZONING. The property pe- hereto attached. was published in said scribed below is hereby reclassified fern paper 1 timels), on the fol- its eCaeercialent s(CH)ctoiPublic (von of j°oaty lowing datels): All that part of the Northwest Quarter of the Northwest Quarter of l Section 21, Township 79 North, Range 6 West of the 5th P.M., bounded on the a�p North by the North line of.said North- S /70 C west Quarter of the Northwest Quarter ((( of Section 21; on the Southeasterly by tom / 0 � \ a line 65 feet nasally distant, �,f)r 7J�`e-'_may' '/ ceotereste.Rty of and parallel to the centerline:of road f1 as shown •' Cashier on plans r Johnson County, Iowa, ,_ project IFA-9; and on the West by the West line of said Northwest Quarter pf the Northwest Quarter of Section 21; o Subscribed and sworn to before me al Coanencing at the Northeast corner of Section 20 Township 79 North, �,y�.�]l�yn' Range 6 West of the 5th' P.M., thence this afti ftday of /k, A.D. onan assumed bearing of 500°00'00°E, 300.00 feet, along the East line of said Section 20; thence 599026'31'06 19 et. 25.50 feet to a point which is the intersection of the Southerly' + Drive line of Willow Creek y` Drive and the former Northwesterly Right-of-Way line of Iowa Primary Road Notary Public -- _,Ho,_1 which is th°,poirt of Pegihnin9; _ No./753/4/ SiCil • w, _° ,. SHARON STUBBS17 • •1dxw1u1odde ue J01 Si MASS 'CLIf-SCE Jo owl Jo g Jane 6E0.9EE Ile) '005'1785 'B 'Ds SU! leen uoaMomitlso °aafwoq wolpq e ,00owno In!Wneaq uaumo Aq 31y5 NOi '6099s[TOWERS'aBoe6 Jen L;.w-d 9 EZ'LZ 9 Pue ' 'W911911901?'W911911901?U8104171112'NJompoom uado 'alliAIOJOD lemileM :awo4 apls4Upu woo woo aouaraluoa .paq v 6ulwJe4D :N3NMO As BUIJamsue Hopei ' 668Z-PSI Ile)'006.19$'age 33I4dO 33IAl! .IJow algewnssy •uo9eaoP'luaw ajow q .ailuro'saaJ!willow'raged'4aidd 4300'a311JeS level 'y!] woo ague) Wil Juno!9500 Bu!IN SOD1 'wane'-woo ISJH uau0111!Auuns HewJDIOJRay coeds -Uel lam saw;poop Pau_M S33Idd03AIS -p0CM leu!eIJO'awo4 bO-E VI!nq • JapoA 'JIV lag :NRNMO AB*woos 'S as ''si 9Q99 ISL.006'951'awl'Pa4s!UJDIDn Jo Pd -silo u0 'I4Jed o1 luaaelua pieA S[R of 09$ qua) a6Jel •asejee paleaq 'sAeMJoop papa 'diem odonis a e!daJN lIIIImm1 oo1 pawpaw AJols cm (W6 •5J .-Pao C 61.1!wJe43 :M3NM0 AS a ORDINANCE NO. 86-3276 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED NORTHEAST OF U.S. HIGHWAY 218 AND WEST OF MORMON TREK BOULEVARD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I . That the property described below is hereby reclassified from its present classification of R1-A in the County to RS-5: Beginning at the northeast corner of the northwest quarter of the northwest quarter of Section 20, Township 79 North , Range 6 West of the 5th Principal Meridian ; thence SOO°20130"W, a recorded bearing , 532.40 feet , along the east line of said northwest quarter of the north- west quarter to a point on the northeasterly right-of-way line of the relocated primary road U.S. Highway No. 218; thence N47°47 '00"W, along said northeasterly right-of-way line, 792.93 feet ; thence S89°57 ' 38"E, along the north line of said northwest quarter of the northwest quarter , 590.42 feet , to the point of begin- ning . Said tract of land contains 3.61 acres more or less. SECTION II . The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa , to conform to this amendment upon the final passage, approval and publica- tion of this ordinance as provided by law. SECTION III . The City Clerk is hereby authorized and directed to certify a copy of this ordinance which shall be recorded at the office of the County Recorder of Johnson County , Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section , provision or part of the Ordinance shall be adjudged to be invalid or unconstitu- tional , such adjudication shall not affect the validity of the Ordinance as a whole or any section , provision or part thereof Cl' 2 not adjudged invalid or unconstitutional . SECTION VI . EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law and the effective date of the City' s annexation of the property described in Section I . Passed and approved this 28th day of January, 1986. i/e/C/LIA.:4 aiv-4..J‘l-toL/4"- MAY ` ATTEST: h TY LER � RertAy x A:v v+d 3{ V/Epi *n rk 2 It was moved by Strait , and seconded by Courtney , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD STRAIT X ZUBER First consideration 12/17/85 Vote for passage: Ayes: Baker, Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco. Nays: None. Second consideration 1/14/86 Vote for passage Ayes: McDonald, strait, Zuber, Ambrisco, Baker, Courtney, Dickson. Nays: None. Date published 2/5/86 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3276 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of January , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 5th day of February , 19 86 Dated at Iowa City, Iowa, this27th day of February 09 86 , , Ram. a Parrott, Deputy City Clerk OFFICIAL PUBLICATION I ORDINANCE NO. 86-3276 ... ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE F CERTAIN AC PROPERTY LOCATEDENORTHEASTI OFS U.S. HIGHWAY ll, 218 AND WEST OF MORMON TREK BOULEVARD. Printers fee S /7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: CERTIFICATE OF PUBLICATION SECTION 1. That the property described below is hereby reclassified from its STATE OF IOWA,Johnson County,ss:., present classification of R1-A in the THE IOWA CITY PRESS•CITIZEN Caunty to -5: BeginningS at the northeast corner of the northwest quarter of the northwest quarter of Section 20, Township 79 North, Range 6 West of the 5th • Principal, Meridian; thence • - I, 500°20'30•W, a recorded bearing, 532.40 feet, along the east line of Bronwyn S. Van Fossen, being duly said northwest quarter of the north- sworn, say that I am the cashier of the west quarter to a point on the IOWA CITY PRESS-CITIZEN, a news- f the northeasterly right-of-way aUneioedprimary road U.S. Highway paper published in said county, and that No. 218; thence N47°47'00"W, along a notice, a printed copy of which is said northeasterly right-of-way line, 792.97 feet; thence 589°57'38"E, along hereto attached, was published in saidthe north line of said northwest paper ! time(s), on the fol- quarter of the northwest quarter, lowingdatels) 590.42 feet, to the point of begin- ning. Said tract of land contains 3.61 acres more or less. SECTION II. The Building Inspector is q • ����� heeby authorized and dityctetl to change �_ Gig- the zoning map of the City of ItCity, �'•C-v^.�-=s Iowa, to conform to, this amendment upon A the final passage, approval and publica- tion ofN thisIordinance providediby.law. Xrt'L-d"Rt.aa ,�" Grp J.fre.1.4. SECTION III. The City Clerk is hereby authorized and directed to certify a copy Cashier of this ordinance which shall be recorded at the office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. Subscribed and sworn to before me SECTION IV. REPEALER., All ordinances and !��.�7/��//Jl cid" parts of ordinances in conflict with the thls7Rl�LG1d y cid provision of this ordinance are hereby repealed. a Of A.D. SECTION V. SEVERABILITY. If anysection, provision or part of the Ordinance shall be adjudged to be invalid or unconstitu- I9 Lionel, such adjudication shall not affect /� the validity of the Ordinance as a whole el Jap J` any section, provision part thereof �- not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This }Q Notary Public Ordinance shall be in effect after its /' No./!6 Y "-z O . final passage, approval and publication as required by law and the effective date of - . the City's annexation of the property described in Section I. Passed and approved this 28th day of January, 1986. ' e SHARON STUBBS „-__ • F .yI. ATTEST: 71,,,,,,;„...t IIY C7�LERKr.� L 04297 February 5, 1986 . ORDINANCE NO. 86-3277 AN ORDINANCE AMENDING CHAPTER 31 OF THE CITY CODE BY ADDING SECTION 31- 12 PROVIDING FOR MAINTENANCE OF CERTAIN PUBLIC PROPERTY BY THE ABUTTING PROPERTY OWNER. SECTION I . PURPOSE. The purpose of the ordinance is to amend Chapter 31 to require abutting property owners to maintain the public property located between their property lines and the curb lines upon the public streets , the area commonly referred to as the "parking." This ordinance is adopted pursuant to the authority of S364. 12(2) (c) , Code of Iowa. SECTION II . AMENDMENT. Chapter 31 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding the following new Section 31-12: Sec . 31-12 . Responsibility of abutting property owner . (a) The abutting property owner shall maintain all publicly owned property located between the curb lines of the street right-of-way and the abutting property line, except that the abutting property owner shall not remove diseased trees or dead wood on the publicly owned property or right-of-way and shall not treat, plant, trim , remove or otherwise disturb any tree or shrub on said public property without first procuring a permit to do so as provided for in Chapter 34 of the Code of Ordinances of the City of Iowa City, Iowa. (b) As used in this section , "property owner" means the contract purchaser if there is one of record , otherwise the record holder of legal title. 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 , provision or part of this Ordi- nance shall be adjudged to be invalid or unconstitutional , such adjudication shall not affect the validity of the Ordinance as a whole or any section , provision or part thereof not adjudged invalid or unconstitutional . 1 Ordinance No. 86-3277 Page 2 SECTION V. EFFECTIVE DATE: This Ordinance shall be in etfect atter its final passage, approval and publication as required by law. Passed and approved this 28th day of January, 1986. \ . MAYO' ATTEST: 22 CITY CLERK •i t � II Z7 SS /0 • It was moved by Strait , and seconded by Zuber , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER First consideration 1/14/86 Vote. for passage: Ayes: Strait, Zuber, Ambrisco, Baker, Courtney, Dickson, McDonald. Nays: None. Second consideration XXXXXXX Vote for passage Date published 2/5/86 Moved by Strait, seconded by Dickson, 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: McDonald, Strait, Zuber, Ambrisco, Baker, Courtney, Dickson. Nays: None. 1, CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-50W STATE OF IOWA ) SS JOHNSON COUNTY I, Ramona Parrott, Deputy 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. 86-3277 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of January , 1986 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the5th day of February , 19 86 . Dated at Iowa City, Iowa, this 27th day of February ,19 86 'a •na Parrott, Deputy City Cork OFFICIAL PUBLICATION ORDINANCE NO. 86-3277 +N ORDINANCE AMENDING CHAPTER 31 OF THE I Lc 9 CITY CODE BY ADDING SECTION 31-12 Printers fee SPROVIDING FOR MAINTENANCE OF CERTAIN I PUBLIC PROPERTY BY THE ABUTTING PROPERTY OWNER. CERTIFICATE OF PUBLICATION SECTION I. PURPOSE. The purpose of STATE OF IOWA, Johnson Count ss:. ' the ordinance is to amend Chapter 31 to y require abutting property owners to • THE IOWA CITY PRESS-CITIZEN maintain the public property located • between their property lines and the curb lines upon the public streets, the areh commonly referred to as the 'parking,' . This ordinance is adopted pursuant to the ., e I authority of S364.12(2)(c), Code of lows. SECTION II. AMENDMMEEflNT. Chapter 31, of ( Bronwyn S. Van Fossen, being duly the Code of Ordinances of the Cit ) of sworn. saythat I am thecashier the Iowa City, Iowa, is hereby amended, by ofadding the following new Section 31-12: IOWA CITY PRESS-CITIZEN, a news- sec. 31-12. Responsibility of abutting paper published in said county, and that , property owner. (a) The abutting property owner ash 11 a notice, a printed copy of which is I maintain all publicly owned property hereto attached, was published in said I located between the curb lines df' the paper / time(s), on the fol- , street right-of-way and the abutting property line, except that the abutting I lowing datels): property owner shall not remove diseased trees or dead wood on the publicly owned property or right-of-way and shall not treat, plant, trim', remove or other.9ise 5 /�! disturb any tree or shrub on said public ,� Y K7 property without first procuring a perrytt / to do so as provided for in Chapter 34 of ��� Vj • /�a the Code of Ordinances of the City of Iowa G `. City, Iowa. (b) As used in this section, 'property Cashier owner' means the contract purchaser if there is one of record, otherwise the ' record holder of legal title. SECTION III. REPEALER: All ordinances . Subscribed and sworn to before me and parts of ordinances in conflict with the provisions of this ordinance are y /^ ()�, hereby repealed. ��� 'JV/ SECTION IV. SEVERABILITY: If.any Chis9Of A.D. 'teflon, provisiondart of this Ordi- nance shall be adjudged to be invalid or 19 g/ unconstitutional, such adjudication shall (p not effect the validity of the Ordinance • (l as a whole or any section, provision or n �\ C�,� /I n part thereof not adjudged invalid or SPA-0-4---ern... .`y- '^.�1Y'vl{'✓✓.. unconstitutional. SECTION V. EFFECTIVE DATE: This Notary Public Ordinance snagI be in effect enter its final passage, approval and publication as p •�(J required by law. No. /I J /O Passed and approved this 28th day of / L` January, 1986. /u/ A F SHARON STUBBS a �rr ECER "y :.,946: :' ATTEST: ' 04299 February S. 1986 I ORDINANCE NO. 86-3278 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED OFF WILLOW CREEK DRIVE AND NORTHWEST OF HIGHWAY 1 WEST. THE CITY COUNCIL OF IOWA CITY, IOWA, HEREBY FINDS THAT: 1. The property described in Section I below is being voluntarily annexed to the City of Iowa City, and the owners of said property have requested rezon- ing to CI-1 (intensive commercial ) . 2. Existing uses on said property are consistent with and permitted in the CI-1 zone. 3. CI-1 zoning of this tract is consis- tent with the short and long range Comprehensive Plan for Iowa City. 4. CI-1 zoning is compatible with neigh- boring zoning and uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION I . REZONING. The property de- scribed below is hereby reclassified from its present classification of County Highway Commercial (CH) to Intensive Commercial (CI-1) : A parcel of land located in the East 1/2 of the Northeast 1/4 of Section 20, T79N, R6W of the 5th P.M. , Johnson County, Iowa, legally described as follows : Commencing at the Northeast corner of Section 20, T79N, R6W of the 5th P.M. ; thence on an assumed bearing of S 00°00'00" E, 300.00 feet along the East line of said Section 20; then S 89°26'31" W, 25.50 feet to a point which is the intersection of the Southerly R.O.W. line of Willow Creek Drive and former northwesterly R.O.W. line of Iowa Primary Road No. 1; thence S 34°56'58" W, 489.36 feet ; thence N 71°47 '30" W, 47.40 feet to the point of beginning; thence S 35°31 '30" W, 105.60 feet ; thence S 19°34'45" W, 72.80 feet; thence S 33°19' 15" W, 130.10 feet; thence S 35°31 '30" W, 93.20 feet ; thence N 55°03'02" W, 942.89 feet; thence N 00°12'48" W, 467.92 feet; thence easterly along the north line of said Section 20, N 89°26'31" E, 928.28 �a A Ordinance No. 86-3278 Page 2 feet, thence S 00°00'00" E, 300.00 feet; thence N 89°26'31" E, 85.51 feet; thence S 34°56'58" W, 392.46 feet, thence S 71°47 '30" E, 197.84 feet, to the point of beginning. Said parcel contains approximately 16.2 acres. SECTION II. MAP AMENDMENT. As of the effective date of this ordinance, the building inspector is authorized and di- rected to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment . SECTION III . CERTIFICATION AND RECORDING. Immediately after the effective date hereof, the City Clerk is hereby author- ized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa. SECTION IV. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitu- tional , such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional . SECTION VI . EFFECTIVE DATE: This Ordi- nance shall be in effect, after its final passage, approval and publication as required by law only after completion of the City' s annexation of the property described in Section I. Passed and approved this 11th day of February, 1986. fr ' a SR ATTEST: } � . � ITY CLERK /3 It was moved by Dickson , and seconded by Baker , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER First consideration 1/14/86 Vote for passage: Ayes: Courtney, Dickson, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. Second consideration 1/28/86 Vote for passage Ayes: Dickson, McDonald, Strait, Zuber, Ambrisco, Baker, Courtney. Nays; None Date published 2/19/86 • / 9 CITY OF IOWA cliy CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA SS JOHNSON COUNTY I , Ramona Parrott, Deputy 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. 86-3278 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of FeIruary , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 19th day of Fchruary , 1986 Dated at Iowa City, Iowa, this27th day of February ,19 86 . •am•na Parrott, Deputy City C erk • I OFFICIAL PUBLICATION _ ORDINANCE N0. 86-3278 . ORDINANCE AMENDING THE ZONING ORDINANCE BY • CHANGING THE USE REGULATIONS OF CERTAIN rPROPERTY LOCATED OFF WILLOW CREEK DRIVE AND NORTHWEST OF HIGHWAY 1 WEST. • • THE CITY COUNCIL OF IOWA CITY, IOWA, HEREBY FINDS THAT.: 1. The property described in Section I below is being voluntarily annexed So • the City of Iowa' City, and the owners of said property have requested rezon ing to CI-1 (intensive commercial). , 2. Existing uses on said property are - consistent with and permitted in the 61-1 zone. 3. CI-1 zoning of this tract is canals- ^ tent with the short and long range Ov Comprehensive Plan for Iowa City. 4. C1-1 zoning is compatible with neigh- '--- boring zoning and uses. Printers fee NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION I. REZONING. The property de- ' scribed below is hereby reclassified from CERTIFICATE OF PUBLICATION its present classification of County STATE OF IOWA, Johnson County,ss:.- Highway fne l)tat (CH) to Intensive THE IOWA CITY PRESS-CITIZEN A parcel of land located in the East 1/2 of the Northeast 1/4 of Section 20, T79N, R6W of the 5th P.M., Johnson County, Iowa, legally described as follows: Commencing at the Northeast . I, corner of.Section 20, T79N, R6W of the : , 5th P.M.;thence on an assumed bearing Bronwyn S. Van Fossen, being dulyI of S 00°00'00• E. 300.00 feet along the ' sworn, say that I am the cashier of the ' East line of said Section 20; then S IOWA CITY PRESS-CITIZEN, a news- . which 3is Wthe25 intersection of the paper published in said county, and that Southerly R.O.W. line of Willow Cre k 1 1 a notice, a printed copyof which is Drive and former northwesterly R.0.1.' line of Iowa Primary Road No. 1; thence hereto attached, was published in said $ 34°56'58' W, "x89.36 feet; thence N paper 71°47'30' N. 47.40 feet. to the point of time(s), on the fol- beginning; thence S 35°31'30' W, 105.60 lowing datelsi: _ feet; thence tls 19°34'45" W, 72.80 feet; thence S 13'19'15' W, 130.10 feet; ' thence S 35°31'30' W, 93.20 feet; s,� thence N 55°03'02' W. 942.89 feet; /` /9/ /"in i �7I thence N x8' 'Y, 467.92 feet; Y' !u �A thence easterly along the north line of ' f�.a , said Section 20, N 89°26'31' E, 928.28' O' / L _ / feet, thence S 20°00'0U- afeet; , AAAfff .O 70-d t feet; thence N 89°26'31' E, 85.51 feet; thence S 34°56'58' W, 392.46 feet, • Cashier thence S 71°47'30' E. 197.84 feet, to the point of beginning. Said parcel ' contains approximately 16.2 acres. SECTION 11. MAP AMENDMENT. As of the Subscribed and sworn to before me • effective date of this ordinance, the building inspector is authorized and di- rected to change the-zoning map of the • this/2 ay of A.D. ' City of Iowa City, Iowa, to conform to this amendment. rye/ SECTION III. CERTIFICATION AND RECORDING. 19 c+W, Immediately atter the effective date ' hereof, the City Clerk is hereby author- ized and directed to certify a copyr of . this ordinance to the County Recorder of SECTION County, Iowa. SECTION REPEALER: All conflict with the /�-/ 7ns(� Notary Public parts of ordinances in conn fat with the. NO rl I U v provision of this .ordinance are hereby repealed. SECTION V. SEVERABILITY: If any section, provision or part of Clue Ordinance shall be adjudged to be invalid or unconstitu- •- tional, such adjudication shall not affect the validity of the Ordinance as a Mole c ': SHARON STUBBS or any section, provision or part thereof. not-adjudged invalid or unconstitutional."' SECTION VI. EFFECTIVE DATE: This Ordi- nance shall be in effect, after its final passage, approval and publication . as required by law only after completion of • the City's, annexation of the property' described in Section I. Passed end approved this 11th day of February, 1986. ATTE T: Wpsw,J CI CI.Wrij 04558 February 19,1986 ORDINANCE NO. 86-3279 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED NORTHEAST OF MORMON TREK BOULEVARD. THE CITY COUNCIL OF IOWA CITY, IOWA, HEREBY FINDS THAT: 1. The property described in Section I below (subject property) , located immediately south and west of the current corporate limits of Iowa City, Iowa, is presently classified in the county as Urban Residential (R1-A) . 2. The Johnson County Farm Bureau has agreed to purchase the subject prop- erty if it is annexed and rezoned to Commercial Office (CO-1) to permit the construction of an office building. 3. The applicant is currently unable to develop the property within the County since the Johnson County Health De- partment will not issue a septic permit for property adjacent to the corporate limits of Iowa City which could be served by municipal sanitary sewers. 4. Commercial Office zoning of the sub- ject property is consistent with the recommendations of the Comprehensive Plan, and surrounding land use pat- terns , and is compatible with the use of neighboring properties as zoned. 5. In order to ensure the public health, safety and welfare, and as a condition of zoning approval , the site should be limited to a single curb-cut to be located anywhere within 200 feet of the north property line of the subject property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. Subject to the conditions set forth in the Agreement attached hereto as Exhibit A, and incorporated herein by reference, the zoning classification of the property described below is hereby changed from its present classification of R1-A in the county to CO-1, and the boundaries of the CO-1 zone as shown on the zoning map of the City of Iowa City, Iowa, shall be changed to include the /_I Ordinance No. 86-32/9 Page 2 property located in Johnson County, Iowa, northeast of Mormon Trek Boulevard, and identified as follows : Beginning at the Northeast Corner of the Southeast Quarter, of the Northwest Quarter of Section 20, Township 79 North, Range 6 West, of the 5th Princi- pal Meridian ; thence S 01002'24" W, 487.06 feet along the East Line of said Northwest Quarter, of Section 20, to its intersection with the Northeasterly Right-of-Way Line of Mormon Trek Boule- vard as relocated ; thence N 68°13'00" W, 0.49 feet to an iron pin found , which is 70 feet radially distant Northeasterly of center line station 5110+87.7; thence N 55°14'20" W, 193.60 feet along said Right-of-Way Line to an iron Right-of-Way marker found , which is 70 feet along said Right-of-Way Line to an iron right-of-way marker found , which is 70 feet radially distant Northeasterly of center line station 5114+94.0; thence N 25°55 '20" W, 276. 51 feet along said Right-of-Way Line to its intersection with the North Line of the South Half of the said Northwest Quarter of said Section 20; thence S 89°10'37" E, along said North Line 405.42 feet to the Point of Beginning. Said tract contains 2.81 acres more or less. SECTION II . As of the effective date of this Ordinance, 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. SECTION III. Immediately after the effec- tive date hereof, and upon receipt of the amount of the recording fee from the property owner, the City Clerk, is hereby authorized and directed to certify a copy of this Ordinance to the Recorder of Johnson County, Iowa , for recording. 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 this Ordinance shall be adjudged to be invalid or unconstitu- tional , such adjudication shall not affect /6 Ordinance No. 86-3279 Page 3 the validity of the Ordinance as a whole or any section , provision or part thereof not adjudged invalid or unconstitutional . SECTION VI . EFFECTIVE DATE: This Ordi- nance shall be in effect, after its final passage, approval and publication as required by law, only after completion of the City' s annexation of the property described in Section I. Passed and approved this 11th day of February, 1986. R � ATTEST: NAL,K,) CITY CLERK Roceiv>d & Approved By 7 a Lec;,l Depart eof ;z6 /7 It was moved by McDonald , and seconded by Courtney , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X _ STRAIT X ZUBER First consideration 1/14/86 Vote for passage: Ayes: Dickson, McDonald, Strait, Zuber, Ambrisco, Baker, Courtney. Nays: None. Second consideration 1/28/86 Vote for passage Ayes: McDonald, Strait, Zuber, Ambrisco, Baker, Courtney, Dickson. Nays: None. 2/19/86 Date published GArI I U I L H AGREEMENT THIS AGREEMENT, dated as of the 17th day of December, 1985, by and between the City of Iowa City, a municipal corporation (hereinafter referred to as "City") and the Johnson County Farm Bureau, Richard H. Davis and Florence E. Davis (hereinafter collectibly referred to as "Applicants") . WITNESSETH WHEREAS, Richard H. Davis and Florence E. Davis own a parcel of land located northeast of Mormon Trek Boulevard , contiguous to the corporate limits of the City, legally described on Exhibit A which is attached hereto (the "prop- erty") ; and WHEREAS, the Johnson County Farm Bureau has contracted to purchase said property if it is annexed by the City, and zoned for office use; and WHEREAS, the City has agreed to annex the property; and WHEREAS, because of the location of the property on a curve on Mormon Trek Boulevard, it would be dangerous to allow any curb cuts (i.e. , means of access) where the southerly portion of the property abuts Mormon Trek Boule- vard ; and WHEREAS, the City will zone said property for office use only if the Appli- cants agree that only one curb cut will be allowed from the property onto Mormon Trek Boulevard. � 9 PAGE 2 NOW, THEREFORE, the parties agree to as follows : AGREEMENTS 1. The above-described property shall have no more than one means of access (i .e., curb cut) onto Mormon Trek Boulevard , which means of access may be located anywhere within 200 feet of the north property line of the prop- erty. No curb cut may be located south of the 200 foot line. 2. The terms of this Agreement may be amended, revised, or terminated by the City only by adoption of an ordinance specifically amending Ordinance No. 86-3279 , to which this is attached . 3. This Agreement shall be a covenant running with the property, and shall be binding upon and shall inure to the benefit of the parties hereto, their heirs and personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and date first above written. JOHNSON COUNTY FARM BUREAU By: ATTEST: t",4;10.44 /11KrL Secretary s it-$9. Richard H. Dav s Florence E. Davis ao PAGE 3 CITY OF IOWA CITY � �.. _ , 'ayor ATTEST: ''// City Werk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /1 day of , 1985, before me ayotNotaarry Public in and for the State o(4,6„.4_,,,Iowa, personally appeared e j„, j ,� <_ and e,Q,,,i, , , /. 41-41.1 to me pe sonajly known , who, bein me duly sworn , 'i s say that they are the ivheo,.Pe and of said corporation , that the seal affixed to said instrument is the al of said corporation, and that said instrument was signed and sealed on be alf of s id corporation by authority of its board of directors and the said C XV ,.,� and F,t,,, / �1Li.,/ acknowledged the execution of said in- struiiery/ to be the voluntary act and deed of said corporation by it voluntar- ily executed. ,lu---n4 ,..,..../ Not Public in State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /7 day of /F,.,,,,, i , 1985, before me, a Notary Public in and for the State of Iowa, personally appeared Richard Davis and Florence E. Davis , husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the • same as their voluntary act and deed. Not y Public inor'sa d County and State %r.._ . .,a at AA,,...,,. 02 PAGE 4 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 11th day of February , 1986, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared William J. Ambrisco and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of said municipal corporation executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said William J. Ambrisco and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. �`' oorrhs�.wMu►acx ()ClL MY COMMISSION FxPI' Notary Public and for said County and State 02� CITY OF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY I, Ramona Parrott, Deputy 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. 86-3279 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of February , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 19th day of February , 19 86 Dated at Iowa City, Iowa, this 27th day of February ,19 86 . Ra na Parrott, Deputy City Clerk Y OFFICIAL PUBLICATION berger at 18, Todd Chandlee and - ORDINANCE NO. 86-3219 &fan Mullinix with 16 each and la& Chet Wieland with 11 points. Rath, ORDINANCE AMENDING THE ZONING ORDINANCE Chandlee, Mullinix, and Wieland CHANGING THE USE REGULATIONS OF CERT Printers fee S PROPERTY LOCATED NORTHEAST OF NORMON 1 all average more than 13 points BOULEVARD. per game. CERTIFICATE OF PUBLICATION THE CITY COUNCIL OF IOWA CITY, 10 •The game was tied at 37 at half-II HEREBY FINDS THAT: time, but Highland took control by STATE OF IOWA, Johnson County,ss: i. The property described in Section outscoringWACO 30-18 in the third THE IOWA CITY PRESS-CITIZEN below (subject property), loco immediately south and west of period. current corporate limits of lows Ci Highland, 16-2 overall, will host Iowa, is presently classified in county as Urban Residential (R1-A). Wapello Monday night in a class 2. The Johnson County Fern Bureau I• agreed to purchase the subject Pr A district game at Riverside at 8 p.m.The Huskies have beaten Wa- Bronwyn S. Van Fossen, beingdulyerty if it is annexed and rezoned ConsnerCial Office (C13-1) to permit Olio by 51 and 45 points this sea- sworn. say that I am the cashier of the construction of an office building. son. IOWA CITY PRESS-CITIZEN, a news- 3. The applicant is currently unable . paper published in said count and that develop the property within the Cou WACO Pe) y Oro the Johnson County Wealth Coble 4 0.1 8, Meth 5 02 II Meyer 4 0-0 8 a notice, a printed copy of which is pertinent will not issue a sep Schmitz 132-328. Roth 30-1 6,Schrock 35911. hereto attached, was ublished in said Penins for property adjacent to Freyenberger 1 2-2 4 Steckly 10-0 2. Tocols p corporate limits of Iowa City wh 349-H178. paper time(s), on the fol- could be served by municipal saint HIGHLAND(17) lowing datelsl: sewers. Chandlee 6 34 16. Freyenberger 8 2.4 18 4. Commercial Office zoning of the si Rath 11 0-0 22,Wieland 5 1-211. Mulllnlx 63.5 ject property 1s consistent with 16. Megcholsen 1 0-0 2, Hawkins 0 2.2 2.Totals recomnendations of the Conprehens `�' tern, and ssrrompat�g lawi use P WACO 20 'S_-z,� - '(/- 17 (7 f& terns, and is compatible with the A Higland 17 30 21_47 7 of neighboring properties as zoned. 5. In order to ensure the public heal Three-point goals -Moth,Chandlee, Mullin4 / safety and welfare, and as a condo Ix.Total fouls—WACO 13,Highland 18. .-.,N...„.. -Q o` at_ r of zoning approval, the site should limited to a single curb-cut to West Branch 53, C.Creek 49 Cashier located anywhere within 200 feet : the north property line of the.subji • WEST BRANCH—Two minutes property. NOW THEREFORE, BE IT ORDAINED BY THE C separated Clear Creek from its Subscribed and sworn to before me COUNCIL OF THE CITY OF IOWA CITY, 101 second win of the season Tuesday, THAT: ,�., �—f-� SECTION T. Subject to the conditions and those minutes may have been- this P o.S.Gday of c.0....-9/"-- , A.D. forth in the Agreement attached hereto West Branch's most panicked. Exhibit A, and incorporated herein "For some reason they're 19 /'t9 reference, the zoning classification y' e a (yl' �'�f/� /y,T� ,, the property described below is hen team we have problems with," LC C-vfl-�1/-'�i changed from its presentclassificationof West Branch coach CraigBova RS-A in the county to CO-I. and 1 boundaries of the CQ-1 zone as shown said."It came down to the last two the zoning map of the City of Iowa Cii minutes and we missed some free NotaryIPublic prwa,operty' shall be changed tn include + throws.We almost gave it up." praperty'locaLed in Johnson County, for onortheast of Mormon Trek Bauleverd, 4 'With 20 seconds left, it was a No. us- o o identified 4s follows: two-point game for the Bears, but Beginning at the Northeast Corner o-P the Southeast Quarter, of the Northwe Scott Slach made it 53-49 with a Quarter of Section 20, Township layup. -- -- . - North, Range 6 West, of the th Print a a SHARON STUBBS pal Meridian; thence S 01002.24' Mach was the game's top scorer 487.06 feet along the East Line of sa with 15 points.Tim Riggle of Clear Northwest Quarter, of Section 20, Creek had 13 its Intersection with the Northeaster points. Right-of-Way Line of Mormon Trek Boul ;The win puts West Branch, 5-91 yard as relocated; thence N 68°13'0 into a three-way tie for fourth in N, 0.49 feet to an iron pin fouq which is 70 feet radially distil . the Eastern Iowa Hawkeye Com 1 5110+87.7;rthly ence Na 55°14.20'ter eW,s193{tatTerence final standings.The Bear= feet along said Right-of-Way Line to are 6-12 overall and play Lone Iron Right-of-Way marker found, whi Tree at home Friday. is 10n feet alongrisaid yearRight-of-Way'Li Clear Creek fell to 1-16 overall Lo an ironnhtsaidwRmarker faun,i which is 70 feet radially dista and 1-12 in Eli!games. Northeasterlyof center line stet,. 5114+94.0; tence N 25°55'20' W. 216. age klo�r 400(49)1. Robison 2 0-0 4, Ealy 4 2-4 ORDINANCE NO. 86-3280 AN ORDINANCE TO INCORPORATE INTO THE ZONING ORDINANCE THE CITY'S CURRENT BUILD- ING SEWER AND INDUSTRIAL WASTE CONTROL REGULATIONS. WHEREAS, the City' s Zoning Ordinance has, for a number of years, contained standards pertaining to discharges into the public sewers ; and WHEREAS, in 1984 the City Council adopted Ordinance No. 84-3172 updating the City' s industrial waste control regulations, but did not revise the sewage discharge re- quirements contained in the Zoning Code; and WHEREAS, the City Council wishes to elimi- nate duplication and possible ambiguities by placing the City's sewage discharge regulations in one part in the Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Section 36-76(h) of the Code of Ordinances is hereby de- leted in its entirety and the following is adopted in lieu thereof: (h) Sewage Waste. Sewers and sewage discharge shall meet the require- ments of Divisions 1, 2, 5 and 6 of Article II of Chapter 33 of the Iowa City Code of Ordinances. SECTION II . REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III . SEVERABILITY: If any sec- tion, provision or part of the Ordinance shall be adjudged to be 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 unconsti- tutional . Page 2 SECTION IV. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 25th day of February, 1986. �- .,, • . ATTEST: ,yL, CITY CLERK • nLn»•��� i� y; rve4' -- -� ry- It was moved by Strait , and seconded by Dickson , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO BAKER X COURTNEY X DICKSON X DONALD X STRAIT • X ZUBER First consideration 2/11/86 Vote for passage: Ayes: Courtney, Dickson, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. Second consideration XXXXXX Vote for passage Date published 3/S/86 Moved by Strait, seconded by Zuber, 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: Dickosn, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. ate' CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3280 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 25th day of February , i986 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 5th day of March , 19 86 Dated at Iowa City, Iowa, this 4th day of April 19 86 • RAMONA PARROTT DEPUTY CITY CLERK • OFFICIAL PUBLICATION O 7 ORDINANCE NO. 86-3280 AN ORDINANCE TO INCORPORATE INTO THE Printers fee$ / • ZONING ORDINANCE THE CITY'S'CURRENT BUILD- ING SEWER AND INDUSTRIAL WASTE CONTROL REGULATIONS. CERTIFICATE OF PUBLICATION WHEREAS, the City's Zoning Ordinance has, STATE OF IOWA,Johnson County,ss: for a number of years, contained standards THE IOWA CITY PRESS-CITIZEN pertaining to discharges into the public sewers; and WHEREAS, in 1984 the City Council adopted • Ordinance No. 84-3172 updating the City's I industrial waste control regulations, but did not revise the sewage discharge re • - Bronwyn S. Van Fossen, being duly gquiirements contained in the Zoning Code; sworn, say that I am the cashier of the and IOWA CITY PRESS-CITIZEN, a news- WHEREAS, the City Council wishes to elimi- nate duplication and possible ambiguities paper published in said county, and that by placing the City's sewage discharge a notice, a printed copy of which is regulations in one part in the Code of hereto attached, was published in said Ordinances. • paper / time(s), on the fol- NOW, THEREFORE, BE IT ORDAINED BY TOE CITY lowing datels): COUNCIL OF IOWA CITY, IOWA, THAT: SECTION T. AMENDMENT. secs h 36-76(e)lofe the Code of Ordinances is hereby 'tle- /9/6 leted in its entirety and the following is �1.� adopted in lieu thereof: (h) Sewage Waste. Sewers and sewage discharge shall meet the require- ments i lI Divisions 1, 2, 5 and 6 Y// fit ,/,®,• C of Article II of Chapter ce of the Cashier Iowa Cit Lode of Ordinances. SECTION II- REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby ' repealed. Subscribed and sworn to before me SECTION III. SEVERABILITY: If any sec- tion, provision or part of the Ordinance • shall be adjudged to be invalid or uncon • - stitutional, such adjudication shall not this ay Of .D. affect the validity of the Ordinance as a 19l1PA—:11-42PV\ whole or section, provision part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE: This Ordi- nance shall p6er in effect after its final �y�j Notary Public required by approval and publication as No.lo. /1s / O Passed and approved this 25th day of February, 1986. ww ` I /_�r_L • .rt SHARON STUBBS ` • ATTEST: �1= -nix CLFR / . 04825 March 5,1986 1 ORDINANCE NO. 86-3281 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED WEST OF OLD HIGHWAY 218, SOUTH OF EAGLE'S PARKING LOT AND NORTH OF ERNEST STREET. WHEREAS, the Iowa City Community School District (ICCSD) has purchased certain property legally described below; and WHEREAS, this land owned and controlled by ICCSD is most appropriately designated a Public Zone (P) to serve notice to adjacent property owners that the land will not be subject to the regulations of the Zoning Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described below is hereby reclassified from its present classification of CC-2 to P: Part of the South 1/2 of the Southeast 1/4 of Section 16, and a part of the South 1/2 of the Southwest 1/4 of Section 15, both in Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa, more particularly described as follows: Commencing at a point 2,105 feet east of the Northwest corner of the South 1/2 Southeast 1/4 of said Section 16; thence in a Southeasterly direction 429.2 feet to a pin which is 514 feet West of the centerline of U.S. Highway #218; thence East 514 feet to said centerline; thence in a Northwesterly direction along the centerline of said paving 421.1 feet to the North line of South 1/2 Southeast 1/4 of Section 16; thence West along said North line 547 feet to the Point of Beginning. Excepting the following: Beginning at a point which is located as follows: Commencing at the Northwest corner of the South 1/2 Southeast 1/4 of said Section 16; thence East 2,652 feet to the centerline of the paving of said Highway a4 ur u inapt C irv. 00-.)O1 Page 2 #218; thence Southeasterly along said centerline 321.1 feet to the said Point of Beginning; from the Point of Beginning thus located, thence Southeasterly along the centerline of said paving 100 feet; thence West 514 feet; thence North 16° 15' West to a point due West of the Point of Beginning, thence East to the Point of Beginning. And excepting the following: Beginning at a point which is located as follows: Commencing at the Northwest corner of the South 1/2 Southeast 1/4 of said Section 16; thence East 2,652 feet to the centerline of said Highway #218; thence Southeasterly along the centerline of said paving 221.1 feet to the said Point of Beginning; from the Point of Beginning thus located, thence Southeasterly along the centerline of said paving 100 feet. thence West 520.4 feet; thence North 16b 15' West to a point due West of the Point of Beginning; thence East to the Point of Beginning. Also excepting land condemned for primary road right of way purposes by the State of Iowa, as shown in Book 229, page 98, of the Deed Record for Johnson County, Iowa. And excepting therefrom a parcel conveyed to the State of Iowa, and recorded in Book 378, Page 477 of the Deed Record for Johnson County, described as a parcel "lying on the West side of the following described centerline of U.S. Highway #218: The centerline, designated by Station points 100 feet apart, numbered consecutively from South to North, is described as follows: Commencing at the Southwest corner of said Section 15, thence East 273.7 feet along the South line of the Southwest 1/4 of said Section 15; thence North 3°13' West 181.1 feet; thence North 12°37.5' West 523.9 feet to Station 490+00, the Point of Beginning; thence North 12° 37.5' West 489.7 feet to Station 494+89.7; thence Northerly 310.3 feet along a 1,432.4 foot radius curve, concave Easterly and tangent to the preceding course, to Station 498+00. 027 Page 3 Said parcel is described as follows: All that part of a tract of land conveyed to Thomas R. Alberhasky by Warranty Deed as recorded in Book 261, Page 396 in the Office of the County Recorder of Johnson County, Iowa, lying Easterly of a line beginning at a point 132 feet radially distant Westerly from the centerline on the North line of said tract, thence to a point 115 ft. nominally distant Westerly from the South line of said tract" (exception contains 0.38 acres , more or less) . Subject tract contains an estimated net area of 91,700 sq. ft. , more or less, and is subject to restriction of access to the existing entrance from the frontage road. SECTION II. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publica- tion of this ordinance as provided by law. SECTION III . CERTIFICATION. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and record it at the County Recorder of Johnson County, Iowa. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordi- nance shall be adjudged to be invalid or unconstitutional , such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional . SECTION V. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. 07S' Page 4 Passed and approved this 25th day of February, 1986. r / A /. ' / �• ATTEST: 22le ) . A1, ) Y CL K Received & Approved By The Lecsl Department /Ain ay It was moved by Courtney , and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO —X BAKER X COURTNEY DICKSON —_x_ MCDONALD X STRAIT X ZUBER First consideration 2/11/86 Vote for passage: Ayes: Dickson, McDonald, Strait, Zuber, Ambrisco, Baker, Courtney. Nays: None. Second consideration XXXXXX Vote for passage Date published 3/5/86 Moved by Strait, seconded by Dickson, 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: Strait, Zuber, Ambrisco, Baker, Courtney, Dickson, McDonald. Nays: None. 3O CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3281 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 25th day of February , 19 86 , all as the same appears of record n my office and published in the Iowa City Press-Citizen on the 5th day of March , 19 86 Dated at Iowa City, Iowa, this 4th day of April 19 86 RAMONA PARROTT DPU ' Y CLERK OFFICIAL PUBLICATION • • ORDINANCE NO. 8b-3281' ORDINANCE AMENDING THE ZONING ORDINANCE BY I CHANGING THE USE REGULATIONS OF CERgA1N • PROPERTY LOCATED WEST OF OLD HIGHWAY $,18. - SOUTH OF EAGLE'S PARKING LOT AND NORTH OF ERNEST STREET. WHEREAS, the Iowa City Community School District (ICCSO) has purchased certain property legally described below; and WHEREAS, this land owned and controlled by ICCSD is most appropriately designated a Public Zone (P) to serve notice to adjacent property owners that the land will not be subject to the regulations of i the Zoning Ordinance. 69 NOW. THEREFORE, BE IT ORDAINED BY THE CITY Q s/tf7 COUNCIL OF THE CITY OF IOWA CITY, IOWA; Printers fee ss/ SECTION I. That the property described below is hereby reclassified from its present classification of CC-2 to P: CERTIFICATE OF PUBLICATION Part of the South 1/2 of the Southeast 1/4 STATE OF IOWA,Johnson County,ss: of Section 16, and a part of the South 1/2 of the Southwest 1/4 of Section 15, both THE IOWA CITY PRESS-CITIZEN in Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa, more particularly described as follows: Commencing at a point 2,105 feet east of I the Northwest corner of the South 1/2 Southeast 1/4 of said Section 16; thence Bronwyn S. Van Fossen, being duly in a Southeasterly direction 429.2 feet to sworn, say that I am the cashier of the a pin which is 514 feet West of the centerline of N.S. Highway #218; thence IOWA CITY PRESS-CITIZEN, a news- East 514 feet to said centerline; thence paper published in said county, and that in a Northwesterly direction along the a notice, aprinted copyof which is centerline he in said paving 421u1 feet to the North line of South 1/2 Southeast 1/4 hereto attached, was published in said of Section 16; thence West along said paper / timels), on the fol- North line 547 feet to the Point of Beginning. lowing datels): Excepting the following: Beginning at a point which is located as follows: Commencing at the Northwest corner of the ,12414-446 1 /O g/ South 1/2 Southeast 1/4 of said Section ////��� J /a Sp 16; thence East 2,652 feet to the centerline of the paving of said Highway #218; thence Southeasterly along said 1.1i i ^�f "'��� 4 centerline 321.1 feet to the said Point of ' r/J41 VVV __��, Beginning; from the Point of Beginning Cashier thus located, thence Southeasterly along I the centerline of said paving 100 feet; thence West 514 feet; thence North 16° 15' West to a point due West of the Point of Subscribed and sworn to before me Beginning, thence East to the Point of ������{(({{{------ y M Beginning. this a Of/ % /A.D. And excepting the following: Beginning at a point which is located as follows: pCommencing at the Northwest earner of the 19 V South 1/2 Southeast 1/4 of said Section a , / 16; thence East 2.652 feet to the / centerline of said Highway #218; thence Southeasterly along the centerline of said paving 221.1 feet to the said Point of , Beginning; from the Point of Beginning Notary Public thus located, thence Southeasterly along the centerline of said paving 100 feets No. / 6 C/ /f5"7 '0 thnnre. West 520.4 feet; thence North 16 Is' West to a point due West of the Point of Beginning thence East to the Point ct Og9inning. r SHARON STUBBS Also excepting land condemned for prim#ri . road right of way purposes by the State of , Cshown Iowa, as in Book 229, page 98, of 9. the Deed Record for Johnson County, Iowa. • And excepting therefrom a parcel corveye- to the State of Iowa, and recorded in Boo. 378, Page 477 of the Deed Record for Johnson County, described as a parcel "lying on the West side of the following described centerline of U.S. Highway #218: The centerline, designated by Station points 100 feet apart, numbered _ consecutively from South to North, is / described as follows: Commencing at the Southwest corner of said Section 15, thence East 273.7 'feet along the South • line of the Southwest 1/4 of said Section 15; thence Nort!. - West 181.1 feet; thence North 1:037. ' West 523.9 feet to Station 490+C7, the point of Beginning; thence North 12° -'/.5' West 489.7 feet to Station 494,89.7; thence Northerly 310.3 feet along a 1,432.4 foot radius curer, concave Easterly and tangent to thn tG - .30.78/ Said parcel is described as follows: All ' that part of a tract of land conveyed to , Thomas R. Alberhasky by Warranty Deed as recorded in Book 261, Page 396 in the ' Office of the County Recorder of Johnson County, Iowa, lying Easterly of a line beginning at a point 132 feet radially . distant Westerly from the centerline on the North line of said tract, thence to a point 115 ft. nominally distant Westerly from the South line of said tract' , (exception contains 0.38 acres, (more or less). • Subject tract contains an estimated net area of 91,700 sq. ft., more or less, and is subject to restriction of access to the existing entrance from the frontage road. SECTION 1I. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, ' Iowa, to conform to this amendment upon the final passage, approval and publica- tion of this ordinance as provided by law. SECTION III. CERTIFICATION. The City ' Clerk is hereby authorized and directed to certify a copy of this ordinance and record it at the County Recorder of Johnson County, Iowa. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. 1 SECTION IV. SEVERABILITY. If any section. provision or part of the Ord- ' nonce shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 'Sth day of February, 1986. ATTEST: -G411)�(nu.�plY C 04823 March 5,1986 ORDINANCE NO. 86-3282 ORDINANCE AMENDING THE SPECIAL PROVISIONS SUBSECTIONS OF SECTIONS 36-7 , 36-8, 36-10 AND 36-11 OF THE ZONING ORDINANCE REGARD- ING THE NUMBER OF ROOMERS. The City Council finds that the Special Provisions subsections in the RS-5, RS-8 RS-12 and RM-12 zones are ambiguous as to the number of roomers legally permissible. Previous zoning ordinances permitted a greater number of roomers per dwelling unit and many of those dwelling units became non-conforming upon adoption of this Chapter, or earlier amendments. The Special Provisions subsections were in- tended to apply only to non-conforming uses and not to illegal uses established under either previous or existing zoning ordinances, and this amendment is intended to clarify that intent. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I . AMENDMEN T. ( ctions 1) ns 36-7(g) (2) , 36-81g) (2) , 36-11(g) (3) are hereby deleted and the following are inserted in lieu thereof: Section 36-7 (g) (2) . (2) The provisions of Section 36-7(c) (1) were originally adopted December 30, 1983, and became effec- tive December 31, 1984. The non-conforming use provisions of this chapter shall not apply after December 31 , 1984, with respect to the number of roomers allowed in this zone. No dwelling unit shall be permitted to have a number of roomers in excess of the number allowed in Section 36-7 (c) (1) . Section 36-8(g) (2) . (2) The provisions of Section 36-8(c) (3) were originally adopted December 30, 1983, and became effec- tive December 31, 1984. The non- conforming use provisions of this chapter shall not apply after Decem- ber 31 , 1984, with respect to the number of roomers allowed in this zone. No dwelling unit shall be permitted to have a number of room- ers in excess of the number allowed in Section 36-8(c) (3) . Ordinance No. 86-3282 Page 2 Section 36-10(g) (1) . (1) The provisions of Section 36-10(c) (1) were adopted on June 14, 1985. After December 31, 1986, the non-conforming use provisions of this chapter shall not apply with respect to the number of roomers permitted in this zone and no dwell- ing unit in this zone shall be permitted to have a number of room- ers in excess of the number permit- ted in Section 36-10(c) (1) . Section 36-11(g) (3) . The provisions of Section 36-11(c) (1) were adopted on June 14, 1985. After December 31, 1986, the non-conforming use provisions of this chapter shall not apply with respect to the number of roomers permitted in this zone and no dwell- ing unit in this zone shall be permitted to have a number of room- ers in excess of the number permit- ted in Section 36-11(c) (1) . SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY: If any sec- tion, provis4on or part of the Ordinance shall be adjudged to be 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 unconsti- tutional . SECTION IV. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 11th day of March, 1986. (fIs—at ' g .,M ATTEST: 77404/44d iCL) CITY CLERK • 1...y-p.' :tC 7Y' illej • • --I�-�-.rl 0-32 It was moved by McDonald , and seconded by Baker that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER XCOUtTNEY _ DICKSON X — MCDONALD X _ STRAIT X 2IIBER First consideration 2/11/86 Vote for passage: Ayes: Baker, Courtney, Dickson, McDonald, Strait, Zuber, Ambrisco. Nays: None. Second consideration 2/25/86 Vote for passage Ayes: Courtney, Dickson, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. Date published 3/19/86 CITY OF IOWA CITY CIVIC CEN(ER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CC0 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3282 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the lith day of March , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 19th day of March , 19 86 Dated at Iowa City, Iowa, this 4th day of April 19 86 RAMONA PARROTT DEPUTY CITY CLERK OFFICIAL PUBLICATION ORDINANCE N0. 86-3282 ORDINANCE AMENDING THE SPECIAL PROVISIONS SUBSECTIONS OF SECTIONS 36-7, 36-8, 36-10 AND 36-11 OF THE ZONING ORDINANCE REGARD- ING THE NUMBER OF ROOMERS. The City Council finds that the Special Provisions subsections in the RS-5, RS-8 RS-12 and RM-12 zones are ambiguous as to the number of roomers legally permissible. Previous zoning ordinances permitted a greater number of roomers per dwelling 'mit and many of those dwelling units Pewee non-conforming upon adoption of -.tis Chapter, or earlier amendments. The Special Provisions subsections were in- tended to apply only to non-conforming uses and not to illegal uses established under either previous or existing zoning / ordinances, and this amendment is intended to clarity that intent. / BE IT ORDAINED BY THE CITY COUNCIL OF THE Printers fee S CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Sections! CERTIFICATE OF PUBLICATION 16-11(8)(3) are (h)ereby deletedand and STATE OF IOWA. Johnson County,ss: followings re-are Inserted in lieu thereof: , THE IOWA CITY PRESS-CITIZEN 362) The-7(c)(1) were vtoriginally sions of adopted December 30, 1983, and became effec- tive December 31, 1984. The 1 non-conforming use provisions f! I this chapter shall not apply offer. December 31, 1984, with respect to Bronwyn S. Van Fosses, being duly , the number of roomers allowed in sworn, saythat I am the cashier of the this zone. No dwelling unit shall IOWA CITY PRESS-CITIZEN, a news- be permitted to have a number of roomers in excess of the number' paper published in said county, and that allowed in Section 36-7(c)(1). a notice, a printed copy of which is sac(2 ) 36-8(g)(2).Tion ( povisions of Section hereto attac)ed, was published in said - , 36-8(c)(3) were originally adopted a er / time(s). on the fol- December 30, 1983, and became offec- P P • tire December 31, 1984. The non- lowing date(s): conforming use provisions of this chapter shall not apply after Decem-I ber 31, 1984, with respect to the, nu�/� /9 rmit of roomershanumber if this AA zone. No dwelling unit shall be if permitted to have a number of room- ,`/l�r4-�L_ "'/ ers to excess of the number allowed in Section 36-8(c)(3). Sec3i-1 36)11)9)(1)• (1)10( The Mere adopted of DSecrovisions of ti4 Cashier • 1985. After December 31, 1986, the ' non-conforming use provisions of - this chapter shall not apply with Subscribed and sworn to before me respect to the number of rbmnerspermitted in this zone and no dwell- I ing unit in this zone shall be permitted to have a number of room- thl 0 ay Of/��.]�. ted in excessiof the number permit- ted in Section 36-10(c)(1).the Section 36-11(g)(3). i9 The provisions of Section non-conf(r) were adopted onJune 14f 1985. After December 31, 1986, the non-confouse provisions of this chapter shall not apply with NotaryPublic respect to the number of roamers /157 Q permitted in this zone and no dw@,11- NO. 0 O tog unit in this zone shall be permitted to have a number of room- ers in excess of the number permit- ted in Section 36-11(6)(1). SfCTION 11. REPEALER: All ordinances and . . ., parts of ordinances in Conflict with the OA ' SHARON STUBBS i provision of this'Ordinance are hereby repealed. SECTION III. SEVERABILITY: If any sec- :_..., . .......... -.. tion, provision or part of the Ordinance ! shall be adjudged to be 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 unconsti• tutional. SECTION IV. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as ' required by law. Passed,and approved this 11th day of March, 1986. ATTEST: ayrw/ 1-1 ,6 ,2_/ CITY C ERK 04967 March 19,1986 ORDINANCE NO. 86-3283 ORDINANCE AMENDING THE SIGN REGULATIONS OF THE ZONING ORDINANCE PERTAINING TO THE LOCATION REQUIREMENTS OF SIGNS PERMITTED IN THE TRIANGULAR AREA AT STREET INTERSEC- TIONS. The City Council hereby finds that for zones with no front yard setback require- ment, that signs be subject to a zero setback requirement at street intersec- tions. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Section 36-63(b) (1) , Locational Requirements, is hereby amended by deleting said section and inserting the following in lieu thereof: (1) Except for those zones not requiring a minimum front yard, no billboard, can- opy, free-standing or monument sign or sign support shall be located within a triangular area at street intersections, where the triangle is measured from the intersection of curb lines and its sides are 70 feet in length along arterial streets, 50 feet in length along collector streets, and 30 feet in length along local streets. Signs may project into this area at 10 or more feet above grade. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any sec- tion, provision or part of the Ordinance shall be adjudged to be 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 unconsti- tutional . SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Olt Ordinance No. 86-3283 Page 2 Passed and approved this 25th day of March, 1986. MAYOR ATTEST: 74.2.4.(14,-...) 9,41. �� v CITY CLERK Received & Approved Bye Themgal de artmenf It was moved by McDonald , and seconded by Courtney , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X _ AMBRISCO X BAKER X COURTNEY X DICKSON • • X MCDONALD X STRAIT X ZUBER First consideration 2/25/86 Vote for passage: Ayes: Courtney, Dickson, McDonald, Strait, Zuber, Ambrisco. Nays: Baker. Second consideration 3/11/86 Vote for passage Ayes: Lourtney, McDonald, Strait, Zuber, Ambrisco. Nays: Baker. Absent: Dickson. Date published 4/2/86 .alp CITY OF IOWA CITY CIVIC CENFER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS ) JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3283 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the _ 25th day of perch , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 2nd day of April , 1986 Dated at Iowa City, Iowa, this 5th day of May 19 86 . RAMONA PARROTT DEPUTY CITY CLERK tt= ryI4� �_.. _ ;{r+ r- c .y-5 _ r•rT 0v y;1. 3 } � -4-, r -dry - f�. 1 z - • 4 r ,f- 3 g.fir' �A•r. w'1r ,i f. T � r AQ �L &'� -- .-1 • ar .)::7,1,,,;'•'3:-' *'yL+ 4 .' .-,;_-".",:e.-=';'-•':••)-?- •`' . 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The City Council hereby finds that for CERTIFICATE OF PUBLICATION zones with no front yard setback require- STATE OF IOWA, Johnson Count ,ss: hent, that signs be subject to a zero ' y ' setback requirement at street intersec- THE IOWA CITY PRESS-CITIZEN tions. THEREFORE, BE IT ORDAINED BY THE 'CITY ' COUNCIL OF THE CITY OF IOWA CITY, IOWA, , THAT: I. SECTION I. AMENDMENT. Section Bronwyn S. Van Fossen, being duly 36-63(b)(l)., Locational Requirements, is sworn, saythat I am the cashier of the hereby amended by deleting said section and inserting the following in lieu IOWA CITY PRESS-CITIZEN, a news- thereof: published in said county, and that (I) Except for those zones not requiring paper a minimum front yard, no billboard, can- e notice, a printed copy of which is opy, free-standing or monument sign or hereto attachyd, was published in said sign support shall be located within a paper time(s), on the fol- triangular area at street intersections. where the triangle is measured from the lowing date(s): intersection of curb 'Ines and its sides are 70 feet in length along arterial streets, 50 feet in length along collector streets, and 30 feet in length along local a/ 4 /7/e ^ streets. Signs may project into this area c at 10 or more feet above grade. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the 0214.� o����y� provisions of this Ordinance are hereby -41-r 'f (/ f. �/rd7 repealed. Cashier SECTION III. SEVERABILITY. any sec- shall provision or topartbe ot the Ordinance shall ibeo adjudgedlinvalid hr l no- affectional, such adjudicationf shall not affect the validity of the Ordinance as a Subscribed and sworn to before me whole or any section, provision or part thereof not adjudged invalid or unconsti- /^I tutional. this' day of l c7 , A.D. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in ettect atEer its final 19 b passage, approval and publication as O required by law.approved - Passed and this 25th day of Mardi, 1986. , . oR�.fi—t // . Notary Public Na. I'S I dr2 ATTEST: 7te..:CI . .•t"�+•J 05235 a April 2,1986 I o SHARON STUBBS ORDINANCE N0. 80-3:8 4 AN ORDINANCE AMENDING SECTICN 15-62(A) CF THE CITY CODE CF ORDINANCES, MATING TO REFUSE COLLECTION, TO ESTABLISH LIMITS ON REFUSE PICK LP SERVICE. BE IT ORDAINED BY -DE CITY COWCIL CF IOWA CITY, IOWA, THAT: SECTION I. PURPOSE. The purpose of this ordinance is to limit the City's refuse collection service to those residential dwellings which are best suited to the provision of public refuse collection service. SECTION II. AMENDhENTS. Chapter 15 of the Iowa City Municipal Code entitled "Garbage, Trash and Refuse" is hereby amended as follows: Section 15-2 Definitions is hereby repealed and the following is adopted in lieu thereof: Sec. 15-2. Definitions. For the purposes of this chapter the following terms shall be deemed to have the meanings indicated bel ow: Bulky rubbish means non-putrescible solid wastes consisting of combustible and/or non-cath ustible waste materials which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors, with the equipment available. Collection means removal of solid waste frau its place of storage to the transportation vehicle. Ccmrercial solid waste means solid waste resulting from the operation of any carmercial , industrial , institutional , agricultural or other establisrment and multiple housing facilities with more than four (4) dwelling .nits. Demolition and construction waste means waste materials frau the construction or destruction of residential , industrial or coamiercial structures. Director means the city manager or his/her authorized representative. Disposable solid waste container means disposable plastic or paper sacks specifically designed for storage of solid waste and with a capacity of twenty (20) to thirty-five (35) gallons. Dwelling means a building which is wholly or partially used or intended to be used for residen- tial occupancy. Ihtielling unit means any habitable room or group of adjoining habitable room located within a dwelling and forming a single uiit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating of meals. Ordinance No. 86-3284 Page 2 Garbage means putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food. Hazardous wastes includes but is not limited to pathological wastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materi- als. Occupant means any person, who alone or joint'y or severally with others, shall be in actual possession of any dwelling unit, or of any other improved real property, either as owner or tenant. Processing means incinerating, canposting, bailing, shredding, salvaging, canpacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced. Refuse means solid waste. Residential solid waste m=ans solid waste resulting fran the maintenance and operation of single family, duplex, tri-plea and four-plex dwellings, including solid waste from operation of a have occupation meeting the requirements of the Zoning Ordinance. Roaring unit means any habitable room or group of adjoining habitable roans located within a dwelling and forming a single unit with facilities which are used, or intended to be used, primarily for living and sleeping. A roaming unit shall have bath and toilet facilities available for exclusive use by the occupants or for crnmunal use and, in addition, may have kitchen and dining facilities available for use by the occupants therein. For purposes of this chapter, two (2) roolring units shall be deered the equivalent of one (1) dwelling unit. Solid waste means unwanted or discarded waste materials in a solid or semisolid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special wastes, industrial wastes and demolition and construction wastes. Solid waste container means a receptacle used by any person to store solid waste during the interval between solid waste collections. Solid waste disposal means the process of discarding or getting rid of unwanted material. In particular the final disposition of solid waste. Solid waste management means the entire solid waste system of storage, collection, transportaticn, processing and disposal . Storage means keeping, maintaining or storing solid waste frog the time of its prcductiai until the time of its collection. Ordinance No. 8b-3:81 Page 3 Transportation means the transporting of solid waste from the place of collection or processing to a solid caste processing facility or solid waste disposal area. Yard wastes means grass clippings, leaves, tree and bush trimmings. Subsection 15-62(a) is hereby repealed and the following is adopted in lieu thereof: (a) Residential Dwellings. Once per week, as reasonably possible, the City shall collect all residential solid waste resulting from the operation and maintenance of single-family, duplex, tri-plex, and four-plex dwellings, all as defined in the Zoning Ordinance, when each dwelling or dwelling unit is located on its own lot with frontage on a public street. The Director is authorized to adopt regulations pursuant to which the City may contract to provide residential solid waste collection to other dwellings, and the Director is authorized to. enter into written agreements to collect solid waste from other dwellings. This residential solid waste collection shall be mandatory and private collection shall not be allowed. The City may establish a reasonable fee for this service by resolution. The Director may exempt qualifying dwellings from the applicability of this subsection if he/she finds that the dwelling and an adjacent establishment are part of one complex of buildings serving a unified purpose, and solid Waste from the dwelling is being collected along '.rith commercial solid waste from the adjacent establishment. Those dwellings receiving City refuse collection service on the effective date hereof, and which would net receive such service under the terms of this ordinance, may continue to receive City refuse collection service, but if such service is voluntarily discontinued by the owner of any such dwelling, city refuse collection service shall no longer be available to such dwelling. 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 . Ordinance No. 86-3284 Page 4 SECTION V. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approval this 22nd day of April, 1986. 6L/ F "YOR ATTEST: K Ham,d CITY C • Received & Approved By The Legal Department 1u It was moved by Strait , and seconded by Zuber that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO BAKER COURTNEY _ X DICKSON _ X MCDONALD X STRAIT X ZUBER First consideration 3/25/86 Vote for passage: Ayes: Ambrisco, Courtney, Dickson, McDonald, Strait, Zuber. Nays: None Absent: Baker. (As amended) Second consideration 4/8/86 • Vote for passage Ayes: Strait, Zuber, Ambrisco, Baker, Courtney, Dickson, McDonald. Nays: None. Date published 4/30/86 ti/ CTYCITY OF IOWA ITy CIVIC CENIIER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CW STATE OF IOWA ) SS JOHNSON COUNTY )) I, Ramona Parrott, Deputy 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. 86-3284 which was passed by the City Council of Iowa City, Iowa, ata regu ar meeting held on the 22nd day of April , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 30th day of April , 19 86 Dated at Iowa City, Iowa, this 5th day of May 1986 RAMONA PARROTT EPUTY CITY CLERK OFFICIAL PUBLICATION Trans.,-tatim irons tae Marsportirg of solid Oa1ltYurE b, BG-5284 haste from the plate of collection m fCCESSIy to a solid baste processing facility Cr solid waste R' as:tinta ROPING EECTIDI 15-2(A) IF 11E CITY UisYards tastes reans COI 6 CRINVCFS, IELATI%TO REFUSE m CCUUaTIaI, and bush trr ,rgs. grass clippings, leaves, bore TB 6TO8LISI LD7115 CP TEFIH PICK.IP 56 vICE. Subsection 15-62(a) is hereby repealed ad de R BhDAItfD BY TFE CITYCONCIL IF INCITY, folloirg is mooted in lieu thereof: EE EE I BAT: (a) lsiaatial Battings. Ore per heck. as 10reasonably possible, the City shall collect all SECTION I. RIW'aSE. The residential solid haste resultiy frau the Prpose of this ordinance opeatim and maintenate of single-family, 1s to lanit tie City's refute collettin service to angler, tri-plea, at Tor-plev dellirgs, all those residential dellirgs Mich are best suites to as uefinret in the 2onirg tamer e, then each the piisim of public refuse collection se-vice welling a-dwelling mit is located on its are Sri.TICN II. MfineTis. Delta 15 of the Ioha lot with fruitage an a pislic street. The Lity Rovipai Cade entitled •_rbage, Trash at Director is authorized to adopt regulations refile• is hereby meted as follac: pnasuart to Pion tie City nay contract to Satin, 15-2 Cefinitioa is hardy repealei and provide residential solid haste collection to tie Solladrg is adopted h lieu thereof: Wer'tailings,and the Director is auUvized N3 Sec. 15-2. Oeftnitions. to eta into w-ittm sealants to mliect :v For Me pr{ases of this chap[a tie following solid baste fran other dwell irgs. (/11 terns shall he demes to have the meanings Iticated This residential solid haste collation Printers fee 3 below:lky ritbish rens shall te nardatuy and private collection shall consiistirgf combustible Via- row-catstible reasonablescible solid testes rot be l fee for this service by resolutiorray establish n. CERTIFICATE OF PUBLICATION baste materials Mich ere either ton large or ton The Director ley exmpt pialifyirg delliogs heavy to be safely at conveniently loaded in solid bon the applicability of this subsection if STATE OF IOWA, Johnson County,ss: bastetransportationvSlicles by sal id taste he/she fits that the Palling ad a adjacent THE IOWA CITY PRESS-CITIZEN &pipet available. established are pat of are mph( of Collection lens roma/of solid taste frog its buildings saving a milled proton,at solid place of stomp to the transportation vehicle- haste frau the Selling is beteg collected Canmcial solid haste nems solid haste alpg with camerc;al solid taste frau to result,rg fran tie opeatim of any camrrtial, adjeret establishrent. Those dwellings industrial, institutional, agricultural or other receiving City refuse collection service m the I, establishrmt at nultiple housing facilities with effective date hamf, at Mich hold ret rmre than four(4)Selling units. receive such wire mar the tons of this Bronwyn S. Van Fossen, being duly rowel ition at matnrtim haste ream haste ordinance tray centime to receive City refuse sworn, say that I am the cashier of the materials from the rmstutlm or &st aatip, of collection service, but if ssrh service is IOWA CITY PRESS-CITIZEN, a news- residential, irdmtrial m come-Mal stvttres, voluntarily aismnt;nnm by the acv of any Director emus [M city nonage- m his/he such Belli paper published in said county, and that aehem i�rapresentativelager city refuse m in 5ich&i lung. a notice, a tt,,printed copy of which is Di le solid taste 'mdaire ,rens 2CT1GGl iii 1 Fa All latinahtts at parts hereto attaC�ed, was published in said dish 1p plastic a- pap'- sale specifically ordinances in mallet with the provision of this designed for storage of solid waste at with a ordinate are hereby repealed. paper time(s), on the fol- capacity of tatty (20) to thirty-five(.L)gallons. SECTION Iv SEVERABILITY: If any section, lowing datelsl: Belling mens a building Mich is Molly or pmvis,m apart of the adfnarce shall he adjudged parte y rat or intended to he used for reside,- to be invalid a-ucrostit tional,such adjudication tial occyancy. stall not affect the validity of the Ordinance as a D,ollirg mit neons any habitable ruin u grow Mole ar ay section,prevision or part thereof rut of adjoining habitable roans located within a invalid u:unconstitutional. v Melling ad fuming a single mit with adj� �/ / y used,facilities in,effSECTICN Y. EFFEfte- its Win: This Ord?, appro all be /36 C Miro are used, u are intended m te used, fir n•effect after its final al at Aar q living,sleeping,waking ad retire of reals. paw?, app. I' a/ -� » /�rn j hartage roan bacescible eninal a RbliaSSEd art required by sate .Erefi- ) (fvaratim, Posses appwel this Z2nd day of April, tastes resultirg iron the of food.prapratim, 1980. Cashier cwin9• rb a-cosumtim off , Hazardous wastes includes but is not hated to i`lhyyu l�iC.v.,�(!+-b%..-- paUhoTcgical tastes, explosive wastes, pesticides, DT pesticide containers, tact a' radioactive reteri- ale. y(. - Subscribed and sworn to before me Occupant ram any prism,Mo alone a'jointly Anal.: -CITY CLERK 'f"") or severally with others, shall te M actual DS/ad April 31 lath possession of any Melling mit, a- of any other this Zagiday OI .Q. A.D. proved real property,either as aae m tend. Processing rears Incineating, riposting, 19!Z/' hashes, shae6;y, t sic corpactirg at other . accesses 'hereby solid %tate tlraiaist,cs are modified asolid waste haste is reduced. `_�4I//sl-Cts fied a'rems solid taste. Ikfusemeal solid haste fleets solid taste subtly from the maintaaare and opeatim of Notary Public single family, dhplcx, tri-plea at faro-pier Mailings, incluNe solid haste from operation of a hone ion meting the rapirermts of the NO.l/5` o V ZoningOrdinance. bonng mit nears any habitable ruin m group of adjoilnhabitable mons located within a Melling fuming a single unit with facilities .. .. Mich are usa1, Cr intended to be used, tinnily •" v SHARON ST(JBBS fie-living ad sleeping. A canning mit small have m . bath at toilet facilities available fu exclusive use by the occtnnts or for camel me ad, in --- - -. - ' ' a itim, my have kltchm at dining facilities available for use by tie ocapants teein. Fr proposes of this dept'', two (2) roaring knits shall te awned tie eyiralent of are (I) Melling unit. Solid taste nems medal or discarded haste materials In a solid m semisolid state, ieclu:fog but rot lint to garbage, ashes, street refuse, rubbish, deal animals, animal at agricultural wastes, yard tastes, discarded appliances, special wastes, industrial basffi at denolitim and mstructim wastes. Solid taste cattier rens a receptacle used by i , any person to store soil haste during the interval baleen solid taste collections. Solid taste disposal nam the access of dlscaniirg or getting rid of'mental neterial, In particular the final disposition of solid waste, i Solid waste t means tie entire solid haste systen of storaye,co lector,transportation, pocessi g ad disposal. Ste-ale rens kagirg, neintainhg or storing solf fore the the of its predation mill the tine of its collection, ORDINANCE NO. 86-3285 AN ORDINANCE TO CHANGE THE NAME OF FORMER U.S. HIGHWAY 218 SOUTH OF U.S. HIGHWAYS 6 AND 1 TO "OLD HIGHWAY 218 SOUTH." With the recent opening of new U.S. High- way 218 on the west side of Iowa City, former U.S. Highway 218 south of U.S. Highways 6 and 1 became an unmarked pri- mary road. As a result, it is necessary to properly identify the street which was formerly U.S. Highway 218. Due to the number of established businesses and residents having Highway 218 South as their address, the City Council finds that it is within the City' s best interest to retain as much of the former name as possible. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I . That the name of former U.S. Highway 218 south of U.S. Highways 6 and 1, is hereby changed to Old Highway 218 South . SECTION II . This ordinance shall be in full force and effect when published by law. SECTION III . REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any sec- tion, provision or part of the Ordinance shall be adjudged to be 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 unconsti- tutional . SECTION VI . EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 6th day of May, 1986. iia/;Aioc-00<- MAYOR ATTEST: CITY CLERK It was moved by Strait , and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were : AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY DICKSON X MC DO NA LD STRAIT X ZUBER First consideration 4/22/86 Vote for passage: Ayes: Courtney, Strait, Zuber, Ambrisco, Baker. Nays: None. Absent: Dickson, McDonald. Second consideration )00000( Vote for passage Date published 5/14/86 Moved by Strait, seconded by McDonald, 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: Courtney, Dickson, McDonald, Strait, Zuber, Baker. Nays: none. Absent: Ambrisco. Receiv q & Approved By F3,, _.,, r.• ,1.,yent 20i/A ,/., CITY OF OWA C TY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CCO STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3285 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the (nth day of , 19 6 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 14th day of Maly , 19 86 Dated at Iowa City, Iowa, this 50th day of \Ltd- 19 86 . RAM A PARROTT DEPUTY CITY CLERK • 1Y 24 OFFICIAL PUBLICATION Printers fee s/f/' ORDINANCE NO. 86-3285 AN ORDINANCE TO CHANGE THE NAME OF FORMER CERTIFICATE OF PUBLICATION U.S.AND 1HTOHWAY'OLD 218 SOUTH OF U.S.N HIGHWAY 218 SOUTH.'HIGHWAYS 6 STATE OF IOWA, Johnson County,ss: with the recent opening of new U.S. High- THE IOWA CITY PRESS-CITIZEN way 218 on the west side of Iowa City, forger; U.S. Highway 218 south of U.S. Highwitys 6 and 1 became an unnarked pri- . mary rbed. As a result, it is necessary to properly identify the street which was I. formerly U.S. Highway 218. Due to the nunter of established businesses and Bronwyn S. Van Fossen, being duly residents having Highway 218 South as sworn, say that I am the cashier of thetheir address, the City Council finds that IOWA CITY PRESS-CITIZEN, anews- it is within the City's best interest to retain as much of the former name as paper published in said county, and that - possible. a notice, a printed copy of which is NOW, THEREFORE, BE IT ORDAINED BY THE CITY hereto attar7�hed, was published in said COUNCIL OF IOWA CIN, IOWA: paper ( time(s), on the fol- SECTION T. That the name of former U.S. lowing date(s): Highway 218 south of U.S. Highways 6 and 1, is hereby changed to Old Highway 218 South. SECTION. II. This ordinance shall be in fit-it e,l�j/, `I /V /7// toll force and effect when published by 7CL�'�Y��� � lI�OO� �`-�r � rep. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. Cashier SECTION IV. SEVERABILITY. Iany sec- _ tion, provision or part in theiOrdinance shall be adjudged to be invalid or uncon- stitutional, such adjudication shall not affect the validity of the Ordinance as a Subscribed and sworn to before me whole or any section, provision or part thereof not adjudged invalid or unconsti- thisathis i day of �/ 1/ A.D. SECTION VI. EFFECTIVE DATE. This Ordi- nance shall be in effect atter its final 19 76 / ,required by larvovalw. and publication as Passed and approved this 6th day of MAY. 1986. /6"--/80 Notary Public No./ ATTEST: 06009 ITV 7/11.: _, CLER ' May 14,1906 t SHARON STUBBS . ORDINANCE NO. 86-3286 ORDINANCE AMENDING THE ZONING REGULATIONS CONCERNING MONUMENT SIGNS IN THE CB-10 ZONE. The City Council hereby finds that greater flexibility is required when specifying the intended height and area of monument signs permitted in the CB-10 zone. Not all properties are or will be developed with a zero front yard setback in the CB-10 zone which is the expectation underlying the current ordinance. For those properties with a front yard set- back, incremental increases in sign height and area are to be permitted if the monu- ment sign is not placed at the point closest to the front property line. This permits greater flexibility in sign place- ment on the property without disrupting the aesthetic character of the Central Business District. A clarification of the definition of monument signs is also provided as it applies to all zones . The new definition clarifies the intended function and char- acter of monument signs and will alleviate confusion on what is a monument sign. SECTION I . AMENDMENTS. 1 . Section 36-62(c) (5)a. is amended by the addition of the following subsec- tion: 6. One monument sign identifying not more than four (4) business names. 2. Sections 36-61(m) (2) and Section 36-62(c) (5)b.1. , of the Code of Ordi- nances are hereby deleted in their entirety and the following are in- serted in lieu thereof: Section 36-61(m) . Definitions. (2) Monument sign. A sign displaying the name, address , crest , insignia or trademark, occupation or profession of occupants of a building or the name of the building and which is firmly an- chored to the ground. Such a sign does not contain any advertising or promotional information . 3. Section 36-62(c) (5)c.2. is amended by the addition of the following new subsection . e. Si '. Monument Maximum Area and Height. The maximum sign area (no sign face may exceed one-half the maximum 4141 2 allowable area) and height above grade shall not exceed the areas and heights shown below, based upon the distance between the closest part of the sign and the closest property/right-of-way line: Distance Between Maximum Sign Location and Height Property/Right-of- Maximum Above Way Line Allowable Area Grade 0" - 9111" 48 sq. ft. ft. 10' - 14'11" 51 • 15' - 19'11" 54 20' - 24'11" 57 25' - 29'11" 60 30' - 34'11" 63 35' - 39'11" 66 40' - 44'11" 69 45' and above 72 3 SECTION II . REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III . SEVERABILITY. If any sec- tion , provision or part of the Ordinance shall be adjudged to be 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 unconsti- tutional . SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 6th day of May, 1986. MAYOR protein ATTEST: y7aa,e..,4) a44.) CITY C ERK 4ZZVe6 V'. It was moved by Strait , and seconded by McDonald , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X _ • DICKSON X MCDONALD X STRAIT X ZUBER First consideration 4/22/86 Vote for passage: Ayes: Baker, Courtney, Strait, Zuber, Ambrisco. Nays: None. Absent: Dickson, McDonald. Second consideration XXXX Vote for passage Date published 5/14/86 Moved by Strait, seconded by McDonald, 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: Baker, Courtney, Dickson, McDonald, Strait, Zuber. Nays: None. Absent: Ambrisco. V/ CITY OF IOWA CITY CMC CENIER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CcO STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3286 which was passed by the City Council of Iowa City, Iowa, at a regu ar meeting held on the 6th day of May , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 14th day of May , 19 86 Dated at Iowa City, Iowa, this 30th day of May 1986 RA-1NA PARROTT DEPUTY CITY CLERK OFFICIAL PUBLICATION ORDINANCE NO. 86-328h CONCERNINGORDINANCE AMENDING UMENT THE SIGNSI REGULATIONSNG IN THE CB-141 ZONE. The City Council hereby finds that greater flexibility is required when specifying the intended height and area of monument signs permitted in the C14-10 zone, Not all properties are or will be developed with a zero front yard setback in the CB-10 Zone which is the expectation • underlying te tic with tot ofrdont nce.yard backproperties set- back, incremental increasesin a if l n n theono- end area are to be permitted clot sign not placed at the point closesttthe the front property line. This ri7Permits greater flexibility in sign place- -tent on the property without disrupting 3 the aesthetic character of the Central Printers fee 3� Business District. A clarification of the derdefinition it monument signs is also P aonlies to all zones. The new definition CERTIFICATE OI IOWA, Johnson PUBLICATION clarifies the Intended function and char- STATE OF County,ss: confusion monument n what signsmand wills alleviate THE IOWA CITY PRESS•CITIZEN SECTION I. AMENDMENTS. 1. Section j6-62(C)(b)a. is amended by the addition of the following subsec- , tion: • I, 6. One monument sign identifying not i more than four (4) business names. 2. Sections 36-61(m)(2) and Section Bronwyn S. Van Fossen, being duly nancesc)(re , of the Code of ordi- sworn, say that I am the cashier of the mantes are hereby deleted in their entirety and the following are in- IOWA CITY PRESS-CITIZEN, a news- Sesect in lieu thereof: 1 Section 36-61(m), Definitions. I paper published in said county, and that (2) Monument sign. A sign displaying a notice, a printed copy of which is hereto atta9ed, was published in saidthe name, address, crest, insignia or trademark, occupation or profession of paper timelsl, on the fol- occupants of a building or the name of lowin date S : the building and which is firmly an- g ( ) chored to the ground. Such a sign does not contain any advertising or promotional information. /1 �/� /7�� 3. Section tioo(5)t.e. is amendedwingby C� the on addition6 )of( the following new subsection. e. St gl. Monument ln/' Fnximum Area and Height. The IA 'A0„1 /f 14 Le maximum sign area (no sign face - Iry✓g •�l `�r may exceed one-half the maximum Cashierallowable area) and height above grade shall not exceed the areas and heights shown below, based upon the distance between the Subscribed and sworn to before me closest part of the sign and the closest propertyfright-of-way �� 7� line: this�G=LSd�day of A.D. distend aet„een mximtrn 19 it Sign Wa Location and Madman 5 u e /T{i�—(�� Way Line Lllowa:le Area &rape / tI�TTII{r(r(r"11/tJ/ 10' -14'11' 51 15' - 19'11• 5e Q�Z�L �� i'I' .3a'll• 51 25' -29'11' 60 Notary Public 35' -39'13• ad No. rJ 51.O t f44'11' 6 40' - 'lf•Kea 72 6' end,ma SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the prow islon of this ordinance are hereby o'.:44 z SHARON STU86S repealed. ' 6. SECTION III. SEVERABILITY. If any sec- tion, provision or part of the Ordinance shall be adjudged to be 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 unconsti- tutional. SECTIdi- • nance0N shalll be EFFECTIVE effectATE.after Oits final passage, approval and publication as required by law. Passed and approved this 6th day of May, 1936. A4 4l, MAYOR psc4re ATTEST: 74f42...) / "., TY CLERK 06017 May14.1966 ORDINANCE NO. 86-3287 ORDINANCE TO AMEND THE LARGE SCALE NON-RESIDENTIAL DEVELOPMENT REGULATIONS, CHAPTER 27 OF THE IOWA CITY MUNICIPAL CODE, TO PERMIT ADMINISTRATIVE APPROVAL OF FINAL PLANS. WHEREAS, the City of Iowa City wishes to enhance development opportunities within the City and provide landowners and devel - opers with the ability to respond quickly to new or expanding business proposals ; and WHEREAS, it is equally important to the citizens of Iowa City and the economic health of the community to maintain the quality of life we enjoy here ; and WHEREAS, the Large Scale Non-Residential Development regulations are intended to provide adequate review of such develop- ment without impeding development ; and WHEREAS, those regulations require amend- ment for clarity of usage and to provide some flexibility in the marketing of developable parcels . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: SECTION I . AMENDMENTS. That Chapter 27, Article III , Division 2 shall be amended by deleting said Division and inserting in lieu thereof the following: DIVISION 2. NON-RESIDENTIAL Sec . 27-36. Definition . As used in this division , the term "large scale non-residential develop- ment" shall mean an office , commercial or industrial building built upon a separate tract equal to or greater than two (2) acres in area . Sec . 27-37. Requirements - Preliminary plan . Whenever the owner of a tract of land wishes to secure a building permit for an office , commercial or industrial building on a tract of land of a size as described in section 27-36 of this division , he/she shall submit to the IL `f 8 2 city twelve (12) copies of a preliminary plan and application for preliminary approval in accordance with the require- ments of this division . The preliminary plan shall be composed of two (2) parts : The existing site plan , and the develop- ment site plan. (a) Existing site plan. A plan of the existing conditions of the area proposed for development shall include: (1) Location map. (2) Contours at five (5) feet inter- vals or less . (3) Approximate location of all ex- isting streets and public utili- ties . (b) Development site plan. The pre- liminary plan of the proposed develop- ment shall include: (1) General land use arrangement show- ing proposed location of buildings, approximate size of buildings, general use of the buildings (major department store, automobile serv- ice station , specialty retail , manufacturing , wholesaling , etc .) , proposed location of any public or semi-public areas (malls, arcades , park-ways, parks, etc.) (2) Traffic circulation pattern showing the transportation system proposed for the development area including automobile, railroad , bus and pedestrian elements. Traffic circu- lation patterns shall also indicate all of the proposed access points to the development area . (3) Parking facilities showing the areas to be used for public and private parking and the approximate capacity of these. (4) The proposed methods of buffering the development area to adjacent land uses shall be shown (walls, fences , planting strips , open spaces , etc .) . (5) The preliminary plan may set rea- sonable parameters relating to use, parking requirements , landscaping access points and the footprint of each building within the develop- ment. A letter outlining a tenta- tive time schedule for development shall be submitted by the owner/applicant. V9 3 (6) The preliminary development plan shall also show information of general interest including legal description of the tract, develop- ment name, north point, scale, date, approximate acreage and name of owner. The preliminary plan shall be drawn to a scale of not less than one (1) inch to one hundred (100) feet. Sec. 27-38. Same - Preliminary plan fee. A fee shall be paid at the time the preliminary plan required by this divi- sion is submitted to the city, in an amount to be established by resolution. Sec. 27-39. Procedure - Preliminary plan approval . Upon filing of the preliminary plan required by this division the City Clerk shall submit the plan to the City Man- ager. The City Manager shall cause the same to be examined in order to assure compliance with the requirements of this chapter and of all other applicable City ordinances. The Planning and Zoning Commission shall also study the prelimi- nary plan and review the reports of the City Manager and shall approve or reject the same within forty-five (45) days after the submission thereof to the City Clerk, by filing their recommendation with the clerk. If the commission does not act within forty-five (45) days the plan shall be deemed to be approved , provided however, the applicant may agree to an extension of time. The City Council shall , after receiving the recommendation of the Planning and Zoning Commission , or after the time of any extension thereof is passed for the Commission to file its recommendation , make tentative approval or rejection of such preliminary plan. The approval of the preliminary plan by the Council does not constitute the approval of the de- velopment but is merely an authorization to proceed with the preparation of the final plan based on the parameters set in the preliminary plan . Approval of the preliminary plan shall be effective for a period of twenty-four (24) months unless , upon written request of the applicant, the council grants a twelve (12) month extension of time. If the SD 4 final plan is not filed with the City Clerk within the period of time speci- fied above, all previous action of the City with respect to the preliminary plan shall be deemed to be null and void. If a building permit has not been issued within thirty-six (36) months of the date of original preliminary plan approval , a new preliminary plan must be approved according to the procedures. of Section 27.39. In no case shall approval of the preliminary plan conflict with any zoning ordinance or map or have the effect of nullifying the intent of this division. Sec. 27-40. Requirements - Final plan. Three (3) copies of the proposed final plan of a proposed large scale non-residential development shall be submitted shall be accompanied by: (1) A signed statement of intent from the developer including : a. Evidence of ownership of the property or options to purchase or concurrence in the applica- tion by the owner. b . A description of the proposed development. c. An intended time schedule for the completion of the develop- _ ment. (2) All instruments relating to pro- posed easements and dedications of land for public uses (streets, alleys, malls , arcades, parks, etc.) . (3) A petition signed by the owner and his/her spouse petitioning the city council to pave any streets abut- ting such tract, which petition waives notice of time and place of hearing and waives statutory pro- tection and limitations as to cost and assessment. (4) An agreement providing that all public improvements and installa- tions shown on the plan, and re- quired by the city, have been or will be made. Sec. 27-41. Procedure - Final plan . The final plan shall meet all of the re- quirements of Section 27-40 and shall be specific within the parameters set by _4"/ 5 the approved preliminary plan . In the event the final plan submitted does not deviate from the parameters of the preliminary plan and review by the city reveals that all plans and specifica- tions for the construction of improve- ments as required by the city have been met, the final plan shall be approved by the City Manager or his/her designee prior to issuance of a building permit unless both the city and the owner waive the requirement in writing. A final plan which does not fall within the parameters set by the preliminary plan or which does not show compliance with all applicable City ordinances shall require approval according to procedures set forth for preliminary plans in Section 27-39. In no case shall ap- proval of the preliminary or final plan conflict with any zoning ordinance or map or have the effect of nullifying the intent of this division . Sec. 27-42. Same - Final plan fee. A fee, in an amount to be established by resolution , shall be paid at the time the final plan , or a combination of preliminary and final plans , is submit- ted to the city. Sec. 27-43. Improvements . (a) Specifications. The type of con- struction and materials, the meth- ods , the standards of a development or improvement under this division shall be equal to the current speci- fications of the city for like work. Plans and specifications shall be submitted to the City Manager for approval prior to construction and the construction shall not be started until the plans and specifi- cations have been approved. (b) Inspection. The City Manager shall cause the installation of all im- provements to be inspected to ensure compliance with the requirements of this division . The cost of such inspection shall be borne by the developer and shall be the actual cost of the inspection to the city. (c) Streets and other public ways. Streets and other public ways in developments covered by this divi- sion shall conform to the following: Sa2 6 (1) The development shall make provision for the continuation and extension of streets as required by the city and shall conform to the Comprehensive Plan . (2) Streets carrying or which have the potential of carrying non-residential traffic, espe- cially truck traffic , shall not normally be extended to the boundaries of adjacent existing and potential residential areas, or connected to streets intended for predominantly residential traffic. • (3) Proposed points of access onto public streets and ways shall be shown. Special requirements may be imposed by the city with respect to street, curb, gutter and sidewalk design and construction when necessary to accommodate unusual traffic condi- tions created by the proposed devel- opment. In the event the city requires extra width streets for the continuation of arterial or collec- tor streets (and not solely to accommodate the traffic generated by the proposed development) , the city shall pay for the excess pavement required over that required for a twenty-eight (28) foot local resi- dential street. This excess shall be considered a strip in the center of the pavement. The cost of this shall be calculated by the city engineering office. (d) Sewers. The developer shall provide the development with a sanitary sewer system which shall connect with the sanitary outlet approved by the city manager. The sewer shall extend to the development boundaries as necessary to provide for the extension of sewers by adjacent property. In the event the city requires a sewer system which has a capacity greater than is needed to service the development itself, the city shall pay on a pro rata basis for the excess costs over that which is necessary to service the develop- ment itself. Other developments or subdivisions which connect with such 7 systems shall on a pro rata basis reimburse the city for the cost of the additional systems which shall service that area. (e) Storm drains. The developer shall provide the development with ade- quate drains, ditches, culverts , complete bridges , storm sewers, intakes and manholes to provide for the collection and removal of all surface waters . These improvements shall extend to the boundaries of the development as necessary to provide for extension by adjoining properties . In the event that the city requires a storm drain system which has capacity greater than is needed to service the development itself, the city shall pay on a pro rata basis for the excess costs over that which is necessary to service the development itself. Other developments or subdivisions which connect with such system shall on a pro rata basis reimburse the city for the cost of the initial system which shall service that area. (f) Water. The developer shall provide the development with a complete water main supply system, including hydrants, valves and all other appurtenances which shall be ex- tended to the boundaries of the development as necessary to provide for extension by adjoining proper- ties and which shall be connected to the municipal water system. (g) Sidewalks. A four (4) foot wide concrete sidewalk shall be provided and shall be located pursuant to Chapter 31 of this Code of Ordi- nances . Sec. 27-44. Building permits . (a) No building permits will be issued for a large scale non-residential development until approval of the final plan and attendant docu- ments . (b) If the developer knows the stages or phases of his/her project at the time of preliminary plan approval , the supporting elements for each phase may be specified by the planning and zoning commission at that time. Required buffering , S41 8 parking and transportation facili- ties , which were specified by the planning and zoning commission as being necessary to support the stage or phase of the development for which the building permit is desired shall be included in the building permit. Sec. 27-45. Exceptions to division . (a) Modification of requirements. If in the case of a particular pro- posed development, it can be shown that strict compliance with the requirements in this division would / result in extraordinary hardship to the developer because of unusual topography, excessive costs, or other non-self-inflicted condi- tions, or that these conditions would result in prohibiting the achievements of the objectives of this division , the planning and zoning commission may vary, modify, or waive general requirements so that substantial justice may be done and the public interest se- cured, provided, however, that such variance, modification or waiver will not have an effect on nullifying the intent and purpose of this division. (b) Limitations. No variation or modification shall be more than a minimum easing of the general requirements and in no instance shall it be in conflict with any zoning ordinance or map. Such variations and waivers may be granted by an affirmative vote of the members of the commission . In granting variations and modifica- tions, the commission may require such conditions as will in the judgment of the commission secure substantially the objectives of the requirements so varied and modi- fied. (c) Unusual plans . This division shall not preclude the approval of devel- opment designs of an unusual type if, in the opinion of the planning and zoning commission , the general and aesthetic merit, the preserva- tion of natural and topographic features and the prospective .SS 9 enhancement of the community would warrant the waiving of technical requirements as set forth in this division . (d) Council action. In all cases of variance, modification or a waiver of the general requirements it will be necessary to have the city coun- cil approve the same and note this fact in the resolution approving the development plan . The council may also modify, vary or waive the general requirements on its motion for good reasons 'shown , even if the planning commission refused to do so. Sec. 27-46. Temporary buildings. (a) Temporary buildings shall be exempt from the provision of this chapter. For the purpose of this chapter, a temporary building shall be defined as a structure which shall remain on the site for less than (2) years and its occupancy or use shall be limited to services which shall be performed 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 the 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 (2) years specified herein . If special circumstances require an extension of the use , the building inspector may grant an extension not to exceed six (6) months . 5G, SECTION II . REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III . SEVERABILITY: If any sec- tion, provision or part of the Ordinance shall be adjudged to be 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 unconsti- tutional . SECTION IV. EFFECTIVE DATE: This Ordi- nance shall be in ettect atter its final passage, approval and publication as required by law. Passed and approved this 6th day of May, 1986. 4S4iC4,€><- MAYOR pray"tem ATTEST: 04L1„1,,4) 7t"��4J CITY CLERK Received $ Approveci By The Legal Department S7 It was moved by Strait , and seconded by Courtney , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY • X DICKSON X MCDONALD X STRAIT X ZUBER First consideration 4/22/86 Vote for passage: Ayes: Zuber, Ambrisco, Baker, Courtney, Strait. Nays: None. Absent: Dickson, McDonald. Second consideration XXXXX Vote for passage Date published 6/14/86 Moved by Strait, seconded by Courtney, 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: Zuber, Baker, Courtney, Dickson, McDonald, Strait. Nays: None Absent: Ambrisco. CITY OF IOWA .v C"' IT CIVIC CEN(ER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 85-3287 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of may , 1986 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 14th day of May , 19 86 Dated at Iowa City, Iowa, this 30th day of Mny. 1986 RAMONA PARROTT DEPUTY CITY CLERK - - OFFICIAL PUBLICATION "A OFFICIAL PUBLICATION �— - 1 Sec.-27-39. Procedure - Preliminary plan ORDINANCE NO.86-3287 approval. Upon filing of the preliminary plan ORDI TO AMEND THE LARGE SCALE required by this division the City Clerk NON- IDENTIAL DEVELOPMENT REGULATIONS, shall submit the plan to the City.an- CHAPTER 27 OF THE IOWA CITY MUNICIPAL ager, The City Manager shall cause"the ICODE, TO PERMIT ADMINISTRATIVE APPROVAL OF same to be examined in order to assure compliance with the requirements of this FINAL PLANS, chapter and of all other applicable City WHEREAS, the City of Iowa City wishes to ordinances, The Planning and Zoning 'enhance _Mvyiopeent opportunities within Commission shall also study the prelimi- the City mrd provide landowners and devel- nary plan and review the reports of the opers r5 k the ahfl ty to respond gthey sameQewith nr and s forty-fivhall e e(45)or tedays to new. pendingbusiness proposals; after the submission thereof to the City and F Clerk, by filing their recommendation WHEREAS) 'it Is Is equally important to the with the clerk. If the commission does 1 citizens of Iowa' City an& the economic not act within forty-five (45) days the h health of the community. to maintain the Plan shall be deemed to be approved, quality of life we enjoy here;.and provided however, the applicant may ( agree to an extension of time. The City �jr� �- WHEREAS, the barge Scale Non-Residential Council shall, after receiving the Printers fee$��d+ Development regulations are intended to recommendation of the Planning and wprovide adequate review of such develop- Zoning Commission, or after the time of ent without Impeding development;and p any extension thereof is passed for the CERTIFICATE OF PUBLICATION Cake tentativeon to file its reconnection of WHEREAS, those regulations require amend- make approval or rejection of 1 STATE OF IOWA,Johnson County,ss: ment for clarity of usage and to providessuchthe preliminary plan. The approval of THE IOWA CITY PRESS-CITIZEN developable e flexibility in the marketing of not constitute Che rapproval othe f the doescil velopment butis merely an authorization NOW, THEREFORE, BE IT ORDAINED BY THE CITY to proceed with the preparation of the COUNCIL OF THE CITY OF IOWA CITY: final plan based on the parameters set ' In the preliminary plan. Approval of SECTION I. AMENDMENTS. That Chapter 27, the preliminary plan shall be effective I. Article {{1, Olvision 2 shall be amended for a period of twenty-four (24) months unless Bronwyn S. Van Fossen, being duly by deleting said Divisign and inserting in ,nt, the council grants a twelve upon written request of the sworn, say that. I am the cashier of the lieu thereof the following: applica (12) month extension of time. If the IOWA CITY PRESS-CITIZEN, a news- DIVISION 2. NON-RESIDENTIAL final plan is not filed with the City Clerk within the period of time specs- paper published in said county, and that a notice, a printed copy of which is Sec. 27-36. Definition. fled above, all previous action of the As used in this division, the term City with respect to the preliminary hereto attached, was published in said 'large scale' non-residential' develop- plan shall be deemed to be null and paper / finals), on the fol- mist shall mean an office, commercial If a building permit has not been lowingdate(SI: industrial' building built upon a issued within thirty-six (36) months of -te tract equal to or greater than the date of original preliminary plan ':(2) acres in area, approval, a new preliminary.plan must be approved according to the procedures of /` _ / Sec, 27.37, Requirements - Preliminary Section 27.39, `ter/,y/J�j /,J ! plan. Whenever to the owner of a tract of land zoning mord plan conflict with any A �,s wishes secure a building permit for zoning ordinance or map or have the 5`_____J_ /r� ^� 1 an office, tract o al or industrial effect of nullifying the intent of this ii building on a tract of food of a size as division, described in section 27-36 of this Cashier division, he/she shall submit to the Sec. 27-40. Requirements - Final plan, city twelve (12) copies of a preliminary -Three (3) copies of the proposed final plan and application for preliminary non res if/dential proposed l �se nall cale ' approval in accordance with the require- Subscribed and sworn to before me ments of this division. The preliminary submitted shall be accompanied by, plan shall be composed of two (2) parts: (1) A signed statement of intent from '7�t 1//�q '�/y/t( The existing site plan,.and the develop-. the developer including: thi'saLLtday of Y /f Q-1 / , A.D. meet site plan, a. Evidence of ownership uofr the // (a) Existing site plan. A plan of the property or options to purchase existing conditions of the area proposed or concurrence in the applica- for development shall include: tion by the owner. 19 (I) Location map. b. A description of the proposed vs (2) Contours at five (5) feet inter- development. C---161A-LO vols or less. c. An intended Circe schedule for (3) Approximate locationsnd of all ex- C---(2...01-4-43%`". the completion of the develop- (3) streets and public ut11i- ment. (2) All instruments relatingto pro- Notary Public ties. (b) Development site plan. The pre. Dosed easements and dedications of No./WI 1iminary plan. of the proposed develop- land for public uses (streets, No. Q ment shall include: alleys, malls, arcades, parks, /!__ __ (I) General land use arrangement show- etc.). ing proposed location of buildings, (3) A petition signed by the owner and his/her spouse petitioning the city approximate size of buildings, o SHARON STU88S general use of the buildings (major council to pave any streets abut- . department store, automobile serv-' ting such tract, which petition ice station, specialty retail, waives notice of time and place of 'Y manufacturing, wholesaling, etc.),, hearing and waives statutory pro- proposed location of any public or taction and limitations as to cost semi-public areas (malls, arcades, and assessment. park-ways, parks, etc.) (4) An agreement providing that all (2) Traffic circulation pattern showing public Improvements and installa- • the transportation system proposed tions shown on the plan, and re- for the development area including quired by the city, have been or automobile, railroad, bus and will be made, pedestrian elements. Traffic circu- Final 1 os patterns shall also indicate sec. 27-41. Procedure - p an. lati The final plan shall meet all of the re- all of the proposed access points to the development area. quirenents of Section 27-40 and shall be (3) Parking facilities showing the specific within the parameters set by areas to be used for public and the approved preliminary plan. In the private parking and the approximate event the final plan submitted does not capacity of these• deviate from the parameters of the (4) The proposed methods of buffering the development area to adjacent preliminary plan and review by the city reveals that all plans and specifice- land uses shall be shown (walls, fences, planting strips, open tions for the construction of improve- ments as required by the city have been spaces, etc.), met, the final plan shall be approved by (5) The preliminary plan may .set rea- the City Manager or his/her designee sonable parameters relating to use, prior to issuance of a building permit parking requirements, landscaping unless both the city and the owner waive -— — - -- _ __. _ _— access points and the footprint of the requirement in writing. A final each.buildlny withlq the develop- plan which does not fall within the I went. A letter outlining a tenta- parameters set by the preliminary plan tire time schedule for development or which doesnot show compliance with ' shall be submitted by the all applicable City ordinances shall . owner/applicant. —_ __ require approval according to procedures (6) The preliminary -development plan set forth for preliminary plans in hall also skew information of Section 27-39, In no case shall ap- general interest including legal prove] of the preliminary or final plan , description of the tract, develop- conflict with any zoning ordinance or ment name, north point,.: scale, map.or have the effect of nullifying the date, approximate acreage and name intent of this division. of owner. The preliminary plan shall be drawn to a scale of not Sec. 27-42. Same - Final plan fee, less than one (1) inch to one A fee, in an amount to be established by hundred (1C0) feet, resolution, shall be paid at the time the final plan, or a combination of Sec. 27-38. Same - Preliminary plan fee. preliminary and final plans, Is submit- i A fee shall be paid at the timethe ted to the city. preliwimary plan required by this divi- , slum is submitted to the city, in an Sec. 27-47. Improvements. amount to be established by resolution. (aj. Specifications. The type of con- ------- stryl:Tion and materials, the meth- 1 OFFICIAL PUBLICATION OFFICIAL PUBLICATION 1 ods, the standards of a development time of preliminary plan approval, • or improvement under this division the supporting elements for each • shall be equal to the current sped- phase may be specified by the 1Mentions of the city for like work. planning and zoning commission at ( Plans and specifications shall be' that time. Required buffering, submitted to the City Manager for parking and transportation fetid- . approval prior to construction and ties, which were specified by the the construction shall not be planning and zoning commission as started until the plans and specifi- being necessary to support the 'm cations have been approved, stage or phase of the development m (b) Inspection, The City Manager shall for which the building permit is cause the installation of all im-" desired shall be included in the' provements to be inspected to ensure building permit. compliance with the requirements of this division. The cost of such Sec,.27-45. Exceptions to division. 1 inspection shall be borne by the developer and. shall be the actual (a) Modification of requirements. I- i pro- cost of the inspection to the city, o the case of a particular posed development, it can be shown (c) Streets and other ublic wa s, that strict this division with the Streets an a er pu c ways n requirements in this division would developments covered by this wivi- result in extraordinary hardship to _sion shall conform to the following: the developer because of unusual (1) The development shall make topography, excessive costs, or provision for the continuation other non-self-inflicted condi- and extension of streets as tions, or that these conditions required by the city and shall would resultin prohibiting the conform to the Comprehensive achievements of the objectives of Plan. this division, the planning and• (2) Streets carrying or which have zoning commission may vary, modify, the potential of carrying or waive general requirements so non-residential traffic, espe- that substantial justice may be cially truck traffic, shall not done and the public interest se- normally be extended to thecured, provided, however, that such boundaries of,adjacent existing variance, modification or waiver and potential residential areas, will not have an effect on or connected to streets intended nullifying the intentand purpose for predominantly residential of this division. traffic. (b) Limitations. No variation or (3) Proposed points of access onto modificationshall be. More than a public streets and ways shall be .• minimum easing of the general shown. requirements and in no instance Special requirements may be imposed shall it be in conflict with any by the city with respect to street, zoning ordinance or map. Such curb, gutter and sidewalk design and variations and waiversmay^ be construction ' when necessary to grantedby an affirmative vote_of acconmwdate unusual traffic condi- the members of the commission, 'In tions created by the proposed devel- granting variations and modifica- opment. In the event the city tions, the commission may require requires extra width streets for the such conditions as will in the continuation of arterial or collec- judgment of the commission .secure tor streets (and not solely to substantially the objectives of the accommodate the traffic generated by requirements so varied and nodi- the proposed development), the city fied. shall pay for the excess pavement. (c) Unusual plans. This division shall required over that required for a not preclude the approval of devel- twenty-eight (28) foot local resi- opment designs of an unusual type dential street. This excess shall if, in the opinion of the planning be considered a strip in thecenter and zoning commission, the general of the pavement. The cost of this and aesthetic merit, the preserve- shall be calculated by the city ' tion of natural and topographic engineering office. _ features and the prospective (d) Sewers. The developer shall provide enhancement of the community would the developmentwith a sanitary warrant the, waiving .of technical sewer system which shall connect requirements as.set forth in this with the sanitary outlet approved'by division. . . the city manager. The sewer shall (d) Council action. In all cases of extend to the development boundaries variance, modification or a waiver as necessary to provide for the of the general requirements it will extension of sewers by adjacent benecessary to have the city coun- property. In the event the city oil approve the same and note this , requires a sewer system which has a fact in the resolution approving , capacity greater than is needed to the development plan. The council service the development itself, the may also modify, vary or waive the city shall pay on a pro rata basis general requirements on its motion far the excess costs over that,which for good reasons shown, even if the is necessary to servicethedevelop-- planning commission refused to, do , ment. itself. Other developments or so. _subdivisions which connect with such systems shall on a pro rafaThalis Sec. 27-46. Temporary buildings. reimburse the city for the cost of (a) Temporary buildings shall be exempt the additional systems which shall from the'provision of this chapter. service that area. ' For the purpose of this chapter. a (e) Storm drains. The developer shall temporary building shell be defined provide the development with ode- as a structure which shallremain quote drains, ditches, culverts, on the site for less than • j4) complete bridges, storm sewers, years and its occupancy or use intakes and manholes to provide for' shall be limited to services which the collection and removal of all shall be.performed temporarily for surface waters. These improvements the owner of the site, such.-as ' shall extend to the boundaries of construction. Temporary buildings. the development as necessary to shall not be occupied by the providefor extension by adjoining owner's, personnel,, or used to properties. In the event that the conduct the owner's business or city requires a storm drain system activity. ` which has capacity greater than is (b) It shall be unlawful to occupy or needed to service the development use the temporary building in itself; the city shall pay on a pro violation of this section or to rata basis for the excess costs over allow the building toremain on the ' that which is necessary to service site beyond the two (2) years the development itself. Other specified herein. If special developments or subdivisions which _ circumstances require an ettension connect with such system shall on a of the use, the building inspector pro rata basis reimbursethe city may grant an extension not to for the cost of the initial, system exceed six (6) months. which shall service that area. SECTION II. REPEALER: All ordinances and' (f) Water. The developer shall provide parts of ordinances in conflict with, the the development with a complete provision of this ordinance are hereby 1 water main supply system, including repealed. hydrants, valves and all other SECTION. III, SEVERABILITY: If any sec- appurtenances which shall be ex- tion, provision or part of the' Ordinance• tended to the boundaries of the shall be adjudged to be invalid or uncon- development as necessary to provide stitutional, such adjudication shall not for extension byadjoining proper- affect the 'validityof the Ordinance as s- ties and Witch shall be connected' whole or any section, provision or part to the municipal water system. thereof not adjudged' invalid or unconsti- (g) Sidewalks. A four (4) foot wide totidnal. concrete sidewalkshall be provided SECTION. IV. EFFECTIVE DATE: This'Ordi- and shall be located pursuant to nonce Snail be In ettett after its final Chapter 31 of this Code of Ordi- passage, approval and publication as nances. required by law. • Passed and approved this 6th day of Sec. 27-44. Building permits. D1py, 1986. (a) No building permits will be issued I for a large scale non-residential 4. ,�f/ development until approval of the oYOR wooe=d final plan and attendant docu- I' 1 ments. 'ATTEST: 7r _ (b) If the developer knows the stages CI Y,CLfRK��� or phases of his/her project at the 16019 May 14,190.6 ORDINANCE NO. 86-3288 AN ORDINANCE Pif_ DING CHAPTER 9.1 ("CITY PLAZA") OF TIE CODE OF FINANCES CF TIE CITY CF IOWA CITY, IOWA, BY REPEALING SECTIONS 9.1-2, 9.1-3, 9.1-7, 9.1-8, AN) 9.1-11 T}EREIN AND SUBSTITUTING T}EREFORE NEW SECTIONS 9.1-2, 9.1-3, 9.1-7, 9.1-8, AND 9.1-11. SECTION I. PURPOSE. The purpose of this arend- nent is to provide for plaza cafes in City Plaza, to provide for camercial and non-cmnercial speech activities in City Plaza, to provide for specific criteria for other permitted events in City Plaza, to provide that the City Manager may, after consul- tation with the City Attorney, waive insurance re- quirerents for certain events m City Plaza, to eliminate the provision for automatic one-year renewals for permits, to provide for specific proce- dures for revocation of permits, and to provide for a map of City Plaza to be kept on file in the office of the City Clerk. SECTION II. PtEPDhENT. Chapter 9.1 ("City Plaza") of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended as follows: 1. Section 9.1-2 is hereby repealed and substituted in its place is the following new Section 9.1-2: Sec. 9.1-2. Definitions. [For the purposes of this chapter, the following terms shall have the meanings stated herein:] Arbulatory vendor: hi individual selling goods or services while moving through Zones 1, 2 and 3 and operating without the use of a mobile vending cart or kiosk and with a mininun of equiprent, e.g., balloons, portrait artist. Audio arbience: A localized use of sound intended to create a pleasant, relaxing atmos- phere. City Plaza: That part of City property extending frau the northern right-of-way line to the southern right-of-way line of College Street frau the eastern right-of-way line of Clinton Street to the western right-of-way line of Linn Street; and extending fran the western right- of-way to the eastern right-of-way line of Dubuque Street from the southern right-of-way line of Washington Street to the southern right- of-way line of College Street. Also, Urban Renewal Parcel 65-2a, described as follows: Beginning at the northwest corner of Lot 4, Block 65, of the original town of Iowa City, Iowa, according to the recorded plat thereof, thence along the southerly right-of-way line of Washington Street, 60.28 feet; thence south 00 degrees 43 minutes 36 seconds west, 59.93 feet to a point on the easterly right-of-way line of Dubuque Street, thence north 00 degrees 07 s9 2 minutes 39 seconds west, along said easterly right-of-way line, 110.65 feet to the point of beginning. Kiosk: A small structure that is stationary and can be either permanent cr seasonal in nature. Landscaping: Live plant material used strictly for an =mental or ecological pur- p htbile vending cart: A non-motorized struc- ture on wheels that is easily moved and is used for vending. Mobile vendor: Operator of mobile vending cart. Outdoor cafe: An outdoor area immediately adjacent to a restaurant (food service estab- lishment) where food and beverages, dispensed in the food service establishrrent, are taken for consumption by persons seated at tables in the outdoor area. Permanent structure: Any structure erected for a year-round use. Plaza cafe: An outdoor area in City Plaza innediately adjacent to a restaurant (food service establishment) where food and beverages, dispensed in the food service establishment, are taken for consumption by persons seated at tables in the outdoor area. Seasonal construction: Any structure erected for a seasonal or temporary activity and which is remved frau the plaza in off-season. 2. Section 9.1-3 is hereby repealed and substituted in its place is the following new Section 9.1-3: Sec. 9.1-3. Description of hall zones. (a) Zone 1: The ten-foot strip directly abut- ting the private property lines. Zone 1 extends the length of the City Plaza along all sides of the plaza. (b) Zone 2: The six-foot pedestrian lanes adjoining Zone 1 on each side, the land- scaped areas, the areas with street furni- ture and features, and other areas as specified on nap. (c) Zane 3: The emergency/service lane. The zones are illustrated cn the City Plaza imp kept on file in the office of the City Clerk. This map can be amended from time to time as necessary by resolution. 3 3. Section 9.1.7 is hereby repealed and substituted in its place is the following nem Section 9.1-7: Sec. 9.1- 7. Use of City Plaza. (a) Permitted uses: Permitted uses include those listed below. Other uses consistent with the purposes stated in section 9.1-1 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 2 areas which are already leased for other pur- poses; e.g., mobile vending carts may not approach patrons seated in a plaza cafe. (1) Ambulatory vendors, e.g., balloons or portraits (Zone 1, 2, 3). (2) Mobile vending carts for food, flow- ers/plants, newspapers/magazines, etc. (Zone 2). (3) Plaza cafe (Zone 1, 2). (4) Stairways to basements. Pursuant to Chapter 104A of the Code of Iowa, stairways shall only be permitted when the business on the baseient level has an alternate entrance which makes it accessible to the handicapped or otherwise complies with state law (Zone 1). (5) Display windav extensions (Zone 1). (6) Building front and/or basement exten- sions provided the use of the exten- sion is the same as the store activity (Zone 1). (7) Municipally arced kiosks. (8) Landscaping (Zone 1, 2). (9) Arts and crafts sales of handmade articles by an organized guild, asso- dation or club on an occasional basis (Zone 1, 2). (10) Sales or exhibits by individual art- ists or artisans and food vending on a temporary basis for special events (Zone 1, 2, 3). Zone 3 users must be totally ambulatory. (11) Events of an educational or entertain- ment nature (Zone 1, 2, 3). Zone 3 users mist be totally ambulatory. (12) Non-commercial speech activities, including but not limited to, politi- cal, religious and other non-commer- cial expressive speech (Zone 1, 2, 3). Zone 3 users must be totally ambula- tory. (13) Commercial speech activities, includ- ing but not limited to, the dissemina- tion of information about commercial products and/or services and/or the lo / 4 canvassing of public opinion and atti- tudes regarding commercial products and/or services (Zone 2). (b) Usable area: (1) Zone 1: Permits may be issued for any part of Zone 1. Building extensions shall only be allowed where, in the sole judgment of the City Council such extensions enhance the quality of City Plaza. (2) Zone 2: The usable areas are as shown on the plaza diagrams on file in the office of the City Clerk. (3) Plaza landscaping nay be modified or nerved 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 appli- cant 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. (4) Zone 3: The area is to be used only for ambulatory vendors with its pri- mary purpose to be maintained as an emergency/service lane. (c) Days and hours of operation: Buildings extended onto the City Plaza are to be open at least during normal retail business hours, Monday through Saturday, throughout the year. Mobile carts may operate season- ally but must be at least in operation substantially through normal retail busi- ness hours, Monday through Saturday, May 1 to October 1. Other months of operation nay be granted by permit for ambulatory vendors and mobile carts when the product is re- lated to another season. The time of opera- tion for plaza cafes is provided in Section 9.1-8(c). (d) Noise control: My request for the use of sound must be specifically approved and nay be permitted only if it will encourage an audio ambience within the City Plaza, while at the same time protecting the general public frau an overload, volume or type of sound that is disturbing or inappropriate for a pedestrian area. (e) Insurance and indemnification: The appli- cant shall agree to indemnify, defend and save harmless the City of Ions City, its agents, officers and employees, from and against all claims, damages, losses and expenses in any manna- resulting from, 5 arising out of or connected with the con- struction, use, maintenance or removal of any structure, cart or use. The applicant shall at all times maintain a policy of liability insurance in the minimm anount of three hundred thousand dollars ($300,000.00) for personal injuries, and fifty thousand dollars ($50,000.00) for property damage arising out of the permit- ted 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 Ions in a form approved by the City Clerk. The policy shall further provide thirty (30) days' notice of cancel- lation or material change to the City Clerk. Such cancellation or change without written approval shall autcnatically revoke the permit or lease. The City Manager may, after consultation with the City Attorney, waive the insurance requirements for any casual and/or tempo- rary sales activity, for any cultural or entertainment activity, or for any canner- cial or non-commercial speech activity as they deem appropriate. (f) Performance time limits: Mobile vending carts mist be in operation within sixty (60) days of the start date provided for in the permit, or the permit approval shall autaratically expire. (g) Maintenance: The applicant is responsible for maintaining the area within and in proximity to his/her location in a clean and hazard-free condition, including snow removal for a distance of ten (10) feet fran any structure occupied by the appli- cant. Supplementary trash containers must be provided if considered necessary and speci- fied in the lease or permit. The exterior of all structures and carts must be main- tained in good condition by the applicant. (h) Illumination: Nighttime interior illumina- tion of all building fronts and basement extensions, display window extensions and basement staimells is required during hours of operation. (i) Newspaper-vending machines: The City will make available, at a reasonable cost, space in the City-owned newspaper dispenser units on City Plaza. In the case of more applica- tions than available space, a selection 6 procedure that is deemed fair, reasonable and appropriate by the City shall be estab- lished. (j) Construction costs: All costs of construc- tion are to be paid by the applicant, including costs of damage or repair to the City Plaza caused by the construction. 4. Section 9.1-8 is heresy repealed and substituted in its place is the following nay Section 9.1.8: Sec. 9.1-8. City Plaza use permits. (a) Mobile vendors: Specific locations have been designated within the boundaries of City Plaza for the operation of mobile vending carts. Each mobile vending permit shall carry with it the authorization to operate at ane or two (2) designated loca- tions. The vendor may sell in transit if a customer request is made, provided the primary trade shall be conducted at one of the designated locations. All lease applications for mobile vendor operations must be received at least four (4) weeks before the proposed start of the lease. The City Manager or his/her appointed designee nay issue a pemit to operate a nobile vending cart in the public right-of- way of City Plaza after careful considera- tion and assurance that the following conditions have ar will be met: (1) An authorized desigmted mobile vend- ing location is available which will not interfere with the operation of an existing mobile vendor, the general use of City Plaza, and free movement within the agency/service lane. (2) The applicant's proposed node of op- eration will rot impede the free flay of pedestrian traffic along the City Plaza right-of-way, and in or out of retail establishments fronting on the plaza. (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 than. The appli- cant's permit may be revoked if these specified locations are not used. (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. i 6 / 7 (5) The applicant shall store the vending cart off the City Plaza and shall describe the provisions for storage in the permit application. (6) The applicant has obtained all neces- sary permits required by the Johnson County Departnmt of Health. The sale or assigment of a mobile vending permit for City Plaza is ex- pressly prohibited. The City reserves the right to revoke a permit as it deans necessary. (b) Ambulatory vendors: The City Manager or his/her 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 assurances that the follo. ing conditions have or will be net. All applications for ambulatory vendor operations must be received at least five (5) days before the proposed start of operations. (1) The applicant will operate without the use of a mobile vending cart, and with a minimin of equipment. (2) The applicant's proposed made of operation neither will impede the free flaw of pedestrian traffic along the City Plaza right-of-way, nor shall it interfere with such pedestrian move- ment into or cut of retail establish- ments fronting on the plaza. (3) The applicant will conduct his/her vending completely within the bounda- ries of City Plaza. (4) The applicant has obtained all neces- sary permits required by the Johnson County Department of Health. The sale or assign-lent of an ambulatory vending pemit for City Plaza is expressly prohibited. (c) Plaza cafes: (1) Any person, firm or corporation desir- ing to operate a plaza cafe in the City Plaza must first obtain the approval and permission of the City Council. Such permission, if granted, shall be given by adoption of a reso- lution authorizing the execution of a lease for the area in question. Applicants seeking permission to operate a plaza cafe shall sutmit their applications in writing to the City Manager upon forms provided by the City. The plaza cafe area must be ii;:\\\ 8 adjacent to ar directly in front of a building housing a restaurant or food service establishment and utilization of that area is subject to the build- ing aner's approval. (2) An application for a plaza cafe shall include a lease executed by the opera- tor of the restaurant or food service establishmaht, and/or by the owner of the abutting building housing the restaurant or food service establish- ment. If the ane' of the building is not a signatory to the lease, the applicaticn shall contain a letter frau the amer consenting to the operation of the plaza cafe in the plaza area abutting the building. The lease shall contain provisions as hereafter set forth, and shall be in the form provided and required by the City. An application for a plaza cafe shall also. include a plot plan, a picture or illustration of the ameni- ties to be used, including the tables, chairs, table canopies, and nnethod for delineating the cafe fran the rest of City Plaza. Such material shall be sutnitted to the Design Review Ccnmit- tee for review. The recamendation of the Design Reviav Ccnnittee shall be forwarded to the City Council in conjunction with the Council's consid- eration of the lease. In addition, the application shall provide the name and address of the owner of each im ediately abutting property. City staff shall notify immediately abutting property owners by letter of the nature of the appli- cation, and the date and tine this iter will appear cn the agenda for approval by the City Council. Applica- tions will be processed by the City staff, with the review and final approval of any use by the City Coun- cil. If the application and lease is approved by the Council, City staff will be responsible for the admini- stration of the lease and collection of the rental fees. A uniform rental fee rate for plaza cafes will be established by the City Council by resolution and may be updated annually prior to lease-ip of plaza cafe areas. 66 9 M applicant for a plaza cafe who desires to have same approved for use as an outdoor service area for the service of alcoholic beverages shall so indicate on the application, and shall submit such additional inform- tion in rapport of the application as required by Chapter 5 of this Code of Ordinances of the City of Iowa City. The City Council may, in its discre- tion, approve an application for an outdoor service area, but an applica- tion for an outdoor service area in the City Plaza shall not be approved unless the application for a plaza cafe is also approved. (3) A plaza cafe may use the area defined as Zone 1, but a plaza cafe area shall not exteid into the plaza in a manner that will not allow a minimum of eight feet of unobstructed plaza area re- maining for pedestrian use, nor shall it interfere with pedestrian movenaht into or out of retail establishm=ents fronting on the plaza. The eight foot unobstructed portion of the plaza should be continuous and contiguous with the adjoining walkways in such a manner as to provide uninterrupted, smooth passagavay for all pedestrians. If the existing walkway is less than eight feet in width, no encroadment will be permitted. In approving an application for a plaza cafe and in authorizing the execution of a lease for same, the City Council shall be required to make an express finding that the plaza cafe will not consti- tute an obstruction to pedestrian use of the plaza area, and such finding shall be included in the resolution approving same. (4) The operation of plaza cafes shall be subject to the following terns and ccnditions, which term and conditions shall be set out in the lease to be approved by City Council. a. Plaza space may be leased for use as a plaza cafe only fran April 1 through August 31 of each year, and all such leases shall camnence and to ninate, respectively, on those dates. A single lease nay not cover more than one operating season. 67 10 b. Plaza cafes shall be operated and used cnly_ between the hours of 11:00 a.m. and 8:00 p.m: each day. c. Outdoor cafes immediately abutting City Plaza shall be required to observe the sane ham and months of operation as plaza cafes. d. The area fora plaza cafe shall be temporarily delineated during operation by ropes or some other suitable method which shall be clearly visible to pedestrians. Tables, chairs and other items are to be removed at the end of each day's operation and the plaza cafe area restored to its normal ccndi- tion as a pedestrian way. No materials shall be stored on the public right-of-way. e. The operation of any plaza cafe as defined herein shall be in confor- mity with all applicable Federal, State and local laws and regula- tions. The plaza cafe, as part of a restaurant, must be licensed by the Johnson County Board of Health as a food service establishment. In the event of the lapse, revo- cation or suspension of such license, lessee shall immediately cease its use of leased plaza space. f. All tables and chairs in the plaza cafe area shall be set back, for safety purposes, at least ten feet fran alleys and shall not be located within ten feet of a street intersection. A plaza cafe may rot utilize any public a ami- ties as benches, seats or tables. g. Amplified sound equipment shall not be permitted. Additional advertising or identification signage beyond that pemitted for the main restaurant shall not be permitted. Any amenities (such as chairs, tables and umbrellas) shall rot have any advertising on their surfaces. Cahpliance with the City noise ordinance shall be required. h. Every plaza cafe lessee shall be required to execute an agreement to defend, indemify and hold the City harmless fran liability 11 arising from its lease and use of plaza_ space for plaza cafe pur- poses. Every such lessee shall further be required to provide evidence of public liability insurance in such amount and with such coverages as are deemed sufficient by the City. i. The owner or operator of a plaza cafe shall be required to observe the sere per square foot occ.,pancy limits that apply to the building which it abuts. The ocapancy limit for each plaza cafe shall be determined by the City building official and set forth in the lease. Upon closing the plaza cafe for the day, or in the event inclement weather requires early closing, the owner or operator shall not allow patrons of the plaza cafe to enter the restaurant housed in the adjacent building if to do so would result in exceeding the occupancy limits of the res- taurant as determined and estab- lished by the City building official. j. Food and beverages must be avail- able for service to patrons in a plaza cafe during all hairs of operation. k. Alcoholic beverages may not be dispensed to patrons of a plaza cafe unless such area has been approved as an 'outdoor service area" pursuant to Chapter 123 of the Iowa Code, Chapter 150 of the Iara Administrative Cale and Chapter 5 of the Code of Ordi- nances, City of Iowa City. Due to the limited hours and months of operation of plaza cafes and outdoor cafes adjacent to City Plaza, such cafes will be exerpt frau those provisions of Chapter 5 of the Code of Ordinances, City of Iara City, relating to the loca- tion and screening of outdoor service areas. 1. In the event that the City Council determines that it is no longer in the public interest to maintain a particular plaza cafe, or plaza cafes in general, either because of threat to public health, wel- �9 12 fare or safety, or because of the creation of a nuisance involving a plaza cafe, or because of the violation of any statute, lav, rule or regulation involving a plaza cafe, then in that event the City Council nay cancel such lease or leases, utilizing the procedire hereafter set forth. 1. The City Ccuncil shall, by resolution, authorize the giving of notice of cancella- tion, such cancellation to be effective rot less than 14 days after the giving of notice. 2. The notice of cancellation shall state the date and tine at which cancellation of the lease will be effective and at which use of plaza space rust cease. The notice shall indicate the reason(s) for cancellation and shall also indicate that the lessee nay appeal such cancellation by giving written notice of appeal to the City Clerk within three days of the lessee's receipt of notice of cancellation. 3. The appeal of a cancellation of a plaza cafe lease shall be heard by the City Council in accordance with the procedures set forth in Sections 2-186 and 2-187 of the Code of Ordinances, City of Iowa City. (d) Other events: For all other events, an application for the use of City Plaza mist be received at least ten (10) days before the start of the event. The City Manager or his/her appointed designee nay issue a pewit for all other permitted events pro- vided: 1) that the event will neither impair the free flaw of pedestrian traffic along the City Plaza right-of-way, nor interfere with such pedestrian moment into or out of retail establishients front- ing on the plaza, and 2) that the event will 'imply with all other requirerents of this chapter. The City Manager shall es- tablish and place cn file in the office of 7o 13 the City Clerk written regulations govern- ing the time, place and !turner in which the permitted events may be conducted: (e) Permanent and taporary structures: The City Manager, upon approval of City Coun- cil, amcil, may enter into an agreenait for the sale ar lease of public right-af-say in the City Plaza for the construction of 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 or sale shall only be entered into after careful consideration and assur- ance that the follaring conditions have ar will be net: (1) Building design: a. Additions to buildings shall be harmonious in scale and design with permanent neighboring struc- tures 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 architec- turally harmonious shall be used for all building walls and other exterior building carponents wholly or partly visible frau public ways. d. Selection of materials shall be guided by the follaring: 1. Harmony with adjoining build- ings; 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 para- pets, shall have good proportions and relationship to one another. f. Colors shall be selected for their harmony and/or ability to ccnple- nnaht the color scheme of the City Plaza. g. Mechanical equipment or other utility hardvare on roof, ground or buildings shall be screened fran public vier with materials harmonious with the building, or shall be located so as not to be visible from any public ways. 7/ lY h. Exterior lighting shall be part of the architectural concept. Fix- tures, standards, and all exposed accessories shall be harmonious with building design. (2) Signs: a. All signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be hannmiaus 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 hammnious with building design and the materials used in the City Plaza. c. Every sign shall express in scale and in proportion an appropriate visual relationship to buildings and surroundings. d. Colors shall be used hannxniously and with restraint. Excessive brightness and brilliant 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: a. The design review camnittee may, fran tine to time, fornulate additional design criteria for the review of proposed construction pursuant to this chapter. Such criteria shall becare effective only when adopted by the City Council by resolution. • b. No building permit for the con- struction of any temporary struc- ture or any building extension to be constructed pursuant to this chapter shall be issued until plans for said construction have been reviewed by the design review cammittee and approved by the City Council. The design review commit- tee 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 7�, 15 review cannittee recomeds ap- proval with conditions, it shall require the affirmative vote of five (5) ambers of the City Council to constitute City Council approval pursuant to this section • unless such conditions are net; and if the design review cannittee rem:mends disapproval, it shall require the affirmative vote of five (5) nenbers of the City Ccuncil to constitute City Ccuncil approval pursuant to this section. 5. Section 9.1-11. is hereby repealed and substi- tuted in its place is the following naw Section 9.1-11: Sec. 9.1-11. Termination and revocation. (a) Permits for specific locations shall be for one year. (b) Permits are non-transferable. Leases nay be assigned or sublet only upon prior writ- ten approval of the City Council. (c) Revocation of pent: The City Manager is authorized to revoke a pent issued under this Chapter whenever (1) the holder has failed to coiply with any provisions of this Chapter, or (2) a situation involving the pentted event exists which presents a threat to the public health, welfare or safety, or the creation of an obstruction to pedestrian use of the plaza, or the creation of a nuisance, or the violation of any statute, law, rule or regulation in- volving the permitted event. Said revoca- tion shall be effective no less than 14 days after written notice of the sane; the notice of revocation nay be appealed and heard before the City Council pursuant to the.procedures set forth in Sec. 2-18, et seq. of the Code of Ordinances, City of Iowa City. Nothing in this section shall prohibit a ergency orders under Sec. 2-1:: of the Code of Ordinances, City of Iowa City. 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. 10 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 3rd day of June, 1986. tegle ATTEST• _'i.. s`dasj Intot� lTi atiaintG Y tf�J/�� 717 It was moved by Dickson , and seconded by Zuber , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO" X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT • X ZUBER First consideration 5/27/86 Vote for passage: Ayes: Baker, Courtney, Dickson, McDonald. Nays: Strait, Ambrisco. Absent: Zuber. Second consideration 6/2/86 Vote for passage Ayes: Baker, Courtney, Dickson, McDonald, Zuber. Nays: Ambrisco, Strait. Date published _ 6/11/86 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CI-1Y, IOWA 52240 (319) 356-56C0 STATE OF IOWA ) SS JOHNSON COUNTY ) I , Ramona Parrott, Deputy 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. 86-3288 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of June , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the lith day of June , 19 86 Dated at Iowa City, Iowa, this 8th day of July 19 86 RAMS A PARROTT DEPUTY CITY CLERK v'n_-e r r a. OFFICIAL PUBLICATION (9) Arts an crafts sales of harkety articles by al organized wild, asso- IXoIW7Q 170. FL.3.S9 Mahlon or cls m al a casimal basis AN OFORINIE N€tL)Z a*P1w 9.1 rein PLAZA") OFtams or 21. DC CRF a lR1l 'CES w 11€ CITY a Ia1A CITY, (10)sale, aMnsts by *divided verin ata ists or y basis ofood riding on a 90118 BY f€.€-1I1G SECTEDI A) 9.1-2, 9.1-3, 9.1-7, (Eerie try )s for spacial amts 1731-8,N(1 9.9.11,19.1-)N. -7, 9.M,1L?VE.1WPE tZae 1, 2, 3). ore 3 usa-s m,st be Itll SEL7Iab 9.1-2,9.1-J,9.1-7,9.1-8,NO 9.1-11. totally amhilatzry. (11)Events of a edcatimal a-attain- SECTION I. REPOSE. The purpose of this arid- haat ruble-(Zone I, 2, 3). loos 3 roil Is to preside for plaza cafes In City Plaza, to users rust to totally atulatay. pada fa- mmmrcial and non-comicial speer (12)Nm weenie] sped: activities, activities in City Plaza, to provide for specific including tut it limited to, liti- atter'a for other °emitted eats in City Plaza, cal, religious PLN dna fUyronfa that the City ironer my, after crosul- tattm with the City Attoroey,waive insurance re- dal 3n sstare total I, 2,3). tZoneory 3 users rs or ust totallybeam ulela• wiretlts for certain events m City Plaza,- to ) eliminate the provision for automatic are-year (13) Comerclal speech activities, inciud- relaels for permits, to provide for specific prone- ing but not limitoi to, the disamirt- ., - aures for reccatie, em; of pts,and to provide for tion of information ahM cancroid` a map of City Plaza to he kept m file in the office products and/v services adior the JO of the City Clerk, canvassing of pelt opinion and atti- I •/ SECTIal II. NVIWIF. Chapter 9.1 Utety oma products �i Plaza") of the.Dale of Ordinances of.tie Clty of. and/v se�ry%'9(ore 2).al Printers fee SOCca laa City, I.a, is hereby ceded as follows: (b) Gable a e: l.' Ystim 9.1-2 is:arnica repeals and substituted. (I) Ione I: Permits nes be lssuat/v in its place is the foliating 11.,Salim 9.1-2: ons Sec 9.1-2. Definition. part of lyn12 1. Tiding e, In he CERTIFICATE OF PUBLICATION sole oily t at the Were, in the (For the haves ofhe this sofa:the folloreimj sole sion a ofn e City lof City STATE OF IOWA, Johnson County,ss: tams shall have the merinos stated:Alin:} extensions enhance the quality of City THE IOWA CITY PRESS-CITIZEN kb 1atbrj °""'` An individual smog Plaza. goods or services while awing tragh Imes I• without the use of a (2) Zone 2: The usable ares are as sham ad 3 and operating pile voting cart or kiosk ad with a!Milian!Miliano ice plaza diagram k. file 1n ther of ewiplelt,e.g.,balloons,portrait artist. (3) Plaza landscaping of the CiClerk. Alio amiere: A localized use of sold retried to taa Tony be mdifii v limited extort, if th i I, intended to create a pleasant, relaxing atoms- net effect enhances the Adana of Bronwyn S. Van Fossen, being duly Otte.Ciy Plaza: That pert of City property ofofehettPtaraaretioomaspai- sworn, say that I am the cashier of the e$a-T g frorthe norther right-of-ay line w ca nersuc esapplication. re ee t- tie southern right-of.ey line of Call�e obeli cant in such zca la scat g to IOWA CITY PRESS-CITIZEN, a news- from to eastern riet-of.ey lire of Clinton original plaza tya,te in to its paper published in said county, and that Street to the western right-of-way line of Linn hit ares moon termination of Street; ad erne 11 from the eastern r the permit am provide a tan or a notice, a printed copy of which is of-fey to eastern right-of ey lire of escrow in an Amar determined hereto attach,d, was published in saidby the City. Y (4) for 3: Re area is to on Taal mi paper time(s), on the fol- 1' of Coll get St the Wit- ypr lam , with its ISE of.ey lire of College Street. Also, titan pri- mary lowing datelsl: 1 Parcel 65-23, de v ton as ratio aim purposey/a ice lure 1"as m as an Beglmlrg at the northwest corner of Lot 4, (c) Days and hours of operation: Buildings Block ED, of the original ton of hoe City, entaded alto to City Plaza are to be open lose, aardig to the recorded plat thereof, at least during renal retail business there along ree sorml8ly et;t-of.ey lire ofhairs, Ponds& through SaturdaI // / tense 4 g there 60.E feet: f-ofee .lure W to Yea. Ibbile carts reY opa'ateu rtdegrees nt minutes 36 s-ly ri west, `59.97 rat ally b t mut a at least in oil atom "" /y tea pointthe easterly right-of-way lire of vhatantially fay h navel retail tusk 14.44( � ,/`,t y/r , Dame Street, theace north 00 demon 07 alas Imes,Rang ttmwrh Saturday, toy 1 ssminutes 39 seconds west, ala said easterly to Octm.-1.Other ninths of operation nay Cashier riet-of-way lire, 110.66 feet to the point of - be granted by permit for a,b,lat"ry,ednrs t ginnirg. and mobile carts ken the proict is re- Kiosk: A snail structure that is statuary lated to anther season.The tree of ope-a- ee can be lithe- reewe,t or seasonal in tom for plaza cafes is povided in Section Subscribed and sworn to before me nature. 9.1-8(c). Landscaping: Live plant neterial used (d) Noise antral: Ary request for the use of strictly for an ornaental or ecological par- sran rust to specifically approval am my this ay of A.D. rose.tato permitted only if It will enrage an hl7e wading cart: A mrndorizm stnrc- audio arbience within the City Plaza,Mile tare on wheels that is easily roved ad is used at the sate tire protecting the general 19 for welding, mtlpeltfrau an overload,volare or tyle of iodide ads: Operator of mblle ceding sound that is disturbing or inept riate cart• for a pedestrian area. s...t...., ,f---wr•-.. Outdoort ale: An wtdoor area bce estely (e) Insurance am ironmifiatio. The appli- cant shall agree to indeorify, defend ,sad lishrmt)bee feed ad beverages,dispensed in save harmless the City of loe City, its Notary Public the food service establishmt, are taken for agents, offices are employees, from ad [� <O��vV mnvnagainst ptlon by persons seated at tables in the all elate, dagga, lossesand d No. !` J atdar area. Pelmet structure: Any structure enacted Aexpenses in of or corrected with the any manner resulting cm- year-rtund use. • 9 fvPlaza An o+tdom area in City Plaza any structure,• tlm, use, maintenance v ramal of imredktely adjacent to a restaurant fp¢I any atallcart or nye. The Anely Of service establishlert)Were food and bever( shall at all tires in Use l a policy of riAmr SHARON STUBBS liability insurance in the minim wart dispensed in the feed service establismest,are of three hinted thousand dollars take, for movsrytim t persons seated at (x310,000.o0) for personal injuries and • tables in the outdoor area. fifty uruand dollars (%50,om.rol fen ... ' ' " Seasl -etnictim: Any structure orated property dmege arising per of the permit- for . temporary activity and which ted aaratem. The applicant shall file, in is ramrod frail to plaza In off-smttn, the office of the City Clerk,a ropy of the 2. Section 9.1-3 is hereby rtpaeled end substituted liability insurance policy executed by a in its place is the following nee Section 9.1-3: company authorized to do insurance bsiren Sac.9.1-3. Description of nail roes. in the State of Iowa in a formoI (a) Ire 1: The tar-font strip directly abut- the CityClerk. the poli shall Nfurther vth tfrg the private property lines. lore 1 provide thirty (30) ays' mice of carcel- xnds the et the plaza.Ninth City Plaza along lateen or reterial Manse to the City all 2: The :plaza[ pedestrianlass -Clerk. see awry gcellatim or without (o) a adjoining Zoe I m fedi side. the lard- thetton it or ll shall automatically revoke lease. seeped areas, the areas with street fund- permit t eager bon ad featres, ad other meas es The aCCy City Aga nay,aftericonsultation mil fed on rah. rich therorAtan casual waive to insurance Zan 3: The em gmcy/service lane. rawirmoits for any arcus -al oa The zona are illustrated m the City Plaza rap nary sales activity,activity, afty any call m kast. on file in the office of the City Clerk. cal ren-rer* rrrclalor for any commas This nap cen to eroded fro" tine to tire as they tial a rp ocpria ell spaxh activity as reCessary by resdlutean. (f) Performance i limits: Italie vending 3. Section 9.1.7 is hereby repealed all substituted carts mat be in operation within sixty In its place is the following net Section 9.1-7: (60) days of the start date provided for in in its place is the foliating nen Section 9.1-8: tmr lately abutting property arcs ; v — — a/fj' Sc.9.1-8. City Plan use permits. by letter of the nature of tie eqplt- •• Ua( (al lttile verdant Specific location have cation, at the date ad the this be, astgat& within the boundaries of item will appear on the ageida far City Plaza for the operation of mobile approval by the City Council..Ayplica- I vending carts. Eachnebile vending permit tin will be processed by The City , • shall carry with it the authorization to staff, with the reviev-and final Lions. The vendor nay ate at me or be sellinttra sittal liif a ciii. If- approval of any use the application andthe Ci ea stone' request, is made, provided the approved by the Council, City staff Whaley trade shall to conducted at of will'be responsible for the adnini- the..designated locations. stratio, of the lease an collection All lease applications fa•mobile vendor - of tderental fees. ) aerations rust be received at least four &uniform'reutal.fee rete for plaza d (4)weeks before the proposed startof the cafes will to established by the City , lease. Denali by resolution at ray be The City Manager a-his/her appointed totted amually prior to leasrip of design ray issue a permit to operate''a plaza cafe areas. nolle vending cart in the public rigt-of- M Brant fora 1 way of City Plaza after careful axsidea- desiresappl have care plaza cafe who tion and assurance that the Collaring ''far use arditions have or will te net: as an :outdoor service area for the (1) M authorized&sleeted walla vend- service of alcoholic [averages shall mfg location is available elith will so indicate on the agitation, and ' rot interfere with the operation of an .shall submit such additionalinfana- existirg mobile-vendor, the genal tion in support of the application as: use of City Plaza, and free revenant rewired by Chapter 5 of this.Code of' within the esageicy/service lane. Ordinances of the City of Iota City. (2) The.applicant's proposed rude':of or The City Council may, in its disoe- cation will rot impede the free flat tion, 'aprove a application for an of pedestriantraffic alae the City mtdoor service area, but an apnea- Plaza rightof-v'ey, and in'or out of tion for an auaber service area in ' • retail'establish'rents fronting on the :the City Plazashall rot be approved plaza, unless theoplication for a plaza (3) The applicant ages to operate cafe is also approved. his/her tuainess oily within the (3) A plaza cafe ray'use the area defined band ries of City Plaza aid oily at a Zane I,but a plaza cafe area shall ' desigeted nbile reeding locations or ant and into the plaza in a rein in transit boaem then..The applt- that will rat allow a minlman of eight cant's pewit nay a revoked if these fat of unobstructed plan area re- specifies locations are rot used. reining for pedestrian'ua, nor shall (4) the d4nsims of the applicant's itinterfere with pedestrian nwemert mating cartshallant east a size. into or out of retail establiemads of four (4) font wide by eight (8) fronting m the plaza. The eight foot feet lag'by six(6)feet hied: undustructed pa-tien of the plaza should be continuous and ccntigmous (5) The applicantshall store the vending with the adjoining walkways in such a cart off the City 'Plana and shall nervier as to provide onintenptei, describe the provisions for storage in month Passatoay fa all is lessriaha: .the pent application: If the existing waloay is the, (6) The applicant has detained all neces- sary eight tat.in width, m e,croadnmt permits rewired by the,lohnson will a permitted. Inapproving an • Canty Oeparthmt of Health. application for a plaza cafeand in The sale.a-assigrnmt of a tie authorizing the martian of a lease sa meting remit for City Plaza is ex- pressly prohibited. The City reserves rewired to make an eras finding be 'tit to revoke a pemdt as it that the'plaza cafe will not consti- tute an obstruction to pedestrian use (b) Aibalatay vmtlols: he City Manage-a of the plaza area, aid such finding his/her designee nay issue a permit for the shall be included in the resolution. purposes of anbifatay vending:. in the approving sae.,. public right-of-ay of City Plaza. after- (4) the aeration of fol following tena dull be careful consideration of the applicant's conditions,width ftan anal.conditions pro used business,ad assurances that the shall be set ah in:the lease to be Collaring caditims have or will be net.: approved by City Caacit All applications re mWlatole vada a. Plan spare nay be:leased for use operations mist be received at least five l a plaza an cafe only(5) days. before the proposed start of asy:from April year,1 temugi August 31 of,ado . ( al applicant will operate without the and all suds leases shall mmmce mbtle vending carom ad with and terminate, respectively, on use of a a minims of equlpnmt. those dates.. A single lease sty (2) The applicant's proposed rule of not 'rare than ere,operating aeration neither will tirade the free flew of pedestrian traffic along the b. Plaza cafes shall be operated at City Plaza ricft-oFey, nor shall it used only, bah/ea/the tours of interfere with such pedestrian wove- 11:00 a.m, and 8:00 p.n, each nest into or eat of retail establish- day. webs fronting al the plaza. c. Ohdoor cafes imadiately abutting (3) The .applicant, will conduct his/her' City Plaza shall 'be.rewired,to vendrinsing City Plaza.within the luta- observe the sane.haus.and months (4). The applicant has'obtained all mels l areaaeration as plazaacafes. sary permits required the,idose d. The area ly a plaza cafe shall be ' County Departhat of Health. tepationby apesdel or duringerr . The sale a' assigned of an mbula operation method ropes l sone other vending remit for City Plaza is �Y suiclearlytable visible toomer shall le prohibited. e!presslY other items ar Tables,cteirs..at other ittims are (c). Plaza.cafes: to be reeved at the at of each (1) My pass,firm or corporation desir- day's operation ardIt m the plaza cafe ito operate a plaza cafe. in the area restored to its ural.condi- ` City. Plazarust first attain the tion as a pedestrian hay, hb approvaCmotll Soda 'miand ssion of the City materials stall be.stored on the slap he iveuic ' ' 9 by adoption ofa resp- e. Thpue operation of any plaza cafe as lotion authorizing the inexecution of a defined herein shall te in=for- , lease for the area in mity with: .all.applicable Federal, Applicants, seeking remissionsala,sion to State and local les and rayls- ' We-ate a plaza cafe shall submit tin. Theplaza cafe,as part of their yplications in writing to the a restaurant,rust he lionised by City Manage. yon'fan provided by the Jenson Chanty Board of Health •the City. The plaza cafe area must be as a food sevice establishment. adimeit to err directly in front of a In the evert of the lapse, rem- building housing a restaurant or food cation a• suspension of such service establishret at utilization liaise, lessee shall tmudtately • of that area is subject to the build- - cease its use of leased plaza ung one''s approval. space. - (2) Mn application fa a plaza cafe shell f. All tables and chairs in tie plan include a lease executed by the opera- cafe area shall be set back, for tor of the restaurantor food service safety,purposes,at least tenfeet establishrat, and/or bythe we-of from alleys ad shall not be ' the abutting buildinghousing the located within ten feetof a restaurant or fad savice establish- street.intersection. A plaza cafe reit. If the one of the building is way not utilizeany public andel- not a stgatary to the lease, the ties as benches,seats or tables. application shallcontain a letter g. tplified serol ewipnmt gull free the navr cementing to the not be pemdtted. Addttiaal aeration of the plaza cafe in the advertising or identification plaza area abating thebuuildiig. The signage beyond that pendttad far lease shall contain provision as ta'''nnin restaurant shall riot be ' hereafter set forth, at shall'be in 'permitted.. My unities-(suds as ' the fain provided ant rewired by the. '&airs, tables ad uderel las) City shall rot have any advertising on Mn application for a plan cafe their surfaces. Crnpliance' with •shall also include a plot plan, a the City noise ordinance shall be picture or illustration of the mini- • rewired. ties to bemused,including the tables, h.. Every plaza cafelessee shall be chairs,table canopies,and method for required to execute an ageen nt delimeatieg be.cafe frail the rest of to defend,.iMemify and hold the City Plaza. Such leterial'.shall be City harmless fon liability semittd.to the Design nevem Cmmit- arising rron its lease and useat tee for review. The recomadation of plaza space for plaza 'cafe par` the Design Revive Connittee shall be poses. Every such lessee shall forwmdel to the City Council in further be required to provide (=junction with the Council's amid- evidence of public liabilittyy cation of the lease. nWranee in such amid aid with In addition, the application shall such coverages as are deemed pvvice tie an ad address of the - sufficient by the City. no of eakh inmdtately abuttinn_ �_- I limits that 1 to the buildingyrs bee to one ear t. C�‘ - 3?CV +yC V apply f. Foams shall be ability c their I� Y I i it 1t abuts. lie occupancy t�mw yy/o,.abiltt to male- lett for earth the shall ng moi. fhe mini where of the City � determined by the City building Plaza. l official aro set forth in the g. Mechanical epuipimt or other I lease.Upon closing the plaza cafe utility hardware on roof, gourd ` for the day, or 1n the event Cr buildings shall be sawed' i ,ncleret weather retires early public vile with materials • closing, the owner on operator kmonias with the Wilding, or ' I shall not allot patrons of the shall be located so as rot to be w plaza cafe to enter the•restaurant visible Puna public ways. , e, • house in the adjacent.building if h: Exterior ligutirg�shall be part o1 i to catearty so would limits'of the exceedingresult in s- the architectural concept. Fix-: taurant termined an estao- tares,standards, and all - Tubed by the City building accessories .shall be hanrmious i official.. with tending d[stgi. J. Food and beverages must be avail- (2) a. Al, able for service to patrons in a a. All signs shall be.part of the' i plaza cafe doing all Mans. of archita ett concept. Size, I Yton. 1 color, lettering, location and k. Alcoholic 'beverages nay not to with omit shall he ha'+rmtas dispersed to patrons of a plaza with the building Ms1gi, tan cafe unless Pith area has been shall ro caryat)ble with sips on approved as an "outdoor service adjoinlm used buildings. I are" pursuant to Chapter 123 of b. Materials used in signs shall hate the Ids Code, tap Chapter•1W of the god architectural daracta:and toe Administrative Code aM be.ha a prates with.buildingein design. Chapter 5 of the Code of'Orel- and the materials the City names,City of Iowa City. Cue.to Plaza. l the limited hours and.ninths of C. Every sign shall upness in scale operation of plaza cafes and and,In relationship an appropriate win cafes adjacent to Cityvisual relationship to Wildings Plaza, such cafes: will be exempt ab surrourotngs. r from those provisions of Chapter 5 d, Colors shall be used..ha xcesssly and with restraint. Exoss af.the.Cede of Ordinances,City of ire trigds are &itliant cocolorsMoe City, relative to the lora- Lion and screening of butdoor . be be avoided. Lighting shall sevia areas. was with the design. If 1. In the event that the City Council externalshalbe shot lighting so is used, it determines that it is no long-in - light scarce is shielded frog tie public interest to maintain a 4 view particular plaza cafe, or plaza (3) Additional criteria: cafes in.general, either because a. the desi review committee me. of threat:to public Malta, call from tine 'to tire, formulate fare or safety, or'bwause of the - - additional design criteria fm the. creation of a nuisance'involving a review of proposed, construction plaza cafe, or because of the pursuant to'this diets Such violation of awry statute. IN, criteria shall berme effective - rule. or .regulation involving a ally taps adopted by the City — plaza:cafe,then in that event the Caimil by resolution. City.Canon nay cancel such lease b. No building permit for the ern-'�• or leases,utilizing the procedure strection of ay tea:wary stvc.... . hereafter set forth. tura cr any building extension to 1. The City Cwmil shall, bybe constructed pursuant: to this- resolution, authorize the theater shall beissued until giving of retiree of micelle- plans for said construction have, tion, suds catenation nation tobe beenrevised by the design review- ' effective not less: than 14 committee atl approved by the Gilt/ . days after the giving of Cal.lle'desigr'review emit- - 1 nce notice. tee:shall:within thirty (30)days' 2. The notice of cancellation of receipt of said plans, review ., shall statethedate and tine the plans and advise approval,. at which cancellation of the • zip-oval with auditions, or- lease will to effective araf at disafgroel in a written report which n use of plaza space mist . fawade.to the City.Cancil,ad cease. lie notice shall the applicant. If the design indicate the mascots) for rev,ev mmntteereconrards ap- cancellation and shall. also • l • proal with conditions, it stall indicate that the lessee nay require the affirmative wYe'•of appeal such cancellation M five (5) unites of the. City - giving writtel notice of Council to constitute City Cornell- appeal to the City Clerk approval pnr5uant to this'sectio within tune days of the unless such rnditlass are tten lessee's receipt of notice of . - cancellation. and if the.design revive rewritten 3. The appeal of a cexeliation reannendt disapproval, it shall. - afa plaza cafe lease shall be require the affirmative the of heard by the City Cmrcil' in five '(5) raters of City accordance with the procedures approvCouncil to constitute thisist'Capon set fan-th. in.Section 2-186 5. Section 9.1-ll ht herpureby rep leto rsixth and 2-187 of the Cade of hie ^meatal old sixth , Ordinances,. City of Iowa futon in place'is the following rev Section City. - -9.1-11: r (d). Other events: for all other wets, an Sec•9.1-11. Termination acdnevacatim. , • application for the use of City Plaza must.- - (a) Parmitr for specific loratims shall M ion be received at least ten (10) days before one year.. the Start of the evert: The City.Marega.. (b) Permits are:.ren-tret only le. leases ray his/herappointeddesignee my assure a 'ter essigei or sublet all spm prior writ- . permit for all other permitted everts pro- ten cation p the City Lancia. video: 1) that the event will. reither (c) Revocation of permit: The it issued age.is_, impair•the free flaw of pedestrian traffic authorized torevoke a permit issued de along the City Plaza right-of-ray, nor this Chapter apply (1) the holder has failedhto mnply with any ion involving- interfereoorc with sada: pedestrian sfronrawest , f ince r art of retail establishments front- this permitted ev t(2a tlW itch i:setsna- C ung on the plaza, and 2) that the evert the prep event ice health, e•fsantsa will wryly with all other rspireerrts of threat. or the creationehe of an welfare or: u this chatty. ,The City Manan shall es- safety,pedestrian.theaofof ab, tablish and place m file in,the office of to use of the plaza, or Sly+'- i crstatute, of a nuisance,m the violation of r the City Clerk written regulations govern- any statlaw, rule a- rewlatton di- ing the time,placeand Renner in which the - - 'volving the permitted:event. Said 14- pen utero events may be coat-bid. tion shall to effective less than - (e) peran a aro tepera sin/dyes, the days after mitten notice of thesere;the. City Manager, Won'.,approval of City Cam- notice of revocation rrea:'be appealed and ail, may alta into en ageaent for the head before the City Conal pursuant to, sale or lease of public right-easy in the the procedures set forth in Sec. 2-18, et, City Plaza for the construction of an .sal. of the Core of Ordinances. City of addition to en existing store front or for .Iowa.City. Wthiug in this section shall• the terpmary or seasonal use aF Zane 1 by. Prohibit warty orders inter Sec.2-188 the owner m operator of abutting property. of the Cade of Ordinances,.City of boa Said lease or sale shall ally be entered City. into after careful consideration ad assur- ance ssur es III. fa3EP1Ffl All tithe Prov and arm that the.following conditions have a parts of ordinance in r' y reap with the provider s will bent: of this ordinance are hereby repealed, (I) Building design: SECTION IV. SEVEFA : If erg section, a.• Additions to buildings shall be provision or pmt of the Ordinance shall be adcadled hzmmias in scale, and design to be invalid or uxpstitutiaul,!suc i adjudication r with payment neigihsirg stem. - shall rot affect Ionidity of the Ordinance as n or tures end with the City Plaza, wholeany section,...provision or part thereof not .b, Materials Pall be suitable for *Judged invalid m unconstitutional. - the style and design of buildings V. EFFE__- Meng: VE BATE: This Ordinance inMidt they are used. - shali•te in effect after its final passage,approval c. Materials whith are arddtec- ad.publication as require!bylaw. Ws rally Aarcnicshall be.used « for all building walls and other Passed and approved this 3rd day of June, exterior building =patents • vkolly apartly visible frau 1986. _ public ways. d. Selection of mations shall be guided by the follwirg: • 1.. Hammy with adjoining build- AT T: , y- .l ings;. Lid( 2. Iklattosh1p to the Mick and ' wood there of City Plaza; a iceywni 3. Materials shall be of durable •• e.. Buildinglityts, such as i,Sy �6�J�db windows, doors, eaves, ad para � 1 CRDIN41tE ND. 86-3289 AN ORDINANCE ft'UO1M CHAPTER 5 ¢ THE COQ OF DRDINAPCES, C1TY DF IDVA CITY, BY APEDDING SECTION 5-1 TFERECF TO PROVIDE A DEFINITION OF THE TEM "OUTDOOR SERVICE AREA," ADD BY ADDING THERETO NOW SECTIONS 5-39 TIRO= 5-44 RELATING TO THE FEGLLA- noN CF OUTDOOR SERVICE MS. EE IT CROAIHED BY TIE CITY COUNCIL CF THE CITY OF IOWA CITY, IOWA, HT: • SECTION 1. PURPOSE: The purpose of this revision of Chapter 5 is to define the tem "outdoor service area" and to provide regulations for their operation in conjunction with a prenises licensed to sell beer or alcoholic beverages. SECTION 2. AM31141T. Chapter 5 ("Alcoholic Bever- ages"), Section 5-1 of the Cade of Ordinances of the City of Iowa City is hereby repealed and substituted in its place is the following new Section 5-1 "Definitions," to read as follows: Sec. 5-1. Definitions. The following definitions shall apply to this chapter: Alcohol means the product of distillation of any fermented liquor rectified one or nore tires, whatever trey be the origin thereof, and includes synthetic ethyl alcohol. Alcoholic liquor or alcoholic beverage in- cludes the three (3) varieties of liquor defined Inde' the terms "alcohol," "spirits" and "wine" in this section, except "beer' as defined in this section, but including all beverages node as described in such definition of bee- which con- tain more than four (4) percent of alcohol by weight, and every liquor or solid, patented or not, containing alcohol, spirits, or wine, and susceptible of being consumed by a hunnan being for beverage proposes. Application means a formal written request for the issuance of a permit or license supported by a verified statement of facts. Bee' means any liquid capable of being used for beverage purposes made by the fermentation of as infusion in potable water of barley, malt, and hops, with or without urnalted grains or decorticated aid degeminnatai grains containing not more than four (4) percent of alcohol by weight. Club neans any non-profit corporation or association of individuals, which is the owner, lessee, or occupant of a permanent building or part thereof, nrnbership in which entails the -// Ordinance Pb. 86-3289 Paget prepeymait of regular dues and is not operated for a profit other than such profits as would accrue to tie entire n arbe-ship. Commercial establishment means a place of business which is at all tines equipped with sufficient tables and seats to accomodate twenty-five (25) parsons at one tine, ad the licensed penises of which conform to the stan- dards and specifications of the department. Council means tie beer and liquor control council established by state law. Departnent means the bee- aid liquor control department established by state law or any divi- sion of such department. Director means tie director of tie beer and liquor control department, appointed pursuant to the provisions of state law, or his designee. Rotel a- motel means a penises licensed by the state departrent of agriculture and regularly a' seasonally kept opal in a bona fide manner for the lodging of transient giests, and with twenty (20) or more sleeping rams. Legal age means nineteen (19) years of age or more. This provision shall rot apply to persons rho were born on or before June 30, 1960. Licensed penises ar penises means all roans • or enclosures Were alcoholic beverages or beer is sold or crosuned uncle- authority of a liquor control license or bee- permit. Outdoor service area means an area outside of but irmnediately adjacent to a building housing a licensed penises, which area has been approval for use for the sale, dispensing and consumption of alcoholic beverages or bee- pursuant to tie provisions of this Chapter, Chapter 123 of the Iowa Code, and Chapter 150 of the Iowa Adninis- trative Code. An outdoor service area shall include any outdoor area where bee- or liquor is to be sold, served, carried, or crosuned by tie public aid shall be considered as part of the licensed penises. The Sarre Federal and State lays and local ordinances which apply to the licensed penises shall also apply to tie outdoor service area. Renmit or license means an express written authorization issued by the department for the manufacture or sale, or both, of alcoholic liquor a- beer. Person -means any individual , association, partnership, corporation, club, hotel, motel, or mnicipal corporation owning a' operating a bona fide airport, marina, park, coliseun, auditorium, 7� Ordinance No. 86-3289 Page 3 or recreational facility in or at which the sale of alcoholic liquor or bee- is only an incidental part of such ownership or operation. Person of goad moral character means any person who meets all of the following require- ments: (1) He/she has such financial standing and good reputation as will satisfy tie director that he/she will comply with the state law and all laws, ordinances, and regulations appli- cable to his/Fier operations under state law. (2) Ft/she does not possess a federal gambling stamp. (3) He/she is not prohibited by the provisions of section 5-38 of this chapter from obtain- . ing a liquor control license or bee, per- mit. (4) Ft/she is a citizen of the Ihited States and a resident of this state cr license] to do business in this state in the case of a corporation. (5) Ft/she has not been convicted of a felony. However, if his/he" felony conviction oc- curred more than five (5) years before the date of the application for a license or permit and if his/her rights of citizenship have been restored by the governor, the director may determine that he/she is a person of good moral character rntwithstard- ing such conviction. (6) If such person is a corporation, partner- ship, association, club, hotel , or motel, the requireneits of this subsection shall apply to each of the officers, directors, and partners of such person and to my person who directly or indirectly oats or controls ter (10) percent or more of any class of stock of such person or has an interest of ten (10) percent or more in the orne-ship or profits of such person. For the purposes of this provision, al individ- ual and his/her spouse shall be regarded as ore person. Prohibited sale of alcoholic liquor or beer under this chapter includes soliciting for sales, taking orders for sales, keeping or exposing for sale, delivery or other trafficking far a valu- able consideration panised or obtained, and procuring or allowing procurement for any other person. Riblic place means any place, building, or conveyance to which the public has cc is permit- ted access. Ordinance No. 86-3289 Page 4 Residence means the place There a person resides, permanently or temporarily. Ittail beer permit means a class "B" or 'C' bee- permit issued under the provisions of this chapter and state law. Retailer means any person Mho shall sell, barter, exchange, offer for sale, or have in possession with intent to sell, any alcoholic liquor for consunption an the premises vire sold, or beer for consumption either on or off the penises where sold. Spirits means any beverage Which contains alcohol obtained by distillation mixed with drinkable Water and other substances in solution, including, but not limited to, brandy, run, Whiskey, and gin. Wine means any beverage containing alcohol obtained by fermentation of the natural sugar contents of fruits or other agricultural prod- ucts. SECTION 3. tiODhENI: Chapter 5 ("Alcoholic Beve-- ages") of tie Code of Ordinances of the City of Iova City is hereby amended by adding thereto the foliar irg new Sections 5-39 through 5-44, to read as follovs: Sec. 5-39. outdoor Service Areas. tiny permittee or licensee under this chapter, or any applicant for a license or permit wider this chapter, desiring to operate an outdoor service area adjacent to and in conjunction with a licensed penises must obtain the approval of the city council and of the Iowa Bee- and Liquor Control Department before con nencing operation of such outdoor service area. Sec. 5-40. Application for Iernmission to Qs ate an Outdoor Service Area. (a) An application for an outdoor service area shall be made upon the form provided by tie city. Such application may accompany the initial application or any renewal applica- tion for a license or permit oder this Chapter or nay be submitted at any tine in conjunction with an mended application for a license or permit. An application for the approval of an outdoor service area shall include all information required to be sitmitted with applications for beer and liquor licenses. The application shall be sthnitted to tie city clerk at least 15 days pior to the date it is to be considered by tie city council. An outdoor service area shall be subject to the same annual reneval require- ments as are all beer and liquor licenses. /77 Ordinance It. 86-3289 Page 5 Approval by the city council of an outdoor service area shall be by letter to the Ias Beer and Liquor Control Department with regard to the diagram, dram shop insurance coverage and all other State requiranents. (b) Upon submitting an application for an out- door service area, applicant shall provide the name and address of the owner of each abutting property as well as every other property which is within one hundred (100) feet of applicant's prenises. The city will then notify these property owners by letter of the nature of the application and the date and time when it will appear on the agenda for approval by the city council, so that these property owners will have an opportunity to cement on the application if they wish. (c) Approval or disapproval of an application for an outdoor service area shall be at the discretion of the city council. Such dis- cretion shall be exercised with due regard to public health, safety and welfare consid- erations. In the event that there is a change of ownership, the outdoor service area use shall be permitted to continue provided that the usage is continuous. Sec. 5-41. Regulation of Outdoor Service Areas. The operation of an outdoor service areas shall be subject to the following terms, condi- tions and regulations. (a) Outdoor service areas rust be located on private property and may not encroach on any public right-of-way except as provided in Section 9.1-8 of the City Code of Ordinances. (b) Outdoor service areas shall not be located in the front yard of any licensed premises. (c) Outdoor service areas shall be screened on all sides fran public view. Screening shall consist of a fence or other suitable barrier of not less than five feet in height nor more than eight feet in height. It shall be of solid construction which will effectively prevent ingress or egress frau the prenises except by way of an emergency fire exit only. Such fire exit shall be required of all outdoor service areas. (d) Outdoor service areas shall not be accessi- ble except fran the licensed prenises which it adjoins. The required fire exit shall be an emergency exit only. (e) An outdoor service area must be immediately adjacent to the licensed establishment of which it is a part. Ordinance Pb. 86-3289 Page 6 (f) Outdoor service areas shall be permitted only in those zones which permit other than residential uses and shall rot be permitted to exist within 100 feet of any lot zoned for residential nae. (g) Outdoor service areas shall coiply with appropriate building, housing and fire codes and with all other applicable State and City laws. (h) Seating or other accomndations in an out- door service area shall not exceed one (1) person per fifteen (15) square feet of floor area accessible to the public. (i) Pnplified soul equipment shall be prohib- ited in outdoor service areas. Corpliarce with the City noise ordinance shall be re- quired. Additional advertisirg cr identifi- cation signage beyord that permitted for the main licensed establishnent shall not be permitted. (j) The owner or operator of an outdoor service area shall be required to observe the same per square foot company limits that apply to the building which it abuts. The occu- pancy limit for each outdoor service area shall be determined by the city building official. In the event irolere nt weather requires early closing of the outdoor se-v- ice area, the licensee or permittee shall not allow patrons of the outdoor service area to anter that portion of the licensed penises housed in the adjacent building if to do so would result in exceeding the occupancy lints therefore as determined by the city building official. Sec. 5-42. Exenptians Iran Outdoor Service Area Regulations. (a) An applicant may, as a pert of the applica- tion fa- an outdoor service area, request exemption fran the requirements of subsec- tions (c) and (d) of Section 5-41 above. After review and convent by appropriate City • staff, the City Council may approve such exemptions if it determines that to do so would rot jeopardize the health, welfare or safety of the users of the outdoor service area or of the owners or users of abutting property. The burden of establishing e ntitlenent to such exemption shall be upon the applicant, and cost of compliance alone shall rot be sufficient grourds to justify exeiption. Ortdoor service areas in ads- tence on the date of passage of the ordi- nance codified in this section shall have Ordinance Pb. 86-3289 Page 7 one year fran the date of passage to comply with all requirements for outdoor service areas stated in paragraph (e) above, or to obtain exemption therefran. (b) Outdoor cafes adjacent to City Plaza and plaza cafes, as defined in Chapter 9.1, Which are also approved for use as outdoor service areas, shall be exempt frau the requirements of subsections (a), (b), (c) and (d) of Section 5-41 above. This exemp- tion is deemed justified on health, welfare and safety grounds doe to the linited nature of the services offered by, and the limited hours and months of operation of, such outdoor cafes and sidewalk cafes, and die to the nature of public usage of City Plaza. Sec. 5-43. Inspectionof Outdoor ServiceA^eas. Outdoor service areas shall be subject to inspection at least annually at the same tine inspection oftthe adjacent licensed establishment mars. The City may, in its discretion, inspect an outdoor service area at any other time. Set. 5-44. Suspension or Ilzvowtim of Ftrmis- sim to Operate an Outdoor Smavice Area. (a) The city may, after notice to the licensee or permittee and after a reasonable opportu- nity far hearing, suspend or revoke authori- zation for the operation of an outdoor service areas for any establishment when the licensee or permittee has violated, or has permitted cr allowed the violation of any provision of the Iowa Cade or Code of Ordi- nances of the City of Iowa City pertaining to the operation of an outdoor service area, or when the continued operation of the outdoor service area constitutes a threat to public health, welfare, or safety, a' con- stitutes a nuisance. (b) the suspension/revocation procedure shall be initiated by the police chief by the filing of ai adninistrative hearing complaint with the city comcil or Iowa Baer and Liquor Control Commission. Written notice of hearing, as well as a copy of said complaint, shall be served upon the licensee or permittee at least tern days prior to the date set far hearing. lie hearing, if held before tie city council, shall be governed by the procedures as established by Sections 2-186 and 2-187 of the Code of Odinances of the City of Iowa City. In the event of suspension or revocation, the city shall Ordinance No. 86-3289 Page 8 notify the Iowa Baer and Ligior Oxntrol Department Hearirg Bard, pursuant to Sec- tion 123.32, Cade of Ioa. (c) rbtwithstarding the prwisicns of subpara- graphs (h) and (i) above, the city council nay order the immediate closure of an out- door service area if it is determined that its continued operation presents a clear and imminent threat to public health, safety or %e1 fare. (d) Suspension or revocation of authorization by the city for operation of an outdocr service area shall rot affect the licensing of the principal establishment, unless separate action to suspend or revoke that license/permit is also initiated. SECTION 4. REPEALER: All ordinances and parts of ordinates in conflict with the provision of this ordinance we 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 rot affect the validity of the Ordinance as a wdnole or any section, provision or part thereof rot ad- judged invalid or unconstitutional. SECTION 6. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passu and approved this 3rd day of June, 1986. 7(AI ATTEST: . u,,*, ,, cm CLERK g3 It was moved by McDonald , and seconded by Zuber that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER First consideration 5/27/86 Vote for passage: Ayes: Courtney, Dickson,McDonald, Baker. Nays: Strait, Ambrisco. Absent: Zuber. Second consideration 6/2/86 Vote for passage Ayes: Courtney, Dickson, McDonald, Zuber. Nays: Ambrisco, Strait. Date published 6/11/86 & Approved al Departmad .� .3-As/870 R L/ CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3289 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of June , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 11th day of June , 19 86 Dated at Iowa City, Iowa, this 8th day of July 19 86 RAM A PARROTT DEPUTY CITY CLERK OFFICIAL PUBLICATION irg such u OO1I CE W. 86-3289 (6) If sad p ship, asst he OJIiTH $kN TO PRIEA," Al)CHAPTER ITION F llfO'!EJ .ably rtn MMEI CROliwlCEs, cm OF IBA cm, BY HOMING SILLIlON ab �� 5-1 THOSE 10 PRI/VIRE A IIEFINITIAWIN CF llf IEIM per son l IC 5-.'A TNOIIW 5-44 FEIATING TO llf IfQIA- controls sai ass of TION OF OWOR SERVILE NUS. int Mes _ lifIO IT TOMO BY 71E Cm caeca ff 1FE CITY OFthe Pe'Po. APSE IOWA CITY, IpWA, nwr: ual and 111111 SECTION 1. RFPC6E: The prpose of this revision 01e peS° of Chapter 5 is to define the tem"outdoor sereice Prohibited....„.. - Wed and to provideregulations for their ation this cfal. 1.. �l taking ale's . in alcohol*p with a(remises licensed in sell beer �; or alctlolk peerages. sale, delivery g CfIW 2. NfMMNf. Chapter 5 ("Alcoholic Bever- able considnS g ages"), Section 5-1 of tie Code of Ordinances of the p'oourirg a a 03City of be City is hereby repealed an sWrtaWGd ee a "`- fi its plat is the fo folios: rev Sation 5-3 RA1 Dl. .� '@finitionsf to read as folios: Y TD a 9[/� Sec.5-1. Definitions. ed a cess. Printers fee$ / / • Tie following definition shall apply to this Residence ctepte': � •per^s'I Alcohol means the product of distillation of CERTIFICATE OF PUBLICATION ay fe entei liquor rectified ore or FOR tires, bee' permit i lEtui1 ore STATE OF IOWA,Johnson County,ss: Waterer way te tie origin thereof, and includes `leP rale N "'... . " . l. THE IOWA CITY PRESS-CITIZEN synthetic mtn cco oliyll+worhaw' alcoholic beverage in- barter..eche 'AN eludestie bras (3) varieties of ligwr defined hMsesson •,� :'y, ` 6 oder the tends "elect-el,' "spirits" an "wire" lei= for " , ,*(4,:- • t 'i, r. . this section,adept"beer' as refined -in this oald, or ' -. •y section, but ialedhg all beverages wale as the P'osl5 £'^... •- `xc'< „; I, described in such definition of bee- wAlch ccnSpirits L' t ta Bronwyn S. Van Fossen, being duly night.aad evthin ery ll csoiid.of etaitml by drinkabllela sworn. say that I am the cashier of the ' rot, oonreining alcdol, spirits, or wire, at including, b susceptible of being cmnunal by a human tete NY.and IOWA CITY PRESS-CITIZEN, a news- for beverage prrroses. paper published in said county, and that Application r» a fret citta regest Obtained by a notice, a printed copy of which is Ta nye issuance of a pewit or incase supported antents of by a verified statement of facts. hereto attached, was published in said Bea weans ay lipid capable of beimg a SECnWN 3. ' a 1 y paper / time(s), on the fol- for bevoale paposes wet by the fermentation of ages 0 1- et" an infusion in potable late•of barley,malt,art City is hereby f �, y1 lowing datelsl: hops, with or without implied grains or irg rev Sects - • • d�ticatei and degelminated grains containirg folios: J ;n rot mare than for (4) a-rcent of alcohol, by Sr.5-39. I . "741.-Ar-ew weight. Aly p • // / 0/9� mat wens any ua s, f,iit corporation or this any apple • I lessee, it of irdiv ofels, on:n is tiel agar sere chapter, mit j /' 1Cssee, t area^[ of a Rndd ist not c ire or service area \TI - ,_YJ, pat thereof, rembe'ship in which entails tie a licensed pr fcr a pro of regale owners and operated the city fcc a profit other than such profits as sold Control Oe.. Cashier acne to tie afire rw•snip._T__— _.__ _-_writ ontlar .. Subscribed-�GGand sworn to before me this p9/Z (day ' +-t:-7---41 , A.D. 1 19 it[i 0 c_0-4L :aaeid $lX?S • Notary Public ORS:aaeld g3inod Noll Si go alga 009C°TIP)TBPOM :aaeid P=P II .B° 009E°sip xapog :aaeid puoaas Boold "' SHARON STUBBS RIOUTUD 9E HA xePog :aaeTd 13IT fj 110 N3ZIZID-SS 3Iid DMol OBPt xo9 Oct '1s uoi6ulysoM '3 6LE SSI?) AID VMOI 4 in 4 4:/c_ ORDINANCE M. 86-3290 AN ORDINANCE ANEPDING CR4PTER 33 OF THE CODE OF ORDINANCES OF Tlf CITY OF IOWA CITY, IOWA, ENTITLED "UTILITIES"; BY REPEALING SECTIONS 33-44, 33-45, AND 33-163 THEREOF, AND ENACTING IN LIEU TFEREOF NEW SECTIONS TO BE CODIFIED THE SAKE TO PROVIDE IN- CREASED RATES FOR WATER AND SEbER USE IN IOWA Cfi. SECTION I. The purpose of this Ordinance is to repeal Sections 33-44, 33-45, and 33-163 of Chapter 33 of the Code of Ordinances of the City of Iowa City, bra, and to enact in lieu thereof new sec- tions to be codified the same to provide for the establishment of new rates for water use and sewer use in Iowa City, Iowa. SECTION II. ANEIDHEN1. Section 33-44 of Chapter 33 of the Cede of Ordinances is hereby repealed, and there is hereby enacted in lieu thereof a new Sec- tion 33-44 to read as follows: Sec. 33-44. Same-Funding. To generate adequate revenue. The user charge system shall generate adequate annual revenues to pay: (1) Costs of annual operation and maintenance, and (2) Costs associated with sewer bond retirement for bonds now outstanding including payments to all sinking, revenue, depreciation, exten- sion and inprovenent funds established in the ordinances or resolutions authorizing such bonds, and (3) When required, costs associated with sewer bond retirement of bonds to be issued in the future. - SECTION III. PiEHENT. Section 33-45 of Chapter 33 of the Code of Ordinances is herby repealed, and there is hereby enacted in lieu thereof a new Sec- tion 33-45 to read as follows: Sec. 33-45. Same-Rates. (a) Basis. Each user shall pay for the services provided by the city based on his/her use of the treatment xorks as determined by water neter(s) acceptable to the city. (b) Estimated billings; separate neters. User charges shall be based on actual water used during the billing period. If actual water use is rot available, the user charge will be based on prior water usage. New custmers shall have a first billing based on an estimate determined by the finance department. Is Page 2 (c) Minimum charge. The user charges for sewer service for 1) minimum monthly rates, for the first two hundred (200) cubic feet, or less, of water usage, and 2) each one hundred (100) cubic feet of water used in excess of first two hundred (200) cubic feet, shall be as follows: Effective Effective Effective 9/1/86 9/1/87 9/1/:: Minimum Monthly $ 3.00 $ 4.75 $ 5.75 Charge (includes the first 200 cu. ft. used) Each additional $ .66 $ 1.04 $ 1.26 100 cu. ft. used These user charges will be effective with the bill- ing sent after the effective dates listed in the preceding chart. (d) Surcharge. For those contributors who contrib- ute waste water, the strength of which is greater than nornal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance is: Effective Effective 9/1/86 9/1/:: 800 (per pound) --- 09 SS (per pound) $.06 $.10 (e) Users to bear increased costs. Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge fran the city's treatment works, or any user which discharges any substance which singly or by interaction with other substances caused identifi- able increases in the cost of operation, maintenance or replacement of the treatment works, shall pay for such increased costs. The charge to each such user shall be as determined by the director of public works and approved by the city council by resolu- tion. . (f) Applicability of charges. The user charge rates established in this section apply to all users, regardless of their location, of the city's treatment works. (g) Water not discharged into system. If any user of water consumes water for any purpose which does not cause discharge into the sanitary sewer system, and if approved by the city and as established by a separate water meter installed and maintained by SG Nage s such user, the consumption of such water can be determined, no charge shall be made on the basis of water so supplied. Residential contributors shall not be allayed this option, unless approved by the finance department. (h) Water discharged into system from private source. If any person shall discharge water into the city sanitary serer system from private wells or other sources other than the city water system, the city shall have the right to install a Trete at the arner's expense to measure such flow or to use whatever means are satisfactory to the owner and the city to Treasure such floe for the purpose of deter- mining sewage treatment charges. SECTION IV. Section 33-163 of Chapter 33 of the Code of Ordinances is hereby repealed, and there is heresy enacted in lieu thereof a nen Section 33463 to red as follows: Sec. 33-163 (a) The user charges for water service for the first two hundred (200) cubic feet, or less, shall be as follows: RHES hETER SIZE EFFECTIVE EFFECTIVE EFFECTIVE (Inches) 9-1-86 9-1-87 9-1- :___ 5/8 $ 3.25 $ 3.60 $ 3.80 3/4 3.75 4.15 4.35 1 4.40 4.85 5.10 1-1/2 8.75 9.65 10.15 2 11.75 12.95 13.60 3 21.75 23.95 25.15 4 37.95 41.75 43.85 6 76.40 84.00 :.20 (b) The miniman user charges for large- metes will be based on comparative costs to a 6" meta. The miniman user charge for a custaner who furnishes the rreter at their own costs will be based cn the mini- nun for a 5/8" meta regardless of the size. (c) The following rates shall be charged an all water used in excess of 200 cu. ft. per mxhth: ----RATES PER 100 CUBIC FEET---- N N71-LY USAGE EFFECTIVE EFFECTIVE EFFECTIVE (Cubic Feet) 9-1-86 9-1-87 9-1-:•: Next 2,800 $ .75 $ .83 $ .87 Next 17,000 .45 .50 .53 Over 20,000 .40 .44 .46 27 -ye (d) The foregoing rates and charges shall apply only to prrperties located within the corporate limits of the City of Iowa City: Where another minicipal corporation has entered into a contract with the City of Iowa City, the rates provided for • in such contract shall prevail. For all areas outside the City corporate limits of the City of • Iowa City for which thereis no prevailing contract, the rate shall be established as 50% above those provided herein. (e) The water rates and charges herein established will be effective with the billings sent after the effective dates listed in the preceding charts. SECTION V. MEPI.ER. Section II of Ordinance No. 81-3032, and Articles III and IV of Ordinance No. 81-3021, and any and all other ordinances or parts of ordinances which are in conflict with this ordi- nance are hereby repealed. SECTION VI. SEVERABILITY. In the event any sec- tion, provision or part of the Ordinance shall be adjudged by a cart of coipetent jurisdiction to be invalid or unconstitutional, such adjudication shall not affect the validity of this Ordinance as a whole or any section, provision or part thereof not ad- judged invalid or unconstitutional. . SECTION VII. 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 June, 19 / / ` ATTEST: _neLatilecn C !. • . & 4 roved 4, . . . Himont —ea 41.4tazet- 84' It was moved by Dickson , and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: _X__ AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD —R— STRAIT X ZUBER First consideration XXXXXXX Vote for passage: Second consideration 6/3/86 Vote for passage Date published 6/25/86 Moved by McDonald, seconded by Zuber, 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 consideration and vote be waived and the second consideration be given at this time. Ayes: Dickson, McDonald, Strait, Zuber, Ambrisco, Courtney. Nays: Baker. it CITY OF IOWA C TY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CCo STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3290 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of Junc , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 25th day of Juno , 19 86 Dated at Iowa City, Iowa, this 8th day of July 19 86 • `71Z�c� RAM NA PARROTT DEPUTY CITY CLERK OFFICIAL PUBLICATION -• -•-- ODINKtEM. 86-3290 users, regardless of their location, of the city's blatant works. AY OkgIrWCE MBUIFS Ci0➢16i 33 OF TIE WE Cf (g) Water not discharged into system. If any user O411214/C3 CF ITE LITT OF IPA CITY, lea, ENTITLED 'of rate- rmw'es water for any expose With does RRILUTIE", 8/FFPFALle SECTIO6 33-44,33-45,NO not wxR m, t cause disdinto Urn sanitary sea'systei 33-163 11EFEDF, NO EWCTING IN LIEU TIERE% 184 , and If a;gwed by the city and es established by a SCCTI116 TO B: CCOIFim TIE SME TO FW/UE IN- ,waeprete rets rete installed ad maintained by CREASED RHES FCR LATER NO 5949 LGE IN IDA tilt. such user, the ansurptton of such water can be determined,ro tharge shall be node an the basis of SECTIOI I. the Wprse of this Ordinance is to water so supplied. Residntlal contributors shall npeairccf Ions 11-44, 33-45, and 33-163 of Chapter rot be allo.ei this Wation, unless e{promi by the 33 of the Calmat !(Irgina ces of the City of lea finance departet. City, Iowa, end bacct in lieu thereof new The (h) Water discharged into system from private Lions ter be.codified the save to provide for the source. If ay prion shall discharge sate- into - establlihet of new rates for water use ad sine' the city sanitary sower systen from private wells or ' use In CS Iowa. , other SMILES other thin the city water system, the SECTIO i @lie lection 33-44 'S3 .:,pity shall have the right to install a sets-at the o e nate*. is hereby S ein is expose to nmsure such flaw r to use there is{M r In 110i LCisie r Sao• tratess rens are satisfactory to the owe and the tion 13 to as follows: r city to nmsure such flow for the prase of deter- • reining sedge treere t Charges. Sec. 3344.5s1fydhp. SECTION IY. Settle, S}E{3 of Chapter 33 of tie I To graatP ab Late- revenue. the user Charge Lode of ordinances is led.and there es ,�� system shall Whaled egegw[e annual revenues to hereby eactai in lis `sew section 33-163 P4Y: to read as follows- ,,,p -� (1)Costs of creel cpeation aid reintenance, Sec. 33-163 Printers fee$ 7 ad (a)The user Caryl fa-water evice for the first (2) Costs ascclated with see tad retlr rent t+o wrdred (2301 _„1_,, Ixts, shall be as for Wards nal outstading including parents follows: y" CERTIFICATE OF PUBLICATION to fe pm a it u depredation, in a - - ordinances a resolutions authorizing suds F£IERSIZE amenwf STATE OF IOWA, Johnson County,ss: bonds,at �' n'� THE IOWA CITY PRESS•CITIZEN (3)The repuiral costs associate with see (Inches) 9-146-" -1-83 bond retherrt of bods to to Issued In the 5/8 S 33 S. f 3.81 Mae. 3/4 34 5 -- 4.35 SEC ROI ode Of dSection 33-4hereby of repealed, 33 1 45.10 of the tale of Ordinancesedis uereby f a and 1-1/2 8.75 ( 10.15 I, there is heathy reacted in lieu new Sec- 2 11.75 12. 13.60 tic.33-454tS rad is follows: 3 9.75 a95 3.15 Bronwyn S. Van Fthe being duly Sec. 33-xis Sae-Rates.use 4 37.95 41.75 43.85 sworn, say that I am the cashier of the (a) Basis' Each 'ser shall pay for The services 6 76.40 8400 43.m provided by the city basal on his/her- use of the IOWA CITY PRESS-CITIZEN, a news- provided wets as abased ai by water esters) The minima user charge far 7��•„etas will paper published in said county, and that ante to city' (b)ebased ah corarative oats to a 0 mate. The Pcopy (0) Estimated billings; separate eaters. Uva minirun user charge for a oyster waw fern-idle the a notice,oa d, wasa of which is rh,yews shall be based an acbel wets- used Is r raster at their won costs trilled based iz tre rani, hereto attached, published in said to billing period If actual watt use is not mm far a tar trete'regardless of One sire. paper ' time(s), on the fol- available, the user charge Oil bsA�aa�d c. Orin' followingrates shall ce Gorged m all lowing datelsl: water usage. N04 =t shitil leve a tint ([) The billing based ea en esti rfl4f�ileed by the vete-used in excess of MO w. ft.per moth: 9 9 Coinance delartnnt. fray " --PATES PER 100 CUBIC FEET-- (c)�4 ' / / /! C e ice for tMerge. Therese s,gfo for fes .- ( Mi for I)eninthly rates, est the first FOTIH.Y armpit nF73;uwE 6TEL'TIYE tic twrdrel (30) otic feet, or less, of voter (Cubic FCR) 9-1-86 9-147 94-83 usage, annd 2) tach me hundred (100) whit feet of 1--,--,2- 1^-i /. u ry, hour nee, h breva of first b+o hmdred (20O) Wast 7,000 S .45 f .53 S .53 Ni r/ ( cubic feet, shall be as fellers: Next 17,000 .45 .`44 .53 Over 20,000 .40 .44 .46 Cashier Effective Effective Effective (d) The foregoing rates at larges shall apply 9/1/86 9/1/87 9/1/88 only to pcpetls locate] within the corporate Minima Monthly $3.00 S 4.75 4 5.15 limits of the City of lea City. where another Subscribed and sworn tO before me Charge(inciud45 W t� ewryofa`�has t scontract City , atesprovided the first 2(0 ' in such contract shall prevail. For all areas Cu. ft. use)' outside the City corporate limits of the City of thisp� a,CC Fath edditioal $ 65 s 1.04 S 1.26 Iia City for which there is rut prevailing contract, �ttiay Of A.D. . the rate tall be established as `0t above those 100 et ft. used provided herein 19 �{�. These user Chagos will be effective with the billThe and charges Satin- ing sent after the effective dates listed in the shell effectivew itlh the Oi 111ngt seu�attar The ��y'.)�/jlJC it preceding dart. 'effective dates listed in Ale ig charts. S- - �L�y�� - For those contributors Mo cmtrih- SECTION V. fEPFALER. Setign 71 of Ordinance No. (d) Surcharge. 81-302, and Artscles III eid.lV of Ordinance No. Notary Public Lite waste watt, the stregth of siith is greater 81-fl, and Ng ad all'aFitr rH 6nances ar parts than conal emetic sewage, a'surcharge In addition of or nances which are'i,conflict with this ordi- LL� to the nornel use Barge will collected. line nonce ere hereby rpealt& i NO. f J ✓ surcharge for operation ani maintenance is: SECTION VI. SEVERABILITY:,In rent any sec- Effective Effective o^,Pte'{shin a part of 11*I shall be 9/1186 9/1/88 ad dged by a court of cog,and it a*to be SS (er and) -5..65-. -5.119 invalid t urcm lldltyaet, is O Lim swrele hall ' SHARON STUBBS 55 leer poet) $.D6 $.10 not affect the validity of this art e4�a a pf], r dry section, provision or part tire rot ad- ,� . (e) Users to bear' Increased costs. Piny use. l h .5'�invalidvu4r cllvE TE. This SEC In its Gina. ,Ordinanceppshall . ,.. .. . discharges any tack palaging t Mffl wase ere by in effect afte' its final Passage. approval ab S increase In the cost of managing the effluet cr the publication as wonted by law. sludge from the city's treaOut neworks, tax dry userPassed and approved this 17th day of June, which discharges dry substance which singly or by Ah interaction with other substances causal kkntifi- . able increases in the cost of operation,neinteance v wE%a7s' or replacennt of the treabreat woks,Sall pay for suth increased costs. The charge to each such user • shall be as determine) by the director of pylic works and alprmal IN the city coyrcil by taint°- ATTEST: koll�w,s�_ 2,�aaA/ tion. iITY IAF1X (f) Applicability of charges The user Cage 25,1986 rata stablfShed in this secttoh apply 17658 June l, two all r - qi / I ORDINANCE N0. 86-3291 AN ORDINANCE VACATING A PORTION OF HOLLYWOOD BOULE- VARD. WEEREAS, the City of Iowa City agreed to rezone certain property in Ordinance Pb. 85-3256; and NkEREAS, a condition of that rezoning vas the closure of a portion of Hollywocd Boulevard between Keokuk Street and East of Broadway Street. BE IT ORDAINED BY TEE CITY COLWIL CF IOWA CITY, IOWA: SECTION I. VACATION. That the City of Iowa City hereby vacates that portion of Hollywood Boulevard extending approximately 400 feet east of the inter- section of Hollywood Boulevard and Broadway Street, and that portion of Hollywood Boulevard extending west of Broadway Street to the east line of Lot 1, Block 1, Braverman Center. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provi- sion on part of the Ordinance shall be adjudged to be invalid or inconstitutional , such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional . SECTION IV. EFFECTIVE DATE: This 0-dinance shall be in effect after its final passage, approval and publication as required by law and ipon the comple- tim and opening of the Broadway Street/Highway 6 signalized intersection. Passed and approved this 15th day of July. ,CR ATTEST: kez4, ,,J yY. 9E�AAl env CLERK Received & Approved By Ms UAW 6/n 0 rnf 90 ! d7 (1 It was moved by McDonald , and seconded by Zuber that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER First consideration 7-1-86 Vote for passage: Ayes: Baker, Courtney, Dickson, McDonald, Ambrisco. Nays: None. Absent: Strait $ Zuber. Second consideration Vote for passage X Date published July 23, 1986 Moved by McDonald, seconded by Zuber, 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: Strait, Zuber, Ambrisco, Baker, Courtney, McDonald. Nays: None. Absent: Dickson. 90 CITY OF OWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I , Ramona Parrott, Deputy 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. 86-3291 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of July , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 23rd day of July , 19 86 Dated at Iowa City, Iowa, this 3th day of August 1986 R ONA PARROTT DEPUTY CITY CLERK LOFFICIAL PUBLICATION Printers fee S QQao ORDINANCE N7. 86-+291 ' AN OROINAACE VACATING A PORTION CF HOLL151000 BONE; CERTIFICATE OF PUBLICATION 9A• STATE OF IOWA, Johnson County,ss: wt{REAS, the City of ioe City agreed to rezone certain property in Ordinance Na. 85-3256; aro THE IOWA CITY PRESS CITIZEN 4AfRFAS, a condition of that rezoning vas tte closure of a portio,of Hollywood Ibulevard between Keokuk Street are East of B oaisy Street. • ff TT'0101tFD BY TIE CITY COUNCIL CF 1(314 CRY, Ir I044:.` SE1IY1 1 i. VACATION. That the City of Iona City Bronwyn S. Van FOSsen, bell duly hereby vacates that partial of Hollywood iuleeard g extending approximately 400 feet east of the inter- sworn, say that I am the cashier of the section of ki1lywocd Bwievard and Broadway IOWA CITY PRESS-CITIZEN, a news- and that portion of lbllywood Ibulevare .47; west of Broadway Street to the east line 1, paper published in said county. and that Block 1, Braverman Center. ri•{ a notice, a printed copy of which is SECTION II. REPEALER: All ordinances ad of hereto attached, was ublished in said ordinances in conflict with the provision , is P ordinance are hereby repealed. paper I timelsl, on the fol- SECTION III. SEVERABILITY: if any section,provi- 10 W 1 n date(s): s ion or part of the Ordinance shall be adjudged to be invalid a- unconstitutional, such adjudication shall not affect the validity of the Ordinance as a thole or any section, provision or part thereof not �� adjudged invalidEF or EFFECTIVE [/VIE:unconstitutional. j / SECTION IV. EFFECTIVE [NATE: This Ordinance shall ,a20% /�f N, be in effect after its final passage, apprcwal aid " G� tiaipailatfon as required by law and Stre the male- s8y tion Ciro opening of the Broadway Street/High/8y 6 signalized intersection. Pass°and aiorovid this 1Sth day of Ju:., Cashier 198h. / • Subscribed and sworn to before me • ,� ,ATTEST: a, . CL.rSX 7' this •rday of , A.D. 14348 July 23,1986 19 SlQ Notary Public No. I I � / '4 SHARON � L ORDINANCE ID. 86-3292 AN (1 )INAPDE RENDING TIE ZONING ORDINANCE BY CHANG- ING TIE USE REGULATIONS CF CERTAIN PROPERTY LOCATED O4 NCRDI33A1E DRIVE IN TIE NCI2THGAIE CORPORATE PARK. WHEREAS, Pbrthgate Corporate Park is located in an area zoned Highvay Commercial (CH-1); and WIEREAS, the Canprehensive Plan for the City of Iowa City shows camercial office use in the area containing Nbrthgate Corporate Park; and WHEREAS, the existing development near the Pbrthgate Corporate Park is for office uses and uses compatible with office uses; and WEREAS, camercial office uses are the most appropriate use for the area. BE IT ORDAINED BY Tlf CITY COUNCIL OF TIE CITY OF IOWA CITY, IOWA: SECTION I. ZONING ANENDIENV. That the property described below is hereby reclassified lean its present classification of CH-1 to CO-1: Lots 1, 2, 3, 18, 19, and 20 of Highlander Developrent, First Addition, an addition to Iove City, Iove, according to the plat thereof re- corded in Plat Book 25, page 52, Plat Records of Johnson County, Iove. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning neap of the City of Iove City, Iove, to conform to this anendne t upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance which shall be recorded at the office of the County Records- of Johnsen County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY: If any section, provision cr 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 VI. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 15th day of July, 1986. h\ —.LI.... ' s • Yr ATTEST: CITY CLERK ledieTVLR!' a% day fhia [egbi' WWWeptritt i 9 ) 3 � c J H It was moved by McDonald , and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: • X AMBRISCO X BAKER _X—_ COURTNEY X DICKSON MCDONALD STRAIT X ZUBER First consideration 7-1-86 Vote for passage: Ayes: Courtney, Dickson, McDonald, Ambrisco, Baker. Nays: None. Absent: Strait & Zuber. Second consideration 7-14-86 Vote for passage: Ayes : Baker, Courtney, McDonald, Strait, Zuber, Ambrisco. Nays : None. Absent: Dickson Date published July 23, 1986 ql CITY OF IOWA C TY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5090 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I , Ramona Parrott, Deputy 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. 86-3'9? which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of July , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 23rd day of July , 19 86 . Dated at Iowa City, Iowa, this 5th day of August 19 80 (--/4 (3/, RAM A PARROTT DEPUTY CITY CLERK OFFICIAL PUBLICATION ORDINANCE N3. 8b-3J92 • 7, iN 9asINAta AMENDING TFE ZONING ORDIVUJCE BY CIAhG- fQ •. f TIE LGE IEGUATIOtb CF CERTAIN PROPERTY LOCATED V + ,.c �RTicATE DRI1E IN TIE NDRTNGATE CQ2PORATE PAW. Printers fee S i IS i. REAS, Nartlgate Corporate Perk is 1°cated in ,; t zoned Righney Corm_rcial (oi-I);and - ,0 tplkEREAS, the Conp-ehensive Plan for the City of illfirCERTIFICATE OF PUBLICATION fin �� ate Corporate officeruse in the °`e' n0 tlgate Corparate Park;and STATE OF IOWA, Johnson Count ss: NIEREAS, the existirg developnert near they, ibrttgate tnrtorate-Fbrk is for office uses and uses THE IOWA CITY PRESS-CITIZEN cOTtible with office uses;and IHREAS, comercial office uses are the post appropriate use for the area. IEIT ORDAINED BY TIE CITY COUNCIL CF TIE CITY CF IOWA CITY, IOWA: I, SECTION I. ZONING f4'UOENT. That the property described below is hereby reclassified fron its Bronwyn S. Van Fossen. being duly pvvxnt classification of C8-1 to CO-1: n Lots i, 2, 3, 18, 19, and 20 of Nighla sworn, say that I am the cashier of the rsle- (lveloprent, First Addition,an addition to love IOWA CITY PRESS-CITIZEN, a news- City, lova, accordig to Pe plat thereof re- corded in Plat sok 25,page 52, Plat Records of paper published in said county, and that a notice, a printed of hich is Johnson Couity, lowa- cop.y wSECTION II. ZONING FAP. The Building Inspector is hereto attached, was published in said hereby authorized and directed to change the zoning paper time(s), on the fol of the City of lee City, D341, to conform to this anendnent up n the final passage, approval and lowing date(s): pblication of this ordinance as provides by law. SECTION III. CERTIFICATION AND RECORDING- The City Ll.erk is hereby authorized and directed to certify a copy of this ordinance vhich shall be recorded at /,, �1�f the office of the Canty Recorder of Johnson County, �{� O)✓//9� Iowa,upon final passage and pblication as provided O4 I by law. SECTION IV. REPEALER: All ordinances and part Jlf /j yJ ordinances in [afflict with the provision of this %gA---g—nt.,01-rij �^"r �/ cw inane are hereby repealed. Cashier SECTION V. SEVERABILITY: If any section,provision, or part of the Ordinance shall the adjudged to t invalid or unconstitutional,such adjalication shalr • not affect the validity of the Ordinance as a%Mole Subscribed and sworn to before me or any section, provision or part thereof not ad- judged invalid Crmcrostitutional. • n SECTION Vi. EFFECTIVE DATE: This D•dinance shall be in effect after its final passage, approval and this 3/1 f,,Ltday Of r v .J , A.D. publication as recuired by law. 1 bsed and approved this 1 Sth duy of July, 190. 19c. ((--VA-Skr44". 46/.10/1. ir : .' 11 �, 'y/J�, +YCR �� '^+ �J�� —i ATTEST: ded ' . �, Notary Public cern CLERK 14341 July 23, 1986 No./J5_1 .rC' :Ica 'f a SHARON STU BBS ORDINANCE NO. 86-3293 ORDINANCE VACATING A PORTION OF TELIERS COURT SOUTH OF RIDER STREET. WI-AREAS, the City of Iowa City has received a request frau the Seventh Day Adventist Church to vacate a portion of Teeters Court; and WHEREAS, this portion of Teeters Court serves only the church and an adjacent residence; and WHEREAS, private access to both properties will be maintained. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. VACATION. That the City of Iona City hereby vacates that portion of Teeters Court le- gally described below: All that part of Teeters Court lying south of the south right-of-way line of Rider Street and north of the Cedar Rapids and Iowa City Railway right-of-way in Chatauqua Heights, a subdivision in Iowa City, Ions. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of this Ordinance shall be ad- judged to be invalid or unconstitutional , such adjudication shall not affect the validity of the Ordinance as a wnole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 15th d y of July, 1986. // AL_ /`. : .1, •,. ATTEST: 1ka n� ) C leceive.d & ApArov. ,. De 7 92. It was moved by McDonald - , and seconded by Courtney that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: _x— AMBRISCO BAKER _X_ COURTNEY _X_ DICKSON _X__ MCDONALD _X__ STRAIT X ZUBER First consideration 6/17/86 Vote for passage: Ayes: Baker, Courtney, Dickson, McDonald, Ambrisco. Nays: None. Absent: Strait, Zuber. Second consideration 7/1/86 Vote for passage Ayes: Dickson, McDonald, Ambrisco, Baker, Courtney. Nays: None. Absent: Strait, Zuber. Date published July 23, 1986 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3293 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of July , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 23rd day of July , 1986 . Dated at Iowa City, Iowa, this Sth day of August ,19 86 . a na Parrott, Deputy City C irk II-1► Printers fee$ I C _ OFFICIAL PUBLICATION CERTIFICATE OF PUBLICATION ORDINANCE NO. . .• STATE OF IOWA, Johnson County.ss: • CRUINaNCE VACATING A PORTION OF TEETEf,COURT SOLON THE IOWA CITY PRESS-CITIZEN OF RIDER STREET. WEi1FAS, the City of Iowa City has received a. • . request fran the Seventh Day Adventist Church to , vacate a portion of Teeters Court;and I, WHEREAS, this portion of Teeters Court serves only..the church and an adjacent residence;and Bronwyn S. Van Fossen. being duly 11*fljfAs, private access to both properties will sworn, say that I am the cashier of the inpni. "d tcili,�AItED 8Y ME Cm COUNCIL OF INA CITY, IOWA CITY PRESS-CITIZEN, a news- law,1...f paper published in said county, and that • •SECTION I. VACATION. That the City of Iowa City hereby vacates that portico of Teeters Court le- a notice, a printed copy of which is gally described below: hereto attacY',.ed. was published in said All that part of Teeters Courtsouth lying of / the south right-of-way line of Rider Street paper time(s), on the foi- and north of the Cedar Rapids and Iowa City lowing datelsl: Railway right-of-way in Chataupua Heights, a subdivision in Ian City Io a. SECTION II. REPEALER. All ordinances and pats of orinances in conflict with the provisions of i A,p this inane are hereby repealed. e- / ei� / e SECTION III. SEVERABILITY. If any section, ,,, ....2, / provision or part of this Ordinance shall be ad- judged to be invalid or unconstitutional, such /] 80l �e/n,w /` , �L� adjudication shall not affect the validity of the �1 +� �q !L!2 (hdinance as a whole cr any section, provision or JCashier part thereof not adjudged invalid or unconstitu- tional. SECTION IV. EFFECTIVE DATE. This Ordinance shall he in effect after its final passage,approval and publication as required by law. Subscribed and sworn to before me passel and approved this 15th day of.luly, 1986. this3)4J day of), , A.D. . /1_2.. /d 1936. ATTEST: /7/.4,..:‘,..m? (Jh,,�7 a> CLQ n 1.1311 July 23. 1986 y� -�� Notary Public No. I i 5-/ g0 • `r SHARON STUBBS ORDINANCE NO. 86-3294 ORDINANCE AMENDING SECTION 14-78(b) OF THE CODE CF ORDINANCES OF TIE CITY OF IOWA CITY, IOWA, TO ADD PROVISIONS FOR THE LOCUST-ATTON OF REQUESTS FOR CABLE SERVICE AND FOR LIQUIDATED DAMAGES FOR TIE FAILURE OF THE QWITEE TO MEET SINES FOR RE- QUIfdED CABLE ?EMR( EXiE}SI&S. SECTION I. PURPOSE. The purpose of this anend- ment is to provide for docuneitaticn of requests for cable service and to provide for liquidated daneges for the failure of the grantee to meet deadlines for required cable network extensions. SECTION II. AMDDENI. Section 14-78(b) of the Cade of Ordinances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the following nav Section 14-78(b), including the new subsections (4) and (5) thereto: • (b) Extension of network within city boundaries: (1) Conditions of required extension: The grantee shall at its expense extend its broadband telecamunications network so as to provide full network service to all potential subscribes in: a. Newly annexed areas of the city contiguous with an area served by or required to be saved by an existing network as soon as possi- ble but in no event later than six (6) months after the first request for service. b. Newly annexed areas of the city non-contiguous with an area served by or required to be served by an existing network as soon as possi- ble but in no event later than six (6) months after the first request for service when the annexed area contains at least twenty (20) potential sbscribers per plant mile including interconnecting trunk. c. New housing areas developed within the city limits and contiguous with an area served by or required to be saved by an existing network as soon as possible but in no event later than six (6) months after the first request for service. d. New housing areas developed within the city limits and non-contiguous with an area saved by or required to be served by an existing network as soon as possible but in no event later than six (6) months after the .� 1 Ordinance No. 86-3294 Page 2 first request for service %hen the annexed area contains at least twenty (20) potential subscribers per plant mile including inter- connecting trunk. e. Any resident dwelling within the city limits and within two hundred (200) feet of an existing network as soon as possible but in no event later than thirty (30) days after the first request for service. (2) 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. (3) 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. (4) Documentation: Upon receipt of a "first request for service" by a poten- tial subscriber within any of the required extension areas listed above in Section 14-78(b)(1), the grantee shall document such request(s) by 1) promptly sending written acknowledge- ment of same to the requesting poten- tial subscriber confirming the date of grantee's receipt of such request and 2) by supplying monthly to the Commis- sion a list of the names and addresses of those potential subscribers making such first requests for service during the prior month, including in said list the date of grantee's receipt of such requests from each said potential subscriber. (5) Damages: Failure of the grantee to meet the deadlines for required exten- sion of the network as specified in Section 14-78(b)(1) unless exempted under the provisions of Section 14-79(f) shall result in withdrawal from the security find as provided in Section 14-75(d) up to one hundred dollars ($100.00) per day for each day (443 Ordinance No. 86-3294 Page 3 beyond said deadlines as corpensatim by %ay of liquidated danages as a result of such failure. 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, provision or part of this Ordinance shall be ad- judged to be invalid ar unconstitutional, such adjudication shall not affect the validity of the Ordinance as a %hole or any section, provision cc part thereof not adjudged invalid or unconstitu- tional. 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 15th day of duly, 1986. ' / ,-\ e.ATTEST: G . It was moved by Strait and seconded by Zuber that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber First Consideration 7-1-86 Vote for passage: Ayes: Ambrisco, Baker, Courtney, Dickson McDonald. Nays: None. Absent: Strait, Zuber. Second Consideration Vote for passage: Date published July 23, 1986 Moved by Strait, seconded by Zuber, 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: Courtney, McDonald, halved i Appeove Strait, Zuber, Ambrisco, Baker. Nays: None. Dep�rhitt Absent: Dickson. By The legid 93 CITY OF OWA C TY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) } SS JOHNSON COUNTY ) I , Ramona Parrott, Deputy 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. 86-3294 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of July , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 23rd day of July , 19 86 56 Dated at Iowa City, Iowa, this 5th day of August 19 RA !NA PARROTT DEPUTY CITY CLERK • OFFICIAL PUBLICATION (5) Manages: Failure of the grantor w ', :met the deadlines for required erten- n OWINNCf W. 8x_1294 sion of the nelrmrk as specified in CI'OINaNCE/MENDING SECTION 14-78(b) OF TIE _ Section. 14-78(b)(1) unless excepted under the provisions of Section N70E W ORDINATES W 1E CITY OF IOWA 14-79(f) shall result in with:deal CITY, INA, TO AID PROVISIONS FOR. TIE frau the security fund as provided in IAGi OATIa1 BF rt(Ims15 FON CABLE SERVICE ' Section 14-75(d) iy to ane hundred ANO Fat LIQUIDATED PAGES FOR TIE FAILS dollars ($1®.00) pa day for each day OF 1W GRANTEE 10 MET WADES FOR TE- beyond said deadlines as cmpeisation COIFED CARIE IEll4M;EXTENSIONS. by way sof liquidated dareges as a w result of such failure. SECTIOI'1. FGVOLE. the puryoseof this amxl- SECTION III. FEPENER: All ordinances and parts nest is to provide far documentation of re7ests fa of,..ordinances In:conflictwith the.provisions of cable service and to provide for ligndatd damages . this ordinance are hereby filed. • for the failure of the grantee to meet deadlines for ,I SECTION IV. SEVERABDLI1Y: If any section, required cable network extensions. I prwls'on er part of this Ordinance shall be ad- • SECTION II. Nf1LPENT. Section 14-78(b) of the ° judged to be invalid a- .unconstitutional, such qs Cade of Ordinances of the City of Iota City, Iota, adjudication shall not affect..the validity of the is heresy repealed and substituted in its place is I Ordinance as.a Wille a- any section, provision or the followinge7f nae Section 14-78(b), inclining the part tha- not adjudged invalid invalid unanstitu • - Printers fee 3. ) nun subsections (4) and (5) thereto: 1 tional. ,,, (b) Extension of network within city ba dries: SECTION V. EFFECTIVE DATE: This Ordinance shall CERTIFICATE OF PUBLICATION. (i) Ghee shations ll at it'red s e`�sio: III to in effect after its final passage, apuwal and egianse meted its publasseionas required by law. hsotebend ectill r tsork service to passel area approved this July 15, 1986. STATE OF IOWA, Johnson County,ss:,, as to provide full nerve k service to THE IOWA CITY PRESS-CITIZEN all potential subscribers dna /�r a. Nelly annexed area of Ude city. /(�L/' y` /' , , contiguous with an area serval by. __ ,.,•f. or require to he served by an existing nas sou as Cosi- ATTEST: G... " _ -. ble but in no eventlater than six � rk I, (6) months after the first request Bronwyn S. Van Fosses, being duly far service. 14343 July 23,1986 ' b. tiwly annexed areas of the city sworn, say that I am the cashier of the non-contiguous with en area served IOWA CITY PRESS-CITIZEN, a news- by a ream to be served by an a published in said county, and that existing nim as sate than an six Per PY bit e bit in no emit later six a notice, a printed copy of which is (6)moths after the first request hereto alta ed, was published in said for service Ws least admen area contaim at twenty (m) paper time(s), on the fol- potential subscribers per plait '- lowing datels): mile iq lel;g iota pxxsti g trunk. - c. New housing areas developed within J /;' �J /J the cety limit and contiguous with A-Z4 'OS 3l //0 ane area served by or required be _ . //!f soon by an existing ne as soon as possible bat in no event later then six (6)months after the first ml for service: id, /� d. flea.housing assn developed within Cashier city limiss and y mer rewire with on eras served bis cue rewired • to be served by an existing rchmrk as soon as possible but inno event later than six.(5)imnths after, the , Subscribed and sworn to before me first request for service Men'the • ,annexed area contains at least Sst )1annexedtwenty (20) potential scribers • this.3J a day of A.D. per plant mile• including inte- connecting trunk e.. My resident. dwelling within the , I9 city limits and within two hudrd (201) feet of an existing neem ! , /�� ,....-1°,--1--c I) I I as soon as possible but in ro event Y)C.)r a„ .7�v� �T(/ lata than thirty (mest r strays after. • - -_ - \ (2) Exte sionhe irst palic�y.: The grantee shall' ' Notary Public file with the city clerk two(2) copies �ry of its extension policy for potential No. (i S 6 O subscriberslalling beyond ha hundred (200) feet frpn the nearest point of ' the existing network, but within the ; _ v city limits. Sudi policy oust be 1 v SHARON STU6€3S approved by the city and the.grantee I , o rF shall rot peke,or refuse to Make any _ • extension except as permitted by this. i . . __... • approved policy. • (3). Dispctes: The wmdssion shall, upon • y , petition, lord st a public hearing and 'rake a,final detamsnation concerning ' any dlsptes arising fran the extension , • of the retvork as state herein, (4) Ikedantatlor Upon receiptof a "first4epat'for service'by a potter- ' tial subscribe• within any of the ^' required extension areas listed above ' in Section 14-78(b)(1), the grantee shall document such ruaestis) by 1) ' pmptly sending written ackrgrdedge- . red of sae to the requesting paten- ' • tial subscribe'confirming the date of , grantee's'receipt of such request and 2) by supplying ninthly to the Cmnis- s- siM a list of the nares and aaLises - of thosg_p>teitial sibscribes making such first In nests for service during the prior north, including in said list the date of grantee's receipt of such • re pests fran each said potential n .. ..�__.._v0sgiber.____—_...-._...— frb )1E10 ALI3 rrr,le •y- e rrr- :1S311V OAVVJ • '9861 ;sn8ny go kea q;ZT s.q; panadde pm passed *mei. Aq paiLnbax se uopeouqnd pue LPnadde `abussed Lein} s;L xa;;e ;oa;la uL aq LLegs aaueuip p siuj :31V0 3AI103333 'AI NOI133S 'Le031.4041.1.suoaun JO pLLeA'4 p06pnfpe ;0u soaxaq; ;Jed .10 UOLSLAad `uoipoas Aue .to 6a10yn P SP @pUPULpx0 ag; 40 A}LpLLPA an Baas}P ;Du LLegs uoL;eoLpnCpe Lions ` Leuo1.101L4suo3ue JO P LPAU aq o; pacpnCpe aq !legs aoueut.pJ0 st.q; so ;Jed JO uoLS Lnoxd `uoipas Rue jI :ALIlIg'x3A3S 'III NOI103S 'poLeadax Acpaaq axe aoueut.pio 51.44 3 o suoisiroxd ay; q;LM qoLl.}uoa UI. saaueuipao 3 o s;xed pue saaueuLpxo L LV :2131V3d11 'II N01133S •94-gE U0LlaaS so S;mow -a.Lnbax an a} ;Deigns `soot.;n;p;suL snoL61.Lax (E) :uopoasgns 64/ncLLOS eq; ;o U0fl pP an Ag pepuaue Acpxaq SL saaueumpx0 so ep00 A413 eiol aq; 3 0 (a)9-9E uoi;a 'S.N34CINaw 'I NOI133S :1V1-11 `VMOI `ALIO VMOI ALIO 311 30 1ION003 ALI3 ILL A8 03NIV020 II 39 `321033213(1 `MON •sauoz LPL;uepLsax xag;o aq; uL ueq; sal.;xado d LeL;uap!sax Eaupunaxns L41M ;OL Juoa o; seal. axe soot.; -n;L;sui snoL6LLax `auoz I-xx aq; 3o ;iaisxLnbax ;01. 064eL Pq4 o; alp •auoz I-2p1 an xo; ;daaxa sauoz LPL;uapLsax LLP uL pa;;Luuad Al.;uaxxno aJP sunt.; -n;L;suL sno1.61.Lax •sauoz LeL;uapLsax so xa;aexega aq; q;JM 64dea3 uL axe pue uLg;Lm pa;PaoL ALLxeun; -sno axe suoL;n;L;suL sno1.4L8x 'suol;Lpuoa xadad 0; ;oafgns 'Tap spuL; Agaag LLaunoO A;LO aq1 '3402 i-2AJ 3il NINLIM S3S1 luNOIS -IA02N SV SN011IllIlSNI SflOIDI13d LINPI3J 01 30NM1 I0210 ONINOZ 3iU 30 9-9E NOI133S 9NIONI1111 33N NI0x0 S6Z£-98 'ON 33NVNI0O • i . ,»v CuP It was moved by Courtney , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER _X__ COURTNEY _X__ DICKSON X MCDONALD X STRAIT x ZUBER First consideration 7-15-86 Vote for passage: Ayes: Courtney, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. Absent: Dickson Second consideration 7-29-86 Vote for passage Ayes: Dickson, Strait, Ambrisco, Baker, Courtney. Nays: None. Absent: McDonald, Zuber Date published 8-20-86 Received It Approved by Tb Legal Derrud Ar 6 '4 CITY OF IOWA CITY CIVIC CEN-ER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3295 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of August , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 20th day of September , 19 86 Dated at Iowa City, Iowa, this 3rd day of December 19 86 . RAMINA PARROTT D UTY CITY CLERK id y OFFICIAL PUBLICATION Printers fee S /D OFOBAKE I j;. �;.,,,, _ CERTIFICATE OF PUBLICATION aim_NawlE NEton SECTICN 36-6 OF TIE tMREC-- AWE ID iER1IT RELIGIOUS INSTITUTIONS AS PRovi STATE OF IOWA, Johnson County.ss:. slow 16a WITHIN OE R1-1 ZONE. • THE IOWA CITY PRESS-CITIZEN The City Cousii hereby finds that, subject to proper conditions, religious institutions are us- tdnerily located within and are in keeping with the • . character of residential Zones. Religious institu- tions are curetly permitted in all residential I, zones except fp- the R2-1 zone. Due to the large lot requirurrnt of the Rt-1 zone,religious institu- Bronwyn S. Van Fossen, being duly tions are less likely to conflict with surrounding sworn, say that I am the cashier of the residential Iruperties than In the other residential IOWA CITY PRESS CITIZEN, a news ZOf�iow, TIEiEFOPE, ElE rr ORAIPED 8Y Tl& CITY paper published in said county, and that COttt1L OF TIE CITY CF MIA CITY, law, TIC: a notice, a printed copy of which is 04 SECTION ty • 15 ti - anerded6(` f Coae or � ebyby the hereto attached, was published in said addition of to following sibsection: paper / time(s), on the fol- (3) Religious institutions,subject to the rewire- rents of pons36-55.date(s): SECTION 11. TEPEALER: All ordinances and parts of ordinances in conflict with the prcwisions of this ordinance are handy repealed. SECTION III. SEVERABILITY: If any suction,provi- ' 07 p!` bion a part of this Ordinance tion shall he ljjlica to © c% be invalid or unconstitutional, such add isigedi o shall not affect tie validity of the Ordinance as a /� vhoie,or any section,provision p part hereof not J ��n 7�� TArn adjudged invalid id C IVE N E :this 1. 'Frt. �'I" ve' L (( \,.�1 J $ECTIOI IV. EFFECTIVE D47E: This Ddinance mall • Cashiere i nA passage, approval and piblication as rewired by law. iiessud and approved this 12th.Day of August 1986. . Subscribed and sworn to before me / /.��41.4;a /Loi- 1-,•-.:t• • this g-g Hday of -L , A.D. ATTEST:" . 4 ,.,1 ITV t 19 14839 August 20, 1986 ----(CCIL.---•_.t4±'"-v\ ,..±..4.____61. Notary Public No./(S`/ SCJ e. ` a.SHARON STUBBS . . 5 - Is- '7 4 i % ORDINANCE NO. 86-3296 AN ORDINANCE GRANTING TO IOWA-ILLINOIS GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, AN ELECTRIC LIGHT AND POWER SYSTEM FOR A PERIOD OF FIFTEEN YEARS AND TO FURNISH AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS. BE IT ENACTED by the City Council of the City of Iowa City: Section 1. There is hereby granted to Iowa-Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the state of Iowa, hereinafter called the "Company" , and its successors and assigns, the non-exclusive right and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City, an electric light and power system including the right to erect and maintain the necessary poles, lines, wires, transmission lines, conduits and other appliances for the transmission and distribution of electric energy along, under and upon the streets, avenues, alleys and public places to serve customers within and without said City of Iowa City, for a period of fifteen years from and after the effective date of this ordinance, and to furnish and sell electric energy to said City and its inhabitants. Section 2. The rights and privileges granted to the Company, as franchisee under this franchise ordinance, and including the Company's successor and assigns, are subject to: 'C ( 1 ) applicable provisions of the Iowa Code, including but not limited to, Chapter 364 thereof : ( 2) the Code of Ordinances of the City of Iowa City, including but not limited to Chapter 31 , Article II , Excavations; Chapter 32 , Subdivision Regulations ; Chapter 33, Article IV, Public Utilities Regulation; Chapter 34 , Vegetation ; and Chapter 36 ; Zoning, and ( 3) any other applicable statute or regulation promulgated by Federal or State agencies under federal or state laws ; all as said laws , codes , ordinances , statutes and regulations are presently enacted. The Company acknowledges the validity of the aforementioned laws, codes, ordinances, statutes and regulations as they may exist as of the effective date of this ordinance, provided however , that the Company reserves the right to challenge or contest the City' s future interpretation or application of any of said laws , codes , ordinances, statutes and regulations . The City may make such lawful and reasonable amendments to the provisions of the Code of Ordinances of the City of Iowa City affecting or regulating the Company in its operation of the electric utility, as the City deems necessary and proper . The franchise granted herein shall not restrict in any manner the right of the City in the exercise of any power 2 . CIS which it now has or which may hereafter be authorized or permitted by the laws of the State of Iowa. Section 3 . The Company shall have the right to erect, construct , or install all necessary electric utility system components, including but not limited to, posts, poles, towers , conduits, fixtures, manholes, appliances and accessories and to place thereon or therein the necessary wires for the transmission and distribution of electric energy in and through said City, but all electric utility system components shall be placed and maintained so as not to cause unnecessary obstruction of or unnecessary interference with the construction or operation of any public improvements or facilities located upon public property or public right-of-way, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains, or water mains, which have . been or may hereafter be located by authority of the City, or of any other public utilities which are in place. All electric utility system components placed above, upon, in or under public right-of-way, and the wires placed thereon or therein, shall comply with the National Electrical Safety Code and the regulations of the Utilities Division of the Iowa Department of Commerce (Utilities Division) . Section 4. The Company is authorized to make excavations in City streets, avenues, alleys and public places for purposes of 3 . q routine repair , replacement , and maintenance of poles, wires , conduits , lines or other electric utility system components . In making such excavations, the Company shall obtain a permit therefore pursuant to Chapter 31 of the Municipal Code, shall not unnecessarily obstruct the use of streets , avenues, alleys or public places, shall provide the Public Works Director with 24 hours notice prior to the actual commencement of the work , and shall comply with all provisions and requirements of Chapter 31 in performing such work . In emergencies which require immediate excavation, the Company may proceed with the work without first applying for or obtaining the permit , provided, however , that the Company shall apply for and obtain the excavation permit as soon as possible after commencing such emergency work . The Company is empowered and authorized to cut and trim in a careful and prudent manner , at its expense, any trees extending into any street, alley or public ground so as to prevent limbs or branches from interfering with the Company ' s above-ground transmission or distribution lines or facilities . The authority or obligation of the Company shall not extend beyond trimming trees sufficiently to clear its above-ground lines and facilities . Cutting or trimming shall be performed in residential street and alley areas in accordance with standards to be established by the City Forester . The Company shall submit to the City Forester on or before December 1 , of each year , a 4 . q6 schedule of tree trimming that it intends to do in the residential street and alley areas. Trimming or cutting which is done on an emergency basis and which is not shown on the annual trimming and cutting schedule shall be reported to the City Forester within 7 calendar days following such trimming or cutting. Section 5 . The Company shall defend at its own expense, in the name and on behalf of the City, and shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs or expenses, whether caused or contributed to by the active or passive negligence of the Company, or by the passive negligence of the City, on account of injury or damage to any person or property, caused or occasioned, or allegedly caused or occasioned, in whole or in part, by reason of or arising out of the construction, reconstruction, excavation, operation or maintenance by the Company of the electric utilities authorized by this franchise. However, the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages arising from the negligence of the City, its officers, employees or agents where the Company is not negligent in any way. In situations where the damage was caused or contributed to by the active or passive negligence of the Company and the active negligence of the City, the principles of comparative negligence in effect in Iowa shall apply as between the Company and the 5. City. The duty of the Company to defend, and save harmless and indemnify the City shall extend to officers, employees and agents of the City to the extent the City is obligated to defend, save harmless and indemnify by law. Section 6. The Company, and its successors and assigns, is authorized to extend its lines, wires and conduits, to expand its transmission and distribution systems, to engage in major repair work and to install new distribution and transmission systems within the City, provided that such work is done in accordance with the rules and regulations of the Utilities Division, and provided further that City approval of such work is first obtained pursuant to requirements and procedures set forth in Chapter 33, Article VI of the Municipal Code, Public Utilities Regulation, now in effect or as amended. Section 7 . The said Company, its successors and assigns, so long as it shall operate under the terms of this franchise shall furnish electric energy in sufficient quantities to supply the reasonable demands of said City and the inhabitants thereof in accordance with the Company ' s rules, regulations and conditions of service as approved by the Utilities Division. Section 8 . The Company, its successors and assigns, is authorized to impose reasonable terms and conditions upon the furnishing of electric service and reasonable rules and regulations in the operation and conduct of its business . 6 . Section 9 . The City shall be privileged upon notice to the Company, without charge, to make use of the poles, posts, towers, and underground conduits of the Company for any City alarm, City control, or City communication function to the extent that such use shall not interfere with their use by the Company, but the City shall hold the Company harmless from any and all causes of action, litigation or damages arising through the placing of the facilities of the City upon the Company' s poles, posts or towers, or in the Company ' s underground conduits. Section 10 . Upon approval of the City Council and after reasonable attempts to acquire by purchase, the Company shall have the power to condemn private property for the purpose of providing electric service to the public and in a reasonable relationship to an overall plan of distributing electrical energy within the City. The Company must establish the necessity of each taking of private property and, when so established, the City Council may approve the condemnation of the private property by resolution. Section 11. The Company shall, at its cost and expense, locate and relocate its installations in, on, over or under any public street or alley in the City in such manner as the City may at any time reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of any public improvement of, in, or about any such street or alley, or 7 . 95 promoting the efficient operation of any such improvement . The City may, upon a showing of good and reasonable cause, require the Company to place or bury its electrical utility system components underground in any underground service district hereafter established by the City pursuant to the procedure set forth in Chapter 33 , Article VI of the Municipal Code, Public Utility Regulation. Section 12. This franchise shall apply to and bind the City and the Company and their successors and assigns; provided that any assignment by the Company shall be subject to the approval of the City Council by resolution, which approval shall not be unreasonably withheld. The City expressly reserves the right to terminate the franchise granted herein if the Company breaches any of the provisions of this franchise; provided, however, there shall be no termination if the Company shall correct the breach within sixty (60) days written notice provided by the City to do so. The Company shall not be excused from complying with any of the terms and conditions of this franchise by any failure of the City to insist upon or seek compliance with any such terms or conditions. Further, it is agreed that the subject matter of this franchise is unique and may be enforced by specific performance, at the City ' s option, since a remedy at law may be inadequate. 8. Section 13 . The Company shall, at all times during which this franchise is in effect , maintain, administer and operate such energy conservation program within the City, as may be approved by the Utilities Division, which program shall be designed and operated to promote the conservation and efficient use of electrical energy by all utility customers within the City. - Section 14 . In the event that the City should at any time during the term of this franchise become a generator or producer of electrical energy at a municipally-owned or operated facility, or at any other facility in agreement with any co-producers, the Company shall , if requested by the City, enter into an agreement to either purchase or wheel to City facilities the electric energy produced from such qualifying generating facility, such further agreement being subject to the approval of the Utilities ' Division, and to applicable statutory requirements and regulations. Nothing contained in the terms of this franchise shall be construed to prevent the City from purchasing electrical power for its facilities from sources other than the Company and to contract for same from these sources. Section 15 . This Ordinance and the rights and privileges herein granted are subject to the approval of a majority of the electors of the City voting at the next general or municipal election or at a special election called for that purpose. The 9 . 'PS cost and expense of the election relating to the franchise provided for herein shall be paid by the Company. Section 16 . The Company, within thirty ( 30) days after the approval of this Ordinance by a vote of the people, shall file in the office of the City Clerk its acceptance in writing of all terms and provisions of this Ordinance. Section 17 . This Ordinance shall become effective upon passage by the City Council, approval of the voters as provided in Section 15 hereof; acceptance by the Company as provided in Section 16 hereof; and publication as required by law. Following voter approval and acceptance of this Ordinance by the Company, this Ordinance shall be published in the Iowa City Press-Citizen. The effective date of this Ordinance shall be the date of publication. Section 18 . If any of the provisions of this franchise ordinance are for any reason declared to be illegal or void, then the lawful provisions of this franchise ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the franchise ordinance contained no illegal or void provisions. In the event any provision or provisions are ruled illegal or void by a court of competent jurisdiction, the City and the Company shall forthwith amend this franchise to insert a successor provision that complies with the applicable court ruling. 10. 95 Section 19. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this 9th day of September 1986 . TY Of JOWA CITY, IOWA AILIA) 1(;1-11.4-C( 4:71`)-- yor ATTEST: 4�/ �/ 4Ad.n.wJ K . 'k'cwi City Clerk lag!.A lag! nt 11. • It was moved by McDonald , and seconded by Zuber that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER _IL_ COURTNEY _IL_ DICKSON X MCDONALD X STRAIT X ZUBER First consideration 7-29-86 Vote for passage: Ayes: Ambrisco, Courtney, Dickson, Strait. Nays: Baker. Absent: McDonald, Zuber Second consideration 8-12-86 Vote for passage Ayes: Dickson, McDonald, Strait, Ambrisco, Courtney. Nays: None. Absent: Baker, Zuber ' Date published 11/15/86 CITY OF IOWA CITY CMC CENIER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5020 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3296 which was passed by the City Council of Iowa City, Iowa, at a regu ar meeting held on the 9th day of September , 19 86 , all as the same appears of record my office and published in the Iowa City Press-Citizen on the 15th day of November , 19 86 . Dated at Iowa City, Iowa, this 3rd day of December 19 86 • (Pa/t.e,d-W- RA INA PARROTT DEPUTY CITY CLERK if as OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 86-21110.0 ___' AN ORDINANCE •��ur may hereafter be located by fAtD TO IOWA- N otherELECTRIC public utilities which ate in ITS SUCCESSORS AND ASSIGNS, THE place. All electric utility system RIGHT AND FRANCHISE TO ACQUIRE, components placed above, upon, in or CONSTRUCT, ERECT, MAINTAIN AND under public right-ot-wa OPERATE IN THE CITY OF IOWA CITY, wires placed thereon Or th ereenthe AN ELECTRIC LIGHT AND POWER SYSTEM - comply with the National FOR A PERIOD OF FIFTEEN YEARS AND Electrical Safety Code and the TO FURNISH AND SELL ELECTRIC ENERGY regulations of the Utilities TO SAID CITY AND ITS INHABITANTS. Division of the Iowa Department o[ BE IT ENACTED by the City Council of Commerce (Utilities Division). the City of Iowa City: Section 4. The Company is authorized to make excavations in Section 1. There is hereby granted to Iowa-Illinois Gas and City streets, avenues, alleys and Electric Company, an Illinois public places for purposes of routine repair, replacement, and corporation authorized to do business in the state of Iowa, maintenance of poles, wires, hereinafter called the "Company", conduits, lines or other electric and its successors and assigns, the utility system components. In non-exclusive right and franchise to making such excavations, the Company Printer's fee �7V acquire, construct, erect, maintain and operate in the City of Iowa shall obtain a permit therefore • / pursuant to Chapter 31 of the City, an electric light and power Municipal Code, shall not system including the right to erect unnecessarily obstruct the use of CERTIFICATE OF PUBLICATION and maintain the necessary poles, streets, avenues, alleys or public STATE OF IOWA, Johnson County, ss: lines, s wires,and other transmission lines,es ooplaces, shall provide the Public THE IOWA CITY PRESS-CITIZENWorks Director with 24 encs notice the transmission and distribution of Prior to the actual commencement ll electric energy along, under and the work, and shall comply with all upon the streets, avenues, alleys provisions and requirements of and publicplaces to serve customers Chapter 31 in performing such work. within without said City of Irsa In emergencies which require City, for a period of fifteen years immediate excavation, the Company I from and after the effective date of may proceed with the work without this ordinance, and to furnishand first ,applying for or ,obtaining the sell electric energy to said Cold Cl ty permit, provided, however, that the Carol Barr, being duly sworn, say that I am the legal clerk of the IOWA CITY and it. inhabitants. Company shall apply for and obtain the excavation permit as soon as PRESS-CITIZEN, .. Section 2. The rights and possible after commencing such a privileges granted to the Company, emergency work. published in said County, and that a as franchisee under this franchise ordinance, and including the The Company is empowered and notice, a printed copy of which is hereto Company's successor and subject to: careful and prudent manner, at its assigns, are authorized to cut and trim in a attar ed, was published in said paper time(s), on the following (1) applicable provisions of expense, any trees extending•into the Iowa COAs, including any street, alley or public ground datelsl: but not limited to, Chapter so as to prevent limbs or branches 364 thereof; from interfering with the Company's " above-ground transmission or /%moi-y..yy ��/ �s./ 4 n (2) the Code of Ordinances of distribution lines or facilities. the City of Iowa City, including but not limited The authority or obligation of'the Company shall not extend beyond trimming trees sufficiently iently to clear to Chapter 31, Article II, Excavations; Chapter 32, its above-ground lines and Subdivision Regulations; facilities. Cutting or trimming a.A.,f Chapter 33, Article IV, shall be performed in residential Public Utilities street and alley areas in accordance wtdards Legal Clerk Vegetation; and Chapter 36; thehCity Forester beThetCompanyd by Zoning, and shall submit to the City Forester on or before December 1, of each year, Subscribed and sworn to before me (3) any other applicable a schedule of tree trimming that it statute or regulation intends to do in the residential p promulgated by Federal or street and alley areas. Trimming or tI11Sr�0 _Id ay of ���_1� A.D. State agencies under cutting which is done on an federal or state laws: emergency basis and which is not all as said laws, codes, ordinances, shown on the annual trimming and Q/ statutes and regulations are cutting schedule shall be reported O_ea presently enacted. The Company to the City Forester within7 I9 /1 acknowledges the validity of the calendar days following such `wC3"'(LJ, �^ aforementioned laws, codes, trimming or cutting. ,l_CA-^-.+ . ` JJJ ordinances, statutes and regulations as they may exist as of the Section 5. The Company shall Notary Public effective date of this ordinance, defend at its own expense, in the name and on behalf of the City, and provided however, that the Company reserves the right to challenge or shall indemnify and save harmless f-/3"-a7 q' contest the City's future the City from any and all claims, `,4 •:a Sh'Q �U�TI�EES interpretation or application of any suits, losses, damages, costa or l r 'p }, of said laws, codes, ordinances, expenses, whether caused or statutes and regulations. The City contributed to by the active or may make such lawful and reasonable passive negligence of the Company, amendments to the provisions of the or by the passive negligence of the Code of Ordinances of the City of City, on account of injury or damage Iowa City affecting or regulating to any person or property, caused or the Company in its operation ot the occasioned, or allegedly caused or electric utility, as the City deems occasioned, in whole or in part, by necessary and proper. The franchise reason of or arising out of the granted herein shall not restrict in conetructi On, reconstruction, any manner the right of the City in excavation, operation or maintenance the exercise of any power which it by the Company of the electric - now has or which may hereafter be utilities authorized by this authprized or permitted by the laws franchise. However, the Company of the State of Iowa, shall not be obligated to defend, indemnify and save harmless the City Section 3. The Company shall for any costs or damages arising have the Sight to erect, construct, from the negligence of the city, its or install all necessary electric officers, employees ot agents where utility system components, including the Company is not negligent in any but not limited to, posts, poles, way. In situations where the damage towers, conduits, fixtures, was caused or contributed to by the manholes, appliances and accessories active or passive negligence of the Company and the active negligence of and to place thereon or therein the necessary wires for the transmission the City, the principles of and distribution of electric energy comparative negligence in effect in in and through said city, but all Iowa shall apply as between the electric utility system components Company and the City. The duty of shall be placed and maintained so as the Company to defend, and save not to cause unnecessary obstruction harmless and indemnify the City of or unnecessary interference with shall extend to officers, employees the construction or operation of any and agents of the City to the extent public improvements or facilities the City is obligated to defend, save harmless and indemnify by law. located upon public property or public right-of-way. including but Section 6. The Company, and its not limited to streets, alleys, successors and assigns, is sidewalks, traffic control devices, authorized to extend its lines, sanitary sewers, storm sewers, storm wires and conduits, to expand its drains, or water mains, which have transmission and distribution o w'- .ser i'e Y OFFICIAL PUBLICATION OFFICIAL PUSLIGTION 1 . ,systems, to engage in major repair any Failure of the City to insist ;work and to install new distribution upon or seek compliance with any and transmission systems within the such terms or conditions, Further, • ;City, provided that such work isit is agreed that the subject matter done in accordance.with the rules ' of this franchise is' unique and may 1 ,and regulations of the Utilities be enforced by specific performance, Division, andprovided further that. at the City's option, since a remedy I City approval of such workis first at law may be inadequate. obtained pursuant to requirements land procedures set forth in Chapter section 13. The Company shall, • 33, Article VI of the Municipal at all times during which this Code, Public Utilities Regulation, franchise is in effect, maintain, r now in effect or as amended. administer and operate such energy conservation program within the Section 7. The said Company, City, as may be approved by the its successors and assigns, so long Utilities Uivisfon, which program as it shall operate under theterms shall be designed and operated to of this franchise shall furnish' electric energy in sufficient promote the conservation and quantities to supply the reasonable efficient use of electrical energy . by all utility customers within the demands of said City and the inhabitants thereof in accordance City. with the Company's rules, Section 14. In the event that regulationsand conditions of the City should at any time during service as approved by the Utilities the term of this franchise'become a Division. generator or producer of electrical Section B. The Company, its energy at a municipally-owned or successors a8. assigns, is operated facility, or at any other authorized to impose reasonable facility in agreement with any co- requested.,:. the Company shall, if terms and 'conditions upon the furnishing of electric service and requested by the City, enter into as reasonable rules and regulations in agreement to either purchase or wheel the operation and conduct of its . to City facilities the business. - electric energy from such qualifying generatingsting facility, such section 9. The City shall be further agreement being subject to privileged upon notice to the the. approval of the Utilities .Division, and to applicable Company, without charge, to make use of the poles,' posts, towers, and statutory requirements. . ond underground conduits of the Company theuterisnoNothing contained in the terms of this franchise shall be for any City alarm, City control, or .construed to prevent the rCityfor from I City t that ion function to the purchasingfacelectrical power its , extent that such use shall not the Com ea from to cont other than interfere with their use by. the the Company and to contract for same Company, but the City shall hold the from these sources. Company harmless from any and all causes of action, litigation or Section 15. This Ordinance,and I damages arising through the placing the tights and privileges herein of the facilities of the City upon granted are subject to the approval , the Company's poles, posts or of a majority of the electors of the ' towers, or in the Company's City voting at the next general or , underground conduits. municipal election or at a special election called for that purpose. Section 10. Upon approval of the The cost and expense of the election City Council and after reasonable relating to the franchise provided attempts to acquire by purchase, the for herein shallbe paid by the r Company shall have the power to Company. condemn private property for the purpose of providing electric Section 16. The Company, within service to the public and in a thirty (30)-days after the approval reasonable relationship to an of this Ordinance by a vote of the overall plan of distributing people, shall file in the office of electrical energy within the City, the City Clerk its acceptance in The. Company must establish the writing of all terse andprovisions necessity of each taking of private P of this Ordinance. property and, when so established, the City Council may approve the Section 17. This Ordinance ccondemnation y demnationn of the private property shall become effective upon passage by the City Council, approval of the Section 11. The Company shall, voters as provided in Section 15 at its cost and expense, locate and hereof; acceptance by the Company as relocate its installations in, on, provided in Section 16 hereof; and publication as required bydaw. over or under any public street or Following voter is alley in the City in such manner asOrdil nce. . the Cit mayat anytime reasonablyacceptance of this ncenshal 'bb the requirethethe purposes of ublish, this Ordinance shall be published in the Iowa City Press- facilitating the construction, reconstruction, maintenance or Citizen. The effective date of this repair of any public improvement of, Ordinance shall be the date of in, or about any such street or Publication.. ' alley, or promoting the efficient Section 18. If any of the operation of any such improvement. provisions of this franchise • The City may, upon a showing of good ordinance are for any reason and reasonable cause, require the declared to be illegal or void, then Cospany to place or bury its the lawful provisions of this electrical utility system components franchise ordinance, which are underground in any underground severable from said unlawful servicedistrict hereafter provisions, shall be and remain in established by the City pursuant to full force and effect, the same as the procedure setforth in Chapter if the franchise ordinance contained 33, Article VI of the Municipal no illegal or void provisions. In Code, Public Utility Regulation, the event any pror provisions are ruledided in llegeg al-or void Section 12. This franchise by a court of the City shall apply to and bind the City and jurisdiction,. the d the the Company and their successors. and Company shall forthwith amend this Franchise to insect a susses mor assigns; provided that any assignment by the Company shall be provision that complies with the subject to the approval of the City applicable court [sling. Council by resolution, which approval shall not be unreasonably Section 19. All ordinances or 'withheld. parts of ordinances in conflict herewith are hereby repealed. The City expressly reserves the right to terminate the franchise granted herein if the Company PASSED AND APPROVED this 9th breaches any of the provisions of day of September 1986. this franchise; provided, however, CITY OF IOWA CITY, IOWA , there shall be no termination if the Company shall correct the breach within sixty (60) days written By /s/ William J. Ambrlsco notice provided by the City to do Mayor Sao. ATTEST: • The Companyshall not be excused /s/ Marian S. Karr from complying with any of the terms City Clerk land conditions of this franchise by I6045 November 15,1986 • ORDINANCE NO. 86-3297 AN ORDINANCE GRANTING TO IOWA-ILLINOIS GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, A GAS PLANT OR PLANTS FOR A PERIOD OF FIFTEEN YEARS AND TO FURNISH AND SELL GAS FOR PUBLIC AND PRIVATE USE IN THE CITY OF IOWA CITY AND ELSEWHERE. BE IT ENACTED by the City Council of the City of Iowa City: Section 1 . There is hereby granted to Iowa-Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the state of Iowa, hereinafter called the "Company" , and to its successors and assigns the non-exclusive right and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City, a gas plant or plants for the production, storage, transmission, distribution, sale, delivery or furnishing of gas, either natural or manufactured or mixed natural and manufactured, including the right to to use the streets, avenues, alleys and public grounds and bridges in the City of Iowa City for the purpose of laying, constructing, maintaining, replacing and substituting mains, pipes, conduits and other facilities for the transmission, distribution, sale, delivery or furnishing of gas for public and private use in the City of Iowa City and elsewhere for a period of fifteen years from and after the effective date of this ordinance, and to furnish and sell such gas to said City and its inhabitants . 'go Section 2. The rights and privileges granted to the Company, as franchisee under this franchise ordinance, and including the Company' s successor and assigns, are subject to: ( 1) applicable provisions of the Iowa Code, including but not limited to, Chapter 364 thereof: ( 2) the Code of Ordinances of the City of Iowa City, including but not limited to Chapter 31, Article II, Excavations; Chapter 32, Subdivision Regulations; Chapter 33, Article IV, Public Utilities Regulation; Chapter 34 , Vegetation; and Chapter 36; Zoning, and ( 3) any other applicable statute or regulation promulgated by Federal or State agencies under federal or state laws; all as said laws, codes, ordinances, statutes and regulations are presently enacted. The Company acknowledges the validity of the aforementioned laws, codes, ordinances, statutes and regulations as they may exist as of the effective date of this ordinance, provided however, that the Company reserves the right to challenge or contest the City ' s future interpretation or application of any of said laws, codes, ordinances, statutes and regulations. The City may make such lawful and reasonable amendments to the provisions of the Code of Ordinances of the City of Iowa City affecting or regulating the Company in its operation of the gas utility, as the City deems necessary and 2. 41e proper . The franchise granted herein shall not restrict in any manner the right of the City in the exercise of any power which it now has or which may hereafter be authorized or permitted by the laws of the State of Iowa. Section 3 . The Company shall have the right to excavate in any public street for the purpose of laying, relaying , repairing or extending gas pipes, mains, conduits and other facilities , but all gas utility system components shall be placed and maintained so as not to cause unnecessary obstruction of or unnecessary interference with the construction or operation of any public improvements or facilities located upon public property or public right-of-way, including but not limited to streets , alleys, sidewalks, traffic control devices, sanitary sewers , storm sewers, storm drains, or water mains, which have been or may hereafter be located by authority of the City, or of any other • public utilities which are in place. All gas utility service components placed above, upon, in or under public right-of-way shall comply with the National Fuel Gas Code and the regulations of the Utilities Division of the Iowa Department of Commerce (Utilities Division) regarding construction and clearance requirements. Section 4 . In making excavations in any streets, avenues, alleys and public places for the installation of gas pipes, conduits, or apparatus, the Company shall obtain a permit therefore pursuant to Chapter 32 of the Municipal Code, shall not 3 . 4S unnessarily obstruct the use of streets, avenues , alleys or public places, shall provide the Public Works Director with 24 hours notice prior to the actual commencement of the work , and shall comply with all provisions and requirements of Chapter 31 in performing such work . In emergencies which require immediate excavation, the Company may proceed with the work without first applying for or obtaining the permit, provided, however, that the Company shall apply for and obtain the excavation permit as soon as possible after commencing such emergency work . Section 5 . The Company shall defend at its own expense, in the name and on behalf of the City, and shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs or expenses, whether caused or contributed to by the active or passive negligence of the Company, or by the passive negligence of the City, on account of injury or damage to any person or property, caused or occasioned, or allegedly caused or occasioned, in whole or in part, by reason of or arising out of the construction, reconstruction, excavation, operation or maintenance by the Company of the gas utilities authorized by this franchise. However, the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages arising from the negligence of the City, its officers , employees or agents where the Company is not negligent in any way. In situations where the damage was caused or contributed to 4 . 91 way. In situations where the damage was caused or contributed to by the active or passive negligence of the Company and the active negligence of the City, the principles of comparative negligence in effect in Iowa shall apply as between the Company and the City. The duty of the Company to defend, and save harmless and indemnify the City shall extend to officers, employees and agents of the City to the extent the City is obligated to defend, save harmless and indemnify by law. Section 6 . The Company, and its successors and assigns, is authorized to extend its mains, pipes and appurtenances, to expand its transmission and distribution systems , to engage in major repair work and to install new distribution and transmission systems within the City, provided that such work is done in accordance with the rules and regulations of the Utilities Division, and provided further that City approval of such work is first obtained pursuant to requirements and procedures set forth in Chapter 33, ' Article VI of the Municipal Code, Public Utilities Regulation, now in effect or as amended. Section 7 . The said Company, its successors and assigns so long as it shall operate under the terms of this franchise shall furnish gas in sufficient quantities to supply the reasonable demands of said City and the inhabitants thereof and in accordance with the Company' s rules, regulations and conditions of service as approved by the Utilities Division. 5. Section 8. The Company, its successors and assigns, is authorized to impose reasonable terms and conditions upon the furnishing of gas service and reasonable rules and regulations in the operation and conduct of its business. Section 9 . Upon approval of the City Council and after reasonable attempts to acquire by purchase, the Company shall have the power to condemn private property for the purpose of providing gas service to the public and in a reasonable relationship to an overall plan of distributing gas energy within the City. The Company must establish the necessity of each taking of private property and, when so established, the City Council may approve the condemnation of the private property by resolution. Section 10 . The Company shall, at its cost and expense, locate and relocate its installations in, on, over, or under any public street in the City in such manner as the City may at any time reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of the street or any public improvement of, in or about any such street or alley or promoting the efficient operation of any such improvement . Section 11. This franchise shall apply to and bind the City and the Company and their successors and assigns; provided that any assignment by the Company shall be subject to the approval of 6. 9b the City Council by resolution, which approval shall not be unreasonably withheld. The City expressly reserves the right to terminate the franchise granted herein if the Company breaches any of the provisions of this franchise; provided, however , there shall be no termination if the Company shall correct the breach within sixty (60) days written notice provided by the City to do so. The Company shall not be excused from complying with any of the terms and conditions of this franchise by any failure of the City to insist upon or seek compliance with any such terms or conditions. Further , it is agreed that the subject matter of this franchise is unique and may be enforced by specific performance, at the City' s option, since a remedy at law may be inadequate . Section 12. The Company shall, at all times during which this franchise is in effect , maintain, administer and operate such energy conservation program within the City, as may be approved by the Utilities Division, which program shall be designed and operated to promote the conservation and efficient use of gas energy by all utility customers within the City. Section 13 . This Ordinance and the rights and privileges herein granted are subject to the approval of a majority of the electors of the City, voting at the next general or municipal 7 . a` election or at a special election called for that purpose. The cost and expense of the election relating to the franchise provided for herein shall be paid by Company. Section 14 . The Company, within 30 days after the approval of this Ordinance by a vote of the people, shall file in the office of the City Clerk its acceptance in writing of all the terms and provisions of this Ordinance. Section 15. This Ordinance shall become effective upon passage by the City Council, approval of the voters as provided in Section 13 hereof, acceptance by the Company as provided in Section 14 hereof, and publication as required by law. Following voter approval and acceptance of this Ordinance by the Company, this Ordinance shall be published in the Iowa City Press Citizen. The effective date of this Ordinance shall be the date of publication. Section 16 . If any of the provisions of this franchise ordinance are for any reason declared to be illegal or void, then the lawful provisions of this franchise ordinance, which are severable from said lawful provisions, shall be and remain in full force and effect, the same as if the franchise ordinance contained no illegal or void provisions. In the event any provision or provisions are ruled illegal or void by a court of competent jurisdiction, the City and the Company shall forthwith 8. 9160 amend this franchise to insert a successor provision that complies with the applicable court ruling . Section 17 . All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this 9th day of September 1986 . TY OF IOWA CITY, +WA Ii - ayor ATTEST: 4 . -WCisw3 City Clerk ' _jived & App eve By/'. • Legal D . ,. e - 9. 9!0 It was moved by McDonald , and seconded by Zuber , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER • First consideration 7/29/86 Vote for passage: Ayes: Courtney, Dickson, Strait, Ambrisco Nays: Baker. Absent: McDonald, Zuber Second consideration 8/12/86 Vote for passage Ayes: McDonald, Strait, Ambrisco, Courtney, Dickson. Nays: None. Absent: Baker, Zuber Date published 11/15/86 4' City of Iowa City MEMORANDUM Date: November 12, 1986 To: Marian Karr, City Clerk From: Terry Timmins, City Attorney Re: Correction of Typos in Gas Franchise Ordinance At my direction, Iowa-Illinois Gas & Electric made three corrections to the Gas Franchise Ordinance, Ordinance No. 86-3297. The first change is found in Section 5 of the ordinance, wherein they repeated the last line on page four at the top of page five. This error appeared in the form of the franchise ordinance which was passed on August 12, 1986. A second error appears in Section 4 of that ordinance, on page four, wherein the word "unnecessarily" is misspelled. The third typo is found in Section 16 of the ordinance on page eight, wherein the word "unlawful" in the fourth line was printed as "lawful ." As I have already indicated, I instructed Iowa-Illinois to correct these errors in the version of the franchise ordinance which was typed for publication and sent to the Press-Citizen, and codified. bdw 3 Terrence L. Timmins, City 'ttorney CITY OF OWA CITY CIVIC CEN-ER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3297 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9th day of September , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 15th day of November , 19 86 Dated at Iowa City, Iowa, this 3rd day of December 19 86 - , L71/-12-‘-f-S- RA .NA PARROTT DEPUTY CITY CLERK OFFICIAL PUBLICATION OFFICIAL PUBLICATION , ORDINANCE NO. 96-3297 Iowa-City affecting or regulating the Company in its operation of the AN DRDINANQE GRANTING TO IOW _ gas utility, as the City deems ILLINOIS GRD A necessary and proper. The franchia ELECTRIC COMPANY, granted' herein shell not restrict i ITS SUCCESSORS AND ASSIGNS. THE any manner the right of the City in RIGHT AND FRANCHISE TO ACQUIRE, the exercise of any power which it CONSTRUCT, ERECT, MAINTAIN AND now has orhIt h mayhereafter OPERATE IN THE CITY OP IOWA CITY, authorized or permitted bytthe be A GAS PLANT OR PLANTS POR A PERIOD of the State of Iowa. 'Of FIFTEEN YEARS AND TO FURNISH AND SELL GAS FOR PUBLIC AND Section 3. The Company shall PRIVATE USE IN THE CITY OP IONA have the right to excavate in any CITY AND ELSEWHERE. public street for the laying reylayias pngggg, repairing puextrpose BE IT ENACTED by the City Council of and tother facilities,but sall°gasp conduit, the City of Iowa City: utilitysystem cos q Y nod so shall be • placed and maintained so as not to Section 1. There is hereby cause unnecessary obstruction of or 'rented to Iowa-Illinois Gas and unnecessary interference With the Q� ,vtt Electric Company, an Illinois construction or operation of any Printer's fee S.N•�U corporation authorised to do public improvements or facilities business ithe state of Iowa, located upon public property or hereinafter called the 'Company', public ited of-way, including but CERTIFICATE OF PUBLICATION and to its Successors and assigns notto streets, alleys, the non-exclusive right and sidewalks,ed traffic control devices. STATE OF IOWA, Johnson County, ss: franchise to acquire, constregt, sanitary sewers, storm sewers, storm THE IOWA CITY PRESS-CITIZEN city Maintain and operate nt the brennOr or water mains, City of Iowa City, prwhich have plants for the poduction, atorege, been uthoritr yaofs the a City,fter bore of located any transmission, distribution. sale, other public utilities which are in . delivery or furnishing of gap, place. All gas utility service 'either natural or manufactured or component, placed above, upon, ' mixed natural and manufactured, under public right-of-way in or I, l • including the right to use the comply with theng NationalFuelshaCas Carol Barr, being duly sworn, say that I grounds'and bridges inythenCityboof` Utilitiese and tDivision aof°the°Iowa, am the legal clerk of the IOWA CITY constructing, ma ntaining,°replf acing Division)t of regardddiing(construction Sand PRESS-CITIZEN, a newspaper and substituting mains, pipes, conduits and other facilities for clearance requirements. published in said county, and that a the transmission, distribution, Section 4. -In making notice, a printed copy of which is hereto • sale, delivery or furnishing of gas excavations in any streets, Avenues, attar ed, was published in said paper City of Iowa Cityland eelsewhere use in htor installatiioe alleye and nuofigeelpips for the time(s), on the following a period of fifteen years from and or apparatus, the Company shallulta, date(s): g . after the effective date of this Obtain a permit therefore pursuant l: ordinance, and to furnish and sell to Chapter such gas to said City and its 32 of the Municipal toth, ,� � /'' inhabltents shall not streets,unnecaobstruct the f�Z�Y�% 6-ezt -z 4.3-449‘ Section 2. The rights and use of avenues, alleys or privilegesPublic Places, shall providewith the 9 granted to the Company, Public'Works Director with 24 hours as franchisee under this franchise notice prior to the actual ordinance, and including the commencement of the work, and shall ////l Company's successor and assigns, ate comply with all provisions and Cf//J„�` 1 subject for requirements of Chapter 31 in �((/ ,60�J (1) applicable provisions of performing such work. In emergencies which require immediate Legal Clerk the Iowa Code, including excavation, the Compan but not limited to, Chapter with the workut Y may proceed 364 thereof; a without first applying for or � Obtaining the permit, provided, however, that the Comp anySubscribed and sworn to before me (2) the City of Ordinances of shall apply for and Obtain the City of Iowa City, excavation permit as Sing asng but not limited possible after commencing suchtoChate1Ar11I, emergency work.thisrp ay of WO Ge , A.D. Excavations; Chappter32 e �.r✓,, Subdivision Regulations; Section 5. The Coapany shall 1:1/!�', Chapter 33, Article IV, defend at its own expense, In the � A- ��.�._yy{{/n�.�l--.. Public Utilities name and on behalf of the City, and ,; Ste-L f Vegetations Chapter 34, shall indemnify and save harmless Vegetation; and Chapter 36; the City from any and all armless Eoning, and suite, losses, damages, costs or expenses, whether caused or Notary Public (3) any other applicable contributed to by the active or statute or regulation passive negligence of the Company, _ promulgated by Federal or or by the passive negligence of the State a a SHARON STUESs t agencies under City, on account of injury or sedaoefederal or state laws; to any person or property, caused or ••r,' Gk • O -iS-O ' 1 occasioned. or allegedly caused or all as said laws, Codes, ordinances, occasioned, in whole or in part, by statutes and regulations are reason of or arising out of the presently enacted. The Company construction, reconstruction. acknowledges the validity of the excavation, operation or Maintenance aforementioned laws, codes, by the Company of the gas utilities ordinances, statutes and regulation; authorized by this franchise. as they may exist as of the However, the Company shall not be effectivedate of this ordinance, obligated to defend, indemnify and ' provided however, that the Company save harmless the City for any costs lettuces the right to challenge of or damages arising from the Contest the City's future negligence of the City, its interpretation or application of any officers, employees or agents whore of eai0 laws, codes, ordinances, the Company is not negligent in any statutes and regulations. The City way. In situations where the damage 'may make such lawful and reasonable was caused or contributed to by the amendments to the provisions of the active or passive negligence of the Code of Ordinances of the City of Company and the active negligence of OFFICIAL PUBLICATION OFFICIAL PUBLICATION the City, the principles of notice provided by the City to do 1 comparative negligence in effect in so. Iowa shall apply as between the The Company shall not be excused Company and the City. The duty of from complying with any of the terms the Company to defend, and save and conditions of this franchiseby harmless and indemnify the City any failure of the City to insist ' shall extend to officers, employees upon or seek compliance with any and agents of the City to the extent such terms or conditions. further, the City is obligated to defend, it is agreed thatthe subject matter' save harmless and indemnify by law. of this franchise is unique and may be enforced by specific performance, Section 6. The Company, and its at the City's option, since a remedy successors and assigns, is • at law may be inadequate. authorized to extend its mains. pipes and appurtenances, to expand Section 12. The Company shall, its transmission and distribution at all times during which this systems, to engage in major repair franchise is in effect, maintain, work and to install new distribution administer and operate such energy and transmission systems within the conservation program within the. City, provided that much work is City as may be approved by the done in accordance with the rules Utilities Division, which program and regulations of the Utilities shall be designed and operated to Division, and provided further that promote the conservation and City approval of such work is first efficient use of gas energy by all .obtained pursuant to requirements utility customers within the City. and•proceduree set forth in Chapter 33, Article VI of the Municipal Section 13. This.Ordinance and Cale, Public Utilities Regulation, the rights and privileges herein now in effect or as amended. granted are subject to the approval of a majority of the electors of the Section.7. The said Ceepeny, City, voting at the next general or its successors and assigns solong municipal election or at a special as it shall operate under the terms election celled for that purpose. of this franchise shall furnish gas The colt and expense of the election in sufficient quantities to supply relating to the franchise provided the seasonable demands of said City for herein shall be paid by Company. and the inhabitants thereof and in accordance with the Company's ruler, Section 14. The Company, within regulations and conditions of 30 days after the approval of this service as approved by the Utilities Ordinance by a vote of the people, Division. shall file in the office of the City Section e. The Company, its Clerk its acceptance in writing of Successors and assigns, is all the terms and provisions of this' authorized to impose reasonable Ordinance. terms and conditions upon the furnishing of gas service and Section 15. This Ordinance reasonable rules and regulations in shall become effective upon passage the operation and conduct of its by the City Council, approval of the business. voters as provided in Section 13 Upon approval hereof, acceptance by the Company as Section 9. CityCouncil and nes publication as required by law. reasonableoval of the provided in Section 14. hereof, and attmpts to acquire by purchase, the Company shall have the power to acceptanc voter approvaloand condemn private property for the acceptance of this Ordinance by the P P y Company this Ordinance shall be purpose of providing eas "'vice to Citizen, in the Icta City Press the public and in a reasonableportSnan. The effective deal—ET—this relationship to an ergyall pian of publicate shall be the date of distributing gas energy within the publication. City. ess. tympany must establish the necessity of each taking of isionss 16. If any of the private property and, when so provisions of this franchise established, the City Council may ordinance are for any roeeoesvn approve the condemnation of ons declared to ra illegal or void, then private property by resolution. the lawful provisions of this franchise ordinance, which are Section 10. The Company shall, provision from said unlawful at its cost and expense, locate and provisions, shall be and remain in relocate its installations in, on, full eorefre and efordi, the same as cher, or under any public Street in if the franchise orproviso contained 'may City in ouch manner ly the City no illegal or void provisions. In for at any tine reasonably require the event any provision or for the purposes of truction,ing the provisions are ruled illegal Or void construction, rrepairroftthe, by a court of competent maintenance or repair of the street jurisdiction, the City and the or any public improvement of, in or Company shall forthwith amendthisthe, roms any such street or alley or franchise to insert a successor promoting the efficient operation of provision scot complies with the any such improvement. applicable court ruling. Section 11. This franchise Section 17. All Ordinances or shall apply t0 and bind the City and parts of Ordinances in conflict the Company and their successors and herewith are hereby repealed. assigns; provided that any rselgnment by the Company shall be PASSED AND APPROVED this 9th day subject to the approval of the City 7ouncil by resolution, which of September, 1986. approval shall not be unreasonably Withheld. CITY OP IOWA CITY, IOWA The City expressly reserves the Sy /5/ William J. gmbrisc,c .,right to terminate the franchise Mayor granted herein if the Company ATTEST; breaches any of the provisions of ,this franchise; provided. however. . there shall be no termination if the /S/ Manan K. Carr Company shall correct the breach - City Clerk within sixty (60) days written 16016 November 16,1116 j _...'y - - __. , __ IA&LIY\GI4CE ORDINANCE NO. 86-3298 PN ORDINANCE PNENOING CHAPTER 33 OF THE IOWA CITY MUNICIPAL CODE, UTILITIES, BY ADDING THERETO A NEW ARTICLE, ARTICLE VI, TO BE ENTITLED "PUBLIC UTILITIES REGULATION," CONSISTING OF SECTIONS 33-171 THROUGH 33-1::, AM RELATING TO THE REGUATICN OF PUBLIC UTILITIES IN THE USE OF PUBLIC RIGHT-OF-WAY. PREPNBLE: WIEREAS, pursuant to Section 364.1 of the Iowa Code the City is authorized to "exercise any parer and perform any function it dears appropriate to protect and preserve the rights, privileges and property of the city or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort and convenience of its residents"; and WHEREAS, pursuant to Section 364.2 of the Iowa Code the City is authorized to regulate "the conditions required and the manner of use of the streets and the public grounds of the city" by public utility franchisees; and W1EREAS, this City Council has further been advised, and has found and determined, that it would serve to preserve and improve the peace, safety, health, welfare, comfort and convenience of Iava City residents and to protect and preserve city property by adoption of an ordinance regulating public utilities' use of public right-of-way and public property, and requiring approval of utility system expansions and extensions. NOW, THEREFORE, BE IT OfmAINED BY THE CITY COUNCIL OF llf CITY OF IOWA CITY, IOWA: Section 1. That Chapter 33 of the Iowa City Mmicipal Code, "Utilities," be, and the same is hereby amended by adding thereto the following new article, Article VI, to be entitled "Public Utilities Regulation," consisting of Sections 33-171 through 33-172, to read as follows: Chapter 33, Article VI Public Utilities Regulation Division 1. Title, Purpose and Definitions. Section 33-171. Title. The ordinance codified in this chapter shall be knan as the "public utilities regulation ordinance." Section 33-172. Rrpose. The purpose of this chapter is (1) to regulate the use of public right-of-way for the distribution of energy and audio or visual communications by companies holding a franchise granted by the City of Iara City, Iowa, or otherwise permitted to use public right-of-way to deliver a product or service to the residents of q.7 Ordinance No. 86-3298 Page 2 this city; and (2) to regulate the location of utility system expansions and extensions to promote comprehensive city planning. Section 33-173. 0efiniticros. For the purpose of this chapter the following terms shall have the meanings herein ascribed to than except where the context clearly requires otherwise: (a) "Audio or visual camunications" include radio and television transmissions and telephonic camunications. (b) "Energy" means power supplied to customers either in the form of gas or electricity. (c) "Major repair work" Weans the repair or reconstruction of a part of the utility systen to the extent that part of the system order repair involves one or more complete city blocks: (d) "Public utility company" or "campany" means any person, company or corporation utilizing the public right-of-way to deliver energy or audio or visual camunications to the residents of the city and holding a city franchise for that purpose. (e) "Utility systen" or "utility systen components" means and includes poles, overhead wires, underground conduits, piping, manholes and other installations and appliances necessary for the generation, transmission or distribu- tion of energy or audio or visual camunica- tions. (f) "Electrical distribution system" means all electrical system components designed or used for the distribution of electric energy within the City, other than transmission lines. (g) "Electrical transmission system" means those electrical system components which directly serve or support electrical lines carrying thirty-four point five (34.5) kilovolts or more of electric current. (h) "Underground service district" means a defined area or tract of land within which all public utility ca panies are required to place utility systen components below the surface or grade of the right-of-way or private property upon which said components are located or through which they traverse. Section 33-174. Reporting Rewirenents. The following information shall be furnished by the Carpany to the City Clerk and filed in that office within the times hereinafter set forth: (a) Arcual Report to Stockholders (within 30 days of issuance). 97 Ordinance No. 86-3298 Page 3 (b) Annual report to applicable state and federal regulatory agencies (within 30 days of filing). (c) 10K-Annual Report (SEC) (within 30 days of filing). (d) Copy of Carpany's current rate manual and all updates. (e) Projections and plans for future transmission in the city to be provided annually. (f) Written notice to the City of any rate increase requests applicable to the City or its inhabitants filed by the Carpany before the Utilities Division of the Ias Department of Canrerce. Division 3. Nannagaremt of Public Utility Use of Rblic Right-of-Way; Rblic Utility Systeis Planning. Section 33-175. t'ps and Projectic s. The Caipany shall furnish to the Public Works Department current naps shooing the location of all existing underground utility system carponents in the city streets and alleys and on private property. The Company shall thereafter provide the City with updated maps when same are updated by the Carpany for its use. The City's use of such maps shall be limited to City utility and improvement planning purposes. In addition, the Company shall furnish information and projections concerning all planned or proposed utility system extensions or expansions, major repair Nark projects and projects to install new systems. Such infonmticn and projections shall be prepared giving due consideration to the City's five year Capital Inprovenent Plan, and shall be provided in comprehensive form and with sufficient lead time to provide the City the opportunity to conduct appropriate revieds. Section 33-176. Extension or Eq asim of Utility Systen, Najar fair hurt and Installation of IS Systems. Before any public utility company, naw or hereafter operating or maintaining utility distribution systems, commences any extension or expansion of its utility system, any major repair work or the installation of any new system in the City, there shall be filed with the Public Works Depart ent a written statarnnt specifying the streets, alleys, public places or private property, or parts thereof, in which it proposes to extend, expand, install or repair its utility system. The Director of Public Works may require that the statement be accompanied by a nap, plan and specifications to an acceptable scale sharing the proposed location of the utility system carpcnents with reference to the streets and alleys and lot lines, the size and dimensions of all utility system ql Ordinance No. 86-3298 Page 4 components and the distance above or beneath the surface of the ground it is proposed to repair or to lay the same. If the proposed locations of any utility system components shall interfere with the reasonable and proper use, construction, reconstruc- tion and maintenance of any public improvements or other existing utility system carponent or other structure upon or under the streets, alleys or public places of the city, the Director of Public Works shall, within a reasonable tirre after the filing of such plan, map and specifications, note the necessary and proper changes to eliminate all interference with public improvements or existing utility system and refer the sane back to the public utility carpany for correction. Such map, plan and specifications, whet properly changed and corrected, shall be filed in the office of the Public Works Depah Lient, and after the approval of the same by the Director of Public 4brks, a permit shall be issued authorizing the carpany to excavate in the streets and alleys and to erect and construct such utility system in accordance with said corrected maps, plans and specifications. The permit issued hereunder shall include any permit required pursuant to Chapter 31 of the hbnicipal Code. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for and all work shall be in strict accordance with the said corrected naps, plans and specifications. Sectim 33-177. Caist uctim and Repair. In the process of location, construction, reconstruction, replacement or repair of any utility system carponent, the excavation or obstruction made or placed in any street, alley or public ground at any time or for any purpose by any such public utility carpany shall be properly barricaded to protect the public and to assure the safe and efficient movement of traffic, and all pavement taken hp or displaced shall be properly and speedily replaced under the general supervision of the City. As a condition to use of public right-of- ray, every public utility caipany (except those public utility cmpanies having a franchise by City ordinance) engaged in the making of such excavation or in the construction or erection of the utility systems carponent or in the repair or replacement of sane, or having contracted for the work to be done, shall pay all damages or injuries to persons or property, as well as to the City, resulting fran the negligent or improper construction, erection or repair of such utility system or the maintenance and use of the same, and shall fully indemnify and save harmless the City fron and against all claims of every nature for 97 Ordinance No. 86-3298 Page 5 damages to person or property arising or resulting fran negligent construction or negligence in constructing or maintaining such utility system ccnponents, or in the repair of the same or resulting or arising from delay or failure to restore the street, alley or public ground to its former condition, where excavations have been made, or resulting from a failure to properly barricade such excavations. If the public utility caipany fails to repair or arrange for the proper repair with the City of any street, alley or public ground after excavations have been made, and after five days' notice in writing to do so, given to its local representative, then the City may hake such repairs at the expense of such public utility company. Section 33-178. Exmvatims and Tree Trinning. In naking any excavation in a public street, avenue, alley or other public place, the Company shall obtain a permit therefore pursuant to Chapter 31 of the Municipal Cade, shall provide the Public Works Department with 24 hours notice prior to the actual cammancememt of the work, shall not unnecessarily obstruct the use of such streets, avenues, alleys or public places, and shall comply with all provisions of Chapter 31 in performing such work. In emergen- cies which require immediate excavation, the Company may proceed with the work without first applying for or obtaining the permit, provided, however, that the Company shall apply for and obtain the excavation permit as soon as possible after camencing such emergency work. A public utility cnpany authorized to cut and trim trees under the terms of its franchise must conduct such work in a careful and prudent manner. The authority or obligation of the company in this regard shall not extend beyond trimming trees sufficiently to clear and prevent interference with its above-ground transmission or distribution lines and facilities. Cutting or trimming shall be performed in residential street and alley areas in accordance with standards to be established by the City Forester. The Company shall submit to the City Forester on or before December 1 of each year, a schedule of tree trimming that it intends to do in the residential street and alley areas. Trimming or cutting which is done on an emrgency basis and which is not shown on the annual trimming and cutting schedule shall be reported to the City Forester within seven calendar days following such trimming or cutting. Satin 33-179. Extension or Expansion of Electrical Utility Trananissim Systas and Installation of Nat Electrical Utility Tra uission %ste s. Before any public utility campany, now cr 97 Ordinance No. 86-3298 Page 6 hereafter operating or maintaining an electrical utility system within Iowa City camences any extension or expansion of its electrical utility transmission system in the City or the installation of any new electrical utility transmission system in the City, there shall be filed with the Public Works Department, in duplicate, a written statement specifying the streets, alleys and public places, or private property, or parts thereof, in which it proposes to extend, expand, install or repair its utility system. The Director of Public Works nay require that the statement be accompanied by maps, plans and specifications, in duplicate, drawn to an acceptable scale, sharing the proposed location of the electrical utility systen carponents with reference to the streets and alleys and lot lines, the size and dinensions of all utility system components and the distance above or beneath the surface of the ground it is proposed to repair or to lay the same. If the proposed locations of any electrical utility system canpcnents shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or other existing utility system component or other structure upon or under the streets, alleys or public places of the city, the Director of Public Works shall, within a reasonable tine after the filing of such plan, map and specifications, note the necessary and proper changes to eliminate all interference with public improvements or existing utility system and refer the same back to the public utility carpany for correction. Such map, plan and specifications, when properly changed and corrected, shall be filed in the office of the Public Works Departrhent, and a copy thereof, together with the written statement, shall be forwarded to the Planning and Zoning Camnission. Section 33-1&). Sta ds& and Criteria for Review of the Locatim of Proposed Expansion or Extensions of Electrical Utility Tra s nissim Systems, or for Irhstallatim of Net Electrical Utility Trnsissim Systems. (a) Review by Director of Public Works. In reviewing the written statement and the craps, plans and specifications submitted by the electrical utility carpany pursuant to Section 33-179 above, the Director of Public Works shall determine the degree to which the electrical utility company's proposal complies with the standard set out in this paragraph and shall forward findings and a recommendation thereon to the City Council. All utility system components erected by an electric 17 Ordinance No. 86-3298 Page 7 utility company within the city shall be so located as to cause mininun interference with public inprovenents and other public utilities located in the streets, alleys and other public ways and places and to cause mininm interfer- ence with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways or places. (b) Review by Planning and Zoning Commission. In reviewing the written report and the naps, plans and specifications submitted by the electrical utility carpany pursuant to Section 33-179 above, the Planning aril Zoning Carmis- sion shall review the electrical utility ccnpany's proposal in light of the following planning criteria, and shall report its findings and recameidations to the City Council. (1) The relationship of the proposed project to present and future ecoranic development of the area. (2) The relationship of the proposed project to the existing electric utility system and parallel existing utility routes. (3) The possible use of alternative routes. (4) The relationship of the proposed project to the present and future land use and zoning ordinances. (5) The inconvenience or damage vhich may result to property owners as a result of the proposed project. (c) The City Engineer and the Planning and Zoning Carmission shall be required to peke their respective reports and recammndations to the City Council within 60 days of the canpany's final sutnrission of its report, and the accan- panying maps, plans and specifications. Section 33-]81. Cwrcil Approral Required for the Fiasim or Extension of Electrical Utility Trasmdssim Systems ad for the Installation of New Electrical Utility Trasndssion System. Within 60 days of its receipt of the reports and recamen- dations of the Director of Public Works and the Planning and Zoning Carmission relative to the electrical utility carpany's proposal to expand or extend its electrical utility transmission system or to install a new electrical utility transmission systen, the City Council shall, by resolution, either approve or disapprove said proposal based on the standards and criteria stated in Section 33-180 above and on the recama dations received. In the event that the City Council disapproves said proposal, the resolution shall reflect the reason or ti Ordinance No. 86-3298 Page 8 reasons for disapproval. If the City Council fails to either approve or disapprove such proposal within the said 60-day period, the proposal shall be considered to be approved. Upon approval of the carpany's proposal as aforesaid, the Director of Public Works shall issue a permit therefore and the Campany may proceed with the work. No person shall perform any such work unless and until the required permit has been issued. The permit issued hereunder shall include any permit required pursuant to Chapter 31 of the Municipal Code. No such excavation, construction or erection shall be com a ced before the issuance of the permit herein provided for and all work shall be in strict accordance with the said corrected rr ps, plans and specifications. Section 33-182. Itderrg ourd Service Required. In all ned residential subdivisions platted or developed in Iowa City, public utility companies shall be required to install utility distribution systems underground in accordance with accepted engineering practices. Gas utility distribution mains and lines, and supply lines, except for certain control facilities, shall be placed underground throughout the City in accordance with accepted engineering practices. All above ground gas facilities shall be located with due regard for aesthetics. Underground electrical service shall be installed pursuant to the requirements of Chapter 33, Article III of this Mmicipal Code. Underground telephone service shall be installed pursuant to the requirements of Chapter 33, Article IV of this Municipal Code. Section 33-183. Iblergrosx1 Sevice Districts Established. (a) The City may, won a showing of good and reasonable cause, require the ca pany to place or bury its utility system components under- ground in any underground service district hereafter established by the City pursuant to this provision. (b) The following described area(s) shall consti- tute the underground service district(s): (1) Downtavn District: Madison Street north from Court Street to Washington Street, Washington Street east to Gilbert Street, Gilbert Street south to Burlington Street, Burlington Street west to Linn Street, Linn Street south to Court Street, and Court Street west to Madison Street. 417 Ordinance No. 86-3298 Page 9 Sectim 33-184. lhdegronl Service District Regulations. (a) Before cmmencing the work of placing utility lines underground, the Company shall file with the City a written statement specifying the particular streets, alleys and public highway, or parts thereof, in which underground utilities are to be located, the approximate size of the lines, cables, and/or conduits proposed to be used and the distance frau the surface of the street to the top of such lines, cables, and/or conduits. (b) The statements required by subsection (a) of this section shall be accompanied by a map, plan or specifications which shall show the proposed location of the lines, cables and/or conduits with reference to the streets, alleys and surface of the streets and the approximate dimensions of the lines, cables, conduits or manholes to be used therewith. The proposed locations may be changed by the Department of Public Works of the City if they shall in any way interfere with other conduits, pipes or mains placed underground by the City or by any other public utility. (c) The statement, -rep, plan or specifications, altered as provided far in subsection (b) of this section, after being corrected or changed, together with the original statement, shall renin on file in the office of the Department of Public Works of the City. All underground facilities shall be constructed in accordance with the corrected statement, map, plan or specifications. (d) A permit to excavate in any street, alley or public highway as provided in this Section shall be issued by the Department of Public Works to construct underground facilities as provided for in Chapter 31 of the Nlnicipal Code, when their location has been approved by the Department of Public Works. All such excavations shall be made in compliance with the requirements of this Chapter and Chapter 31 of the htnicipal Code. (e) In planning underground ducts, the Company shall include in the plans a conduit space in which the City may place its City alarm, City control, or City camunication wires, free of charge. The Company shall work with the City in the installation, repair and removal of alarm, control, and communication wires in the space allotted to the City. 97 Ordinance No. 86-3298 Page 10 (f) The above-ground extension of a .tility line from an underground conduit to a building or other location within the underground service district must be approved by the Department of Public Works of the City prior to its installa- tion. (g) Any above ground facilities in an underground service district shall be located with due regard for aesthetics. Section 33-186. Public Utility Coipany Contrac- tors. The require ants of this chapter shall apply fully to all persons, firms or corporations performing work for a public utility company under a contract or other type of work order. Division 4. General Provisions. Section 33-186. Conditions of Street Occupancy. (a) Use. All utility system components erected by a public utility company within the city shall be so located as to cause minimum interference with other public utilities located in the streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. (b) Relocation. The Company shall, upon reasonable notice and at its cost and expense, remove, locate and relocate its utility system components in, on, over or under any public right-of-way in the city in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, -maintenance, repair or change in grade of any public improvement on, in or about any such public right-of-way, for the purpose of promoting the efficient operation of any such improvement, or for the purpose of facilitating the vacation and redevelopment of public right-of-way by the City. In the event the public utility company fails to act within the allotted time, the City may cause the utility distribution systems to be relocated and the costs thereof shall be assessed to the public utility company. (c) Placement of Components. The public utility company shall not place their utility system components in the public right-of-way where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains. Ordinance No. 86-3298 Page 11 Section 33-187. Pallas of City. Nothing in this chapter contained shall be construed to abridge the riot or pacer of the City to make further regula- tions relative to the use of the streets, alleys and public grounds by a public utility ccnnpany using the same for the erection and maintenance of utility systems. Section 33-188. Penalty. Any persons willfully violating this chapter shall be guilty of a misderreanor and upon conviction thereof shall be punished according to the provisions of Section 8 of Ordinance No. 78-2918. Section 2. Severability Clause. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable frail said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall be in full force and effect frau and after its final passage and publication. The City Clerk is hereby directed to publish this Ordinance on Noverrter 14, 1986, which shall be the effective date hereof. Passed and approved this 9th day of Sept. , 1986. 11 /e__ ATTEST: Yhw ,e,,J -K. +?c t) CI i? CLERK fved & APP ni 9///t 97 It was moved by McDonald , and seconded by Zuber that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER _X__. COURTNEY DICKSON X MCDONALD X STRAIT X ZUBER First consideration 8/26/86 Vote for passage: Ayes: Ambrisco, Baker, Courtney, Dickson McDonald, Strait, Zuber. Nays: None. Absent: None. Second consideration XXXXX X Vote for passage Date published 11/14/86 Moved by McDonald, seconded by Zuber, 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 waived and the ordinance be voted upon for final passage at this time. Ayes: Dickson, McDonald, Strait, Zuber, Ambrisco, Baker, Courtney. CITY OF IOWA CITY CMC CEN[ER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5c STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3298 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9th day of September , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 14th day of November , 19 86 . Dated at Iowa City, Iowa, this 3rd day of December 19 86 . RAMe A PARROTT DEPUTY CITY CLERK E . nnnnxri 3. Planoment of Rblic Utility Use of Public Right-of-ft; Public Utility System Planing. Section 33-175. Paps and Projection. The Company shall furnish to the Public larks Departrent current naps showing the location of all evisting C Ii1 .�""'° udergrcump d utility system cao,ents in the city --+. streets and alleys and an private property. The Capany shall thereafter provide the City with 1NUNCE MOOING CWWT R �Clllw` i*L CCCE, UTILITIES, 5Y NX;iN6 MEMA NEW iodated reps n sane are updated m the any ARTICLE VI, TO BE WPM "PUBLIC for its use. The City's use of such maps shall be uTlI�TIES IrE(;LATIDN,"CONSISTIi�OF SECTIONS 33-171 limited to City utility and i pro mit planningT4ii I;Fi 33 188, AND AFIAT1tG TO 11€ REg11lTiCN OF purposes. In addition, the Comany shall furnish infon TJEL1C UTILITIES IN IA OF MILK RIGHT-OFRIGHT-OF-WY. etion and projections concerning all planned or proposed utility system extensions or expensices. PREMBF: major repair work projects and projects to install ra &E AAS, pursuant to Section 364.1 i the lee y system. Such infornetion awd projections shall Code the City is authorized to "exercise any poor be preparegiving due consi demotion to the City's and perform any function it deers appropriate to five year Capital irrprovertnt Plan, and shall be protect and Preserve the..rights, privileges ant,. provided in carp e!iensiee form and with sufficient prcee ty of the city or Of its residents, and m lend tine to provide the City the opportunity to preserve and inp"ove the peace, safety, health, conduct appropriate reviews. Section eelfe"e. ccndort and convenience of its residents'; X176Extension or Expansion of and Utility System, P . r Affair Yat and Installation IIQIEAS, pursuant to Section 364.2 of the Inge Systems. Before any public utility company, nrne .•the City is authorized to regulate "the nor or hereafter operating d maintaining utility conditions required ad the nwmer of use of the distribution systems, comeices any extension or f t streets and the public grounds of the city" by waist') of its utility systan, any major repair Printers fee$/ _ l- public utility franchisees; and work or the installation of any new systen in the City, there YEAEAS, this City Council has further been shall be filed with the Public Maks adv i sed,W has fond and determined' that it would Iia�eit awrittentenjt specifying heCERTIFICATE OF PUBLICATION serve to preserve ad improve the peace, safety, streets, alleys, tplaces prbpry, health, welfare, =fort aro convenience of Iona or parts thereof. in which it proposes to extend, STATE OF IOWA. Johnson County, ss: City ,�„� and to protect I city expand, install or repair its utility system. The THE IOWA CITY PRESS-CITIZEN pprf'y�• by adoption of en ondinace r ilatinq Director of Nona Ibis mons require that the publw utilities' use of public rift-af4ey and stata'ewt be accompanied by a nap, plan and lit property, end requiring alproval of utility specifications to a, acceptable scale showing the expansims and extensions. proposed locatiro of the utility System farproents 1FEREFORE, !E IT gentU ED BY TEE CITY COLNC1L with reference to the streets ad alleys ad lot CITY OF IOTA CITY, IOWA: linhes, the size and dimensions of all utility systen I, on 1. That Chapter 33 of the Iona City wnponents and the distance above cr beneath the tipal Code, "Utilities," be, and the sane is surface of the ground it is proposed to repair or to Carol Barr, being duly sworn• say that I hoity arefded by adding thereto the following new lay the sane. if the proposed locations of any am the legal clerk of the IOWA CITY article, Article VI, to be entitled "Attic utility system comments shall interfere with the Utilities Regulation," consisting of Sections 33-171 reasonable and proper use,cmnstruetioh, reconstruc- P R E S S-CITIZEN, a newspaper thragh 13-172, to read as follows: tiro and maintenance of any public inproveren,ts or other existing utility systen comment or other published in said county, and that a Chapter 33,Article VI structure spm or under the streets, alleys or notice. a printed copy of which is hereto Public Utilities Regulation public places of the city, the Director of Public att3Ohed, was published in said paper Works shall, within a reasonable tire after the 7 Division 1. Tttle,Purpose and Definitions. filing of such plan, nap at specifications, note time(s), on the following Section 31-171. Title. The ordinance codified the necessary and proper changes to eliminate all date(s): in this chapter shall be known as the "public interference with public inproverents cr existing utilities regulation ordinance." utility systen and refer the same back to the public / Section 3} purpose 172. Repose. The pue of this utility company for correction. Such rep, plan ed /1 Ii L CO chapter is (1) to regulate the use of public specifications,vAhem properly changed and corrected, right-of-way for the distribution of energy and shall be filed in the office of the Public Works audio cr visual comunications by companies holding Oepartneht, and after the approval of the same by a franchise crafted by the City of Ione City, lona, the Director of Pblic Works, a permit shall be or Otherwise permitted to use public right-eBay to issued authorizing the corp,ny to excavate in the delve* a product or service to the residents of streets and alleys and to erect and construct such utility system in accaaance with said cor ecten this city; and (2) to regulate the Taxation of reps, ply and specifications. The permit issued .,t.ility system expansions and extensions to promote hereunder shall include any permit required pursuant Legal Clerk camprehe,sive city planning.g Section 33-173. Definitions. For the recce of d' � 31 st ctithe Mur el Cade. such � excavation, construction or erection shall be this, chapter the following terns shall have the cemented befc e Ude issuance of the permit herein Subscribed and sworn to before me meanings herein ascribed to then except where the provided for act all Bork shall be in strict context clearly requires otherwise: n;-n the said rrrrefted reps, : laps and �(9��j/J / / (a) "Audio a visual comunicatims" include radio �11L►'Ida of /(/ 0 ( , A.D and television transmissions and telephonic t h i s rspecifications. Ycaagpications. Satiw 33-177. Construction.al i", (b) Ener" means power supplied to customers _ ct the! either in the form of gas or electricity. replacement location,process tif or of an re trtctiaf, 19 5 , (c) 'Major' repair work" nears the repair orrepairy c ysten reconstruction of a moment, the excavation or obs elde pert of the utility system placed in anystreet, alleyor or to the extent that,Ort of the system Wer public at any repair involves anp,gr more complete city tine or for any purpose by any such is utility blocks. crepany shall be properly barricaded to protect the "Public utility "or ,s anypublic and to assure the safe and efficient aovemrnt Notary Public dJ canes "company" of traffic, aro all pavement take, si ea laced person, company or corporation utilizing,the dI1D public right-of-way to deliver energy or audio shall be ptperly and speedily replaced the general supervision of the City. Asa ion to �•`% , or visual mmmun,oations to the residents of5 ���''' the city and holding a city franchise for that use of Wolk right-of-w y, every public utility purpose. on'PonY (except those public utility co'pemies ' K • O i s—�7 (e) "Utility system"or "utility systen crn orients" having a iced use by City ordinance)pfd in the -_— means and includes poles, overhead wires, making such excavation err in the trluction or uden]r•ound conduits, piping, meinoles and enaction of the utility system cuTxleOtt or in the other instillations and.appliances necessary 'repair or replacement of sane, or having contracted fa the generation, trana'nission r distribu for tl>e work ton scion shall pay all . (r injuries to persons r tion o>f energy ,or audio a visual cammunira City, resulting frownnegligentecr ai to the (f) "Electrical distribution system" rmee,s all nmstru tiro, erection or repair Guth ut,rmti'lityy electrical system components designed or used system or the maintenance and use of *re sere, ad for the distribution of electric energy within shall fully indemify ed save harmliss the City the City, other than transmission lines. from and against all claims of every nature for (g) "Electrical transmission system" means those damages to person or property arising or resulting electrical system components which directly from negligent construction orige,ce in Cr wort ort electrical lines ferrying constructing or maintaining such utility system thirty-far point five (34.5) kilovolts or more comprerts, or in the repair of the sere cr of electric current. resulting or arising from delay or i failure to (h) 't dergroud service district" means a defined More the street, alley or public gibed to its area or tract of land within which all public forme' condition, Were excavations hate been rade, utility companies ace required to place utility Cr resulting from a failure to propelt barricade systen mmpome,ts belon the surface or grade Of such excavations. If the public utitity coiany the right-of-way or private property upon which fails to repair or arrange for the,proper repair said components are located or throunb which with the City of any street, alley or public sound they traverse. after excavations have bee, nide, and after five Section 33-174. Amp ruing ieprh—itch ia: days' notice in writing to db so,give,to its local following information shall be furnished by the rprese'mtative, the, the City ray dee such repairs Company to the City Clerk and filed in that office at the expense of such public utility company. within the tines hereinafter set forth: Section 33.178. Ementices and Tree Trimming. (a) Arcual Report to Stockholders (within 3)days In nekirg any excavation in a public street,wave, of issuance). alley or other public place, the Company sha'l obtain a pemit therefore pursuant to (b) Annualstate federal the Nn{cipal Code, shall provide the 31 report to applicablead Works filing). agencies (within nn days oN filing). Department with 24 hours notice prior to the actual (c) 10K-Annual Report (SEC) (within 3) days of conencement of the work, shall not unnecessarily obstructfiling), obstruct the use of wenn streets,avenues,alleys or d manual places, ad shall cagily with all provisions ( ) Capons s current rate ual and all of Chapter 31 in performing such work. In vie-geu- (e) Projections and plans for future transmission cies which require immediate excavation, the Company in the city to be provided annually.future vey proceed with the work without first applying for (f) Written notice to the City of any rate increase r pangobtafig the pernrit, nvideho ewer,that the requests applicable to the City cr its C mit she T apply for ad detain the excavation irYm itants filed bJ the Company beffre the pem, as so7l. as possible after emceeing such Utilities Division of the lea Department of emergency work. 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' •;18813 310400.10 4062 4041;73 a ut ta.1. te 4ns 30nmp 4 G- 35388 0544010)4 534 JO 544413 343 -844510 5104 211)3 pe 310 0; (9ztJ0g3ne (s0= F;14)130 4440 V A,4 tom. - 1s ' Y-3-71 A . , . . . ,( ORDINANCE D. 86-3299 AN ORDINANCE ANEPDING CHAPTER 1 OF TFE CODE OF ORDINANCES OF 1TE CITY OF IOWA CITY, BY PDDING PROCEDURES AND PENALTIES FOR MUNICIPAL INFRACTIONS. WEPEAS, the City Council wishes to decrimi- nalize certain Municipal Code violations and estab- lish a municipal infraction citation process, and WHEREAS, the purpose of this arendtent is to establish procedures and penalties for municipal infractions. NOW, i}EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. Chapter 1 is hereby arended by adding the following new Article II: ARTICLE II. PROCEDURES AN) PENALTIES FOR MNICI- PAL INFRACTIONS. Set. 1-a). Definitions. (a) Code: The term Code mans the Code of Ordinances of the City of Iowa City as may be arended fran time to tine. (b) Repeat offense: A recurring violation of the same section of the code of ordinances. Sec. 1-21. Violations, penalties, and alterna- tive relief. (a) Any violation of the Code, with the excep- tion of any violation which is a felony or misdereanor under state law, is a mmicipal infraction. (b) Unless another civil penalty is provided elsewhere in this Code for a specific viola- tion, a municipal infraction is a civil offense punishable as provided in the fol- lawing schedule of civil penalties: Schedule of Civil Penalties: 1st offense - $30; 2nd offense - $100; 3rd & subsequent offense(s) - $200 (c) Each day that a municipal infraction occurs ,and/or is permitted to exist constitutes a separate offense. (d) Seeking a civil penalty as authorized in this Article does not preclude the City frau seeking alternative relief fran the Court in the same action. Such alternative relief may include, but is not limited to, an order for abaterent or injunctive relief. Sec. 1-22. Civil citations. (a) Any employee or other official authorized by the City to enforce the Code my issue a civil citation to a person who is alleged to have committed a municipal infraction. 96 Ordinance No. 86-3299 Page 2 (b) The citation nay be served by personal service or by certified mail return receipt requested. (c) Two copies of the citation shall be filed with the Clerk of the District Court and one copy shall be delivered to the alleged violator. (d) The citation shall serve as notification of an allegation that a municipal infraction has been committed and shall contain the following infornatian: (1) The nacre and address of the alleged violator. (2) The name cr description of the alleged infraction, attested to by the officer issuing the citation. (3) The location and time of the alleged infraction. (4) The amount of civil penalty for the violation charged and the court costs, or the alternative relief sought, or both. (5) The manner, location, and time in rhich the penalty may be paid. (6) The time. and place of court appear- ance. (7) A statereit of the penalty for failure to appear in court. SECTIO! II. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. 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 rot adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 7th day of October 1986. 7(— < ilevaiviaAAA.Likit; OR ATTEST: �,��CIiY 1�aw . ) C Received & Approveo By a Legg De i cg 99 It was moved by McDonald , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER __X__ COURTNEY DICKSON X MCDONALD X STRAIT X ZUBER First consideration Vote for passage: Second consideration 9/16/86 Vote for passage: Ayes: McDonald, Strait, Zuber, Ambrisco, Baker, Courtney, Dickson. Nayes: None. Absent: None. Date published 10/15/86 Moved by Zuber, seconded by Strait, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the ordinance be given second consideration at this time. q2 CITY OF IOWA CiTY CMC CENTER 410 E. WASHINGTON ST. IOWA CI1Y, IOWA 52240 (319) 356-5000 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3299 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7th day of October , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 1th day of Ocfnher , 19 86 Dated at Iowa City, Iowa, this 4th day of November ,Ig 86 Lca- am a Parrott, Deputy City Clerk OFFICIAL PUBLICATION ORDINANCE NT. 86-3299 AN ORDINA11ICE APEWING CHAPTER I OF 11f CIDE OF TPDINANCES OF INE CITY OF IOWA CITY, BY ADDINfii PROCEDIIIES Ata PBJALT1ES FOR MJNIC1PAL INFRACTI016. r ,iffRrAS, the City Council wishes to decrini-. Halite certain ttinicinal Cade violations and 4nOwOr fF4*41:a municipal infraction citation process,and p}IEREAS, the purpose of this a1 'dnent'•ts to. ihteblish procedures and penalties for nunicipal fractions. ITHEREFORE, ff iT ORDAINID IVY TOE CITY OF 1FE CITY OF IOWA CITY, IOWA,THAT: SECT 1. Chapter I is hereby amended by adding the fo owing nw Article Ii: :ARTtCLE 11. II1OCEOURES AND PENALTIES FOR itNIC1- :PnL OVVRACTIChb. Seca 1•,aDefinitions - (a) Oefiniti . (a) Code: The tam Code means the Code of • Ordinances of the City of lows City as nay Be arcaded from tine to tine. Printers fee$a 3• q/ (b) Repeat offense: A recurring violation of the safe section of the code of ordinantes. Sec. 1-21. Yiolatiins, penalties,and altam- tive relief. CERTIFICATE OF PUBLICATION (a) Any violation of the Cole, with the excep- tion of any violation which is a felony or STATE OF IOWA, Johnson County,ss: misdemeanor under state law, is a nunicipal THE IOWA CITY PRESS-CITIZEN infraction. (b) Unless another civil penalty is provided elsta'iee in this Code for a specific viola- . Lion, a municipal infraction is a civil ' offense punishable as provided in the fol- • I lowing schedule of civil penalties: • Schedule of Civil Penalties: 1st offense Bronwyn S. Van Fossen, being duly - 130; 2nd offense- $100; 3rd&subsequent• offense(s) - $200 sworn, say that I am the cashier of the (c) Each day that a municipal infraction occurs IOWA CITY PRESS-CITIZEN, a news- and/or is permitted to exist constitutes a paper published in said county, and that separate offense' (d) Seeking a civil penalty as authorized in. a notice, a printed copy of which is this Article does not preclude the City from' hereto attached, was published in said seeking alternative relief from the Court in paper / time(s), on the fol- the sate'action. Such alternative relief may include, but is rot limited to,an order lowing date(sl: for abatement or injunctive relief. Sec. 1-22. Civil citations. (a) Any employee or other official authorized by the City to enforce the Code may issue a ' civil citation to a person who is alleged to L1 J /S'- �� have committed a nunicipal infraction. / (b) The citation my be served by personal ., • service or by certified mail return receipt requested. �C/�u (c) Two copies of the citation shall be filed Cashier with the Clerk of the District Court and one copy shall be delivered to the alleged violator. (d) The citation shall serve as notification of' an allegation that a municipal infraction ' Subscribed and sworn to before me has been comnitted and shall contain the • . following information: this3day of (pA.D. (1) The'hoe and address of the alleged .D. violator. (2) The name or description of the alleged infraction, attested to by the officer 19issuing the citation. )f yj,b (3) The location and time of the alleged • infraction. •.) The amount of civil penalty for the violation charged and the court costs, Notary Public or the alternative relief sought, or , th. (b) The manner, location,and tine in vhich No. 1� TT the penalty nay be paid. *- (6) The tine and place of court appear- ance. (7) A statorent of the penalty for failure ell "" • to appear in court. �'�gi�.7rr SH�Ii,ON STUBBS sterol-IL ordesin REPEALER: All with ordinances hinhe ncesand s on offshof ••'( �X p• b `i S-S 7 ordinance are hereby repealed. SECTION iii. SEVERABILITY: If any section, provi- . f sion or part of the Ordinance shall be adjudoed to he invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a .,nole•o^any section, provision or part tha-Fof not adjudged invalid or unconstitutional. • SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as reqiired by law. Passed and approved this 7th day of October Ii ROR kALS- ATTEST:146,a �s d<9.6) 15544 October 15, 1986 - a`i Lb., ORDINANCE NO. 86-3300 AN ORDINANCE RENDING THE FIRE COD` TO PRDVICE THAT EACH DAY A VIOLATION CONTINIES SHALL BE A SEPARATE OFFENSE. WrEREAS, the Ione Code was recently anidei,to provide that each day a violation of the Fire Cede occurs or is permitted to Exist after conviction shall constitute a separate offense; and WHEREAS, the City Council of Iova City believes such a provision will aid in proper enforcement of the City's Fire Code. NOW, THEREFORE, BE IT ORDAIN€D BY THE CITY COLNCIL CF IOWA CITY, IOr1A, THAT: Section 12-25 of the Iona City Code of Ordinances is hereby deleted and the following is inserted in lieu thereof: Section 12-25. Penalties. Any person vho shall violate any of the provi- sions of the code herthy adopted or fails to canply therewith, or rho shall violate or fail to conply with any order made thereunder, or rho shall build in violation of any detailed state- ment of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder and frau which no appeal has been taken, shall be guilty of a misdeneanor, punishable,by a fine not exceeding one hundred dollars ($100.00) or by imprisormerut not exceed- ing thirty (30) days. Each day a violation occurs or is permitted to exist after conviction constitutes a separate offense. SECTION I. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTICN II. 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 %hole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION III. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 7th day of October 1986. A �- ,�..�� ; r ATTEST: / o:4 o.4) -4/. 4Q AJ CITY CLEW Received & Approved ay The Lecvnl Dm,•rment p RJ*- 9// l It was moved by Dickson , and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER 77- COURTNEY X DICKSON X MCDONALD 7C-- STRAIT X ZUBER First consideration 9/9/86 Vote for passage: Ayes: Ambrisco, Baker, Courtney, Dickson, McDonald, Strait, Zuber. Nays: None. Absent: None. Second consideration 9/16/86 Vote for passage : Ayes: Courtney, Dickson, McDonald, Strait, Zuber, Ambrisco, Baker. Nayes: None. Absent: None. Date published 10/15/86 CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY I, Ramona Parrott, Deputy 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. 86-3300 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7th day of October , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 15th day of OctnhPr , 19 86 Dated at Iowa City,• Iowa, this 4thday of November ,19 86. Ram na Parrott, Deputy City Clerk • • OFFICIAL PUBLICATION /3.y� ORDINANCE NO 8n-3. Printers fee S� AN ORDINANCE 46311ING THE FIRE COIF TO P%NIiE THAT EACH DAY A VIOLATION CCNTINIFS SHALL BE A **BATE CERTIFICATE OF PUBLICATION OFFE%B. STATE OF IOWA, Johnson Countv.ss: ANERFAS, the tae Code Wes recently mended to THE IOWA CITY PRESS CITIZEN provide that each day a violation of the Fire Code occurs or is permitted to exist after conviction shall constitute a separate offense; and AiEFEAS, the City Council of lows City believes such a provision will aid in propo- etforoenert of I the City's Fire Code. NOW, hfPEFCRE, BE IT ORDAINED BY TIE CITY COLNCIL Bronwyn S. Van Fossen, being duly (F iOWACITY, IOWA, THAT: sworn, say that I am the cashier of the Section 12-25 of the love City Code of Ordinances is hereby deleted and the followirg is inserted in IOWA CITY PRESS-CITIZEN, a news- lieu thereof: paper published in said county, and that 12-25. Pnalties Any pviolate any of the prwi- a notice, a printed copy of which is siax of the code hereby adopted or fails to hereto attached, was published in said conply therewith, or Who shall violate or fail to conply with anyorder made thereunder, or who paper time(s), on the fol- shall build in violation of any detailed state- lowing date(s): rent of specifications or plans subnitted and approved thereunder,or any certificate or permit issued thereunder and fran which no appeal has been taken, shall be guilty of a misdeneanor, A J,, /. /5- Pnishable by a fire not exceeding ore hundred f' (� (.Le-fJ / ���G dollars (5100.00) or by irgrisanent not exceed- ing thirty (3D) days. • Each day a violation as or is itted to SIL[�L►—N I�r �, ,/ Each &Arpem` exist after conviction constitutes a separate offense. Cashier SECTION I. REPEALER: All ordinances are parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 11. SEVERABILITY: If any section, provi- • Subscribed and sworn to before me vice Cr part of the Ordinance shall be adjudged to be invalid on unconstitutional, such adjudication I I _Y/ shall not affect the validity of the Ordirance as a this 3f - day of O A.D. Whole or any section, provision or part thereof not adjudged invalid Cr unconstitutional. SEC ICN III. EFFECTIVE DATE: This Ordinance stall 19 • 3e in effect after its final passage, approval and publication as required by law. Passed aid approved this 7th day of Octobep Notary Public No. DS—/F0 ATTEST: }Y�p,w�.J -�• -1Va,s.J CITY CLELM .)5515 October 15,1986 I` �•v, a SHARON STUBBS 4# o • • I 5 ORDINANCE NJ. 86-3301 ORDINANE TO *EMD THE ZONING ORDINANCE TO PERMIT SMALL ANIMAL CLINICS IN THE CC-2 ZONE. WHEREAS, the Camnnity Camiercial zone (CC-2) is intended to provide a major business district can- prised of a variety of retail goads aid services for a large segment of the canrnnity; and WHEREAS, snail animal clinics provide a service to a broad segment of the population; and WHEREAS, the regulation of small animal clinics may be necessary to provide for the compatibility of this use with other uses. NOW, 1HEREFCRE, BE IT RESOLVED BY TFE CITY CONN- CIL CF IOWA CITY that: SECTION I. ANENENENFS. 1. Section 36-4(c) is hereby amended by adding the following new section: (5.1) Clinic, small animal. An establishment %here the prevention and treatment of diseases and injuries in small danestic animals is car- ried out by a licensed veterinarian. For the proposes of this Chapter, this definition does not include a kennel. 2. Section 36-19 is hereby amended by adding the following new section: (c) Provisional uses. (1) Small animal clinics, provided there are no outside runs and the structure housing the clinic is not located within 200 feet of a residential zone. SECTION II. REPEALER. All ordinances and parts of ordinances in confdi4t with the provisions of this ordinance are hereby gppeealed. SECTION III. SEVERA9ILITY. If any section, provi- sion or part of this 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 IV. 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 November 1°:6S I1 _s et__Ai, , ATTEST: 4at4Q4,) -W/AA) CITY CLERK Received & Approved By The Legal De rlriwnf 100 • It was moved by McDonald , and seconded by Zuber that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X ---- BAKER X COURTNEY X DICKSON X MCDONALD X ---- STRAIT X ZUBER First consideration 10-21-86 Vote for passage: Ayes: Baker, Courtney, Dickson, McDonald Zuber, Ambrisco. Nays: None. Absent: Strait. Second consideration Vote for passage Date published 11/12/86 Moved by McDonald, Seconded by Zuber, 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 be waived and the ordinance be voted upon for final passage at this time. Ayes: McDonald, Strait, Zuber, Ambrisco, Baker, Courtney, Dickson. Nays: None. Absent: None. lob CITY OF OWA C TY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5COD STATE OF IOWA ) } SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3301 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of November , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 12th day of November , 19 86 . Dated at Iowa City, Iowa, this 3rd day of December 19 86 . ��. ! �• RAMOUA PARROTT DEPUTY CITY CLERK Printer's fee 3ir,A,S4 OFFICIAL PUBLICATION CERTIFICATE OF PUBLICATION OiIDIFOCE 1O. I=-'301 STATE OF IOWA. Johnson County. ss: N!@D TIE Zd1I16 EFIDDA,CE 10 PEr1TT THE IOWA CITY PRESS-CITIZEN CLINiCS IN T1f a-2 ZONE. WHEREAS, the Cannnity Canie'cial zone (CC-2) is intended to provide a ne�jor business district can - wised of a variety of retail gools ad services for a large segment of the amenity;and 16EEAS, snail animal clinics provide a service I, to a broad sayent of the population;and WI{WAS, the regulation of shall aminal clinics Carol Barr, being duly sworn, say that I may be necessary to provide for the compatibility of am the legal clerk of the IOWA CITY this use with othe' uses.w, iwFEFOE, FE 'rT RESOLVED BY T1f C COM- PRESS-CITIZEN, a newspaper CIL CF IauaCITY that: published in said county, and that a 1..�Seecct on 4(c)ss hereby amended by adding the notice, arinted copyfollowiry r sectio': p of which is hereto (5.1) Clinic, small animal. A, establishment attached, was published in said paper there the Irevention and treatment of diseases time(s), on the following a1 injuries in smell domestic anirels is:s car- date rim kr by a licensed veterinarian. the ( ) exposes of this Captor, this definition does �^ rot inch a kennel.-7/611/34 / 2. Section 36-19 is hereby emended by adding the / ( /,-,19/ ` ,� following re/section: (c) Rv+isional uses. (1) 9me11 aninel clinics, warded there are no outside rips and the structureC housing the clinic is not located //j- � within 200 feet of a residential tyre. !jam* SECTION I1. REPEALER. All ordinances and parts of ordinances in ccnflN t with the praisions of this . Legal Clerk odirvance are handy led- SECTION III. LITY. If any section,provi- par sion w t of this ordinate shall be cat to Subscribed and sworn to before me be invalid a' utarnstitutiaral, such adjudication shall rot affect the validity of the ordinance as a o .�f /' thole a- any section,provision a' part thereof rot this r"�day of /V Ch cJ_, A.D. IV al�TIVE (ATE. Ibis crdirarte shell / Ee in effect after its final pessage, alp-oral and Q 19 (]W . ptl station as regviru by lay. Passed and approve i s ath Slav of November Notary Public ATTEST: J�L,.,,,,,,,r>�D . CM c ow nsav 15950 November 12,1906 e `'i SHARON STrUBBS • ± S1< . ?-is-SJ pcb - 6i ORDINANCE NO. 86-330' AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH) ZONE TO PERMIT OPDH PLANS ON TRACTS OF LESS THAN TWO ACRES AND TO PERMIT ADMINISTRA- TIVE APPROVAL OF FINAL PLANS. WHEREAS, the OPDH zone is established to permit flexibility in the use and design of structures and land in situations where conventional development may be inappropriate ; and WHEREAS, the Planning & Zoning Commission and the City Council find it appro- priate to permit the use of OPDH zoning on properties less than two acres meeting certain specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION I . AMENDMENTS. Section 36-47 of the Code of Ordinances is amended by deleting said section and inserting in lieu thereof the following: 101 Sec. 36-47 . Planned Development Housing Overlay (OPD-H) Zone (a) Purpose. The OPD-H zone is established to permit flexibility in the use an design of structures and land in situations where conven- tional development may be inappropriate and where modifications of requirements of the underlying zone will not be contrary to the intent and purpose of the Zoning Ordinance, inconsistent with the Comprehensive Plan nor harmful to the neighborhood in which they are located. (b) Intent. The intent of the PDH regulations is to: (1) Provide flexibility in architectural design, placement and clustering of buildings , use of open space, provision of circu- lation facilities and parking, and related site and design con- siderations; (2) Encourage the preservation and best use of existing landscape features through development sensitive to the natural features of the surrounding area; (3) Promote efficient land use with smaller networks of utilities and streets; (4) Encourage and preserve opportunities for energy efficient devel- opment; (5) Promote an attractive and safe living environment which is compatible with surrounding residential developments; and (6) Provide an alternative method for redeveloping older residential areas and to encourage infill development. (c) Applicability. Planned development housing shall be permitted in R zones as follows: (1) For an undeveloped area of land of two (2) acres or more. (2) For development of areas of land containing less than two (2) acres but more than one acre, where, because of environmentally sensitive areas, or existing natural features, or the land is completely surrounded by development , or the age of existing development or scenic assets, such development is more appropri- ate and more efficient than conventional development (see Sec- tion 36-48(h) for specific standards relating to developments of less than two acres) . Sec. 36-48. Same-Regulations. (a) Preliminary PDH plan. The owner of an area of land meeting the requirements of Sec. 36-47(c) , who wishes to develop in accordance with the provisions of this section, shall submit to the City Clerk six (6) copies of a preliminary PDH plan and application for prelimi- nary approval . The preliminary PDH plan for the use and development of the area of land shall list all requested variations from require- sol -2- ments of the particular zone in which the tract of land is located. The preliminary PDH plan may show a range of dimensions and need not have the specificity of the final plan. The application shall be accompanied by the following: (1) A location map affixed to the plan. (2) A preliminary PDH plan of the proposed development drawn to scale of 1" = 100' , showing: a. Contours at five (5) foot intervals or less. b. Approximate location of all proposed streets. c. Proposed uses of the land. d. Number of dwelling units proposed for the planned develop- ment. e. Proposed general arrangement of the buildings. f. Location and area of proposed open space areas (either to be held in common or publicly, and whether to be used for active recreation purposes or only as an environmental amenity) . g. Sketches to indicate the general design of building types and the overall character of the development. h. Legal description of the planned development. (3) A fee in such amount as may be established from time to time by Resolution. (b) Preliminary PDH plan approval . Approval of a preliminary PDH plan shall be by ordinance in accordance with the procedures set forth in Sec. 36-88, Amendment of Ordinance. Approval of the zoning of the land to an OPD-H zone shall constitute approval of the plan. A preliminary PDH plan shall be valid for no more than 24 months , unless specifically provided otherwise in the OPD-H approval ordi- nance. If no building permit has been issued for the development within the 24 month period , the area of land to which the PDH ordi- nance applied may be considered by the City for rezoning. Prelimi- nary or final OPD-H plans approved prior to the date of adoption of these regulations shall not be subject to this provision. (c) Report of Planning and Zoning Commission. Upon completion of review of the preliminary PDH plan of the planned development, the Commis- sion shall recommend either approval or denial of the plan and shall make a written report of its findings to the City Council to substan- tiate its recommendations. The findings shall deal with the follow- ing: that the variances in setbacks , lot area requirements , building heights, building types, sizes of buildings , and the combination of land uses will be in the public interest, in harmony with the pur- poses of this chapter and other building regulations of the City and lot -3- will not adversely affect nearby properties; and that the parking requirements of this chapter otherwise prevailing in the zone have not been reduced. (d) Changes in approved preliminary PDH plan. Material changes in an approved preliminary PDH plan shall be subject to the approval proce- dures set forth in Section 36-48(b) . A material change is any change in the use or character of the development from the use or uses shown on the preliminary PDH plan, and any dimensional change beyond the ranges specified on the preliminary plan. (e) Final PDH plan. Applications for approval of the final PDH plan shall meet all of the requirements of the preliminary PDH plan and meet the documentation specifications of the subdivision and large scale residential development regulations where applicable. A fee in such amount as may be established from time to time by Resolution shall be paid at the time the final plan is submitted to the City Clerk. For an area of land less than two (2) acres the final PDH plan shall also include the following: (1) Building elevations and floor plans for all structures . (2) Details of materials to be used for external construction. (3) A landscape plan including screening and buffering between the proposed and existing development. (f) Final PDH plan of subarea. After preliminary approval of the entire planned development is given, a final plan of a segment or subarea within the planned development may be approved if: (1) The plan of the subarea meets all requirements of a final plan. (2) The dwelling unit density within the subarea does not exceed the dwelling unit density allowable for the least restrictive use for that area under existing zoning. (3) The subarea can function as an independent development unit with adequate access , services, utilities, open space, etc. (4) The developer dedicates all public rights-of-way necessary to support the subarea. (5) The subarea is more than two (2) acres in size. (g) General requirements. Planned developments shall meet the following criteria: (1) Land uses. Combinations of land uses including single family, multi-family and commercial uses are permitted, and variations in building setback and lot area requirements as called for in this Chapter may be approved for planned developments. (Commer- cial uses are not permitted in PDH plans on less than two acres. ) 101 -4- (2) Dwelling unit density. The overall dwelling unit density (based upon total land area minus public and private street right-of- way area within the planned development) may be computed on the basis of that permitted for the least restrictive use, depending upon the character of the development which would be allowed under the applicable zoning classifications(s) . (3) Open space. Planned developments shall take into consideration the need to provide open space for recreational purposes and to enhance the general character of the area. a. In the event the open space land is to be retained under private ownership, the developer must submit a legally binding instrument setting forth the procedures to be fol- lowed in maintaining the areas and the means for financing maintenance costs. Generally, such costs shall be shared by all owners of property located within the planned develop- ment, with unpaid costs becoming a lien on individual prop- erties. b. All proposed dedications of land for public use, including that to be dedicated for recreational use, shall be approved in writing by appropriate departments of the City prior to approval of the plan by the Commission. All land dedica- tions for public use shall conform to the requirements of city ordinances. (4) Ownership. At the time of approval of a preliminary PDH plan, the developer must submit evidence of ownership of the property to be developed or show evidence of legally binding executed option agreements for purchasing all of the property. (5) Dedication of public right-of-way. All proposed dedications of land for public use, including that to be dedicated for recrea- tional use, shall be approved in writing by appropriate depart- ments of the City prior to approval of the plan by the Commission. All land dedications for public use shall conform to the requirements of city ordinances. (6) Streets. Planned developments shall make provision for con- tinuation and extension of streets and shall be done in accor- dance with current city standards. (7) Schedule of completion. A developer or sponsor of a planned development shall be required to submit a signed statement generally describing the proposed development and setting forth an intended time schedule for the completion of various phases. (h) Additional requirements and standards for PDH on areas of land less than two (2) acres , but one acre or more. No PDH plan for an area containing less than two acres shall be approved before the following prerequisite is met and which does not conform to the following standards: lbI -5- (1) Prerequisite to consideration: Prior to submitting a preliminary plan, the owner/developer shall notify all property owners within 600 feet of the proposed development, of the proposed project, and shall meet with as many property owners as possible to discuss the project. The owner/developer shall submit to the Department of Planning and Program Development a list of property owners , obtained from the Assessor's Office, to whom notice was sent. Documentation of a meeting with these people shall be submitted to the Planning and Zoning Commission. (2) General standards: (a) The density and design of the PDH shall be compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout with adjoin- ing land uses, and shall be integrated into the neighbor- hood. (b) The development shall not overburden existing streets and utilities. (c) The development shall not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development. (3) Specific standards: (a) Land coverage: Maximum land coverage for all buildings in the development shall not exceed 35% of the total land area minus street right-of-way area. (b) Open space: At least 35% of the total land area minus public and private street right-of-way area shall be open space. At least 50% of the required open space shall be suitably improved by the owner/developer for its intended purpose, such work to be completed before any occupancy certificate may be issued for the development. The remain- ing 50% of required open space may be left unimproved, particularly if natural features worthy of preservation exist on the site. [Open space means land area of the site not covered by buildings , parking or vehicular maneuvering areas , but including storm water detention basins, recrea- tional and pedestrian areas and private yards, if any. ] (c) Dimensions: There shall be no minimum dimensional require- ments except for setbacks required by the Uniform Building Code and at the perimeter of the development where setbacks shall be, at a minimum, those required for adjacent proper- ties. tot -6- (d) Siting and design: Multi-family structures located adja- cent to existing single-family dwellings must be sited, landscaped and screened by natural features and plant materials to harmoniously integrate the PDH with the sur- rounding neighborhood. (e) Commercial or institutional uses shall be prohibited. (4) Other conditions may be required, if found necessary to protect and promote the best interests of the surrounding property or the neighborhood. These conditions may include but are not limited to, the following: (a) Improvement of traffic circulation for vehicles and pedes- trians in the proposed development and adjoining properties and streets. (b) Specific landscaping requirements to maintain privacy or reduce impacts on adjoining properties. (c) Joint use of private open space or amenities by adjoining property owners. (i) Final plan approval . Final approval of any PDH plan shall be by administrative review. Approval shall be based on compliance with an approved preliminary PDH plan and any modifications required by the Commission and Council at the time the land was zoned to OPD-H. After approval of the final plan, permits may be issued to carry out the approved plan. Material changes to an approved PDH plan must be approved by ordinance in accordance with the procedures set forth in Sec. 36-48(b) . Amendment of Ordinance. Material changes are the same as those specified in Section 36-48(d) . (j) Building permits. The final plan, or parts thereof as finally ap- proved, shall be filed in the building official 's office and building permits may be issued only for structures conforming to the PDH plan. Minor changes in building arrangements that do not substantially alter the character of the development are allowable without further Council action. Any other changes, including changes in street locations, land use and building arrangements, shall be considered as material changes to the approved plan, to be approved as amendments in accordance with the procedures set forth in Section 36-48(b) . In the event commercial uses are approved as a part of a planned development, no building permit or a commercial use shall be issued until a minimum of 25% of the housing units planned for the area (or approved subarea) have been completed or unless 25% of the housing units planned for the area (or approved subarea) will be built simul- taneously. (Separate building permits shall be obtained by the developers for the construction of housing and commercial uses where separate buildings are to be used. ) Secs. 36-49 - 36-52. Reserved. to 1 Ordinance No. 86-3302 SECTION II . REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III . SEVERABILITY: If any section , provision or part of the Ordi- nance shall be adjudged to be invalid or unconstitutional , such adjudication shall not affect the validity of the Ordinance as a whole or any section , provision or part thereof not adjudged invalid or unconstitutional . SECTION IV. 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 November, 19&0. I /op OR ATTEST: ` "( " ) CITY CLERK Received & Approve. By T Legal De rtment /115 / 161 It was moved by McDonald , and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER COURTNEY DICKSON X MCDONALD X STRAIT X ZUBER First consideration 10/21/86 Vote for passage: Ayes: Dickson, McDonald, Zuber, Ambrisco, Baker, Courtney. Nays: None. Absent: Strait. Second consideration Vote for passage Date published 11/12/86 Moved by McDonald, seconded by Strait, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration be waived and the ordinance be voted upon for final passage at this time. Ayes: Baker, Courtney, Dickson, McDonald, Strait, Zuber, Ambrisco. Nays: None. Absent: None. • tai CITY OF OWA C TY CMC CEN[ER 410 E. WASHINGTON ST IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I , Ramona Parrott, Deputy 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. 86-3302 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of November , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 12th day of November , 19 86 Dated at Iowa City, Iowa, this 3rd day of December 19 86 RAM A PARROTT DEPUTY CITY CLERK JU Soo - 330sti if 2J OFFICIAL NPUBLICAT�NOQ. OFFICIAL PUBLICATION AN 51.11larE SBCDS AE'r men�It.NEppmBa-IOW • T.A-10r' m sdmitting a Re4 —y plan, 1 OIG Y (pOH) nit 10 FIRM MN pNb RI. - the ewer/develops shah notify all PON 11A AOES AND 10 MKT MINIS- Massey carers within 600 fat of tie 1PATIt OF nen.RAS. p-oposal Owelopof the p�Moodpydrt, at shall ret with es 'Wy le WEISS, the OFOi are is establishsi is permit property the pq)saL The as zssltvelWaisrause ll fleebllttj in the tee at design of structures at to to submit Deprtrnt of Planing led N'9ibsttonawe ne catentiaat &velm nt at tWorm to U revelment a 1M of Inst beS. iota;at property pons,- derived tea the OE S.the Flaming 6]mire tmmission at the Assessor's Office, to who Mike res - City Ibrctl fird it a;prop-iabe to permit the use set. Doo entatkn of a matte with of 1rg ailing m Properties less than to ares these people shall be solmltted to the meeting pertain specifications. .(FUMED Planing ad]ming O nnisslai. t 34, 11EEFORE, EE IT (FUME TI ED E Cm CAIN- (3) A fee in soh abut as nay be established CIL 6 1811 em, IRA,TRNT: fian Lire to tire by Itsolution. rail I. alis eesi Sctlon M-47 of the,r�s,t (a prelimfnay 101 plan apprael. "al of a a-T ONirraxas is lieu V be deleting said settt�•.. p-el bray 1111 plat shall be by ordbefe in at Meting in lieu thereof the folladre:, R' arcrdsce wit tte iedtn set *Oh tr Sec40 dao Planed &Meerut Rasing Owlet Sec. 36-®, Aimednet of Ordinance. .Aprwal of tee =nag of the lad to al 0041 ane (a) Purpose. the Wal ore is established to shall crostttuae approval of the plan. A permit flexibility in tie use at design of preliminary 101 plan shall te valid #no Ince structures at lard to situations stere meet- Ura 24 ninths, nless specifically prattled banal de,elopnnt nay be 1reppromiata and otknde in the Intl approval Wince. Ips Printer's fee s < Were Imdlficattom of requirements of tie apiratiam of the 0104 ordinate, t e arts of Werlyirg zone will not te contrary to to lad to witch the RDI atinane +plied tall • CERTIFICATE OF PUBLICATION intent at prPose of to Zoning Choate, be crosdered by to City fr reznice seat- ing with the toren sine Flan end t9 N the paxehres ,et forth in Section STATE OF IOWA. Johnson County, ss: will not be harmful to the nelghtatood in 35-80, lb peltnirrary or final Ot01 plan ahla they amt. aprwed pier to the hate of adoption of these THE IOWA CITY PRESS-CITIZ'•EN (b) lrrtnt. he Intent of the RN regulations is regulations shall be sant to an o Wats n E i— date oder these provisions. (1) Provide flexibility in: architectural (c) Retort Ian of retort of t _fie prvlekrm. 104 design,placement art clustering of build- amp • logs, use of open space, panto of plan of the eternal develnpent,the mensb n circutatin facilities at pa-king, at shall roomed either appal or denial of I, related site at design mMderatlas; tie plan and shall neha a rotten resort of its (2) Fnmrae the p-eservatin at est use of firetres tottee City Cowell to sbsGRtaa en Carol Barr, being duly sworn, say that I ousting la-drape fat,-ea thnwgn ewel- its raedatlpre. lie iodine thin deal am the legal clerk of the IOWA CITY meet sensitive to the natural features with the folla'dlg: that tte variant 1n of the stranding neer; setbacks, lot wee reglireerts, betiding PRESS-CITIZEN, a newspaper (3) enterer efficient lad use with smaller heights, building types, sizes of buildbgs, published in said county, and that a neb,ora of utilities ad stets; and the cmbinatlan of lad uses will to is the (4) Fumrage at preserve opatuttia fa' public interest, in loony with to Moen notice, a printed copy of which is hereto anergy efficient development; of this chapter ad other ddldVt regulation attactyed, waspublished in saidof the City ad will rot adversely affect envi' paper (5) envirs n attractive is ad safe liwith reedy properties; ad oat the pakbe re- nment otfole __ time(s), on the followingBurr nllrg Atlresidentiali is waopment with irenelts of this daps otherwise proven Revide ng alternthe retied at W ung date.(S): - (6) hovkle an alternative nednOd for O to are are int tem reduced. Km ��y////s/y/,� / �. 76- redeveloplrg older residential areas at (� in aprovN "1"Nr�' Poi ISI. [' - `-�n7 �9 4 infill devde/elo }atrial pangs in a elo Rte Pula / (c) 17cebi1lt . Planned develegmnt hosing plan sun be shO te to a8(b). Pea- Owes in R ewes es follies: dare rt, forth in Srtiao 36-a5(b). A rial dace is ary_dmp in the toi a• '(t). For an udeveloped em of IS of be(2) ctwractr of the develprent from the a or acres a rae. uses Pun a the peltntnay 101 plan, many ,,ti-cdf (2) For development of n area of lad less an W dimensional choge peyat the rage specfied -,140.-14 tten two (2) acres in siva awarding to the provisions of this section,pare, Ey (e) Final M1 plan. Applications far aprwll of Legal Clerk renal of toperephy, existing natral to teal MI plan shall rest all of to re- feabres, street connotation, art n4rants of the preliminary DI plan adapt anti)retia, wrrputtg hwlcaet, the drurentatia specifications of theseri- Subscribed and sworn to before me age of existing development a- sonic vision ad late scale residential develMot meets, such d velarent is more eivcpl- reputation nee apl treble. A fee In spa ate at are efficient then cowetic al smut as may be established frau tine to tare this a4 //// dim ic s (see Sedan 36-a(h) for by %solutie shall be pet at the tirette 1[_, day Of NO ✓ A.D. epeclflc tatadi rotating to develop- final plan is abeltad to to City Clerk.. rents an less thin 2 acres). For an area of lard less than be (2) Ores Q/ 9r. 35-46. Same-Peallatlss. tie final F01 ply tall also include the 19 f/V, (a) Preliminary FON plan, 4eear the am of an following a-01-°4) '‘ r te awl and meting ttop , tiers of 5r, (1) funding elevastructures. ret flgor plans for `y/�J p 36-47(c), wishes to develop 1n rcadawith all its of rs, W previsions of this sotto, then shall ha (2) Details of merinos to be used for abe- sbnitted to the City Clerk six (6) apse's of a nal construction. Notary Public preliminary I01 plan at aiplicatia for pe- (3) A landscape $t *tiding create and Itminry approval. lIe preliminary ptl plan bufferirg laden the prsel ed exist- „... _ fr the tee at develcgnen of the a®of lad W Cevelopiet. "n`',. : SHARON STUBS'S skill list all requested variations from re- (f) Final 101 plan of shares. After preliminary)° .f; .• trman nus of tie pettaiar me in,hid to approval of the entire pfenei de.•elope,t is k;; y'. CX Cr-/S-� 7 tract of lad to laeted. Tile pettrmtwy igi given, a final ply of a secret er searedova plan nay shin a race of dtenion ad need within tie planned d velgeent w y be agreed - rot have the specificity of the final plan. if: The application sail be rcapnis by to (1) The plan of the sera wets all reaire' following: mats of a feel plan. (1) A location rep affixed to the plat (2) The daellint nit tensity within the (2) A peltnlney FOl plan of to popose1term doss let exceed the challis§ nit cpr dvelent drawn to scale of 1' - 1001, density elloteble for the least MS* shaving: the WE ft that ares order sisteg a. Contorts at five (5) Toot intervals Or o niag. less. (3) The smtaea co f rction es an tdeprdelt b.,ApaMste lotion of all proposed development unit with Negate maw, streets. rices,utilities,tear Mata k. c.'Proposed uses of ter.lad. (4) The developer dedicates all pelt tl. Buba' of deellmg-mmsas-wccosN fr rtyds-of-aay necessary to sept We to Oareddevelepelt.'I":- sbbrr®® e.Ano* guru ari60/4,,of the (5) to steel is neeaera thy bo (2). s a, buildings. siva. f. location ad area of RPM* Zees /evaaapbtee• m ends (either to be aid in"'"J""'.f'}riaanal deveigtrnts tall meet to follow- amen r pbiicly, and .!*tier to be ing Criteria: used fir active recreation proses r (1) oat tees. fmttatios of lad.urs - oily as an_eviro-ental aetity)• including single family, rulti-fanily at g. Skettes m indicate the general design comoacial tees are prmitted, ad vela- of building types ad the overall tins in bulldirg setback at lot sea character of the developnut, rentherWts as called for in this Dieter h. Legal description of tie planed devel- play be apprpel Ar planed demisters. omni, (2) yelling unit density. The overall dell- 4:14Q 84 - 336x. 1 OFFICIAL PUBLICATION - OFFICIAL Pl1BLICATION'--'—------ ' lag wit amity (baud toy total lad Ings, Irking or vehicular mswxri arm Atestat ridrt-assay►'m within arms, bit tIudbg stem nem- ) i the planed deeltpent) be co.pded en detention. basins, recreational ad to basis of that committal fa the least rest restrictive the ee,ddemegatirg Mirhe der- valid be Mp trim arms ad pavan yards, if mast uta tie eft Beetle twig des- (c)Diversions: There shall beaominlmm 51ftcatim(a)• , dimensional requlrene+ts except:for , (3) Dm Race. Maned developments shall . sethecs rewired by tie tldform mix into oweidaetim to realm pro- Outylrg[ode and at to Drmett of J vide aiei spate for recreational purses the development Were setbacks shall ad to enhance the general character of he,at a minium, those required for • the area. adjacent ptpeties. a, In the emit tie cpen space lad is to (d) Sittig and design: Kati-fatly be retained. unit private ane-ship, structureslocatedadjacentm mist- ' ! thedfelcper oat sprite1 Ing single-fanily dvellirgs must be binding mre.t strusettitg forth tie sited, latopmei ad screened by madams to be followed in maintain- ratral features ad plat materials in;tie elms at the nears fr financ- to lamoniaraly Integrate tie Fill with s ire maintenance casts. Omerally,sail the saran:Um neighrhood, i costs shall he shred by all was of (e) Commercial r institutional uses shall r PtR+'ty leeched within the placed ha: i develtpnmt,with meed costs ha0niig (1) limited be 111t of tie total floor a lin on individual properties. area'of the deretopnets b. All pwpost dedication of lad for (2) relates to the principal,mem- ' Mit use, mclud/rg tot to to deli- til use of the development;and cater, forrmeetloel use, shall be (3) e heated.M . the lig grand hd fust rot S alprmel in ,rhino M app sprite tat my text adjacyt pqa- deprbents of the city prim be ape All trove of tie lad dedicationlea s fa tie saes. (9) Diver coditions.food necessary to pro- shall =Awl to tie reteirerents of tat ad pomm•tie best interests of the city Minna. unloading paptty a the retgttaicoi (4) Mrfiip. At tie tire of awn-teal of a nay be required. These condition'may final FDI plea, to dve area mat stilt Include but are not.limited to, the fol. athlete of aaaship of the peaty to 1Mrg: ' be developed r ver endure of Tally (L) immure t of traffic circulation for biding arauai tenon agreements for vehicles aed pedestrians in tea pro - j prWsdp all of the popety. ' .Posed avelcorent at adjoining ppm (5) Bdicatim of pblic right-of-may.. All e-ties ani streets, • i powsed dedication of lad or public: (2)Specific ladscapinretirementsmr � sapviifiprts recreationalumhllbe aFprwed in ei1omnppgaties. 'citing by atneria ditrh,eits of tie (3) ,Joint use of private ape, spate or ' City prier to menet of tie plat by to verities by adjoining property.an- foaission. All lid dedication for �•- pMlic use shall wahine to tie require- (I) Final tan aQr ' " • Final real of any mats neof city pdinm®s. COI pun shall be by administrative review. 1 (6) Streets. Plans developments shall rake Alcrwal shall be based an capitate with an ' provision for cadiuetim ed Swaim emceed proliminary.Fol phi aid enymidi rice- a streets m shall be dere in acootlmoe tions readied by tie mrissim ad cwrll at 1 with orient city strdads. the tie the lad vas zoned be 019-N. After t (7) Schedule of wpletim. A developer or wuvel of the final ply, remits ma be (kite- woman of a paired develcpont ball arid be carryout tie approves ply. (kite- , required to Melt a signed statecraft rid &ages to err approved FEN ice mat be genrally.descrking tie proposed develop- epprwal by ordinase in axrtlase with be inert ad letting firth m fitaded the prxedres set forth in Sa..t-48(b). Aiaid- s&edule 1tr the crpletlon of various nett of Ordinance. Naterlal charges are tae Pees. see as those specified In Section 36-48(d). • (h) AAlltioal rewire eats fa-ami as areas of (i) BOtlding permits. lie final plan, or ;artsfad less that b [2)ares. tlumf es finally approved, shall be filed in FDI plus shah amply with the folklorist. the 1uildiq official's office ad building remirenats: permits my be issued sly fr structures. (1) Prior to sboitttiq a pelmiery ply, mmPonnig m the FDI plan. Minor charges in tie Dart/develop' shall notify all build irg arrangements that M rot sbstaklaily ' peaty wens within 630 feet of the alter the character of thedevelgpeit are proposed deeiprag, of tie-proposed allowable without.further Daucil actin. Pay project, at shall est with es any other demes including doges in street Marty ares as possible to discuss tie Iteatian, let use at building araryerens, aWect. the ant/developer shall saint shall be casidavl as stall dxngesto tie to tie eeperhmt of Planning and Program alprwel plea,.to be awouw as amendments In Develment derived from tieAss alist of property 0Danns Asaadce with tie pacalues set form in Section ffi-4(b). • Men notice sus sent. D u7ntatlop of a In tie event commercial vies are monied as riveting with these Mule shall be sutilt a Pa''t of a planned develtinet, no building led to tie Planing ad Zoning Canis- wont or a Canada use Well to Issued stn, note a minim of 2R of tie lousing units • (2) ser'al stmdedsa planned for the.area (or escrowed subarea) have.. (a) The amity e d design of tie FDI ben completed or ideas 25X' of thehousing shall be cortetfle in is sizeani wits planed for tie area (r a{promel type of strum, relative vat of three) will be built siultmmusly, (Sega- open spew, traffic circulation ani ram building permits shall be tbtained by tie e rel leyc t as adjoining mad tars developers for the ansbucten of Musing at ate iad intotepattie reipbr- be l l teas Were sepraa b,ildags are to (b) lie Molter shall rot watudel sn. 384)"36.52. ward. aisttrg streets ad utilities. WIEN II. laWAFR: .All ordinates ad pets of (c) The dvempmnt well not advrsely ordinates in conflict with tie preeisim of this affect views,light ad air, tappet ordinate are ie' y'r pealed; valines and p•ivxy of neigMrig rill III. .SEVERSBILIIY: If my,section,provi- pettepch td that of a emyen r- spem t the Ptinaa.shall le adjudged to tient apart. be invalid or Ircystitutional, such adjudication (3) STaift Madrid': shell rot effect tie validity of tie pdinence as a (a) Indcortege: eatinnr'lad cw'age Mole or eny section,provision or part thereof not fo' all builiigs in tie development at Mei iwelid r menstttutimal. shall not eacfe 36%of to total lad rill IV. EFFECTIVE DATE: This pointe shall area mints street right-ofwey area. Le is effect after is final passage, ap rwal and (b) tom Rate: At least=0 the total ptlkation as mitred by lac lad area minus street. rigid-Of-my Passed at alpmeel this 4th day of Nov., eta shall be opts space. At least 1986. FITC of the required opts space shall to suitably 'reeved for its rotated _ ,1 prrose. lie real:ag St of re- wired,den space may be left tele- r Oa proved particularly if natural ATTEST: �Jy �w` 'fl`�ti1 features earthy of preservation twist Alkes; CLEAA m tie pen site. (OSP=rears lad tea of to site let mitred by bald- 15949 November 12,1986 )f,1 4 F ORDINANCE NO. 86-3303 ORDIR CE TO ItEN) TIE ZONING ORDINANCE TO CLARIFY TIE CEFINITION OF ROOMING WIT. WHEREAS, it is necessary to accurately define certain terms and words used in the Zoning Ordinance to provide a clear meaning and alleviate ambiguity; and WIERFAS, the present definition of rooming mit needs to be revised to clarify that eating and cooking facilities are not permitted within a wit; and W-ERFAS, the revised definition corrects the ambiguity and, in addition, makes it consistent with that of Chapter 17, Fbusing, of the Code of Ordi- nances concerning roaring units. NOW, 11-EREFORE, RE IT RESOLVED BY TIE CITY COW- CIL CF IOWA CITY, THAT: SECTION I. AMENDMENTS. 1. Section 36-4(r)(9) of the Code of Ordinances is hereby anerded by deleting said section and inserting in lieu thereof the following new section: (9) Ronne-. An occupant of a rooming house or raining unit who is not a merbee of the family occupying the dwelling wit. 2. Sectio 36-4(r)(11) of the Code of Ordinances is hereby wended by deleting said section and inserting in lieu thereof the following new section. (11) Roaring Wit. My habitable roan a- group of adjoining habitable roans located within a dwelling and forming a single unit with facilities which are used, cr intended to be used, for living and sleep- ing, but not far cooking. A roaring mit shall have bath and toilet facilities available for the exclusive use of the occupants(s) or for animal use and, in addition, the occupants nay have access to a cannel kitchen and/or dining roan. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provi- sion or part of this ordinance shall be adjudged to be invalid o rnconstitutional , such adjudication shall not affect the validity of the ordinance as a Whole a' any section, provision or part thereof not adjudged invalid a- unconstitutional. IoL Ordinance W. 86-3303 Page 2 SECTION IV. EFFECTIVE DATE: This ordinance shall be in effect after its final passage, approval and publication as required by law. Passat and approval this 18th day of November 198 . ATTEST: ?ozeax) X. - a..4l cm CLERK Ataatimei 9y "r Legal Denidonits 1b2. It was moved by Strait , and seconded by Courtney that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY _ X DICKSON X MCDONALD X STRAIT X ZUBER First consideration 10/21/86 Vote for passage: Ayes: Courtney, Dickson, McDonald, Zuber, Ambrisco, Baker. Nayes: None. Absent: Strait. Second consideration 11/4/86 Vote for passage Ayes: Zuber, Ambrisco, Baker, Courtney, Dickson, McDonald, Strait. Nays: None. Absent: None. Date published 11/26/86 • 1oZ CITY OF IOWA C TY CMC CENTER 410 E. WASHINGTON ST IOWA CIN, IOWA 52240 (319) 356-5000 STATE OF IOWA ) } ) SS JOHNSON COUNTY ) I , Ramona Parrott, Deputy 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. 86-3303 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 18th day of November , 1986 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 26th day of November , 1986 Dated at Iowa City, Iowa, this 3rd day of December 19 86 RAMO'A PARROTT DEPU Y CERK OFFICIAL PUBLICATION OUNCE t0. 6h-Sint O DINA CE TU ;KM TIE 2CNITG CRDMIA(E TO CLARIFY Printer's fee S✓ !,c 1Ff CEFINITION CF ROTC WIT. WHEREAS, it Is necessary to accurately defire CERTIFICATE OF PUBLICATION certain ternsand cards used in the Zoning Cedinence to provide a clear meaning and alleviate ambiguity; STATE OF IOR'A. Johnson County. ss: and 14-EEAS, the present definition of raonirg wit THE IOWA CITY PRESS-CITIZEN needs to to revisal to clarify that eetirg and cooking facilities are not permitted within a frit; and EREAS, the revised definition ccn`ects the ambiguity and, in addition,makes it consistent with that of Chapter 17, tbusirg, of the Code of Ordi- • Inamts. PUW,ciERffcg, CF n�S VD BY 1W cut cON- Carol Barr, being duly sworn, say that I CIL CF mrd cm, NAT: am the legal clerk of the IOWA CITY SECTION i. A'faO TS. • PRESS-CITIZEN. a news a e r t. Section 36-4(r)(9) of the Code of Otiin es is P p hereby anedei by deletirg said section arcs published in said county. and that a • inserting in lieu thereof the followirg rpw notice, a printed copy of which is hereto (9) korner.ana-. An occupant of a rtbmirlg muse or attac ed, was published in said paper reaming wit vto is not a neuter of the family ocupyirg the duelling unit. time(s), on the following • 2. Section 36-4(r)(11) of the Cade of Ordinances is date(s): hereby wended by deletirg said section and insertifg in lieu thereof the follgvdrg new section. (11) ;boning chit. Any habitable roan or gap of aljoinirg habitable room located within a drellirg ad forming a single wit with facilities which are used, or d [ intended to be used, for living ad sleep- irg, tut fir cooking. A �� �7/C rg wit shall have{ facilitieseLath and toilet available for the exclusive use of the • Legal Clerk occf{ants(s) or for crnmnal we and, in addition,the actpants nay have access to a ccom al kid ad/cr dining rood. • Subscribed and sworn to before me SECTIO✓ 11. REPEALER: All ordinances and parts of ordinances in conflict with the praisicn pf this ordinance are hereby revealed. thisgl}/da of SZ i/ A.D. SECTiCN 111. SEVERABILITY: If any section,provi- 3 situ or part of this ordinance shall he adjudged to be invalid or tnconstituticna1, such adjudication shall rot affect the validity of the ordingrpe as a 926 Whole or any section, provision a prt th t/eof not adjudged irva_l un id or constitutional• SECTION IV. EFFECTIVE PATE: This ordi shall be in effect after its final publication asmss ' " -.1 arra Notary Public Passed and revival by law. approved this 18th day of .'• ,tuber 19.9(). �•''a: SHARON STtUBB9 • / 1 57- 16.--g7 P k..i-,J i'7;' a,J =�,�-------� ATTEST: cm CUR • 10November 26, Mt • ti y . -1 t it • y . • .-::-... ) . • t� • . ) f t E z-Y • 'fit • . ORDINANCE NO. 86-3304 AN ORDINANCE VACATING THE MID-BLOCK ALLEY EXTENDING BETWFFN SOUTH GILBERT COURT AND SOUTH VAN BUREN SIF1 IN BLOCK 3, LYON'S FIRST ADDITION. WHEREAS, Iowa Code (1985) Section 409.25(2) authorizes city councils to vacate streets, alleys, and other public lands which were dedicated by plat for at least ten years, but which are not open to vehicular traffic or used for utility equipment; and WHEREAS, upon recording of the vacation ordinance the land is deemed to have been conveyed to proprie- tors of adjoining land; and WHEREAS, the City Council finds that the alley extending east and west between Lots 1-4 and Lot 5 in Block 3, Lyon's First Addition to Iowa City, was dedicated by plat more than ten years ago, and is neither open to vehicular traffic nor used for utility equipment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF IOWA CITY, IOWA, THAT: SECTION I. VACATION. Pursuant to authority con- tained in Iowa Code section 409.25, the 20-foot wide alley extending east and west between Lots 1-4 and Lot 5 in Block 3, Lyon's First Addition to Iowa City, Johnson County, Iowa, is hereby vacated. SECTION II. OWNERSHIP. The southerly ten (10) feet- of said alley right-of-way shall be deemed to have been conveyed to the proprietor of Lot 5, Block 3, Lyon's First Addition, and the personal representa- tives, successors and assigns of said proprietor; and one-fourth of the northerly ten (10) feet of said alley shall be deemed to have been conveyed to the proprietors of each of Lots 1, 2, 3, and 4 of said Block 3, Lyon's First Addition, and to the personal representatives, successors and assigns of said proprietors. 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, provi- sion or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of this 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 16th day of Dec- e er 1986. 1' - ATtEST: `jrReceived & Approved CI ' ��'' By The Legal D.partmett lD3 It was moved by McDonald , and seconded by Strait , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO _IL.._ BAKER _I__ COURTNEY _I_ DICKSON XMCDONALD X STRAIT X ZUBER First consideration 11/4/86 Vote for passage: Ayes: Baker, Courtney, Dickson, McDonald, Strait, Zuber, Ambrisco. Nays: None. Absent: None. Second consideration 11/18/86 Vote for passage: Ayes: Baker, Courtney, Strait, Zuber, Ambrisco. Nays: None. Absent: Dickson, McDonald. Date published 12/24/86 /C3 CITY OF IOWA CITY CIVIC CEN[ER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3304 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of December , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 24th day of December , 1986 Dated at Iowa City, Iowa, this 29th day of December ,1986 am na Parrott, Deputy City Clerk • OFFICIAL PUBLICATION ORDINANCE I . 8b „01 q / AN twoeOCE VACATING Tlf HID-OLEO(ALLEY EXTFTDiIC Printer's fee E /'!O>' KAM SDI711 GILBERT COURT a.�H VAN 'I SittT IN 81117(3,LYON'S FIRST AWITION. CERTIFICATE OF PUBLICATION S, tea Code (1985) Sectio, 409.25(2) authorizes city mncils to vacate streets, alleys, STATE OF IOWA, Johnson County, ss: and other at least publiclban),h f c5e dedicated coon Ito THE IOWA CITY PRESS-CITIZEN vehicular traffic or used for utility egiipent;and WHEREAS,upon recording of the vacation ordinance the land is deemed to have been conveyed to proprie- tors of adjoining lard;ad • W#REAS, the City Council firds that the alley extending east and west between Lots 1-4 and Lot 5 I in Block 3, Lyon's First Addition to lade City,was Carol Barr, being duly sworn, say that I dedicated c n to vnicu� traften ficrsnor�for am the legal clerk of the IOWA CITY utility enuHEIR pnent, EE IT ORDAINED BY TIE CITY 03u1- PRESS-CITIZEN, a newspaper CIL OFI011M1CITY, IOWA,MAT: published in said county, and that a con- tained in Tot Coddee�section 409.25 to "m f�wide notice, a printed copy of which is hereto alley east add s tLots to� , L� rstitioi ols attach.,ed, was published in said paper city,Johnson Canty, Iowa, is hereby vacated. time(s), on the following SECTION 11. MAMMA. The sadher'ly ten (10) feet date(s): have teens cccnveealley to�proprietor lbe dewedof LotBlot ��� Lyon's First Addition, and the personal representa- iiJw - J7 - 7 Q !D tides, fouraid assigns orthe cd said proprietor;feof and one-fourth, success of the northerly ten (10) feet of said alley shall be deem' to have been conveyed to the proprietors of each of Lots 1, 2, 3, and 4 of said Block r3,e Lyatl First Addition, and to the personal -letesertatives, suaessas ad assigns of said proprietors. SECTION ill. REPEALER: All ordinances and ptrts of ordinances in conflict with the provisions of this Legal Clerk ordinance are hereby repealed. SECT1a1 iV. SEVERABILITY: If any sectionorovi- Subscribed and sworn to before me Sion or part of this ortlinaicunconstitutional, shall be djudic t to be invalid or unmrrstitutiorul, suds adjudication shall not affect the validity of this ordinwita as a whole or any section,provision or part blrlof not �/ adjudged invalid or unconstitutional. as this `7_day of _w�.Q .D. SECTION V. EFFECTIVE DATE: This ordinance shall be in affect after its final passage, approdal and 19J4 publication as required by lag. Pissed and approved this 16th day of,peeern- ber,. 1986. /6"0:11.1;,:2(2,,,,i,414.er Notary Public ATTEST: _____P • ! TRIOS . 16577 December 24,1986 _ J' r • ` - I ORDINANCE NO. 86-3305 ORDINANCE TO AMEND THE OFF-STREET PARKING REQUIRE- MENTS OF THE ZONING ORDINANCE TO CLARIFY THE NUMBER OF REQUIRED PARKING OR STACKING SPACES FOR USE CONVERSIONS. WHEREAS, the Off-Street Parking Requirements are intended to minimize congestion and parking on the street and adjacent properties; and WHEREAS, the Off-Street Parking Requirements established minimum number of parking and stacking spaces to be provided prior to occupation of the building or commencement of the principal use; and WHEREAS, the Off-Street Parking Requirements permit the conversion of a use without full compli- ance with the required number of parking or stacking spaces under certain conditions; and WHEREAS, said conditions need to be amended to clarify the number of additional spaces provided upon a use conversion; and WHEREAS, the City of Iowa City find the Ordi- nance amendment to accurately clarify the intent of this provisions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY: SECTION I. AMENDMENTS. That Section 36-58(b)(4) of the Code of Ordinances shall be amended deleting said Section and inserting in lieu thereof the following: (4) A use existing prior to the effective date of this Chapter, for which the current required number of parking or stacking spaces is not provided, may be converted to another use without full compliance with the required number of parking or stacking spaces, provided that: a. If Section 36-58(a) would require a greater number of parking or stacking spaces for the converted use than were required for the established use, the increased number of parking or stacking spaces shall be pro- vided in compliance with Section 36-58(c). b. In addition to the number of spaces re- quired under subparagraph a, or if subpara- graph a is not applicable, as many additional spaces shall be provided as the lot will accommodate. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. Ordinance No. 86-3305 Page 2 SECTION III. 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. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 16th day of Dec- ember, 1986. ATTEST: k- YCL 7 2 Recetved 8Y The Legal De proud 104 It was moved by Dickson , and seconded by Strait , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER First consideration 11/4/86 Vote for passage: Ayes: Courtney, Dickson, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. Absent: None. Second consideration 11/18/86 Vote for passage : Ayes: Courtney, Striat, Zuber, Ambrisco, Baker. Nays: None. Absent: Dickson, McDonald. Date published 12/24/86 /o4/ CITY _ OF IOWA CITY CIVIC CEN(ER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3305 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of December , 1986 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 24th day of December , 19 86 • Dated at Iowa City, Iowa, this 29th day of December ,1986 • (—&(-4019f• m na Parrott, Deputy City Clerk IAL PUBLICATION P . 86-3305 ORD AIM TRE OFF-shelf PARKING, ifQ11IfE- NENT$ 1Nf ZONING ORDINANCE 111 CLARIFY Tlf NLPEER �� CF REQUIRED PAWING W STALKING; SPACES FCR USE Printer's fee C(1NVERSIONS. MfREAS, the Off-Street Parking Requirements are intended m mi^ congestionand °skirq °n 'eCERTIFICATE OF PUBLICATION adjacent properties; and ss: I& AS, the Off-Street Parking Requirements - STATE OF IOWA, Johnson County, established minimus niter of parking and stacking spaces to te provide; prier to oxupation of the THE IOWA CITY PRESS CITIZEN building or conrencerent of the principal use;and HE AS, the Off-Street Parking Requirements permit the conversion of a use without full cor li- ante with the require,nom-of perking or stacking spaces under certain conditions;and I WEREAS, saki conditions need to to amended to cla(!1fy the rant r of additional spaces provide, Carol Barr, being duly sworn, say that I tvgpa use conee-sion; ed am the legal clerk of the IOWA CITY IRMAS the City of !cue City find the Ordi- g nate anmdnent to accurately clarify the intent of PRESS-CITIZEN, a newspaper this provisions. published in said county, and that a ma cm: n RESOL�0BY CITY of notice, a printed copy of which is hereto s<Cfl I I. *Room. That 5ectlo 36-58(b)(4) of the rode of Ordinances shall he amended deleting- attach d, was published in said paper said Section and insertirg in lieu thereof the __ time(s), on the following (4)leiirtrg: _ (4) A use existing prior to the effective date of date(s): this Chapter, Gtr which the current rewired j Rube of perking o- stacking spaces is not pro,idEd be converted to wattle- use e4: �.eiro// . 1//7O CO wilt •��ycompliance with the mired fluter of pricing or stacking spaces, p Oridead that: a. if Section 36-58(a)would requireter ;weber of parking o• stacking for the converted use than were required for �,rt'-6 .4., ' the established use, the increased neuter of parking or stacking spaces shall be pro- vided Legal Clerk b. ii addition to theanceme 36-911(thSec icn Legal spaces cre- quired wader subparagraph a,u- if seppara- Subscribed and sworn to before me grapha is not applicable, as nary additional spaces shall be provided es the lot will accomodate. /� SCICN II. REPEALER: All ordinances and parts of this 2 day of --, A.D. occulter in conflict with the prwtsien of this inannce are hereby repealed. i(� ON 111. sfWRABILITY: If any section, provi- 19`� tG/, S ion or Hance shall be ad judged to he invalid cr ',constitutional, such adjudication (�y`yj�J 1 stall not affect the validity of the Ordinance as a .. ..1,00)..4.. ..1,00)..4 ,Li7 wholeor any section, provision is1r rt thereof not uepr Notary Public SECTION TY. EFFECTIVE DATE: This Ordinance shall a': 1 s -1 passage, approval and e,.se.� — tubi ton as requirgi by law. ai jd{aRG(wiE"iMOS and attrnved this 16th day of Decem- o /°�CY -F7 I986- A ' 2, -. 16524 December 24. 1986 • • ` L • • • • • 4.11111111•V•s 4..b.,..-4,4)1u411:_. • •o ) � CRDINAM2E N0. 86-3306 AN ORDINANCE AMENDING SECTION 23-189 CF Tlf MLNICIPAL CODE CF IOWA CITY TO CFWFICE SPEED LIMITS ON PARTS CF GILBERT STREET AND DLNUQLE STREET. BE IT ORDAINED BY THE CITY COLNCIL OF IOWA CITY, IOWA: SECTION I. RJRPOSE. The purpose of this ordinance is to amend Section 23-189 of the municipal code of Iowa City to reflect changes in the speed limit of Gilbert Street and Dubuque Street as determined by the engineering studies conducted by the Traffic Engineering Division. SECTION II. AMENDMENT. Section 23-189 is hereby repealed and the following new Section 23-189 is adopted in lieu thereof: Sec. 23-189. Exceptions to speed limits. Leon the basis of an engineering and traffic investigation, the following maximum sped limits are hereby determined and declared reasonable on the following streets or portions of streets, whet signs are erected giving notice thereof. Max. Speed Limit Nano of Street (MPH) Were Limit Applies Benton Street 35 Fran the intersection of Keswick Drive to the intersec- tion of Mormon Trek. Dubuque Street 35 Fran a point just north of the intersection with Kimball Road north to the city limits. First Avenue 2.5 From the intersection of Bradford Drive south to the intersection of U.S. Highway 6. Gilbert Street 30 Fran the intersection of Burling tcn to a point one thousand eight hundred (1,800) feet south of the intersection of Highway 6. Gilbert Street 35 Fran a point one thousand eight hundred (1,800) feet south of the intersection with Highway 6 south to the city limits. l 40 Ordinance No. 86-3306 Page 2 Iowa Highway 1 55 From the city limits east to a point eight hundred (800) feet west of the intersection of Miller Avenue. Ioa Highway 1 45 Fran a point eight hundred (800) feet west of the inter- section of Miller Avenue to a point five hundred (500) feet east of Hudson Avenue. Iowa Highway 1 30 Fran a point five hundred (500) feet east of Hudson Avenue to the intersection of U.S. Highway 6, 218 and Highway 1. Iowa Highway 1 25 Fran its intersection with (Burlington St.) Highways 218 and 6 to a point 150 feet east of Van Buren St. Iowa Highway 1 45 Fran the intersection of N. Ddouque Road to a point six hundred (600) feet south of the city l irnits. Iowa Highway 1 55 Fran a point six hundred (600) feet south of the city limits to the city limits. Melrose Avenue 35 Fran the intersection with Emerald Street west to the west city limits. Norman Trek 35 Fran the intersection of Melrose Avenue to the city limits. Muscatine Avenue 35 Fran a point one hundred (100) feet east of the intersection with Juniper Drive to the city limits. Park Road 25 Fran the intersection with Rocky Shore Drive east to the intersection with North Dubuque Street. Rochester Avenue 35 Fran the intersection with First Avenue east to the city limits. /0( ' Ordinance No. 86-3306 Page 3 Rohret ( ad 35 Fran the intersection with Mormon Trek Boulevard west to the City limits. Scott Boulevard 35 Fran the intersection with Court Street south to U.S. Highway #6. Sycamore Street 30 Fran the intersection with U.S. Highway 6 south to Gleason Avenue. Sycamore Street 30 Fran the intersection with Burns Avenue south to the city limits. U.S. Highway 6 55 Fran the city limits to a point one hundred (100) feet east of Industrial Park Road. U.S. Highway 6 45 Fran a point one hundred (100) feet east of Industrial Park Road to a point seven hundred (700) feet east of the intersections of U.S. Highway 6, U.S. Highway 218 and Iowa Highway 1. U.S. Highway 6 30 Fran a point seven hundred (700) feet east of the intersection of U.S. Highways 6, 218 and Iowa Highway 1 west and north to a point one thousand one hundred fifty (1,150) feet west of the intersection with Riverside Drive. U.S. Highway 6 35 From a point one thousand one hundred fifty (1,150) feet west of the intersection with Riverside Drive, west to the city limits. U.S. Highway 218 50 Fran the south city limits to a point one thousand six hundred (1,600) feet north of the south city limits. 'CIA Ordinance No. 86-3306 Page 4 U.S. Highway 218 45 From a point one thousand six hundred (1,600) feet north of the south city limits to a point eight hundred (800) feet south of the intersection with U.S. Highway 6 and Iowa Highway 1. U.S. Highway 218 30 From a point eight hundred (800) feet south of the intersection with U.S. High. y 6 and Iowa Highway 1 north to the intersection with U.S. Highway 6 and Iowa Highway 1. 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 val idity 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 16th day of Decem- ber, 1986. fYl' _ ATTEST: C CLERK Received & Approve:-.> Ey The 1.:3- 7,11; Deparment lot. It was moved by McDonald , and seconded by Zuber that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT ZUBER First consideration 11/18/86 Vote for passage: Ayes: Ambrisco, Baker, Courtney, Strait, Zuber. Nays: None. Absent: McDonald, Dickson. Second consideration Vote for passage Date published 12/24/86 Moved by McDonald, seconded by Zuber, 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 passes be suspended, the second consider- ation be waived and the ordinance be voted upon for final passage at this time. Ayes: Zuber, Ambrisco, Baker, Courtney, Dickson, McDonald, Strait. Nays: None. Absent: None. /04, CITY OF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CI1Y, IOWA 52240 (319) 356-5000 STATE OF IOWA ) ) ) SS ) JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3306 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of December , 19 86 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 24th day of December , 19 86 Dated at Iowa City, Iowa, this 29th day of December ,1986 . (-4- amo a Parrott, Deputy City Clerk /gaz OFFICIAL PUBLICATION OFFICIAL PUBLICATION •' east of Hudson Avenue. OimD I E IC. 86-3rt, Ione Highway 1 30 Fron a point five hurtred AN ORDIN)ILE AiET�ING SECTICH 23-iR9 CF T1E (u) toot ant of of Avewe to the intersection of Printer's fee$�/�/ IiCInAL COQ Cr1dp CITY TO OWE SPED LiMITS U.S. Highboy 6, Z18 aid CN PARTS CF GTliE72T STREET ANU IXBUOIE STREET. Milnes 1. - CERTIFICATE OF PUBLICATION FE TT CRAM BY T>E Cm COWCIL OF I01N Cm, loan Higisey 1 25 Fran its intersection with (Belirgton St.) H,ghreys 218 and 6 to a point SECTION I. FIPPOSE. The prpose of this ordinance 150 feet east of Yin Ekren STATE OF IOWA, Johnson County, ss: is 2b waned Section 23-183 of the municipal code of St. THE IOWA CITY PRESS-CITIZEN lam City to reflect changes in the speed limit of Gilbert Street and Ctbmie Street as determined by Iae Highway 1 45 Fran the intersection of N. ' the egineerirg studies conducted by the Traffic oubu gone Riad to a point six Ergine-irg Division. hundred (600) feet south of 4cCTICN 11. AhlaChENf. Section 23-189 is hereby the city units. repealed and the follarlrg new Section 23-189 is L adapted in lieu thereof: IOW Hughey 1 55 Fran a point six hundred(600) Sac.23-189. Exceptions to Speed limits. feet south of the city lintts Carol Barr. being duly sworn. say that I Ilion the basis of an eginee-ing and traffic to the city bouts. tnvestigatiau. the following maim speed linits am the legal clerk of the IOWA CITY are hereby determined and declared reasonedle on the Melrose Rewe 35 Fran the intersection with PRESS-CITIZEN, a newspaper following streets or portion of streets,whey signs Emerald Street ,est to the are erected giving notice thereof. %est city knits. published in said county, and that a Max. notice, a printed copy of which is hereto Speed hbnnon Trek 35 Fran the intersect ion of knit Melrose Avenue to the city attacd, was published in said paper term of Street Iwi Here Limit lies P P l . ( ) !gyp knits. time(s), on the following Belton Street .35 Fran tie ince-sectio" of Keswick Dive to the intersec- lArscatine Avenue 35 Fran a point are hudred (ICI) date(s): flan of Memo,Trek. feet east of the intersection Memth e Street 35 Fran a point just north of 1ldmitsoniper Drive to the city 4-efr27 >// ) the intersection with Kirbalt / Red north to the city Park Road 25 From the intersection with limits. Rocky Share Drive east to the intersection with North First Avenue 25 Fran the intersection of artxque Street. 9-adford Drive south to the d://f----(4 ./ ....-1,-/ intersection of U.S. HighboyRochesterAvenue 35 Fran the intersection with 'r 6. First Avenue east to the city Legal Clerkknits. Gilrjrrt Street 30 Fran the intersection of w R grlirgton to a mint one ea 35 Fran the intersection with thousand eight hundred (1.E0) MMortonI &Boulevard +estto Subscribed and sworn to before me fret south of the inter-section the City knits• L of Hughey 6. Scott Boulevard 35.From the intersection with Court Street south to U.S. this _ day of Gilbet Street 35 Fran a point ore thousand.D. eight h aired (1.430) met Rugines e6. south of the intersection with Sycamore Street 30 Fran tie intersection with 19 >(JHighey 6 south to the city U.S. Hiryrny 6 south to �_,/--7l edits. Gleason Avenue. //i1 ( �/11..f /j i1/./ ' r-,C4-' lore Highey I 55 Fran the city knits east to a Sycamore Street 30 Fran the intersection with point eight hudred (WA) feet arms Avenue south to the city NOtar Public rest of the intersection of limits. y Miller Avenue. .P"'s IOre Hi 1 45 Fran a paint a � U.S. Highboy 6 55 FranF the city limits to a °' r LARG+:w.:TRi,� 9 y pour, ore hundrmd (100) feet T ft. (800) feet lest of the inter east of industrkl Park Red. /.1-a.? /- :e20 Settlor of Miller Avenue to a (f I!• point five h,rcfr,d (AO) feet U.S. Highvey 6 45 Fran a point ore hudrel (100) ^'•_ • • • sti • • cr V _ — 440X v aOlkii.}74166;„ ':105441i. • vy 447‘- 33e ; OFFICIAL PUBLICATION feet east of Industrial Perk Road to a mint sever hundred (700) feet east of the inta-sectims of U.S. Highway 6, U.S. Highway 218 and Iowa Highway 1. 1110 U.S. liighwey 6 30 Fran a point seam hvdred (700) feet east of the intersection of U.S. Highways 6, 218 and Icwe Highway 1 west and north to a point ore thousand one hurdred fifty (1,150) feet west of the intersection with Riverside Dr ive. U.S. Richey 6 35 Fran a point ore thousand ore hundred fifty (1,150) feet west of the intersection with Riverside Drive, west to the city knits. U.S. Highway 218 50 Fran the south city knits to a point ore thousand six hudred (1,600) feet north of the south city limits. U.S. Higfwey 218 45 Fran a point me thousand six hundred (1,600) feet north of the south city knits to a point eight hurdrei (n) feet south of the intersection with U.S. Highway 6 arc] lea Highrey 1. U.S. Highway 218 30 Fran a point eight hundred (800) feet south of the inte•sectim with U.S. HtcJnay 6 and Icwe Highway 1 north to the intersection with U.S. Highway 6 and Ione Hig ey 1. SECTION III. REPEALER. All ordinances and parts of ondinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision cr part of the Ordinance shall be adjudged to be invalid or urcrostitutional,such adjudication shall rot affect the validity of the Ordinance as a whole cr any section,provision cr part thereof rot adjudged invalid or u+constitutimal. SECTION V. EFFECTIVE DATE. This Ordinance shall be in eft-mt. after its final passage, approval and publication as required by law. Passed and approved this 16th day of Decem- ber, 1986. ATTEST: �Yh 16525 jf December 24, 1981. Dc-d. , Aarcc ORDINANCE NO. 86-3307 AN ORDINANCE AMENDING SECTION 23-189 OF THE MUNICI- PAL CODE OF IOWA CITY TO CHANGE SPEED LIMITS ON PARTS OF U.S. HIGHWAY 6 BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to amend Section 23-189 of the municipal code of Iowa City to reflect changes in the speed limit of U.S. Highway 6 as determined by the engineering studies conducted by the Iowa Department of Trans- portation. SECTION II. AMENDMENT. Section 23-189 is hereby repealed and the following new Section 23-189 is adopted in lieu thereof: Sec. 23-189. Exceptions to speed limits. Upon the basis of an engineering and traffic investigation, the following maximum speed limits are hereby determined and declared reasonable on the following streets or portions of streets, when signs are erected giving notice thereof. Max. Speed Limit Name of Street (MPH) Where Limit Applies Benton Street ,i6 Fran the intersection of Keswick Drive to the intersec- tion of Mormon Trek. Dubuque Street 35 Fran a point just north of the intersection with Kirrball Road north to the city limits. First Avenue 25 From the intersection of Bradford Drive south to the intersection of U.S. Highway 6. Gilbert Street 30 Fran the intersection of Burlington to a point one thousand eight hundred (1,800) feet south of the intersection of Highway 6. Gilbert Street 35 Fran a point one thousand eight hundred (1,800) feet south of the intersection with Highway 6 south to the city limits. Ordinance No. 86-3307 Page 2 Iowa Highway 1 55 Fran the city limits east to a point eight hundred (800) feet west of the intersection of Miller Avenue. Iowa Highway 1 45 Fran a point eight hundred (800) feet west of the inter- section of Miller Avenue to a point five hundred (500) feet east of Hudson Avenue. Iowa Highway 1 30 Fran a point five hundred (500) feet east of Hudson Avenue to the intersection of U.S. Highway 6, 218 and Highway 1. Iowa Highway 1 25 Fran its intersection with (Burlington St.) Highways 218 and 6 to a point 150 feet east of Van Buren St. Iowa Highway 1 45 Fran the intersection of N. Dubuque Reed to a point six hundred (600) feet south of the city limits. Iowa Highway 1 55 Fran a point six hundred (600) feet south of the city limits to the city limits. Melrose Avenue 35 Fran the intersection with Enerald Street west to the west city limits. Mormon Trek 35 From the intersection of Melrose Avenue to the city limits. Muscatine Avenue 35 From a point one hundred (100) feet east of the intersection with Juniper Drive to the city limits. Park Road 25 From the intersection with Rocky Shore Drive east to the intersection with Ncrth Dubuque Street. Rochester Avenue 35 Fran the intersection with First Avenue east to the city limits. 1°c' Ordinance No. 86-3307 Page 3 Rohret Road 35 From the intersection with Mormon Trek Boulevard west to the City limits. Scott Boulevard 35 From the intersection with Court Street south to U.S. Highway #6. Sycamore Street 30 From the intersection with U.S. Highway 6 south to Gleason Avenue. Sycamore Street 30 From the intersection with Burns Avenue south to the city limits. U.S. Highway 6 55 From the city limits to a point five hundred (500) feet west of Heinz Road. U.S. Highway 6 45 From a point five hundred (500) feet west of Heinz Road to a point five hundred (500) feet west of Fairneadows Blvd. U.S. Highway 6 40 From a point five hundred (500) feet west of Fairmeadows Blvd. west to a point four hundred and fifty (450) feet east of Keokuk St. U.S. Highway 6 35 From a point fair hundred and fifty (450) feet east of Keokuk St. west to a point seven hundred (700) feet east of the intersection of U.S. Highway 6, 218 and Iowa High- way 1. U.S. Highway 6 30 Fran a point seven hundred (700) feet east of the intersection of U.S. Highways 6, 218 and Iowa Highway 1 west and north to a point one thousand one hundred fifty (1,150) feet west of the intersection with Riverside Drive. U.S. Highway 6 35 Fran a point one thousand one hundred fifty (1,150) feet west of the intersection with Riverside Drive, west to the city limits. "cv Ordinance No. 86-3307 Page 4 U.S. Highway 218 50 From the south city limits to a point one thousand six hundred (1,600) feet north of the south city limits. U.S. Highway 218 45 Fran a point one thousard six hundred (1,600) feet north of the south city limits to a point eight hundred (800) feet south of the intersection with U.S. Highway 6 and Iowa Highway 1. U.S. Highway 218 30 Fran a point eight hundred (800) feet south of the intersection with U.S. Highway 6 and Iowa Highway 1 north to the intersection with U.S. Highway 6 and Io.ia Highway 1. 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. Passed and approved this 16th day of Decem- ber, 1986. ATTEST: eilet/iire) X • 9J Received & Appar.s.. By The !spa! Capv)r:r 1/2_0/8(0 A>51. It was moved by Zuber , and seconded by Baker that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER X COURTNEY X DICKSON X MCDONALD STRAIT X ZUBER First consideration Vote for passage: Second consideration 11/25/86 Vote for passage : Dickson, McDonald, Strait, Zuber, Ambrisco, Courtney. Nays: None. Absent: Baker. Date published 12/24/86 Moved by Zuber, seconded be McDonald, 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 consideration be waived and the ordinance be given second consideration at this time. Ayes: McDonald, Strait, Zuber, Ambrisco, Courtney, Dickson. Nays: None. Absent: Baker. /05 CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy 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. 86-3307 which was passed by the City Council of Iowa City, Iowa, at a regu ar meeting held on the 16thday of December , 1986 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 24th day of December , 1986 Dated at Iowa City, Iowa, this 29th day of neremher 19 86 . MI A PARROTT DEPUTY CITY L RK OFFICIAL PUBLICATION OFFICIAL PUBLICATION pomata Averue 35 From t e Weever-dm with 59I01m11 M. n6_3301 First Avsne east to to city limits. CIN Oaillwa):AIMING SEt'iIM 23-189 6 llf 811101- Wet Read 35 Fran the intersection with M. on CF Ioul CITY TO ower S® wilTS al ManTrek ealerrd west to FRMS 6 U.S.HIf3W1'6 the City limits. et IT Duro m' 1St CITY WULIL CF @A CITY, Scott Baleve,d 35 Fran the intersection with Inf: Cart Street south to U.S. iECnaa I. iso tat. lie deem of this ordinance Nighty W. Cs to amid Section 23-189 of the municipal ask of E i r Ina City to reflect charges to the spew I W Start 30 Fran tie intersection with U.S. IHgwey 6 as determined by to eq Orr US. Higley 6 south to studies[aducfod by the loo Department nt T ti'.1,I Gleason Avenue. patatim. SECTION TI. A813U48. Section 23-189 is teeny a 5h¢ nte 2 3p Fran the isectim with repealed-rd the follwi g rev Section f3•189 h Buns Aveue sato to the city adopted in liar thereof: - limits- ! Sec.23-181. Exceptions to speed limits. . tem the basis of an aspirating and traffk U,S.Hldsfry 6 55 Fran the city limits to e ieastigetim, the fo11w1ng nnximm speed limits point five hmdred (WD( feet are hereby tletennre]and declared reasonable m the vast of Heinz led. /'/ fpllodhq sheets a portions of straits,repo signs Printer's fee S�Q J"FS, ere istcted giving notice thereof. U.S.Highmy 6 4 Fran a point fire leered Max. (500) feet west of HeLa Road Limit to a point five haired (5001 CERTIFICATE OF PUBLICATION Limit t west of Fa NaN /ewe of Sheet DPI) Share Leftpplies fefeoM. STATE OF IOWA, Johnson County, ss: ws 28136 Siff' =Fete the faim of Kas.Hrk Drive tto o the the lntesec U.S.Higley 6 03 Fran a point five hated THE IOWA CITY PRESS-CITIZEN tion of Finnan Trek. "i (501) feet west of immado • Street 3i Fran a point heat hath of Bialp. vest toe point far OboeStreet intersection with eiebell heed re fifty (0) fat anal north to .the city on[of Kerkhk St. I limits. U.S.Htgsay 6 35 Fran a point fair ludred and • fifty (460) feet apt of Carol Barr, being duly sworn, say that I • First.A.mrc 3 Fran the intesecttm of Kaiak SL west to zr point a err B'ndford Drive south to the sewn hudrei (1m) hit east am the legal clerk of the IOWA CITY intersection of U.S, Hgsay of the intersection of U.S. PRESS-CITIZEN, . a news 6. 6, 212 and tae Mpg published in said county, and paper a Gilbert Street 33 Fran the interswayl. into-section of Hwy l' notice, a printed copy of which is hereto Brrl ingtm to a point ore U.S.Higley 6 3] Fran a point seven Inmd'ai thosard eight hatred (1,833) 1W feet ere of the attac}yed, was published in said paper feetat ofto intersection intersection of U.S. Prays 7 time(s), on the following of Nigsay 6. 6,218 rd laza Hig err west and north to a print one date(s): Gilbert street 35 Fran a point at thalfed thousand me hudr% fifty eight hatred (I,8 ) fat (1,150) feet vest- of tie , /� ^� south of 6 s intersectionthe with ive.intersection with riverside 1.4i127/4i /YTT�J,/ ig ay 6 Barth to city Drive. a. limits. boa Higley 1 55 Fran the city limits east toe u.s.Higuvy 6 35 Froi a point ale themny at {pint eight tudrel (800) fat tyd-td fifty (1,IB) feet /J west of the intersitles of wet of the intersect*,with // h A�� Ml l per Averue. cityiversla Brive, rest to the Cd' limits. IowaHhgray I 05 Fran a point eight lid-Oren U.S.Hi 218 50 Fm the sato city limits to Le al Clerk (810) feet west of to into- Highway a point ore tented six g section of Miller Awn to• point five hxdred (B0g) CIe�rn thhune sol (1,600) feet ouch of east Hpd54h'Averue. 1kw. the south city limits.- I Subscribed and sworn to before me y` Ira Higrey 1 33 Froth a point five U.S.H1gwq 9B 45 Fran a point one thaserd six (M0) feet east d tunorth drel (1,600) feet lof [.t //J�� Averue to the intellect i. the south city lady to a thlS� / day oftnA K l {A.D. U.S. H 6, point eight hereISMfret Nighty Hi 1. .y. sato of tie intersection with U.S. Nighty 6 awl Ina Ise Higs4G,1 5 Fran its intersection with 19�� Mason1, Hi (Brlingtm St.) 150 feet 8,,aoast of tom mint B� U.S.Nigra]2I0 33 Fran a point eight hundred e �{ r St. (910) feet the south of (830) imwiW U.S.Higivey Notary Public tan Higbee 1 45 Fran tie intersection of N. 6 CIN Iowa Higley 1 robs to Cubhghe Reed to a point six to intersection with U.S. hundred (SW) feet south of Hurry 6 CIM lavaHighway 1. LAit7j'sfj.r v TQf� the city!ionic{. SECTICH III. WITJU . All ordinances and par's of -_Q-pf lee Higway 1 55 Fran a point six hushed (6m) adinnvices in mnfllct with the provision of this -- feet south of the city limits ordinance are tee filed. . .�.-. to the city limits. SCTrhi IV. SEVERABILITY. If ay fecttm, provision or pat of the h'dirase shall be adjudged ItITSe Avenue 36 Fran the intersection with shallnetnet affect the validity of invalid cr adjudication Eaald Street vet to the skate if eW Section, p ovlsim a pert theerf not west city limits. adJuslged invalid er prnatittttenal. Maras Trek 35 Don the inte5Rt10n Of 4LTIdl V. EFFECTIVE DAIS. This Ordinat Ball be Fucose Amu to the city in affect after its feel passage, eprolei ard limits. publImttm es rewired by lad. Passed end epprowed this 16th day of Ileram- hzcatine Averue 35 Fran a point at/undid(100) bar, 1986. feet east of tie tdrsectbh with Jotter Drive to the city ,/ If limits. ,'.i.• ` Port Road 25 Fran the lntersactim with MaltMalt4 41. '/ to the • irsect/mwith t !kiln1 DutRue Street. WU December i 1986