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HomeMy WebLinkAbout1973-03-27 OrdinanceAN OF ORDINANCE AMENDING ZONING ORDINANCE 2238 13Y CliANGINIG THE USE REGULATIONS CERTAINPROPERTY FROM R1B to R2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IWA CITY, ICA?A: its Section 1. The property described below is hereby reclassified from present classification of of R1B and the boundaries' R2 as indicated upon the Zoning Map the City of Iowa City, Iowa, shall be enlarged to include in g property, to -coif: the follow- Couunencing'' in the center line of Muscatine - Avenue formerly Highway 6-1808:4 feet east of the west quarter corner of Section 13, Township 79`North, Range 6 West of'the 5th P.M. and on - the Ea S.t7West2 Section line, ChenceEast along the center of the highway and 'the East -hest �2- Section line 47.2.7 feet; thence North 0046' E 233 feet; thence East 125 feet;` thence North 0010' E 678 feet; thence N'890 48'17" West 95 feet;.thence_North 59054'55' West 224.44 feet; thence South 89057'53" West 251 feet to the northwest corner of the tract Herein described; thence South 0009' West 1022.1:feet to the point Of beginning; lying East of the following described line, to- -wir- Beginning ata point that lies 382.7 feet East of the Southwest corner of_the above_ described tract, thence North 133 feet; thence Northwesterly 255:feet'to a.point that lies North 365 feet and East 265 feet from the Point of beginning :of the above described tract; thence North 367 feet; thence Northwesterly, to i point that lies 31 feet East and 51;:feec South of the Northwest corner of Clio above described tract thence North 51 feet more or less to the North line of Clic above described tract; lying South of the foll.owi.nf.;,de,;ci:ibed line, to -wit: Beginning at a point chat lies ,279.66`feet South of the Northeast corner of the above described -tract, thence West 280 feet to the line above-described;, - and excepting therefrom Clio following: - Commencing at: a point ontheeasternmost line of the above described.' tract 279.66 feet ' South of the Northeast: corner of said tract, thence N 89050' W 85 feet - thence South .0°10' W'398.34 feetthence'-ast 85 feet thence North 0010' 'E'398 feet- .34 to:the.point of beginning. ' _ Section .2. The -building inspector is hereby authorized and directed to change the Zoning Map of"the City of Iowa City; Iowa, conform to 72 this amendment upon the final passage, approval and publication of this - - Ordinance as provided.by law: Section 3. The City Clerk is hereby authorized and directed to certify a copy of this., Ordinance to::the County Recorder of Johnson- ' County, Iowa, upon final passage, approval and, publication as provided by law. _ It was moved by rnnnel'1 and seconded by Hickerson that the'Ordinance be adopted and upon roll call there were: AYES: SNAYS: ABSENT: Brandt.x Connell _ x ' Czarnecki x Hickerson x White ABSTAh] Passed and approved this 27 day of March iq 73 Payor ' ATTEST: First Reading jZ -73T—o Second Reading -L 3 .a. City Clerk -11-L Third Reading 3-27-73 TO requested by Courtcrest„Inc.. (former St. Mark's -Methodist Church property) CONTRACT PART I - AGREEMENT THIS AGREEMENT{ entered into as of this 2 % day of j�%L,G,• 19 ),j, by and between the CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, State of Iowa (hereinafter referred to as the "Local Public Agency"), and E. NORMAN' BAILEY, a professor of real estate economics at the University of Iowa (hereinafter referred to as the "Review: Appraiser")', WITNESSETH: WHEREAS the Local Public 'Agency 'has,under date of, Sep- ` tember 2, 1970, entered into a Loan and Capital Grant Contract :with the United States of America providing for financial aid 'to -the Local Public Agency under Title I of the Housing Act of 1949,-as.amended to;date;.and, WHEREAS,the Local Public Agency, pursuant to such Contract, is.under.taking;activities necessary -to- execute _the 'Urban Renewal Project described in such Contract and, WHEREAS' in the implementation of those activities the LPA has need of., certain professional services; ,and, WHEREAS,, the Review Appraiser is capable and desirous of - p'erforming.such professional services: NOW THEREFORE, the parties hereto do mutually agree as follows: I. Scope of Services.' The Review Appraiser shall perform all the necessary services provided under this Agreement, and shall do, perform, and carry out in a satisfactory and proper manner, as determined by the Urban Renewal Director, the following: A. Review appraisals, as directed by the Urban Renewal Director, made on real estate to be purchased by the Local Public Agency:, 1. The. review will ,include a comparison of,,appraisals to insure mathematical 'accuracy, 'consistency of factual' data, e.g. size of buildings contained in the separate appraisals, and to verify that the appraisals were made by using ;commonly 'accepted appraisal techniques, and are acceptable for the determination of fair market value. 2. The Review Appraiser shall request the appraiser(s) to make any corrections,' revisions or additions which the Review Appraiser deems necessary and appro- priate. 3. The Review Appraisershall: prepare and ,submit to the Urban Renewal Director'a written report con- taining the results of his review. The report shall contain an indication that as far as the Review Appraiser can ascertain, the appraisals are complete and consistent in the factual data contained therein and comply with existing statutory and administra- tive;requirements of the fed and Urban Development. eral Department of Housing 4. ..The"Agency Review Appraiser will make a personal ..The of the appraised property and of compar- °able properties and will'give,th6.owner or his designated representative an opportunity, by reason- able advancenotice in writing or otherwise, to ac- company him during his inspection of lie property. 5. If the reviewer finds the appraisal reports accept- able and properly documented, he shall determine for each parcel thereof. opinion of the fair market value thereof. The his findings shall be, set out in a written report which will -identify'the appraisal reports reviewed 'and- e'xp'lain the basis for his con- clusionlas to,the fair market 'value. The Review Appraiser is cautioned against applying a',rigid.standard under which the higher ior lower; of two or more.` approved.appraisal report values automatically' is determined to be his opinion of the fair market value. B." The `Local.Public-Agency shall""furnish the Review Ap- praiser necessary plans, ;records, maps, appraisals; ,and other materials which the Local Public Agency.deems'to be necessary and essential for the Review Appraiser to carry out the services herein. II. Time of Performance. The services of the Review Appraiser are to commence on the ,date ,first written above and shall be undertaken and Completed in such sequence as to assure their expeditious completion in the light of the purpose of ,this Agreement; but in any `event -allof the services required here- under shall be completed within 365 consecutive calendar days from the date of this Agreement. III. Com pensat tion. It understood and agreed that the Review appraiser shall receive compensation for services per- formed hereunder in a total amount not to exceed Two Thousand ' Dollars ($2,000.00) which amount shall constitute complete compensation for all services to be_rendered 'hereunder. IV. Method of Pa ment. Once each month the Review Appraiser shall submit an invoice reciting the cost of services to the Attest: � l e City Clerk Local Public Agency By Mayor E. Norman Bailey `.i Local Public Agency. Said invoice'shall reflect the costs actually incurred by'."the Review Appraiser,under the terms of this;, Agreement. Wages to be paid under this Agreement will be according to the following schedule: Job Title Hourly Rate Review Appraiser $20.00 It is expressly understood and`agreed.that the hourly rate includes all.costs for administrative overhead and other costs' incurred by the Review Appraiser in performing the services, contained in this Agreement. In the event that it is necessary for 1. the. Review Appraiser to testify in a .Court of Law ora condemnation hearing in regards to his establishment.of the Fair Market 'Value on any given parcel he will be;paid'for his time at.the;same hourly rate` outlined above. The Local Public Agency shall retain ten percent (10%)'o f the total compensation due until the services have been satis- factorilycompleted as determined by the Local `Public `Agency. It is expressly understood and agreed that in no 'event will the total compensation''and reimbursement ,'if any;``to be paid ' hereunder exceed - the maximum sum..of Two>Thousand:'Dollars ($2;000:00) for all services required. V. Terms and Conditions. This Agreement is subject to and incorporates the provisions attached hereto as Part II Terms and Conditions. VI. Prevailing Salaries. Not less than the respective sal- 4 cries prevailing in the locality shall be''paid-to persons in the ,respective occupations listed herein in performance of work under this Agreement. IN WITNESS WHEREOF, the Local Public', Agency and the Review Appraiser have executed this Agreement as of the date first written above. CITY OF I01VA CITY Attest: � l e City Clerk Local Public Agency By Mayor E. Norman Bailey Iv ORDINANCE NO 73-2669 AN ORDINANCE AMENDING THE MUNICIPAL!CODE OF THE CITY OF IOWA_ CITY, IOWA, BY ADOPTING THE'-1970 EDITION OF THE UNIFORM PLUMBING CODE WITH CERTAIN.AMENDMENTS'THERETO; REPEALING CHAPTER 9.10 OF. THE MUNICIPAL CODE:-OF IOWA'CITY; IOWA;.AND PROVIDING FOR THE ENFORCEMENT THEREOF AND PENALTIES FOR VIOLATIONS THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I PURPOSE. The purpose of this Ordinance is to adopt the 1970 Edition of the Uniform Plumbing Code, as prepared and edited by the International Association of Plumbing and Mechanical Officials; to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa,, and to provide for the enforcement thereof and penalties for violations thereof. Section II ADOPTION. That except as hereinafter limited or amended the 1970 Edition of-theuniform'Plumbing Code, as prepared and edited by the International Association of Plumbing and Mechanical Officials, is hereby adopted; and the provisions of said code shall be controlling as to the installation, repair, replacement, removal, or alteration of any plumbing, gas, or drainage piping work or any fixture or water heating or treating equipment within Iowa City, Iowa. Section III AMENDMENTS. The Uniform Plumbing Code is hereby amended as follows: A. Parts 1 and 2 of the ,Uniform Plumbing Code are hereby ex- cluded and not adopted as a part of saidUniformPlumbing Code of Iowa City, Iowa. B. Section 310 (c) is hereby excluded and not adopted.as a part of said Uniform Plumbing Code for Iowa City, Iowa. -;3 C. Section 403 (a) is hereby amended by adding the following: The main drain under the floor shall be not less than four (4) inches in diameter.• D. Section 505 (d) is herebyamendedby adding the following: The vent thru theroofshall be not less than two (2) inches in diameter. i _2_ Ordinance No. 73-2669 - E. Table 7-1 is hereby amended by _deleting the trap to vent distances and substituting in lieu thereof the following: bISTANCE TRAP TO TRAPARMVENT IN FEET 1-1/4 5i 1-1/2 6} 2 g?, 3` 12s 4'and larger 12 F. Table 11-1 is hereby amended by: deleting the disposal field -water supply well distance requirement and sub- stituting in lieu thereof the following: Disposal fields shall be located not less than 100 feet from water supply wells. G. The enforcement of the provisions of this _Code shall be the responsibility of the Plumbing Inspector; and whenever the words Administrative Authority shall be used in this Code, they shall mean Plumbing Inspector: Section IV DEFINITIONS. Thefollowingterms are:de£ined: A. MASTER__PLUMBER. The term "master plumber" means any person who undertakes or offers to undertake to plan for, lay out, supervise, and do plumbing for a fixed sum, fee, or other compensation. B. •JOURNEYMAN PLUMBER;;, The term "journeyman plumber" means any person who labors at the trade of plumbing as an employee. Section V BOARD OF EXAMINERS: A. CREATSON,: There is hereby- established a Board of Examiners of Plumbers for the City of Iowa City, Iowa. B. MEMBERSHIP.- The Board of Examiners of Plumbersshall consist of four members. Three members of the Board shall be appointed by the Mayor with the concurrence of the City Council; one shall be a master plumber; one shall be a- journeyman plumber; and one shall be a representative of the public. The fourth member; who shall also be Chairman, shall be the Plumbing Inspector. All appointed members commence on January 1st of the year, of appointment. Three members of said ,Board of Examiners shall constitute a quorum for the transaction of 'all business. D. 'DUTIES. It shall be the duty of the Board of Examiners to examine all applicants desiring=to engage in the work or business of plumbing, whether as a master plumber or as a journeyman plumber:The Board shall examine' applicants as to their practical knowledge.,of plumbing; and if an applicant demonstrates his competency therein, the Board shall issue a license authorizing the applicant to engage in the work or business of plumbing. The Board of Examiners excepting the Plumbing Inspector, shall also serve as -a -Grievance Board. Should any dis- agreement arise between a master plumber and the plumbing inspector relativetothe proper or improper installation of any work governed by this Chapter, either party may appeal to_the Grievance Board whichshallpass judgment on the matter. If a plumber on the Board is involved in the dispute, the, other members of the Board shall 'appoint an alternate, qualified master; plumber, who isanelector of Iowa City, Iowa, to act in his stead. Section VI LICENSES. A. No person shall undertake or.offer to undertake to plan for, lay out, supervise, and do plumbing for a fixed sum, fee, or other compensation within Iowa City, Iowa, unless such person ;shall have obtained from the City of Iowa City, a master plumber's license. B. No person shall labor at the trade of plumbing in the -4 - Ordinance No. 73-2669 capacity of a journeyman plumber within Iowa City, Iowa, unless such person shall have obtained from the City of Iowa City, Iowa, a journeyman plumber's license. Section VII APPLICATION. Any person required by this Ordinance to possess a Plumber's license shall make application to the Board of Examiners of Plumbers on application blanks provided for that purpose by; the Plumbing Inspector. Section VIII APPLICATION AND EXAMINATION FEES. A. The examination fee for those-Derson"s=•applying for a Plumber's License shall.be $10.00, which shall not be refunded. B. The application fee, which shall be in addition the examination fee, shall be tendered at the time of application and in the following amounts: Master Plumber's License $75.00 Journeyman Plumber's License_ 25.00 Section IX LICENSING STANDARDS. The Board of Examiners shall issue licenses pursuant to the following provisions: A. Master Plumber's Licenses 6hall'be issued to every person who demonstrates satisfactorycompletion of one year's experience.as a journeyman plumber, makesapplication for such license, -pays -the required fees, and successfully passes the examination conducted by the Board of, Examiners of Plumbers.. B. Journeyman Plumber's Licenses shall be, issued to every person demonstrates satisfactory completion of five year's experience.as an apprentice plumber, makes application for such license, pays the required fees, and successfully passes the examination conducted by the Board of Examiners of Plumbers: Section X RE-EXAMINATIONS. Any person who fails to_pass 'the examination as prescribed by the Board of!Eximiners_may apply for re-examination at the next regularly scheduled examination period. Section XI BOND AND INSURANCE. <Before a Master Plumber's License may be issued, the applicant shall file with the Plumbing Inspector a proof of existing liability insurance in the amount of -5 - Ordinance No. 73-2669 $10,000.00 and a bond in the penal sum of:;$1,000.00 running to the City of Iowa City, Iowa, with sureties to be approved by the Plumbing Inspector. Said bond shall be conditioned for the faithful performance of all duties required by Ordinance or regulation of Iowa City, Iowa, and to repay damagessustained by the City by reason of neglect or incomoetence in the performance of work" done, careless guarding of excavations, failure toput all streets -or public places opened in as good a condition as before breaking up or opening, or other causes growing out of the negligence or carelessness of such licensee or his employees. Section XII RENEWALS. Every 1 . -11`6ense shall expire on December 31st of each year, unless sooner cancelled or revoked. The renewal fees are as follows. A. Master Pluniber's,License $25.00 B. Journeyman.Plumber's License 10.00 Section XIII EXAMINATION WAIVED. Any master or journeyman plumber, who oossesses a license issued by another city or town in Iowa which has similar licensing standards, shall be excused from the examination required by this Chapter; and upon application, payment of the renewal fee, and, in the case of master plumbers, posting of bond and proof of insurance, a license shall be issued if the Board waives the examination requirement. Section XIV REVOCATION.: The Board of Examiner's of Plumbers may cancel or revoke.any license issued by them to any person if such person show incompetency or.lack.of knowledge in matters relevant to such license or if such license was obtained by. fraud. Licenses are not transferableand the lending of any license or the obtaining of permits thereunder for any othe I r person shall be deemed cause for revocation. if a license be revoked for any ofthe above reasons, another license shall not be granted to such person within 12 months after the date of cancellation or revocation. -6- Ordinance No. -73-2669 - Section XV LICENSE DISPLAY. The licenses of all mast`er-'plumbers employed, by or working with a firm shall.be posted in a conspicuous place at the, place of business of said firm. Section XVI PERMIT REQUIRED. A. It shall be unlawful for any person to install, remove alter, repair, or replace or cause to be installed, removed, altered, repaired; or replaced any plumbing, gas or drainage piping work, or any fixture or water heating or treating equipment in a building or premises without first obtaining a permit to do such work from the Plumbing Inspector. B. A separate permit shall be obtained for each building or structure. C. Permits are required in order to make connections with the public.sewers-and will be issued only when the plumbing on the premises to ,be connected is in accordance with the provisions ;of this Ordinance. D. No person shall allow any other _person to do or cause to be done any, work under a permit secured by a permittee except persons in-,his employ. Se6ti6n',XVIIr'190RKvNOT:REQUIRINC PERMIT.-NNo�' e2i shall.be required in the case of any repair work as follows: The stopping of leaks in drains, soil, waste, or vent pipe, provided; however, that should any trap, drainpipe, soil, waste, or vent pipe be or become defective and-it becomes necessary to remove and replace the same with new material in any: part or parts, the same shall be considered new work and a permit shall be procured and inspection made as herein before provided. No permit shall be required for the clearing of stoppages-,-,,or the repairing of leaks in pipes, valves, or fixtures when such repairs-do.not involve or require the replacement or, rearrangement of valves,'pipes, or fixtures. Section XVIII:PERMITTEES. A. No permit shall be issued to any person to do or cause _. to be;.cioner work"regiilated�by.ithis Ordinance, except : s to a person.:holdinga valid un expired :'and.unrevokedi„ _ -7 - Ordinance No. 73-2669 Master Plumber's License issued by Iowa City, Iowa, except when and as otherwise hereinafter provided in this section. B. Any permit required, by this Ordinance may be issued to any person to do any work regulated by this Ordinance in a single family dwelling used exclusively for living purposes, including the usual accessing buildings and quarters in connection with such buildings, provided that such person is the bona fide owner.'of any such dwelling and accessory buildings and quarters and that the same are occupied by said owner and that said owner shall personally purchase all material and perform all labor in connection therewith. -Section XIX APPLICATION FOR PERMIT.- Any person legally entitled to apply for and receive a permit shall make application on forms provided for that purpose. He shall give a description of the character of the work proposed to be done and the location, ownership, occupancy, and.use of the premises in connection therewith. The Plumbing Inspector may require plans, specifications or drawings, and such other information he deems necessary: If the Plumbing Inspector determines that the plans, specifications, drawings, descriptions, or information furnished by the applicant is in compliance with this Ordinance, he shall issue the permit applied for upon payment of the required fee as hereinafter fixed. Section XX PERMITS -GENERAL. A. TIME LIMITATION Every permit issued by the Plumbing Inspector under the provisions of this Ordinance shall expire by limitation and become null and void if the work authorized'by such permit is not commenced within 60 days from the date of 'issuance. or if the work,authorized by such permit is suspended or abandoned at any time after the work is commenced fora period of'120 days. Before such work can be recommenced, a new permit shall be first - obtained; and the fee therefore shall be 1/2 the, amount required for -a new permit for such work, provided no changes have been made or will be made.in the original plans and -s- Ordinance No. 73-2669 specifications for such work; and provided, further, that such suspension or'abandonment has not exceeded one (1) year. B. INVALID PERMITS. The issuance of a permit or the approval of plans and specifications shall not be deemed or construed to be a permit for or an approval of any violation bf the provisions of this Ordinance. No permit Presuming: to give authority to violate or cancel the provisions of this Ordinance shall be valid, except insofar as the work or.use which it authorized is lawful The issuance of a permit or approval or plans shall not prevent the Plumbing Inspector from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations by means of a stop order from being carried on thereunder when in violation of this Ordinance or of any other Ordinance or. from - revoking any permit when issued in error. C. DISPLAY. The permit and the approved plans or specifications shall.be available at the location of the work permitted thereby at all times. D. -CONFORMANCE' s All work performed'shall be in accordance with the permit and the plans as approved. Section XXI COST OF, PERMIT. Every applicant for a permit to do work regulated by this'Ordinance shall pay for each permit issued at the time of issuance, a fee in accordanceewith the following schedule and at the rate provided for each classification shown herein. Any person who shall commence any work for which a permit is required by this Ordinance without first having obtained a permit therefore shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by this section for such work, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Plumbing Inspector that such work was urgently necessary and that it was not practicable s -9 - Ordinance No. 73-2669 to- obtain `a permitthereforebefore thecommencementof the work. In all such cases, a permit must be obtained as soon as practicable;' and if there be an unreasonabledelay in obtaining such permit, a double fee as herein provided shall be charged. SCHEDULE OF FEES Fixtures, traps, or openings First _ $5.00 2-10 each 2.00 11 or more each 1.00 Water softeners and -heaters, and all other water connected appliances not connected to a sanitary sewer: each 2.00 Inspection trips in excess of two each 2.00 Section XXII INSPECTIONS. It shall be the duty, of the person doing the work authorized by the permit to notify the Plumbing Inspector orally or in writing that said said work is ready for inspection. Such notification shall be given not less than twenty- four hours before the work -is to be inspected. It shall be the duty of the:person doing the work authorized by the permit to insure that the work will stand the tests prescribed elsewhere in this Ordinance before giving the above notification. No work shall be covered or concealed in any manner until after it has been examined and approved by the Plumbing Inspector. Section XXIII'PLUMBING =INSPECTOR. A. DUTIES. It shall be the duty of the Plumbing Inspector to 'administer and enforce the provisions of this Ordinance, sign and issue all notices, permits, and licenses, pass upon all plans submitted, and keep complete records of all offical work performed'in accordance with the provisions of this Ordinance:: -10 - ordinance No: 73-2669 B. RIGHT OF ENTRY. The Plumbing Inspector shall carry proper credentials and shall have the right of entry, upon exhibition of said credentials, during usual. business hours, to inspect any and all buildings and - premises in the performance of his duties. C. STOPPING WORK. Whenever -in the'iopinion of the Plumbing Inspector thecontinuanceof plumbing work is contrary to public welfare by reason of defective or illegal work in violation of a provision or requirement of this Ordinance, he may order, either orally or in writing, all further work to be stopped and may require suspension of work until the conditioninviolation has been remedied. D. EXCAVATIONS. All excavations to be made for the purpose of laying water pipes or sewage from the property line to the building line shall be under the direction and subject to the approval of the Plumbing Inspector, who shall issue all permits and notices necessary for the doing of same. All such -work within the streets and alleys shall be under his supervision, under the direction of the City Engineer. Section XXIV NOTIFICATION TO BUYER Prior to the sale of property located within Iowa City, Iowa; the seller or his agent shall notify the buyer or his.agent of the installation of any pipes, drains, or traps constructed of plastic materials: Section XXV GARAGE FLOOR DRAINS. Buildings to be used as a garage or other structures ,for the housing, sale, or repair of automobiles or in which automobiles are washed, cleaned, or repaired for commercial_ purposes and having connections with the sewer shall be provided with proper means for draining the floors and repair pits so that no drainage therefrom shall flow over any street, alley, sidewalk, or pavement approach. Such drains shall be so arranged as tointerceptall oils, gasoline,_ or, other inflammable fluids, which shall be removed from the drains at regular intervals. -11 - Ordinance No. 71-2F69 Such drains shall be so constructed as to have a device for catching sand, silt, or other solids and having a seal depth of not less than six (6) inches above the sand receiver; and the outlet shall not be smaller than a four (4) inch connection. All materials used for vent and waste lines shall conform with the other provisions hereof. The trap shall be constructed of case iron, cement; or hard burned brick laid in cement mortar, having an accessible iron cover. Any building used as a place of business where gasoline, benzine,naphtha, or other inflammable oils or compounds are used or kept shall be provided with special drains in the same manner as those required for garages. Such drains andtrapsmust be approved by the Plumbing Inspector. Section XXVI CONNECT WITH Y's. Unless special permission is endorsed on the permit, the junction pieces, slants, or Y's, which have been built into the sewer during construction, must be used for connecting all private sewers or house drains. In all cases the trench must be of ample width at.the,point of connection and all rubbish removed for purposes of inspection; and the actual connection with said junction piece, slant, or Y must be made in the presence of the Plumbing Inspector or his authorized agent. The cover on the Y branch on the sewer should be carefully removed in order to prevent injury to the socket. If there is no junction piece slant, or Y already in the sewer, a permit to cut the sewer will be granted -by the Plumbing Inspector; and the connection may be made by inserting into the,sewer a junction Pipe of the size specified in the permrtand cut to an angle of 45 degrees by the manufacturer. After making the opening in the sewer, all rubbish must be removed from the inside of the sewer. The junction pipe must then be set even with the, inside of the sewer on a bed of mortar, and the opening around the pipe must be carefully prepared and well plastered with mortar compounded of equal parts of Portland cement and clean, ,sharp sand. All back filling of trenches will be flushed or tamped as directed' by the Plumbing inspector.- -12 - Ordinance No. 73-999Q Nothing but saddle Y's, as prescribed by the Plumbing Inspector, may be used where it becomes necessary to tap the main sewer. Theexcavationshowing the connections shall be kept open by the plumber until the Plumbing Inspector has been notified. A,---_7,Section_vXXVII VIOLATIONS. _ A. NOTICES. 1. Whenever the Plumbing Inspector discovers that any unsanitary conditions exist or that any construction or work regulated by this Ordinance is dangerous, unsafe, unsanitary, a, nuisance or ,a menace to -life, health, or property,:or-otherwise in- violation 'of - this Ordinance, he may serve a written notice or order upon the personresponsible therefore directing discontinuance of such illegal ,action and the remedying of the condition which is in violation of the provisions or reauirements of `the Ordinance: 2. Refusal, failure, or neglect to comply with any such notice or order ,shall be considered a violation of this Ordinance. such notice or order is not promptly complied with, the Plumbing Inspector may request that the City Attorney institute an.appropriate action or proceeding at law or in equity to restrain, correct, or remove such violation. B. VIOLATORS. The owner of a building's structure, or premises where anything in violation of this Ordinance shall be placed or shall exist and -an architect, builder,. contractor, agents person, or corporation employed in connection therewith, and any who may have assisted in the commission of such violations shall each be guilty of a separate. offense. C. SEPARATE OFFENSES. Each separate day or any portion thereof during which any violation of this Ordinance., 13 - ordinance No 73-2669 occurs or continues shall be`deemed`to"constitute a separate offense. Section XXVIII PENALTIES. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and.upon conviction thereof shall be punishable by a fine not exceeding $100.00 or by imprisonment not exceeding thirty days. Section XXIX MINIMUM REQUIREMENTS. The provisions of this Ordinance shall be held to be the minimum requirements adopted for the protection of health, welfare, and safety of the citizens of the City of Iowa City, Iowa. Nothing herein contained shall be deemed to invalidate any existing Ordinances or Regulations of the City of Iowa City or any Statutes of the State of Iowa imposing requirements higher than the minimum requirements laid down. in this Ordinance; and whenever any requirements of any other Ordinance, Statute, or Regulation are higher than the requirements of this Ordinance, those requirements which are higher shall be applicable. Section XXX RECITATION CLAUSE. A. Pursuant to published notice;:°a public hearing was held on the 1970 Edition of the`.Uniform Plumbing Code, as prepared and edited by the International Association of Plumbing and Mechanical Officials. B. That the official copy of the Code as adopted and a copy of the adopting Ordinance, certified by the City Clerk as to the Ordinance's adoption "and effective date. ,,are now on file in the Office of the City Clerk. C. That copies of the Uniform Plumbing Code and the adopting Ordinance setting forth the additions, limitations, and modifications thereto are available for inspection and sale at the Office of the City.Clerk. ORDINANCE NO. 71-24570 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, -IOWA; ESTABLISHING SIZE AND. MATERIAL REQUIREMENTS FOR WATER SERVICE PIPES; REPEALING SECTION; 9.62.4 OF;THE CODE OF IOWA CITY, IOWA; AND ENACTING REQUIREMENTS IN LIEU THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. Section I PURPOSE. The purpose of this Ordinance is to amend the Municipal Code of Iowa City, Iowa, by adopting size and material requirements for water service pipes theretiy_rproviding for the health, safety) --and welfare of the citizens of Iowa City, Iowa. Section II AMENDMENT. The Municipal Code of Iowa City, Iowa, is hereby amended by repealing section 9.62.4 and enacting the following in lieu thereof: 9.62.4 MATERIAL. All water service pipes 1 inch to 2 inches in size laid:?..;from the water main to the curb shall be of extra heavy lead, Type K copper, cast iron, or other approved material. Section III REPEALER. Section 9.62.4 of the Municipal Code of Iowa City, Iowa, and all other. Ordinances or parts of Ordinances in conflict with the provisions of :.this`Ordinance are hereby repealed. Section IV _SAVINGS CLAUSE. If ,any section, provision,, or part of this Ordinance shall be adjudicated invalid or unconstitutional, - such judication shall 'not affect the validity of the Ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section V EFFECTIVE DATE. Thi:; Ordinance shall become effective after its final passage, approval, and publication as required by law. It was moved by ronnell �­ and seconded by White that the Ordinance as read be adopted, and upon roll, call there were: AYES: NAYS: ABSENTS: X Brandt - X Connell X Czarnecki X _ Hickerson X White ORDINA.NCE:, NO. 73-2671 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA, BY ESTABLISHING RATES FOR TEMPORARY WATER SERVICE REPEALING SECTION 3.-18-3,;REGULATING THE SUPPLY OF WATER SERVICE; AND PROVIDINGPENALTIES FOR -VIOLATIONS THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF 'IOWA CITY, IOWA: Section -I PURPOSE. The purpose of this Ordinance is to establish rates for temporary water service, repeal Section 3.18.3, regulate the supply of water service, and provide penalties for violations thereof for the health, safety, and welfare of the citizens of Iowa City, Iowa Section II AMENDMENT. The Municipal Code of Iowa City, Iowa, is hereby amended by repealing Section 3.18.3 and enacting the following in lieu thereof: 3.18.3 TEMPORARY CONSTRUCTION PERMITS. When temporary water service is requested for a structure under construction, the owner or contractor shall pay the following fees per month:, Single and two-family residences $5.00 Multi -family residences 10.00 Commercial Structures 20.00 If said rates are inadequate for the amount of water to be used, the Water Department may establish higher rates for a particular premises. The water used under this Drovision may not be used to settle ditches or irrigate lawns or gardens; and the Water Department may discontinue service to any owner or contractor who has failed to pay for water supplied or used:; contrary to the provisions of this section.- Section III DEFINITIONS. A. "Consumer" shall mean any person using water furnished by -the -City of Iowa City, Iowa, including other Departments, Boards, or Commissions of the City: B. "Service Pipe" shall mean the pipe laid beyond -the water main toward the premises to be 'served' .with water; the service pipe shall include all pipes and valves between the water main and the water meter. C. "Water Department" shall mean the Iowa City Water Department. -:Water Main" shall mean any pipe laid by the Water Department or an agent thereof or accepted by the Water Department which is a portion of the Water Distribution System fortheCity of Iowa City, Iowa. Section IV ORIGINAL CONNECTIONS. A. APPLICATION. Applications for water service connections shall be made in writing to the Water Department by the owner of the ,property to be served or by his agent. Such application shall state the official house number or numbers of the premises to be served, the size of the pipe tap that is required, and the approximate location where the service will enter the premises.` B. SERVICE PIPES. 1. Installation of Services. All service pipes and fixtures from the street water main to the premises, including thecorporationcock, shallbeinstalled at the expense of the owner. 2. Size of.Service. Ail service pipes from the main to and including the stop box:shall be at least 1 inch in diameter•. All pipes requiring a service larger than 2 inches. shall be made with a tapping sleeve and a_da"st iron gate valve of a minimum of 4 inches in size; and,a roadway valve box of a design approved'>by-.the Water Department shall also be installed: 3. Service Shutoff.In"stallation,. The stop box on every service must be flush with.the ground or surface, be visible from the.sidewalk,� d be'of a design and in a location approved by the Water Department. 4. Extension of Service Pipes After a service connection has been laid, no person shall make any attachment or connection to said service connection in order to serve s � -3- Ordinance No., 73-2671 any other premises'or buildings than those set forth in the original application for service. C. TAPS TO MAINS. All taps to water mains shall be of a size approved by the Water Department and shall be made by the Water Department upon application of the owner or his authorized agent. The Water;Department shall charge a uniform fee for the making of all taps,• such fee to be based on labor, material, and overhead expense. D. MAINTENANCE OF SERVICEtf All service pipes and fixtures from the street water main to the premises, including the corporation cock at the main, shall be maintained at the expense of the owner. Any leak or other defect in the service shall be promptly repaired by the owner; if not repaired promptly, the water shall be turned off until such repairs have been made. In any case where the Water Department informs the property owner that there is a leak in the service and it is found that the leak is actually in the main, the Water Department will reimburse the property owner for any actual expense and will assume responsibility for the repairs. Section V MATER SERVICE. All service pipes from the street water main to the curb box shall be of extra heavy lead, Type K copper, cast iron, or other approved material. All services from the street main _shall be carried to the curb stop at an angle of 90 degrees with the street curb line and shall be at least 5 feet deep. The number of joints in; the service pipe shall be kept to a minimum. Whenever any hard surfaced or treated street.has been opened, the trench must be filled with dirt or sand to the satisfaction of the Water Department -4= Ordinance No. 73-2671 Section VI NON -CONFORMING CONNECTIONS. Owners of premises having water services, which do not have separate stop cocks and boxes for each building or, which do not otherwise conform to the requirements of this Chapter--�>;on`September 13`, 1963, shall be required to install stop cocks or make such other changes as are necessary in order to conform with the requirements of this Ordinance. Service lines presently in use shall be replaced by copper, cast iron, or other approved pipes at the expense of the owner when, in the opinion of the Water-Department,`such lines have become so disintegrated as to be unfit for further use. Section VII ABANDONED SERVICE PIPES. All service pipes which are no longer used must be permanently closed off at the water main by the Water Department at the expense of the owner of the premises. Also, if the service is to be replaced, the old service must be shut off at the main and the old pipe cut off at the corporation cock by, the plater Department. If a service 'pipe or connection which is not currently in use is found to be leaking, the Water Department may without notice turn off same and charge the expense thereof to the owner of the property. Section VIII DENIAL OF APPLICATION. The Water Department may deny an application for a water service pipe when, in the judgment of the Water Department, the extension of a water main lather than a service line is necessary to provide adequate service or to assure the future development of the distribution system. Section IX PROVISIONS FOR WATER SERVICE. A. NEW INSTALLATIONS. If the water meter is to be installed - in a new building or structure, the applicant must furnish the Water Department proof that the plumbing has been approved by the Plumbing Inspector, that all charges for crater and services previously furnished such applicant have been paid, and that'a suitable place has been provided for the meter. B. SERVICE CALL CHARGES. The slater Department shall establish uniform rates for service charges, and`the consumer requesting' service shall be responsible for payment of said charge. ■- -5 - Ordinance No. J'73-2671 - r C. HOLD HARMLESS. In turning on. water, the City of Iowa City shall not be responsible for any damage that may occur by reason of improper fixtures, open or improper connections, or for any other cause. D. WATER METERS. All water furnished to consumers shall be metered unless provided otherwise by Ordinance. All meters shall be furnished and set by the Water Department, but owners must provide_a suitable location and piping system for same.Meters shall be placed on a service pipe in a position no more than two feet from where the service pipe enters the premises. However, the':Water _ Department may allow placement -of the meter in front of a window so that it -may be read withoutentering the premises. A remote reading device will be installed at cost on the premiseswitha register on the outside at the written request of the owner. Piping systems shall be so constructed and the meters so placed that all water to be used in or about the premises shall pass through the water meter; and the owner or his authorized agent shall be responsible for compliance with this provision - and, shall be liable for payment of waterused in violation hereof. The meter shall be placed in a clean, dry location which is readily accessible to members of the Water Department. There shall be a valve between the meter and the wall and a valve on the outlet side of each meter not more than 3 feet. from said meter. All valves and fittings necessary for installation of a meter shall be provided by the owner of the premises to be served. The Mater Department shall determine the size of the water meter to be installed.; and for premises requiring -6 - Ordinance No. 73-2671 the inlet and the outlet pipe `in addition to the basement shutoff. Where a service pipe of 2 inches or larger is used, the plumber shall contact the Water Department,for.instructions regarding the fittings and placement of ,the water meter. E. PROTECTION OF METERS. The owner of the premises where a water meter is installed shall be responsible for its care and protection from freezing, hot water, and from any person or persons. In case of damage ;to'the meter or in case of its stoppage or improper operation, the owner shall give immediate notice to the ;Water Department. In all cases where meters are broken or damaged by the negligence of the owner or the occupants of the premises or by freezing, hot water, or other injury except ordinary wear and tear, the necessary repairs to the meter shall be made by the Water Department;.and the cost of such repairs shall be paid by the owner. If payment for damages is not received at the time of demand, the plater Department shall turn off the water and shall not turn it on until full payment has been made together with all service charges. Damaged meters may be.repaired by the Water Department without first getting notice thereof to the owner';of,=the premises served by such meter. No one shall in any way interfere with the proper registration of water meters, and no one except an authorized employee of the Water Department shall break - a seal on a water meter. Whenever a water meter is installed in premises that are to be remodeled, removed, or 'destroyed or where the service`-'is'-Jto be discontinued, the owner of said premises shall give notice -7 - Ordinance No. 73-2671 in writing to the Water Department requesting removal of said meter and ,granting free access thereto. The owner or his authorized agent shall be responsible for the meter until such written notice is, given, and the meter is recovered. If the meter is damaged,, buried, or lost, the owner shall be required :to pay for same at cost less depreciation. F. TESTING METERS. In case there is any doubt as to the accuracy of a water meter on the part of a consumer, he may request that a meter be tested by the Water Department,at which test he may be present or have a representative present if he so desires. If, the water meter is found to register within 2% of being correct, a charge of $10.00 will be made to cover the cost of making said .test. If the meter is found to measure more than 2n fast, no charge shall be made for making the test; and there shall be a proportional deduction made from the last water bill pre ceding7the"t'est A'vrater meter shall be considered to register satisfactorily when it registers within 2% accuracy. - Section X WATER SHUTOFF The ,City of.; --.I owa Cit y,Iowa;' reserves the right to shut off the water in its mains at any time for the purpose of making.repairs or extensions or for other reasons. Section XI INSPECTIONS. Any employee of the Water Department or any authorized inspector shall be permitted at all reasonable hours to enter the premises or buildings of consumers for the purpose of reading meters and inspecting water pipes and fixtures. The Water Department is authorized to set or remove a meter whenever it is deemed advisable. Refusal on the part of the owner,- consumer, or occupant of any premises serviced byocity,4waterto? permit ariiemployee of the Water Department to enter said premises shall be sufficient cause for -discontinuance of,the}waterr•serwices:;at said premises. -. s -8 - Ordinance No. 73-2671 : Section XIS OPENING HYDRANTS. No ,person except authorized City employees acting in the performance of their duties shall open a water hydrant belonging to the City of Iowa City, Iowa, Water Department at any time without -a-written permit issued by the Water Department. Section XIII INFORMATION SUPPLIED.: Information which may be obtained from the records, maps, and employees of the Water Department relative to the location of water mains and service pipes will be furnished to licensed plumbers and interested parties; but the Water Department will not guarantee the accuracy of said records. Section XIV SIZE AND EXTENSION OF_MAINS. A. The size of the water main required to serve any part of Iowa City, Iowa, shall be determined by the plater Department B. All water main extensions shall bemadeto the furtherest point on the owner's property line in order to allow for any future expansion. C. Extension of water mains along streets lying partly inside and partly outside of the limits of Iowa City, Iowa, shall be made on the basis of special assessments' against abutting property owners. The City, may pay the assessment on land lying outside the City limits; and if so paid, the City may make provision for collection of such payment from those property owners at the time said land is annexed. D. No water main shall be extended outside the limits of Iowa City, Iowa, except to serve property within the City limits or under contract with the City. Section XV WATER MAIN -COSTS. When water mains are extended, the property owners benefited thereby as determined by the Water Department shall be charged a uniform fee based upon the cost of extending a water main 6 inches in diameter together with all the necessary valves, fire hydrants, and other parts. Section XVI ASSESSMENTS. Extension of water mains to "serve property within the limits of Iowa City, Iowa, excluding sub -divisions platted after September 13, 1963, shall be financed by special assessments against the benefited, property. Assessmentsaagainst the benefited property shall not exceed the actual cost of the extension -9- Ordinance No. 73-2671 Plus engineering and administrative costs. Section XVII CONNECTING LOOPS. Before connection by the abutting property owner to water _mains ,constructed at the expense of the Water Department, said property owner shall pay to Iowa City, Iowa, a charge based upon the front footage of the property to be served and based upon the costs of a 6 inch water main. Connecting loops and crosst;tie within a�sub division==shallebe - - constructed by the sub-divider. If the connecting loop is such that property outside the sub-division abuts said loop or ties and connections are made to said line, the City shall collect the regular charge per front foot and shall reimburse the original payer to the extent of the collection so made. In no event shall the actual amount so paid to the individual or sub-divider by the City exceed the original cost of the extension. Section XVIII PENALTIES. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall punishable by a fine not exceeding $100.00 or by imprisonment not exceeding 30 days. Section XIX REPEALER. Section 3.18.3 of the Code of Iowa City, Iowa, and all Ordinances or parts of Ordinances in conflict with the provisions ofthis Ordinance are hereby repealed. Section XX SAVINGS CLAUSE. -In the event any section, provision, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalidorunconstitutional, 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 XXI EFFECTIVE,DATE. This Ordinance shall be in effect after its final passage, approval, and publication as required by law. _10 - Ordinance No. 73-2671 It was moved by Hickerson and seconded by White that theOrdinanceas read by adopted, and upon roll call there were`. AYES: NAYS: ABSENTS: " Brandt x Connell x Czarnecki x Hickerson x White Mayor ATTEST: City Clerk Passed and approved this 27 day of March 1973. First Reading Second Reading- Z c•, . -73 !:v Third Reading 3-27-73 TO