HomeMy WebLinkAbout1997-12-16 OrdinancePrepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO. 97-3816
AN ORDINANCE AMENDING THE ZONING
CHAPTER BY CONDITIONALLY CHANGING
THE USE REGULATIONS OF APPROX-
IMATELY 3.37 ACRES OF PROPERTY
LOCATED SOUTHEAST OF THE
INTERSECTION OF IOWA HIGHWAY I AND
NAPLES AVENUE, FROM COUNTY CP-1,
PLANNED COMMERCIAL, TO C1-1, INTENSIVE
COMMERCIAL.
WHEREAS, the owners, Randy M. and Tamare
J. Miller, have requested that the City annex and
rezone 3.37 acres of property located southeast of
the intersection of Iowa Highway I and Naples
Avenue; and
WHEREAS, the proposed rezoning will allow
commercial development within the corporate lim-
its utilizing City utilities and services; and
WHEREAS, Iowa Code 414.5 (1997) provides
that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning re-
quest, over and above existing regulations, in or-
der to satisfy public needs directly caused by the
requested change; and
WHEREAS, the owners acknowledge that cer-
tain conditions and restrictions are reasonable to
ensure appropriate development at an entrance-
way to Iowa City, and
WHEREAS, the owner has agreed to use this
property in accordance with the terms and condi-
tions of a conditional zoning agreement to ensure
appropriate development in this area of Iowa City.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
SECTION I. APPROVAL. Subject to the terms
and conditions of the conditional zoning agree-
ment for the subject property, attached hereto and
incorporated by reference herein, the property as
described below is hereby reclassified from its
present classification of CP-1, Planned Commer-
cial, to C1-1, Intensive Commercial:
Lot 5, Scott's Second Addition, A
Resubdivision of Lot 2, Scott's First Addition,
and a portion of the Northwest Quarter, of
the Southeast Quarter, of Section 20, Twp.
79 North, Range 6 West of the 5th P.M.,
Ordinance No.
Page 2
97-3816
Johnson County, Iowa, according to the plat
thereof recorded in Book 31, Page 309, Plat
Records of Johnson County, Iowa, and
BEGINNING AT THE SOUTHEAST
CORNER OF LOT 2, SCOTT'S THIRD
ADDITION, JOHNSON COUNTY, IOWA IN
ACCORDANCE WITH THE PLAT
RECORDED IN BOOK 32, AT PAGE 303,
OF THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE; THENCE
S89°16'13"W, ALONG THE SOUTH LINE
OF SAID LOT 2, A DISTANCE OF 3.84
FEET, TO A POINT ON THE CENTERLINE
OF NAPLES AVENUE SW; THENCE
NORTHWESTERLY 599.51 FEET, ALONG
THE CENTERLINE OF NAPLES AVENUE
SW AND A 818.51 FOOT RADIUS CURVE
CONCAVE SOUTHWESTELRY, WHOSE
586.20 FOOT CHORD BEARS
N22°53'38"W TO A POINT ON THE
NORTHWESTERLY LINE OF SAID LOT 2;
THENCE N45°45'55"E, ALONG SAID
NORTHWESTERLY LINE AND THE
SOUTHEASTERLY RIGHT OF WAY LINE
OF US HIGHWAY No. 1, A DISTANCE OF
40.00 FEET TO THE NORTHEAST
CORNER THEREOF; THENCE
S42°02'30"E, ALONG THE EASTERLY
LINE OF SAID LOT 2, A DISTANCE OF
258.42 FEET; THENCE S00°25'45"W,
ALONG SAID EASTERLY LINE, 68.33
FEET; THENCE S89°34'15"E, ALONG SAID
EASTERLY LINE 33.00 FEET; THENCE
S00°25'45"W, ALONG SAID EASTERLY
LINE 307.41 FEET, TO THE POINT OF
BEGINNING. SAID TRACT OF LAND
CONTAINS 0.56 ACRES, AND IS SUBJECT
TO EASEMENTS AND RESTRICTIONS OF
RECORD.
SECTION II. ZONING MAP. The building official
is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa to con-
form to this amendment upon the final passage,
approval and publication of this ordinance as pro-
vided by law.
SECTION III. CONDITIONAL ZONING
AGREEMENT. The Mayor is hereby authorized
and directed to sign, and the City Clerk to attest,
the Conditional Zoning Agreement between the
property owners and the City, following passage
and approval of this ordinance.
SECTION IV. CERTIFICATION AND
RECORDING. The City Clerk is hereby author-
ized and directed to certify a copy of this ordi-
nance and the conditional zoning agreement.
Ordinance No. 97-3816
Page 3
SECTION V. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section,
provision or part of the Ordinance shall be ad-
judged to be invalid or unconstitutional, such ad-
judication shall not affect the validity of the Ordi-
nance as a whole or any section, provision or part
thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage, ap-
proval and publication, as provided by law.
Passed and approved this 16th day of
December ,19 97
ppdad min\ord\naples.doc
Ordinance No. 97-3816
Page 4
It was moved by Thornberry and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thomberry
Vanderhoef
Norfon
that the
First Consideration
Vote for passage:
Kubby, Lehman, NAYS:
]1/1g/g7
AYES: Norton, Novick, Thornberry,
None. ABSENT: Baker.
Vanderhoef,
Second Consideration 1?/q/q7
Voter or passage:AYES: Lehman, Norton, Novick, Thornberry, Vanderhoef,
Baker, Kubby. NAYS: None. ABSENT: None.
Date published 12/24/97
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "the City"), and Randy M. and Tamara J. Miller (hereinafter collectively referred to as
"Owners").
WHEREAS, Owners have requested the City to annex and rezone 3.37 acres of property located
southeast of the intersection of Iowa Highway 1 and Naples Avenue, from the County designation
of CP-1, Planned Commercial, to C1-1, Intensive Commercial; and
WHEREAS, Iowa Code Section 414.5 (1997) provides that the City of Iowa City may impose
reasonable conditions on granting Owners' rezoning requests, over and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, it is a stated policy in the City's Comprehensive Plan to preserve and enhance the
entranceways to Iowa City, as the visual impression projected of the City through its
entranceways can contribute to the economic and social welfare of Iowa City by making it a more
attractive place to live and work; and
WHEREAS, Owners acknowledge that certain conditions and restrictions are appropriate in order
to ensure appropriate development at an entranceway to Iowa City; and
WHEREAS, Owners have agreed to develop the property in accordance with the terms and
conditions of this Conditional Zoning Agreement to ensure appropriate development of this
property.
NOW, THEREFORE, in consideration of mutual promises made herein, the parties agree as
follows:
The Owners are the owners and legal title holders of property located southeast of the
intersection of Iowa Highway I and Naples Avenue, which is more particularly described
as follows:
Lot 5, Scott's Second Addition, A Resubdivision of Lot 2, Scott's First
Addition, and a portion of the Northwest Quarter, of the Southeast
Quarter, of Section 20, Twp. 79 North, Range 6 West of the 5th P.M.,
Johnson County, Iowa, according to the plat thereof recorded in Book 31,
Page 309, Plat Records of Johnson County, Iowa, and
BEGINNING AT THE SOUTHEAST CORNER OF LOT 2, SCOTT'S
THIRD ADDITION, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH
2
THE PLAT RECORDED IN BOOK 32, AT PAGE 303, OF THE
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE;
THENCE S89°16'13"W, ALONG THE SOUTH LINE OF SAID LOT 2, A
DISTANCE OF 3.84 FEET, TO A POINT ON THE CENTERLINE OF
NAPLES AVENUE SW; THENCE NORTHWESTERLY 599.51 FEET,
ALONG THE CENTERLINE OF NAPLES AVENUE SW AND A 818.51
FOOT RADIUS CURVE CONCAVE SOUTHWESTELRY, WHOSE 586.20
FOOT CHORD BEARS N22°53'38"W TO A POINT ON THE
NORTHWESTERLY LINE OF SAID LOT 2; THENCE N45°45'55"E,
ALONG SAID NORTHWESTERLY LINE AND THE SOUTHEASTERLY
RIGHT OF WAY LINE OF US HIGHWAY No. 1, A DISTANCE OF 40.00
FEET TO THE NORTHEAST CORNER THEREOF; THENCE
S42°02'30"E, ALONG THE EASTERLY LINE OF SAID LOT 2, A
DISTANCE OF 258.42 FEET; THENCE S00°25'45"W, ALONG SAID
EASTERLY LINE, 68.33 FEET; THENCE S89°34'15"E, ALONG SAID
EASTERLY LINE 33.00 FEET; THENCE S00°25'45"W, ALONG SAID
EASTERLY LINE 307.41 FEET, TO THE POINT OF BEGINNING. SAID
TRACT OF LAND CONTAINS 0.56 ACRES, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
Owners acknowledge that the City wishes to ensure that the development of the subject
property is appropriate for an entranceway to Iowa City. Therefore, Owners agree to
certain conditions over and above City regulations in order to achieve development
adequate in appearance for this entranceway to Iowa City.
In consideration of the City's rezoning the subject property from County CP-1 to C1-1,
Owners agree that development and use of the subject property will conform to all
requirements of the C1-1 zone as well as the following additional conditions:
No outdoor storage of merchandise or materials shall occur within 100 feet of the
Iowa Highway 1 right-of-way. Outdoor storage areas located beyond the 100 feet
of the Highway 1 right-of-way shall be screened with a solid wall at least 6 feet in
height, and a planted landscaped bed a minimum of 15 feet in width shall be
located along the outside of the wall.
Loading docks and receiving areas shall not be located on any wall facing Highway
1. Loading docks which are visible from Highway 1 must be screened from any
such view.
The periphery of all parking areas shall have planted landscaped beds at least 15
feet in width.
d. No more than one free standing sign shall be permitted on the property.
Landscaped beds a minimum of 5 feet in width shall be provided along at least
25% of front building elevations, and shall be planted with a variety of evergreen
and deciduous shrubbery.
3
No direct access to Iowa Highway I shall be permitted. Only one access to Naples
Avenue shall be permitted, at least 150 feet from the Highway 1 right-of-way.
go
A development concept plan and building elevation shall be submitted to the
Department of Planning and Community Development pdor to development. The
Director of the Department of Planning and Community Development shall
approve concept plan and building design based on the criteda listed above.
Decisions of the Director may be appealed to the City Council upon
recommendation of the Planning & Zoning Commission.
The parties acknowledge that the conditions contained herein are reasonable conditions to
impose on the land under Iowa Code 414.5 (1997) and are appropriate conditions required
to ensure an acceptable appearance of development at an entranceway to Iowa City.
Owners acknowledge that in the event subject property is transferred, sold, redeveloped or
subdivided, all redevelopment will conform with the terms of this agreement.
The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with the title to the land and shall remain in full force
and effect as a covenant running with the title to the land, unless or until released of record
by the City. Parties further acknowledge that this Agreement shall inure to the benefit of
and bind all successors, representatives and assigns of the parties. Further, the parties
agree and acknowledge that no private agreements to the contrary shall relieve the
property of the above covenants and obligations, and that any amendment or release of
the above conditions and obligations shall necessarily require the participation of the City.
Nothing in this Agreement shall be construed to relieve the Owners from complying with all
applicable, local, State and Federal regulations.
8. The parties agree that the Iowa City City Clerk shall .record this Conditional Zoning
Agreement in the Johnson County Recorder's Office at Owners' expense.
Dated this /~ day of ._[)~-~../~_,-- ,1997.
OWNERS
Randy M..l~ller
CITY OF IOWA CITY
Naolmi J. h/oqick, Mayor
Attest: Mari~ar~r. C,~cler~
· , ty ,/
A p ove,
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~, '~ day of ~ o..~-~ , 19 ~ 7, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared '"~',,.,,,~,-o. _-'t' N~ ',tLe£
, to me known to be the identical person.(~named in and who executed
the w.~in and foregoing instrument, and acknowledged that (he h/~they) executed the same as
(~heif-) voluntary act and deed.
TIMOTHY .q. QRADY
MY COMI~.IS~IO~I EXPiR.C$
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~.--~ day of ¥,3~.~-~_~ , 19 ~"7, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared ~.~.~,-,t~j ~. /A:[(_o£
, to me known to be the identical pers_on.(A) named in and ~ho executed
.~within and foregoing instrument, and acknowledged that h~:h~they) executed the same as
(h(,.~her-/0:~k) voluntary act and deed.
Notary Public in and for the State of Iow~,7
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /&*/" day of --l~e_ce-r-~g._v'- 19 ~-~ before me,
$o,~,/r.~.,, ~--a~'-~' , a Notary Public in and for the State of
Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and,
who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the
City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the corporation, by
authority of its City Council, as contained in (Ordinance) (t'~o~olution) No. ¥7~ ~g'/~,, passed
by the City Council, on the /~, ~'~ day of .O,,_,-,,~.,]a~--- , 19 ~ 7 , and that
Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
ppdad min~agt~niller.doc
Notary Public in and for the State of Iowa
ORDINANCE NO. 97-3817
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE
OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE
WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA.
WHEREAS, pursuant to Chapter 384, Code of Iowa (1997), the City of Iowa City is authorized to
establish and provide for the collection of rates to pay for the City's utility systems, including the City's
wastewater treatment facility system; and
WHEREAS, wastewater rates, which were last increased in 1997, are proposed to be increased to
generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt
service for the City's wastewater treatment facilities; and
WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards,
and is planning to make improvements to double the treatment capacity of the existing South
Wastewater Treatment Plant, and to construct a wastewater interceptor line to connect the two
wastewater treatment plants; and
WHEREAS, wastewater rates for fees and charges will fund these projects over time; and
WHEREAS, the Iowa City City Council proposes to increase wastewater user fees by 10% for billings
on or after March 1, 1998 to finance the necessary improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, Section 4, entitled "Wastewater Treatment Works User
Charges," of the City Code should be and is hereby amended by repealing Section 3-4-4 and enacting
in lieu thereof a new section 3-4-4 entitled "Wastewater Treatment Works User Charges" to read as
follows:
Ordinance No. 97-3817
Page 2
3-4-4:
Sanitary Sewer Service Charges;
Description of Fee, Charge, Bond,
Fine or Penalty
Minimum Monthly Charge (includes the First
100 Cu. Ft. of Water Used)
WASTEWATER TREATMENT WORKS USER CHARGES:
Amount of Fee,
Charge, Bond,
Fine or Penalty
$ 5.92
Monthly Charge for Each Additional 100 Cu. Ft.
of Water Used
Monthly Surcharge
BOD (per pound) 300 or less MPL*
BOD (per pound) from 301 MPL to 2000 MPL*
BOD (per pound) greater than 2000 MPL*
Suspended Solids (SS) (per pound)
Monthly Minimum, Unmetered User
Manufactured Housing Park, Monthly Minimum
Per Lot
Holding Tank Waste
Holding Tank Waste Hauler - Annual Permit
Deposit and Delinquency Fee for Combined City
Water and/or Sanitary Sewer and/or Solid Waste
Collection Accounts
Residential owner account, per combined
residential service for City water and/or
sanitary sewer and/or solid waste collection
service
Residential tenant account, per combined
residential service for City water and/or
sanitary sewer and/or solid waste collection
service
Five (5) percent delinquency charge on
current billed portion of the outstanding
amount on combined water and/or sanitary
sewer and/or solid waste account that is not
paid within twenty-two (22) days of billing
date.
Delinquency Deposit Fee for Combined City Water
and/or Sanitary Sewer and/or Solid Waste Collection
Accounts
2.90
Included in
charge for 100
cu.ft.of water
used
.25
.375
.20
26.68
26.68
$.03 per gallon
$800 per year
$0
$80.00
5% current
billed portion
An amount
equal to an
average two-
month billing
for the delin-
quent account
City Code
Chapter, Article or
Section Reference
14-3A-4
14-3A-4
14-3A-4
14-3A-4
14-3A-4
14-3A-4
14-3A-4
14-3A-4
14-3A-4
14-3A-4
14-3A-7
14-3A-5
*Milligrams per liter (MPL)
Ordinance No. 97-3817
Page 3
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 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, to be collected as set forth in § 14-3A-4, City Code.
Passed and approved this 1Rth day of r)PcemheY' ,1997.
CITY~L-ERK
I/-?-? ?
Date
finadm\increas6.ord
Ordinance No. 97-3817
Page 4
It was moved by Lehman and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thomberry
Vanderhoef
V~nHmrhn~i= that the
First Consideration 11/18/97
Vote for passage: AYES: Kubby, Lehman,
Vanderhoef. NAYS: None. ABSENT: Baker.
Norton, Novick, Thornberry,
Second Consideration 12/9/97
Vote for passage:AYES:Norton, Novick, Thornberry, Vanderhoef, Baker,
Kubby, Lehman. NAYS: None. ABSENT: None.
Date published 12/24/97
Prepared by: Don Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5052
ORDINANCE NO. 97-3818
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES,"
CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
PENALTIES" OF THE CITY CODE, TO INCREASE WATER SERVICE CHARGES AND
FEES IN IOWA CITY, IOWA.
WHEREAS, pursuant to Chapter 384, Code of Iowa (1997), the City of Iowa City is authorized to establish
and provide for the collection of rates to pay for the City's utility systems, including the City's water supply and
treatment system; and
WHEREAS, water rates, which were last increased in 1997, are proposed to be increased to generate
adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service for
the City's potable water supply and treatment system; and
WHEREAS, the City of Iowa City is required to comply with federal safe drinking water standards, and is
planning to construct a new water supply and treatment facility and distribution system; and
WHEREAS, water rates for fees and charges will fund this major project over time; and
WHEREAS, the Iowa City City Council proposes to increase water user fees by 15% for billings on or after
March 1, 1998 to finance the necessary improvements.
WHEREAS, the Iowa City City Council desires to provide for a delinquency charge of five (5) percent of the
current portion of a city utility bill that is not paid within twenty-two (22) days of the billing date.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, Section 3, entitled "Potable Water Use and Service," of the
City Code is hereby amended by:
a. Repealing the subsection entitled "Water Service Charges" in Section 3-4-3 and adding a
new section entitled "Water Service Charges" to read as follows:
Amount of Fee, Charge,
Bond, Fine or Penaltv
Water Service Charges (14-3A-4)
Minimum monthly user charges
for water service for the first 100
cubic feet or less of water used,
based on meter size
Meter Size March 1, 1998
(Inches) Char. qe
$5.90
3~ 6.46
1 7.61
1Y2 15.18
2 20.41
3 37.72
4 65.80
6 132.42
The minimum charges for larger meters will be based on comparative costs to a 6" meter. The minimum
monthly charge for an account holder who furnishes and maintains the meter at the account holder's cost will
be based on the minimum for a _" meter, regardless of the size.
Ordinance No. 97-3818
Page 2
There will be no minimum monthly charge for a single-purpose water meter from November to March for
those months during which no water is used.
Monthly user charges for water in
excess of 100 cu. ft. per month for
dual purpose water meters
Single-purpose meter charges for water
in excess of 100 cu. ft. per month
Returned check/automatic bank debit for
payment of water services
Discount for combined accounts enrolled
in sure pay, per billing
Month/y March 1, 1998
Usage Char. qe
(Cu. Ft.)
100 to 3,000 $2.76/100 cu. ft.
cu.ft.
Over 1.98/100 cu. ft.
3,000
cu.ft.
Over 100 $2.76/100 cu. ft.
Char. qe
$10.00
1.00
Repealing the subsection entitled "Deposit Fee for Combined City Water and/or
Sanitary Sewer and/or Solid Waste Collection Accounts" to read as follows:
Deposit and Delinquency Fee for Combined City Water and/or Sanitary Sewer
and/or Waste Collection Accounts (14-3A-5)
Residential owner account, per combined residential 0.00
service for City water and/or sanitary sewer and/or
solid waste collection service
Residential tenant account, per combined residential
service for City water and/or sanitary sewer and/or
solid waste collection service
80.00
Commercial account
An amount equal to an average
2-month billing for commercial
service for City water and/or
sanitary sewer service
Five (5) percent delinquency charge on current billed portion of the outstanding
amount on combined water and/or sanitary sewer and/or solid waste account that is
not paid within twenty-two (22) day of billing date.
Go
Repealing the subsection entitled "Fees and Charges for Various Consumer
Services" in Section 3-4-3, and adding a new subsection entitled "Fees and Charges
for Various Consumer Services" to read as follows:
Fees and Charges for Various Consumer Services
(Various sections in Title 14, Chapter 3, Article C)
Ordinance No. 97-3818
Page 3
Extension of Maior Feeder Lines (Oversizina)
Cost is $395.00/acre
Installation and Connection Fees
Size (Inches) Cost (Per Linear Foot)
6 $20.10
8 22.35
10 26.80
12 33.20
16 44.00
Service Fees
Reconnection of discontinued
service
Fee During Normal
Working Hours
$20.00
Fee After Normal
Working Hours
$40.00
Posting fee for shutting off water
in collection procedure
Check leaky water meters
Frozen water meters
$20.00
No charge
$20.00, plus cost of
meter repair
Not done after normal
working hours
No charge
$40.00, plus cost of
meter repair
Shut-off of water service at curb
and check for exterior leaks
No charge
$40.00, plus hourly rate
for time over 2 hours
Broken hydrant
Location of water main for other
utilities
Repair cost
No charge
$40.00, plus repair
No charge
Location of City owned water main
for private enterprise
Check water meter accuracy at
consumer's request
Annual fire hydrant fee for inspec-
tion and operation of fire hydrants
which are privately owned or owned
by other governmental agencies
No charge
$35.00
If meter is found to be
recording accurately
$50.00
$40.00, plus hourly rate
for time over 2 hours
Not done after normal
working hours
Not done after normal
working hours
Ordinance No. 97-3818
Page 4
If service is requested outside normal working hours, a $30.00 after-hour fee shall be charged in
addition to the normal working hour fee. In addition, when service time after hours exceeds 2 hours,
an additional charge will be added to cover equipment expense and actual employee wages,
including overtime. The Water Service Division's normal working hours are 8:00 A.M. to 4:30 P.M.
daily.
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 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, to be collected as set forth in §14-3A-4, City Code.
Passed and approved this _ 16t~L day of December- ,1997.
MAYOR~ ~
ATTEST. CI C ~E R~~~~~~-
Date
f inadm ~oro~increas 7.doe
Ordinance No. 97-3818
Page 5
It was moved by Norton and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thomberry
Vanderhoef
I phm~n that the
First Consideration
Vote for passage:
Vanderhoef, Kubby .
11/18/97
AYES: Lehman, Norton,
NAYS: None. ABSENT:
Novick, Thornberry,
Baker.
Second Considemtion 12/9/97
Votefor passage: AYES: Thornberry, Vanderhoef, Baker, Kubby,
Norton, Novick. NAYS: None. ABSENT: None.
Date published 12/24/97
Lehman,
Prepared by: Donald J. Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 319-356-5052
ORDINANCE NO. 97-3819
ORDINANCE AMENDING TITLE 3, "CITY FI-
NANCES, TAXATION AND FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES AND PENALTIES" OF THE CITY
CODE, TO ADD A DELINQUENCY CHARGE OF
FIVE PERCENT TO SOLID WASTE.
WHEREAS, the City would like to provide
for a delinquency charge to be assessed on the
current portion of a City utility bill if the bill is
not paid within twenty-two (22) days of the
billing date.
WHEREAS, the amount of said delinquency
charge shall be as provided in Title 3, Chapter
4, which shall be five (5) percent of the current
portion of the bill, unless otherwise amended.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4,
Section 5, entitled "Solid Waste Disposal," of
the City Code is hereby amended by repealing
a subsection of Section 3-4-5 entitled "Deposit
Fee Combined for City Water and/or Sanitary
Sewer and/or Solid Waste Collection
Accounts", Section 14-3A-5 and enacting in
lieu thereof a new subsection 3-4-5 entitled
"Deposit and Delinquency Fee Combined for
City Water and/or Sanitary Sewer and/or Solid
Waste Collection Accounts", Section 14-3A-5
to read as follows:
Ordinance No. 97-3819
Page 2
Description of Fee, Charge,
Bond, Fine, or Penalty Charge
Deposit and Delinquency
Fee Combined for City
Water and/or Sanitary
Sewer and/or Solid Waste
Collection Accounts,
Section 14-3A-5
Residential owner ac-
count, per combined
residential service for
City water and/or sani-
tary sewer and/or solid
waste collection service
$0.00
Residential tenant ac-
count, per combined
residential service for
City water and/or sani-
tary sewer and/or solid
waste collection service
$80.00
Five (5) percent delin-
quency charge on cur-
rent billed portion of the
outstanding amount on
combined water and/or
sanitary sewer and/or
solid waste account that
is not paid within twen-
ty-two (22) days of
billing date.
5% current
billed portion
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION III. 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 unconsti-
tutional.
Ordinance No. 97-3819
Page 3
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, to be collected as set
forth in § 14-3A-4, City Code.
Passed and approved this 16thday of
December ,19 97 .
MAYOR'~(~' '~~h~-~"
CITY C LEh~K
/x- ?-? 2
Date
finadm\delfee.ord
Ordinance No. 97-3819
Page 4
It was moved by Thornberrv and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Baker
X Kubby
X Lehman
X Norton
X Novick
X Thomberry
X Vanderhoef
VandPrhnPf that the
First Consideration 11/18/97
Vote f or passage: AYES: Novick, Thor'nber`ry, Vander'hoer, Lehman,
Norton. NAYS: Kubby. ABSENT: Baker`.
Second Consideration ] ?lq/q7
Vote f or passage:AYES: Vander'hoer, Baker', Lehman, Norton, Novick,
THor`nber`r`.y. NAYS: Kubby. ABSENT: None.
Date published 12/24/97
City of Iowa City
MEMORANDUM
Date: December 15, 1997
To: The Honorable Mayor Naomi Novick and Members of the City Council
From: Sarah E. Holecek, First Assistant City Attorney~
Re: Legality of Administrative and Delinquent Charges for Sewer and Water Bills
You have asked that I look into the legality of the five percent (5%) late penalty/delinquency
charge on current billings proposed for water service, solid waste and wastewater service,
particularly in light of recent litigation conceming such late-fee charges as imposed by cable
television service providers. It is important to note that, as a municipal corporation with home
rule powers, the City is authorized to own and operate utilities, and to applicable rates as
provided by the statutory rate-setting procedure. Thus, as municipality is not subject to the
limits of the usury statute or other utility regulations in charging interest by way of a late-
payment penalty. This question was squarely addressed by the Iowa Supreme Court in State
of Iowa v. City of Altoona, 274 N.W.2d 366 (1979). Briefly, the Iowa Supreme Court found that
the provisions of Iowa Code §384.84, when coupled with the provisions of Iowa Code §384.93,
permits a city to charge interest rates for the provisions of utilities which, except for the fact that
said rates are provided by local ordinance pursuant to Chapter 384, might otherwise run afoul
of usury and/or consumer credit laws.
Iowa Code §384.84 (1997) provides in relevant part as follows:
The governing body of a city utility, combined utility system, city enterprise, or combined
city enterprise may establish, impose, adjust, and provide for the collection of rates and
charges to produce gross revenues at least sufficient to pay the expenses of operation
and maintenance of the city utility, combined utility system, city enterprise, or combined
city enterprise.
Iowa Code §384.93 (1997) provides in relevant part as follows:
The enumeration in this division of specified powers and function is not a limitation of
the powers of cities, but the provisions of this division and the procedures prescribed
for exercising the powers and functions enumerated in this division control and govern
in the event of any conflict with the provisions of any other section, division or chapter
of the city code or with the provisions of any other law.
In Cib/of Altoona, the Court interpreted the above two sections by holding that the legislature
intended the rate-making power of the city to be exclusive, and as late payment charges are
statutodly included in the definition of rates, the body having the authority over said rates also
has the ability to fix such charges. Id. at 368. Further, the Court also concluded that the
legislature, in authorizing municipalities to own and operate utilities, not only empowered the
governing body to fix rates, but also provided that the governing body's decision would control
in case of conflict with "any other law". Thus, provided the goveming body follows the statutory
rate making procedures outlined in Iowa Code §384.84, the goveming body has the discretion
to exercise control in establishing all rates, including late charges.
believe this addresses the legal issues brought out at your December 9, 1997 work session.
If you have any questions regarding this matter, please feel free to contact me.
CC:
Eleanor M. Dilkes, City Attorney
Steve Arkins, City Manager
Madan Karr, City Clerk
Don Yucuis, Finance Director
sarah\council\chrgs.mmo
366 iowa 274 NORTH WESTERN
(4) Actual and proximate causation of
the emotional distress by the defend-
ant's outrageous conduct.
[5, 6] Instruction 18 permitted the jury
to assess damages on a finding of simple
negligence unattended by any of the neces-
sary factors above set out. Under the gen-
era[ rule that abstract statements of law
are not enough and that instructions should
present the issues fully and completely so
the jury may properly decide the actual
matters in controversy, this instruction
must be held fatally deficient. The trial
court should have delineated the circum-
stances under which recovery could be al-
lowed for mental anguish. Hagenson v.
United Telephone Co. o£ Iowa, 209 N.W.2d
76, 82-83 (Iowa 1973); Gibbs v. Wilmeth,
2(;1 Iowa 1015, 1021-23, 157 N.W.2d 93
(196S).
[7] We believe there was evidence to
support such a verdict, but the instruction
under which the jury considered the issue
was wrong. The trial court recognized this
in the order granting a new trial. We hold
this was a proper exercise of trial court
discretion.
[8] Since there must be a re-trial of this
case, it is desirable to mention one other
matter, although it was not raised on this
appeal. In instructing on damages, the tri-
al court treated Mr. and Mrs. Wambsgans
as a single plaintiff for fixing the damages
for mental anguish. This .was error. Men-
tal anguish is suffered individually, not
jointly, and differs greatly from person to
person.
In the event of re-~.rial and in the event
the question of such damages is submitted
to the jury, the jury should be told to fix
damages for menta[ anguish or emotional
distress separately according to what each
plaintiff is entitled to.
AFFIRMED.
REPORTER. 2d SERIES
STATE of Iowa ex tel. Richard C.
TURNER, Attorney
General, Appellee.
V.
The CITY OF ALTOONA. Appellant.
No. 81302.
Supreme Court of Iowa.
Jan. 9,4, 1979.
City appealed from a decree of the Polk
District Court, James P. Denato, J., holding
that an ordinance establishing a late-pay-
ment charge on bills issued by the city-
owned waterworks is usur/ous. The Su-
preme Court, LeGrand, J., held that in au~
thorizing municipalities to own and operate
utilities, the Legislature not only empow-
ered the governing body to fix rates but
also provided thkt its decision should control
in case of conflict with "any other law"; by
this provision, the Legislature intended the
statutory rate-setting procedure, with right
of judicial review, to contro~ in fixing all
rates, including late charges; thus, a munic-
ipality is not subject to the limits of the
usury statute in charging interest by way
of a late-payment penalty.
Reversed and remanded.
MeGiverin and Larson, JJ., took no
1. Statutes ~184
Supreme Court's duty :,s to seek out tJ~e
legislative intent in order to g-ire effect to
· '.he purpose and design of enactments, and
this is especially true when it ¢on~tmee j.
statutes for the first time.
2. Usury ~:~61
In authorizing municipalities to ~..-
and operate utilities, the LegiMatu-'~
only empowered the governing body
rates but also provided that i~
should control in case of conflict
other law"; by this provision, th~ l,
ture intended the statutory r~ ~
tel. Richard C.
tttorney
~pellee.
,ONA, Appellant.
~02.
r. of Iowa.
1979.
a decree of the Polk
Denato, J., holding
~lishing a late-pay-
.ssued by the city-
usurious. The Su-
J., held that in au-
to own and operate
e not only empow-
ty to fix rates but
~ision should control
'any other law"; by
datum intended the
:ocedure, with right
ontrol in fixing all
cges; thus, a munic-
o the limits of the
ng interest by way
ty.
nded.
.rson, JJ., took no
r.y is :o seek out the
er to give effect to
,)f enactments, and
when it constrUe~
nicipalities to o~
:he Legislature
verning body to f'~
d that its deei~O:
f conflict with
~vision, the
~tutory
STATE EX REL. TURNER v. CITY OF .~LTOONA
Cite as 274 N.W.2d 3~
procedure. with right of judicial review, to
control in fixing all rates, including late
charges; thus, a municipality is not subject
to the limits of the usury statute in charg-
ing interest by way of a late-payment pen-
alty. I.C.A. ,5,5 384.84, 384.93, 535.4.
Ed Skinner, P. C., Altoona, for appellant.
Richard C. Turner, Arty. Gem, and Julian
B. Garrett, Asst. Arty. Gem, for appellee.
En bane.
LeGRAND, Justice.
This is a contest between the state and
one of its municipalities brought by the
Attorney General to enjoin the defendant
city from collecting a late-payment charge
authorized by ordinance on bills issued by
the city-owned waterworks. The city ap-
peals from a decree finding the ordinance
violates the Iowa usury statute contained in
Chapter 535, The Code, 1977. We reverse
and remand.
The pertinent part of the ordinance is as
follows:
"Bills for water shall be due and pay-
able quarterly ' ' ' and a 10 per
cent penalty shall be added if not paid by
the 15th day of the respective month in
which said water bill is due. * * '
The town [of Altoona] reserves the right
to discontinue water service, and the su-
perintendent of public works or clerk is
hereby authorized to discontinue service
a~ the expiration of 30 days from and
a~:er any water charges are due, in ar-
rears and unpaid."
The Iowa usury statute is found in Chap-
:¢r 535, The Code. It provides that interest
shall not exceed 5 per cent unless the par°
::.~-~ agree in writing for a higher rate not
:o <~ceed 9 per cent (,5 535.2). The chapter
:"at:her provides in ,5 535.4 as follows:
"No person shall, directly or indirectly,
receive in money or in any other thing, or
!n any manner, any greater sum or value
for the loan of money, or upon contract
founded ~pon any sale or loan of real or
personal property, than is in this chapter
prescribed."
Io,va 367
There is little dispute about the facts. It
is conceded the above statute applies to
governmental subdivisions. See definition
of "person" in ,5 4.1(13), The Code. It is
further conceded the charge exceeds the
permissible interest allowed under Chapter
535. We also take it as admitted that the
late-payment charge is interest as that term
is defined in State of l'owa, ex rel. Turner v.
Younker Bros., Inc., 210 N.W.2d 550, 554,
559 (Iowa 1973). Thus, the issue to be
decided is whether our usury statute (Chap-
ter 535, The Code) is applicable to rates
fixed by defendant under the authority of
§ 384.84, The Code.
The state alleges the city is "openly, pub-
licly, repeatedly, continuously, persistently,
and intentionally violating Chapter 535,
Code of Iowa 1977, by charging its custom-
ers this illegal and usurious interest." The
city admits it imposes and collects the pen-
alty charge and that it intends to continue
doing so, but denies any violation of Chap-
ter 535.
The city flied a motion for adjudication
of law points under Rule 105, Rules of Civil
Procedure. The parties agreed a resolution
of this motion would also dispose of the case
on its merits. Accordingly, they asked the
court to consider the motion as a final sub-
mission.
The trial court entered judgment finding
the late-payment charge is usurious and
enjoining its collection. In reaching this
conclusion, the trial court relied heavily on
Younkers. On this appeal, the city's princi-
pal authority is State of Iowa, ex tel. Turn-
er ;'. £owa Elec;ric Ligh; and Power Co.,
'~0 N.W.2d 912, 914 (Iowa 1976).
The latter case involved the rate struc-
ture of a public utility. There are signifi-
cant differences between a public utility
and a city owned one which limit Iowa
Electric's influence on this appeal. How-
ever, that decision did establish that late-
payment charges fall with the "general cat-
egory of rates, charges, schedules, scrviee,
[and] regulations" under § 475.1, The Code.
See 240 N.W.2d at 914. We believe this is
applicable, too, with reference to rates fixed
368 Iowa 274 NORTH WESTERN
by the city council under §§ 384.80(6) and
384.84, The Code.
The city argues the grant of authority
over rates under § 384.84 is plenary. The
state takes the opposite view, as did the
trial court, arguing that the city, like every-
one else, is subject to the limits of § 535.4 in
charging interest by way of late-payment
penalty.
The question has not previously been be-
fore us. On the surface the state's position
appear~ unanswerable. However, this does
not hold up when we consider § 384.93 as it
relates to § 384.84. We set out the perti-
nent portions of these two statutes:
"384.84. 1. The governing body of a
city utility, combined utility system, city
enterprise, or combined city enterprise
may establish, impose, adjust, and pro-
vide for the collection of rates to produce
gross revenues at least sufficient to pay
the expenses of operation and mainte-
nance of the city utility, combined.utility
system, city enterprise, or combined city
enterprise."
"384.93. The enumeration in this divi-
sion of specified powers and functions is
not a limitation of the powers of cities,
but the provisions of this division and the
procedures prescribed for exercising the
powers and functions enumerated in this
division control and govern in the event
of any conflict with +.he provisions of any
other section, division or chapter of the
city code or with the provisions of any
other law."
[1] Does § 384.93 permit the city to
charge interest rates which, except for its
provisions, would be admittedly usurious?
This depends on the interpretation to be
given the two statutes set out above. Our
duty is to seek out the legislative intent in
order to give effect to the purpose and
design of the enactments. This is especially
true when we construe statutes for the first
time. Doe v. Ray, 251 N.W.2d 496, 500-501
(Iowa 1977); State o1' Iowa, ex tel. Iowa
State Highway Commission v. City of Dav-
enport, 219 N.W.2d 503, 507 (Iowa 1974);
Osborne v. Edison, 211 N.W.2d 696, 697
REPORTER, 2d SERIES
(Iowa 1973); In re Estate ,)f De ;':':es. 203
N.W.2d 308, 310 (Iowa 1972): Cedar Memo-
rim Park Cemetery Assn. v. Personnel Asso-
ciates, Inc., 178 N.W.2d 343. 350 ,lows
1970): Rule 14(f)(13), Rules of Ap.eeiiate
Procedure.
The trial court resolved this probie..m by
reconciling §§ 384.84 and 535.4, appiying
the former only within the limits permitted
by the latter. While this is indeed one of
several possible interpretations, we reach an
opposite result. We believe the legislature
intended the rate-making power of the city
to be exclusive. As pointed out earlier, late
payment charges are included within the
definition of rates. The body having the
authority over rates should also have the
right to fix these charges.
We should point out the state does not
claim the charge is unreasonable, only that
it violates our usury statute. This does not
defeat the purpose of usury laws, which are
designed to protect against excessive inter-
est charges. See 45 Am.Jur.2d Interest and
Usury, § 4 (1969). The legislature has sim-
ply substituted one kind of protection for
another.
[2] In authorizing municipalities to own
and operate utilities, the legislature not
only empowered the governing body to fix
rates but also provided its decision should
control in case of conflict with "any other
law." By this provision, we believe the
legislature intended the statutory procedure
set out in § 384.84, with fight of judicial
review, should control in fixing al! rates,
including late charges. Thus we hold
§ 535.4 does not inhibit the late payment
charge assessed here.
Cases from other jurisdictions offer
help because our '
usury statute is one of t!~
few which include within their.
credit sales as well as loans. /~ee discu.~a~:
in State o£ Iowa, ex re/. Turner v. You~.'.'
Bros., Inc., 210 N.W.2d at 558-59.
In view of our conclusion, we needo'
consider other issues raised by
The judgment is reversed and remSrot
entry of judgment for the city and ·
~e Vr~es, 203
Cedar Memo-
~rsonnel Asso-
-3. 350 (Iowa
of Appellate
:s problem by
{5.4, applying
nits permitted
.ndeed one of
.s, we reach an
:he legislature
ver of the city
ut earlier, late
ed within the
Jy having the
aisc have the
;%ate does not
able, only that
This does not
aws, which are
xcessive inter-
2d Interest and
ature has sire-
protection for
palities to own
egislature not
ng body to fix
iecision should
'ith "any other
~'e believe the
: tory procedure
~ht of judicial
~ing all rates,
7bus we hold
. late payment
'tions offer no
:e is one of the
~,ir proscription
See discussion
-her v. Younker
,,,, we need not
,i by the
,d remand~l
.ity and a di~.-
IN RE MARRIAGE OF WELSHER Iowa 369
Cite as 274 N.W.2d 369
lution of the injunction enjoining collection be allowed $500 as attorney fees to be taxed
of the penalty charges. as costs against husband.
REVERSED and REMANDED. Affirmed.
All Justices concur except McGIVERIN
and LARSON, JJ., who take no part.
NUMBER SYSIE ~
In re the MARRIAGE OF Charlotte
Evelyn WELSHER and Lawrence
Eugene Weisher.
Upon the Petition of Charlotte Evelyn
WELSHER, Appellee,
V.
and Concerning Lawrence Eugene
WELSHER, Appellant.
No. 61212.
Supreme Court of Iowa.
Jan. 24, 1979.
Divorced wile filed application for cita-
tion for contempt due to divorced husband's
~ailure to satisfy his child support obliga-
:ion under dissolution of marriage decree.
The Polk District Court, Richard Striekler,
· f.. fi)und husband ia contempt and refused
~,, reduce his child support arrearage by
:allowing equitable defense, and husband ap-
?~aled. The Supreme Court, MeGiverin, J.,
neid that: !1) merits of husband's equitable
'iefense that his child support obligations
~mmht be reduced by amount of support
payments accruing during the extended
periods of his care of two of the children
'&'as not properly reviewable in certiorari
Proceeding in review of the order finding
husband in contempt; (2) such equitable
defense had to be disregarded by trial court
in contempt proceeding, and (3) wife would
1. Contempt ~66(2), 67
No appeal lay from order to punish for
con=erupt. but, rather, the remedy was cer-
tiorari. I.C.A. §§ 598.'~, 665.11.
2. Certiorari c==27
Certiorari, unless specifically authoriz-
ed by statute, lies only when inferior court
or tribunal has exceeded its proper jurisdic-
tion or has otherwise acted illegally. 58
I.C.A. Rules of Civil Procedure, rule 306.
3. Divorce c==312.6(1)
Merits of equitable defense that divorc-
ed husband's child support obligation under
dissolution of marriage decree should be
reduced by amount of support payments
accruing during the extended periods of his
care o~ two of the children was not properly
reviewable in certiorari proceeding in re-
view of order finding husband in contempt
due to willful nonpayment of the child sup-
,oft obligation. I.C.A. §§ 598.28, 598.24,
66S.6, 665.?; I.C.A. Rules of Civil Proce-
dure, rules 306, 317.
4. Certiorari
"Certiorari" is not an equitable pro-
eeeding, but, rather, it is an action at law.
,58 I.C.A. Rules of Civil Procedure, rule 317.
See publication Words and P~ras~s
for other judicial construc6ons and
definitions.
5. Contempt c~21
If there is jurisdiction of the parties
and legal authority to make an order, the
order must be obeyed however erroneous or
improvident.
$. Divorce o==111(2)
Assuming that there was jurisdiction
and legal authority to enter dissolution of
marriage decree, the only issue before dis-
trict court, in proceeding on application for
citation for contempt for divorced hus-
band's failure to satisfy his child suppert
obligation under the decree, was whether
Prepared by: Donald J. Yucuis, Dir. of Finance, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5052
ORDINANCE NO. 97-3820
ORDINANCE AMENDING TITLE 14, ENTITLED
"UNIFIED DEVELOPMENT CODE," CHAPTER
3, ENTITLED "CITY UTILITIES," ARTICLE A,
ENTITLED "GENERAL PROVISIONS",
SUBSECTION 6, ENTITLED "BILLING AND
COLLECTION PROCEDURES; DELINQUENT
ACCOUNTS" OF THE CITY CODE TO
AUTHORIZE A DELINQUENCY CHARGE WHEN
THE ACCOUNT IS CONSIDERED
DELINQUENT.
WHEREAS, the City would like to provide
for a delinquency charge to be assessed on the
current portion of a city utility bill if the bill is
not paid within twenty-two (22) days of the
billing date.
WHEREAS, the amount of said delinquency
charge shall be as provided in Title 3, Chapter
4, which shall be five (5) percent of the
current portion of the bill, unless otherwise
amended.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Title 14, Chapter
3, entitled "CITY UTILITIES," Article A,
"General Provisions," of the City Code is
hereby amended by:
a. Repealing Subsection A.2, of Section 14-
3A-6, "BILLINGS AND COLLECTION PRO-
CEDURES; DELINQUENT ACCOUNTS,"
and adding, in lieu thereof, a new Subsec-
tion A.2 to read as follows:
2. If payment in full is not received
within twenty-two (22) days of the
billing date, the account(s) shall be
deemed delinquent and a delinquency
charge will be assessed as provided
in Title 3, Chapter 4 of this Code. For
locations which receive City water,
wastewater and/or solid waste
services, the account holders shall be
billed and collected as a single
account, and in the event of a
delinquency in payment as to either
water, wastewater or solid waste
services, subsequent payments shall
be credited first to the delinquent
billings and then to the current billing.
Ordinance No.
Page 2
97-3820
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION III. 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 IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 16thday of
December ,19 97
MAYOR~. ~',,' ~..,~ Z)
City Attorney's Office Date
It was moved by Vanderhoef and seconded by Thornberry
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
x Baker
X Kubby
X Lehman
X Norton
X Novick
X Thornberry
X Vanderhoef
First Consideration ]. l/18/97
Vote for passage: AYES: Norton, Novick, Thornberr.v, Vanderhoe¢, Kubb.y,
Lehman. NAYS-: None ABSENT: Baker'.
Second Consideration 12/9/97
Vote for passage: AYES: Baker, Kubb~/, Lehman, Norton, Novick, Thornberry,
Vanderhoef. NAYS: None. ABSENT: None.
Date published ].2/24/97
finadm\ ord~penalty. doc
Date:
City of Iowa City
MEMORANDUM
December 11, 1997
To: City Council and City Manager
From: Don Yucuis, Finance Director ~
Re: 12/16/97 Agenda- Ordinances adding in a Delinquency Fee.
The City Council directed staff at their December 8th formal meeting to present additional options regarding
the new proposed 5% delinquency fee on the current portion of a billing excluding State of Iowa sales tax.
City Council suggested that several calculations using a $3.00 administrative fee plus 1.5% of current
portion of the billing be presented. Below are calculations of the penalty at various uses of water
with a comparison to the 5% penalty.
Minimum
100 Cu Ft 200 300 400 500 600 700 800
or Less cu ft cu ft cu ft cuft cuft cu ft cu ft.
Total billing 23.67 29.46 35.26 41.06 46.86 52.66 58.45 64.25
Penalty if paid late
Admin. Fee 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00
Plus 1.5% 0.35 0.44 0.52 0.61 0.69 0.78 0.86 0.94
Total Penalty 3.35 3.44 3.52 3.61 3.69 3.78 3.86 3.94
Penalty at 5% 1.17 1.45 1.73 2.02 2.30 2.58 2.87 3.15
Total
900 1000 3000 5000 10000 50000 100000
cu ft. cu ft. cu ft. cu ft. cu ft. cu ft. cu ft.
70.05 75.85 191.81 291.39 540.34 2,531.94 5,021.44
Penalty if paid late
Admin. Fee 3.00 3.00 3.00 3.00 3.00 3.00 3.00
Plus 1.5% 1.03 1.11 2.81 4.28 7.94 37.22 73.82
Total Penalty 4.03 4.11 5.81 7.28 10.94 40.22 76.82
Penalty at 5% 3.43 3.72 9.38 14.26 26.46 124.06 246.06