HomeMy WebLinkAbout2009-11-02 Ordinance
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE N0.
ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4,
SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES,
SECTION 8, PARKING VIOLATIONS, TO ADD A $50 PENALTY FOR SNOW
EMERGENCY PARKING VIOLATIONS.
WHEREAS, Iowa City Code 9-4-1(A)(16) prohibits parking upon a street on which parking is
prohibited under Iowa City Code 9-4-9 by the declaration of a snow emergency; and
WHEREAS, Iowa City Code section 3-4-8: Parking Violations: sets the Amount of Fee,
Charge, Bond, Fine and Penalty for various Parking matters; and
WHEREAS, the City wishes to encourage compliance with the snow emergency parking
regulations so that snow and ice can be removed efficiently and promptly from City streets
during a snow emergency; and
WHEREAS, the fine for a violation of the snow emergency parking regulations should be
$50.00; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENTS.
TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING VIOLATIONS: is hereby
amended by adding:
Parking where prohibited or restricted during a snow emergency - 50.00 .
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the 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 effective upon publication.
Passed and approved this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
Appr ved by
- ~~ ~~~ ~
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 11 / 2 / 2009
Vote for passage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion, Correi,
NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
~~
COPY
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE MENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4,
SCHEDULE O FEES, RATES, CHARGES, BONDS, FINES, AN PENALTIES,
SECTION 8, PA KING VIOLATIONS, TO ADD A $50 PENALTY FOR SNOW
EMERGENCY PAR ING VIOLATIONS.
WHEREAS, Iowa City de 9-4-1(A)(16) prohibits parking upon a street n which parking is
prohibited under Iowa Cit Code 9-4-9 by the declaration of a snow em gency; and
WHEREAS, Iowa City Co section 3-4-8: Parking Violations: sets the Amount of Fee,
Charge, Bond, Fine and Pen y for various Parking matters; and
WHEREAS, the City wishes t encourage compliance with the s ow emergency parking
regulations so that snow and is can be removed efficiently and omptly from City streets
during a snow emergency; and
WHEREAS, the fine for a violation f the snow emergency par ing regulations should be
$50.00; and
WHEREAS, it is in the best interest oft a City to adopt this am ndment.
NOW, THEREFORE, BE IT ORDAINED Y THE CITY COU CIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENTS.
TITLE 3, FINANCES TAXATION AND FEES, C PTER 4, S REDUCE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTIES, CTION 8 PARKING VIOLATIONS: is hereby
amended by adding:
Parking where prohibited or restricted during a snow
SECTION II. REPEALER. All ordinances and parts of c
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provisio or
to be invalid or unconstitutional, such adjudication sh II not
whole or any section, provision or part thereof not a udged
SECTION IV. EFFECTIVE DATE. This Ordinance all be E
cy - 50.00
ces in conflict with the provision of
of the Ordinance shall be adjudged
,c't the validity of the Ordinance as a
Ir~d or unconstitutional.
ti upon publication.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK `\
:;~
,\ _ :~ :~
Appr ved by
~~ /~ ~ ~ _ ,
City Attorney's Office
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Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 12, ENTITLED "FRANCHISES", OF THE CITY
CODE TO ADD A CHAPTER IMPOSING A FRANCHISE FEE ON THE GROSS
REVENUE OF FRANCHISEE MIDAMERICAN ENERGY COMPANY DERIVED FROM
THE DISTRIBUTION ANp RETAIL SALE OF ELECTRICITY AND THE DISTRIBUTION,
DELIVERY AND RETAIL'' SALE OF NATURAL GAS BY MIDAMERICAN, OR OTHER
NATURAL GAS PROVitQERS UTILIZING THE DISTRI UTION SYSTEM OF
MIDAMERICAN, TO CUSTOMERS WITHIN THE CURRENT O FUTURE CORPORATE
LIMITS OF THE CITY OF IOWA CITY, AND ON A REVENU PURPOSE STATEMENT
SPECIFYING THE PURPOSE OR PURPOSES FOR RICH THE REVENUE
COLLECTED FROM THE FRANCkiISE FEE WILL BE EXPE ED
WHEREAS, Iowa City's current gas Wand electric franchises wi MidAmerican Energy
Company reserve to the City the right to impose a franchise fee on MidAmerican's gross
revenue from the sale of electricity and natural gas; and
WHEREAS, Senate File 478 enacted by the state legislatu a during the 2009 session
legalized such a franchise fee; and
WHEREAS, Senate File 478 requires the City, `prior to adopting a franchise fee rate
ordinance, to prepare and publish a Revenue Purpose St ement specifying the purpose or
purposes for which the revenue collected from the fran~hi a fee will be expended; and
WHEREAS, the Revenue Purpose Statement and noti a of public hearing on .this ordinance
was published on October 26, 2009.
NOW, THEREFORE, BE IT ORDAINED BY THE ITY COUf~.CIL OF THE CITY OF IOWA
`1
CITY, IOWA:
SECTION f. AMENDMENTS.
TITLE 12, FRANCHISES: is hereby amended by ding Chapter 5, entitled "Franchise Fees" as follows:
Chapter 5. Franchise Fees ~
12-5-1 Electric Franchise Fee '~
Pursuant to Section 12-1-16 of the City's fr chise agreement with MidAmerican~'>~nergy Company
(hereinafter "Company"), there is hereby mposed upon the Company a franchise fe~ in an amount
equal to two percent (2%) of the gros revenue of the company, minus uncollectible ac~ounts, derived
from the distribution, delivery and retail sale of electricity by the company to customers w~thin the current
or future corporate limits of the city, commencing with gross revenue received on or after April 1, 2010.
12-5-2 Gas Franchise Fee
Pursuant to Section 12-2-13 of the City's franchise agreement with the Company, there is hereby
imposed upon the Company a franchise fee in an amount equal to two percent (2%) of the gross
revenue of the company, minus uncollectible accounts, derived from the distribution, delivery and retail
sale of natural gas by the company or other natural gas providers utilizing the distribution system of the
Ord. No.
Page 2
company, to customers within the current or future corporate limits of the city, commencing with gross
revenue received on or after April 1, 2010.
12-5-3 Audit
The city may, at its option, require that an audit of the calculation and basis for calculation of the
franchise fee be conducted by an auditor of the city's selection and the company will cooperate with
such an audit. Said audit shall not be conducted more than once a year. The city shall pay the costs of
the audit unless the audit shows an underpayment of franchise fees by an amount equal to three
percent (3%) or more of the fees, in which event the company shall pay the cost of a audit.
12-5-4 Revenue Purpose Statement l~
The revenue collected from said franchise fees will 6.e expended for any oft following purposes:
1. Inspecting, supervising and otherwise regulating the MidAmerica Energy Company's gas and
electric franchises.
2. Public safety, including the equipping of fire, police and em rgency services.
3. Public infrastructure to support commercial and industrial( economic development
SECTION 11. REPEALER. All ordinances and parts of ord~nance~ in conflict with the provision of
this Ordinance are hereby repealed. ~'~
SECTION III. SEVERABILITY. If any section, provisio~'or part oft Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication sl~'all not affect th validity of the Ordinance as a
whole or any section, provision or part thereof not 7djudged invalid or nconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinan~ shall be effective u on publication.
Passed and approved this day of
2009.
MAYOR
ATTEST:
CITY CLERK
A oved by
~o - a3-oq.
City Attorney's OfFce
(fl COPY
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 12, ENTITLED "FRANCHISES", OF THE CITY
CODE TO ADD A CHAPTER IMPOSING A FRANCHISE FEE ON THE GROSS
REVENUE OF FRANCHISEE MIDAMERICAN ENERGY COMPANY DERIVED FROM
THE. DISTRIBUTION AND RETAIL SALE OF ELECTRICITY AND THE DISTRIBUTION,
DELIVERY AND RETAIL SALE OF NATURAL GAS BY MIDAMERICAN, OR OTHER
NATURAL GAS PROVIDERS UTILIZING THE DI TRIBUTION SYSTEM OF
MIDAMERICAN, TO CUSTOMERS WITHIN THE CURRE TOR FUTURE CORPORATE
LIMITS OF THE CI OF IOWA CITY, AND ON A RE NUE PURPOSE STATEMENT
SPECIFYING THE URPOSE OR PURPOSES OR WHICH THE REVENUE
COLLECTED FROM TH FRANCHISE FEE WILL BE XPENDED
WHEREAS, Iowa City's cur nt gas and electric franch' es with MidAmerican Energy
Company reserve to the City t right to impose a franchise fee on MidAmerican's gross
revenue from the sale of electrici and natural gas; and `
WHEREAS, Senate File 478 enactc~l by the state I~'gislature during the 2009 session
legalized such a franchise fee; and
WHEREAS, Senate File 478 requires th City,
ordinance, to prepare and publish a Revenue ur
purposes for which the revenue collected from t
r to adopting a franchise fee_ rate ,
Statement specifying the purpose or
hise fee will be expended; and
WHEREAS, the Revenue Purpose Statement and tice of public hearing on this ordinance :~~
was published on
' is
NOW, THEREFORE, BE IT ORDAINED BY T CITY C UNCIL OF THE CITY OF IE~uVA '""
CITY, IOWA: ``''
-- ~..n
SECTION I. AMENDMENTS. ~.
TITLE 12, FRANCHISES: is hereby amended by dding Chapter 5, ent ed "Franchise Fees" as follows:
Chapter 5. Franchise Fees
12-5-1 Electric Franchise Fee
Pursuant to Section 12-1-16 of the City's
(hereinafter "Company"), there is hereby
equal to two percent (2%) of the gross re
from the distribution, delivery and retail s
or future corporate limits of the city, co i
12-5-2 Gas Franchise Fee
hise agreement with MidAmerican nergy Company
posed upon the Company a franchise fe in an amount
ue of the company, minus uncollectible ac unts, derived
of electricity by the company to customers wit 'n the current
icing with gross revenue received on or after Apri 1, 2010.
Pursuant to Section 12-2-13 of the City's franchise agreement with the Company, there is hereby \
imposed upon the Company a franchise fee in an amount equal to two percent (2%) of the gross
revenue of the company, minus uncollectible accounts, derived from the distribution, delivery and retail
sale of natural gas by the company or other natural gas providers utilizing the distribution system of the
~.
Ord. No.
Page 2
company, to customers within the current or future corporate limits of the city, commencing with gross
revenue received on or after April 1, 2010.
12-5-3 Audit
The city may, 'ts option, require that an audit of the calculation and basis for calculation of the
franchise fee be cond ed by an auditor of the city's selection and the company will cooperate with
such an audit. Said audit sh not be conducted more than once a year. The city shall pay the costs of
the audit unless the audit shows a underpayment of franchise fees by an amount equal to three
percent (3%) or more of the fees, in w ich event the company shall ay the cost of the audit.
12-5-4 Revenue Purpose Statement
The revenue collected from said franchise fe will be expen d for any of the following purposes:
1. Inspecting, supervising and otherwise re ulating t MidAmerican Energy Company's gas and
electric franchises.
2. Public safety, including the equipping of fire, o ~ e and emergency services.
3. Public infrastructure to support commercia and ind stria) economic development.
SECTION II. REPEALER. All ordinances
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any secti
to be invalid or unconstitutional, such adju~
whole or any section, provision or part th ~
SECTION IV. EFFECTIVE DATE. This rc
Passed and approved this d
MAYOR
ATTEST:
CITY CLERK
of ordinance in conflict with the provision of
p(, provision or part of the r
ication shall not affect the v
of not adjudged invalid or unc
Hance shall be effective upon
Hance shall be adjudged
ity of the Ordinance as a
. 2009.
l~A~~P~~
Attorney's Office
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 12, ENTITLED "FRANCHISES", OF THE CITY
CODE TO ADD A CHAPTER IMPOSING A FRANCHISE FEE ON THE GROSS
REVENUE OF FRANCHISEE MIDAMERICAN ENERGY COMPANY DERIVED FROM
THE DISTRIBUTION AND RETAIL SALE OF ELECTRICITY AND THE DISTRIBUTION,
DELIVERY AND RETAIL SALE OF NATURAL GAS BY MIDAMERICAN, OR OTHER
NATURAL GAS PROVIDERS UTILIZING THE DISTRIBUTION SYSTEM OF
MIDAMERICAN, TO CUSTOMERS WITHIN THE CURRENT OR FUTURE CORPORATE
LIMITS OF THE CITY OF IOWA CITY, AND ON A REVENUE PURPOSE STATEMENT
SPECIFYING THE PURPOSE OR PURPOSES FOR WHICH THE REVENUE
COLLECTED FROM THE FRANCHISE FEE WILL BE EXPENDED
WHEREAS, Iowa City's current gas and electric franchises with MidAmerican Energy
Company reserve to the City the right to impose a franchise fee on MidAmerican's gross
revenue from the sale of electricity and natural gas; and
WHEREAS, Senate File 478 enacted by the state legislature during the 2009 session
legalized such a franchise fee; and
WHEREAS, Senate File 478 requires the City, prior to adopting a franchise fee rate
ordinance, to prepare and publish a Revenue Purpose Statement specifying the purpose or
purposes for which the revenue collected from the franchise fee will be expended; and
WHEREAS, the Revenue Purpose Statement and notice of public hearing on this ordinance
was published on October 26, 2009.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENTS.
TITLE 12, FRANCHISES: is hereby amended by adding Chapter 5, entitled "Franchise Fees" as follows:
Chapter 5. Franchise Fees
12-5-1 Electric Franchise Fee
Pursuant to Section 12-1-16 of the City's franchise agreement with MidAmerican Energy Company
(hereinafter "Company"), there is hereby imposed upon the Company a franchise fee in an amount
equal to two percent (2%) of the gross revenue of the company, minus uncollectible accounts, derived
from the distribution, delivery and retail sale of electricity by the company to customers within the current
or future corporate limits of the city, commencing with gross revenue received on or after April 1, 2010.
12-5-2 Gas Franchise Fee
Pursuant to Section 12-2-13 of the City's franchise agreement with the Company, there is hereby
imposed upon the Company a franchise fee in an amount equal to two percent (2%) of the gross
revenue of the company, minus uncollectible accounts, derived from the distribution, delivery and retail
sale of natural gas by the company or other natural gas providers utilizing the distribution system of the
Ord. No.
Page 2
company, to customers within the current or future corporate limits of the city, commencing with gross
revenue received on or after April 1, 2010.
12-5-3 Audit
The city may, at its option, require that an audit of the calculation and basis for calculation of the
franchise fee be conducted by an auditor of the city's selection and the company will cooperate with
such an audit. Said audit shall not be conducted more than once a year. The city shall pay the costs of
the audit unless the audit shows an underpayment of franchise fees by an amount equal to three
percent (3%) or more of the fees, in which event the company shall pay the cost of the audit.
12-5-4 Revenue Purpose Statement
The revenue collected from said franchise fees will be expended for any of the following purposes:
1. Inspecting, supervising and otherwise regulating the MidAmerican Energy Company's gas and
electric franchises.
2. Public safety, including the equipping of fire, police and emergency services.
3. Public infrastructure to support commercial and industrial economic development.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the 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 effective upon publication.
Passed and approved this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
A roved by
/~_ a3_~q
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 11 / 2 / 2009
Vote for passage: AYES: O'Donnell, Wilburn, Wright, Bailey, Correia, Hayek.
NAYS: Champion. ABSENT: None.
Second Consideration
Vote for passage:
Date published
h ~ ! ~ry
!'~ ~*,{
Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053
ORDINANCE NO. 09-4361
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" SECTION 3-
4-3, ENTITLED "POTABLE WATER USE AND SERVICE," OF THE CITY CODE, TO
INCREASE OR CHANGE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA.
WHEREAS, pursuant to Chapter 384, Code of Iowa (2009), the City of Iowa City is authorized to establish
and provide for the collection of rates to pay for the City's utility systems; and
WHEREAS, it is in the public interest to increase certain fees and charges in order to fund the costs of
operations; and
WHEREAS, the City currently charges a $15 fee for returned check/automatic debit for payment of City utility
services; and
WHEREAS, the Iowa City City Council proposes to increase the fee for returned checks/automatic debits for
payment of City utility services to cover operational costs.
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 substituting the following
in lieu thereof:
Amount of Fee, Charge,
Bond, Fine or Penalty
Water Service Charges (14-3A-4) Meter Size
Inches Charge
Minimum monthly user sia 6.41
charges for water service '/4 7.00
for the first 100 cubic feet 1 8.26
or less of water used, 1'/2 16.47
based on meter size 2 22.14
3 40.91
4 71.37
6 143.61
1 .
i
t:;~
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 sis" meter, regardless of the size.
Ordinance No. 09-4361
Page 2
There will be no minimum monthly charge for asingle-purpose water meter for the months of November to
March if no water is used.
Monthly
Usage Charge
Cu. Ft.
Monthly user charges for water in excess of 101 to 2.99
100 cu. ft. per month for dual purpose water 3,000 per 100 cu. ft
meters cu.ft.
Over 2.15
3,000 per 100 cu. ft
cu.ft.
Single-purpose meter charges for water Over 100 2.99
in excess of 100 cu. ft. per month per 100 cu. ft
Returned check/ automatic bank debit for 25.00
payment of city utility services
Discount for combined accounts enrolled in 1.00
SurePay, per billing
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.
and approved this ?nd day of November , 2009.
~ '.~ /~ ,~
i
ATTEST: 4.t.~s~iic~ 1~ •v ~J
CITY LERK
App ved by
~- /r~
City Attorney's Office
f i nadm\ordlwaterfee09doc
Ordinance No. 09-4361
Page ~_
It was moved by Champion and seconded by Hayek that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
~_ Hayek
x O'Donnell
x Wilburn
x Wright
First Consideration 10/6/2009
Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donne
NAYS: None. ABSENT: None.
Second Consideration l OJ 20 / 2009
Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell
NAYS: None. ABSENT: None.
Date published 11/12/2009
13
Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING ORDINANCE CODE SECTION 16-1D-2, ENTITLED "PERMIT
REQUIREMENTS" TO REQUIRE AND ALLOW COUNCIL TO SET BY RESOLUTION AN
EXCAVATION PERMIT FEE SCHEDULE.
WHEREAS, the City does not currently require a permit fee for excavation permits issued to perform
excavations within the public right-of-way; and
WHEREAS, the City desires to require an excavation permit fee and allow the Council to set said fee
schedule by resolution; and
WHEREAS, said excavation permit fees will cover the administrative costs incurred by the City in
issuing such permits, and inspecting and monitoring the permitted work.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 16, entitled "Public Works," Chapter 1, entitled "Streets, Sidewalks and Public Right Of
Way," Article D, entitled "Excavations," Section 2, entitled "Permit Requirements" is hereby amended by
adding the following subsection:
D. Permit Fee: The fee for each permit shall be as set forth in the excavation permit fee schedule as
established by resolution of the city council and shall be paid by all parties wishing to make
excavations pursuant to this Article, except for those parties with which the City has a franchise
agreement and from whom the City receives franchise fees.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
Approved by
. ~u- I ~~" "'~fv
City Attorney's Office ~~/,ZS~a~'
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 11/2/2009
Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright,
Bailey. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published