HomeMy WebLinkAbout2005-07-05 Ordinance Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ04-00030)
ORDINANCE NO. 05-4164
AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM COUNTY Al TO
CC2, COMMUNITY COMMERCIAL (APPROXIMATELY 16.05 ACRES), C1-1, INTENSIVE COMMERCIAL
(APPROXIMATELY 20.22 ACRES), C0-'I, OFFICE COMMERCIAL (APPROXIMATELY 10.92 ACRES),
AND RR.'I, RURAL RESIDENTIAL (APPROXIMATELY 2.83 ACRES), FOR PROPERTY LOCATED
NORTH OF HIGHWAY 1, WEST OF HIGHWAY 218, AND EAST OF KITTY LEE ROAD
WHEREAS, the applicant, James R. Davis, on behalf of property owners James R. Davis, Robert A.
Davis, and Jan E. Smith, has applied for voluntary annexation of property located north of Highway 1, west
of Highway 218, and east of Kitty Lee Road; and
WHEREAS, the applicant has requested commercial zoning on the majority of the property to allow for
a commercial subdivision, which is appropriate for land abutting the Highway 1/Highway 218 interchange
according to the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning pattern on the
property, and has recommended approval subject to conditions related to infrastructure needs, funding for
infrastructure, landscaping and fencing, access control, and sanitary sewer provision; and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the rezoning request; and
WHEREAS, the applicant and owners acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property provides adequate infrastructure for urban
commercial uses, to ensure infrastructure needs are adequately funded to minimize future costs to the
public, and to provide adequate landscaping for the benefit of nearby residential property owners.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement,
attached hereto and incorporated herein, the property described below is hereby reclassified as follows:
A. The following property is hereby reclassified from its current designation to C1-1, Intensive Commercial,
subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated
herein:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89°55'12"E, ALONG THE NORTH
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 1325.59 FEET; THENCE
S00°16'15'~/V, ALONG THE WEST LINE OF THE EAST ONE-HALF OF SAID SOUTHWEST QUARTER, 442.44
FEET, TO THE POINT OF BEGINNING; THENCE N89°43'05"E, 639.14 FEET; THENCE S00°16'55"E, 58.06 FEET;
THENCE N89°43'05"E, 331.93 FEET; THENCE SOUTHWESTERLY, 154.02 FEET, AND A 615.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 153.62 FOOT CHORD BEARS S03°08'26'~V; THENCE
S10°18'54'~A/, 412.57; THENCE SOUTHEASTERLY, 104.12 FEET, ALONG A 150.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 102.05 FOOT CHORD BEARS S09°34'17"E, TO A POINT ON THE
NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S23°39'28'~/, ALONG SAID NORTHWESTERLY LINE,
113.82 FEET; THENCE S53°53'27'~N, ALONG SAID NORTHWESTERLY LINE, 321.32 FEET; THENCE
N89°43'45'~/V, 605.50 FEET, TO A POINT ON THE WEST LINE OF THE SAID EAST ONE-HALF OF THE
Ordinance No. 05-4164
Page 2 .
SOUTHWEST QUARTER OF SECTION 20; THENCE N00°16'I5"E, ALONG SAID WEST LINE, 1003.96 FEET, TO
SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 20.22 ACRES, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
B. The following property is hereby reclassified from its current designation to CC-2, Community
Commercial, subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and
incorporated herein:
COMMENCING AT THE NORTHEAST CORNER OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH THE
PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S35°26'49"E, ALONG THE SOUTHWESTERLY LINE OF HIGHWAY NO. 218, A
DISTANCE OF 162.11 FEET; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, 951.85 FEET, TO
THE POINT OF BEGINNING; THENCE CONTINUING S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE,
440.62 FEET; THENCE S05°01'05"E, ALONG SAID SOUTHWESTERLY LINE, 260.12 FEET; THENCE
S18°17'39"E, ALONG SAID SOUTHWESTERLY LINE, 497.24 FEET, TO A POINT ON THE EAST LINE OF THE
EAST ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S00°13'40'~A/, ALONG SAID EAST LINE, 5.60 FEET, TO ITS
INTERSECTION WITH THE NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S41°25'36'~N, ALONG SAID
NORTHWESTERLY LINE, 349.83 FEET; THENCE S65°53'59"E, ALONG SAID NORTHWESTERLY LINE, 160.25
FEET; THENCE S23°39'28'~/V, ALONG SAID NORTHWESTERLY LINE, 102.16 FEET; THENCE
NORTHWESTERLY, 104.12 FEET, ALONG A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY,
WHOSE 102.05 FOOT CHORD BEARS N09°34'17'~A/; THENCE N10°18'54"E, 412.57 FEET; THENCE
NORTHEASTERLY, 154.02 FEET, ALONG A 615.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY,
WHOSE 153.62 FOOT CHORD BEARS N03°08'26"E; THENCE S89°43'05'~/V, 331.93 FEET; THENCE
N00°16'55'~/V, 482.10 FEET; THENCE N62°56'13"E, 175.00 FEET; THENCE NORTHWESTERLY, 203.93 FEET,
ALONG A 1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD
BEARS N30°22'24"W; THENCE N58°34'58"E, 265.34 FEET, TO SAID POINT OF BEGINNING, CONTAINING 12.27
ACRES.
-AND-
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
S89°44'05'¥V, ALONG THE SOUTH LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST QUARTER, 1327.61
FEET; THENCE N00°16'15"E, ALONG THE WEST LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST
QUARTER, 708.65 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N00°16'15"E, ALONG SAID
WEST LINE, 478.98 FEET; THENCE S89°43'45"E, 605.50 FEET, TO A POINT ON THE NORTHWESTERLY LINE
OF HIGHWAY NO. 1; THENCE S53°53'27'~/V, ALONG SAID NORTHWESTERLY LINE, 91.91 FEET; THENCE
S41°15'16'~N, ALONG SAID NORTHWESTERLY LINE, 345.72 FEET; THENCE S62°03'39"W, ALONG SAID
NORTHWESTERLY LINE, 345.84 FEET, TO SAID POINT OF BEGINNING, CONTAINING 3.78 ACRES.
SAID RESULTANT PARCEL OF LAND CONTAINS 16.05 ACRES, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
C. The following property is hereby reclassified from its current designation to CO-1, Office Commercial,
subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated
herein:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE N01°01'58"E, ALONG THE EASTERLY LINES OF LOT 11, LOT 10, LOT 9 AND
LOT 8 OF SAID R.H. DAVIS SUBDIVISION, 396.57 FEET, TO THE SOUTHWEST CORNER OF LOT 12 OF SAID
R.H. DAVIS SUBDIVISION; THENCE S66°18'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 12, A
DISTANCE OF 75.75 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N23°47'56"E, ALONG THE
EASTERLY LINE OF SAID LOT 12, A DISTANCE OF 199.77 FEET, TO THE SOUTHWEST CORNER OF LOT 18
OF SAID R.H. DAVIS SUBDIVISION; THENCE S66°14'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 18, A
DISTANCE OF 224.57 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N23°42'17"E, ALONG THE
EASTERLY LINE OF SAID LOT 18, A DISTANCE OF 129.56 FEET; THENCE NORTHWESTERLY, 52.60 FEET,
ALONG SAID EASTERLY LINE, AND A 54.67 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE
50.59 FOOT CHORD BEARS N03°51'23'~A/; THENCE N58°34'58"E, 83.82 FEET, TO A POINT ON THE
SOUTHWESTERLY LINE OF HIGHWAY NO. 218; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE,
343.30 FEET; THENCE S58°34'58'~N, 265.34 FEET; THENCE SOUTHEASTERLY, 203.93 FEET, ALONG A
1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD BEARS
Ordinance No. 05-4164
Page 3
S30°22'24"E; THENCE S62°56'13'~¥, 175.00 FEET; THENCE S00°16'55"E, 424.04 FEET; THENCE S89°43'05'~/V,
639.14 FEET, TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
N00°16'15"E, ALONG SAID WEST LINE, 120.01 FEET; THENCE N89°43'05"E, 250.13 FEET; THENCE
N00°39'57"E, 321.57 FEET, TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 10.92 ACRES,
AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
D. The following property is hereby reclassified from its current designation to RR-1, Rural Residential,
subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated
herein:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 2, OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S88°58'43"E, 143.89 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF
HIGHWAY NO. 218; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, 520.41 FEET; THENCE
S58°34'58'¥V, 83.82 FEET, TO A POINT ON THE SOUTHERLY LINE OF OLDE OAK LANE; THENCE
NORTHWESTERLY, ALONG SAID SOUTHERLY LINE, 64.07 FEET, AND A 54.67 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 60.47 FOOT CHORD BEARS N64°59'26'~/V; THENCE N08°52'23'~/,
60.00 FEET, TO A POINT ON THE NORTHERLY LINE OF SAID OLDE OAK LANE; THENCE S81°07'37'~/V,
ALONG SAID NORTHERLY LINE OF OLDE OAK LANE, 291.64 FEET, TO THE SOUTHEAST CORNER OF LOT 6
OF SAID R.H. DAVIS SUBDIVISION; THENCE N01°05'35"E, ALONG THE EASTERLY LINE OF SAID R.H. DAVIS
SUBDIVISION, 450.59 FEET, TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 2.83
ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION I1. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
Zoning Map of the City of Iowa City, Iowa to conform to this amendment upon final passage, approval, and
publication of this Ordinance as provided by law.
SECTION Ill. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
Ordinance, the Mayor is hereby authorized and directed to sign and the City Clerk to attest, the Conditional
Zoning Agreement between the City and the owners of the property requested for rezoning.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance 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 Agreement and to record the same at the Office
of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and pads of ordinances in conflict with the provisions 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 pad thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Ordinance No. 05-4164
Page 4
Passed and approved this 5th day of ,~u1¥ ,20 05 .
MAYOR
ATTEST: )~1~.) /'~. Kg4cV~
ClTY~LERK
Appro /" /
CitCttorney'¢O~ //,..~ ~ %_
Ordinance No. 05-41
Page 5
It was moved by Vancl~rhoe f and seconded by ~ that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
:~ Champion
× Elliott
× Lehman
;~ O'Donnell
× Vanderhoef
× Wilburn
First Consideration 4/19/05
Voteforpassage: AYES: Baile)', Champion, E1]~ott, Lehman, O'Donne]], Yanderhoef.
NAYS: None. ABSENT: Wi]burn.
Second Consideration 5/$/05
Voteforpassage: AYES: Bailey, Champion, E]]iott, Lehman, O'Donne]l, Yanderhoef,
Wi]burn. NAYS: None. ABSENT: None.
Date published 7/1 3/(15
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5247 (REZ04-00030)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City"), and James R. Davis, Robert A. Davis, and Jan E. Smith
(hereinafter "Owners"); and
WHEREAS, Owners are owners and legal title holders of approximately 50.03 acres of property
located north of Highway 1, west of Highway 218, and east of Kitty Lee Road; and
WHEREAS, the Owners have requested voluntary annexation of the property to the City of Iowa
City, and have requested commercial zoning for a majority of the property to enable a
commercial subdivision and development; and
WHEREAS, the Planning and Zoning Commission has recommended approval of commercial
zoning for a majority of the property subject to conditions related to infrastructure needs, funding
for infrastructure, landscaping and fencing, access control, and the provision of sanitary sewer;
and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs that are directly caused by the requested change in zoning; and
WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to
ensure adequate infrastructure is in place for urban commercial development, future
infrastructure needs are adequately funded to minimize costs to the public, fencing and
landscaping are adequate to minimize visual impacts on adjacent residential properties, and
sanitary sewer infrastructure is designed to be upgraded to serve the larger watershed; and
WHEREAS, Owners agree to use this property in accordance with the terms and conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties
agree as follows:
1. Robert A. Davis, James R. Davis, and Jan E. Smith are the owners and legal title holders of
the property legally described as follows:
CO-1 ZONE
BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE N01°01'58"E, ALONG THE EASTERLY LINES OF LOT 11, LOT 10, LOT.9 AND
LOT 8 OF SAID R.H. DAVIS SUBDIVISION, 396.57 FEET, TO THE SOUTHWEST CORNER OF LOT 12 OF SAID
R.H. DAVIS SUBDIVISION; THENCE S66°18'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 12, A
DISTANCE OF 75.75 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N23°47'56"E, ALONG THE
EASTERLY LINE OF SAID LOT 12, A DISTANCE OF 199.77 FEET, TO THE SOUTHWEST CORNER OF LOT 18
OF SAID R.H. DAVIS SUBDIVISION; THENCE S66°14'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 18, A
DISTANCE OF 224.57 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N23°42'17"E, ALONG THE
EASTERLY LINE OF SAID LOT 18, A DISTANCE OF 129.56 FEET; THENCE NORTHWESTERLY, 52.60 FEET,
ALONG SAID EASTERLY LINE, AND A 54.67 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE
50.59 FOOT CHORD BEARS N03°51'23"W; THENCE N58°34'58"E, 83.82 FEET, TO A POINT ON THE
Conditional Zoning Agreement (REZ04-00030)
Page 2
SOUTFIWESTERLY LINE OF HIGHWAY NO. 218; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE,
343.30 FEET; THENCE S58°34'58"W, 265.34 FEET; THENCE SOUTHEASTERLY, 203.93 FEET, ALONG A
1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD BEARS
S30°22'24"E; THENCE S62°56'13"W, 175.00 FEET; THENCE S00°16'55"E, 424.04 FEET; THENCE S89°43'05"W,
63g.14 FEET, TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
N00°16'15"E, ALONG SAID WEST LINE, 120.01 FEET; THENCE N89°43'05"E, 250.13 FEET; THENCE
N00°39'57"E, 321.57 FEET, TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 10.92 ACRES,
AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
01-1 ZONE
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89°55'12"E, ALONG THE NORTH
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 1325.59 FEET; THENCE
S00°16'15"W, ALONG THE WEST LINE OF THE EAST ONE-HALF OF SAID SOUTHWEST QUARTER, 442.44
FEET, TO THE POINT OF BEGINNING; THENCE N89°43'05"E, 639.14 FEET; THENCE S00°16'55"E, 58.06 FEET;
THENCE N89°43'05"E, 331.93 FEET; THENCE SOUTHWESTERLY, 154.02 FEET, AND A 615.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 153.62 FOOT CHORD BEARS S03°08'26"W; THENCE
S10°18'54"W, 412.57; THENCE SOUTHEASTERLY, 104.12 FEET, ALONG A 150.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 102.05 FOOT CHORD BEARS S09°34'17"E, TO A POINT ON THE
NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S23°39'28"W, ALONG SAID NORTHWESTERLY LINE,
113.82 FEET; THENCE S53°53'27"W, ALONG SAID NORTHWESTERLY LINE, 321.32 FEET; THENCE
N89°43'45"W, 605.50 FEET, TO A POINT ON THE WEST LINE OF THE SAID EAST ONE-HALF OF THE
SOUTHWEST QUARTER OF SECTION 20; THENCE N00°16'lS"E, ALONG SAID WEST LINE, 1003.96 FEET, TO
SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 20.22 ACRES, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
CC-2 ZONE
COMMENCING AT THE NORTHEAST CORNER OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH THE
PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S35°26'49"E, ALONG THE SOUTHWESTERLY LINE OF HIGHWAY NO. 218, A
DISTANCE OF 162.11 FEET; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, 951.85 FEET, TO
THE POINT OF BEGINNING; THENCE CONTINUING S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE,
440.62 FEET; THENCE S05°01'05"E, ALONG SAID SOUTHWESTERLY LINE, 260.12 FEET; THENCE
S18°17'39"E, ALONG SAID SOUTHWESTERLY LINE, 497.24 FEET, TO A POINT ON THE EAST LINE OF THE
EAST ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S00°13'40"W, ALONG SAID EAST LINE, 5.60 FEET, TO ITS
INTERSECTION WITH THE NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S41°25'36"W, ALONG SAID
NORTHWESTERLY LINE, 349.83 FEET; THENCE S65°53'59"E, ALONG SAID NORTHWESTERLY LINE, 160.25
FEET; THENCE S23°39'28"W, ALONG SAID NORTHWESTERLY LINE, 102.16 FEET; THENCE
NORTHWESTERLY, 104.12 FEET, ALONG A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY,
WHOSE 102.05 FOOT CHORD BEARS N09°34'17"W; THENCE N10°18'54"E, 412.57 FEET; THENCE
NORTHEASTERLY, 154.02 FEET, ALONG A 615.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY,
WHOSE 153.62 FOOT CHORD BEARS N03°08'26"E; THENCE S89°43'05"W, 331.93 FEET; THENCE
N00°16'55"W, 482.10 FEET; THENCE N62°56'13"E, 175.00 FEET; THENCE NORTHWESTERLY, 203.93 FEET,
ALONG A 1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD
BEARS N30°22'24"W; THENCE N58°34'58"E, 265.34 FEET, TO SAID POINT OF BEGINNING, CONTAINING 12.27
ACRES.
-AND-
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
S89°44'05"W, ALONG THE SOUTH LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST QUARTER, 1327.61
FEET; THENCE N00°16'15"E, ALONG THE WEST LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST
QUARTER, 708.65 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N00°16'15"E, ALONG SAID
WEST LINE, 478.98 FEET; THENCE S89°43'45"E, 605.50 FEET, TO A POINT ON THE NORTHWESTERLY LINE
OF HIGHWAY NO. 1; THENCE S53°53'27'~N, ALONG SAID NORTHWESTERLY LINE, 91.91 FEET; THENCE
Conditional Zoning Agreement (REZ04-00030)
Page 3
S41o15'16"W, ALONG SAID NORTHWESTERLY LINE, 345.72 FEET; THENCE S62°03'39"W, ALONG SAID
NORTHWESTERLY LINE, 345.84 FEET, TO SAID POINT OF BEGINNING, CONTAINING 3.78 ACRES.
SAID RESULTANT PARCEL OF LAND CONTAINS 16.05 ACRES, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
RR-1 ZONE
BEGINNING AT THE SOUTHEAST CORNER OF LOT 2, OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S88°58'43"E, 143.89 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF
HIGHWAY NO. 218; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, 520.41 FEET; THENCE
S58°34'58"W, 83.82 FEET, TO A POINT ON THE SOUTHERLY LINE OF OLDE OAK LANE; THENCE
NORTHWESTERLY, ALONG SAID SOUTHERLY LINE, 64.07 FEET, AND A 54.67 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 60.47 FOOT CHORD BEARS N64°59'26"W; THENCE N08°52'23"W,
60.00 FEET, TO A POINT ON THE NORTHERLY LINE OF SAID OLDE OAK LANE; THENCE S81°07'37'W,
ALONG SAID NORTHERLY LINE OF OLDE OAK LANE, 291.64 FEET, TO THE SOUTHEAST CORNER OF LOT 6
OF SAID R.H. DAVIS SUBDIVISION; THENCE N01°05'35'E, ALONG THE EASTERLY LINE OF SAID R.H. DAVIS
SUBDIVISION, 450.59 FEET, TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 2.83
ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Parties acknowledge that Iowa Code Section 414.5 (2005) provides that the City of
Iowa City may impose reasonable conditions on granting an applicant's rezoning request,
over and above the existing regulations, in order to satisfy public needs directly caused by
the requested change.
3. In consideration of the City's rezoning the subject property, Owners agree that development
of the subject property will conform to all other requirements of the Zoning Chapter, as well
as the following conditions:
a. Naples Avenue/Hi,qhwa¥ 1: Turning lanes and a traffic signal at the intersection of
Highway I and Naples Avenue will be constructed, as recommended in the Traffic
Impact Study dated February 2005 submitted for this property, prior to an occupancy
permit being issued for any lot on the property. The design of the turning lanes and
street pavement shall be included as part of a final plat for the property, to be approved
by the City. Except for the City's reimbursement specified below, the
developer/subdivider shall install and fund:
All improvements on the north leg of the Highway 1/Naples Avenue intersection;
All turn lanes improvements for traffic turning north onto Naples Avenue from Highway 1;
All improvements made to align the south leg of Naples Avenue with the north leg; and
the intersection traffic signal.
The City of Iowa City shall reimburse to the developer/subdivider installing such
improvements:
20% of the cost of the intersection traffic signal improvements; and
100% of the cost for improvements made to the south leg of Naples Avenue.
Such reimbursement shall be promptly made upon completion of these improvements
and acceptance by the City. The developer/subdivider shall submit to the City receipts
for the costs of these improvements, which the City shall use to determine the
reimbursement. Said improvements are to be installed and accepted by the City of Iowa
Conditional Zoning Agreement (REZ04-00030)
Page 4
City and the Department of Transportation prior to the issuance of an occupancy permit
for any lot in the development. Turn lane improvements, if any, for traffic turning south
onto Naples Avenue from Highway One will be the City's sole obligation.
b. Naples Avenue Desiqn and Access: Naples Avenue north of Highway 1 will be
constructed to collector street standards, with a shared access point for Lots 13 and 14,
as numbered on the MWD Davis Addition Concept Plan submitted to the City on
February 17, 2005. The access drives to Lot 2, the Intensive Commercial zoned lot, shall
be opposite this access point, and a second access point may be located at the northern
edge of the Intensive Commercial zoned area, to create predictable and consistent
access points with adequate queuing storage on Naples Avenue.
c. Kitty Lee Road Improvements: Prior to access being permitted to Kitty Lee Road from a
commercially zoned portion of the Owners' property, Kitty Lee Road will need to be
reconstructed to City collector street standards from Highway 1 to the northern most
commercial driveway. To determine if Highway 1 left and right-turn lanes are needed on
Highway 1 and to determine the appropriate design of such turn lanes, a traffic study, to
be approved by the City, must be completed to predict turning movements based on the
proposed land use of any of owners' commercial property utilizing Kitty Lee Road for
access. These improvements and any other improvements recommended by the traffic
study must be completed prior to an occupancy permit being issued for any commercial
property within the Owners' real estate using Kitty Lee Road for access.
d. Kitty Lee Road Funding: When an access to Kitty Lee Road is proposed for any
commercial lot within the Owners' real estate with frontage on Kitty Lee Road, the
developer/subdivider shall, if not sooner reconstructed, improve Kitty Lee Road to City
collector street standards between Highway 1 and the northernmost commercial
driveway. Upon City acceptance of the reconstructed portion of Kitty Lee Road, the City
shall promptly reimburse the developer/subdivider installing the improvements for 100%
of the cost of the paving for over-sizing the street from a local to a collector street and ii)
25% of the cost of installing the street (grading, paving, curbs, gutters and storm sewers)
to local street standards. The developer/subdivider shall submit to the City receipts for
the costs of these improvements, which the City shall use to determine the
reimbursement.
e. Landscaping: The landscaping generally depicted on the preliminary landscaping plan
dated January 27, 2005 submitted to the City of Iowa City shall be planted prior to the
issuance of an occupancy permit for any lot on the property. The final design of said
landscaping shall be approved as part of final plat approval, and shall be acceptable if it
is either in substantial compliance with the preliminary plan or a modified plan that may
also be acceptable to the City.
f. Fencinq: The design of any fencing that totals more than 150 feet in length along the
west boundary of the Cl-1 zoned area shall include design enhancing features at least
every 100' that provide dimensional and visual interest. Such design enhancing features
shall be subject to approval as part of the site plan approval process, which design
approval shall not be unreasonably withheld and shall not require additional
expenditures of more than $7500 for each 100 feet of fence (unless expense offsetting
adjustments in the January 27, 2005 landscaping plan are approved by the City). No
design enhancing features will be required that affect the functional utility of the fence
for the purposes for which it is erected including, but not limited to such functions as
Conditional Zoning Agreement (REZ04-00030)
Page 5
security, screening, storage and/ or display for merchandize outside of the principal
building.
g. Access Control: No direct driveway access to Highway 1 is permitted.
h. Sanitary Sewer Provision: The sanitary sewer lift station to be provided on the property
shall be sized to serve the proposed development with potential to be upgraded to serve
the entire watershed. The design of this sanitary sewer infrastructure shall be approved
as part of the approval of construction plans to be submitted with a final plat for the
property.
i. Highway 1 Sidewalk: In lieu of requiring the Owners to construct a sidewalk along the
Highway 1 frontage, the Owners agree to deposit with the City before the first building
permit is issued the sum of $18,000. Said amount is intended as a contribution to the
cost of paving a sidewalk along the Highway 1 frontage of the Owners' property provided
the sidewalk is installed within seven years after the date of such deposit as part of a
walkway system on the north side of Highway 1 connecting such sidewalk that may be
installed on the Owners' property in either an easterly or westerly direction with a
Highway I walkway system. The City shall bear any cost for such a sidewalk, if installed,
in excess of the $18,000 contribution. In the event that the City's construction of such a
sidewalk has not commenced within seven years after the date of the deposit of the
funds with the City, then the escrowed funds shall be promptly returned to the Owner
without interest. The City may return the funds sooner if it determines that no such
sidewalk is to be installed. The City's failure to install such a sidewalk within said seven
year period shall not preclude the City from later installing a sidewalk and financing such
project by special assessment and/or other manner permitted by law.
4. Owners and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code Section 414.5 (2005), and that said
conditions satisfy public needs which are directly caused by the requested zoning change.
5. Owners and City 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.
6. 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 of record by 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.
7. Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed
to relieve the Owners or future owners from complying with all applicable local, state, and
federal regulations.
8. 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 the applicant's expense.
*** Remainder of this Page has been left Blank Intentionally ***
Conditional Zoning Agreement (REZ04-00030)
Page 6
Dated this 5th day o[ July ,2005.
OWNERS /' CITY OFfi,O~ CITY, IOWA
'~,,/ By~
Jan EI~ ~,~ Ernest W. Lehman, Mayor
Eric Smith ~ Ma~an K. Ka~, CiW Cl~k
a;b[~ ~. ~avis ' ~
Barb~a Dabs
04/14/2005 15:05 FAX 319 354 696~ PHELAN LAW ~007
Conditional Zoning Agreement (REZ04-00030)
Page 6
Dated this "i~:d~y of ,2005.
Ernest W. Lehma~.~
Eric ~~ By /
~;s ~ Da~s
Approved by:
City Attorney's Office
04/14/2005 15:06 FAX 319 354 6962 PIS, ELAN LAW ~008
ConditionalZoning Agreement(REZ04-00030)
Page 7
OWNERS' ACKNOWLEDGEMENTS
Stat¢of (..ok.~.~o ,Countyof 6ooX~r ss:
On this I~~' day of .A .ot~ . 2005, before me, a notary public for said state, personally
appeared Jan Ellen Smith nod Eric Smith~ wife and husband, to me known to be the persons named in and
who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary
act and d~d.
Nota lie for the State of Iowa
State of Iowa, Coumty of Johnson, ss:
On this~_ day of . , 2005,~.bef6~ me, a notaxy public for said state, personally
appeared Robert A. Davis and PatQ Davi~%.h~band and wife, to me known to be the persons named in
and who executed the foregoing h~.Jx~fict~t,..~and a~knowledged that they executed the same as their
volantary act and deed. ~.
Notaxy Public for the State of Iowa
State of County. Of , ss:
On this day of , ~00~,. before me, a~ol~Y public for said state, personally
James tL Davis and Barbara Davis, hu~ha~d angl.~ffe, to me known to be the person named in
appeared
and who executed the foregoing instrument, and~cfi~ledged that they executed the same as their
voluntary act and deed.
~otary
Public for the statc~9~f Iowa
Conditional Zoning Agreement (REZ04-00030)
Page 7
OWNERS' ACKNOWLEDGEMENTS
State of , Cotmty of ss:
On this day of . , 2005, be£d'r~ me, a notary public for said state, personally
appeared Jan Ellen Smith arid.Eric Smith, wife ad~J'husband, to me known to be the persons named in and
who executed the foregoing ins~ment,:.~ndgi~lmowledged that they executed the same as their voluntary
act and deed ......
Notary Public for the State
State of Iowa, County of Johnson, ss:
On this //~ day of /~. , 2005, before me, a notary public for said state, personally
appeared Robert A. Davis and Patti Davis, husband and wife, to me known to be the persons named in
and who executed the foregoing instrument, and acknowledged that they executed the same as their
voluntary act and deed.
Ir I 'l ay c~ ~ I Notary Public for the State of Iowa
I '111"1 ,I
State of //2/4~ , County of ,~.,~-~ ,ss:
On this /~-'h~ day of {,([0H~[ , 2005, before me, a nota~ public for said state, personally
appeared James R. Davis and Barbara Davis, husband and wife, to me ~om to be the person named in
and who executed the foregoing ins~ment, and ac~owledged that they executed the same as their
voluntaw act and deed.
' [~[~A~ ~N[ Nota~ Public for the State of Iowa
Conditional Zoning Agreement (REZ04-00030)
Page 8
CITY OF IOWA CITY ACKNOWLEDGEMENT:
State of Iowa, County of Johnson, ss:
On this, s~day of_-~_~, 2005, before me, the undersigned, a notary public for the state of Iowa,
personally appeared E"mest W. Lehman and Marian K. Karr, to me personally known, who, being by me
duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa,
executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation
by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of
said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily
executed.
I.~ I SONDRAE FORT
I~~'~ ~-I Commission Number 159791I
I'.~ff~'l My Commission Expires
I ~ I ~/~/o .O I Notary Public f~r the State of Iowa
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ05-00001)
ORDINANCE NO. 05-4165
AN ORDINANCE APPROVING A SENSITIVE AREAS OVERLAY ZONE AND A SENSITIVE AREAS
DEVELOPMENT PLAN FOR MWD DAVIS ADDITION
WHEREAS, the Applicants, James Davis, Robert Davis, and Jan Smith, have applied for approval of a
Sensitive Areas Development Plan for MWD Davis Addition, approximately 50.04 acres of territory located north of
Highway 1, west of Highway 218, and east of Kitty Lee Road; and
WHEREAS, the Applicants' engineer, MMS Consultants, has prepared a Wetland Mitigation Plan for changes
proposed to be made to the wetlands on the property, and the U.S. Army Corps of Engineers has accepted and
approved the Wetland Mitigation Plan; and
WHEREAS, the proposed Sensitive Areas Development Plan includes the wetlands as approved in the
mitigation plan, and includes wetland buffers as required by the City of Iowa City; and
WHEREAS, the Planning and Zoning Commission has reviewed and approved of the wetland buffer averaging
as depicted on the Sensitive Areas Development Plan, provided the planting plan in the Wetland Mitigation Plan
includes the buffer area. The planting plan has been updated to include the buffer area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL. A Sensitive Areas Overlay zone is hereby approved for the property described
below, which is currently zoned CO-1 (10.92 acres), C1-1 (20.22 acres), CC-2 (16.05 acres), and RR-1 (2.83 acres),
and the associated Sensitive Areas Development Plan and associated Wetland Mitigation Plan are hereby
approved:
CO-1 ZONE: BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, OF R.H. DAVIS SUBDIVISION, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE N01°01'58"E, ALONG THE EASTERLY LINES OF LOT 11, LOT 10,
LOT 9 AND LOT 6 OF SAID R.H. DAVIS SUBDIVISION, 396.57 FEET, TO THE SOUTHWEST CORNER OF LOT 12 OF
SAID R.H. DAVIS SUBDIVISION; THENCE S66°18'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 12, A DISTANCE
OF 75.75 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N23°47'56"E, ALONG THE EASTERLY LINE OF
SAID LOT 12, A DISTANCE OF 199.77 FEET, TO THE SOUTHWEST CORNER OF LOT 18 OF SAID R.H. DAVIS
SUBDIVISION; THENCE S66°14'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 18, A DISTANCE OF 224.57 FEET,
TO THE SOUTHEAST CORNER THEREOF; THENCE N23°42'17"E, ALONG THE EASTERLY LINE OF SAID LOT 18, A
DISTANCE OF 129.56 FEET; THENCE NORTHWESTERLY, 52.60 FEET, ALONG SAID EASTERLY LINE, AND A 54.67
FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.59 FOOT CHORD BEARS N03°51'23"W; THENCE
N58°34'58"E, 83.82 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF HIGHWAY NO. 218; THENCE
S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, 343.30 FEET; THENCE S58°34'58"W, 265.34 FEET; THENCE
SOUTHEASTERLY, 203.93 FEET, ALONG A 1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE
203.82 FOOT CHORD BEARS S30°22'24"E; THENCE S62°56'13"W, 175.00 FEET; THENCE S00°16'55"E, 424.04 FEET;
THENCE S89°43'05"W, 639.14 FEET, TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE
SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN; THENCE N00°16'15"E, ALONG SAID WEST LINE, 120.01 FEET; THENCE N89°43'05"E, 250.13 FEET;
THENCE N00°39'57"E, 321.57 FEET, TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 10.92
ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
C1-1 ZONE: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE
6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89°55'12"E, ALONG THE
NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 1325.59 FEET; THENCE
S00°16'15"W, ALONG THE WEST LINE OF THE EAST ONE-HALF OF SAID SOUTHWEST QUARTER, 442.44 FEET, TO
THE POINT OF BEGINNING; THENCE N89°43'05"E, 639.14 FEET; THENCE S00°16'55"E, 58.06 FEET; THENCE
N89°43'05"E, 331.93 FEET; THENCE SOUTHWESTERLY, 154.02 FEET, AND A 615.00 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY, WHOSE 153.62 FOOT CHORD BEARS S03°08'26"W; THENCE S10°18'54"W, 412.57;
THENCE SOUTHEASTERLY, 104.12 FEET, ALONG A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY,
WHOSE 102.05 FOOT CHORD BEARS S09°34'17"E, TO A POINT ON THE NORTHWESTERLY LINE OF HIGHWAY NO.
1; THENCE S23°39'28"W, ALONG SAID NORTHWESTERLY LINE, 113.82 FEET; THENCE S53°53'27"W, ALONG SAID
NORTHWESTERLY LINE, 321.32 FEET; THENCE N89°43'45"W, 605.50 FEET, TO A POINT ON THE WEST LINE OF
THE SAID EAST ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 20; THENCE N00°16'15"E, ALONG SAID
WEST LINE, 1003.96 FEET, TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 20.22 ACRES, AND
IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
CC-2 ZONE: COMMENCING AT THE NORTHEAST CORNER OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE
WITH THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S35°26'49"E, ALONG THE SOUTHWESTERLY LINE OF HIGHWAY NO. 218, A
DISTANCE OF 162.11 FEET; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, 951.85 FEET, TO THE
POINT OF BEGINNING; THENCE CONTINUING S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, 440.62 FEET;
THENCE S05°01'05"E, ALONG SAID SOUTHWESTERLY LINE, 260.12 FEET; THENCE S18°17'39"E, ALONG SAID
SOUTHWESTERLY LINE, 497.24 FEET, TO A POINT ON THE EAST LINE OF THE EAST ONE-HALF OF THE
Ordinance No. 05-41
Page 2
SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN; THENCE S00o13'40"W, ALONG SAID EAST LINE, 5.60 FEET, TO ITS INTERSECTION WITH THE
NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S41o25'36"W, ALONG SAID NORTHWESTERLY LINE, 349.83
FEET; THENCE S65o53'59"E, ALONG SAID NORTHWESTERLY LINE, 160.25 FEET; THENCE S23o39'28"W, ALONG
SAID NORTHWESTERLY LINE, 102.16 FEET; THENCE NORTHWESTERLY, 104.12 FEET, ALONG A 150.00 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 102.05 FOOT CHORD BEARS N09o34'17"W; THENCE
N10°18'54"E, 412.57 FEET; THENCE NORTHEASTERLY, 154.02 FEET, ALONG A 615.00 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERI~Y, WHOSE 153.62 FOOT CHORD BEARS N03o08'26"E; THENCE S89o43'05"W, 331.93
FEET; THENCE NOOo16'55"W, 482.10 FEET; THENCE N62o56'13"E, 175.00 FEET; THENCE NORTHWESTERLY, 203.93
FEET, ALONG A 1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD
BEARS N30o22'24"W; THENCE N58o34'58"E, 265.34 FEET, TO SAID POINT OF BEGINNING, CONTAINING 12.27
ACRES.
-AND- COMMENCING AT THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWEST
QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
S89o44'05"W, ALONG THE SOUTH LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST QUARTER, 1327.61 FEET;
THENCE N00o16'15"E, ALONG THE WEST LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST QUARTER, 708.65
FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N00o16'15"E, ALONG SAID WEST LINE, 478.98 FEET;
THENCE S89o43'45"E, 605.50 FEET, TO A POINT ON THE NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE
S53°53'27"W, ALONG SAID NORTHWESTERLY LINE, 91.91 FEET; THENCE S41o15'16"W, ALONG SAID
NORTHWESTERLY LINE, 345.72 FEET; THENCE S62o03'39"W, ALONG SAID NORTHWESTERLY LINE, 345.84 FEET,
TO SAID POINT OF BEGINNING, CONTAINING 3.78 ACRES.
SAID RESULTANT PARCEL OF LAND CONTAINS 16.05 ACRES, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
RR-1 ZONE: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2, OF R.H. DAVIS SUBDIVISION, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S88o58'43"E, 143.89 FEET, TO A POINT ON THE
SOUTHWESTERLY LINE OF HIGHWAY NO. 218; THENCE S31o25'02"E, ALONG SAID SOUTHWESTERLY LINE, 520.41
FEET; THENCE S58o34'58"W, 83.82 FEET, TO A POINT ON THE SOUTHERLY LINE OF OLDE OAK LANE; THENCE
NORTHWESTERLY, ALONG SAID SOUTHERLY LINE, 64.07 FEET, AND A 54.67 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, WHOSE 60.47 FOOT CHORD BEARS N64o59'26"W; THENCE N08o52'23"W, 60.00 FEET, TO A
POINT ON THE NORTHERLY LINE OF SAID OLDE OAK LANE; THENCE S81o07'37"W, ALONG SAID NORTHERLY LINE
OF OLDE OAK LANE, 291.64 FEET, TO THE SOUTHEAST CORNER OF LOT 6 OF SAID R.H. DAVIS SUBDIVISION;
THENCE N01o05'35"E, ALONG THE EASTERLY LINE OF SAID R.H. DAVIS SUBDIVISION, 450.59 FEET, TO SAID
POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 2.83 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 conform to this amendment upon the final passage, approval and publication of this
ordinance as provided by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the ordinance, the City
Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the Wetland Mitigation Plan
prepared for this property and approved by the U.S. Army Corps of Engineers and to record the approved Sensitive
Areas Development Plan, at the Office of the County Recorder of Johnson County, Iowa, at the owners' expense, all
as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V_ SEVERABILITY. If any section, provision or part of 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 VI. EFFECTIVE DATF This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
~~j~g~.and approved this 5th day of July ,20 05
ATTEST: ~ ~,x~
ClTY'CLER~ "
ppdadm/ord/REZ05~OO01 .doc
Ordinance No. 05-4165
Page 3
It was moved by Champion and seconded by Bailey that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
x Champion
x Elliott
x Lehman
× O'Donnell
x Vanderhoef
x Wilburn
First Consideration 6/7/05
Voteforpassage:AYES: Champion, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey.
NAYS: None. ABSENT: Lehman.
Second Consideration 6 / 21 / 0 5
Voteforpassage: AYES: Elliott, Lehman, O'Donnell, Wilburn, Bailey, Champion.
NAYS: None. ABSENT: Vanderhoef.
Date published 7/13/05
Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ04-00017)
ORDINANCE NO. 05-4166
AN ORDINANCE TO REZONE APPROXIMATELY 25.67 ACRES BY AMENDING A PLANNED
DEVELOPMENT HOUSING OVERLAY - LOW DENSITY SINGLE-FAMILY RESIDENTIAL (OPDH-5)
PLAN IN ORDER TO ALLOW ADDITIONAL ZERO-LOT LINE DWELLINGS FOR PROPERTY LOCATED
ON WINTERGREEN DRIVE
WHEREAS, the owner, Third Street Partners, has requested a rezoning to amend a previously
approved Planned Development Housing Overlay for portions of the Village Green South Development; and
WHEREAS, the approval of the amended OPDH plan will allow an increase in development density;
and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendments and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL The Planned Development Housing Overlay plan for the property described
below is hereby amended:
Beginning at the Southeast corner of Village Green South Part Two, in accordance with the Plat thereof
recorded in Book 18, at Page 67, of the records of the Johnson County Recorder's Office; Thence
N00°47'13"E, along the Easterly line of said Village Green South Part Two, 988.7 feet, to the Northeast corner
thereof and a point on the Southerly line of Village Green Part XII, in accordance with the Plat thereof recorded
in Book 32, at Page 313, of the records of the Johnson County Recorder's Office; Thence N89°57'00"E, along
the Southerly line of said Village Green Part XII, a distance of 174.8 feet, to the Southeast corner thereof;
Thence N00°03'00'¥V, along the Easterly line of said Village Green Part Xll, 84.8 feet; Thence N08°58'49"E,
along said Eastedy line, 136.9 feet; Thence N39°29'01"E, along said Easterly line, 112.9 feet, to its intersection
with the Southerly Right-of-Way line of Village Road; Thence Southeasterly, along said Southerly Right-of-Way
line, 79.8 feet, and a 746.7 foot radius curve, concave Northeasterly, whose 79.7 foot chord beam
S53°34'36"E, to its intersection with the Westedy Right-of-Way line of Wintergreen Drive; Thence
Southeasterly, along said Westedy Right-of-Way line, 30.1 feet; and a 20.0 foot radius curve, concave
Southwesterly, whose 27.3 foot chord bears S13°30'23"E; Thence S29°37'26"W, along said Westerly Right-of-
Way line, 17.8 feet; Thence Southwesterly, along said Westerly Right-of-Way line, 182.7 feet, and a 295.0 foot
radius curve, concave Southeasterly, whose 179.8 foot chord bears S11°52'46'~/V; Thence S05°51'54"E, along
said Westerly Right-of-Way line, 48.0 feet, to a point on the Westerly line of Village Green Part XX, in
accordance with the recorded Plat thereof; Thence Southeasterly, along said Westerly line, 87.7 feet, and a
525.4 foot radius curve, concave Northeasterly, whose 87.6 foot chord bears S10°38'47"E; Thence
Southwesterly, along said Westerly line, 30.9 feet, and a 20.0 foot radius curve, concave Northwesterly, whose
27.9 foot chord beam S28°49'55'¥V; Thence S16°54'29"E, along said Westerly line, 50.0 feet; Thence
Northeasterly, along said Westerly line, 4.6 feet, and a 192.0 foot radius curve, concave Northwesterly, whose
4.6 foot chord bears N72°24'01"E; Thence Southeasterly, along said Westerly line, 29.1 feet, and a 20.0 foot
radius curve, concave Southwesterly, whose 26.6 foot chord beam S66°35'50"E; Thence Southeasterly, along
the Southwesterly line of said Village Green Part XX, 189.7 feet, and a 525.4 foot radius curve, concave
Northeasterly, whose 188.6 foot chord beam S35°14'41"E; Thence Southeasterly, along said Southwesterly
line, 29.6 feet, and a 20.0 foot radius curve, concave Southwesterly, whose 27.0 foot chord beam S03°13'01"E;
Thence S39°09'10'~/, along said Southwesterly line, a distance of 0.4 feet; Thence S50050'50"E, along said
Southwesterly line, 55.0 feet; Thence Northeasterly, along said Southwesterly line, 29.8 feet, and a 20.0 foot
radius curve, concave Southeasterly, whose 27.1 foot chord bears N81°47'1 I"E; Thence Southeasterly, along
said Southwesterly line, 223.3 feet, and a 525.4 foot radius curve, concave Northeasterly, whose 221.6 foot
chord bears S67°45'24"E, to the Southeast corner thereof, and a point on the Westedy line of Village Green
Part XIX; Thence S10°04'01'~N, along said Westedy line, 98.2 feet, to the Southwest corner thereof, and the
Northwest corner of Village Green South Part 4B, in accordance with the Plat thereof recorded in Book 34, at
Page 41, of the records of the Johnson County Recorder's Office; Thence S00034'35'~/V, along the Westerly
line of said Village Green South Part 4B, 93.4 feet; Thence S52°21'37"E, along said Westerly line, 39.9 feet;
Thence S22°38'14'~N, along said Westerly line, 128.1 feet; Thence S14°51'41"E, along said Westedy line,
112.0 feet; Thence S52°21'37"E, along the Southerly line of said Village Green South Part 4B, 112.0 feet;
Thence S89°51'32"E, along said Southerly line, 112.0 feet; Thence N52°38'33"E, along said Southerly line,
Ordinance No. 05-4166
Page 2
84.7 feet; Thence N26°51'20"E, along said Southerly line, 118.6 feet; Thence S63°08'40"E, along said
Southerly line, 30.0 feet; Thence S26°51'20'~/, along said Southerly line, 125.0 feet; Thence S63°08'40"E,
along said Southerly line, 45.0 feet, to the Northwest corner of Village Green South Part 4A, in accordance with
the Plat thereof recorded in Book 34, at Page 40, of the records of the Johnson County Recorder's Office;
Thence S15°29'02'~/V, along the Westedy line of said Village Green South Part 4A, 82.4 feet; Thence
S60°29'42'~/V, along said Westedy line, 57.7 feet; Thence S22°59'47"W, along said Westerly line, 115.4 feet;
Thence S14°30'08"E, along said Westerly line, 115.4 feet; Thence S52°00'04"E, along the Southerly line of
said Village Green South Part 4A, 108.4 feet; Thence S85°12'19"E, along said Southerly line, 88.8 feet; Thence
S74°38'34"E, along said Southerly line, 239.8 feet; Thence N03°42'40'~N, along said Southerly line, 135.1 feet;
Thence Northeasterly, along said Southerly line, 24.4 feet, and a 150.0 foot radius curve, concave
Northwesterly, whose 24.4 foot chord bears N81°37'34"E; Thence S13°02'12"E, along said Southerly line,
129.9 feet; Thence N61°42'07"E, along said Southerly line, 232.5 feet, to the Southeast comer thereof, and a
point on the Westerly Right-of-Way line of Scott Boulevard; Thence S00°50'33"W, along said Westerly Right-of-
Way line, 600.5 feet, to its intersection with the Northerly Right-of-Way line of Iowa Interstate Railway; Thence
N61°00'36", along said Northerly Right-of-Way line, 1878.5 feet, to said POINT OF BEGINNING. Said Parcel
of land contains 25.67 acres, and is subject to easements and restrictions of record.
SECTION II. VARIATIONg. The following variations from the underlying Low Density Single-Family
(RS-5) zone are being approved as part of this Planned Development Housing Overlay approval:
a. Minimum lot area and lot width requirements are being reduced for Lots 80-97 and Lots 106-125 as
shown on the Planned Development Housing Overlay plan;
b. Maximum building coverage is being increased for Lots 80-97 and Lots 106-125;
c. Minimum front yard setbacks are reduced for Lots 80-97 and Lots 106-125 as shown on the OPDH
Plan;
d. Zero lot line attached dwellings are being permitted on Lots 80-97 and Lots 106-125.
SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this Ordinance by law.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and
directed to certify a copy of this ordinance and a copy of the amended OPDH Plan for this property, and
record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense,
upon the final passage, approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 unconstitutional.
SECTION VII. EFFECTIVE DATF. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
P.~,a~ and approved this 5r.h day, of .T,l¥ ,20 05
"'~IAYOR ~
ATTEST: ,,)y) (~,~,.'..~.~, ~
CITY CLERK
Approved by
C~ Attorney's Office
ppdadrn/res/REZ04-00017.doc
Ordinance No. 05-4166
Page 3
It was moved by Vanderhoef and seconded by Wilburn that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Elliott
× Lehman
x O'Donnell
x Vanderhoef
x Wilbum
First Consideration 6/7/05
Voteforpassage:AYES: F1]iott, O'Donne]], Vanderhoef, Wi]burn, Bailey, Champion,
NAYS: None. ABSENT: Lehman.
Second Consideration 6/21/05
Vote for passage: AYES: Lehman, 0'Donnell, Wilburn, Bailey, Champion, Bailey.
NAYS: None. ABSENT: Vanderhoe f.
Date published 7/13/05
AVIATION COMMERCE PARK
NORTH AIRPORT SUBDIVISION
SEE ALSO
AIR~'ORT, NORTH SUBDIVISION
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ05-00004)
ORDINANCE NO. 05-4167
AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION OF APPROXIMATELY
54 ACRES FROM PUBLIC/INTENSIVE COMMERCIAL (P/CI-I) ZONE TO COMMUNITY COMMERCIAL
(CC-2) ZONE FOR AVIATION COMMERCE PARK
WHEREAS, the City of Iowa City has initiated a rezoning action for Aviation Commerce Park,
approximately 54 acres of property located on the north side of the Iowa City Municipal Airport; and
WHEREAS, a retail commercial development has been proposed for the property, and for retail
commercial development to be permitted, the zoning designation must be changed to Community
Commercial (CC-2) zone; and
WHEREAS, the Planning and Zoning Commission found that all the properties abutting Aviation
Commerce Park are either commercial or Airport properties, and changing from Intensive Commercial to
Community Commercial will not have a negative impact on adjacent properties; and
WHEREAS, the Planning and Zoning Commission has recommended conditions related to landscaping,
pedestrian connections, road improvements, and building design in order to be consistent with the retail
appearance and site design policies enumerated in the South Central District Plan; and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's request over and above existing regulations, in order to
satisfy public needs caused by the rezoning request; and
WHEREAS, the owner acknowledges that certain conditions and restrictions are reasonable to ensure
the eventual development of the property is attractive and accessible, provides adequate infrastructure, and
is designed to facilitate reuse of large commercial structures.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement,
attached hereto and incorporated by reference herein, the property described below is hereby reclassified
as follows:
All of Lots 1-17, Outlot A, and a portion of Outlot C of the North Airport Development Subdivision
recorded in Plat Book 43, Page 182, Johnson County Recorders office; which is a portion of the
Northeast Quarter of Section 21 and the Southeast Quarter of Section 16, Township 79 North, Range 6
West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, further described as follows:
Beginning at the North Quarter Corner of Section 21; Thence N 00035'32" E 984.65 feet along the
west line of the North Airport Development;
Thence N 51 °23'44" E 59.53 feet to the Southwesterly Right of Way of Ruppert Road;
Thence Northwesterly 77.16 feet along a curve, of the Ruppert Road Right of Way, with a radius of
409.92 feet, concave Northeasterly, a central angle of 10°47'06", and a chord 77.05 feet in length
which bears N 36°11 '29" W;
Thence N 38°44'54'' W along said Right of Way 94.65 feet;
Thence N 00035'32" E along said Right of Way 140.32 feet to the North line of the North Airport
Development;
Thence S 89°29'19'' E along said North line 1041.99 feet;
Thence N 89°41'00" E along said North line 636.50 feet;
Thence N 89o43'00" E along said North line 491.70 feet;
Thence S 16029'25'' E along the East line of Lot 5, North Airport Development, 456.20 feet to the
Southeast Corner of Lot 5;
Thence S16°32'04'' E 217.42 feet to the South line of the North Airport Development;
Thence S 70°15'04" W along said South line 1033.22 feet;
Thence S 73°19'46' W along said South line 1321.45 feet;
Thence N 55055'22" W 93.05 feet to a point on the West line of the Northeast Quarter of Section 21;
Ordinance No. 05-/.1 67
Page 2
Thence N 1°05'08'' E 27.24 feet along the West line of the Northeast Quarter of Section 21 to the
Point of Beginning.
Said parcel contain, s 53.57 acres more or less. Lots 1-4 of the North Airport Development have been
subdivided into the North Airport Development Part Two which is recorded in Plat 45 Page 91 of the
Johnson County Recorders Office.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
Zoning Map of the City of Iowa City, Iowa to conform to this amendment upon final passage, approval, and
publication of this Ordinance as provided by law.
SECTION Ill. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional
Zoning Agreement attached hereto and incorporated by reference herein.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance
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 Agreement and to record the same at the Office
of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 5thday of July ,20 05
CITY ~3LI~RK
Approved by
Cty Attbr~ey's bffice
ppdadm/ord/rezOS-OOOO4.doc
Ordinance No. 05-4167
Page 3
It was moved by Vanderhoef and seconded by Wilburn that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
~ Elliott
x Lehman
x O'Donnell
x Vanderhoef
x . Wilburn
First Consideration 6/7/05
Voteforpassage: AYES: O'Donnell, Vanderhoef, Wi]burn, Elliott. NAYS: Champion,
Baile.,v. ABSENT: Lehman.
Second Consideration 6 / 21 / 0 5
Vote for passage: AYES: O'Donnell,.Wilburn, Elliott, Lehman. NAYS: Bailey, Champion
ABSENT: Vanderhoef.
Date published 7 / 13 / 05
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5247 (REZ05-00004)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, as Owner (hereinafter
"Owner"), and the City of Iowa City, a municipal corporation and regulatory authority (hereinafter
"City"), which expression shall include their successors in interest and assigns; and
WHEREAS, the Owner is legal title holder of property generally located on the north side of the Iowa
City Municipal Airport along Ruppert Road, known as Aviation Commerce Park; and
WHEREAS, in recommending that Aviation Commerce Park be rezoned to Community Commercial,
CC-2 zone, the Planning and Zoning Commission recommended conditions to ensure development
is consistent with the retail commercial appearance and site design policies in the South Central
District Plan; and
WHEREAS, the conditions recommended by the Planning and Zoning Commission are related to
landscaping, pedestrian connections, street infrastructure, and building design standards to facilitate
reuse of large commercial structures and to moderate the sense of scale of large commercial
structures; and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in order
to satisfy public needs that are directly caused by the requested change in zoning; and
WHEREAS, the Owner agrees to use this property in accordance with the terms and conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as
follows:
1. The City of Iowa City is the owner and legal title holder of property legally described as follows:
All of Lots 1-17, Outlot A, and a portion of Outlot C of the North Airport Development Subdivision
recorded in Plat Book 43, Page 182, Johnson County Recorders office; which is a portion of the
Northeast Quarter of Section 21 and the Southeast Quarter of Section 16, Township 79 North,
Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, further described
as follows:
Beginning at the North Quarter Corner of Section 21; Thence N 00035'32'' E 984.65 feet along
the west line of the North Airport Development;
Thence N 51023'44'' E 59.53 feet to the Southwesterly Right of Way of Ruppert Road;
· Thence Northwesterly 77.16 feet along a curve, of the Ruppert Road Right of Way, with a radius
of 409.92 feet, concave Northeasterly, a central angle of 10°47'06", and a chord 77.05 feet in
length which bears N 36°11'29" W;
Thence N 38044'54'' W along said Right of Way 94.65 feet;
Thence N 00035'32'' E along said Right of Way 140.32 feet to the North line of the North Airport
Development;
Thence S 89°29'19'' E along said North line 1041.99 feet;
Thence N 89°41'00" E along said North line 636.50 feet;
Thence N 89043'00'' E along said North line 491.70 feet;
Thence S 16029'25'' E along the East line of Lot 5, North Airpod Development, 456.20 feet to the
Southeast Corner of Lot 5;
Conditional Zoning Agreement (REZ05-00004)
Page 2
Thence S16°32'04" E 217.42 feet to the South line of the North Airport Development;
Thence S 70°15'04" W along said South line 1033.22 feet;
Thence S 73°19'46' W along said South line 1321.45 feet;
Thence N 55°55'22'' W 93.05 feet to a point on the West line of the Nodheast Quarter of Section
21;
Thence N 1°05'08'' E 27.24 feet along the West line of the Northeast Quarter of Section 21 to the
Point of Beginning.
Said parcel contains 53.57 acres more or less. Lots 1-4 of the North Airport Development have
been subdivided into the North Airport Development Part Two which is recorded in Plat 45 Page
91 of the Johnson County Recorders Office.
2. The Owner acknowledges that Iowa Code Section 414.5 (2005) provides that the City may
impose reasonable conditions on granting a rezoning request, over and above the existing
regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, the Owner agrees that development
of the subject property will conform to all other requirements of the Zoning Chapter, as well as
the following conditions:
A. As part of the public improvements associated with the final plat, the construction plans will
show sidewalks to be installed on Ruppert Road from Highway 1 south to the public
sidewalks along Ruppert Road in the subject property, including a pedestrian crosswalk and
pedestrian signals at the Ruppert Road/Highway 1 intersection.
B. Pedestrian walkways will be provided to connect the principal buildings on each lot to each
other and to the public sidewalk system, to be identified and reviewed as part of the site plan
review process for each lot.
C. Landscaping is required to separate and define parking and vehicular use areas from the
public right-of-way. A landscaped area must be maintained in all areas not taken up by
required paving or building area, with groupings of Iow-growing shrubs and ground plants to
define spaces and soften views into and out of the area. Loading docks, outdoor storage of
materials and dumpsters must be landscaped to be obscured from view from the public right-
of-way. All other City tree and screening requirements in City Code must be met. A
landscaping plan meeting these goals is required to be submitted and reviewed as part of the
site plan review process for each lot.
D. The preliminary plat and construction plans associated with the final plat will indicate
necessary improvements to Ruppert Road, the Ruppert Road/Highway 1 intersection, and
the Ruppert Road/Riverside Drive intersection.
E. In order to facilitate adaptive reuse of large retail commercial structures, to moderate the
scale of large buildings, and to ensure a compatible appearance with other commercial
shopping centers, any commercial structure over 50,000 square feet in size will comply with
the following design standards:
1. Fa(;ades and exterior walls:
a. For fa(;ades that face public streets and/or include public entrances, fa(;ades over
100 feet in length shall incorporate wall projections or recesses a minimum of three
feet in depth for a minimum of 20 contiguous feet, within each 100 feet of fac.,,ade
length, and shall extend over a minimum of 20% of the facade. No uninterrupted
length or fa~;ade may exceed 100 feet.
b. For fac,.ades that face public streets or include public entrances, features such as
arcades (a covered walkway or pedestrian corridor), display windows, entry areas,
Conditional Zoning Agreement (REZ05-00004)
Page 3
awnings, or similar features, must be used along at least 60% of the fa(;ade. Display
windows need not provide views into the store.
2. Detail features: Buildings shall include detail and features that provide visual interest,
reduce the perception of the mass of the building, and provide a cohesive pattern to the
building. The building facade that faces a public street or includes a public entrance shall
include no less than three of the elements listed below. At least one of these elements
shall repeat horizontally. All these elements shall repeat at intervals of no more than 50
feet. It is encouraged that these visual patterns are cohesive with the articulation of the
fa(;ade:
a. Color change
b. Texture change
c. Material module change
d. Expression of architectural or structural bay through a change in plane no less than
12 inches in width, such as an offset, reveal, or projection.
3. Roofs: Roofs shall have no less than two of the features listed below:
a. Parapets concealing fiat roofs and rooftop equipment, such as HVAC units from
public view. The average height of such parapets shall not exceed 15% of the height
of the supporting wall and at no point shall exceed one-third of the height of the
supporting wall. Such parapets shall feature a cornice treatment.
b. Overhanging eaves, extending no less than three feet past the supporting walls.
c. Sloping roofs that do not exceed the average height of the supporting walls.
d. Three or more roof slope planes.
4. Materials:
a. The building materials shall be predominantly quality exterior building materials,
including brick, masonry, stone, stucco, or textured concrete masonry units.
"Predominantly" is defined as at least 75% of the exterior of the entire building, but
not necessarily of each building wall.
b. The following exterior building materials shall be used minimally or on 25% or less of
the entire building but not necessarily on each building wall:
i. Smooth-faced concrete block
ii. Pre-fabricated steel or vinyl panels or sheets
5. Entryways: Each principal building shall have a clearly defined, highly visible customer
entrance with no less than three of the features listed below. Where additional stores are
located in the principal building, each store shall have at least one exterior customer
entrance with no less than three of the following features:
a. Canopy or portico
b. Overhang
c. Recess/projection
Conditional Zoning Agreement (REZ05-00004)
Page 4
d. Arcade (a covered walkway or pedestrian corridor)
e. Raised cornice parapet over the door
f. Archway
g. Outdoor patio
h. Display window
i. Tile work and moldings that are integrated into the building structure and design
j. Integral planters or wing walls that incorporate landscaped areas and/or places for
sitting
4. The Owner acknowledges that the conditions contained herein are reasonable conditions to
impose on the land under Iowa Code Section 414.5 (2005) and that said conditions satisfy public
needs caused by the requested zoning change.
5. The Owner acknowledges 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.
:..
6. 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 of record by 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.
7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed
to relieve the owner or future owners from complying with all applicable local, state, and federal
regulations.
8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into
the Ordinance rezoning the property; and that upon adoption and publication of the Ordinance,
this Agreement shall be recorded in the Johnson County Recorder's Office at the City's expense.
Dated this 7 day of ~'-~ ~., ,2005.
CITY OF I..O.~t~ CITY AS OWNER
Ross W:ilbut'n, MA.,vot' Pro Tem
Attest
Mari~m K. Karr, City Clerk
Approved by:~~/~*
City Attorney's Offic~
Conditional Zoning Agreement (REZ05-00004)
Page 5
CITY OF IO.,V~CITY AS [~EGULATORY AUTHOP...I.~h' AND MUNICIPAL CORPORATION
rL~st W. Lehman, Mayor
Attest ~.¢~.c": ¢~''/. ~
Maria~n K. Karr, City Clerk
Approv.ed by:
City Attorney's O~ce
OWNER ACKNOWLEDGEMENT:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ,'~-i~t day of ~ , A.D. 20 ~;~, before me, the
undersigned, a notary public in andf~'r the State of Iowa, personally appeared Ross Wilburn and
Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor
Pro tern and City Clerk, respectively, of said municipal corporation executing the within and foregoing
instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument
was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that
the said Mayor Pro tem and City Clerk as such officers acknowledged that the execution of said
instrument to be the voluntary act and deed of said corp~ation, by it and by them voluntarily executed.
Notary Public in and for the Sll~t~'d~,w~ ANNIE PEDERSEN I
I
My comm,ssion expkes: '
CITY OF IOWA CITY REGULATORY AUTHORITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ day of ._'-~o,~_~,_ , A.D. 20 ~,~, before me, the
undersigned, a notary public in and for the ~tate of Iowa, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they ara the Mayor
and City Clerk, raspectively, of said municipal corporation executing the within and foragoing
instrument; that the seal affixed therato is the seal of said municipal corporation; that said instrument
was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that
the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires: ~J-'~-~T~¢."]--- SONDRAE FORT I
F ' lComm ss o. Number
ppdadm/agt/CZA-REZ05-00004.doc I'.,~,~'~ My Commission Expires
L ~-~-~~ I
Prepared by: Pat Hansen & Tim Hennes, HIS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5122
ORDINANCE NO. 05-4168
AN ORDINANCE AMENDING SECTION 14, CHAPTER 5, ARTICLE C, ENTITLED "ELECTRICAL CODE,"
OF THE IOWA CiTY CODE BY ADOPTING THE 2005 EDITION OF THE NATIONAL ELECTRICAL CODE
INCLUDING ANNEX G WITH AMENDMENTS, AS THE IOWA CITY ELECTRICAL CODE, REGULATING
THE PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE,
EXTENSION AND ALTERATION OF ALL WIRING, FIXTURES, APPLIANCES AND APPURTENANCES
IN CONNECTION WITH VARIOUS ELECTRICAL SYSTEMS; PROVIDING FOR THE ISSUANCE OF
PERMITS AND INSPECTION OF ELECTRICAL INSTALLATIONS AND THE COLLECTION OF FEES;
AND PROVIDING PENALTIES FOR VIOLATIONS.
Be it enacted by the Council of the City of Iowa City, Iowa:
SECTION I. SHORT TITLE. This ordinance shall be known as the Iowa City Electrical Code, or
Electrical Code, and may be so cited.
SECTION II. PURPOSE. The purpose of this ordinance is to adopt the 2005 edition of the National
Electrical Code as prepared and edited by the National Fire Protection Association and to provide certain
amendments thereto, to provide for the protection of the health, welfare, and safety of the citizens of Iowa
City, Iowa; and to provide for its enforcement.
SECTION III. SCOPE. This ordinance shall apply to and govern electrical work, as defined in the
Electrical Code, including the practice, materials and fixtures used in the installation, maintenance,
extension and alteration of all piping, fixtures, appliances and appurtenances in connection with any of the
following: wiring or piping on public or private electrical systems, within or on any building or other structure;
and the practice and materials used in the installation, maintenance, extension or alteration of electrical
systems, to connect with any point of public or private structure.
SECTION IV. ADOPTION OF ELECTRICAL CODE. Sections 14-5C-1 through 14-5C-3 of the Code of
Ordinances of the City of Iowa City are hereby repealed and the following new sections 14-5C-1 through 14-
5C-3 are enacted in lieu thereof.
SEC. 14-5C-1. CODE-ADOPTED. Subject to the amendments described in Section 14-5C-2 below,
Chapters 1 through 9 including Annex G of the 2005 Edition of the National Electrical Code are hereby
adopted.
SEC. 14-5C-2. AMENDMENTS. The electrical code adopted by Section 14-5C-1 of this Code is
hereby amended as follows:
A. Annex G of the 2005 National Electrical Code, titled Administration and Enforcement is hereby
adopted and amended to read as follows:
A.1 Section 80.1 Scope. Modified by lettering existing text with a letter designation (A) and adding
new section (B) as follows:
(B) Violations: It shall be unlawful for any person, firm or corporation to construct, enlarge, alter,
repair, move, improve, remove, convert or demolish, equip, use or maintain an electrical system or
equipment or cause or permit the same to be done in violation of this code.
A.2 Section 80.2 Definitions. Modify by deleting in its entirety and insert in lieu thereof the
following.
80.2 Definitions
Authority Having Jurisdiction. The organization, office, or individual responsible for approving
equipment, materials, an installation, or a procedure.
Chief Electrical Inspector. A Building inspector who either is the authority having jurisdiction or is
designated by the authority having jurisdiction and is responsible for administering the requirements
of this Code.
Electrical Inspector. A Building Inspector authorized to perform electrical inspections.
A.3 80.9 Application. Modified by adding Parts '?' and "E" to Section 80.9
(D) Maintenance: All electrical systems and equipment, both existing and new, and all parts thereof
shall be maintained in a proper operating condition in accordance with the original design and in a
safe and hazard-free condition. All devices or safeguards which are required by this Code shall be
maintained in conformance with this Code. The owner or designated agent shall be responsible for
the maintenance of the electrical system. To determine compliance with this subsection, the Building
Official may require any electrical system to be re-inspected.
O~inance No. 05-4168
Page 2
(E) Moved Buildings: Electrical systems and equipment which are part of buildings or structures
moved into or within this jurisdiction shall comply with the provisions of this Code for new installations.
A.4 80.13 Authority: Modify by deleting (16) and insert in lieu there of the following (16) and add
new subsections 17, 18, and 19.
(16) Each application for a waiver of a specific electrical requirement shall be filed with the authority
having jurisdiction and shall be accompanied by such evidence, letters, statements, results of tests,
or other supporting information as required to justify the request. The authority having jurisdiction
shall keep a record of actions on such applications, and a signed copy of the authority having
jurisdiction's decision shall be provided for the applicant. Expenses for test verification required by the
Building Inspector shall be made at no expense to this jurisdiction.
(17) Stop Orders: When work is being done contrary to the provisions of this Code, the Building
Official may order the work stopped by notice in writing served on persons engaged in the doing or
causing such work to be done, and such persons shall immediately stop such work until authorized by
the Building Official to proceed with the work.
(18) Connection After Order To Disconnect: Persons shall not make connections from any energy or
power supply nor supply power to an electrical system or equipment which has been disconnected or
ordered to be disconnected by the Building Official or the use of which has been ordered to be
discontinued by the Building Official until the Building Official authorizes the reconnection and use of
the electrical system or equipment.
(19) Unsafe electrical systems or equipment are hereby declared to be public nuisances and shall be
abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in
the Uniform Code for the Abatement of Dangerous Buildings, as amended, or an alternate procedure
as may be adopted by this jurisdiction. As an alternative, the Building Official or other employee or
official of this jurisdiction as designated by the governing body may institute other appropriate action
to prevent, restrain, correct or abate the violation.
A.5 80.1,5 Delete Section 80.15 and insert in lieu there of the following:
80.15 Appeals: See Section 14-5M Appeals in the City Code
A. 6 Delete Section 80.17 in its entirety.
A,7 Insert a new Section 80,18 Licenses as follows:
80.18 Licenses: See Section 14-5L of the City Code
A.8 Delete 80.19 Permits and Approvals: Modify by deleting in its entirety and insert in lieu of the
following;
80.19 Permits:
(A) Permits Required: Except as specified in subsection B of this Section, no electrical work
regulated by this Code shall be installed, altered, repaired, replaced or remodeled unless a
separate electrical permit for each building or structure has first been obtained from the Building
Official.
(B) Exempt Work: An electrical permit shall not be required for the following:
1. Portable motors or other portable appliances energized by means of a cord or cable having an
attachment plug end to be connected to an approved receptacle when that cord or cable is
permitted by this Code.
2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same
type and rating in the same location.
3. Temporary decorative lighting.
4. Repair or replacement of current-carrying parts of any switch, contractor, control device or
contact device of the same type and/or rating.
5. Replacement of any over-current device of the required ampacity and interrupt rating in the same
location.
6. Repair or replacement of electrodes or transformers of the same size and capacity for signs or
gas tube systems.
7. Temporary wiring for experimental purposes in suitable experimental laboratories.
8. The wiring for temporary theater, motion picture or television stage sets.
Exemption from the permit requirements of this Code shall not be deemed to grant authorization
for any work to be done in violation of the provisions of this Code or any other laws or ordinances
of this jurisdiction.
(C) Application for Permit:
1. To obtain a permit, the applicant shall first file a written application on a form furnished by the
Code enforcement agency, or its successor, for that purpose. Every such application shall:
a. Identify and describe the work to be covered by the permit for which application is made.
Ordinance No. 05-4168
Page 3
b. Describe the land on which the proposed work is to be done by legal description, street
address or similar description that will readily identify and definitely locate the proposed
building or work.
c. Indicate the use or occupancy for which the proposed work is intended.
d. Provide plans, diagrams, computations and specifications and other data as required in
subsection 2 of this Section.
e. The permittee, or authorized agent, must sign the application.
f. Give such other data and information as may be required by the Building Official.
2. Submittal Documents:
a. Plans, Diagrams, Etc.: Plans, specifications, engineering calculations, diagrams and other
data shall be submitted in one or more sets with each application for a permit. The Building
Official may require plans, computations and specifications to be prepared and designed by
an engineer or architect licensed by the State to practice as such.
b. Exception: The Building Official may waive the submission of plans, calculations, etc., if the
Building Official finds that the nature of the work applied for is such that review of plans is not
necessary to obtain compliance with this Code.
3. Information On Plans And Specifications:
a. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be
of sufficient clarity to indicate the location, nature and extent of the work proposed and show in
detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules
and regulations.
b. Plans for buildings more than two (2) stories in height of other than Groups R, Division 3 and
M Occupancies shall indicate how required structural and fire-restrictive integrity will be
maintained where a penetration will be made for electrical and communication conduits, pipes
and similar systems.
(D) Permitee:
1. An electrical permit may be issued to any person holding a valid master electrician license issued
by the City, or to any company who employs a duly licensed master electrician on a full-time
basis who supervises the work of the electricians during the company's normal business hours.
2. A permit may be issued to the owner of an existing owner-occupied single-family dwelling,
pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do
any work regulated by this Adicle in connection with said dwelling and accessory buildings. The
owner must personally purchase all material and perform all labor in connection with the permit.
All work shall comply with this Article. Applicants for a homeowner's permit shall pass the
designated exam before a permit may be issued.
3. The homeowner's test required in subsection B of this Section may be waived if the applicant is a
duly licensed electrician in the Iowa City area with a minimum of a journeyman status.
(E) Permits Issued
1. Issuance
a. The Building Official shall review the application, plans and specifications, and other data,
filed by an applicant for a permit. Other departments of this jurisdiction may review the plans
to verify compliance with any applicable laws under their jurisdiction. When the Building
Official finds that the work described in an application for a permit and the plans,
specifications and other data filed therewith conform to the requirements of this Code and
other pedinent laws and ordinances, and that all pertinent fees specified in Section 80.19 (G)
of this Article have been paid, the Building Official shall issue a permit to the applicant.
b. When the Building Official issues a permit, the plans and specifications shall be endorsed in
writing or stamped "APPROVED". Such approved plans and specifications shall not be
changed, modified or altered without authorization from the Building Official, and all work
regulated by this Code shall be done in accordance with the approved plans.
c. The Building Official may issue a permit for the construction of part of an electrical system
before the entire plans and specifications for the whole system have been submitted or
approved, provided adequate information and detailed statements have been filed complying
with all pertinent requirements of this Code. However, the holders of such permits shall
proceed at their own risk without assurance that the permit for the entire building, structure or
building service will be granted.
2. Retention Of Plans:
One set of approved plans, specifications and computations shall be retained by the Building
Official until final approval of the work is given. One set of approved plans and specifications shall
Ordinance No. 05-4168
Page 4
be returned to the applicant and shall be kept on the site of the building or work at all times while
the work authorized thereby is in progress.
3. Validity Of Permit:
a. The issuance of a permit or the approval of plans and specifications shall not be construed to
be a permit for, or an approval of, any violation of any of the provisions of this Code, or of any
other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the
provisions of this Code or other ordinances of the jurisdiction shall not be valid.
b. The issuance of a permit based upon plans, specifications and other data shall not prevent
the Building Official from thereafter requiring the correction of errors in said plans,
specifications and other data, or from preventing building operations being carried on
thereunder when in violation of these codes or of any other ordinances of this jurisdiction.
4. Expiration:
a. Every permit issued by the Building Official under the provisions of this Code shall expire by
limitation and become null and void, if the building or work authorized by such permit is not
commenced within one hundred eighty (180) days from the date of such permit, or if the
building or work authorized by such permit is suspended or abandoned at any time after the
work is commenced for a period of one hundred eighty (180) days. Before such work can be
recommenced, a new permit shall be first obtained, and the fee therefor shall be one-half
(1/2) the amount required for a new permit for such work, provided no changes have been
made or will be made in the original plans and specifications for such work; and provided
further that such suspension or abandonment has not exceeded one year. In order to renew
action on a permit after expiration, the permittee shall pay a new full permit fee.
b. A permittee holding an unexpired permit may apply for an extension of the time within which
work may be commenced under that permit when the permittee is unable to commence work
within the time required by this Section for good and satisfactory reasons. The Building
Official may extend the time for action by the permittee for a period not exceeding one
hundred eighty (180) days upon written request by the permittee showing that circumstances
beyond the control of the permittee have prevented action from being taken.
5. Suspension Or Revocation:
The Building Official may, in writing, suspend or revoke a permit issued under the provisions of
this Code if the permit was issued in error or on the basis of incorrect information supplied, or in
violation of any ordinance or regulation of the jurisdiction.
(F) Insurance:
Before any permit to perform electrical work may be issued, the applicant shall have on file with
the Building Official a copy of a certificate of insurance stating the liability amounts of no less than
three hundred thousand dollars ($300,000.00) property damage and five hundred thousand
dollars ($500,000.00) bodily injury. The City shall be named as additional insured. The policy
shall also provide for at least ten (10) days' notice by the insurer to the City of termination of the
policy by the insured or insurer. Electrical permits issued under subsections 80.19.D.1 & 2 of this
Article shall be exempted from this insurance requirement.
(G) Fees:
1. Permit Fees: The fee for each electrical permit shall be as set forth by resolution of City Council.
2; Work Commencing Before Permit Issuance: Any person who commences work on a building,
structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits
shall be subject to a fee equal to the amount of the permit if a permit were issued. This fee shall
be collected whether or not a permit is issued. The payment of such fee shall not exempt any
person from compliance with all other provisions of this Code or from any penalty prescribed by
law.
Only the Building Official may reduce this fee when it's demonstrated that an emergency
existed that required the work to be done without a permit.
3. Fee Refunds: The Building Official may authorize the refunding of any fee paid hereunder which
was erroneously paid or collected. The Building Official shall not authorize the refunding of any
fee paid except upon written application filed by the original permittee within one hundred eighty
(180) days from the date of fee payment.
(H) Inspections:
1. General:
a. All electrical systems and equipment for which a permit is required by this code shall be
subject to inspection by the building official, and the electrical system shall remain accessible
and exposed for inspection purposes until approved by the building official.
Ordinance No. 05-4168
Page 5
b. It shall be the duty of the permit applicant to cause the electrical system to remain accessible
and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be
liable for the expense of removing or replacing any material to permit inspection. When the
installation of an electrical system and equipment is complete, an additional and final
inspection shall be made. Electrical systems and equipment regulated by this code shall not
be connected to the energy source until authorized by the building official.
c. Approval as a result of an inspection shall not be construed to be an approval of a violation of
the provisions of this code or of other ordinances of the jurisdiction.
2. Inspection Requests:
It shall be the duty of the person doing the work authorized by a permit to notify the building
official that such work is ready for inspection. The building official may require that every request
for inspection be filed at least one working day before such inspection is desired. Such request
may be in writing or by telephone at the option of the building official. It shall be the duty of the
person requesting inspections required by this code to provide access to and means for
inspection of such work.
3. Operation Of Electrical Equipment:
The requirements of this section shall not be construed to prohibit the operation of any electrical
system or equipment installed to replace existing equipment. The request for I inspection of such
equipment must have been filed with the building official not more than fody eight (48) hours after
such replacement work is completed and before any portion of such electrical system is
concealed by any permanent portion of the building.
4. Other Inspections:
In addition to the called inspections required by this code, the building official may make or
require other inspections of any work to ascertain compliance with the provisions of this code and
other laws which are enforced by the code enforcement agency or its successor.
5. Reinspections:
a. Incomplete Work: A reinspection fee may be assessed for each inspection or reinspection
when such portion of work for which inspection is called is not complete or when corrections
called for are not made. This provision is not to be interpreted as requiring reinspection fees
the first time a job is rejected for failure to comply with the requirements of this code, but as
controlling the practice of calling for inspections before the job is ready for such inspection or
reinspections.
b. Failure To Provide Plans, Access: Reinspection fees may be assessed when the approved
plans are not readily available to the inspector, for failure to provide access on the date for
which inspection is requested, for not completing the corrective actions from original
inspections, or for deviating from plans requiring the approval of the building official.
To obtain a reinspection, the applicant shall file an application therefor in writing upon a form
furnished for that purpose, and pay the reinspection fee as set by resolution of city council.
When reinspection fees have been assessed, no additional inspection of the work will be
performed until the required fees have been paid.
(I) Inspections:
1. Energy Connections: An electrical system or equipment regulated by this code for which a permit
is required shall not be connected to a source of energy or power until approved by the building
official.
Temporary Connections: The building official may authorize the temporary connection of the
electrical system or equipment to the source of energy or power for the purpose of testing the
equipment, or for use under a temporary certificate of occupancy.
A.9. Delete Section 80.21.C Responsibility of the Authority Having Jurisdiction in its entirety
A. 10 Delete Section 80.23 Notice of Violations in its entirety
A. 11 Delete Section 80.25.C Notification in its entirety
A. 12 Delete Section 80-25.E and insert in lieu of 80.25.E as modified
80.25.E Disconnection. Where a connection is made to an installation that has not been inspected,
as outlined in the preceding paragraphs of this section, the supplier of electricity shall immediately
report such connection to the Chief Electrical,ilnspector. If, upon subsequent inspection, it is found
that the installation is not in conformity with the provisions of Adicle 80, the Chief Electrical Inspector
shall notify the person, firm, or corporation m~king the installation to rectify the defects and, if such
work is not completed within fifteen (15) business days, or a longer period as may be specified by the
Ordinance No. 05-4168
Page 6
Chief Electrical Inspector, shall have the authority to cause the disconnection of that portion of the
installation that is not in conformity.
A. 13 Delete Section 80.27 Inspector's Qualifications in its entirety
A. 14 Delete Section 80.29 Liability for Damages in its entirety and insert in lieu thereof the
following:
80.29 Liability:
(A) The Building Official, or an authorized representative charged with the enforcement of this Code,
acting in good faith and without malice in the discharge of duties, shall not be personally liable for
any damage that may accrue to persons or property as a result of an act or by reason of an act or
omission in the discharge of duties.
(B) This Code shall not be construed to relieve or lessen the responsibility of a person owning,
operating or controlling any building, structure or building service equipment therein for any
damages to persons or property caused by defects, nor shall the Code enforcement agency or its
parent jurisdiction be held as assuming such liability by reason of the inspections authorized by
this Code or approvals issued under this Code.
A. 15 Delete Section 80.31 in its entirety.
A. 16 Delete Section 80.33 in its entirety
A. 17 Delete section 80.35 in its entirety
B. Article 100, Delete the definition of "Approved" and insert in lieu of the following new definition: '
Approved: Materials, equipment and method of construction, refers to approval by the Building Official as
the result of an investigation and test conducted by the Building Official, or by reason of accepted principles
or tests by recognized authorities, technical or scientific organizations.
Add the following new definitions:
Approved Agency: Established and recognized agency regularly engaged in conducting tests or furnishing
inspection services, when the agency has been approved by the Building Official.
Building Code: The International Building Codes promulgated by the International Code Conference, as
adopted by this jurisdiction.
Building Official: The officer or designated authority charged with the administration and enforcement of
this Code, or a duly authorized representative.
Code Enforcement Agency: Department, division or agency of this jurisdiction charged with the function of
code enforcement and shall be under the administration and operational control of the Building Official.
Electrical Code: National Electrical Code promulgated by the National Fire Protection Association, as
adopted by this jurisdiction.
Electrical work: All uses, installations, alterations, repairs, removals, replacements, connections,
disconnection and maintenance of all premises wiring systems.
Electrician, Apprentice: Person who works under the supervision and guidance of a licensed journeyman
or licensed Master Electrician for the purpose of learning the electrical trade.
Electrician, Journeyman: Properly licensed person who is allowed to perform electrical work only under
the supervision of a licensed master electrician.
Electrician, Maintenance: Properly licensed person who is a regular employee of a manufacturing or
industrial establishment or a commercial or residential property management firm, who does electrical work,
which does not require a permit as described by this code, for that establishment or firm only, and who
maintains the existing electrical equipment within the building or group of buildings.
Electrician, Master: Properly licensed person who undertakes or offers to undertake to plan for, layout,
supervise or perform electrical work with or without compensation.
Multiple occupancy building: Building having more than one tenant and may be a single or mixed-use
group as classified by the Building Code.
Occupancy The purpose for which a building, or part thereof, is used or is intended to be used.
Wet Location: Installations underground or in concrete slabs or masonry in direct contact with the earth,
and locations subject to saturation with water or other liquids, such as vehicle washing areas, and
locations exposed to weather and unprotected. A zone measured 1 ft. horizontally and 8 ft. vertically from
the rim and or thresholds of all tubs and or showers will be included. This zone is all encompassing and
includes the zone directly over these types of installations.
C. Section 210. 52(A)(2) Wall Space: is hereby amended by adding an exception to read as
follows:
Exception: Those railings that are serving as a guardrail for hallways or walkways which are of the
open type railing.
Ordinance No. 05-4168
Page 7
D. Section 210.52(C)(2) Island Counter Spaces, is amended to read as follows:
(2) Island Counter Spaces. Receptacle outlets may be installed at each island counter space upon the
request of the customer.
E. Section 210.52(C)(3) Peninsular Counter Spaces, is deleted in its entirety and inserted in lieu
of the following:
(3) Peninsular Counter Spaces. At least two duplex receptacle outlets shall be installed at the wall
where the peninsular counter space intersects the structural wall. A peninsular countertop is measured
from the connecting edge.
Exception: In lieu of the installation above, A single duplex can be installed where the peninsular
counter space intersects the structural wall, providing an additional duplex receptacle(s) would be
installed to maintain the required receptacle spacing as described in 210.52. C. 1.
F. Section 210.52(D) Bathrooms, is deleted in its entirety and inserted in lieu of the following:
(D) Bathrooms. In dwelling units, at least one wall receptacle outlet shall be installed in bathrooms
within 36 in. (914 mm) of the outside edge of each basin. The receptacle outlet shall be located on a
wall that is adjacent to the basin area, and above the rim of the basin.
G. Section 210.52(H) Hallways, is amended to read as follows:
(H) Hallways. In all single and multifamily dwelling units, hallways of 10 ft (3.05 m) or more in length, or
30 or more square feet, shall have at least one duplex receptacle outlet installed.
For common corridors, hallways and exit accesses of multifamily dwellings, no point along this hallway
shall be further than 15 feet from any one receptacle.
As used in this subsection, the hall length shall be considered the length along the centerline of the hall
without passing through a doorway.
H. Add a new Section 210.52(I) Water Conditionin,q Equipment, to read as follows:
(I) Water Conditioning Equipment. In dwelling units, a receptacle for the water conditioning
equipment shall be installed. It shall be installed within a 6' zone, and in the same room, of where the
said equipment is normally set.
I. Section 210.70(A)(1) Habitable Rooms, is deleted in its entirety and insert in lieu thereof:
(1) Habitable Rooms. At least one wall switch shall be installed controlling the lighting outlet(s) in every
habitable room and bathroom, and conveniently located within 5 foot of each main entry to that room.
The 5 foot measurement shall be measured from the doors edge.
Exception No. l: In other than kitchens and bathrooms, one or more receptacles controlled by a wall
switch shall be permitted in lieu of lighting outlets.
Exception No. 2: Lighting outlets shall be permitted to be controlled by occupancy sensors that are (1)
in addition to wall switches or (2) located at a customary wall switch location and equipped with a
manual override that will allow the sensor to function as a wall switch.
J. Section 225.19(D){2) Vertical Clearancet is deleted in its entirety and insert in lieu thereof:
(2) Vertical Clearance. The vertical clearance of the final spans of feeders or branch circuits to a
building they supply or from which they are fed, shall be permitted to be attached to the building. They
shall be kept not less than 3 ft (900 mm) from windows that are designed to be opened, doors, porches,
balconies, ladders, stairs, fire escapes, or similar locations. Vertical clearance of final spans above, or
within 3 ft (900 mm) measured horizontally of, platforms, projections, and walking/and or sitting
surfaces of a nominal 6" board width or wider or any other surface from which they might be reached
shall be maintained in accordance with Section 225-18.
K. Section 230.9(B) Vertical Clearance, is deleted in its entirety and insert in lieu thereof:
(B) Vertical Clearance. Service conductors installed as open conductors or multi-conductor cable
without an overall outer jacket shall have a clearance of not less than 3 ft (900 mm) from windows that
ara designed to be opened, doors, porches, balconies, ladders, stairs, fire escapes, or similar locations.
Vertical clearance of final spans above, or within 3 ft (900 mm) measured horizontally of, platforms,
projections, and walking/and or sitting surfaces of a nominal 6" board width or wider or any other
surface from which they might be reached shall be maintained in accordance with Section 230.24.B.
L. Section 230.50 entitled Protection of Open Conductors and Cables A.qainst Dama.qe -- Above
Ground, is deleted in its entirety and insert in lieu thereof the following:
230.50 Protection of Open Conductors and Cables Against Damage -- Above Ground.
Service-entrance conductors installed above ground shall be protected against physical damage as
specified in 230.50(A) or (B).
(A) Service Cables. Service cables, where subject to physical damage, shall be protected by any of
the following:
(1) Rigid metal conduit
Ordinance No. 05-4!68
Page 8
(2) Intermediate metal conduit
(3) Schedule 80 rigid nonmetallic conduit
(4) Electrical metallic tubing
(5) Other approved means
(B) Other Than Service Cable. Individual open conductors and cables other than service cables shall
not be installed within 3.0 m (10 fi) of grade level or where exposed to physical, damage.
Exception: No.'l Type MI and Type MC cable shall be permitted within 3.0 m (10 ft) of grade level
where not exposed to physical damage or where protected in accordance with 300.5(D).
Exception No.2: Rigid nonmetallic conduit suitable for the location shall be accepted in exposed
installations in lengths of 6 feet or less total.
M. Section 230.79 Rating of Service Disconnectinq Means, is deleted in its entirety and insert in
lieu there of the following:
230.79 Rating of Service Disconnecting Means, The service disconnecting means shall have a rating
not less than the load to be carried, determined in accordance with Article 220. In no case shall the
rating be lower than specified in (A), (B), (C), or (D).
(A) One-Circuit Installation. For installations to supply only limited loads of a single branch circuit, the
service disconnecting means shall have a rating of not less than 15 amperes.
(B) Two-Circuit Installations. For installations consisting of not more than two 2-wire branch circuits,
the service disconnecting means shall have a rating of not less than 30 amperes.
(C) One-Family Dwelling. Shall be sized according to the following:
(1) RPD-1 Service: For a single family dwelling, and single dwelling units located in a multi-family
dwelling structures, which have up to 2500 square feet of finished floor space or space that could
be finished shall have a minimum 100 amp rated over-current protection device. The conductors
supplying this service shall be sized in accordance with Table 310.16.
(2) RPD-2 Service: For a single family dwelling, and single dwelling units located in a multi-family
dwelling structures, which have 2500 to 5000 square feet of finished floor space or space that
could be finished shall have a minimum 200 amp rated over-current protection device. The
conductors supplying this service shall be sized in accordance with Table 310.16.
(3) RPD-3 Service: For a single family dwelling which has more than 5000 square feet of finished
floor space or space that could he finished shall have a minimum 400 amp rated over-current
protection device. The conductors supplying this service shall be sized in accordance with
Table310.15.B.6.
Exception: Single dwelling units located in a multi-family dwelling structure with provisions for gas
fired appliance(s) only (ranges, dryers, and heating) shall have a minimum of a 60 amp rated main
overcurrent protection device. The conductors supplying this feeder panel shall be sized in
accordance with Table 310.16.
(D) All Others. For all other installations, the service disconnecting means shall have a rating of not
less than 60 amperes.
N. Section 250.62 Groundin.q Electrode Conductor Material, is deleted in its entirety and insert in
lieu thereof:
250.62 Grounding Electrode Conductor Material. The grounding electrode conductor shall be of
copper. The conductor selected shall be resistant to any corrosive condition existing at the installation
or shall be suitably protected against corrosion. The conductor shall be solid or stranded, insulated,
covered, or bare.
O. Section 250.64, entitled Grounding Electrode Conductor Installation, is modified by amendinq
Subsection (A) and adding an Exception to read as follows:
(A) Aluminum or Copper-Clad Aluminum Conductors, Insulated or bare aluminum or copper-clad
aluminum grounding conductors shall not be used for any part of the grounding electrode system.
Exception: Grounding Electrode Conductors routed to the exterior of the dwelling or structure shall not
have more than 24" of the conductor exposed above grade. When in excess of 24" one of the following
forms of protection will be approved; rigid metal conduit, intermediate metal conduit, rigid nonmetallic
conduit.
P. TABLE 250.66~ entitled Groundinq Electrical Conductor for Alternatinq - Current Systems, is
hereby amended to read as follows:
Ordinance No. 05-4168
Page 9
Size of Largest Service- Size of
Entrance Conductor or Grounding
Equivalent Area for Parallel Electrode
Conductors Electrode
Conductor
Aluminum or
Copper-Clad
Copper Aluminum Copper
2 or smaller 1/0 or smaller 4
1 or 1/0 2/0 or 3/0 4
2/0 or 3/0 4/0 or 250 kcmil 4
Over 3/0 Over 250 kcmil 2
through 350 through 500
kcmil kcmil
Over 350 Over 500 kcmil 1/0
kcmil through through 900
600 kcmil kcmil
Over 600 Over 900 kcmil 2/0
kcmil through through 1750
1100 kcmil kcmil
Over 1100 Over 1756 kcmil 3/0
kcmil
Notes:
1. Where multiple sets of service-entrance conductors are used as permitted in Section 230-40,
Exception No. 2, the equivalent size of the largest service-entrance conductor shall be determined by
the largest sum of the areas of the corresponding conductors of each set.
2. Where there are no service-entrance conductors, the grounding electrode conductor size shall be
determined by the equivalent size of the largest service-entrance conductor required for the load to be
served.
3. This table also applies to he derived conductors of separately derived ac systems.
Q. Section 250.104{B) Other Metal Pipin.q, is amended to read as follows:
(B) Other Metal Piping. Where installed in, or attached to, a building or structu~'e, metal piping
system(s), including gas piping, that is likely to become energized shall be bonded to the service
equipment enclosure. The grounded conductor at the service. The grounding electrode conductor
where of sufficient size. Or to the one or more grounding electrodes used.
The bonding jumper(s) shall be sized in accordance with 250.122, using the rating of the Service or
Feeder Overcurrent Protection Device for the dwelling or structure where the piping system is installed.
The points of attachment of the bonding jumper(s) shall be accessible.
R. Section 300.13.B Device Removal, is amended to read as follows:
(B) Device Removal. In all branch circuits, the continuity of the grounding, grounded, and the
ungrounded conductor(s), shall not depend on device connections such as lamp-holders, receptacles,
etc., where the removal of such devices would interrupt the continuity.
S. Section 314-27(D) Boxes at Ceilin.q-Suspended (Paddle) Fan Outlets, is deleted entirety.
New Section 314-27(D) Required Locations for CeilinR Fan Rated Boxes, is inserted in lieu there
of to read as follows:
Section 314-27(D), Required Locations for CeilinR Fan Rated Boxes. All boxes used as lighting
fixture outlets, and located, where a paddle fan can be installed, shall be of the "Ceiling Fan Rated
Type" and shall comply with Article 422.18.A and B.
Exception: In areas such as unfinished basements, closets, hallways, garages, and bathrooms, areas
listed above shall not be exempt ifa ceiling (paddle) fan(s) are installed in these areas.
T. Section 320.108 Equipment Groundinq, is amended to read as follows:
320.108 Equipment Grounding. Type AC Cable shall have an equipment grounding conductor
installed within the sheath of all AC cables to adequately provide a Iow impedance path to ground to
facilitate the operation of the overcurrent protection device as required by Section 250.2.D
U. Section 330.108 Equipment Groundin~h is amended to read as follows:
330.108 Equipment Grounding. Type MC Cable shall have an equipment g~'ounding conductor
installed within the sheath of all MC cables to adequately provide a Iow impedance path to ground to
facilitate the operation of the over-current protection device as required by Article 250.
Ordinance No. 05-416,8
Page 10
V. Section 334.10 Uses Permitted~ is deleted it its entirety and insert in lieu there of the following:
334.10 Uses Permitted.
Type NM, Typo NMC, and Typo NMS cables shall be pormitted to be used in the following:
(1) One- and two-family dwellings.
(2) Multifamily dwellings permitted to be of Types III, IV, and V construction except as prohibited in
334.12.
(3) Cable trays, where the cables are identified for the use.
FPN No. 1: Building constructions are defined in NFPA 220-1999, Standard on Types of Building
Construction, or the applicable building code, or both.
FPN No. 2: See Annex E for determination of building types [NFPA 220, Table 3-1].
W. Section 348.12 Uses Not Permitted, is deleted in its entirety and in insert thereof the following:
Section 348.12 Uses Not Permitted (FMC) shall not be used in the following:
1. In wet locations.
2. In hoist-ways, other than as permitted in Section 620-21 (a)(1).
3. In storage-battery rooms.
4. In any hazardous (classified) location other than as permitted in Sections 501.4.B and 504.4.20.
5. Where exposed to materials having a deteriorating effect on the installed conductors, such as oil or
gasoline.
6. Underground or embedded in poured concrete or aggregate.
7. Where subject to physical damage.
8. Concealed within walls or ceiling assemblies (including drop ceilings) in lengths greater than 6'
unless fished in undisturbed existing interior or exterior walls or approved prior to the installation.
X. Section 518.4(B) Nonrated Construction, is hereby amended to read as follows:
(B) Non-rated Construction. In addition to the wiring methods of 518.4(A), electrical nonmetallic
tubing, and rigid nonmetallic conduit shall be permitted to be installed in those buildings or portions
thereof that are not required to be of tiro-rated construction by the applicable building code.
Y. Section 680.41 Emerqency Switch for Spas and Hot Tubs. is hereby amended to read as
follows:
680.41 Emergency Switch for Spas and Hot Tubs. A clearly labeled emergency shutoff or control
switch for the purpose of stopping the motor(s) that provide power to the re-circulation system and jet
system shall be installed readily accessible to the users and at least 5 ft (1.52 m) away, adjacent to,
and within sight of the spa or hot tub. This requirement shall not apply to privately owned units located
in single-family dwellings and in individually owned dwelling units of multi-family complex(es).
SECTION V. 14-5C-3 PENALTIES FOR VIOLATIONS. Violations of this Article shall be a Municipal
Infraction punishable by a penalty as provided for in subsection 1-4-2D of this code.
SECTION VI. REPEALER: All ordinances and parts of ordinances in conflict with the provisions Of this
Ordinance are hereby repealed.
SECTION VII. 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 Viii. EFFECTIVE DATE: This Ordinance shall be in effect on August 1, 2005.
.~~.ndapprovedthis 5thdayof .luly ,20 05 .
Approy. e_d by
City Attorney's Office
hisbldg/ord/2005 NEC 4-19-05.doc
Ordinance No. 05-4168
Page ! ]
It was moved by Vanderhoef and seconded by Rnl 1 .y that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Elliott
x Lehman
x O'Donnell
x Vanderhoef
;~ Wilburn
First Consideration 6 / 21 / 0 5
Vote f or passage: AYES: Wilburn, Bailey, Champion, Elliott, r,~hman, O'Donnell.
NAYS: None. ABSENT: Vanderhoe f.
Second Consideration ...............
Vote for passage:
Date published 7 / 13 ! 0.5
Moved by Vanderhoef, seconded by Bailey, that the rule requiring ordinances to be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived and the ordinance be voted
upon for final passage at this time.
Ordinance No.
Page 10
V. Section 334.10 Uses Permitted, is deleted it its entirety and insert in lieu there of the following:
334.10 Uses Permitted.
Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the following:
(1) One- and two-family dwellings.
(2) M~ltifamily dwellings permitted to be of Types III, IV, and V construction except as prohibited in
334.12.
(3) Cable where the cables are identified for the use.
FPN No. dlding constructions are defined in NFPA 220-1999, on Types of Building
Construction le applicable building code, or both.
FPN No. 2: See ex E for determination of building types [NFPA 3-1].
W. Section 348.12 Not Permitted deleted in it., in insert thereof the followinR:
Section 348.12 (FMC) shall not be used
1 .In wet locations.
2. In hoist-ways, as permitted in Section 620-21
3. In storage-battery
4. In any hazardous location other than as in Sections 501.4.B and 504~4.20.
5. Where exposed to a deterioratir on the installed conductors, such as oil or
gasoline.
6. Underground or embedded in ate.
7. Where subject to ph
8. Concealed within walls or ceiling (including drop ceilings) in lengths greater than 6'
unless fished in undisturbed existing inte ~ or exterior walls or approved prior to the installation.
X. Section 518.4(B) Nonrated amended to read as follows:
(B) Non-rated Construction. In addi wiring methods of 518.4(A), electrical nonmetallic
tubing, and rigid nonmetallic conduil be to be installed in those buildings or portions
thereof that are not required to ~ction by the applicable building code.
Y. Section 680.41 Emer, for Hot Tubs. is hereby amended to read as
follows:
680.41 Emergency Switch Spas and Hot Tubs. A~learly labeled emergency shutoff or control
switch for the purpose of st( ~g the motor(s) that provide, power to the re-circulation system and jet
system shall be installed r~ accessible to the users an~t,,at least 5 ft (1.52 m) away, adjacent to,
and within sight of the sp~ o hot tub. This requirement shall n~t, apply to privately owned units located
in single-family dwelling~ an( in individually owned dwelling units~f multi-family complex(es).
SECTION V~LATIONS. Violatiorts~of this Article shall be a Municipal
Infr~able I:~ a penalty as provided for in subsection 1-4-2D 'e~,this code.
~~s of ordinances in ~nflict with the provisions of this
Ordinance are her0by repealed.
SECTION VII SEVERABILITY'~sion or part of the Ori~ance shall be adjudged to
be i~ the validity of the'x,0rdinance as a whole or
any ~~r unconstitutional
SECTIOI VllL EFFECTIVE DATE: This Ordinance shall be in effect after its fih~l passage, approval
and ~ as required by law.
approved this __ day of ,20
ATTEST:
CITY CLERK
Appr
City Attorney's Office
hisbldg/ord/2005 NEC 4-19-2005 draft,doc
Prepared by: Drew Shaffer, Cable TV Administrator, 410 E. Washington St., Iowa City, Iowa 52240, 319-356-5046
ORDINANCE NO. 05-~_69
AN ORDINANCE REPEAl,lNG CITY CODE TITLE 12, CHAPTER 4 ENTITLED BROADBAND
TELECOMMUNICATIONS FRANCHISE ENABLING ORDINANCE, AND ADOPTING A NEW CHAPTER 4.
WHEREAS, the City has negotiated an extension of the franchise agreement with MCC Iowa LLC, pursuant to the
Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the
Telecommunications Act of 1996, and
WHEREAS, it is deemed in the interest of the City to provide for continuing cable television service to its residents,
and
WHEREAS, the existing Broadband Telecommunications Franchise Enabling Ordinance needs to be updated due to
changes in Federal law, the cable extension and the name change of the Iowa City Telecommunications Commission,
should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT:
SECTION I. AMENDMENT. Title 12, Chapter 4 of the City Code is hereby repealed and a new Title 12, Chapter 4 is
adopted as follows:
CHAPTER 4. CABLE TELEVISION
DIVISION 1. ENABLING ORDINANCE
Sec. 12-4-1: Short Title
Sec. 12-4-2: Definitions
Sec. 12-4-3: Cable Television Administrator and Iowa City Telecommunications Commission
Sec. 12-4-4: Regulatory Jurisdiction and Procedures
Sec. 12-4-5: Significance of Franchise
Sec. 12-4-6: The Cable Television Franchise
Sec. 12-4-7: Operation of Franchise
Sec. 12-4-8: Rights Reserved to the City
Sec. 12-4-9: Apphcations for Franchise
Sec. 12-4-10: Acceptance and Effective Date of Franchise
Sec. 12-4-11: Termination of Franchise
Sec. 12-4-12: Reports and Records of the Grantee
Sec. 12-4-13: Franchise Payment
Sec. 12-4-14: Liability and Indemnification
Sec. 12-4-15: Bonds
Sec. 12-4-16: Fees, Rates and Charges
Sec. 12-4' 17: Pubhc, Education and Government Connection to Cable Television System
Sec. 12-4-18: Interconnection of Network
Sec. 12-4-19: Construction Timetable for Initial Construction
Sec. 12-4-20: Construction Timetable for Rebuild Construction
Sect 12-4'21: Network Description
Sec. 12'4'22: Network Technical Requirements
Sec. 12'4-23: Performance Measurements
Sec. 12'4'24: Construction Standards
Sec. 12-4-25: Erection, Removal and Common Use of Poles
Sec. 12-4-26: Construction Reporting Requirements
Sec. 12-4-27: Channels to be Provided
Sec. 12-4-28: Conditions of Street Occupancy
Sec. 12-4-29: Unauthorized Connections or Modifications
Sec. 12-4-30: Preferential or Discriminatory Practices Prohibited
Sec. 12'4'31: Installations, Connections, and Other Services
Sec. 12'4-32: Service Calls and Complaint Procedures
Sec. 12-4'33: Transfer
Sec. 12-4-34: Pubhcations Costs
Sec. 12-4-35: Ordinances Repealed
Sec. 12-4-36: Separability
Sec. 12'4'37: Time is of the Essence to this Ordinance
Sec. 12-4-38: No Waiver of Rights
Ordinance No. 05-4169
Page 2
DIVISION 2. RATE REGULATIONS
Sec. 12-4-39: Rate Regulation Proceedings
Sec. 12'4'40: Certification
Sec. 12-4-41: Notification of Changes
Sec. 12-4-42: Cable Official
Sec. 12-4-1: Short title.
This article shall be known and may be cited as the Cable Television Franchise Enabhng Ordinance.
Sec. 12-4-2: Definitions.
For the purpose of this article the following terms, phrases and words and their derivations shall have the
meaning specified herein. When not inconsistent with the context, words used in the present tense include the future
and words in the singular number include words in the plural number.
Access or pub]ic, government, and educations] access channels shall mean pubhc, educational, government,
library, and University access channels.
Additional service shall mean a subscriber service provided by the Grantee for which a special charge is made
based on program or service content, time or spectrum space usage.
Annual gross revenues means all revenue received by the Grantee from all sources in connection with the
operation of Grantee's cable television system. Gross revenues shall include, without limitation, amounts for all cable
service, including but not limited to, basic service and tier service, premium and pay-per-view services, advertising,
leased access, installation and all other revenues derived from the operation of Grantee's cable television system. Gross
revenues shall not deduct the following: (1) any operating expense, (2) any accrual, including without limitation, any
accrual for commissions or (3) any other expenditures, regardless of whether such expense, accrual or expenditure
reflects a cash payment, but revenue shall be counted only once in determining Gross Revenue. Gross revenues shall
also include the revenue of any affiliate, subsidiary, parent, or any person or entity in which each Grantee has a
financial interest, derived from the operation of the cable television system for advertising, or for any other business
operation of the cable television system, to the extent such revenue is derived through any means that has the effect of
avoiding the payment of franchisee fees that would otherwise be paid to the Grantor. Revenues of both Grantee and an
affiliate, subsidiary, parent, or any person or entity in which the Grantee has a financial interest that represent a
transfer of funds between them and that would constitute gross revenues of both the Grantee and the affiliate,
subsidiary, parent, or any person or entity in which the Grantee has a financial interest shall be counted only once for
purposes of determining gross revenues. Gross revenues shall not include franchise fees, any other fee, assessment,
sales or other similar tax imposed by law on subscribers or that Grantee is legally obligated to collect.
Basic subscriber television services or basic services means a separately available basic service tier to which
subscription is reqnired for access to any other tier of service. Such basic service tier shall, at a minimum, consist of the
following: all signals carried in fulfillment of the Cable Act, Sections 614 and 615; any pubhc, educational, and
governmental access programming required in this ordinance or the franchise; any signal of any television broadcast
station that is provided by the cable operator to any subscriber, except a signal which is secondarily transmitted by a
satellite carrier beyond the local service area of such station. Additional signals may be added to the basic tier by the
Grantee.
Cable service means the one-way transmission to subscribers of (i) video programming, or (ii) other programming
service, and (ii) subscriber interaction, ff any, which is required for the selection (or use) of such video programming or
other programming service or as otherwise provided by law or regulation.
Cable teIevisior system chatmel capacity means the highest total number of cable television channels on which
television signals from separate sources may be delivered downstream simultaneously to every subscriber in the net-
work. The network may have additional channel capacity for specialized or discrete purposes, but the technical
performance specified shall not be materially degraded thereby.
Cable te]evision channe] means a portion of the electromagnetic frequency spectrum which is used in a cable
system and which is capable of delivering a television channel as defined by the Federal Communications Commission.
Cable television system or cable system, also referred to as system, means a facihty, consisting of a set of closed
transmission paths and associated signal generation, reception and control equipment that is designed to provide cable
service which includes video programming and which is provided to multiple subscribers within a community, but such
terra does not include (A) a facility that serves only to retransmit the television signals of one or more television
broadcast stations; (B) a facility that serves subscribers without using any public rights-of-way; (C) a facility of a
common carrier which is subject, in whole or in part, to the provision of Title II of the Cable Act, except that such
facility shall be considered a cable system to the extent such facihty is used in the transmission of video programming
directly to subscribers; or (D) any facilities of any electric utility used solely for operating its electric utility systems.
Cable television system, for the purpose of this Article, shall include facilities owned or operated by a person
providing cable service or multiple channels of video programming to subscribers on private property that receive
Ordinance No. (35-hl 69
Page 3
cable service or multiple channels of video programming in whole or in part via cable, fiber or other wires or lines
that are within the public-rights-of-way regardless of whether the person providing cable service or multiple
channels of video programming on private property receives video programming transmission service, cable service,
or other multiple channel video service from a common carrier pursuant to tariff or otherwise or other person that
retains the ownership, control and responsibility for all facilities located outside of the private property line.
Channel frequency response means within a cable television channel, the relationship as measured at a subscriber
terminal between amplitude and frequency of a constant-amphtude input signal at all specified frequencies within each
channel.
City shall mean the City of Iowa City, Iowa, its officers and employees unless otherwise specifically designated, the
area within the territorial City limits of the City and such territory presently outside the City limits over which the City
may assume jurisdiction or control by virtue of annexation.
Closed-circuit or institutional service means such video, audio, data and other services provided to and between
institutional users. These may include, but are not limited to, one-way video, two'way video, voice, audio or digital
signals transmitted among institutions and]or to residential subscribers.
Commence operation means operation will be considered to have commenced when sufficient distribution facilities
have been installed so as to permit the offering of full network services to at least twenty-five (25) percent of the
dwelling units located within the designated service area.
Commission refers to the Iowa City Telecommunications Commission.
Communications Po]icyAct or Cable Act means the Cable Communications Policy Act of 1984,the Cable Television
Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996 as it may be amended or
succeeded.
Complaint means an oral or written indication from a subscriber of a problem with any aspect of cable service.
Contiguous shall mean abutting or within two hundred (200) feet.
Council shall mean the City Council of the City of Iowa City, and any legally appointed or elected successor or
agency.
Data grade shall mean coded transmissions primarily digital in nature.
Days shall mean business days.
Downstream means the direction of transmission over the cable television system from the head end or hub to a
subscriber's terminal.
Drop shall mean a coaxial connection from feeder cable to the subscriber/user television set, radio or other
terminal.
Fair ~rar]~et value means the price that a willing buyer would pay to a willing seller for a going concern based on
the system valuation prevailing in the industry at the time.
FCCshall mean the Federal Communications Commission and any legally appointed or elected successor.
Fiber means a transmission media of optical fiber cable capable of carrying transmissions by means of light-
wav~ impulses.
_Fiber Node means the local transition point between the fiber distribution portion and the coaxial distribution
portion of the upgraded cable communications system.
Franchise means a franchise contract entered into voluntarily by the Grantee, containing the specific provisions of
the franchise granted, including referenced specifications, franchise proposal, applications and other related material.
The franchise granted pursuant to this ordinance grants the nonexclusive rights to construct, operate and maintain a
cable communications system along the streets and public ways and grounds within all or a specified area in the City.
Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the
privilege of transacting and carrying on a business within the City as required by other ordinances and laws of the City.
Franchise area means the entire City, or portions thereof, for which a franchise is granted under the authority of
this ordinance. If not otherwise stated in the franchise, the franchise area shall be the corporate limits of the City,
including all territory thereafter annexed to the City.
Franchise fee means the percentage, as specified by this ordinance, of the Grantee's gross revenues from all
sources payable in exchange for the rights granted pursuant to this ordinance and the franchise agreement.
_Fu]]networ]~ set,ce shall mean all basic services and additional services offered by the Grantee.
Grantee means all persons including, but not limited to, subsidiaries, parents or affiliate companies, associations
or organizations having any rights, powers, privileges, duties, habihties or obhgations, under this article, and under the
franchise ordinance, collectively called the franchise, and also includes all persons having any title to or interest in the
system, whether by reason of the franchise itself directly or by interest in a subsidiary, parent or affiliate company,
association or organization by any subcontract, transfer, assignment, management agreement or operating agreement
or an approved assignment or transfer resulting from a foreclosure of a mortgage security agreement or whether
otherwise arising or created, and shall include the lawful successor, transferee, or a assignee of such franchisee or
Grantee.
Ordinance No. 05-4169
Page 4
Head end shall mean the land, electronic processing equipment, antennas, tower, building and other
appurtenances normally associated with and located at the starting point of a cable television system, excluding the
studio.
Hub co,duration means a cable television system design technology wherein all transmission paths either
originate or terminate at a central location within the community.
Installation shall mean the extension and/or construction of the system from the main trunk and/or feeder cable to
subscribers' terminals except where such a procedure is required by this article without charge when it will mean the
extension and/or construction of the system to one point in a designated building.
Local distribution centershaH mean a facility, within the community remote from but connected to the hub, which
distributes signals from the hub to a specified area in the cable television system.
Loca] distribution center shah mean a facility which originates from a local distribution center as opposed to the
hub.
May is permissive.
Network noise means that combination of undesired and fluctuating disturbances within a cable television
channel, exclusive of undesired signals of discrete frequency which degrade the reproduction of the desired signal and
which are due to modulation processes, thermal effects and other noise-producing effects, not including hum. Network
noise is specified in terms of its RMS voltage or its mean power level as measured in a four-MHz band above the lower
channel boundary of a cable television system.
New housing area shah mean any area containing any newly constructed, rehabilitated, or restored residential or
commercial unit which does not exist prior to the effective date of the franchise.
Open video system shall mean any channel or a facihty consisting of a set of transmission paths and associated
signal generation, reception and control equipment that is designed to provide cable television service, which
includes video programming, which is provided to multiple subscribers within a community, and which the Federal
Communications Commission or its successor has certified as compliant with Part 76 of the Rules of the Federal
Communications Commission, 47 C.F.R. Part 76, as amended from time to time.
Physical mi]es o£p]ant shah mean total miles of trunk, feeder, super-trunk, and fiber optic cable.
Person means an individual, partnership, association, organization or corporation or any lawful successor
transferee.
Pub]ic-rigflts-of-way or streets andpublic grounds means the surface, the air space above the surface, and the area
below the surface of any pubhc street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park,
parkways, waterways, utility easements or other pubhc right-of-way now or hereafter held by the City which shall
entitle the City and the Grantee to the use thereof for the purpose of installing and maintaining the Grantee's cable
television system. No reference herein, or in any franchise, to the streets and pubhc grounds shah be deemed to be a
representation or guarantee by the City that its title to any property is sufficient to permit its use for such purpose, and
the Grantee shaH, by its use of such terms, be deemed to gain only such rights to use property in the City as the City
may have the undisputed right and power to give.
Reasonable notice shah mean the provision of notice of contemplated action dehvered at least forty-eight (48)
hours prior to such action.
Residentmeans any person residing in the City or as otherwise defined by applicable law.
Residential subscriber means a subscriber who receives a service in an individual dwelhng unit where the service
is not to be utilized in connection with a business, trade or profession.
Sale shah include any sale, asset exchange or offer for sale.
Shall and must means each is mandatory.
Strand mile shah mean messenger strand as measured from pole to pole without taking into consideration sag or
downguys, and for buried plant, actual trench feet.
Studio shah mean the land, electronic processing equipment, towers, building, cameras, lights and other
appurtenances normally associated with and located at the Grantee's local origination and/or public access plants of a
cable television system, excluding the head end.
Subscriber terminal means an electronic device which converts signals to a frequency not susceptible to
interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view
aH signals delivered at designated converter dial locations at the set or by remote control.
System £aeilities means the cable communications system constructed for use within the City, without limitation,
the headend, antenna, cables, wires, lines, towers, amplifiers, converters, health and property security systems,
equipment or facilities located within the corporate limits of the City designed, constructed or wired for the purpose of
producing, receiving, amplifying and distributing by coaxial cable, fiber optics, microwave or other means, audio, radio,
television and electronic signals to and from subscribers, in the City and any other equipment or facilities located
within the corporate limits of the City intended for the use of the cable communications system; provided, however,
such system facilities excludes building, contracts, facilities, and eqnipment where its sole use is for providing service to
Ordinance No. 05-4169
Page 5
other system fadllities located outside the City limits.
Substarti3]Iy compieted means operation will be considered substantially completed when sufficient distribution
facilities have been installed so as to permit the offering of full network services to at least ninety (90) percent of the
dwelling units in the service area to which access is legally and reasonably available.
Termfnai isoiatior means at any subscriber terminal, the attenuation between that terminal and any other
subscriber terminal in that network.
Upstream means a signal originating from a terminal to another point in the cable television system including
video, audio or digital signals for either programs or other uses such as security alert services, etc.
Sec. 12-4-3: Cable Television Administrator and Iowa City Telecommunications Commission.
A. The City Manager is hereby authorized to appoint a Cable Television Administrator for the purpose of exercising
the City's continuing administration of the franchise. Such responsibility shall include but not be limited to the
following matters:
1. Receive and investigate such complaints, disputes or disagreements as may be directed or referred to the
City of Iowa City, Iowa, between subscribers or potential subscribers and Grantees of a cable television
system and other distribution systems interconnected with the cable television system, not first able to
resolve their differences.
2. Report recommendations upon complaints, disputes or disagreements after investigation to the Iowa City
Telecommunications Commission for the issuance of finding.
3. Review and audit reports, records, communications and Grantee regulations submitted to the City of Iowa
City, Iowa, and conducting such inspections of the system as may be necessary in support of such review as
provided for in the Cable Television Enabhng Ordinance.
4. Work with the public and the media to assure that all tariffs, rates, charges and rules pertinent to the
operation of the cable television system in the City of Iowa City, Iowa, are made available for inspection by
the public at reasonable hours and upon reasonable request.
5. Confer and coordinate with the Grantee on the interconnection of the City's cable television system with
other similar networks.
6. Advise the Iowa City Telecommunications Commission.
7. Other such duties as the City Manager or Iowa City Telecommunications Commission may assign.
8. Promote usage and understanding of the access channels.
9. Research and recommend new technologies that may be useful to the City, community, and cable system.
B. Commission estab]isl~ed: Within thirty (30) days of the granting of the first franchise, there shall be appointed a
Commission to be known as the Iowa City Telecommunications Commission.
C. Composftfom amd term: The Iowa City Telecommunications Commission shall consist of five (5) citizens of the City
appointed by the City Council for a term of three (3) years; except, that the first appointees shall be appointed one
(1) for a term of one (1) year, two (2) for a term of two (2) years and two (2) for a term of three (3) years; and
thereafter, each shall be appointed for a term of three (3) years. Following system completion, it is recommended
that a majority of the members be subscribers to the system at the time of their appointment.
D. Powers and duties: The duties of the Iowa City Telecommunications Commission shall be as follows:
1. Resolving disputes or disagreement between subscribers, potential subscribers and Grantee should such
parties be unable first to resolve theft dispute. The Iowa City Telecommunications Commission shall
conduct a public hearing upon any petition by any person seeking resolution of a dispute concerning the
operation of any franchise granted hereunder. The hearing shall be conducted pursuant to the Iowa
Administrative Code, and following such hearing, the Iowa City Telecommunications Commission shall
issue its finding or determination. Said finding or decision shall be final, and any person aggrieved may
seek relief therefrom in the District Court of Iowa as provided by State law.
2. Reviewing and auditing reports submitted to the City as required and said such other correspondence as
submitted to the City concerning the operation of the cable television system so as to insure that the
necessary reports are completed and fulfilled pursuant to the terms of this ordinance.
3. Work with the public and the media to assure that all records, rules and charges pertinent to the cable tele-
vision system in the City of Iowa City are made available for inspection at reasonable hours upon reasonable
notice.
4. Confer with the Grantee and advise on the interconnection of the City's cable system with other cable and
communications systems.
5. Subsequent to the initial franchise, solicit, review and provide recommendations to the City Council for
selection of applicants for franchise under this ordinance.
6. Initiate inquiries, receive requests for review of rates charged by the Grantee and provide recommendation
on such actions to the City Council.
7.Conduct evaluations of the system at least every three (3) years with the Grantee and, pursuant thereto,
Ordinance No. 05-4169
Page 6
make recommendations to the Council concerning system improvements and amendments to this ordinance
or any franchise agreement.
8. Establish and administer sanctions as authorized by the City Council to insure comphance with this ordi-
nance.
9. To make recommendations to the Grantee of the cable television system and to the educational and
governmental users of the educational and governmental access channels.
10. To insure that the Grantee makes the public access channel available to all residents of the City on a
nondiscriminatory basis.
11. To assure that the operation of the pubhc access channel be free of program censorship and control.
12. Cooperate with the entities operating access channels as those entities develop rules for such channels.
13. To perform such other duties and functions relative to public access channels as may be appropriate in order
to maximize its use among the widest range of individuals, institutions and other organizations within the
City. This shall include recommendations to the City Council for utilization of the annual franchise
payment.
D. Rules and regulations: The Iowa City Telecommunications Commission shah adopt such rules and regulations as
are necessary to carry out its functions and to insure that due notice is given to all parties concerning any hearing
on any complaints to said Iowa City Telecommunications Commission and the hearings are held promptly in
accordance with reasonable notice to aH parties. The Iowa City Telecommunications Commission shah also have
such powers to include the election of its own officers.
Sec. 12-4'4: Regulatory jurisdiction and procedures.
A. Continuing regulatory jurisdiction: The City shall have continuing regulatory jurisdiction and supervision over
the operation of any franchise granted hereunder and may from time to time adopt such reasonable rules and
regulations as it may deem necessary for the conduct of the business contemplated thereunder. Provided, how-
ever, such exercise of rights or powers subsequent to the effective date of a franchise will not impair the rights of
the Grantee thereunder, and if locally imposed, place an undue financial burden on such Grantee.
B. Regulatory procedures:
1. The Iowa City Telecommunications Commission shall consider any inquiry or proceeding, excluding those de-
scribed in Paragraphs 2 and 3 below, requiring City Council action to be taken in regard to the cable television
system or franchise, whether upon apphcation or request by the Grantee or any other party or on its own mo-
tion and shall submit such consideration, together with the Iowa City Telecommunications Commission's rec-
ommendation, to the City Council. Any action by the City Council on any Iowa City Telecommunications Com-
mission recommendation shah be taken only after thirty (30) days notice of said proposed action, inquiry or
proceeding is pubhshed in the official newspaper having general circulation and a copy of said notice is served
upon the Grantee. The Grantee shah have an opportunity to respond at the hearing and/or in writing. Mem-
bers of the pubhc shah have an opportunity to respond or comment in writing on the proposed action and
appear at said proceeding or hearing; however, such hearing or proceeding shall be set no later than ninety
(90) days after notice to the Grantee and the City Council shall act upon this proceeding within one hundred
eighty (180) days of the notice of hearing unless such time is extended by agreement between the City Council
and the Grantee. The decision of the City Council shah become a final determination.
2. Rate regulation procedures shall be conducted in accordance with the timeframe established in Division 2,
Rate Regulations.
3. The City shah have one hundred twenty (120) days to act upon any request for approval of a transfer that
contains or is accompanied by such information as is required in accordance with FCC regulations and by the
City. If the City fails to render a final decision on the request within one hundred twenty (120) days, such
request shall be deemed granted unless the requesting party and the City agree to an extension of time.
4. The pubhc notice required by this section shall state clearly the action or proposed action to be taken, the time
provided for response, including response by the pubhc, the person or persons in authority to whom such
responses shah be addressed and such other procedures as may be specified by the City Council. If a hearing is
to be held, the pubhc notice shah give the date, location and time of such hearing. The Grantee will be provid'
ed with reasonable notice for any hearing conducted in regard to its operation.
C. Triennial franchise review:
1. On or about the third and sixth anniversaries of the effective date of the franchise, the City will schedule a
pubhc meeting or meetings with the Grantee to review the franchise performance, plans and prospects. The
City may require the Grantee to reasonably make available specified records, documents and information for
this purpose, and may inquire in particular whether the Grantee is supplying a level and variety of services
equivalent to those being generally offered at that time in the industry in comparable market situations.
2. The City shall first confer with the Grantee regarding modifications in the franchise~ which might impose
additional obhgations on the Grantee, and the Grantee may in turn seek to negotiate relaxations in any
Ordinance No. 05-4169
Page 7
requirements previously imposed on it which are subsequently shown to be impractical.
3. Within thirty (30) days of the conclusions of such negotiations, the City may direct the Grantee to show cause
why specified terms and conditions should not be incorporated into the franchise and the Grantee may similar-
ly file with the City a written request that specified obhgations of its franchise be removed or relaxed. Imple-
mentation of such requests shall correspond as nearly as possible with the procedures set forth herein. The
Iowa City Telecommunications Commission will recommend to Council changes in the franchised rights and
obligations of the Grantee only if it finds from all available evidence that such changes will not impair the eco-
nomic viability of the system or degrade the attractiveness of the system's service to present and potential
subscribers.
D. Expiration: Upon completion of the term of any franchise granted under this ordinance, the City may in its sole
discretion grant or deny renewal of the franchise of the Grantee in accordance with the provisions of the Cable Act.
Sec. 12-4-5: Significance of franchise.
A. Franchise nonexclusive: Any franchise granted hereunder by the City of Iowa City, Iowa, shall not be exclusive
and the City reserves the right to grant a franchise to any person, firm, company, corporation or association at any
time. The grant of one franchise does not establish priority for use over the other present or future permit or
franchise holders or the City's own use of the streets and public grounds. The City shall at all times control the
distribution of space in, over, under or across all streets or public grounds occupied by the cable communications
system.
B. Franchise amendable: The scope of any franchise granted hereunder shall be deemed amendable from time to
time by mutual consent, to allow the Grantee and the City to innovate and implement new services and
developments.
C. Priw]eges must be spec//Yed: No privilege or exemption shall be inferred from the granting of any franchise unless
it is specifically prescribed. Nothing in this article shall be deemed to require the granting of a franchise when in
the opinion of the Council it would not be in the public interest to do so.
D. Authority granted: Any franchise granted hereunder shall give to the Grantee the right and privilege to construct,
erect, operate, modify and maintain in, upon, along, above, over and under streets which have been or may
hereafter be dedicated and open to pubhc use in the City, towers, antennas, poles, cables, electronic equipment and
other network appurtenances necessary for the operation of a cable television system in the City, subject to
limitations contained in this ordinance.
E. Previous rights abandoned: A franchise granted hereunder shall be in heu of any and all other rights, privileges,
powers, immunities and authorities owned, possessed, controlled or exercisable by a Grantee or any successor
pertaining to the construction, operation or maintenance of a cable communications system in the City. The
acceptance of a franchise shall operate, as between Grantee and the City, as an abandonment of any and all such
rights, privileges, powers, immunities and authorities within the City. All construction, operation and
maintenance by the Grantee of any cable system in the City shall be under the franchise and not under any other
right, privilege, power, immunity or authority.
F. Subject to other regulatory agencies' rules and regulations: The Grantee shall at all times during the life of any
franchise granted hereunder be subject to all lawful exercise of the police power by the City and other duly
authorized regulatory state and federal bodies.
G. Pole use agreements required: No franchise granted hereunder shall relieve the Grantee of any obligation
involved in obtaining pole or conduit use agreements from the gas, electric and telephone companies, or others
maintaining poles or conduits in the streets of the City, wherever the Grantee finds it necessary to make use of
said poles or conduits.
H. No right of property: The award of any franchise hereunder shall impart to the Grantee no right of property in or
on City-owned property.
I. Franchise binding: All provisions of this article and any franchise granted hereto shall be binding upon the
Grantee, its successors, lessees or assignees.
J. General City ordinances: Any franchise granted by the City is hereby made subject to the general ordinance
provisions now in effect and hereafter made effective. Nothing in the franchise shall be deemed to waive the
requirements of the various codes and ordinances of the City regarding permits, taxes, fees to be paid, or manner
of construction.
K. No waiver o£rights: No course of dealing between the Grantee and the City nor any delay on the part of the City
in exercising any rights hereunder shall operate as a waiver of any such rights of the City or acquiescence in the
actions of the Grantee in contravention of rights except to the extent expressly waived by the City or expressly
provided for in the franchise.
Sec. 12-4-6: The cable television franchise.
No cable communications system, open video system, or person providing cable service shall be allowed to
occupy or use the streets of the City or be allowed to operate within the City without a franchise granted pursuant to
Ordinance No. 05-4169
Page 8
this Article. All cable television franchises in the City shall be subject to the terms of this Ordinance. Any franchise
granted for an open video system shah comply with all sections of this Article, unless precluded from compliance by
specific sections of applicable law.
A. l~rancl~ise required: No person, firm, company, corporation or association shall construct, install, maintain or
operate within any public street in the City, or within any other public property of the City, any equipment or
facilities for the distribution of cable service over a cable television system or an open video system to any
subscriber unless a franchise authorizing the use of the streets or properties or areas has first been obtained
pursuant to the provisions of this article, and unless such franchise is in full force and effect. Any franchise
granted for an open video system shall comply with all sections of this Ordinance, unless precluded from
compliance with specific sections by Federal or state law, rule, or regulation.
B. Franchise applications: Public Notice of Request for Proposals. The City may invite applications for a cable
television franchise by means of a public notice advertising the availability of its Request for Proposals.
1. The public notice shall contain, but need not be limited to:
a. A description of the franchise area which is sought.
b. A statement that a formal Request for Proposals is available to prospective applicants from a City
official whose name, address, and telephone number are specified.
c. A statement that applications for the franchise must be submitted in writing in the form and manner
specified in the Request for Proposals no later than a date certain.
d. A statement that all applications will be made available for public inspection during normal business
hours at a specified location.
C. Request £o~' proposals: Prior to inviting any applications for any television franchise, the City shall prepare a
Request for Proposals that shall contain, but need not be limited to, the following:
1. A description of the cable television system and services desired by the City including any system specifications
established by the City.
2. A statement specifying the form that all applications shall follow.
3. A statement indicating the amount of the application fee (if any) to be submitted with the application, and the
manner in which such fee is to be submitted.
4. A statement that all applications must contain the information required by the Request for Proposal.
5. The dosing date for the submission of applications.
6. The name, address, and telephone number of the City official(s) who may be contacted for further information.
D. Review of quaIftlcations: Specific permission to operate a cable television system under the provisions of this
article may be granted by the City Council of the City to any Grantee after: a review of the legal, character,
financial, technical qualifications; an analysis of adequacy and feasibility of the Grantee's construction arrange-
ments; an assessment of whether public, educational and governmental access channel and institutional network
capacity, equipment, facilities, services, and financial support are reasonable; a determination of whether the
proposal meets the future cable communications needs of the City; and a review of the provision of other such
information, equipment, services and support as required by the City, and after the City Council has approved the
Grantee's quahfications as a part of a public proceeding affording due process.
E. City discretion: The City, at its discretion, may reject any apphcation for a franchise. In awarding a franchise, the
City: shall allow the applicant's cable system a reasonable period of time to become capable of providing cable
service to all households in the franchise area; may require adequate assurance that the cable operator will
provide adequate public, educational, and governmental access channels and institutional network capacity,
equipment, facilities, services, and financial support; shall determine the ability of the proposal to meet the future
cable communications needs of the City; and may require adequate assurance that the cable operator has the
financial, technical, or legal qualifications to provide cable service.
F. Requirement for public l~earYng on reasonable notice: The City shall conduct a pubhc hearing prior to awarding
any cable television franchise. The hearing shall be preceded by reasonable notice to each of the franchise
applicants and to the public, and shall be conducted by the City in accordance with the following procedures:
1. There shall be an agenda for the hearing which shall specify the proposal(s) to be considered at the hearing.
2. Every person who has applied for a cable television franchise shall appear at the hearing either in person or by
authorized representative. The application of any applicant not so appearing shall not be further considered,
except for good cause shown.
3. All applicants shall be given opportunity to participate in the hearing, but nothing contained herein shall limit
the power of the presiding officer to establish reasonable time limits and otherwise limit repetitive statements
or questions.
4.The notice of hearing shall:
a. Conform to all relevant state and local laws and ordinances.
b. Describe the agenda to be considered at the public hearing.
Ordinance No. 05-416.9
Page 9
c. Indicate that copies of all franchise apphcations are available for public inspection during normal business
hours at a place to be specified in the notice.
G. Duration o££ranchise: Upon frling by the Grantee of the proper acceptance, the bond and the required insurance
and security fund, the franchise shall take effect as provided in Section 12-4-10 and shall continue in full force and
effect for a term to be set by the Council in the franchise.
H. Exemptions: Paragraphs B, C, D, E, and F of this section do not apply to an incumbent operator afforded renewal
rights under Section 626 of the Cable Act.
Sec. 12'4'7: Operation of franchise.
A. Operation to be in accordance veit]~ rules: The Grantee shall maintain and operate its cable television system in
accordance with the Rules and Regulations of the Federal Communications Commission, the State of Iowa and/or
the City as are incorporated herein or may be promulgated.
B. Interruption of serwce; notitTcation: The Grantee, whenever it is necessary to interrupt service over the cable
television system for the purpose of network maintenance, alteration or repair, shall do so at such time as will
cause the least amount of inconvenience to the subscribers, and unless such interruption is unforeseen and
immediately necessary, the Grantee shah give reasonable notice thereof to the affected subscribers.
C. O£iice andphone for complaints: The Grantee shall maintain an office within the City hmits which shall be open
during aH normal business hours, including some week night and Saturday hours, have a listed local telephone
number and be so operated that complaints and requests for repairs or adjustments may be received at any time.
D. Service records maintained: The Grantee shall at all times make and keep a list of all complaints and
interruptions or degradation of service received or experienced during the term of franchise. The records
maintained above shall also include complaint response time and service restoration period and shall be
continuously open to inspection, examination or audit, subject to subscriber privacy rights pursuant to Section 631
of the Cable Act, by any duly authorized representative of the City or member of the public.
E. Grantee rules and regulations: The Grantee shall have the authority to promulgate such rules, regulations, terms
and conditions governing the conduct of its business as shall be reasonable and necessary to enable the Grantee to
exercise its rights and perform its obligations under this article and any franchise granted hereunder.
1. Rules to be in conformance with other regulations: None of such rules, regulations, terms and conditions
promulgated under subsection (f) above shall be in conflict with the provisions hereof or the laws of the state,
or the Rules and Regulations of the Federal Communications Commission or any rules and regulations
promulgated by the City in the exercise of their regulatory authority granted hereunder.
2. All rules to be filed with City: Three (3) copies of all rules, regulations, terms and conditions promulgated
under subsection (f) above; together with any amendments, additions or deletions thereto, shall be kept
currently on i'fie with the City Clerk and another copy thereof shall be maintained for public inspection during
normal business hours at Grantee's office in the City and the copy shall be provided to the Iowa City
Telecommunications Commission; no such rules, regulations, terms, conditions or amendments, additions or
deletions thereto shall take effect unless and until so filed and maintained. This paragraph is not intended to
apply to the Company's personnel and other internal rules and regulations.
F. Subscribers'antennas: The Grantee shall not require the removal or offer to remove or provide any inducements
for removal of any potential or existing subscriber's antenna as a condition of provision of service.
G. Antenna switch: The Grantee, upon request from any subscriber, shall install at a reasonable charge a switching
device to permit a subscriber to continue to utilize the subscribers own television antenna.
H. Service response: The Grantee shah provide same day service response, seven (7) days a week for all complaints
and requests for repairs or adjustments received prior to 2:00 p.m. each day. In no event shall the response time
for calls received subsequent to 2:00 p.m. exceed twenty-four (24) hours.
I. State o£the art: This section shall be reviewed by the City during its triennial reviews whose timeframes are set
forth in Section 12-4-4 (C). In the event that the Grantee, its parent company, management firm or affiliates have
installed state of the art improvements in any system of similar size owned by Grantee, its parent company,
management firm or affiliates, which increase channel capacity and provide additional cable service, make bi'
directional capacity operational from the home, provide improvements in technological performance, provide for
interactive services, and/or other substantial improvements, then the Grantee shah make said improvements
available to the City of Iowa City subscribers within one (1) year.
The City shall hold a hearing to determine whether state of the art technology is required hereunder. Such
hearing shall afford the Grantee an opportunity to make a presentation on the state of the art and whether the
conditions specified herein indicate that a state of the art change is needed. The City may require the Grantee to
implement state of the art changes which meet the threshold specified herein.
Ordinance No. 05-4169
Page 10
Sec. 12-4-8: Rights reserved to the City.
A. Governing requirement: At all times during the term of the franchise, Grantee shall comply with all laws, rules or
regulations of the City, state or federal governments, their regulatory agencies or commissions which are now
apphcab]e or may be applicable hereafter to the construction and operation of the cable communications system,
including without limitation, all laws, ordinances, or regulations now in force or hereafter enacted. Nothing herein
shall be deemed a waiver of Grantee's right to challenge the vaLidity of any such law, rule or regulation.
B. C]~z~ge in law or regulation: Notwithstanding any other provisions of this ordinance to the contrary, the Grantee
shall at all times comply with all laws and regulations of the local, state and federal government. In the event that
any actions of the state or federal government or any agency thereof, or any court of competent jurisdiction upon
final adjudication, substantially reduce in any way the power or authority of the City under this ordinance or the
franchise, or if in compliance with any local, state, or federal law or regulation, the Grantee finds conflict with the
terms of this ordinance, the franchise, or any law or regulation of the City, then as soon as possible following
knowledge thereof, the Grantee shall notify the City of the point of conflict believed to exist between such law or
regulation and the laws or regulations of the City, this ordinance and the franchise. The city, at its option, may
notify the Grantee that it wishes to negotiate those provisions which are affected in any way by such modification
in regulations or statutory authority. Thereafter, the Grantee shall negotiate in good froth with the City in the
development of alternate provisions which shall fairly restore the City to the maximum level of authority and
power permitted by law. The City shall have the right to modify any of the provisions to such reasonable extent as
may be necessary to carry out the full intent and purpose of this ordinance and the franchise, subject to applicable
federal and state law.
C. Autt~ority: The City reserves the right to exercise the maximum plenary authority, as may at any time be lawful]y
permissible, to regulate the cable television system, the franchise and the Grantee. Should applicable legislative,
judicial or regulatory authorities at any time permit regulation not presently permitted to the City, the City and
the Grantee shall negotiate in good faith to determine what additional regulation by the City shall be permissible.
D. Rigl~t o£amendz~ent reserved to City: The City may from time to time, add to, modify or delete provisions of this
article as it shall deem necessary in the exercise of its regulatory powers. Provided, however, such exercise of
rights or powers subsequent to the effective date of a franchise will not impair the rights of the Grantee
thereunder, and if locally imposed, place an undue financial burden on such Grantee. Such additions or revisions
shall be made ouly after a public hearing for which the Grantee shall have received written notice at least thirty
(30) days prior to such hearing.
E. Grantee agrees to City's rig_bts: The City reserves every right and power which is required to be reserved or
provided by an ordinance of the City, and the Grantee by its acceptance of the franchise agrees to be bound thereby
and to comply with any action or requirements of tLie City in its lawful exercise of such rights or powers which
have been or will be enacted or established, subject to federal and state law.
F. City's rig]~t ofiz~terven~ion: The City shall have the right to intervene and the Grantee specifically agrees by its
acceptance of the franchise not to oppose such intervention by the City in any suit or proceeding to which the
Grantee is a party, provided, however, Grantee shall not be obligated to indemnify the City for any such suit.
G. Po~ers of tl~e City: Neither the granting of any franchise nor any provision governing the franchise shall
constitute a waiver or bar to the exercise of any governmental right or power of the City.
H. City's rig]~t of inspection: The City reserves the right during the life of any franchise granted hereunder to inspect
all system facihties and property and supervise all construction or installation work performed subject to the
provisions of this article and to perform network measurements to insure compliance with the terms of the article.
I. City's right of ~cquiMtion: Upon expiration of the term of the franchise or revocation or other termination as
provided by law, the City shall have the right to purchase the cable television system as specified in Section 12-4-
11,D.
J. City's right ofnetwork inst3II3tion: The City reserves the right during the life of any franchise granted hereunder
to install and maintain free of charge upon or in the poles and conduits of the Grantee any wire and pole fixtures
necessary for municipal networks, on the following conditions: that such installation and maintenance thereof
does not interfere with the operation of the Grantee; that such fixtures be used for governmental and educational
purposes, and the City agrees to indemnify the Grantee for such use.
Sec. 12-4-9: Applications for franchise.
No franchise may be granted until the applicant has successfully completed the application procedure.
A. Proposal bond and Filing fee: All applicants must provide a proposal bond as required herein and pay a nonrefun-
dable fihng fee to the City of ten thousand dollars ($10,000.00) the time the apphcation is submitted. This
bond and filing fee does not apply to an incumbent operator afforded renewal rights under Section 626 of the
Cable Act.
B. Req~estforpropos3i: All apphcants must complete the request for proposal (RFP) issued by the City which shall
include but not be hmited to the following:
Ordinance No. 05-4169
Page 11
1. Name and addr. ess of applicant: The name and business address of the apphcant, date of apphcation and
signature of apphcant or appropriate corporate officer(s).
2. Description of proposed operation: A general description of the apphcant's proposed operation, including but
not limited to business hours, operating staff, maintenance procedures beyond those required in the article,
management and marketing staff complement and procedures and, if available, the rules of operation for
public access.
3. Signal carriage: A statement of the television and radio services to be provided, including both off-the-air and
locally originated signals.
2i. Special services: A statement setting forth a description of the automated services proposed as well as a
description of the funds, services, and production facilities to be made available by the Grantee for the pubhc,
municipal and educational channels required to be made available by the provisions of this article.
5. Schedule of charges: A statement of the apphcant's proposed schedule of charges as set forth herein.
6. Corporate organization: A statement detailing the corporate organization of the apphcant, if any, including the
names and addresses of its officers and directors and the number of shares held by each officer and director.
7. Stockholders: A statement identifying the number of authorized outstanding shares of apphcant's stock
including a current hst of the names and current addresses of its shareholders holding three (3%) per cent or
more of apphcant's outstanding stock.
8. Intra'company relationships: A statement describing all intra'company relationships of the applicant,
including parent, subsidiary or affiliated companies.
9. Agreements and understandings: A statement setting forth all agreements and understandings, whether
written or oral, existing between the apphcant and any other person, firm, group or corporation with respect to
any franchise awarded hereunder and the conduct of the operation thereof existing at the time of proposal
submittal.
10. Financial statement: If apphcant is a corporation, audited financial statements for the two (2) previous fiscal
years. If applicant is a partnership, copies of the U.S. Partnership Return of Income (IRS Form 1065) for the
two (2) previoUs fiscal years. If the applicant is a sole proprietorship, copies of the U.S. Individual Income Tax
Return (IRS Form 1040) for the two (2) previous fiscal years.
11. Financial projection: A ten'year operations pro forma which shall include the initial and continuous plant
investment, annual profit and loss statements detailing income and expenses, annual balance sheets and
annual levels of subscriber penetration. Costs and revenues anticipated for voluntary services shall, if
presented, be incorporated in the pro forma as required in this article, but shall be separately identified in the
pro forma.
12. Financial support: Suitable written evidence from a recognized financing institution, addressed to both the
applicant and to the City, advising that the applicant's financial ability and planned operation have been
analyzed by the institution, and that the financing institution is prepared to make the required funds available
to applicant ff it is awarded a franchise.
13. Construction timetable: A description of system construction including the timetable for provision and
extension of service to different parts of the City.
14. Technical description: A technical description of the type of system proposed by the applicant, including but
not limited to, system, configuration (i.e.) hub, dual cable), system capacity, two'way capability, etc.
15. Technical statement: A statement from the applicant's senior technical staff member or consultant advising
that he/she has reviewed the network description, the network technical standards, performance
measurements, channels to be provided, service standards, construction standards and conditions of street
occupancy as set forth in or required by this ordinance, and that the applicant's planned network and
operations will meet all said requirements.
16. Existing franchises: A statement of existing franchises held by the applicant including when the franchises
were issued and when the systems were constructed and the present state(s) of the system(s) in each
respective governmental unit, together with the name and address and phone number of a responsible
governmental official knowledgeable of the applicant.
17. Convictions: A statement as to whether the applicant or any of its officers or directors or holders of three (3)
per cent or more of its voting stock has in the past ten (10) years been convicted of or has charges pending for
any crime other than a simple misdemeanor traffic offense, and the disposition of such case.
18. Operating experience: A statement detailing the prior cable television experience of the applicant including
that of the applicant's officers, management and staff to be associated, where known, with the proposed fran-
chise.
19. Franchise renewal information: Subject to Section 626 of the Cable Act, if an application is for renewal of a
franchise, the proposal must include, in addition to the information required in subsections (1) through (18)
above:
Ordinance No. 05-4169
Page 12
a. A summary of the technical, financial and programming history of the networ~ since the granting of the
original franchise.
b. A statement and timetable that'outhnes all proposed changes, expansion or improvements in the system
as to services, programming or technical specifications during the forthcoming three-year review
period.
C. Specia! interests: In order to maximize the potential of the cable television system, comparative evaluations of
apphcations will reflect the City's special interest in the following areas:
1. Programming and production assistance: A proposal for funding facilities, equipment or personnel beyond
those required elsewhere to be designated to effect and promote pubhc, educational, and government access,
and community programming development.
2. Discrete carriage capacity: A proposal for the origination, experimental uses and/or interconnection by or of
agencies specified in Section 12-4-17 for speciahzed needs and a plan accommodating such future needs as may
arise.
3. Bi-directional capacity: A proposal for effectuating the cable television system's bi-directional capacity and inte-
gration of the City's interactive system.
4. Multi-o~igination: A proposal for system construction in such a way that it is possible to allow occasional
simultaneous cablecasting of different programs on the same channel to different parts of the City.
5. University of Iowa: A proposal for interconnecting the City's cable television system with a University of
Iowa cable network as specified by the university so that residents of the City will benefit from the
university's resources.
6.Converters: A proposal for inclusion of converters or other subscriber technology as part of the basic service.
7. Institutional network: A proposal to provide bi-directional interconnection of video, voice, audio and data
among pubhc sector locations and interconnect to the subscriber network.
8. Home interactive: A proposal to provide two-way services to subscribers' homes.
D. AddJtiona] requirements: The apphcation for fi'anchise shall respond specifically, and in sequence, to the RFP.
Twenty (20) copies of the apphcation shall be supphed to the City. The City may, at its discretion, consider
such additional information as part of the apphcation.
E. Supplementation to applications: The City reserves the right to require such supplementary, additional or other
information as the City deems reasonably necessary for its determinations. Such modifications, deletions, addi-
tions or amendments to the apphcation shall be considered only if specifically requested by t. he City.
Sec. 12'4'10: Acceptance and effective date of franchise.
A. Franctdse acceptance procedures: Any franchise awarded hereunder and the rights, privileges and authority
granted thereby shall take effect and be in force from and after the sixtieth (60th) day following the award thereof,
provided that within sixty (60) days following award from the effective date the Grantee shall file with the City the
following:
1. A notarized statement by the Grantee of unconditional acceptance of the franchise, and
2. A certificate of insurance as set forth in Section 12-4'14, and
3. A letter of credit as set forth in Section 12'4'15 herein, and
4. Reimbursement to the City for the costs of pubhcation of this article, and cost of the initial franchising process,
and
5. Written notification of the Grantee's location and address for mail and official notifications fi'om the City.
B. For£eiture o£proposai bond: Should the Grantee fail to comply with subsection (A) above, it shall acquire no rights,
privileges or authority under this article whatever, and the amount of the proposal bond or certified check in heu
thereof, submitted with its application, shall be forfeited in full to the City as hquidated damages.
C. Grantee to t~ave no recourse: The Grantee shall have no monetary recourse whatsoever against the City for any
loss, cost, expense or damage arising out of any provision or requirement of this article or its regulation or from the
City's lawful exercise of its authority to grant additional franchises hereunder. This shall not include negligent
acts of the City, its agents or employees.
D. Acceptance o£po~ver and autI~orit~ o£ Cit~v: The Grantee expressly acknowledges that in accepting any franchise
awarded hereunder, it has relied upon its own investigation and understanding of the power and authority of the
City to grant this franchise.
E. Ynducements not offered: The Grantee, by accepting any franchise awarded hereunder acknowledges that it has
not been induced to enter into the franchise by any understanding or promise or other statement, whether verbal
or written, by or on behalf of the City concerning any term or condition of this franchise that is not included in this
article.
Sec. 12-4-11: Termination of franchise.
A. Grounds for revocation: The City reserves the right to revoke any franchise and rescind all rights and privileges
associated with the franchise in the following circumstances:
Ordinance No. 05-4169
Page 13
1. If the Grantee should default in the performance of any of its material obligations under this article or the
franchise and fails to cure the default within sixty (60) days after receipt of written notice of the default from
the City, or such longer time as specified by the City.
2. If the Grantee should fail to provide or maintain in full force and effect the construction bond, letter of credit
and liability and indemnification coverages as required in this article.
3. If a petition is £fled by or against the Grantee under the Bankruptcy Act or any other insolvency or creditors'
rights law, state or federal, and the Grantee shall fail to have it dismissed.
4. If a receiver, trustee or liquidator of the Grantee is applied for or appointed for all or part of the Grantee's
assets.
5. If the Grantee makes an assignment for the benefit of creditors.
6. If the Grantee violates any order or ruling of any State or Federal regulatory body having jurisdiction over the
Grantee, unless the Grantee or any party similarly affected is lawfully contesting the legahty or applicability of
such order or ruhng and has received a stay from a Court of appropriate jurisdiction.
7.If the Grantee evades any of the provisions of this ordinance or the franchise.
8.If the Grantee practices any fraud or deceit upon the City or cable subscribers.
9. Subject to Sections 12-4-19 and 12-4-20, if the Grantee's construction schedule is delayed later than the
schedule contained in the franchise or beyond any extended date set by the City.
10. If the Grantee materially misrepresents facts in the application for a franchise.
11. If the Grantee ceases to provide services over the cable communications system for seven (7) consecutive days
for any reason within the control of the Grantee.
12. If the Grantee fails to comply with any material access provisions of this ordinance or the franchise.
B. Procedure prior to revocation: Upon the occurrence of any of the events enumerated in subsections (A) (1), (2),
(11), (12), and (13) of this section, the City Council may, after hearing, upon thirty (30) days' written notice to the
Grantee citing the reasons alleged to constitute cause for revocation, set a reasonable time in which the Grantee
must remedy the cause. If, during the thirty-day period, the cause shall be cured to the satisfaction of the City, the
City may declare the notice to be null and void. If the Grantee fails to remedy the cause within the time specified,
the Council may revoke the franchise. In any event, before a franchise may be terminated, the Grantee must be
provided with an opportumty to be heard before the City Council.
C. Effect ofpendinglitigation: Unless a stay is issued by a Court of appropriate jurisdiction, pending litigation or any
appeal to any regulatory body or court having jurisdiction over the Grantee shall not excuse the Grantee from the
performance of its obligations under this ordinance or the franchise. Failure of the Grantee to perform material
obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the
provisions of this section.
D. Purchase of system by City: If a renewal of a franchise held by a Grantee is denied and the City acquires
ownership of the cable system or effects a transfer of ownership of the system to another person, any such
acquisition or transfer shall be:
1. At fair market value, determined on the basis of the cable system valued as a going concern but with no value
allocated to the franchise itself, or
2. In the case of any franchise existing on the effective date of this title, at a price determined in accordance with
the franchise if such franchise contains provisions applicable to such an acquisition or transfer.
3. If a franchise held by the Grantee is revoked for cause and the City acquires ownership of the cable system or
effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be at an
equitable price.
E. Restoration o£pubIic and private property: In removing its plants, structures and equipment, the Grantee shall
refill at its own expense any excavation made by it and shall leave all public ways and places and private property
in as good condition as existed prior to the Grantee's removal of its equipment and appliances, without affecting
the electric or telephone cables, wires or attachments. The City shall inspect and approve the condition of the
public ways and public places and cables, wires, attachments and poles after removal. Liability insurance,
indemnity, the performance bond and security fund provided in this article shah continue in full force and effect
during the period of removal.
F. Restoration by City, reimbursement o£costs: If the Grantee fails to complete any work required by subsection (D)
above or any work required by other law or ordinance within the time established and to the satisfaction of the
City, the City may cause such work to be done and the Grantee shall reimburse the City the costs thereof within
thirty (30) days after receipt of an itemized list of such costs, or the City may recover such costs as provided in this
article.
G. Lesser sanctions: Nothing shall prohibit the City from imposing lesser sanctions or censures than revocation.
H. Expiration; extended operation: Upon the expiration of a franchise, the City may, by resolution, on its own motion
or request of the Grantee, require the Grantee to operate the franchise for an extended period of time not to exceed
Ordinance No. 05-4169
Page 14
six (6) months from the date of any such resolution under the same terms and conditions as specified in this
ordinance and the franchise. All provisions shall continue to apply to operations during an extension period. The
City shall serve written notice at the Grantee's business office of intent to extend under this section at least thirty
(30) days prior to expiration of the original franchise or any extensions thereof.
Sec. 12-4-12: Reports and records of the Grantee.
A. A~nua] £inancia] reports required: The Grantee shall file annually with the City Clerk not later than three (3)
months after the end of its fiscal year during wl~ch it acceptecl a franc~se hereuncler ancl wit1~in four (4) months
after the end of each subsequent fiscal year, two (2) copies of:
1. The report to its stockholders; and
2. An annual, fully-audited and certified revenue statement from the previous calendar year for the Iowa City
system, including subscriber revenue from each category of service and every source of non-subscriber reve-
nue.
B. A~nua] £acilYties'report requ/,red: Within thirty (30) days of a request by the City, the Grantee shall frie annually
with the City Clerk two (2) copies of a total facilities report setting forth the total physical miles of plant installed
or in operation during the fiscal year and a strand map showing the location of same.
C. Annual service record report required: The Grantee shall make available to the City for its inspection at the
Grantee's office, a hst of all trouble complaints and network downtime received or experienced during the fiscal
year. All such submitted data shall also include complaint disposition and response time.
D. A~nua] measurements report required: The Grantee shall within thirty (30) days of a request by the City, provide
two (2) copies of a report on the network's technical measurements, as set forth herein.
E. Tests required by City: Technical tests required by City as specified in this ordinance and the franchise shall be
submitted within fourteen (14) days of notification.
F. Annual operations reports required: The Grantee shall frie annually with the City Clerk not later than three (3)
months after the end of its fiscal year during which it accepted a franchise hereunder and within four (4) months
after the end of each subsequent fiscal year two (2) copies of the following supplemental information:
1. If a nonpubhc corporation, a list of all current shareholders and bondholders both of record or beneficial. If a
pubhc corporation, a hst of all shareholders who individually or as a concerted group hold five (5) per cent or
more of the voting stock of the corporation.
2. A current list of all Grantee's officers and directors including addresses and telephone numbers.
3. The names of both business and residential addresses and phone numbers of the cable television system
resident manager and engineer.
4. Two (2) copies of all types of subscriber agreements. Copies of individual subscribers' agreements are not to be
fried with the City.
5. Copies of all rules and regulations promulgated by the Grantee during the fiscal year in the conduct of its
business in accordance with the provisions of this ordinance.
6. A copy of the annual report(s) of the parent firm(s) which own an interest of more than three (3) per cent or
more of the voting stock of the Grantee; and such other annual report(s) of subsidiaries or divisions of the
parent firm(s) as the City deems necessary for the enforcement of this ordinance and the franchise.
G. Annual subscriber noti£ic~tion: Copies of all annual subscriber notifications required by the Federal
Communications Commission.
H. Application £or cert~cate o£ compliance: The Grantee shall give formal notice to the City that it is seeking a
certificate of compliance from the Federal Communications Commission. Within five (5) calendar days upon filing
such a request with the Federal Communications Commission, the Grantee shall file two (2) copies of its
apphcation for certification with the City Clerk.
I. Pu]~]ic availability o£reports: Such documents and reports as required under this article must be available to the
public in the office of the City Clerk, during normal business hours. Subscribers shall be notified of the availability
of such reports in ways approved by the Iowa City Telecommunications Commission.
J. Correspondence: The Grantee shall, upon request of the City, frie with the City Clerk a copy of each petition,
apphcation and communications transmitted by the Grantee to, or received by the Grantee from, any federal, state
or other regulatory commissions or agencies having competent jurisdiction to regulate and pertaining to the
operations of any cable television system authorized hereunder.
Ordinance No. 05-4169
Page '15
K. City's access to records:
1. The City reserves the right during the life of any franchise granted hereunder to have access, necessary for the
enforcement of the ordinance and the franchise, at all normal business hours and, upon the giving of
reasonable notice, to all of the Grantee's books, necessary for the enforcement of contracts, engineering plans,
income tax returns, accounting reports, financial statements and service records and other like materials
relating to the property and the operation under the franchise, and to all other records required to be kept
hereunder. Nothing contained herein shall prevent the Grantee from enjoining the City from reviewing
documents relating to proprietary interests not related to its operation under this article in the City's
regulatory program.
2. Additional reports. The Grantee shall prepare and furnish to the City at the times and in the form prescribed,
such additional reports with respect to its operation, affairs, transactions or property, as may be reasonably
necessary and appropriate to the performance of any of the rights, functions or duties of the City in connection
with this ordinance or the franchise.
3. The Grantee acknowledges that the reports, books and records which must be prepared and furnished to the
City in connection with this ordinance or a franchise granted under the ordinance may constitute public
records under state law and the Grantee may be required to permit examination and copying of such records
upon request. If the City receives a demand from any person for disclosure of any information, which the
Grantee has designated as confidential, the City shall immediately advise the Grantee of the request and
provide the Grantee with a copy of any written request.
L. Proof of bonds and insurance: Grantee shall submit to the City the required bond, or a certified copy thereof and
all certificates of insurance required by this ordinance.
Sec. 12-4-13: Franchise payment.
A. FiIing fee: Apphcants for an initial franchise hereunder shall pay a nonrefundable filing fee to the City of ten
thousand dollars ($10,000.00) which sum shall be due and payable at the time of submission of the apphcation.
B. Franchising compensation: Grantees of a franchise hereunder shall provide an initial payment to the City in an
amount equal to the direct costs of granting the initial franchise including but not hmited to consultants fees,
which sum shall be due and payable concurrently with the Grantee's acceptance of the franchise, to offset the
City's costs in the franchise awarding process.
C. Annual franchise payment: Grantees of a franchise hereunder shall pay to the City an annual fee in an amount
equal to five (5) per cent of the annual gross revenues, as defined herein, in lieu of all other City's permits and fees,
to be utilized by the City to offset its cable television related regulatory and administrative costs and to maximize
awareness and use of the public, education, and governmental access and institutional network capacity. If the
maximum franchise fee allowed by law is greater than five (5) percent, the City may require the higher amount.
The franchise payment shall be in addition to any other payment owed to the City by the Grantee and shall not be
construed as payment in lieu of municipal property taxes or other state, county or local taxes. The City shall
provide the Grantee written notice forty-five (45) days prior to collection of an increased franchise fee.
D. Method of computation;interest:
1. Sales taxes or other taxes levied directly on a per subscription basis and collected by the Grantee shall be
deducted from the local annual gross revenues before computation of sums due the City is made. Payments
due the City under the provisions of subsection C. above shall be computed quarterly as of March 31, June 30,
September 30 and December 31 for the respective quarters of each year ending on said dates and shall be paid
quarterly within three (3) months after each respective computation date at the office of the City Clerk during
the City Clerk's regular business hours. The payment period shall commence as of the effective date of the
franchise. The City shall be furnished a statement with each payment, by the Grantee's Division Controller,
reflecting the total amounts of gross revenue and the above charges, deductions and computations, for the
quarterly payment period covered by the payment.
2. In the event that any payment is not made as required, interest on the amount due, as determined from the
annual gross revenues as computed by a certified public accountant shall accrue from the date of the required
submittal at an annual rate of twelve (12) per cent. The percentages designated in this section may be
amended no more than once each year by the City Council, consistent with increased costs for municipal
facihties and supervision and applicable rules of other regulatory agencies.
E. Rights ofrecomputation: No acceptance of any payment by the City shall be construed as a release or as an accord
and satisfaction of any claim the City may have for further or additional sums payable as a franchise fee under
this article of for the performance of any other obligation of the Grantee. All amounts paid shall be subject to audit
and recomputation by the City.
Ordinance No. 05-4.169
Page 16
Sec. 12'4'14: Liability and indemnification.
A. Indemnification o£ franchise: It shall be expressly understood and agreed by and between the City and any
Grantee hereunder that the Grantee shall save the City harmless from all loss sustained by the City on account of
any suit, judgment, execution, claim or demand which the City may legally be required to pay as a result of the
enactment of this article and the award of a franchise to Grantee, except as such suit, judgment, execut.zon, claim
or demand may arise from the process or action of selection of a Grantee or Grantees for award of a franchise as
provided herein.
B. Indemnification of City in franchise operation: It shall be expressly understood and agreed by and between the
City and any Grantee hereunder that the Grantee shall save the City and its agents and employees harmless from
and against all claims, damages, losses and expenses, including attorney's fees sustained by the City on account of
any suit, judgment, execution, claim or demand whatsoever arising out of the installation, operation or
maintenance of the cable television system by the Grantee, its employees or agents, as authorized herein, whether
or not any act or omission complained of is authorized, allowed or prohibited by this article and any franchise
granted hereunder. This provision shall not apply to acts of the City, its agents or employees.
C. Reimbursement o£costs: The Grantee shall pay and by its acceptance of any franchise granted hereunder agrees
that it will pay all expenses and costs incurred by the City in defending the City with regard to all damages and
penalties mentioned in subsections (a) and (b) above except as such expenses may arise from the process (as
above). Should the City decide to hire its own defense, such expenses will be borne by the City.
D. Public liability insurance: The Grantee shall maintain and by its acceptance of any franchise granted hereunder
agrees that it will maintain throughout the term of the franchise, any extensions thereto or as reqmred in this
ordinance, a general comprehensive liability insurance policy naming as the additional insured the City, its
officers, boards, commissions, agents and employees, in a company registered in the State of Iowa, and which
maintains a BEST's rat'mg of A- or better, in forms satisfactory to the City Manager, protecting the City and all
persons against liability for loss or damage, occasioned by the operations of Grantee under any franchise granted
hereunder, in the amounts o£
1. Two milhon ($2,000,000.00) for bodily injury or death to any one person, within the limit, however, of three
million dollars ($3,000,000.00) for bodily injury or death resulting from any one accident, and
2. One million ($1,000,000.00) for property damage resulting from any one accident.
E. Automobile liability insurance: The Grantee shall maintain, and by its acceptance of any franchise granted
hereunder specifically agrees that it will maintain throughout the term of the franchise, automobile liabihty
insurance for owned, non'owned, or rented vehicles in the minimum amount of-
1. $1,000,000 for bodily injury and consequent death per occurrence;
2. $1,000,000 for bodily injury and consequent death to any one person; and
3. $500,000 for property damage per occurrence.
F. Insured: At any time during the term of the franchise, the City may request and the Grantee shall comply with
such request, to name the City as an additional insured for all insurance policies written under the provisions of
this ordinance or the franchise.
G. Inflation: To offset the effects of inflation and to reflect changing liability limits, all of the coverages, limits, and
amounts of the insurance provided for herein are subject to reasonable increases at the end of every three (3) year
period of the franchise, applicable to the next three year period, at the sole discretion of the City, upon a finding by
the City of increased insurance risks requiring such changed limits.
H. Notice of cancellation or reduction of coverage: The insurance policies mentioned above shall contain an
endorsement stating that the policies are extended to cover the liability assumed by the Grantee under the terms
of this article and shall contain the following endorsement:
This policy may not be canceled nor the amount of coverage thereof reduced until thirty (30) days after
receipt by the City Manager of a written notice of such intent to cancel or reduce the coverage.
I, Evidence of insurance iHed with City Manager: All certificates of insurance shall be filed and maintained with the
City Manager during the term of any franchise granted hereunder or any renewal thereof.
J. Extent o£]iability: Neither the provisions of this article nor any insurance accepted by the City pursuant hereto,
nor any damages recovered by the City thereunder, shall be construed to excuse faithful performance by the
Grantee or limit the liability of the Grantee under any franchise issued hereunder or for damages, either to the full
amount of the bond or otherwise.
K. Insurance for contractor and subcontractors: Grantee shall provide coverage for any contractor or subcontractor
involved in the construction, installation, maintenance or operation of its cable communications system by either
obtaining the necessary endorsements to its insurance policies or requiring such contractor or subcontractor to
obtain appropriate insurance coverage consistent with this section and appropriate to the extent of its involvement
in the construction, installation, maintenance or operation of Grantee's cable communications system.
Ordinance No. 05-4169
Page 17
Sec. 12-4-15: Bonds.
A. ]~roposa] bond: Each applicant for an initial franchise hereunder shah submit a proposal bond in a form acceptable
to the City Manager or a certified check on a bank that is a member of the Federal Deposit Insurance Corporation,
payable to the order of the City in an amount of twenty-five thousand dollars ($25,000.00). Said bond shah remain
in effect until such time as the apphcant accepts the franchise and furnishes both the construction bond and the
letter of credit as provided herein.
B. Construction bond: The Grantee shall maintain and by its acceptance of any franchise granted hereunder agrees
that it will maintain through the rebuild or construction of the cable television system as required by this
ordinance, a faithful construction bond running to the City, with at least (2) good and sufficient sureties or other
financial guaranties approved by the City Manager, in the penal sum total of one million dollars ($1,000,000.00)
conditioned upon the faithful performance of the Grantee in the construction or rebuild of a cable television system
complying with related provisions of this ordinance and the franchise, and upon the further condition that if the
Grantee shall fail to comply with any law, ordinance or regulation governing the construction or rebuild of the
cable television system, there shall be recoverable jointly and severally from the principal and surety of the bond,
any damages or loss suffered by the City as a result, including the full amount of any compensation,
indemnification, or cost of repair, construction, removal or abandonment of any property of the Grantee, plus a
reasonable allowance for attorney's fees and costs, up to the full amount of the bond. In addition, failure to meet
construction deadhnes shah result in forfeiture of said bond or withdrawal from the construction bond. The bond
shah contain the following endorsement: This policy may not be canceled nor the amount of coverage thereof re'
duced until thirty (30) days after receipt by the City Manager of a written notice of such intent to cancel or reduce
the coverage.
C. Release o£the bond: Upon the City's determination that the construction or rebuild of a cable television system is
complete, the Grantee shah be notified by the City that the bond required under this section shall be released.
D. Letter o£credit:
1. The Grantee shah obtain, maintain, and file with the City an irrevocable letter of credit from a financial insti-
tution acceptable to the City and hcensed to do business in the State in an amount of seventy-five thousand
($75,000.00), naming the City as beneficiary for the faithful performance by it of all the provisions of this
franchise and comphance with aH orders, permits and directions of any agency of the City having jurisdiction
over its acts or defaults under this contract and the payment by the Grantee of any claims, hens and taxes due
the City which arise by reason of the construction, operation or maintenance of the system. The letter of credit
shall be released only upon expiration of the franchise or upon the replacement of the letter of credit by a
successor Grantee.
2. Within thirty (30) days after notice to it that any amount has been withdrawn from the letter of credit pursu-
ant to subsection D.1. of this section, the Grantee shall pay to, or deposit with, the City Clerk a sum of money
or securities sufficient to restore such security fund to the original amount of seventy-five thousand dollars
($75,000.00) up to a total during the franchise term of $500,000.
3. If the Grantee fails to pay to the City any compensation required pursuant to this article within the time fixed
herein; or, fails, after ten (10) days' notice to pay to the City any taxes due and unpaid; or, fails to repay to the
City, within such ten (10) days, any damages, costs or expenses which the City shall be compelled to' pay by
reason of any act or default of the Grantee in connection with this franchise; notice of such failure by the office
of the City Manager, to comply with any provisions of this contract which the office of the City Manager
reasonably determines can be remedied by an expenditure of the letter of credit, the City Clerk may
immediately withdraw the amount thereof, with interest and any penalties, from the security fund. Upon such
withdrawal, the City Clerk shah notify the Grantee of the amount and date thereof.
4. If the Grantee wishes to contest withdrawal, the Grantee may petition to the Iowa City Telecommunications
Commission for a hearing within ten (10) days from date notice of withdrawal is mailed or otherwise given.
E. Replenishment o£ letter of credit and construction bond: No later than thirty (30) days, after mailing to the
Grantee by certified mail notification of a withdrawal pursuant to paragraphs C and D above, and after the total
amount of funds in the letter of credit is $50,000, the Grantee shall replenish the letter of credit or construction
bond in an amount equal to the amount so withdrawn. Failure to make timely replenishment of such amount to
the letter of credit and construction bond shall constitute a violation of this Ordinance.
Sec. 12'4'16: Fees, rates and charges.
A. Schedule liJings: Subject to Federal law, Grantee shah file with the City schedules which shall describe all
services offered, all rates and charges of any kind, and aH terms and conditions relating thereto. No rates or
charges shah be effective except as they appear on a schedule so filed. Grantee shah notify the City and subscrib-
ers in writing at least thirty (30) days prior to the implementation of any change in services offered, rates charges,
or terms and conditions related thereto.
B. Nondiscriminatory rates: Unless otherwise allowed by FCC regulation, Grantee shah estabhsh rates that are
Ordinance No. 05-4169
Page 18
nondiscriminatory within the same general class of subscribers which must be apphed fairly and uniformly to all
subscribers in the franchise area for all services. Nothing contained herein shall prohibit the Grantee from
offering (i) discounts to commercial and multiple family dwelhng subscribers billed on a bulk basis; (ii) promotional
discounts; (iii) reduced installation rates for subscribers who have multiple services; or (iv) discount for senior
citizens and/or low income residents. Grantee's charges and rates for all services shall be itemized on subscriber's
monthly bills.
C. Cityregulation: To the extent that federal or state law or regulation may now, or as the same may hereafter be
amended to, authorize the City to regulate the rates for any particular service tiers, service packages, equipment,
or any other services provided by Grantee, the City shall have the right to exercise rate regulation to the full
extent authorized by law, or to refrain from exercising such regulation for any period of time, at the sole discretion
of the City.
D. Rate regulation of the basic tier and charges: The City will follow FCC Rate Regulations. In connection with such
regulation, the City will ensure a reasonable opportunity for consideration of the views of interested parties; and
the City Attorney, or designee, is authorized to execute on behalf of the City and file with the FCC such
certification forms or other instruments as are now or may hereafter be required by the FCC Rate Regulations.
E. Abiiity to petition: If apphcable, the City shah have the right to petition the Federal Communications Commission
or other appropriate agency or organization to obtain rate regulation authority or to petition the federal body to
review or regulate rates in the City.
F. NotiScation of charges: The Grantee may establish charges for its services not specified in subsection (a) above;
however, aH such charges, including but not limited to additional service, leased channel, discrete channel, and
production rates shall be made pubhc and two (2) copies of the schedule of charges, as originally and thereafter
modified, shah be fried with the City Clerk thirty (30) days prior to the effective date of such changes.
G. Deposits on advance payments to be approved: The Grantee shah receive no deposit, advance payment or penalty
from any subscriber or potential subscriber other than those established in the schedule of charges previously fried
with and/or approved by the City Council.
H. Purchase of switch: In the event that the FCC does not regulate antenna switches, and/or that a switch or other
appurtenant device is required to permit subscribers to receive full broadcast network service, the Grantee shall
give the subscriber the option of purchasing the switch at a reasonable cost at the time of initial installation
thereof, or of purchasing said switch or other appurtenant device at the then prevailing local installment plan
interest rate. The Grantee hereby agrees to allow the subscriber to provide a switch or other appurtenant device
at its subscriber terminal, provided that such device meets with the approval of the Grantee. Such approval shall
not be withheld if it is shown that such device does not interfere with the operation of the cable television system.
If the subscriber elects not to purchase or provide said switch or other appurtenant device, the Grantee may make
an additional charge for the rental of such switch or other appurtenant device providing that the additional charge
is in accordance with the schedule of charges contained in the Grantee's application for a franchise hereunder or
hereafter shall be fried with and approved by the City.
I. Subscriber refunds in addition to those authorized by the FCC:
1. If any subscriber of the Grantee of less than ten (10) days terminates services due to the Grantee's failure to
render service to such subscriber of a type and technical quahty provided for herein;
2. If service to a subscriber is terminated by the Grantee without good cause; or
3. If the Grantee ceases to provide service for twenty-four hours or more, the cable television system authorized
herein for any reason except termination or expiration of a franchise granted hereunder;
The Grantee shall refund to such subscriber an amount equal to the monthly charge, installation and connection
charge paid by such subscriber in accordance with the then-existing schedule of charges.
J. Disconnection: Except as provided by FCC rate regulation, there shall be no charge for disconnection of any
installation or outlet. If any subscriber fails to pay a properly due monthly subscriber fee, or any other properly
due fee or charge, the Grantee may disconnect the subscriber's service outlet. Such disconnection shall not be
effected until forty-five (45) days after the due date of said delinquent fee or charge, and after adequate written
notice of the intent to disconnect has been delivered to the subscriber in question. Upon payment of charges due
and the payment of a reconnection charge, ff any, the Grantee shall promptly reinstate the subscriber's cable
service after request by subscriber.
K. Rates subject to other reguiations: The Grantee in submitting its request for approval of initial rates or any
subsequent rates shall do so for basic service and related equipment to be performed to or for subscribers described
in this ordinance. If FCC rules and regulations, or any other applicable laws or regulations, shall subsequently
determine that the City of Iowa City has jurisdiction over other services or service to be offered or performed, said
rates shall be subject to approval by the City at that time.
L. Reduction of fees: If during the term of any franchise or renewal thereof granted hereunder, the Grantee receives
refunds or if the cost of operation to the Grantee is reduced as a result of an order of any regulatory body having
Ordinance No. 05-4169
Page 19
competent jurisdiction, the Grantee shah pass on to its subscribers on a prorated basis any such savings or reduced
costs pursuant to FCC regulation.
M. Rate chan~e procedures:
1. Limitation on application for increase in rates: The Grantee shah not, unless allowed by FCC regulations, file
more than one application for an increase in fees, rates or charges during any calendar year except to seek
relief from the imposition of federal, state or local taxes or other legally imposed fees not contemplated in the
most recent rate determination.
2. Review of rates: The Iowa City Telecommunications Commission shall review the Grantee's schedule of fees,
rates or charges that are within the City's regulatory jurisdiction, upon application by the Grantee as herein
provided or at any time on its own motion. The Iowa City Telecommunications Commission shall submit such
schedule and any contemplated modifications thereof, together with its recommendations, to the City Council
as expressed in such a resolution. The City Council may, pursuant to FCC regulations, reduce or increase
such fees, rates or charges adopted for this purpose and, unless allowed by FCC regulation, no change in the
Grantee's schedule of fees, rates or charges shall be effective without prior action of the Iowa City Telecom-
munications Commission and the approval of the Council.
No such resolution shall be adopted without prior pubhc notice and opportunity for all interested members of
the public, including the Grantee, to be heard, subject to the procedures set forth in this ordinance. No change
in City regulated fees, rates and charges shall take effect until thirty (30) days after the approval of the rates
by the City Council.
3. Documentation of request for increase: Any increase requests, in addition to other factors described in this
section, shall be supported by a showing of increased costs for the existing services or proposed services and
shall be filed in two (2) copies with the City Clerk. If a Grantee requests a change, it shah present in detail in
writing the statistical basis, in addition to other requirements as set out in this section, for the proposed fee
change in accordance with FCC rules.
4. Records to be made available: For the purposes of determining the reasonableness of Grantee fees, rates or
charges, Grantee records relating the same shall be made available to the City.
Sec. 12-4-17: Public, education and government connection to cable television system.
The Grantee shah provide upon request within the City one connection and monthly service for basic service and
all non-pay services to such public, parochial and nonprofit private schools, the University of Iowa, City designated
public access facility, City and other government buildings and other agencies, provided that such designated locations
are within two hundred (200) feet of any network cable route. Initial installation shall be without charge. Rates for
monthly service to residential or hving units within such entities may be negotiated with each such entity. The
Grantee may charge for any excess footage on the basis of time and material for any such locations beyond the two
hundred-foot limitation if such connection is designated by the City. The City reserves the right for itself and the above
entities at their individual expense to extend service to as many areas within such schools, buildings and agend~es as it
deems desirable without payment of any additional installation fee or monthly fee to Grantee. All such extensions,
however, shah be accomphshed in such a way so as not to interfere with the operation of the cable television system.
Institutions receiving free drops will consult with Grantee on the technical standards to be used for such extensions.
The Grantee shall comply with the public, educational and government access requirements specified in the franchise.
Sec. 12'4'18: Interconnection of network.
Area interconnection: The Grantee shall be interconnected with other communities and cable companies as
specified in the franchise.
Sec. 12'4-19: Construction timetable for initial construction.
A. Permit application: It is hereby deemed in the public interest that the system be extended as rapidly as possible to
all residents within the City. Within ninety (90) days of the effective date of a franchise granted hereunder, the
Grantee shall file with the appropriate authorities and utihties all initial papers and applications necessary to
comply with the terms of this article including the application for franchise and any additions or amendments
thereto and shall thereafter diligently pursue all such apphcations. After the Grantee has diligently pursued the
acquisition of necessary pole attachment contracts, or other necessary easements, and where such necessary
contracts have not been executed or easements obtained after a reasonable period of time as determined by the
City, the City may, at its discretion, provide assistance to ensure the extension of the system to aH residents.
B. Commencement o£construction: Within one hundred eighty (180) days of the effective date of FCC certification,
the Grantee shall initiate construction and installation of the cable television system. Such construction and
installation shall be pursued with reasonable diligence.
C. Commencement o£operation: Within twelve (12) months of the effective date of FCC certification, the Grantee
shall commence operation within the meaning set forth in this ordinance.
Ordinance No. 05-/4169
Page 20
D. Sustained completion o£construction: Within the time specified in the franchise agreement, the Grantee shall
have substantially completed construction of the service area within the meaning set forth in this ordinance.
E. Provisions o£basic service: Within the time specified in the franchise agreement, the Grantee shall have placed in
use sufficient distribution facilities so as to offer basic service to one hundred (100) per cent of the dwelhng units in
the service area to which access is legally and reasonably available.
F. Delays and extension o£ time: The City Council may in its discretion extend the time for the Grantee, acting in
good faith, to perform any act required hereunder. The time for performance shall be extended or excused, as the
case may be, for any period during which the Grantee demonstrates to the satisfaction of the City Council that the
Grantee is being subjected to delay or interruption due to any of the following circumstances ff reasonably beyond
its control:
1. necessary utility rearrangements, pole change-outs or obtaining of easement rights,
2. governmental or regulatory restrictions,
3. labor strikes,
4. lockouts,
5. war,
6. national emergencies,
7. fire,
8. acts of God.
G. When certain operations are to commence: If FCC certification is not required for a franchise granted under this
article, all time periods specified in subsections (A), (C), (D) and (E) of this section shall commence with the
effective date of a franchise granted hereunder.
Sec. 12'4-20: Construction timetable for rebuild construction.
A. Compliance with construction and technical standards: Grantee shall construct, rebuild, install, operate and
maintain its system in a manner consistent with all laws, ordinances, construction standards or guidelines,
governmental requirements, FCC technical standards, and detailed technical standards provided for in the
franchise.
B. Construction timetable: The Grantee shall construct and complete the system rebuild in accordance with the
timetable set forth in the franchise.
C. Delays and extension o£ time: The City Council may in its discretion extend the time for the Grantee, acting in
good faith, to perform any act required hereunder. The time for performance shall be extended or excused, as the
case may be, for any period during which the Grantee demonstrates to the satisfaction of the City Council that the
Grantee is being subjected to delay or interruption due to any of the following circumstances if reasonably beyond
its control:
1. necessary utility rearrangements, pole change-outs or obtainment of easement rights,
2. governmental or regulatory restrictions,
3. labor strikes,
4. lockouts,
war,
6. national emergencies,
7. fire,
8. acts of God.
Sec. 12-4-21: Network description.
A. System bandvridth capability: The Grantee shall install a cable network according to the following specifications:
The initial system shall be designed to a capacity equivalent to a minimum of 750 MHz and as specified in the
franchise. The Grantee at its option may provide for this increased capacity at the time of initial construction.
As total bi-directional capacity is a priority goal of the City, applicants for a franchise hereunder may propose
greater channel capacities and more sophisticated two-way capabilities than the minimums set forth herein.
However, such proposal shall describe the particular community needs to be served thereby and shall detail, as
part of the financial projection and support required in this ordinance the associated costs and revenues.
B. System coniiguration: The Grantee shall design and construct the network using fiber to the node architecture, or
better, in such a way as to provide maximum flexibility and to provide service to the fewest number of homes per
fiber node as economically feasible.
C. Protection of subscriber privacy mandatory: Grantee shall at all times protect the privacy of subscribers, as
provided in this ordinance and other applicable federal, state, and local laws.
D. Notice of privacy provisions: At the time of entering into an agreement to provide any cable service or other
service to a subscriber, and at least once a year thereafter, Grantee shall provide notice consistent with and in
accordance with federal law in the form of a separate written statement to each subscriber which clearly and
conspicuously informs the subscriber of:
Ordinance No. 05-4169
Page 21
1. The privacy rights of the subscriber and the hmitations placed Upon Grantee with regard this ordinance hereof
and all other applicable federal, state, and local subscriber privacy provisions;
2. The nature of personally identifiable information collected or to be collected with respect to the subscriber and
the nature of the use of such information;
3. The nature, frequency, and purpose of any disclosure which may be made of such information, including an
identification of the types of persons to whom the disclosure may be made;
4. The period dmcing which such information might be maintained by the cable operator;
5. The times and place at which the subscriber may have access to such information in accordance with this
ordinance and other applicable federal, state, and local law;
6. A request for the subscriber signature allows for use of personally identifiable information.
E. Collection of personally ident~I'~abie information prohibited: Grantee shah not use or permit the use of the cable
system to collect personally i~lentifiable information concerning any subscriber, except as necessary to render a
cable service or other service provided by the cable operator to the subscriber. Grantee shall not install or permit
the installation of any special terminal equipment in any subscriber's premises for the two-way transmission of
any aural, visual, or digital signals without the prior written consent of the subscriber. Grantee shall not tabulate,
nor permit others to tabulate, any subscriber use of the cable system which would reveal the opinions or
commercial product preferences of individual subscribers, whether residential or business, or of any occupant or
user of the subscriber's premises without written authorization from the subscriber for his or her participation in a
shop-at-home or similar service. When providing such service, the Grantee may tabulate only those responses
essential to the functioning of that shopping or other service, and may not use any such tabulation of individual
preferences for any other purposes. Tabulations of aggregate opinion or preference are permitted, provided the
aggregations are sufficiently large to assure individual privacy.
F. Disclosure of subscriber information prohibited: Grantee shall not without the specific written authorization of the
individual subscribers involved, sell or otherwise make available to any party any hst of the names and addresses
of indix4dual subscribers, any list which identifies the viewing habits of individual subscribers, or any personal
data, social security number, income and other data the Grantee may have on file about individual subscribers,
except as necessary to render or conduct a legitimate business activity related to a cable service or other service
provided by the cable operator to the subscriber, provided, however, that such disclosure shall not reveal directly
or indirectly the extent of viewing or other use by the subscriber of a cable service or other service provided by the
cable operator, or the nature of any transaction made by the subscriber over the cable system.
G. Arotices of monitoring: Grantee shall report to the affected parties, the City and other appropriate authorities, any
instances of monitoring or tapping of the system, or any part thereof, of which it has knowledge, which is not
authorized under this section whether or not such activity has been authorized by Grantee. Grantee shall not
record or retain any information transmitted between a subscriber or user and any third party, except as required
for lawful business purposes. Grantee shall destroy all subscriber or user information of a personally identifiable
nature after a reasonable period of time, unless retention of such information is authorized by the affected
subscriber or user.
H. Polling by cable: No poll or other upstream response from a subscriber shah be conducted or obtained except as
part of a program that contains an explicit disclosure of the nature, purpose and prospective use of the results of
the poll or upstream response and where the program has an informational, entertainment or educational function
which is self'evident. Grantee or its agents shall release the results of upstream responses only in the aggregate
and without individual references.
I. Monitoring devices: Grantee shall provide written notice to each subscriber when equipment is to be installed on
the system which would permit the recording or monitoring of individual viewing habits of a subscriber or
household; such equipment shall be installed only after prior written permission has been granted by the sub-
scriber. Such permission may be vahd for one year only and may be renewed by permission of the subscriber. In
no event shall such permission be obtained as a condition of service or continuation thereof. Grantee shall give
each subscriber annual written notice of any such monitoring and of the subscriber's right to terminate the
monitoring in accordance with the terms and conditions of the subscriber's contract with Grantee.
J. Personally identi£~able information: Grantee shall not predicate regular subscriber service on the subscriber's
grant or denial of permission to collect, maintain or disclose personally identifiable information. A subscriber may
at any time revoke any permission previously given by delivering to the Grantee a written statement of that
intent.
K. Correction policy: Each subscriber shall be provided access to all personally identifiable information regarding
such subscriber that Grantee collects or maintains or allows to be collected or maintained, and such subscriber
shall be provided the opportunity to correct any error in such information.
L. Viewing habits: Any information concerning individual subscriber viewing habits or responses, except for
information for billing purposes, shall be destroyed within sixty (60) days of collection. Information for billing
Ordinance No. 05-4169
Page 22
purposes shall be kept for two (2) years and then destroyed unless otherwise required to be kept by law.
M. System performance: This section is not intended to prohibit the use or transmission of signals useful only for the
control or measurement of system performance.
N. Subscriber and user contracts: This section of this ordinance shall be enforceable directly by every aggrieved
subscriber or user and by every aggrieved person seeking to become a subscriber or user. Grantee shall include
the following provision in every contract or agreement between Grantee and any subscribers or user:
The subscriber/user, as part of this contract, has certain rights of privacy prohibiting the unauthorized
monitoring of service and pubhcation of personal information under the control of (Name of Grantee),
including without hmitation, information regarding program selections or service uses. (Name of Grant-
ee) shall make available upon the request of the subscriber/user further description of said rights as
established in its ordinance and franchise with the City of Iowa City.
Grantee shall not allege or contend that any actual or potential subscriber or user may not enforce this
ordinance by reason of lack of privacy.
Sec. 12-4-22: Network technical requirements.
General requ/rements: Each cable television system must be so designed, installed and operated as to meet FCC
technical standards and standards set forth in the franchise.
Sec. 12-4-23: Performance measurements.
A. Generalrequirements: Test procedures utilized shall be in accordance with those promulgated by the FCC and the
National Cable Television Association.
B. Additional tests and inspection: The City reserves the right to:
1. Require additional tests for cause at specific terminal locations at expense of the Grantee, and
2. Conduct its own inspections of the cable television system on its own motion at any time during normal
business hours with reasonable advance notice.
C. Report of measurements combined: To the extent that the report of measurements as required above may be
combined with any reports of measurements required by the FCC or other regulatory agencies, the City shall
accept such combined reports, provided that all standards and measurements herein or hereafter established by
the City are satisfied.
Sec. 12-4'24: Construction standards.
A. Antennas and towers: Antenna supporting structures (towers) shall be designated for the proper loading zone as
specified in the Electronics Industry Association's Specifications as amended from time to time.
B. Compliance wit]~ aviation requirements: Antenna supporting structures (towers) shall be painted, hghted, erected
and maintained in accordance with all applicable rules and regulations of the Federal Aeronautical Agency~ the
state aeronautics board governing the erection and operation of supporting structures or television towers, and all
other applicable local or state codes and regulations.
C. City approval o£construction plans: Prior to the erection of any towers, poles or conduits or the upgrade or rebuild
of the cable communications system under this ordinance, the Grantee shall frrst submit to the City and other
designated parties for review, such information as specified in the franchise. No erection or installation of any
tower, pole, underground conduit, or fixture or any rebuilds or upgrading of the cable communications system shall
b~ commenced by any person until approval, therefore, has been received from the City.
D. Contractor qua]Lffcations: Any contractor proposed for work of construction, installation, operation, maintenance,
and repair of system equipment must be properly hcensed under laws of the State, and all local ordinances. In
addition, the Grantee shall submit to the City, every two years, a plan to hire persons locally for the construction,
installation, operation, maintenance and repair of the system equipment.
E. Minimum interference: The Grantee's system and associated equipment erected by the Grantee within the City
shall be so located as to cause minimum interference with the proper use of streets, alleys, and other pubhc ways
and places, and to cause minimum interference with the rights and reasonable convenience of property owners
who adjoin any of the said streets, alleys or other public ways and places. No pole or other fixtures placed in any
public ways by the Grantee shall be placed in such a manner as to interfere with normal travel on such pubhc way.
F. City maps: The City does not guarantee the accuracy of any maps showing the horizontal or vertical location of
existing substructures. In public rights-of-way, where necessary, the location shall be verified by excavation.
G. quality of construction: Construction, installation, operation, and maintenance of the cable communications
system shall be performed in an orderly and workmanlike manner, in accordance with then current technological
standards. All cables and wires shall be installed, where possible, parallel with electric and telephone lines.
Multiple cable configurations shall be arranged in parallel and bundled with due respect for aesthetic and
engineering considerations.
H. Construction standards: The construction, installation, operation, maintenance, and/or removal of the Cable
Communications System shall meet all of the following safety, construction, and technical specifications and codes
and standards: Occupational Safety and Health Administration Regulations (OSHA)
Ordinance No. 05-4169
Page 23
National Electrical Code
National Electrical Safety Code (NESC)
National Cable Television Standard Code
AT&T Manual of Construction Procedures (Blue Book)
Bell Telephone Systems Code of Pole Line Construction
All Federal, State and Municipal Construction Requirements, including FCC Rules and Regulations
Utility Construction Requirements
All Building and Zoning Codes, and All Land Use Restrictions, as the same exist or may be amended hereafter.
Sec. 12-4'25: Erection, removal and common use of poles.
A. Approval £or poles: No poles shall be erected by the Grantee without prior approval of the City with regard to
location, height, types and any other pertinent aspect. However, no location of any pole or wire-holding structure
of the Grantee shall give rise to a vested interest and such poles or structures shall be removed or modified by the
Grantee at its own expense whenever the City determines that the public convenience would be enhanced thereby.
B. Requirements to use existingpoles: Where poles already exist for use in serving the City and are available for use
by the Grantee, but Grantee does not make arrangements for such use, the City may require the Grantee to use
such poles and structures ff it determines that the public convenience would be enhanced thereby and the terms of
the use available to the Grantee are just and reasonable.
Sec. 12'4'26: Construction reporting requirements.
A. Progress reports: Within thirty (30) days of the granting of a franchise pursuant to this ordinance, the Grantee
shall provide the City with a written progress report detailing work completed to date and a schedule for
completion of construction. Such report shall include a description of the progress in applying for any necessary
agreements, licenses, or certifications and any other information the Cable Television Administrator may deem
necessary.. The content and format of the report will be determined by the Cable Television Administrator and
may be modified at the Administrator's discretion.
B. ~meframe for reports: Such written progress reports shall be submitted to the City on a bimonthly basis
throughout the entire construction or rebuild process. The Cable Television Administrator may require more
frequent reporting ff the Administrator determines it is necessary to better monitor the Grantee's progress.
C. Subscriber in£ormation: Prior to the commencement of any major system construction, the Grantee shall produce
an informational document to be distributed to all residents of the area to be under construction, which shall
describe the activity that will be taking place. The informational document shah be reviewed by the Cable
Television Administrator prior to its distribution. '
Sec. 12-4-27: Channels to be provided.
A. Leased access channel: The Grantee shall maintain at least one specifically designated channel for leased access
uses. In addition, other portions of its nonbroadcast bandwidth, including unused portions of the specifically
designated channels, shall be available for leased uses. On at least one of the leased channels, priority shall be
given to part-time users.
B. Television broadcast signal carrYage: The Grantee shall carry those television broadcast signals which are in
accordance with Part 76, Section 76.63 of the FCC Rules and Regulations as such rules are amended from time to
time. The provision of additional television broadcast signals as provided for in Part 76, Section 76.63(a) shall also
be required as amended from time to time.
C. Basic service: Channels to be included on the first tier of service not requiring a converter or other appurtenance
shall include: all television signals described in subsections A., B. and D. of this section. As the maximized use of
the total channel capacity is of great interest to the City, applicants for a franchise hereunder may submit
proposals to utilize channels beyond the basic service. Such a proposal may include the use of converters at no
additional charge to subscribers.
D. Access channels: Grantee shall provide the public, educational and governmental access channels as specified in
the franchise. The entities operating access channels shall, in cooperation with the Iowa City Telecommunications
Commission, develop rules for such channels. Such rules shah be placed on file with the City Clerk.
Sec. 12'4-28: Conditions of street occupancy:
A. Approval o£proposed construction: The Grantee shall £trst obtain the approval of the City prior to commencing
construction on the streets, alleys, public grounds or places of the City as specified in the franchise.
B. Permits: A Grantee shall obtain construction permits in conformance with all City rules and regulations.
C. Changes required by public improvements: The Grantee shall, at its expense, protect, support, temporarily
disconnect, or relocate in other public place any property of the Grantee when required by the City by reason of
traffic conditions, pubhc safety, street vacation, street construction, change or estabhshment of street grade,
installation of sewers, drains, water pipes, City-owned power or signal lines, and tracts or any other type of
structure or improvement by public agencies.
D. Use o£exJstY~g po]es or conduits: Nothing in this article or any franchise granted hereunder shall authorize the
Ordinance No. 05-4169
Page 24
Grantee to erect and maintain in the City new poles where existing poles are servicing the area. The Grantee
shall require permission from the City before erecting any new poles, underground conduit or appurtenances
where none exist at the time the Grantee seeks to install its network.
E. Underground installation: All installations shall be underground in those areas of the City where public utilities
providing either telephone or electric service are underground at the Cune of installation. In areas where either
telephone or electric utility facilities are above ground at the time of installation, Grantee may install its service
above ground, provided that at such time as those facihties are required to be placed underground by the City or
are placed underground, the Grantee shall likewise place its services underground without additional cost to the
City or to the individual subscribers so served within the City. Where not otherwise required to be placed
underground by this ordinance or the franchise, the Grantee's system shall be located underground at the request
of the adjacent property owner, provided that the excess cost over the aerial location shall be borne by the property
owner making the request. All cable passing under the roadway shall be installed in conduit.
F. Pedestals: When housing mini-hubs, switching or other equipment are to be utilized on the pubhc right of way,
such equipment must be completely buried beneath streets or sidewalks. Any pedestals located in the public right
of way shall comply with ~lty ordinances or regulations. All such buried equipment shall be shown in plan and
cross-section on the design plans for permits.
G. _~aci]ities not to be hazardous or ]nter£ere: All wires, conduits, cable and other property and facilities of the
Grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere
with the usual and customary trade, traffic and travel upon the streets and pubhc places of the City. The Grantee
shall keep and maintain all its property in good condition, order and repair. The City reserves the right hereunder
to inspect and examine at any reasonable time and upon reasonable notice the property owned or used, in part or
in whole, by the Grantee. The Grantee shall keep accurate maps and records of all its facilities and furnish copies
of such maps and records as requested by the City. A Grantee shall not place poles or other equipment where they
will interfere with the rights or reasonable convenience of adjoining property owners or with any gas, electric or
telephone fixtures or with any water hydrants or mains. All poles or other fLxtures placed in a street shall be
placed in the right'of-way between the roadway and the property, as specified by the City.
H. Method o£instal_l_ation: All wires, cables, amplifiers, and other property shall be constructed and installed in an
orderly manner consistent with the trade. All cables and wires shall be installed parallel with existing telephone
and electric wires whenever possible. Multiple cable configurations shall be arranged in a parallel and bundled,
with due respect for engineering and safety considerations. All installations shall be underground in those areas of
the City where public utilities providing telephone and electric service are underground at the ~me of installation.
All underground installations of wires and cable shall be buried at least twelve (12) inches below ground, and no
trenching or other underground installation shall be commenced without notice to the City Forester. All
underground installation shall be performed in compliance with City Forester directions.
I. Protection o£facilities: Nothing contained in this section shall relieve any person, company or corporation from
habifity arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while
performing any work connected with grading, regrading or changing the line of any street or pubhc place or with
the construction or reconstruction of any sewer or water system. Any person, company or corporation intending to
perform any of the above-described work in an area where Grantee's facilities are located shall notify Grantee at
least twenty-four (24) hours prior to performing said work.
J. Requests £or removal or change: The Grantee shall, on the request of any person holding a building moving
permit, temporarily raise or lower its wires to permit the moving of said building. The expense of such temporary
removal, raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall have
the authority to require such payment in advance. The Grantee shall be given not less than ten (10) working days'
notice of any move contemplated to arrange for temporary wire changes.
K. Authority to trim trees: The Grantee may trim trees upon and overhanging streets, alleys, sidewalks and other
pubhc places of the City so as to prevent the branches of such trees from coming in contact with the wires and
cables of the Grantee. No trimming shall be done except under the supervision and direction of the City Forester,
upon the explicit prior written notification and approval of the City Forester and at the expense of the Grantee.
The Grantee may contract for such services; however, any firm or individual so retained shall receive City Forester
approval prior to commencing such activity.
L. Restoration or reiml~ursement: In the event of disturbance of any street or private property by the Grantee, it
shall, at its own expense and in a manner approved by the City and the owner, replace and restore such street or
private property in as good a condition as before the work causing such disturbance was done. In the event the
Grantee fails to perform such replacement or restoration, the City or the owner shall have the right to do so as the
sole expense of the Grantee. Payment to the City or owner for such replacement or restoration shall be immediate,
upon demand, by the Grantee. All requests for replacement or restoring of such streets or private property as may
have been disturbed must be in writing to the Grantee.
Ordinance No. 05-4169
Page 25
M. ~~f~ce and rec~rds in City: The Grantee shall at all times make and keep at an ~f~ce maintained by the Grantee in
the City full and complete plans and records showing the exact location of all cable television system equipment
installed or in use in the streets or other public places of the City. The Grantee shall furnish the City complete
maps upon request, compatible with the City's geographic information system, showing all of the cable television
system equipment installed and in place in streets and other public places of the City. Such maps shall be updated
annually.
N. Emerg~ency removal o£p]ant: If, at any time, in case of fire or disaster in the City, it shall become necessary in the
reasonable judgment of the City to cut or move any of the wires, cables, amplifiers, appliances or appurtenances
thereto of the Grantee, such cutting or moving may be done and any repairs rendered necessary thereby shall be
made by the Grantee, at its sele expense provided that such repairs are not necessitated by neghgent act of the
City, in which case, cost for repairs shall be borne by the City.
O. AIternate routing o£p]ant: In the event continued use of a street is denied to the Grantee by the City for any
reason, the Grantee will make every reasonable effort to provide service over alternate routes.
Sec. 1¢.-4-29: Unauthorized connections or morli¢ieations.
A. Unauthorized connections prohibited: It shall be unlawful for any firm, person, group, company, corporation or
governmental body or agency, without the expressed consent of the Grantee, to make any connection, extension or
division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of a
franchised cable television system for any purpose whatsoever, except as provided in this ordinance.
B. Removal or destruction prohibited: It shall be unlawful for any firm, person, group, company, corporation or
government body or agency to willfully interfere, tamper, remove, obstruct or damage any part, segment or content
of a franchised cable television system for any purpose whatsoever.
Sec. I~.-4-30: Preferential or discriminatory practices prohibited.
A. Prohibited employment practices: The Grantee shall not commit any of the following employment practices and
agrees to prohibit the following practices in any contracts or subcontract entered into or effectuate the operation of
this franchise.
1. To discharge from employment or refuse to hire any individual because of their race, color, religion, creed, sex,
national origin, age, disability, marital status or sexual orientation.
2. To discriminate against any individual in term, conditions or privileges of employment because of their race,
color, religion, creed, sex, national origin, age, disability, marital status or sexual orientation.
The Grantee shall be an Equal Opportunity/ACfqrmative Action Employer adhering to all Federal, State or
municipal laws and regulations. Pursuant to 47 CFR Sec. 76.311 and other applicable regulations of the FCC,
Grantee shall fde an Equal Employment Opportunity/Affirmative Action-Program with the FCC and otherwise
comply with all FCC regulations with respect to Equal Employment/Affirmative Action Opportunities.
B. Employment policy: Grantee shall take affirmative action to employ, during the construction, operation and
maintenance of the cable communications system minorities and females as set forth in the franchise. Upon
request by the City, Grantee shall submit to the City annual reports indicating such compliance.
C. Procurement: For aH services, materials or equipment purchased for the construction, operations or maintenance
of the cable communications system, Grantee shall wherever possible, purchase from competitively priced and
otherwise qualified minority'owned, or female owned businesses located in the City of Iowa City, as set forth in the
franchise.
D. Local employment and procurement practices: Whenever possible, all services, personnel, hardware and suppties
for the construction, maintenance and operation of the system shall be procured locally.
E. Services to be equally available: The Grantee shall not refuse cable television services to any person or
organization who requests such service for lawful purpose, nor shall a Grantee refuse any person or organization
the right to cablecast pursuant to provisions of this article. The Grantee shall not, as to rates, charges, service
facilities, rules, regulations or in any other respect, make or grant any unreasonable preference or advantage, not
subject any person to any prejudice or disadvantage. The Grantee shall take affirmative steps to disseminate the
information concerning the availability of its services to all minority and other under represented groups. This
provision shah not be deemed to prohibit promotional campaigns to stimulate subscription to the system or other
legitimate uses thereof, nor shall it be deemed to prohibit the establishment of a graduated scale of charges and
classified rate schedules to which any customer coming within such classifications shall be entitled, provided such
schedules have been filed with and approved by the City as provided in this ordinance.
F. Fairness o£accessibiIity: The entire system of the Grantee shall be operated in a manner consistent with the
principle of fairness and equal accessibility of its facilities, equipment, channels, studios and other services to all
citizens, businesses, public agencies or other entities having a legitimate use for the system. No one shall be
arbitrarily excluded from its use. Allocation of use of said facilities shall be made according to the rules or
decisions of regulatory agencies affecting the same, and where such rules or decisions are not effective to resolve a
dispute between conflicting users or potential users, the matter shall be submitted for resolution by the Iowa City
Ordinance No. 05-4169
Page 26
Telecommunications Commission.
Sec. 12-4-31: Inst~llations, connections, and other services.
A. Staz~dardJnsta]]ations: Standard installation shall consist of a service not exceeding one hundred fifty (150) feet
from a single point or pedestal attachment to the customer's residence. Service in excess of 150 feet and concealed
wiring shaH be charged at such cost as exceeds normal installation costs. The desire of the Subscriber as to the
point of entry into the residence or commercial establishment and location of pedestal shall be observed whenever
possible. Runs in building interiors shah be as unobtrusive as possible. The Grantee shall use due care in the
process of installation and shall repair any damage to the subscriber's property caused by said installation. Such
restoration shah be undertaken within no more than ten (10) days after the damage is incurred and shall be
completed as soon as possible thereafter.
B. Deposits: Any deposit required by Grantee shall bear interest at the current lending rate.
C. Lockout de~ices: The Grantee shah provide to the potential subscriber, as part of its promotional hterature,
information concerning the availability of a lockout device for use by a subscriber. The lockout device described
herein shall be made available to all subscribers requesting it beginning on the first day that any cable service is
provided.
D. Reconnection: Grantee shall restore service to customers wishing restoration of service provided customer shah
first satisfy any previous obhgations owed.
E. Free disconnection: Subscribers shah have the right to have cable service disconnected without charge. A refund
of unused service charges shall be paid to the customer within sixty (60) days from the date of termination of
service.
F. Downgrade and upgrade Fees: Any downgrade or upgrade fees shall conform with FCC rules.
Sec. 12-4-32: Service calls and complaint procedures.
A. Business o~ce staffing: Grantee shah provide aH subscribers or users with at least thirty (30) days prior written
notice of a change in business office hours. The business office shah maintain a staff adequate to process
complaints, requests for installation, service or repairs, and other business in a timely and efficient manner.
Grantee shah add additional telephone hnes and service representatives when existing hnes are substantially
utilized or when a pattern of subscriber complaints reflect a need for additional service employees. Additional
offices and payment stations provided by the Grantee shall be included in the franchise.
B. Telephone service: The Grantee shah have a listed, locally-staffed telephone number for service calls available
twenty-four'(24) hours a day, seven (7) days a week. Said number shah be made available to subscribers and the
general pubhc. The Grantee shall provide an unhsted locally'staffed telephone number to the City and utility
companies to enable the City or utility companies to reach the Grantee in case of emergency on a 24-hour,
7-days-a-week basis.
C. Grantee rules: The Grantee shah prepare and file with the City copies of aH of its rules and regulations in
connection with the handhng of inquiries, requests and complaints. The Grantee shaH, by appropriate means,
such as a card or brochure, furnish information concerning the procedures for making inquiries or complaints,
including the name, address and local telephone number of the employee or employees or agent to whom such
inquiries or complaints are to be addressed, and furnish information concerning the City office responsible for the
administration of the franchise, including, but not hmited to, the address and telephone number of said office.
D. Equipment service: The Grantee shall service or replace without charge all equipment provided by it to the
subscriber, provided, however, that the Grantee may charge a subscriber for service to or replacement of any
equipment damaged due to negligence of such subscriber.
E. Subscriber solicitation: Grantee shah provide the City with a list of names and addresses of aH representatives
who will be sohciting within the City and the area in and the dates within such sohcitations shall take place. Each
such representative and all other employees entering upon private property shah be required to wear an employee
identification card issued by Grantee and bearing a picture of said representative. Grantee shah notify the general
public of its sohcitation in a manner calculated to reach residents in the areas to be sohcited in advance of such
solicitation.
F. SaIes information: Grantee shah provide to aH subscribers annually and aH prospective subscribers or users with
complete written information concerning all services and rates provided by Grantee upon solicitation of service and
prior to consummation of any agreement for installation of service. Such sales material shah clearly and
conspicuously disclose the price and other information concerning Grantee's least costly service. Such information
shah be written in plain Enghsh and shah include but shah not be limited to the following: aH services, tiers, and
rates; deposits if applicable; installation costs; additional television set charges; service upgrade or downgrade
charges; lockout devices; and information concerning the utilization of video cassette recorders (VCRs) with cable
service(s) and the cost for hooking up such VCRs so that they function as manufactured.
G. Billing practices information: Grantee shall inform aH subscribers annually and aH prospective subscribers or
users of complete information respecting billing and collection procedures, procedures for ordering changes in or
Ordinance No. 05-4169
Page 27
termination of services, and refund policies, upon solicitation of service and prior to the consummation of any
agreement for installation of service. Such information shall be written in plain English.
H. Notice o£comp]aJnt procedures: Grantee shall periodically, and at various times of the day, present its business
office address and publicly hsted local telephone number by means of alpha-numeric display on a local origination
channel.
I. ~rnvestigation ,~nd remedial action: For recurrent complaints regarding service deficiencies (other than total or
partial loss of service, such as ghosting, weak audio signal, distortion, and the like), the Cable Television
Administrator may require the Grantee to investigate and report to the causes and cures thereof, and the Cable
Television Administrator may also conduct an investigation. Thereafter, the Cable Television Administrator may
order specified remedial action to be taken within reasonably feasible time limits. If such action is not taken, or is
ineffective, or if within thirty (30) days the Grantee ides with the City a notice of objection to the order, the City
may conduct a hearing and may, if the evidence warrants a finding of fault on the part of the Grantee, take
appropriate action pursuant to the terms of this ordinance.
Sec. 12-4-33: Transfer.
A. Tr~t~s£er o££r~nct~ise: A franchise shall not be assigned or transferred, either in whole or in part, or leased, sublet,
or mortgaged in any manner, nor shah title to the cable system, legal or equitable, or any right, interest or
property therein, pass to or vest in any person Without the prior written consent of the City, such consent not to be
unreasonably withheld. Except that no consent shall be required for any sale, transfer, or assignment of
ownership to an affihate under common control with Grantee, provided that prior to such transfer, Grantee
provides to the City verifiable information to establish that such transferee has the financial, legal and technical
ability to fully perform all obhgations of the franchise. No such consent shall be required, however, for a transfer
by mortgage to a federally hcensed lending institution in order to secure indebtedness. Within thirty (30) days of
receiving the request for transfer, the franchising authority shall, in accordance with FCC rules and regulations,
notify the Grantee in writing of the information it requires to determine the legal, financial and technical
qualifications of the transferee. If the franchising authority has not taken action on the Grantee's request for
transfer within one hundred twenty (120) days after receiving such requested information, consent by the
franchising authority shall be deemed given.
B. Transfer o£ownership: The Grantee shall not sell, transfer or dispose of thirty percent (30%) or greater ownership
interest in the Grantee or more at one time of the ownership or controlhng interest in the system, or thirty percent
(30%) cumulatively over the term of the franchise of such interests to a corporation, partnership, limited
partnership, trust or association, or person or group of persons acting in concert without the consent of City. Every
sale, transfer, or disposition of thirty percent (30%) or greater ownership interest as specified above in the Grantee
shall make the franchise subject to cancellation unless and until the City shall have consented thereto.
C. Transfer of control: The Grantee shall not change control of the Grantee in whatever manner exercised without
the prior written consent of the City.
D. City approval: Every change, transfer, or acquisition of control of the Grantee shall make the franchise subject to
cancellation unless and until the City shall have consented thereto. For the purpose of determining whether it
shall consent to such change, transfer, or acquisition of control, the City may inquire into the legal, financial,
character, technical and other pubhc interest qualifications of the prospective transferee or controlling party, and
the Grantee shall provide the City with all required information. The City reserves the right to impose certain
conditions on the transferee as a condition of the franchise to ensure that the transferee is able to meet existing
ordinance and franchise requirements.
E. Assumption o£control: Any financial institution having a pledge of the franchise or its assets for the advancement
of money for the construction and/or operation of the franchise shall have the right to notify the City that it will
take control and operate the cable television system. If the financial institution takes possession of the cable
communications system the City shall take no action to effect a termination of the franchise without first giving to
the financial institution written notice thereof and a period of six (6) months thereafter (unless otherwise provided
herein below) (i) to allow the financial institution or its agent(s) to continue operating as the Grantee under the
franchise and; (ii) to request the City, and for the City to determine whether, to consent to the assignment of the
Grantee's rights, title, interest and obhgations under the franchise to a quahfied operator. The City acknowledges
that in order for the financial institution to reahze upon the collateral accorded to it by the loan documents, the
financial institution must be entitled to a reasonable period of time after taking possession of the franchise under
the loan document to obtain the City's consent to an assignment of the franchise to a quahfied operator. The City
agrees that such reasonable period of time is six (6) months after the financial institution takes possession of the
cable communication system and, further, agrees that the City shall use its best efforts to decide upon the
assignment of the franchise to the new operator proposed by the financial institution within such period of time.
The financial institution shall be entitled to such possession and other rights granted under this paragraph until
such time that the City determines whether to consent to such assignment (the extended time). If the City finds
Ordinance No. 05-4169
Page 28
that such transfer, after considering the legal, financial, character, technical and other pubhc interest
qualifications of the applicant are satisfactory, the City will consent to the transfer and assign the rights and
obligations of such franchise as in the public interest. During the six (6) month period or extended time, the finan-
cial institution shall enjoy all the rights, benefits and privileges of the Grantee under the franchise, and the City
shall not disturb such possession by the financial institution, provided the £mancial institution comphes in all
respects with the terms and provisions of the franchise and this ordinance. The various rights granted to the
financial institution under this paragraph are contingent upon the financial institution's continuous compliance
with the terms and provisions of this ordinance and the franchise during the entire aforementioned six (6) month
period or extended time, if applicable. For example, should an agent of the financial institution take possession of
the cable communication system pursuant to rights granted to the financial institution under this paragraph, and
such agent fails to comply with the level of service requirements set forth in this ordinance or the franchise, the
rights granted to the financial institution under this ordinance and the franchise shall automatically terminate.
F. No waiver of City property rights: The consent or approval of the City or any other pubhc entity to any transfer of
the Grantee shall not constitute a waiver or release of the rights of the City in and to the public property or public
rights of way, and any transfer shall, by its terms, be expressly subordinate to the terms and conditions of this
ordinance and the franchise.
G. Transfer time periods: In the absence of extraordinary circumstances, the City will not approve any transfer or
assignment of the franchise prior to construction or the completion of the rebuild of the system. Subject to the
conditions of Section 617 of the Cable Act, the City shall not approve a transfer if the Grantee has not held the
franchise for a period of three years.
H. Right to review purchase price: Based upon public information, the City reserves the right to review the purchase
price of any transfer or assignment of the cable system.
I. Signatory requirement: Any approval by the City of transfer of ownership or control shall be contingent upon the
prospective party becoming a signatory to the franchise agreement.
Sec. 12-4-34: Publication costs.
The Grantee shall assume the cost of publication of the franchise ordinance as such pubhcation is required by law.
A bill for the publication costs shall be presented to the Grantee by the City upon the Grantee's filing of acceptance and
shall be paid at that time.
Sec. 12-4'35: Ordinances repealed. ·
All ordinances are parts of ordinances in conflict with the provisions of this article are hereby repealed.
Sec. 12-4-36: Separability.
If any section, subsection, sentence, clause, phrase or word of this article is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase or word shall
be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining
portions hereof.
Sec. 12-4-37: Time is of the essence to this ordinance.
Whenever the ordinance shall set forth any time for any act to be performed by or on behalf of the Grantee, such
time shall be deemed by the essence any failure of the Grantee to perform within the time allotted shall always be
sufficient ground for the City to invoke an appropriate penalty including possible revocation of the franchise.
Sec. 12-4-38: No waiver of rights.
No course of dealing between the Grantee and the City nor any delay on the part of the City in exercising any
rights hereunder shall operate as a waiver of any such rights of the City or acquiescence in the actions of the Grantee in
contravention of rights except to the extent expressly waived by the City or expressly provided for in the franchise.
DIVISION 2. RATE REGULATIONS
Sec. 12-4-39: Rate regulation proceedings.
Any rate regulation proceedings conducted under this division shall be in accordance with FCC rate regulations.
A. In the course of the rate regulation proceeding, the City may request additional information from the cable
operator that is reasonably necessary to determine the reasonableness of the basic service tier rates and equip-
ment charges. Any such additional information submitted to the City shall be verified by an appropriate official of
the cable television system supervising the preparation of the response on behalf of the entity, and submitted by
way of affidavit or under penalty of perjury, stating that the response is true and accurate to the best of that
person's knowledge, information and belief formed after reasonable inquiry. The City may request proprietary
information, provided that the City shall consider a timely request from the cable operator that said proprietary
information shall not be made available for public information, consistent with the procedures set forth in section
0.459 of the FCC rules and regulations.
Ordinance No. 05-4169
Page 29
Furthermore, said proprietary information may be used only for the purpose of determining the reasonableness of
the rates and charges or the appropriate rate level submitted by the cable operator. The City may exercise all
powers under the laws of evidence applicable to administrative proceedings under the laws of the state to discover
any information relevant to the rate regulation proceeding, including, but not limited to, subpoena, interrogatories,
production of documents and depositions.
B. Upon termination of the rate regulation proceeding, the City shall adopt and release a written decision whether
the rates or proposed rate increase are reasonable or unreasonable, and, ff unreasonable, its remedy, including
prospective rate reduction, rate prescription and refunds.
C. The City may not impose any fmes, penalties, forfeitures or other sanctions, other than permitted by the FCC rules
and regulations, for charging an unreasonable rate or proposing an unreasonable rate increase. However, the City
may impose fines or monetary forfeitures on a cable operator that does not comply with a rate decision or refund
order of the City, directed specifically at the cable operator, pursuant to the laws of the state and the City Code.
D. Consistent with the FCC rules and regulations, the City's decision may be reviewed only by the FCC.
E. The City shall be authorized, at any time, to gather information as necessary to exercise its jurisdiction as
authorized by the laws of the state, the Cable Act, and the FCC rules and regulations. Any information submitted
to the City shall be verified by an appropriate official of the cable television system supervising the preparation of
the response on behalf of the entity, and submitted by way of affidavit or under penalty of perjury, stating that the
response is true and accurate to the best of that person's knowledge, information and behef formed after reason-
able inquiry.
Sec. 12-4-40: Certification.
The City shall file with the FCC the required certification as necessary.
Sec. 12-4-41: Notification of changes.
With regard to the cable programming service tier, as defined by the Cable Act and the FCC rules and regulations,
and over which the City is not empowered to exercise rate regulation, the cable operator shall give notice to the City of
any change in rates for the cable programming service tier or tiers, any change in the charge for equipment required to
receive the tier or tiers, and any changes in the nature of the 'services provided, including the program services included
in the tier or tiers. Said notice shall be provided to the City at least thirty (30) business days prior to any change
becoming effective.
Sec. 12-4-42: Cable official.
The City may delegate its power to enforce this division to the Iowa City Telecommunications Commission or to
employees or officers of the City, to be known as the cable official. The cable official shall have authority to:
A. Administer oaths and affirmations;
B. Issue subpoenas;
C. Examine witnesses;
D. Rule upon questions of evidence;
E. Take or cause depositions to be taken;
F. Conduct proceedings in accordance with this division;
G. Hold conferences for the settlement or simplification of the issues by consent of the parties; and
H. Take actions and make decisions or recommend decisions in conformity with this division.
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 invahd or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication,
as provided by law.
~/~d approved this ~h dayof J, ly ,2005.
ATTEST:/1~4,e,~.2 X~.
CITY CLERK
Approve~t k~ ~ -
City Attorney's Office
Ordinance No. 05-4169
Page 30
cabletv\enablJng.doc
It was moved by Champion and seconded by Wilburn that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
. × Bailey
× Champion
x Elliott
x Lehman
X O'Donnell
x Vanderhoef
× Wilburn
First Consideration 6/7/05
Voteforpassage: AYES: Champion, Elliott, O'Donnell, Vanderhoef, Wilburn.
NAYS: None. ABSENT: Lehman.
Second Consideration. 6/21/05
Voteforpassage: AYES: Champion, Elliott', Lehman, O'Donnell, Wilburn, Bailey.
NAYS: None. ABSENT: Vanderhoe f.
Date published 7/13/05