Loading...
HomeMy WebLinkAbout1995-06-27 OrdinanceORDINANCE NO. 95-3679 AN ORDINANCE AMENDING CITY CODETITLE 14, CHAPTER 5, ENTITLED "BUILDING AND HOUSING," ARTICLE H, ENTITLED "SITE PLAN REVIEW," BY REQUIRING CITY APPROVAL OF EXTERIOR STAIRWELLS, EXTERIOR CORRI- DORS AND EXTERIOR LIFTS ON MULTI-FAMI- LY RESIDENTIAL BUILDINGS. WHEREAS, the City has established a Site Plan Review procedure in order to review certain improvements of property to ensure orderly and harmonious development; and WHEREAS, development plans for multi- family apartment buildings and commercial buildings with dwelling units located above the ground floor are currently subject to review under said Site Plan Review procedure; and WHEREAS, the City wishes to ensure that exterior stairwells, exterior corridors and exteri- or lifts when utilized on multi-family apartment buildings and commercial buildings containing dwelling units above the ground floor, are architecturally integrated into the design of the overall buildings; and WHEREAS, the City, in order to ensure the architectural integration of exterior stairwells, exterior corridors and exterior lifts into the design of the overall buildings, wishes to re- quire approval of their design through the Site Plan Review procedures. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: SECTION I. AMENDMENT. Chapter 5, entitled "Building and Housing," Article H, entitled "Site Plan Review," Section 5, entitled "Design Standards," of the City Code be hereby amend- ed by adding a new Section 14-5H-5 to read as follows: N1. The design of exterior stairwells, exterior corridors and exterior lifts which provide ac- cess to dwelling units located above the ground or first floor of a building containing three (3) or more dwelling units or where any number of residential units are located above a commercial use, shall be approved by the Director of Planning and Community Development with respect to guidelines adopted by City Council Resolution. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. Ordinance No. 95-3679 Page 2 SECTION Ill. 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. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and adopted this 27th day of June, 1995. CITY CL'ERK Ordinance No. 95-3679 Page 3 Itwas moved by_ p-~ ~- and seconded by as read be adopted, and upon roll call there were: NQvic~ AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Thingmorton that the Ordinance First Consideration 5 / ~) / 95 Vote for passage: AYES: Kubby, Lehman, Novick, Pigott, Baker, Horowitz. NAYS: None. ABSENT: Throgmorton. Second Consideration 6/6/g5 Votefor passage:AYES: Novick, P±gott, Thro~morton, Bakcr, Horow±tz. NAYS: None. ABSENT: Kubby, L~hman. Date published 775/95 ORDNANCE NO. 95-3680 ' AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF 1,63 ACRES OF LAND LOCATED ON THE WEST SIDE OF '-~ WATERFRONT DRIVE, APPROXIMATELY 140 ." :'~' "~ FEET NORTH OF STEVENS DRIVE FROM CC-2, COMMUNITY COMMERCIAL, TO C1-1, INTEN- SIVE COMMERCIAL. .. ,?. WHEREAS, Owner, as legal title holder, and Applican[, as c6ntract purchaser, have request- ed the City fezone approximately 1.63 acres of land located on the west side of Waterfront Drive, approximately 140 feet north of Stevens Drive from CC-2, Community Commercial, to C1-1, Intensive Commercial; and WHEREAS, iowa Code §414.5 (1993) pro- vides that the City of Iowa City may impose reasonable conditions on granting the rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City wishes to ensure that any outdoor storage of materials on the subject parcel is screened from view from other prop- erties and public rights-of-way to minimize any negative visual impact associated with said outdoor storage; and WHEREAS, the proposed rezoning is compati- ble with adjacent development and the Com- prehensive Plan for the area, provided that certain conditions are adhered to; and WHEREAS, Owner and Applicant acknowl- edge that certain conditions and restrictions are reasonable to ensure appropriate urban devel- opment in this area of Iowa City; and WHEREAS, the Owner and Applicant have agreed to develop this property in accordance with certain terms and conditions to ensure appropriate urban 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 as authorized by Iowa Code §414.5 (1993}, a copy of which is attached hereto and incorporated by reference herein, the property described below is conditionally reclassified from its present classification of CC-2, Commu- nity Commercial, to C[-1, Intensive Commer- cial: Lot 1 of a Resubdivision of a Portion of Government Lot 4 of Section 15, T79N, R6W of the 5th P.M,, Iowa City, Iowa. Ordinance No, 95-3680 Page 2 SECTION II. ZONING MAP. Upon final pas- sage, approval and publication of this Ordi- nance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this zoning amendment. SECTION III. CONDITIONAL ZONING AGREE- MENT. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and the CiW Clerk to attest, the Conditional Zoning Agreement between the property owners, applicants and the City. SECTION IV. CERTIFICATION AND RECORD- ING. Upon passage and approval of this ordi- nance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agree- ment for recordation in the Office of the Re- corder, Johnson County, Iowa, at the Applicant's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict w;th the provi- sions of this Ordinance are hereby repealed. SECTION VI. 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. SECTION VII. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 27th day of June, 1995. ATTEST: ClT~C~ERK'~ ~ ~'~'~ ~// c.PP r~r ney~.~ '~~. ~/ _ // V Ordinance No. 95-3680 Page 3 it was moved by Kubby and seconded by as read be adopted, and upon roll call there were: PiRott AYES: NAYS: ABSENT: X X X X X X Baker Horowitz Kubby Lehman Novick Pigoff Throgmorton that the Ordinance First Consideration 5/9/95 Vote for passage: AYES: Lehman, Novick, Pigott, Baker, Horowitz,Kubby. NAYS: None. ABSENT: Throgmorton. Second Consideration 6/6/95 Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, NAYS: None. ABSENT: Kubby, Lehman. Date published 7/5/95 Novick. CONDITIONAL ZONING AGREENIENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City"), Thomae/Brogan Partners, an Iowa General Partnership (hereinafter "Owner"), and Boyd and Rummelhart, Inc., an Iowa General Partnership (hereinafter "Applicant"). WHEREAS, Owner, as legal title holder, and Applicant, as contract purchaser, have requested the City rezone approximately 1.63 acres of land located on the west side of Waterfront Drive, approximately 140 feet north of Stevens Drive, from CC-2, Community Commercial, to C1-1, Intensive Commercial; and WHEREAS, Iowa Code §414.5 (1993) provides that the City of Iowa City may impose reasonable conditions on granting the rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City wishes to ensure that any outdoor storage of materials on the subject parcel is screened from view from cther properties and public rights-of-way to minimize any negative visual impact associated with said outdoor storage; and WHEREAS, the proposed rezoning is compatible with adjacent development and the Comprehensive Plan for the area, provided that certain conditions are adhered to; and WHEREAS, Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure appropriate urban development in this area of Iowa City; and WHEREAS, the Owner and Applicant have agreed to develop this property in accordance with certain terms and conditions to ensure appropriate urban development in this area of Iowa City. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: Thomae/Brogan Partners, an Iowa General Partnership, is the owner and legal title holder of property on the west side of Waterfront Drive, approximately 140 feet north of Stevens Drive, which property is more particularly described as follows: Lot 1 of Resubdivision of a Portion of Government Lot 4 of Section 15, T79N, R6W of the 5th P.M., Iowa City, Iowa. Owner and Applicant acknowledge that the City wishes to ensure that development of the subject property is compatible with adjacent properties which are zoned CC-2 and C1-1. Therefore, Owner and Applicant agree to certain conditions over and above City regulations in order to ensure that the visual quality of the area will not be adversely impacted by outdoor storage activities that may occur on the property. In consideration of the City's rezoning the subject property from CC-2 to C1-1, Owner and Applicant 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 condition: Outdoor storage areas developed on the property shall be screened from view of adjacent CC-2 properties and public rights-of-way in accordance with Section 2 Dated By 14-6S-11B, "Screening Materials", of Chapter 6, Article S, "Performance Standards". The Owner and Applicant acknowledge that certain conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1993), and that said conditions satisfy public needs which are directly caused by the requested zoning change. The Owner and Applicant acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with 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 by record of the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all applicable local, state and federal regulations. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office at City expense. this ~ day of ,J~,~ , 1995. THOMAE/BROGAN PARTNERS Alan L. Thomae, Genral Manager BOYD AND RUMMELHART, INC. By_C r Z . Je~y L~6n, Secretary ,_~ CITY OF IOWA CITY Susan M. Horowitz, Mayor ...._.) Attest /~')~.~J~ ~ 2/~.,~) Marian K. Karr, C ty Clerk 3 STATE OF IOWA ) ) ss: JOHNSON COUNTY ] On this Z? ~ day of · ~,~.~_ , 1995, before me, , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 No. ~.5-..,a(, ~'~ passed by the City Council on the 2 7 '~' day of .~_. ,19 ~_~ , and that ~.~,~/'ft. #Q~e;4zand 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. Notary Public in and for the State of Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this ~day of ~/') ,~ , 1995, before me, the undersigned, a Notary Public in and for the State of Iowa, pe~'sonally appeared John Rummelhart, Jr. and Jerry Litton, to me personally known, who being by me duly sworn did say that they are the President and Secretary, respectively of Boyd and Rummelhart, Inc., the Iowa Corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that John Rummelhart, Jr. and Jerry Litton as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. STATE OF IOWA ) )ss: JOHNSON COUNTY ) Notary Public in and for the State of Iowa On this _~day of /~E.~ ,1995, before me, the undersigned, a Notary Public in and for the State of Iowa, per¢onally appeared Alan J. Thomae, to me personally known, who being by me duly sworn did say that he is the General Partner of Thomae/Brogan Partners, the Iowa Corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Alan J. Thomae, as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. and for the State of Iowa ppdadmin~boydmmm.cza ORDINANCENO. 95-3681 AN ORDINANCE AMENDING TITLE 14, CHAPTER B-E, ENTITLED "BUILDING AND HOUSING" CITY CODE BY REVISING ARTICLE E ENTITLED "HOUSING CODE" TO ENHANCE THE LIFE SAFETY PROVISIONS FOR EXISTING RENTAL HOUSING. WHEREAS, the City of Iowa City Housing Inspection provides for inspection and licensing of all multiple dwellings, fraternity/sorority houses, rooming houses, duplexes and single- family dwellings; and WHEREAS, it is the purpose of the Housing Inspection program to ensure that housing facilities and conditions are of the quality necessary to protect and promote the health, safety, and welfare of those persons using the housing and the general public, and WHEREAS, the Housing Commission has unanimously recommended the amendments to the Housing Code presented herein, and WHEREAS, these amendments have been presented by the Housing Inspection staff to the Iowa City Apartment Owners association meeting April 12, 1995, and WHEREAS, these amendments are intended to enhance the life safety provisions of the Iowa City Housing Code. NOW, THEREFORE, BE IT AMENDED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. Chapter 5, entitled "Building and Housing" of the City Code be hereby amended by: a. Repealing Section 14-SE-19-A(1) of the Housing Code and adding a new section 14- 5E-19-A(1) as follows'. 14-SE-19-A(1) MAINTENANCE OF STRUCTURE: Every foundation, roof, floor, wall, ceiling, stair, step, elevator, handrail, guardrail, porch, sidewalk and appurtenance thereto shall be maintained in a safe and sound condition and shall be capable of supporting the loads that normal use may cause to be placed thereon. Every structure shall be maintained in compliance with Section 661 Chapter 5 of the Iowa Administrative Coda ("state fire code") and the building codes in effect at the time the building was constructed. If the use or occupancy is changed compliance Ordinance No. 95-3681 Page 2 with currently adopted codes is required, The required occupancy separations shall be provided and maintained in all structures having mixed or multiple occupancies, The one-hour occupancy separation between dwellings and garages shall be provided regardless of the date of construction and may be limited to the installation of materials approved for one- hour fire-resistive construction on the garage side and a tight fitting, 20 minute rated door or approved equivalent opening protection. Repealing Section 14-SE-17*F.2.d of the Housing Code and adding a new section 14- 5E-17-F.2.d. as follows: 14-5E-17-F. 2.d EXITS: Doors and windows readily accessible from outside the unit shall be lockable from inside the unit. Double cylinder deadbolts may not be used on doors located in habitable areas or on any exit door. Exit doors shall be openable from the inside without the use of a key or any special knowledge or effort. Repealing Section 14-SE-19-F of the Housing Code and adding a new section 14- 5E-19-F as follows: 14-SE-19-F EXTERIOR SURFACES: All exterior surfaces of a dwelling and its accessory structures, fences, porches, and similar appurtenances which are subject to decay or deterioration shall be protected from the elements and against decay, or deterioration by properly primed and painted nonlead-based paint or other approved protective covering. (Guidelines for the removal of lead-based paint are located in appendix B). Repealing Section 14-SE-19-Q of the Housing Code and adding a new section 14- 5E-19-Q as follows: 14-SE-19-Q FIRE PROTECTION: All fire extinguishing devices and all early warning fire protection systems shall be maintained in good working condition at all times. All fire protection equipment and early warning equipment shall be maintained in compliance with the Uniform Fire Code, the State Fire Code , and the iowa City Fire Code and subsections 14-5E-18C and D of this article. Buildings which are required to have an automatic fire alarm system shall have that alarm system tested annually by a qualified alarm technician to certify that the alarm system is in compliance with the current standard of N.F.P.A. 72. Buildings which Ordinance No. 95-3681 Page 3 are required to have an automatic sprinkling system shall have that system tested biennially by a qualified sprinkler system technician to certify that the system is in compliance with the current standard of N.F.P.A. Chapter 25. Approved numbers or addresses shall be placed on all buildings in such a position as to be plainly visible and legible from the public way fronting the property, and from the vehicle access area if vehicle access is from other than the front of the building. Said numbers and letters shall contrast with their background and shall be a minimum of four (4) inches in height. Where access to or within a multi-family structure or any area is unduly difficult because of secured openings or where immediate access is necessary for life saving and fire fighting purposes, a key box shall be installed in an approved location. The key box shall be a type approved by the Fire Chief and shall contain keys and/or access code(s) necessary to gain access. If applicable, a key switch may be installed in an approved location. e. Repealing Section 14-SE-17-G.1 of the Housing Cede and adding a new section 14- 5E-17-G.1 as follows: 14-5E-17-G.1 NATURAL LIGHT: Every habitable room, except a kitchen, shall have at least one window or skylight facing directly to the outdoors. The minimum total glazed window or skylight area, for every habitable room, except the kitchen, shall be at least 8% of the floor area of such room, f, Repealing Section 14-5E-17-H.2,b, of the Housing Code and adding a new section 14- 5E-17-H,2,b. as follows: 14-SE-17-H.2.b, NATURAL VENTILATION: The total openable window area, as measured between stops, in every habitable room shall be equal to at least four percent (4%) of the floor area of such room, APPENDIX B GUIDELINES FOR THE ON-SITE REMOVAL OF LEAD-BASED PAINT These guidelines are derived from documents published by the Iowa Department of Public Health Childhood Lead Poisoning Prevention Program entitled Eliminating Lead Hazards and Abatement Methods, EXTERIOR 1, Never dry scrape or dry sand lead-based Ordinance No. 95-3681 Page 4 paint, but mist surfaces with water before scraping or sanding them. 2. Do not sandblast or waterblast lead-based paint. These methods are safe only if the machinery used will collect the paint chips. Open flame methods, propane or gasoline torches, are prohibited from use. 3. Use a tarp or piece of plastic to catch paint chips rather than letting them fall on the soil. Place debris such as paint chips in a plastic bag at the end of each day. Deposit this debris in a sanitary landfill. 4. Close windows while working on the exterior to prevent lead dust from entering the structure. INTERIOR 1. Remove furniture, drapes, and, if possible, carpet from the room prior to paint removal. Cover the floor and furniture that cannot be removed from the room with a sheet of 3 mil plastic. Seal each room from the rest of the house with plastic while working in it. 2. Wet sanding and wet scraping or strippers without methylene chloride are the best methods for on-site paint removal. Dry sanding and dry scraping of interior surfaces should never be attempted due to the amount of dust generated. The use of heat guns and chemical strippers containing methylene chloride are not recommended. 3. Wear a negative pressure, half-mask respirator with a magenta (purple) HEPA (high efficiency particulate arresting) filtration canister. If using a heat gun, you will also need a black or yellow organic vapor canister. 4. Do not eat, drink, or smoke until you have left the work area and thorcughly washed your hands and face. Be careful not to track dust and paint chips into other areas of the home. Take a shower, wash your hair, and change clothes before coming in contact with others. 5. Keep pregnant women and children out of the room if you are working on a small project. A small project would be working on only a few surfaces in one room at a time. For larger projects, keep pregnant women and children out of the home until the job is completed, including the washing of all surfaces. 6. After you complete the job, wash all surfaces thoroughly with a dilute trisodium phosphate (TSP) solution. If possible, vacuum with a HEPA-vacuum. Shampoo carpets using a machine that pumps liquid Ordinance No. 95-3681 Page 5 into the carpet and pulls it back out. 7. Place debris such as paint chips in a plastic bag at the end of each day. Deposit this debris in a sanitary landfill. 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 validiW 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 27l:h day o£ June, 1995. ATTEST. Ordinance No. 95-3681 Page 6 It was moved by Kubb¥ and seconded by as read be adopted, and upon roll call there were: NovJ el,' AYES: NAYS: ABSENT: X X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton that the Ordinance First Consideration 5/9/95 Vote for passage:AYES: Baker, Horowitz, Kubby, Lehman, Novick, Pigott. NAYS: NJNE. ABSENT: Throgmorton. Second Consideration 6/6/95 Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: None. ABSENT: Kubby, Throgmorton. Date published 7/5/95 NON-SUBSTANTATIVE REVISIONS PER ACA BURNSIDE 7-7-95 ORDINANCE NO. 95-3682 AN ORDINANCE AMENDING CITY CODE TITLE 12, CHAPTER 3 ENTITLED "TELEPHONE FRANCHISE," TO ADOPT STANDARDS FOR ENTERING FRANCHISE AGREEMENTS TO PROVIDE ELECTRONIC COMMUNICATIONS SERVICES. WHEREAS, the City is permitted by the Code of Iowa to grant franchises for the provision of telephone and cable television services within the City; and WHEREAS, the City has adopted an Ordinance and has granted a franchise for the provision of cable television services within the CiW, but has not adopted an ordinance or granted a franchise relating to telephone or telephonic services within the City; and WHEREAS, the City wishes to clarify its exercise of the right to require a franchise from entities interested in providing telephone and telephonic services within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: SECTION I. AMENDMENT. Title 12, Chapter 3 entitled "Telephone Franchise," of the City Code be hereby amended by: a. Repealing Section 12-3-1 (A) and adding a new section 12-3-1 (A)-(E) as follows: 12-3-1 FRANCHISE GRANTED; NONEXCLUSIVE To the extent not inconsistent with federal law: A. The City may grant to any person a franchise to erect, maintain, and operate plants and systems for the purposs of sending, transmitting and distributing voice, audio, data, information, images, graphics, video, alarm monitoring and similar services in wire, wireless, electronic and digital form. Such information, services and technologies include, but are not limited to, telephone, video dialtone, direct broadcast satellite ("DBS"), multi-point distribution system ("MMDS"), satellite master antenna television ("SMATV"), wireless cable, and personal communication systems ("PCS"). A franchise granted under this Chapter shall be for a term of not more than twenty-five years. The franchise may be granted, amended, extended, or renewed only by an ordinance, but no exclusive franchise shall be granted, amended, extended or renewed. B. No such ordinance shaft become effective unless approved at an election. The proposal may be submitted by the City Council on its own motion to the voters at any City election. Upon receipt of a valid petition as defined in Section 362.4, Code of Iowa (1993) requesting that a proposal be submitted to the voters, the City Council shall submit the proposal at the next regular city election or at a special election called for that purpose prior to the next regular city election. If a majority of those voting approves the proposal the City may proceed as proposed. C. The person asking for the granting, amending, extension, or renewal of a franchise shall pay the costs incurred in holding the election, including the costs of the notice. A franchise shall not be finally effective until an acceptance in writing has been filed with the council and payment of the costs has been made. D. The franchise ordinance may regulate the conditions required and the manner of use of the streets and public grounds of the City. E. If a City franchise fee is assessed to customers of a franchise, the fee shall not be assessed to the City as a customer. b. Relettoring Section 12-3-1(B) to 12-3- 1(Fl. 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, as provided by law. Passed an approved this ApTed b~ Ordinance No. 95-3682 Page 4 It was moved by Novick and seconded by as read be adopted. and upon roll call there were: AYES: NAYS: ABSENT: X X X Pt~ott Baker Horowitz Kubby Lehman Novick Pigott . Throgmorton that the Ordinance First Consideration 5/9/95 Vote for passage: AYES: Horowitz, Kubby, Baker. NAYS: :~one. ABSEMT: Throgmroton. Lehman, Novick, Pigott Second Consideration 516/95 Vote for passage: AYES: Novtck, ?±gout, Thro~mcrton, ,,AYe: None. ABSENT: Kubby, L~hman. Date published 7/5/95 Bakcr, Thrcgmor ton ORDINANCE NO. 95-3682 \ AN ORDINANCE AMENDING CITY CODE TITLE 12, CHAPTER 5 SECTION 3 ENTITLED "TELEPHONE FRANCHISE," TO STANDARDS FOR ENTERING AGREEMENTS TO PROVIDE COMMUNICATIONS SERVICES. WHEREAS, the City is Code of Iowa to grant provision of telephone and services within the City; and WHEREAS, the City h; Ordinance and has granted a ~rovision of cable television s but has not a franchise honic services withir ., the Ci of the right to in tele services THE CITY CITY, THAT: SECTION h entitled of the City a. e he' by the for the television adopted an ; within the ordinance or to telephone or and wishes to clarify its from and BE iT ORDAINED BY OF THE CITY OF IOWA MENDMENT. Chapter 12, ~ Franchise," Section 3-1{A) hereby emended by: 12-3-1(A) and adding section 1-3-1(A) as follows: 12-3-1 FR~ To the extent not incons~ with federal A. City may any person a ,nchise to erect, mai~ and operate plants and systems for purpose of sending, distributing voice, audio, data, n, images, graphics, video, alarm ring and similar services in wire, ,ireless, electronic and digital form. Such information, services and technologies include, but are not to, telephone, video dialtone, broadcast satellite ("DBS"), multi- distribution system ("MMDS"), master antenna television ("SMATV"), wireless cable, and personal communication systems ("PCS"). A franchise granted under this Chapter shall be for a term of not more than twenty-five years. The franchise may be granted, amended, extended, or renewed only by an ordinance, but no exclusive franchise shall be granted, amended, extended or renewed. No such ordinance shall become effective unless approved at an election. Ordinance No. Paga 2 ~ 95-3682 The proposal may be submitted by the ':: City Council on its own motion to the / ,,: voters at any City election. Upon receipt "' ":' of a valid petition as defined in Section  362.4, Code of Iowa (1993) requesting that a proposal be submitted to the . voters, the City Council shall submit the ' ' ,,, proposal at the next regular city election or at a special election called for that . 'L.-,.: purpose prior to the next regular city - ~. '-" election. If a majority of those voting ' ':' approves the proposal the City may proceed as proposed. ,' , C, The person asking for the ~ amending, extension, or rene of a "~ franchise shall pay the costs curred in ~ · - holding the election the costs i!" of the notice. A not be .i.i' finally effective until ar in writing has been filed the council and payment of has been 11':" lade. D, e fran and the manner of public grounds of the E, If a fee is assessed to cuetome a franchise, the fee shall not be to the City as a custome SECTION II, All ordinances and parts of in conflict with the provisions this rdinance are hereby repealed, III. If any section, or part of the ,rdinance shall be such shall not validity of the a whole ion, provision part thereof not invalid or ~nconstitutional. SECTION IV. EFFECTIVE This Ordinance shall be in effect ts final passage, approval and publication, as by law. Passed an approved this 27th day of June, 1995. M vo.' /. -)' Appro~ved by f~ .~.~.~ . Ciff/Attorney's Of,rice / / , cadatatlegaRcable.or d "~7'-//~' } -- Ordinance No. 95-3682 Page 3 Novick and seconded by ?izott ,~he Ordinance as and upon roll call there were: NAYS: ABSENT: X X Baker Horowitz Kubby X ,'" Lehman Novick morton First Consideration Vote for Baker. NAYS: AYES: Horowitz, Kubby, Lehman, Novick, Pigart. Throgmroton. Second Consideration Vote for passage: NAYS: Y.~ne. Date published 6/6/95 ,. Novick, Pigoft, Throgmorton, Baker, Throgmorton. Kubby, Lehman.