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HomeMy WebLinkAbout2000-02-15 OrdinanceMarian Karr From: B ETKETCH@aol .com Sent: Wednesday, February 02, 2000 7:56 AM To: council@iowa-city.org Subject: Mercy building proposal I was impressed with the Mercy presentation made at the Council meeting on 2/2/00. I am concerned about some of the discussion among Council concerning health care. It is obvious to me that further education is necessary. As a person who has encountered health problems over the years, I can tell you that more, not fewer, physicians may be needed in Iowa City. It is almost impossible to see a physician as quickly as the patient may feel necessary. A friend recently had a severe upper respiratory infection and waited 3 days for an appointment. Last fall, after a back injury, I waited several weeks for an appointment with an orthopedist. This was in the private sector; the wait is even longer at UIHC. The alternative is to use the emergency room facilities at one of the two hospitals. Doing so increases the costs for health care and reduces the patient satisfaction. Continuity of care is essential in my mind. For Mr. Kanner's benefit, I believe both UIHC and Mercy Hospital each year provide a considerable amount of care without payment. The difference is that UIHC does receive some state tax money to assist in its operation. I would expect that is not the case for Mercy Hospital. I know of no medical practice, in Iowa City or elsewhere, that advertises they will see patients without charge. We all know, however, there must be cases where this happens simply because some patients cannot pay the bill after being served. I'm sure that is no different than the business world in general. My physician has told me that he is not allowed by federal medicare guidelines to provide services without fees. If he did that for one person, he would be required to do it for everyone served, not just the needy. I thank you for your attention to the Mercy presentation and appreciate your careful consideration of this request. I feel even more convinced now that the proposed clinic building will be a good addition to the east Iowa City region and encourage your approval. By the way, I do not receive my medical care at this clinic. For your record: Betty Ketchum 2929 Cornell Avenue Iowa City, IA 52245 Phone: 319-338-8101 January 25, 2000 CITY MANAGER'S OFFICE Dear Iowa City Councilor, I am writing to ask your support for the change in zoning from CN-1 to CO- l for Lot 2 First and Rochester as requested by Mercy Hospital. This change will allow Iowa City Family Practice to relocate to a new facility while maintaining the presence it has had on the East Side of Iowa City for over eleven years. This request is predicated on three main items: · The proposed development is supportive of the community and meets the intent of CN- 1. · Medical offices are a permitted use under CN-1. A developer could build a 24,000 square foot building with multiple offices under CN-1, provided that each office is limited to 2,400 square feet. Mercy's proposal is for a two-level building of approximately 20,000 square feet (10,000 on each level). Due to the slope of the lot, a two-level building makes the most economic sense. Iowa City Family Practice would be on the main level, and the use of the lower level is undetermined at this time. · The City Planning Staff and the residential and commercial neighbors support Mercy's proposal. There has been no public opposition. In your upcoming deliberations, please support Mercy's CO-1 rezoning request. Sincerely, Marian Karr From: Gloria Kottick [gkottick@juno.com] Sent: Sunday, February 06, 2000 11:48 AM To: council@iowa-city.org Subject: Relocation of Iowa City Family Practice TO: Members, Iowa City City Council: Connie Champion; Steven Kanner; Ernest W. Lehman, Mayor; Mike O'Donnell, Mayor Pro Tem; Irvin Pfab; Dee Vanderhoef; Ross Wilburn As residents of the East Side of Iowa City, we would like to add our voice to those who support the change in zoning from CN-1 to CO-1 for Lot 2 First and Rochester as requested by Mercy Hospital. We welcome the relocation of Iowa City Family Practice to our part of town and feel its presence will be an asset to the neighborhood. We are asking that you support Mercy's CO-1 rezoning request. Thank you. Sincerely, Gloria and Edward Kottick 502 Larch Lane Iowa City, IA 52245 gkottick@juno.com; edward-kottick®uiowa.edu YOU'RE PAYING TOO MUCH FOR THE INTERNET! Juno now offers FREE Internet Access[ Try it today - there's no risk! For your FREE software, visit: http://dl.www.juno.com/get/tagj. Marian Karr From: Ruth M Switzer [erswit@juno.com] Sent: Monday, February 07, 2000 12:25 PM To: cou n cil@ iowa-city.org Subject: Mercy Hospital Rezoning Request Dear Iowa City Councilor, I am writing to ask your support for the change in zoning from CN-1 to CO-1 for Lot 2 First and Rochester as requested by Mercy Hospital. This change will allow Iowa City Family Practice to relocate to a new facility while maintaining the presence it has had on the East Side of Iowa City for over eleven years. This request is predicated on three main items: * The proposed development is supportive of the community and meets the intent of CN-1. * Medical offices are a permitted use under CN-1. A developer could build a 24,000 square foot building with multiple offices under CN-1, provided that each office is limited to 2,400 square feet. Mercy;s proposal is for a two-level bulding of aproximately 20,000 square feet. Mercy's proposal is for a two-level bulding of approximately 20,000 feet (10,000 on each level). Due to the slope of the lot, a two-level building makes the most economic sense. Iowa City Family Practice would be on the main level, and the use of the lower level is undetermined at this time. * The City Planning Staff and the residential and commercial neighbors support Mercy's proposal. There has been no public opposition. The City Council is supportive of developing the North Corridor. Building the Family Practice Offices in this location could increase the possible success of such a far- reaching development. In your upcoming deliberations, please support Mercy's CO-1 rezoning request. Sincerely, Ruth M. Switzer (Mrs. Evert E. Switzer) 646 S. Lucas St. Iowa City, Ia. 52240 Marian Karr From: Jlrwin923@aol.com Sent: Monday, February 07, 2000 10:59 AM To: council@iowa-city.org Subject: Zoning change at First and Rochester Avenues February 7, 2000 Dear Iowa City Council Members, I am writing to ask that you support the zoning change from CN-1 to CO-1 for Lot 2 at First and Rochester Avenues as requested by Iowa City Mercy Hospital. This change would allow the Iowa City Family Practice Clinic to relocate to a new facility (which they badly need) and still maintain their presence on the East Side of Iowa City. The City Planning Staff and the residential and commercial neighbors support Mercy's proposal, and there has been no public opposition. We would like to see this medical facility remain on the East side of Iowa City instead of joining the exodus to Coralville. Please support Mercy's CO-1 rezoning request. Sincerely, Betty Irwin 10 South First Avenue Iowa City, Iowa 52245 337-4740 E-Mail--JIrwin923@aol.com Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. 00_~J91_2 ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING REGULATIONS OF APPROXIMATELY 13.26 ACRES FROM LOW DENSITY MULTI-FAMILY RESIDENTIAL (RM-12)AND MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8), TO PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-811.47 ACRES AND OPDH-12/11.79 ACRES), AND APPROVING A PRELIMINARY OPDH PLAN FOR A 98-UNIT RESIDENTIAL DEVELOPMENT FOR PROPERTY LOCATED ON THE NORTH SIDE OF COURT STREET AT ITS EASTERN TERMINUS. WHEREAS, the applicant, Arlington, L.C., is owner and legal title holder of approximately 13.26 acres of property located on the north side of Court Street at its eastern terminus; and WHEREAS, the applicant has requested the rezoning of approximately 13.26 acres from Low Density Multi-Family Residential (RM-12) and Medium Density Single-Family Residential (RS-8), to Planned Development Housing Overlay (OPDH-8/1.47 acres and OPDH-12/11.79 acres), and approval of a preliminary OPDH plan to allow a 98-unit residential development; and WHEREAS, the Planning and Zoning Commission has determined that the proposed rezoning is in conformance with the Comprehensive Plan, and that the proposed preliminary OPDH plan is in technical compliance with all applicable provisions of the City Code. SECTION I. APPROVAL. The property described below is hereby rezoned as follows: a. The following described property is hereby reclassified from its current designation of RM- 12 to OPDH-12: BEGINNING AT THE NORTHWEST CORNER OF WINDSOR RIDGE - PART TWELVE, IOWA CITY, IOWA IN ACCORDANCE WITH THE RECORDED PLAT THEREOF; THENCE N00°29'01"W, 248.51 FEET; THENCE N22°33'33"E, 676.33 FEET; THENCE S64°22'53"E, 339.35 FEET; THENCE Ordinance No. 00-3912 Page 2 NORTHWESTERLY, 76.76 FEET, ALONG A 120.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 75.46 FOOT CHORD BEARS N01°20'50"W, THENCE N70°19'37"W, 60.00 FEET; THENCE SOUTHEASTERLY 33.11 FEET, ALONG A 25.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 30.74 FOOT CHORD BEARS N57°36'53"E, THENCE N84°26'38"E, 23.43 FEET; THENCE NORTHEASTERLY, 62.25 FEET, ALONG A 125.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 61.61 FOOT CHORD BEARS N70°10'38"E; THENCE N55°54'39"E, 44.17 FEET; THENCE S00°29'08"E, 775.77 FEET; THENCE SOUTHWESTERLY, 598.87 FEET, ALONG A 2926.05 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 597.83 FOOT CHORD S85°33'18"W, THENCE S79°41'30"W, 175.27 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 11.79 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. b. The following described property is hereby reclassified from its current designation of OPDH-8: COMMENCING AT THE NORTHWEST CORNER OF WINDSOR RIDGE - PART TWELVE, IOWA CITY, IOWA IN ACCORDANCE WITH THE RECORDED PLAT THEREOF; THENCE N00°29'01 "W, 248.51 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING N00°29'01"W, 330.02 FEET; THENCE N22°33'33"E, 317.69 FEET; THENCE N09°30'59"E, 140.38 FEET; THENCE S22°33'33"W, 676.33 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 1.47 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 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 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 No. 00-3912 Page 3 ordinance 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 IV. REPEALER. All ordinances and pads of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or pad of this 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 VI. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this 15th day of Fe ~'y ,20~~7 · Ordinance No. 00-3912 Page 4 It was moved by Vanderhoef and seconded by 0' Donnel 1 that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: X Champion Kanner X X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 271100 Voteforpassage: AYES: Pfab, Vanderhoef, Wilburn, Champion, Kanner, Lehman, 0'Donnell. NAYS: None. ABSENT: None. Second Consideration ........ Vote for passage: Date published 2/23/00 Moved by Vanderhoef, seconded by O'Donnell,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. AYES: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. NAYS: Kanner. ABSENT: None. : Arlington LC · 2346 Mormon Trek BIvo. : Iowa City, IA. 52246 Arlington LC February 7, 2000 City Council, City of Iowa City RE: Expedited consideration of the zoning request for Part 15, Windsor Ridge To Whom it May Concern: We are formally asking for expedited consideration of our zoning request for Part 15, Windsor Ridge. The reason for our request is that meetings we're cancelled in late December and early January that delayed public hearings regarding this matter. Sincere , Arlington LC, Member Excellence is not an Act, but a Habit Prepared by: Scott Kugler, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 00-3913 AN ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING DESIGNATION FROM PLANNED HIGH DENSITY RESIDENTIAL MULTI-FAMILY (PRM) TO SENSITIVE AREAS OVERLAY (OSA-PRM) AND APPROVING A PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN FOR 12,066 SQUARE FEET LOCATED AT 522 S. DUBUQUE STREET. WHEREAS, the property owner, AUR Management (c/o Jeff Clark), has requested a zone change from PRM to OSA-PRM and approval of a preliminary sensitive areas development plan for property located at 522 Dubuque Street; and WHEREAS, the subject property contains "altered protected" and "critical" slopes as defined by the Sensitive Areas Ordinance; and WHEREAS, the proposed preliminary sensitive areas development plan is in technical compliance with all applicable provisions of the City Code, including the Sensitive Areas Ordinance, with the exception of a requested variation to allow modification to the required front yard; and WHEREAS, the requested modification to the required front yard is consistent with surrounding properties and the intent of the Sensitive Areas Ordinance and PRM zone; and WHEREAS, the Planning and Zoning Commission has reviewed this proposed zone change and has recommended approval. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT. Property described below is hereby reclassified from its present classification of PRM to OSA-PRM: Lot 6, County Seat Addition to Iowa City, Iowa, in accordance with the recorded plat thereof. SECTION II. VARIATION. The following variation from the requirements of the PRM zone is herein approved as part of the preliminary sensitive areas development plan: A modification of the required 20-foot front yard to .99 feet for the proposed front porch and to 6 feet for the proposed building. SECTION II1. 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 Ordinance No. 00-3913 Page 2 amendment upon final passage, approval, and publication of this ordinance as provided by law. SECTION IV. REPEALER. All ordinances and pads 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 DATE. This Ordi- nance shall be in effect after its final passage, approv- al and publication, as provided by law. Passed and approved this 15 day of City A~t ppdadmin~ord~522dub.doc Ordinance No. 00-3913 Page 3 It was moved by Wi 1 burn and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: X Champion Kanner X X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 2/1/00 Vote for passage: AYES: Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell, Pfab. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 2/23/00 Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered 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. AYES: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell, Pfab. NAYS: Kanner, ABSENT: None. 02-t5-00 ~ 6f January 28, 2000 To: Members of the lowa City Planning Development Staff and Council: Re: Expedited Consideration on 522 S. Dubuque St. 1 am writing this letter to request an expedited consideration for the second and third vote on the rezoning of 522 South Dubuque Street on February 15, 2000. Due to the previous holiday delays and the shormess of the building season, this extra time you will give me to construct this complex is necessary. I greatly appreciate your help in expediting this matter. Thank you, AN ORDINANCE AMENDING SECTION 14, CHAPTER 5, ARTICLE C, OF THE IOWA CITY COl: ADOPTING THE 1999 EDITION OF THE NATIONAL ELECTRICAL CODE, 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, APPLIANCE AND APPURTENANCES IN CONNECTION WITH VARIOUS ELECTRICAL SYSTEMS; PROVIDING OR THE ISSUANCE OF PERMITS AND INSPECTION OF ELECTRICAL INSTALLATIONS AND TH COLLECTION OF FEES; AND PROVIDING PENALTIES FOR VIOLATIONS. Be it enacted by the Council f the City of Iowa City, Iowa: SECTION I. SHORT TITLE. his ordinance shall be known as the Iowa City Electrical Code, or Electrical Code, and may be so cited. SECT. ION II. PURPOSE. Th pu.rpose of this o. rdinanc. e is to ad. opt the 1.99.9 edition of the Nation.al I City, Iowa; and to provide for its !nt. SECTION III. Scope. This ~hall apply to and govern electrical work, as defi~in the Electrical Code, including the practice, fixtures used in the installation, mainte extension and alteration of all piping, fixtures, a appurtenances in connection with an the following: wiring or piping on public or private electrical within or on any building or and the practice and materials used in the installation, ance, extension or alteration of systems, to connect with any point of public or private structure. SECTION IV. Adoption of Electrical Code .ns 14-5C-1 through 14-5 of the Code of Ordinances of the City of Iowa City is hereby repealed and following new secti, 14-5C-1 through 14-5C-28 are enacted in lieu thereof. SEC. 14-5C-1. CODE-ADOPTED. Subject to ~e amendmen in Section 14-5C-2 below, Chapters I through 9 of the 1999 Edition of the ~1 Electrica are hereby adopted. SEC. 14-5C-2. AMENDMENTS. The electrical code adopted by Section 14-5C-1 is hereby amended as follows: Article 100. Paragraph A. is amended by deleting of "approved" and adding the following definitions: Approved, as to materials, equipment and method iction, refers to approval by the Building Official as the result of an investigation and test condue Building Official, or by reason of accepted principles or tests by recognized authorities, tecbor organizations. Approved agency is an established and ]nized engaged in conducting tests or furnishing inspection services, when the age' has been a by the Building Official. Building Cede is the Uniform Building promulgated by Intemational Conference of Building Officials, as adopted by this jurisdiction. Building Official is the officer g the administration ~nforcement of this Code, or a duly authorized representative, and is the having jurisdiction for s ode. Official. Electrical code is the Natio I Electrical Code promulgated by the National ire Protection Association, as adopted by this jurisdiction. Electrical work is all ses, installations, alterations, repairs, removals, r lacemerits, connections, discon. n.ection and m !in .nance of all premises wiring systems. . . . . Electrician, journ ) ~an is any properly licensed person who is allowed to peffor electrical work only under the super' io~ ~ of a licensed master electrician. Electrician, mte~ ance is any properly licensed person who is a regular employee of manufacturing or · .... group of bL ~2~er is any properly licensed person who unde~akes plan for, layout, or perform electrical work with or without compensation. Multi~ occupancy building is a building having more than one tenant and may be a single or m use groul by the Building Code. .- pu~ose for which a building, or pa~ thereof, is used or is intended to be used. 100. Paragraph A. is fu~her amended by deleting the definition of "Wet Location" under the "'Location." and inse~ing a new definition of "Wet Location" under the heading '"Location" to read follows: 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 3 ~. (914mm) horizontally and 8 ft. (2,44mm) vertically from the rim and or thresholds of all tubs and or showers will be ipcluded. This zone is all encompassing and includes the zone directly over these types of installations. Section 110-26 (c). entitled Access and Entrance to Working Space. is amended g the first two paragraphs to read as follows: At least one of sufficient area shall be provided to give access to the space about electric equipment, For equipment rated amperes or more and over 6 ft (1.83 m) wide overcurrent devices, switching s, or control devices, there shall be less than 24 in. (610 mm) wide and 6'~ ft (1.98 m) h at each end of the working space. In all ca,, an access shall be provided to these areas which is enough to accommodate the removal of t largest piece of equipment contained in that area. Section 110-26 (f)(1)(a). Dedicated Electrical Space. is to read as follows: The space equal to the width and depth e equipment and extending to a height of 10 ~ (1.83 m) above the equipment or to the ctural ceiling, whichever is shall be dedicated to the electrical installation. No piping, ducts, or ec ~ment foreign to the ele~ installation shall be located in this ZORe. Section 210-8(a)(7). entitled Wet Ba ;inks. is amended to as follows: Where the receptacles are located within 6 ft (1.83 m) of the edge of wet bar laundry sinks, mop sinks and or of the like. Receptacle outlets shall not be led in a face-u in the work surfaces or countertops. Section 210-11 (c)(3). entitled Bathroom ~s amended by amending the exception contained therein to read as follows: lion: Whe Ihe 20-ampere circuit supplies a single bathroom, outlets for other equipment with shall be permitted to be supplied in accordance with Section 210-23(a), a minimum of one lighting outlet that is supplied by a separate circuit other than the bathroom rving that bathroom. Section 210-12. entitled Arc-Fault Protection, is hereby deleted. Section 210-52 (a)(2), entitled Wall Space. is h~ :by amended to read as follows: As used in this section, a wall space shall include the following: a. Any space 2 ~ (610 mm) or more in width ng space measured around corners) and unbroken along the floor line by doorways, fireplaces, lar openings; b. The space occupied by fixed panels in ~, excluding sliding panels; c. The space afforded by fixed room divi< such bar-type counters or railings. Exception: Those railings that are as a for hallways or walkways which are of the open type railing. Section 210-52 (c)(2). entitled Island ~Ounter Spaces. is f amended to read as follows: Receptacle outlets may be installed at each isla,~'d counter space request of the customer. Section 210-52 (c)(3). entitled Peninsular Counter Spaces. amended by amending the first paragraph to read as follows: At least two du,~lex receptacle outlets be installed at the wall where the peninsular counter space intersects the structural wall. A ,p is measured from the connecting edge. Section 210-52 (d), entitled Bathrooms. is amended to read as fows: In dwelling units, at least one wall receptacle outlet shall be installed in bathrooms within 36 in. (914 m) of the outside edge of each basin. The receptacle outlet shall be located on a wall that is adjacent to t basin area, and above the rim of the basin. See Section 210-8(a)(1 ). Receptacle outlet(s) shall not be ' stalled in a face up position in the work surfaces or countertops in a bathroom basin location. Section 210-52 (h). entitled Hallways. is hereby amended to read as fows: In all single and multifamily dwelling units, hallways of 10 ft (3.05 m) or more in length, or 30 or mor square feet, shall have at least one duplex receptacle outlet installed. For common corridors, hallways a d exit accesses of multifamily dwellings, no point along this hallway shall be further than 15 feet from any e receptacle. As used in this subsection, the hall length shall be considered the length alon the centerline of the hall without passing through a doorway. A new Section 210-52 (i). entitled Water Conditioning Equipment. is hereby adde In dwelling units, a receptacle for the water conditioning equipment shall be installed. It shall be install within a 6' zone, and in the same room, of where the said equipment is normally set. Section 210-70 !a)(1). entitled Habitable. Rooms. is hereby amended b.y amend. ing.the t para.graph to 5 foot measurement shall be measured from the doors edge. Section 220-3 (b)(7). entitled Show Windows. is hereby amended to read as follows: Show windows shall be computed in accordance with either (a) or (b) and the largest computed load shall be used. Section 225-19 (d). entitled Final Spans. is hereby amended by amending the first paragraph to read as follows: 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, but they shall be kept not less than 3 ft (914 mm) from windows that are designed to be opened, doors, porches, balconies, ladders, stairs, fire ~es, or similar locations. Vertical clearance of final spans above, or within 3 ft (914 mm) y of, platforms, projections, and walking/and or sitting surfaces of a nominal 6" board width r wider or any t the first paragraph to re~,d as follows: Service conductors installed as open conductors or m without an outer jacket shall have a clearance of not less than 3 ft (914 windows that are designed to opened, doors, porches, balconies, ladders, stairs, fire escap or similar locations. Vertical clearance final spans above, or within 3 ft (914 mm) measured of, platforms, projections, and ng/and or sitting surfaces of a nominal 6" board width or or any other surface from which they mi! reached shall be maintained in accordance with S 230-24(b). Section 230-50. Protection of Open Conductors and Cables Again e -- Above Ground, is hereby amended to ~d as follows: Service-entrance installed above ground shall be protected damage as specified in (a) or (b). (a) Service Cables. cables, where subject to physical dam~ shall be protected by any of the following: 1. Rigid metal conduit 2. Intermediate metal conduit 3. Electrical metallic tubing 4. Other approved means (b) Other than Service Cable. /idual open conductors cables other than service cables shall not be installed within 10 ft (3.05 of grade level exposed to physical damage. Exception: Type MI and Type MC , shaft be within 10 ft (3.05 m) of grade level where not exposed to physical damage , protected in ace with Section 300~5(d). Exception: Rigid nonmetallic for th~ shaft be accepted in exposed installations in lengths of less than 6 feet total Section 230-79. entitled Rating of Means. is hereby amended to read as follows: The service disconnecting means shall not less than the load to be carried, determined in accordance With Article 220. In no case s be lower than specified in (a), (b), (c), or (d). (a)One-Circuit Installation. For installatio supply only limited loads of a single branch circuit, the service disconnecting means shall have a g of not less than 15 amperes. (b) Two-Circuit Installations. For installati< consisting of not more than two 2-wire branch circuits, the service disconnecting means shall have a of not less than 30 amperes. (c) One-Family Dwelling. Shall be sizec ~to the following: (1) RPD-1 Service: For a dwelling, and single dwelling units located in a multi- family dwelling ve up to 2500 square feet of finished floor space or space that could be fin ,ed shall a minimum 100 amp rated overcurrent protection device. The service shall be sized in accordance with Table 310- 16. (2) RPD-2 Service: Fo~ single family ;lling, and single dwelling units located in a multi- family dwelling which have to 5000 square feet of finished floor space or space that could finished shall have minimum 200 amp rated overcurrent protection device. The cone supplying this shall be sized in accordance with Table 310- 16. (3) RPD-3 For a single family which has more than 5000 square feet of finished floor or space that could be shed shall have a minimum 400 amp rated overcurrent device. The conductor supplying this service shall be sized in Table310-15 (b)(6). (Exception: dwelling units located in a dwelling structure with provisions for gas only (ranges, dryers, and heating) 7all have a minimum of a 60 amp rated main !ction device. The conductors this feeder panel shaft be sized in Table 310-16. Section 250-56. e~ Resistance of Made Electrodes. is hereby nded to read as follows: A single electrode of a rod, pipe, or plate that does not have a round of 25 ohms or less shall be augme by one additional electrode of any of the types in Sections 250-50 or 250- 52. Where mL pie rod, pipe, or plate electrodes are installed to meet the uirements of this section, they shall not be less than 6 ft (1.83 m) apart. 4 Notwithstanding the above, single ground rod electrodes shall only be accepted Grounding Resistance Test is conducted and the results of the test are filed with the building de prior to inspection and energizing of the service. Section 250-62. entitled Grounding Electrode Conductor Material, is hereb) d road as follows: The grounding electrode conductor shall be of copper. The material shall be resistar any corrosive condition existing at the installation or shall be suitably protected against corrosion conductor shall be solid or stranded, insulated, covered, or bare. Section 2 - 4. entitled Grounding Electrode Conductor Installation, is hereby by amending Paragraphs and (b) to read as follows: (a) Aluminu r Copper-Clad Aluminum Conductors. Insulated or bare alum or copper-clad aluminum ounding conductors shall not be used for any part of the ou~ g electrode system. (b) Grounding E ctrode Conductor. A grounding electrode conductor or' s enclosure shall be securely fastened to th surface on which it is carried. A No. 4 copper or alu inum, or larger conductor shall be protected if e posed to severe physical damage. A No. 6 grou ing conductor that is free from exposure to phys al damage shall be permitted to be run along e surface of the building construction witho metal covering or protection where it is se rely fastened to the construction; otherwise, it shall be 'n rigid metal conduit, intermediate meta conduit, rigid nonmetallic conduit, electrical metallic tubi , or cable armor. Grounding conduc rs smaller than No. 6 shall be in rigid metal conduit, interme ' te metal conduit, rigid nonmetallic onduit, electrical metallic tubing, or cable armor. forms of protection will be appro d; rigid metal conduit, ermediate metal conduit, rigid nonmetallic amended to read as follows~~uC:ir~duu3mc~to~r Size of Largest Service-Entrance C ductor or Size of Grounding Electrode Equivalent Area for Paral s Electrode Conductor 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 through 350 Over 250 kcmil tl ~h 500 2 kcmil kcmil Over 350 kcmil through Over 500 kcmil 900 1/0 600 kcmil kcmil Over 600 kcmil through Over 900 kc~ through ~50 2/0 1100 kcmil kcmil Over 1100 kcmil Over 1756 3/0 Notes: 1. Where multiple sets of conductors used as permitted in Section 230-40, Exception No. 2., the equivale size of the largest ice-entrance conductor shall be determined by the largest sum of the of the corresponding lductors of each set. 2. Where there are no servi~ conductors the ~nding electrode conductor size shall be determined by the equivale~ size of the largest conductor required for the load to be served. 3. This table also applies to derived conductors of se derived ac systems. Section 250-104(b). entitled Gas Piping. is hereby as follows: Each aboveground portion of a gas piping system from the equipment shutoff shall be electrically continuous and bonded to the grounding el, :trode system. This bonding lall be sized in accordance to Table 250-122 and sized to the rating of the service disconnect .~ans serving the dwelling unit. The connection shall remain Section 300-13 (b). entit Device Removal. is hereby amended to follows: Device Removal. In all general purpose bra~ circuits, the continuity of the grounding, d, and the ungrounded conductor(s), shall not ~end on device connections such as lampholders, .ceptacles, etc., where the removal of such devic would interrupt the continuity. Section 310-4. entitl Conductors in Parallel, is hereby amended to read as Aluminum, copper- clad aluminum, or ,~opper conductors of size No. 1/0 and larger, comprising each ~ase, neutral, or grounded circuit conductor, shall be permitted to be connected in parallel ( oined at both ends to form a single conductor). Exception No. 1: As permitted in Section 620-12(a)(1 ). Exception No. 2: Conductors in sizes smaller than No. 1/0 shall be permitted to be run in to supply control power to indicating instruments, contractors, relays, solenoids, and similar devices provided a. They are contained within the same race way or cable, b. The ampacity of each individual conductor is sufficient to carry the entire load by the and c. protection is such that the ampacity of each not be or more of the parallel conductors become inadvertently :cted. No. 3: Conductors in sizes smaller than No. 1/0 shall be permitted run in parallel for frec of 360 Hz and higher where conditions (a), (b), and (c) of No. 2 are met. Exception 4: Under engineering supervision, grounded neutral in sizes No. 2 and larger shall be to be run in parallel for existing installations. FPN: Exce 4 can be utilized to alleviate overhearing of neutral in existing installations due to high : of triplen harmonic currents. The paralleled Jctors in each phase, neutral, or grounded circui ~r shall 1. Be the same lent 2. Have the same actor material, 3. Be the same size ~n mil area, 4. Have the same .n type, and 5. Be terminated in manner. Where run in separate ~ys or cables, the raceways e shall have the same physical characteristics. Conductors ~ne phase, neutral, or circuit conductor shall be required to have the same physical as those of another neutral, or grounded circuit conductor to achieve balance. FPN: Differences in inductive rea ~nce and unequal of current can be minimized by choice of materials, methods of construction ~d orientation Where equipment grounding are used conductors in parallel, they shall comply with the requirements of this section exce sized ~n accordance with Section 250-122. Where conductors are used in parallel, s shall be given consideration (see Articles 370 and 373). Conductors installed in parallel shall comply Ih the provisions of Section 310-15(b)(2)(a). Section 310-15 (b)(6). entitled 120/240-Volt re. Single-Phase Dwelling Services and Feeders. is hereby amended by amending the first par read as follows and adding an exception after said first paragraph as follows: For dwelling u~ as listed in Table 310-15(b)(6), shall be permitted as 120/240-volt, 3-wire, sin -entrance conductors, service lateral conductors, and feeder conductors that serve as th, main power er to a dwelling unit and are installed in raceway or cable with or without an equal ounding For application of this section, the main power feeder shall be the feeder(s) the main lighting and appliance branch- circuit panelboard(s), and the shall not be required to be larger than their service-entrance conductors .... grounded conductor not be permitted to be smaller than the ungrounded conductors, provide the requirements of Sections 5-~ !, 220-22, and 230-42 are met. Section 333-21. entitled Grou ding. is hereby amended to read as f~,l ws: Type AC Cable shall have an Section 334-23. entitled rounding. is hereby amended to read as follows: ~e MC Cable shall have an A~icle 250. Section 336-4. entitle Uses Permi~ed. is hereby amended by amending the first levered subsection to read as follows: Type NM, Type N , and Type NMS cables shall be permi~ed to be used in the ~ing: 1. One- and ~o-f ily dwellings 2. Multifamily dw lings constructed of a combustible ~pe construction. 3. Cable trays, w ere the cables are identified for the use FPN: See Secti n 310-10 for temperature limitation of conductors. Section 336-5(). entitled Types NM. NMC. and NMS. is hereby amended to read as NM, the exterior wall surface area level with or above finished grade. One additional level that is the 6 and not designed for human habitation and used only for vehicle parking, storage similar use shall be permitted. 2. As service-entrance cable 3. In commercial garages having hazardous (classified) locations as provide Section 511-3 4. In theaters and similar locations, except as provided in Article 518, of Assembly 5. In motion picture studios 6. In storage ttery rooms 7. In hoistwa' 8. Embedded in concrete, or aggregate 9. In any hazardo~ (classified) location, except as permitted by ,' 501-4(b), Exception, 502-4(b), Exception, and '.0 10. Commercial ,dustrial Construction Section 350-5. enl Not Permitted. is hereby to read as follows: Flexible metal conduit shall not be used in 1. In wet locations 2. In hoistways, as permitted in Section 62~ 3. In storage-battery 4. In any hazardous location other than a,, in Sections 501-4(b) and 504-20 5. Where exposed to having a deterioratin on the installed conductors, such as oil or gasoline 6. Underground or embedded poured aggregate 7. Where subject to d~ ~age Section 362-6. entitled Cot is hereby amended to read as follows: Where insulated conductors are defi~ within awi either at the ends or where conduits, fittings, or other raceways or cables enter or I, or where the direction of the wireway is deflected greater than 30 degrees, dimensions Section 373-6 shall apply. Where insulated conductors No. 4 or enter a wireway through a raceway or cable, the distance between raceway and cable entries er the same conductor shall not be less than six times the trade diameter of the larger racewa connector. Section 370-27(c). entitled Boxes at ~g-Suspended (Paddle) Fan Outlets. is hereby deleted and a new Section 370-27(c). entitled Rec for Ceiling Fan Rated Boxes. is hereby inserted to read as follows: All boxes used as lighting fixture be of the "Ceiling Fan Rated Type" and shall comply with Article 422-18 (a) and (b). Exception: In areas such as closets, hallways, garages, and bathrooms, areas listed above shall not be ira ceftinc ddle) fan(s) are installed in these areas. Section 380-4. entitled Wet is amended to read as follows: A switch or circuit breaker in a wet location or outside building shallenclosed in a weatherproof enclosure or cabinet that shall comply with Section 3; ,-2(a). Switches not be installed within wet locations in tub or shower spaces unless installed as of a listed tub or ~ower assembly. Exception: Switches that protected with a z be installed with approval within the tub shower space. Section 410-4(d). and Shower Are,, is hereby amended to read as follows: No parts of cord-connected fix e fixtures, lighting trac pendants or ceiling-suspended (paddle) fans shall be located within zone measured 3 ft (914 mm)' orizontall~/and 8 ft (2.44 m) vertically from the top of the bathtub rim shower stall threshold. All othe types of fixtures located within this area must Section 518-4(b). e/~tit -~d Nonrated Construction. is hereb amended to read as follows: Type AC and MC cable, electricOil nonmetallic tubing, and rigid nonmetalli conduit shall be permitted to be installed in those buildings oCportions thereof that are not required to be f fire-rated construction by the applicable building code. / / Section 680-12/entitled Disconnecting Means is hereby amen d to read as follows: A disconnecting means shall b provided and be accessible, to disconnect simult neously, all ungrounded conductors. It shall be Ioca d within sight of, but no c oser than 5 ~ (1.52 m) fro the inside walls of the pool, spa or hot tub and r of the like type equipment. ' that provide power to the recirculation system and jet system shall be in tailed readily accessible to the dwelling units of multi-family complex(es). 7 Section 800-40 (a)(2). entitled Material. is hereby amended to read as follows: The grounding conductor shall be copper, either stranded or solid. This conductor shall be identified in accordance with Section 250-119. SECTIOI' V. The following new sections are hereby added to the City Code: Sec. Application to Existing Electrical Systems and Equipment. (a) ns, alterations or repairs. Additions, alterations or repairs may be m to an electrical s lnd equipment without requiring the existing electrical system and equipr comply with all the re~ of this code, provided the addition, alteration or repair to that required for a new cal system and equipment, and provided further that no hazard to health or safety will be created ;uch additions, alterations or repairs. With a of the Building Official, prior to the commencement of woi minor additions, alterations and repairs an existing electrical system and equipment may be ma in accordance with the law in effect at the tis e the original installation was made. (b) Existing Electrical systems and equipment lawfu in existence at the time of the adoption of may have their use, maintenance, or repair if the use, maintenance or repair is in with the original design and no hazar life, health, or property has been created by such system and equipment. (c) Changes in occupancy. Electrical systems and ~ment which are a part of any building or structure under< a change in use or occupancy, as by the building code, shall comply with the requirements of code which are applicable to the use or occupancy. (d) Maintenance. All systems and equipment, existing and new, and all parts thereof shall be maintained in a pro. ,r operating condition in accor ~nce with the original design and in a safe and hazard-free condition. devices or safeguards whi. required by this code shall be maintained in conformance with this The owner or desk agent shall be responsible for the maintenance of the electrical system. To compliance this subsection, the Building Official may require any electrical system to be ~ected. (e) Moved buildings. and eqL which are part of buildings or structures moved into or within this jurisdiction ~11 comply with' provisions of this code for new installations. Sec. 14-5C-4. Conflicting is. If different sections of this specif different materials, methods of construction or other requirements, the most restrictive Sec. 14-5C-5. Alternate materials of construction. The Building Official may approve ~se of an alternate material or method of construction if the proposed design complies with the s of this code and the material or method of construction offered is at least the equivalent of that in this code in suitability, strength, effectiveness, fire resistance, durability and safety. The Building Official shall require it evidence or proof to substantiate any claims regarding the use of alternates. The Building Official in the files of the code enforcement agency any decision to approve an alternate material or m, ~struction. Sec. 14-5C-6. Modifications. The Building Official may gras for individual cases, provided that a special individual reason makes the strict letter of th code im and the modification is in conformity with the intent and purpose of this code, and that modification not lessen health, life and fire safety requirements. The details of such actions modification be recorded and entered in the files of the code enforcement agency. Sec. 14-5C-7. Tests. Whenever there is insuffi .~nt evidence of com any of the provisions of this code or evidence that materials or construcffi do not conform to the ..merits of this code, the Building Official may require tests as evidence ~liance to be made at no ,nse to this jurisdiction. Test methods shall specified by this code or by a~ner ecognized test standards. In the absence of recognized and accepte~ t methods for the proposed altern the Building Official shall determine test procedures. All tests shall be ~ by an approved agency. Reports of suc tests shall be retained by the Building Official for the period r, quired for the retention of public records. Sec. 14-5C-8. Pow s and Duties of Building Official. (a) General. The uilding Official is hereby authorized and directed to nforce all the provisions of this code. The B ding Official may appoint a chief electrical inspector and ther related technical officers and inspecto and other employees as shall be authorized from time to tim (b) ...... there exists in a building or upon a premises a condition or es such building or premises unsafe, dangerous or hazardous, the Building Official or an authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty 8 imposed upon the building or premises by such codes, provided that if such building or premises be occupied, the Building Official shall first present proper credentials and request entry. If such building or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry be refused, the Bu'lding Official or an authorized representative shall have recourse to remedy provided by law to secure ntry. en the Building Official or an authorized representative shall have first obtained a proper inspectio warrant or other remedy provided by law to secure entry an owner or occupant or other persons h ving charge, care or control of the building or premises sh;ll not fail or negle t, after proper request is ade as herein provided, to promptly permit entry therein by the Bui ing Official or authorized r resentative for the purpose of inspection and examination pursuant to th' code. · i ....... Isr~ca~ work to be don and such persons shall immediately stop such work until au arized by the Building Official to procee with the work· ~ (d) Authority to Disc nnect Utilities in Emergencies. The Building Official utl~orized representative shall have the autho 'ty to disconnect electric power or energy service su to the building, structure iof where necessary to serving utility, the occupant of the building, structure or el system or equipment of the decision to disconnect Dr to taking such action and shall no utility, owner and occupant of the building, structure ~uilding equipment, in wdting, of the di immediately there after. (e) Authority to Condemn System and Equipment· BuildingOfficial determines that an electrical system regulated by this code has bec hazardous to life, health or property, the Building Official shall in writing a notice of violation. notice shall state the description, and the corrective action that be taken for the electrica or equipment on the premises to be restored to a safe condition. wdtten notice shall state a minimum time limit for compliance. Persons shall not use or main' defective electrical or equipment after receiving notice. This work shall be done by a licensed contractor, by the City of Iowa City. If equipment or an ~ to be disconn~ the Building Official shall issue a written notice of such disconnection and reasons ~erefor to the utility, and the owner and occupants of the building, structure or premises within to disconnect· When an electrical system or in violation of this code and in violation of a notice issued pursuant to the I: the Building Official shall institute appropriate action to prevent, restrain, correct or~ iolation. (f) Connection after Order to Disconnect. ~ns shall not make connections from any energy or power supply nor supply power to an electrical s ~m or equipment which has been disconnected or ordered to be disconnected by the Building Officia use of which has been ordered to be discontinued by the Building Official until the Building authorizes the reconnection and use of the electrical system or equipment. (g) Liability. The Building Official, or an representative charged with the enforcement of this code, acting in good faith and in discharge of duties, shall not be personally liable for any damage that may accrue to oras a result of an act or by reason of an act or omission in the discharge of duties. This code shall not be cot to relieve o lessen the responsibility of a person owning, operating or controlling any build' structure or buildin service equipment therein for any damages to persons or property caused by e :ts, nor shall the co enforcement agency or its parent jurisdiction be held as assuming such lia ~lit by reason of the insp ctions authorzed by this code or approvals issued under this code· ' (h) Cooperation of Other Offic' Is and Officers. The Building fficial may request, and shall receive so far as is required in the di harge of duties the assistance nd cooperation of other officials of this jurisdiction. ' Sec. 14-5C-9. Unsafe Ele trial Systems or Equipment. ' abandonment is, for the of this section', an unsafe ;;se. ' ",. ' ' Unsafe electdcal s or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitatio demolition or removal in accordance with the procedures set forth in the Uniform Code for the Abater. of Dangerous Buildings 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 9 designated by the governing body may institute other appropriate action to prevent, restrain, correct or abate the violation. Sec. 14-5C-10. BOARD OF APPEALS. A. General. The Board of Appeals shall hear and decide appeals of orders, decisions or determinations made the Building Official relative to the application and interpretation of this code. The Board shall consist at least five (5) members who are qualified electors/bf the city of Iowa City but are not em the City. The Board shall include at least one lice~ electrician, one licensed plumber, one qualified by experience and training to pass upon pertaining to mechanical design, ~nd maintenance, one representative from the City Homebuilders Association, and at least one ~g design professional. All other members be qualified by experience and training to pass upon ;I to building construction ant of the Building Official. If any electrician on of Appeals is involved in an before the Board, the other members of the Board shall a an alternate qualified electrician a qualified elector of the City of Iowa City to act in his or herThe Senior Building Inspector be an ex official member of, and shall act as secretary to the The members of the Appeals shall be appointed by the City Council and shall hold office a' pleasure. B. Limitations of Authorit The Board of Appeals have no authority to waive requirements of this Code. Sec. 14-5C-11. Violations It shall be unlawful for an firm or to erect, construct, enlarge, alter, repair, move, improve, remove, convert equip, maintain an electrical system or equipment or cause or permit the same to be done ~tion of this Sec. 14-5C-12. Licenses. A. No person shall perform unsu work, within Iowa City, with or without compensation unless the person holds a license issued by the City except as permitted by sections 14-5C-23 B and C. B. No person shall work as a joume'. electrician within the City unless the person holds a journeyman electrician's license issued by the C. No person shall knowingly employ permit an unlicensed person to perform electrical work within Iowa City if the work is required by this to be performed by a licensed electrician. D. There shall be a properly present at all locations and at all times where electrical work is being performed. electrician shall be present for every three apprentices or workers. Such licensed be an employee of the permit holder. E. The provisions of this section ~ly to: (1) The personnel of the ing division of the city or persons who work for a public utility company, telephone telegraph nor to persons performing electrical work as an integral part of the ant used by ;h company in rendering its duly authorized service to the public. (2) A regular of any railroad wh. 'loes electrical work only as a part of that employment. (3) The service or ml ~tenance of heatinc Dr air conditioning equipment provided that such work or maintenance sh only include ~1 work on electrical equipment that is part of such equipment. work shall include the nnection of heating or air conditioning equipment to an individual bran< circuit, that contains no, ~er loads. F. Revocation of Licen., 1. The admini~ authority, with consent of le Board of Appeals, may revoke any license issued if the license ~older show,' ~ncompetence c lack of knowledge, if the license was obtained by fraud or for of any sections 2. Licenses ar not transferable. The lending of license or the obtaining or permits thereunder for any other ~ "son shall be deemed cause ~tion. 3. RevocatiG shall occur only after the Authority has given the licensee wdtten notice and an c for an administrative hearing the Board of Appeals. G. Reissuance _icense After Revocation: If a license is ked for any reason, another license shall not be issued for at st twelve (12) months after revocation. Sec. 14-5C-13. dications. An.y person . q ired by this ordinance to possess a license fo electrical work shall make application to plication and Examination Fees. Fees for persons applying for a license for electrical work shall be stablished by resolution of the City Council, and shall not be refunded. Sec. S. TA.D .RDS.. . .. . of two years of experience as a licensed journeyman electrician, and" successfully passes the 10 examination approved by the Board of Appeals. The fee for the license shall be set by resolution of Council. B. A journeyman electdcian's license shall be issued to every person who demonstrates satisfactory completion of three years of experience as an apprentice electrician with an established electrical C. Only one ~se shall be issued to any individual in any license category on the basis of a single examination. Sec. 14-5C-16. 3N8. ./, . Any person who ils the journeyman or master electdcian's exarn~nat~on may apply for re-examination at the next regularly ;duled examination. /// Sec. 14-5C- 17. A. Every license which as not previously been revoked sh expire on December 31 of each year. Renewal fees shall established by resolution of Any license that has expired may be reinstated within (60) days after the upon payment of an additional ten dollar ($10) reinstatement fee. the expiration of the (60) day period, no license shall be renewed except upon reexaminati Notwithstanding the upon application, the Board of Appeals may waive the re-examination quirement for licen: are not renewed within the sixty (60) day period if the licensee evidence that the to renew was due to the medical reasons or other circumstances beyond of the ~see. B. Code Update Certificate. Pri~ Io receiving an electrical license, each applicant shall complete an approved eight hour update class based on the changes in the most current edition of the National EIE withit year of its adoption by the City. A documentation of completion must be submitted to Official to accompany application for renewal. C. At the time of renewal, each company where currently employed. Sec. 14-5C-18. Maintenance electricias ,; when required, A. A maintenance ~ shall be required of any person employed as a maintenance electrician as defined by this Code. Ama electrician's certificate shall be issued to any person who shall satisfactorily pass the examinati, proved by the Board. Any person holding a maintenance electrician's certificate issued by the to passage of this code shall be issued a renewal of the certificate without taking the ~rovided. B. The installation of any add ical equipment of any kind by the holder of a maintenance electdcian's certificate is hereby Sec. 14-5C-20 Inactive license. Any current electrical license . be classifi as inactive upon written request of the licensee. Once so classified, the license holder is permitted to intain the electrical license as current but will not be permitted to obtain an electrical ermit nor other~ actively participate in the electrical trade in Iowa City. The license may be reactivat upon completion o an eight hour National Electrical Code class on the changes based on the most rrent edition of the Na nal Electrical Code and payment of the full license fee for that year. The fee for n inactive license shall be et by resolution of City Council. Sec. 14-5C-21. Permits. (a) Permits Required. Ex ept as specified in Subsection b) of this section, no electrical work regulated by this code shall be insta ed, altered, repaired, replaced r remodeled unless a separate electrical permit 1. Portable motor or other portable appliances energized by means of a cord or cable having an attachment pl g end to be connected to an approved receptacle when that cord or cable is permitted by t is code. 2. Repair or rep cement of fixed motors, transformers or fixed approved appliances of the same type and rating in he same location. 3. Temporary ecorative lighting. 4. Repair or r p acement of current-carrying parts of any switch, contractor control device or contact device of t e same type and or rating. ' 5. Replace ent of any overcurrent device of the required ampacity and interrupt rating in the same location. 6. Repair r replacement of electrodes or transformers of the same size and capacity for signs or gas 7. rimental 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. Sec. 14-5C-22. Application for Permit. 11 (a) Application. To obtain a permit, the applicant shall first file a written application on a form furnished by the code enforcement agency for that purpose. Every such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. 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. 3.Indicate the use or occupancy for which the proposed work is intended. 4. Provide plans, diagrams, computations and specifications and other data as required in Subsection (b) of this section. 5. The permittee, or authorized agent, must sign the application. 6. Give such other data and information as may be required by the Official. (b) Submittal >ocuments. Plans, specifications, engineering calcul~ diagrams and other data shall be ~ne or more sets with each application for a per The Building Official may 'require plans, com and specifications to be prepared and by an engineer or architect licensed by the practice as such. EXCEPTION: Building Official may waive the sl of plans, calculations, etc., if the Building Official finds nature of the work applied for such that review of plans is not necessary to obtain compliance with code. (c) Information on Plans ipecifications. Plans af specifications shall be drawn to scale upon substantial paper or cloth ant ;hall be of sufficient ch to indicate the location, nature and extent of the work proposed and show that it will to the provisions of this code and all relevant laws, ordinances, rules and ions. Plans for buildings more two stories height of other than Groups R, Division 3 and M Occupancies shall indicate how red structus and fire-restrictive integrity will be maintained where a penetration will be made for conduits, pipes and similar systems. Sec. 14-5C-23. Permittee. A. An electrical permit may be issued to ar ~n holding a valid master electrician license issued by the City of Iowa City, or to any company who ~loys a duly licensed Master Electrician on a full time basis who supervises the work of the Jring the company's normal business hours. B. A permit may be issued to the owner of a owner-occupied single-family dwelling, pursuant to a valid certificate of occupancy and used ;ly for residential purposes, to do any work regulated by this article in connection with said a d accessory buildings. The owner must personally purchase all material and perform all in con ction with the permit. All work shall comply with this article. Applicants for a homeowner permit shall ass the designated exam before a permit may be issued. C. The homeowners test required in a ~graph B of this ection may be waived if the applicant is a duly licensed electrician in the Iowa Ci a a with a minimu f a Journeyman status. Sec. 14-5C-24, Permits Issued. 1. Issuance. The Building Official hal review the applicatio plans and specifications and other data, filed by an applicant for a per t. Other departments of this ' risdiction may review ti~e plans to verify compliance with any applicab laws under their jurisdiction. hen the Building Official finds that the work described in an applicat' n for a permit and the plans, spec~ ations and other data filed therewith conform to the requiremen of this code and other pertinent law and ordinances, and that the fees specified in Section 14-5C- have been paid, the Building Official sh issue a permit to the applicant. 2. When the Building Official ' sues a permit, the plans and specification hall be endorsed in writing or in accordance with the a >roved plans. 3. The Building Official issue a permit for the construction of part of an electr~l system before the entire plans and spec 9tions for the whole system have been submitted or proved, provided adequate information detailed statements have been filed complying with all pe~in~t requirements of this code. However holders of such permits shall proceed at their own risk without'~ssurance that ,,,, the permit for the enti~ building, structure or building service will be granted. (B) Retention of Plans. One set of approved plans, specifications and computations shall be retained by the Building Official ~ final approval of the work is given. One set of approved plans and specifications shall be returned to he applicant and shall be kept on the site of the building or work at all times while the work authorize thereby is in progress. Validity of Permi. The issuance of a permit or the approval of plans and specifications shall not be construed to be permit for, or an approval of, any violation of any of the provisions of this code or of 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 12 data, or from preventing building operations being carried on thereunder when in violation of these codes or of any other ordinances of this jurisdiction. (D) Expiration. 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 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 180 days. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the or~'gin, al 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. A permittee holding an unexpired permit may apply for an extension of the time within which work may be commenced under permit when the permittee is anable to commence work within the time required by this section for and satisfactory reasons. The Building Official may extend the time for action by the permittee for a not exceeding 180 days upon written request by the permittee showing that circumstances the control of the permittee have prevented action from being taken. (d) Suspension or Revocation. The Jilding Official may,, in writing, suspend or revoke a permit issued under the provisions of this code issued in error or on the basis of incorrect information supplied, or in violation of any or regulation 6f the jurisdiction. Sec. 14-5C-25. Insurance. Before any permit to perform electrical mayl~e issued, the applicant shall have on file with the Building Official a copy of a certificate of insu~ce stating the liability amounts of no less than three hundred thousand dollars ($300,000) property ~nd fi~/e hundred thousand dollars ($500,000) bodily injury. The City of Iowa City shall be named as additi,ir~sured. The policy shall also provide for at least ten (10) days notice by the insurer to the City of terrainI, of the policy by the insured or insurer. Electrical permits issued under Section 14-5C-23 B and C of is ordinance shall be exempted from this insurance requirement. Sec. 14-5C-26. Fees. / (a) Permit Fees. The fee for each electrical Ill be as set forth by resolution of Council. (b) Investigation Fees: Work Without permit may be issued for such wc 2. Fee. An investigation fee, in addi to the shall be collected whether or not a permit is issued. The investigation fee sh~ be equal to permit fee that would be required by this code if a permit was The payment such investigation fee shall not exempt any person from compliance with other provisions lis code or from any penalty prescribed by law. (c) Fee Refunds. 1. The Building Official may the refunding fee paid thereunder which was erroneously paid or 2. The Building Official may the refunding of not than 80 percent of the permit fee paid when an application a permit for which a fee has .=n paid is withdrawn or canceled before any work has beer The Building Official shall not the refunding of any fee upon written application filed by the original permittee ~ 180 days from the date of fee Sec. 14-5C-27. Inspections. (a) General. All electrical ns and equipment for which a permit is by this code shall be subject to inspection by th Building Official, and the electrical system accessible and exposed for inspection until approved by the Building Official. It shall be the duty permit applicant to cause the electrical system to ain accessible and exposed for inspection. pL Neither the Building Official nor the jurisdiction be liable for the expense of removing o replacing any material to permit inspection. When the of an electrical system and ec pment is complete, an additional and final inspection shall be ;. Electrical systems and ec regulated by this code shall not be connected to the energy s~ce until authorized by Official. \, Approval as a re/suE of an inspection shall not be construed to be an approval of a violation ~1' the provisions of this code or of other ordinances of the jurisdiction. (b) 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. 13 It shall be the duty of the person requesting inspections required by this code to access to and means for inspection of such work. (c) Operation of Electrical Equipment. The requirements of this section shall not to prohibit the operation of any electrical system or equipment installed to replace existing The request for inspection of such equipment must have been filed with the Building Offic not more than 48 hours after work is completed and before any portion of such el system is concealed by .~rmanent portion of the building. (d) Other In addition to the called inspections required by thi,. the Building Official may make or other inspections of any work to ascertain com the provisions of this code and other which are enforced by the code enforcement agency. (e) A re-inspection fee may be assessed for each in~ or re-inspection when such portion of which inspection is called is not complete corrections called for are not made. This provision not to be interpreted as requiring re-ins fees the first time a job is rejected for failure to comply 'ith the requirements of this code, bl as controlling the practice of calling for inspections before the is ready for such inspection or Re-inspection ~ay be assessed when the a plans are not readily available to the inspector, for failure to access on the date for inspection is requested, for not completing the corrective actions from ;linal inspections, or forfrom plans requiring the approval of the Building Official. To obtain a re-in~ applicant shall an application therefor in writing upon a form furnished for that purpose, and the re-ins as set by resolution of Council. When re-inspection fees been no additional inspection of the work will be performed until the required fees been Sec. 14-5C-28. Connection Approval. (a) Energy Connections. An electrical equipment regulated by this code for which a permit is required shall not be connected to a or power until approved by the Building Official. (b) Temporary Connections. The Buildin, Official may authorize the temporary connection of the electrical system or equipment to the of energy or power for the purpose of testing the equipment, or for use under a temporary of Occupancy. SECTION VI. REPEALER: All ordin ~rts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VII. SEVERABILITY: If any s ~ on or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudica 'on shall not the validity of the Ordinance as a whole or any section, provision or part thereof not adj ged invalid, Iconstitutional. SECTION VIII. EFFECTIVE DATE: T is Ordinance be in effect after its final passage, approval and publication as required by law. Passed and approved this ay of ,20__ MAYOR ATTEST: CITY CLERK City Attorney's Office hisbldg/ord/electziccode99.doc 14 Prepared by: Eleanor M. Dilke~, City Attorney; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5030 ORDINANCE NO. ~INANCE AMENDING CITY CODE TITLE 2, 'LED "HUMAN RIGHTS," CHAPTER 1, ED "GENERAL PROVISIONS," SECTION 1, "DEFINITIONS", REGARDING THE lITION OF SEXUAL ORIENTATION. the Iowa City Human Righ Ordinance ;ludes a definition of se~ orientation d on age and behavior; an WHEREAS, cause people of all a may identify with a ecific orientation, of the definition i~ ~ecessary; and WHEREAS, it in the publi, interest to provide an definiti~ of sexual orientation. NOW, THEREFORE,~ ORDAINED BY THE CITY COUNCIL CITY OF IOWA CITY, IOWA: SECTION I. ~D JT. Title 2, entitled "Human Rights," Ch entitled "General Provisions," Sectio led "Definitions," of the City Cc is ~y amended as follows: 1. Title 2, ~ter 1, 1, is hereby amended b the definition of sexual oriE ORIENTATION: status of prcfcr a rclationship of or a scxual rclati with a conscnting ac It of thc sar scx, or with a con3cnting It of thc ~ositc scx. ,. substituting in lieu thereof a new d finition of sexual orientation, as follows: SEXUAL ORIENTATION: Actual, kistory of, or perceived heterosexu lity, homosexuality, or bisexuality. Se ual orientation does not include participation in acts which are prohibited by law. SECTION II. REPEALER. All ordinance and parts of ordinances in conflict with the provisions of this Ordinance are hereby re- ealed. Ordinance No. Page 2 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 n adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. his Ordinance shall be in effect after its fina pas- sage, approval and publication, as provi ed by tW. Passed and approved th~s day of ,2000. MAYOR / ATTEST: / LERK / roved by City Attorney's Ma ym/m~sc/hrc-or~ / / / / / / / / \ Prepared by: Rob Winstead, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5145 ORDINANCE NO. 00-39:].5 AN ORDINANCE AMENDING TITLE 14, CHAPTER 3 ENTITLED "CITY UTILITIES" OF THE CITY CODE OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 14-3B-5 ENTITLED "PROJECT SPECIFIC TAP-ON FEE FOR THE NORTHWEST SANITARY SEWER PROJECT, PHASE I1." WHEREAS, Section 14-3B-1 through 14-3B-3 of the City Code of Iowa City, Iowa authorizes the City to adopt and implement project specific tap-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public utilities; and WHEREAS, collection of costs by way of a tap-on fee ordinance must be based on actual project costs; and WHEREAS, the City completed construction of the Northwest Sanitary Sewer, Phase II, which is the north fork of the Northwest Sanitary Sewer constructed in 1991, to serve the northerly area of the Clear Creek drainage basin, and the cost of construction is now subject to formal collection via the "tap-on fee structure"; and WHEREAS, it is in the public interest to equitably apportion the costs associated with extension of sanitary sewer to those properties benefited by the extension. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Title 14, Chapter 3 entitled "City Utilities" of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adopting a new section 14-3B-5 to read as follows: 14-3B-5: PROJECT SPECIFIC TAP-ON FEE FOR THE NORTHWEST SANITARY SEWER PROJECT, PHASE Ih A. General Project Description: 1. The Northwest Sanitary Sewer, Phase II, which is the north fork trunk sewer of the Northwest Sanitary Sewer constructed in 1991, serves the northerly area of the Clear Creek drainage basin. The Northwest Sanitary Sewer Project, Phase II ("Project") includes the construction of three (3) manholes and one thousand one hundred and nine (1,109) lineal feet of twenty-four inch (24") diameter concrete sanitary sewer pipe. 2. The City Council determined that installation of the Project would facilitate development of the area designated as "A", "E", and "G" in Figure No. 1, generally 2,000 feet north of Melrose Avenue and west of property owned by the University of Iowa since this area was not expected to develop due to the lack of sanitary sewer on the University property. 3. An agreement regarding prepayment and collection of sanitary sewer tap-on fees has been made between the City of Iowa City and the developers of Walnut Ridge, Parts 5-7. B. Actions Taken by City Council in Approving the Project: 1. On October 2, 1990, the City Council adopted Resolution 90-183 authorizing an agreement with MMS Consultants to design the sewer for the Northwest Sanitary Sewer Project which included Phase II, the north fork. On August 2, 1994, the City Council held a public hearing on the plans, specifications, form of contract, and cost estimate. Following the public hearing, the City Council passed Resolution 94-269 approving the plans and specifications of the Project and authorizing advertisement for bids. The City Council awarded the Project construction contract to Maxwell Construction Company on August 30, 1994, by Resolution 94-290. The City Council accepted the work for the Project improvements on July 18, 1995 by Resolution 95-188. 2. The City Council authorized the issuance of general obligation bonds as interim financing to pay the construction costs of the Project in Resolution 95-63. C. Total Project Cost: The total actual cost of the Project, as certified by the City Engineer, is one hundred nineteen thousand five hundred sixty-three dollars and sixty-three cents ($119,563.63). This cost includes thirty one thousand nine hundred seventy-nine dollars and six cents ($31,979.06) in interest costs. Ordinance No. 00-3915 Page 2 D. Total Area Benefited: The Project benefits a total of five hundred seventy-four and six tenths (574.6) acres. The benefited area has been divided into three (3) subareas labeled "A", "E", and "G" for cost allocation purposes (See Figure 1 ). E. Building Permits: All tap-on fees must be paid prior to connection to the City's sanitary sewer. No building permits shall be issued for any parcel or tract of land located in the benefited area until the property owner or building permit applicant pays the tap-on fee for that parcel or tract. F. Schedule of Fees. The following table lists the tap-on fee per acre for the three (3) subareas in the benefited area. The fee reflects the actual costs of the benefits associated with each subarea and are in addition to project specific tap-on fees established in Section 14-3B-4. Subarea Acres Fee Per Acre A 83.6 $208.08 E 296.9 $208.08 G 194.1 $208.08 G. Agreements With Developers: The City may, in its discretion, enter into agreements with developers subdividing property in the benefited area, to allow equalization of the tap-on fees among the lots in the subdivision, including agreement for the prepayment of tap-on fees and development sequencing. Such agreements shall not in any way alter the requirements regarding building permits set forth in Subsection E. H. Maps and Illustrations: 1. Figure No./--General boundary map of the project area showing location of benefited properties divided into three (3) subareas and the location of the constructed Project. 2. Figure No. 2--Legal description of the properties benefited by the construction of the Project. 3. Figure No. 3--Legal description of the Project. A plat of the Project has been recorded in the office of the Johnson County Recorder as denoted in Book 41, Page 22 and is also on file in the office of the City Engineer. Said plat is incorporated herein by reference. 4. Figure No. 4--City Engineer's cost certification. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. M ATTEST:~' ~,x__/.~4~ ~- ~ L./') CIT~I~ERK ~ 'L- City Attorney's Office Ordinance No. 00-3915 Page 3 A. It was moved by Champion and seconded by Pfab that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton x O'Donnell X Thornberry X Vanderhoef First Consideration 1 / 18/00 Vote for passage: AYES: Champion, Kanner, Lehman, 0'Donnell, Pfab, Vanderhoef, Wilburn. NAYS: None, ABSENT: None, Second Consideration 2/1/00 Vote for passage: AYES: Wilburn, Champion, Kanner, Lehman, 0'Donnell, Pfab, Vanderhoef. NAYS: None. ABSENT: None. Date published 2/23/00 ... , Ordinance No. 00-3915 -r ............ 'J:X~Page 3 g. ~ ~ i\'~''~z~lm IF r'~TH~' ~ ,. ~: :. :~. ,. Fmu No. ~ F' = 1~00' ~ ~ Sani~ Sewer G ~ Phase ~ -- 0 ,4. ~ "' ' ' ' ~ ~ Sanita~ Sewer ,::,,, ,, ~ Sanita~ Sewer, Phase H _,,, ,, ,_ ,. ,~ ,,>j ,-~: ~ Sub ~ea ~ea :' '~' "~ ~ L -., ~ Walnut ~dge - Noah 83.6' E. ~-O~ Zone - No~h 296.9 -_ ~ ~ G. ~-RS zone - Noah 194.1 _ L~ TOT~ 574.6 Ordinance No. 00-39:15 Page 4 FIGURE NO. 2 Legal Description of Properties Benefited by the Northwest Sanitary Sewer Project, Phase II. All of Parcels 1,2, 3, 4, 5, and 6 which lie North of the following described line: Commencing at the Southeast Corner of the Fractional Southwest Quarter of Section 7, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N00o22'54"E, along the East Line of the East One-Half of the Fractional West One-Half of said Section 7, 2630.39 feet to the Northeast Corner of Outlot "H", Walnut Ridge, Part Four, in accordance with the Plat thereof Recorded in Plat Book 34, Page 20, of the Records of the Johnson County Recorder's Office and the POINT OF BEGINNING; Thence S73o32'25"W, along the North Line of said Walnut Ridge, Part Four, 239.51 feet; Thence S16o27'35"E, along said North Line, 55.49 feet; Thence S73o32'25"W, along said North Line, 161.46 feet; Thence N78ol 5'03"W, along said North Line, 235.85 feet; Thence N04°57'17"E, along said North Line, 89.48 feet; Thence S67ol 7'52"W, along said North Line, 791.07 feet, to the Northwest Corner of said Walnut Ridge, Part Four; Thence S47o00'W, 350 feet; Thence N63°00~/V, 500 feet; Thence S58o00'W, 600 feet; Thence S67o00M/, 400 feet; Thence N89o00'W, 550 feet; Thence S55o00'W, 600 feet, to the Easterly Right-of- Way Line of U.S. Highway 218. Parcel Descriptions: Parcel 1 All that portion of Lot 1 of Charbon's Second Subdivision, as Recorded in Plat Book 27, at Page 30 of the Records of the Johnson County Recorder's Office, contained within the Northwest Quarter of the Northwest Quarter of Section 12, Township 79 North, Range 7 West of the 5th Principal Meridian, which is more particularly described as follows: Commencing at the Northwest Corner of Section 12, Township 79 North, Range 7 West of the 5th Principal Meridian; Thence N89o22'30"E, along the North Line of the Northwest Quarter of said Section 12, 397.44 feet, to its intersection with the Northeasterly Right-of-way Line of the existing Secondary Road, on the Southwesterly Line of Lot 1 of Charbon's Second Subdivision as Recorded in Plat Book 27, at Page 30, of the Records of the Johnson County Recorder's Office, which point is the Point of Beginning; Thence N89o22'30"E, along said North Line, 924.01 feet, to its intersection with the East Line of said Lot 1; Thence S00o23'47"E, along said East Line, 929.77 feet, to the Southeast Corner of said Lot 1; Thence N47ol 2'00"W, along the Southwesterly Line of said Lot 1,930.30 feet; Thence N40o45'00W, along said Southwesterly Line, 379.61 feet, to the Point of Beginning. Said tract of land contains 10.32 acres, more or less, and is subject to easements and restrictions of record. Parcel 2 The Southwest Quarter of the Southeast Quarter of Section 1, Township 79 North, Range 7 West of the 5th Principal Meridian. Parcel 3 All that Portion of Parcels A, B, and C of Clear Creek Subdivision as Recorded in Plat Book 25, Page 53, of the Records of the Johnson County Recorder's Office, contained within Section 12, Township 79 North, Range 7 West of the 5th Principal Meridian, EXCEPTING THEREFROM 6.33 acres of Right-of-way easements, Recorded in Book 597, at Pages 22 through 27 of the Records of the Johnson County Recorder's Office. Ordinance No. 00-39].5 Page 5 Parcel 4 A portion of the South Half of the Southwest Quarter of Section 6, Township 79 North, Range 6 West of the 5th Principal Meridian described as follows: Beginning at a point in the center of the fenced highway a distance of 787 feet N7o30M/of the Southwest Corner of Section 6, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence N82o30'E, 1835.2 feet; Thence 513o26NV, 919 feet; Thence S85ol 0~V, 1502.5 feet to the Southwest Corner of said Section 6, Thence NTo30'W, 787 feet to the Point of Beginning, all in the SW 1/4 of said Section 6. Parcel 5 The West Half of the Fractional Northwest Quarter and the West Half of the Fractional Southwest Quarter of Section 7, Township 79 North, Range 6 West of the 5th Principal Meridian. EXCEPTING THEREFROM 25.0 Acres, more or less acquired for road purposes by condemnation proceedings Recorded in Book 698, at Page 303 of the Records of the Johnson County Recorder's Office. Parcel 6 The East half of the Northwest Quarter and the East Half of the Southwest Quarter of Section 7, Township 79 North, Range 6 West of the 5th Principal Meridian. The total area of Parcels 1, 2, 3, 4, 5, and 6 which lie North of the above described line is 574.6 acres, more or less. Ordinance No. 00-3915 Page 6 FIGURE NO. 3 Legal description of the Northwest Sanitary Sewer Project, Phase II. Commencing at the Northeast corner of Section 7, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00°03'27"E, along the East Line of said Section 7, a distance of 2557.47 feet; Thence S89°56'33"W, 1593.89 feet to the Point of Beginning of the Centerline Alignment for an existing sanitary sewer; Thence N77°55'22"W, along said centerline, 399.48 feet; Thence N73°43'27"W, along said centerline, 393.53 feet; Thence N74°32'12"W, along centerline, 333.30 feet to the Point of Termination. Ordinance No. 00-3915 Page 7 FIGURE NO. 4 COST CERTIFICATION I, Richard A. Fosse, City Engineer for the City of Iowa City, Iowa, hereby certify that construction of the Northwest Sanitary Sewer Project, Phase II, has been completed in substantial accordance with the approved plans and specifications. I further certify that the total actual cost of the Northwest Sanitary Sewer Project, Phase II is $119,563.63. This cost includes $31,979.06 in interest costs. Rich~s2~e,~ City Engineer Ordinance No. Page 2 D. Total Area Benefited: The Project benefits a total of five hundred seventy-four and six tenths (574.6) acres. benefited area has been divided into three (3) subareas labeled "A", "E", and "G" for cost allocation ~oses (See Figure 1 ). E. Building All tap-on fees must be paid prior to connection to the City's sewer. No building shall be issued for any parcel or tract of land located in the benefited until the property owner or bulldine applicant pays the tap-on fee for that parcel or tract. F. Schedule of The following table lists the tap-on fee per acre for (3) subareas in the benefited area. fee reflects the actual costs of the benefits associated each subarea and are in addition to project ',ific tap-on fees established in Section 14-3B-4. Subarea Acres Fee Per Acre A 83.6 $208.08 E 296.9 $208.08 G 194.1 $208.08 G. Agreements With Develo rs: The City may, in enter into agreements with developers subdividing property in the ben~ area, to allow of the tap-on fees among the lots in the subdivision, including ag ~r the prepayme~ of tap-on fees and development sequencing. Such agreements shall not in 'the requirem regarding building permits set forth in Subsection E. H. Maps and Illustrations: 1. Figure No./--General ect area showing location of benefited properties divided into three (3) subareas and the constructed Project. 2. Figure No. 2--Legal description of th. benefited by the construction of the Project. 3. Figure No. 3--Legal description of th~ ect. A plat of the Project has been recorded in the office of the Johnson County Recorder Book , Page __ and is also on file in the office of the City Engineer. Said plat is incor reference. 4. Figure No. 4---City Engineer's SECTION II. REPEALER. A of ordinances in conflict with the provisions of this Ordinance are SECTION III. SEVERABIL If any section, sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional adjudication shall the validity of the Ordinance as a whole or any section, provision or !reef not adjudged Jnconstitutional. SECTION IV. EFFE{ DATE. This Ordinance be in effect after its final passage, approval and publication, as by law. Passed and __ day of !..9------ . MAYOR ///// /- ATTEST:."' /~ITY CLERK / Approved by ~ity Attorney's Office Prepared by: Rob Winstead, Senior Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5145 ORDINANCE NO. 00-39'16 AN ORDINANCE AMENDING TITLE 14, CHAPTER 3 ENTITLED "'CITY UTILITIES" OF THE CITY CODE OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 14-3B-6 ENTITLED "PROJECT SPECIFIC TAP-ON FEE FOR THE SOUTH SYCAMORE SANITARY TRUNK SEWER PROJECT" WHEREAS, Section 14-3B-1 through 14-3B-3 of the City Code of Iowa City, Iowa authorizes the City to adopt and implement project specific tap-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public utilities; and WHEREAS, collection of costs by way of a tap-on fee ordinance must be based on actual project costs; and WHEREAS, the City has completed construction of the South Sycamore Sanitary Trunk Sewer to serve the southeast side of Iowa City and the cost of the project is now subject to formal collection via the "tap-on fee structure"; and WHEREAS, it is in the public interest to equitably apportion the costs associated with extension of sanitary sewer to those properties benefited by the extension. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Title 14, Chapter 3 entitled "City Utilities" of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adopting a new section 14-3B-6 to read as follows: 14-3B-6: PROJECT SPECIFIC TAP-ON FEE FOR THE SOUTH SYCAMORE SANITARY TRUNK SEWER PROJECT: A. General Project Description: ' 1. The South Sycamore Sanitary Trunk Sewer ("Project") provides gravity sanitary sewer to areas immediately south of Grant Wood Elementary School. This trunk sewer is the first major extension of sanitary sewer to areas that previously could not be served by gravity sewer and was made possible by the construction of the South Wastewater Treatment Plant and the Southeast Interceptor Sewer. The Project includes the construction of twenty-six (26) manholes and eight thousand four hundred and thirty (8,430) lineal feet of concrete sanitary sewer pipe ranging in size from twelve inch (12") to twenty-four inch (24") in diameter. 2. The City Council determined that installation of the Project would facilitate development of the southeast side of Iowa City as designated in Figure 1. The Project was initiated by the City of Iowa City to encourage compact contiguous development in the area with sanitary sewer service provided at a reasonable cost. 3. An agreement regarding prepayment and collection of sanitary sewer tap-on fees has been made between the City of Iowa City and the developers of Mount Prospect, Parts 5-8, South Pointe Addition, Parts 1-6 and Hollywood Manor, Part 6. B. Actions Taken by City Council in Approving the Project: 1. On November 12, 1991, the City Council adopted Resolution 91-281 authorizing an agreement with MMS Consultants to design the Project. On May 26, 1992, the City Council held a public hearing on the plans, specifications, form of contract, and cost estimate. Following the public hearing the City Council passed Resolution 92-134 approving the Project and fixing the date for bids. The City Council awarded the Project construction contract to Weber Mid-State Construction on June 23, 1992 via Resolution 92- 186. The City Council accepted the work for the Project on January 18, 1994 via Resolution 94-16. 2. The City Council authorized the issuance of general obligation bonds as interim financing to pay the construction costs of the Project via Resolution 89-284. C. Total Project Cost: The total actual cost of the Project, as certified by the City Engineer, is eight hundred Ordinance No. 00-3916 Page 2 fifty-eight thousand five hundred forty-eight dollars and thirty-five cents ($858,548.35). This cost includes two hundred twenty-seven thousand six hundred fifty-eight dollars and forty-nine cents ($227,658.49) in interest costs. D. Total Area Benefited: The Project benefits a total of four hundred seventy-seven and nine-tenths (477.9) acres (see Figure 1 ). E. Building Permits: All tap-on fees must be paid prior to connection to the City's sanitary sewer. No building permits shall be issued for any parcel or tract of land located in the benefited area until the property owner or building permit applicant pays the tap-on fee for that parcel or tract. F. Schedule of Fees: The tap-on fee for the benefited area shall be one thousand seven hundred ninety- six dollars and fifty cents per acre ($1,796.50 per acre). The fee reflects the actual costs of the benefits associated with the area and is in addition to any other project specific tap-on fees established. G. Agreements With Developers: The City may, in its discretion, enter into agreements with developers subdividing property in the benefited area, to allow equalization of the tap-on fees among the lots in the subdivision, including agreement for the prepayment of tap-on fees and development sequencing. Such agreements shall not in any way alter the requirements regarding building permits set forth in Subsection E. H. Properties Exempt From Project Specific Tap-On Ordinance: This Project serves 28.6 acres of existing development in order to divert flow from an existing, undersized sewer. No tap-on fees will be charged to residents in this area, which includes the following subdivisions: Mount Prospect, Parts 1&1- B, Hollywood Manor, Parts 4&5 and Grant Wood Elementary School. I. Maps and Illustrations: 1. Figure l~eneral boundary map of the project area showing location of the benefited properties, exempt properties, and the location of the constructed Project. 2. Figure 2--Legal description of the properties benefited by the construction of the Project. 3. Figure .3--Legal description of the Project. A plat of the Project has been recorded in the office of the Johnson County Recorder as denoted in Book 2593, Page 151 and is also on file in the office of the City Engineer. Said plat is incorporated herein by reference. 4. Figure 4 City Engineer's cost certification. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this Febf'uaf'y ,2000. City Attorney's Office pweng\ord\taponfeeLssyc6.doc Ordinance No. 00-3g16 Page 3 A. It was moved by Champion and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderho.ef X Wilburn" ' First Consideration l / 1 R/DO Vote for passage: AYES: Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. NAYS: None. ABSENT: None, Second Consideration ?/1/an Vote for passage:AYES: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Date published 2/23/00 Ordinance No. 00-391-6 Figure 1 Page 3 B. GENERAL BOUNDARY MAP · klll!lllllllll,I. 41111111111111111 ~ L) ~ i " ~ Properti -' ."' Exempt~ ],.~. CIT'f OF IOWA CIT'r' CORPORATE LIMITS ~ : ~ i ; Benefitted Properties i ~ Southeast' ~:,,,.~..~ InterceptorI'~ ~,~ I ' 1" = 1 ooo' I ~// ~z_z~.~ Ordinance No. 00-3916 Page 4 FIGURE 2 Legal Description of Properties Benefited by the South Sycamore Sanitary Trunk Sewer Areas in Section 22, Township 79 North, Range 6 West of the 5th Principal Meridian: 1. The East 750 feet of the Northeast Quarter of the Southeast Quarter. 22.7 acres. 2. Beginning at the Northeast Corner of the Southeast Quarter of the Southeast Quarter; Thence West 750 feet; Thence Southeasterly to a point which is 500 feet South of said Northeast Corner; Thence North 500 feet to the Point of Beginning. 4.3 acres. Areas in Section 23, Township 79 North, Range 6 West of the 5th Principal Meridian: 1. The Northwest Quarter of the Southwest Quarter. 40.0 acres. 2. The Northeast Quarter of the Southwest Quarter. 40.0 acres. 3. The Southeast Quarter of the Southwest Quarter. 40.0 acres. 4. All of the Southwest Quarter of the Southwest Quarter except beginning at the Southwest Corner of the Southwest Quarter of the Southwest Quarter; Thence North 820 feet; Thence Southeasterly to the Southeast Corner of said Southwest Quarter of the Southwest Quarter; thence West to the Point of Beginning. 27.6 acres. 5. All of the Northwest Quarter of the Southeast Quarter except the North 500 feet of the East 575 feet thereof. 33.4 acres. 6. Beginning at the Southwest Corner of the Southeast Quarter of the Southeast Quarter; Thence North 1100 feet; Thence East 550 feet; Thence Southeasterly to the Southeast Corner of the Southeast Quarter of the Southeast Quarter; Thence West to the Point of Beginning. 23.6 acres. 7. The Southwest Quarter of the Southeast Quarter. 40.0 acres. Areas in Section 25, Township 79 North, Range 6 West of the 5th Principal Meridian: 1. The West 550 feet of the Northwest Quarter of the Northwest Quarter. 16.7 acres. 2. The West 550 feet of the Southwest Quarter of the Northwest Quarter. 16.7 acres. 3. All of the West 550 feet of the Northwest Quarter of the Southwest Quarter except beginning at the Southwest Corner of the Northwest Quarter of the Southwest Quarter; Thence North 745 feet; Thence Southeasterly to the Southeast Corner of said West 550 feet of the Northwest Quarter of the Southwest Quarter; Thence West 550 feet to the Point of Beginning. 12.0 acres. Areas in Section 26. Township 79 North, Range 6 West of the 5th Principal Meridian: 1. Beginning at the Northeast Corner of the Northeast Quarter of the Northwest Quarter; Thence South 975 feet; Thence Northwesterly to the Northwest Corner of the Northeast Quarter of the Northwest Quarter; Thence East to the Point of Beginning. 29.5 acres. 2. All of the Northwest Quarter of the Northeast Quarter except beginning at the Southwest Corner of the Northwest Quarter of the Northeast Quarter; Thence North 345 feet; Southeasterly to the Southeast Corner of the Northwest Quarter of the Northeast Quarter; Thence West to the Point of Beginning. 34.8 acres. 3. The Northeast Quarter of the Northeast Quarter. 40.0 acres. 4. All of the Southeast Quarter of the Northeast Quarter except beginning at the Northwest Corner of the Southeast Quarter of the Northeast Quarter; Thence Southeasterly to a point which is 950 feet East of the Southwest Corner of the Southeast Quarter of the Northeast Quarter; Thence West 950 feet to said Southwest Corner; Thence North to the Point of Beginning. 25.6 acres. 5. Beginning at the Northeast Corner of the Northeast Quarter of the Southeast Quarter; Thence Ordinance No. 00-3916 Page 5 South 575 feet; Thence Northwesterly to a point which is 370 feet West of said Northeast Corner; Thence East 370 feet to the Point of Beginning. 2.4 acres. LOTS SERVED BY SOUTH SYCAMORE SANITARY TRUNK SEWER. Mount Prospect Addition, Part One Lots 1 - 13 & 19 - 35 Mount Prospect Addition, Part One "B" Lots 96 - 105 28.6 acres Hollywood Manor Addition, Part Four Lots 154 - 191 Hollywood Manor Addition, Part Five Lots 192 - 201 & 205 - 213 Total Area of Properties Benefited = 477.9 acres. Ordinance No. 00-39].6 Page 6 FIGURE 3 Legal Description Of South Sycamore Sanitary Trunk Sewer A 40.00 Foot Wide Permanent Easement for the South Sycamore Sanitary Trunk Sewer, located in the Southwest Quarter of Section 23, and in the Southwest Quarter of Section 25, and in Section 26, Township 79 North, Range 6 West of the Fifth Principal Meridian, which is more particularly described as follows: Beginning at a nail found in a concrete corner post at the Northeast Corner of the Southeast Quarter of Section 26, Township 79 North, Range 6 West of the Fifth Principal Meridian, and for the purpose of this legal description, the Centerline of Sycamore Street is assumed to bear N01 °20'10"W, as recorded in Plat Book 8, at Page 41, of the Records of the Johnson County Recorder's Office; Thence S01~28'13"E, 6.42 feet; Thence N87=26'48"E, 486.65 feet; Thence S02933'12"E, 40.00 feet; Thence S87~26'48'M/, 527.41 feet; Thence N01°28'13"W, 403.17 feet; Thence N27944'33"W, 843.64 feet; Thence N03~45'15"E, 897.46 feet; Thence N37~10'25"W, 632.98 feet; Thence N85923'53"W, 621.90 feet; Thence S8891 1 '49"W, 1326.14 feet, to the West Line of the Northeast Quarter of said Section 26; Thence S87~45'11 "W, 1089.43 feet; Thence N02914'49'M/, 40.00 feet; Thence N87~45'11 "E, 1034.24 feet; Thence N01902'50"W, 1331.21 feet; Thence N01°20'10'M/, 768.80 feet; Thence N88943'02"E, 40.00 feet; Thence S01~20'10"E, 768.87 feet; Thence S01°02'50"E, 1330.47 feet; Thence N87~45'11"E, 15.63 feet, to the West Line of the Northeast Quarter of said Section 26; Thence N8891 1'49"E, 1307.11 feet; Thence N01~48'11"W, 10.00 feet, to the North Line of said Northeast Quarter; Thence N88~11 '49"E, along said North Line, 20.00 feet, to the Northwest Corner of the Northeast Quarter of said Northeast Quarter as recorded in Plat Book 7, at Page 63, of the Records of the Johnson County Recorder's Office; Thence N8891 7'12"E, along the North Line of said Northeast Quarter of the Northeast Quarter, 40.00 feet; Thence S01°42'48"E, 14.30 feet; Thence S85~23'53"E, 324.97 feet; Thence N01=42'48"W, 50.05 feet, to the North Line of said Northeast Quarter of the Northeast Quarter; thence N88917'12"E, along said North Line, 40.00 feet; Thence S01942'48"E, 54.47 feet; Thence S85923'53"E, 237.73 feet; Thence S37~10'25"E, 665.81 feet; Thence S03°45'15"W, 901.11 feet; Thence S27944'33"E, 841.70 feet, to the East Line of the Northeast Quarter of said Section 26; Thence S01928'13"E, along said East Line, 365.31 feet, to the Point of Beginning. Said tract of land contains 7.81 acres, more or less, and is subject to easements and restrictions of record. Ordinance No. 00-39'16 Page 7 FIGURE 4 COST CERTIFICATION I, Richard A. Fosse, City Engineer for the City of Iowa City, Iowa, hereby certify that construction of the South Sycamore Sanitary Trunk Sewer Project has been completed in substantial conformance with the approved plans and specifications. I further certify that the total actual cost for the South Sycamore Sanitary Trunk Sewer Project is $658,548.35 which includes $227,658.49 in interest costs. Rich/aA.'~~Foss~ City Engineer pweng\or~taponfee~ssyc6.doc Ordinance No. Page 2 fifty-eight thousand five hundred forty-eight dollars and thirty-five cents ($858,548.35).cost includes two hundred twenty-seven thousand six hundred fifty-eight dollars and forty-nine ($227,658.49) in interest costs. Area Benefited: The Project benefits a total of four hundred and nine-tenths 77.9) acres (see Figure 1 ). E. ring Permits: All tap-on fees must be paid prior to connection to th~ sanitary sewer. No permits shall be issued for any parcel or tract of land located benefited area until the owner or building permit applicant pays the tap-on fee for that pa~ or tract. F. Fees: The tap-on fee for the benefited area shall be one seven hundred ninety- six dollars fifty cents per acre ($1,796.50 per acre). The fee refle the actual costs of the benefits associated the area and is in addition to any other project specifi~ established. G. Agreements Developers: The City may, in its discretion, into agreements with developers subdividing n the benefited area, to allow equalization tap-on fees among the lots in the subdivision, includin, reement for the prepayment of tap-on and development sequencing. Such agreements shall not alter the requirements building permits set forth in Subsection E. H. Properties Exempt From Specific Tap-On This Project serves 28.6 acres of existing development in divert flow from an undersized sewer. No tap-on fees will be charged to residents in this includes the f~ subdivisions: Mount Prospect, Parts 1 &l- B, Hollywood Manor, Parts 4&5 rant Wood School. I. Maps and Illustrations: 1. Figure/--General bo~ map area showing location of the benefited properties, exempt properties, and the Project. 2. Figure 2--Legal description of the propc 3enefited by the construction of the Project. 3. Figure 3--Legal description of the Prc /~ ~ of the Project has been recorded in the office of the Johnson County Recorder as den< 2593, Page 151 and is also on file in the office of the City Engineer. 4. Figure 4--City Engineer's SECTION II. REPEALER. All ordin; and parts of in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If provision or of the Ordinance shall be adjudged to be invalid or unconstitutional, such ad shall not affect the llidity of the Ordinance as a whole or any section, provision or part thereof led invalid ~ ~nal. SECTION IV. EFFECTIVE DAT' This Ordinance shall be in after its final passage, approval and publication, as provided by law. / // Passed and approved this / day of ,1 /' / / MAYOR ,; ATTEST: R/~ CITY CLE City Att ney's Office pwe~ r n ee~syc6.doc ,/ Prepared by: Rob Winstead, Senior Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5145 ORDINANCE NO. 00-3917 AN ORDINANCE AMENDING TITLE 14, CHAPTER 3 ENTITLED "CITY UTILITIES" OF THE CITY CODE OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 14-3B-7 ENTITLED "PROJECT SPECIFIC TAP-ON FEE FOR THE 1996 HIGHLANDER LIFT STATION, FORCE MAIN AND TRUNK SEWER PROJECT" WHEREAS, Section 14-3B-1 through 14-3B-3 of the City Code of Iowa City, Iowa authorizes the City to adopt and implement project specific tap-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public utilities; and WHEREAS, collection of costs by way of a tap-on fee ordinance must be based on actual project costs; and WHEREAS, the City has completed construction of the 1996 Highlander Lift Station, Force Main and Trunk Sewer Project to serve the northeast area of Iowa City and the cost of the project is now subject to formal collection via the "tap-on fee structure"; and WHEREAS, it is in the public interest to equitably apportion the costs associated with extension of sanitary sewer to those properties benefited by the extension. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Title 14, Chapter 3 entitled "City Utilities" of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adopting a new section 14-3B-7 to read as follows: 14-3B-7: PROJECT SPECIFIC TAP-ON FEE FOR THE 1996 HIGHLANDER LIFT STATION, FORCE MAIN AND TRUNK SEWER PROJECT: A. General Project Description: 1. The 1996 Highlander Lift Station, Force Main and Trunk Sewer Project ("Project") provides sanitary sewer service to the NCS/Northgate Corporate Park area and the north slope of the area south of Interstate 80 in northeast Iowa City. The Project includes the construction of a sewerage lift station, twelve (12) manholes, two thousand seven hundred thirty (2,730) lineal feet of gravity sanitary sewer pipe ranging in size from eight inch (8") to thirty inch (30") in diameter and one thousand four hundred thirty- four (1,434) lineal feet of six inch (6") force main sewer pipe. 2. The City Council determined that installation of the Project would facilitate development of the northeast side of Iowa City as designated in Figure 1. The Project was initiated by the City of Iowa City to fulfill the City's obligation under the conditions of a CEBA grant to National Computer Systems, Inc. and to encourage compact contiguous development with sanitary sewer service provided at a reasonable cost. B. Actions Taken by City Council in Approving the Project: 1. On April 11, 1995, the City Council adopted Resolution 95-80 authorizing an agreement with Shoemaker & Haaland to design the Project. On January 16, 1996, the City Council held a public hearing on the plans, specifications, form of contract, and cost estimate. Following the public hearing the City Council passed Resolution 96-8 approving the Project and fixing the date for bids. The City Council awarded the Project construction contract to Maxwell Construction, Inc. on February 13, 1996 via Resolution 96-36. The City Council accepted the work for the Project on April 8, 1997 via Resolution 97- 105. 2, The City Council authorized the issuance of general obligation bonds as interim financing to pay the construction costs of the Project via Resolution 95-63. C. Total Project Cost: The total actual cost of the Project, as certified by the City Engineer, is six hundred twenty-three thousand ninety-three dollars and seventeen cents ($623,093.17). This cost includes one hundred sixty-six thousand six hundred fifty-five dollars and forty-four cents ($166,655.44) in interest Ordinance No. 00-3917 Page 2 costs (see Figure 5). D. Total Area Benefited: The Project benefits a total of six hundred ninety-six and seven-tenths (696.7) acres (see Figure 1 and Figure 2). E. Building Permits: All tap-on fees must be paid prior to connection to the City's sanitary sewer. No building permits shall be issued for any parcel or tract of land located in the bene~ted area until the property owner or building permit applicant pays the tap-on fee for that parcel or tract. F. Schedule of Fees: The tap-on fee for the benefited area shall be eight hundred ninety-four dollars and thirty-five cents per acre ($894.35 per acre). The fee reflects the actual costs of the benefits associated with the area and is in addition to any other project specific tap-on fees established. G. Agreements With Developers: The City may, in its discretion, enter into agreements with developers subdividing property in the benefited area, to allow equalization of the tap-on fees among the lots in the subdivision, including agreement for the prepayment of tap-on fees and development sequencing. Such agreements shall not in any way alter the requirements regarding building permits set forth in Subsection E. H. Properties Exempt From Project Specific Tap-On Ordinance: This Project serves one hundred twenty-four and one-tenth (124.1) acres of existing development previously served by a lift station removed and replaced with this project. No tap-on fees will be charged to residents in this area since these properties were assessed for the original lift station and force main by special assessment proceedings (see Figure 1 and Figure 3). I. Maps and Illustrations: 1. Figure/--General boundary map of the project area showing location of the bene~ted properties, exempt properties and the location of the constructed Project. 2. Figure 2--Legal description of the properties benefited by the construction of the Project. 3. Figure 3--Legal description of the properties exempt from the costs associated with construction of the Project. 4, Figure 4--Legal description of the Project. A plat of the Project has been recorded in the office of the Johnson County Recorder as denoted in Book 2809, Page 152 and is also on file in the office of the City Engineer, Said plat is incorporated herein by reference. 5. Figure 5--City Engineer's cost certification. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional, SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 151~h day of February ,2000. ATTEST: -~-.~-ct'Tc-'> :Z ~-~ --" CITY City Attomey's Office pweng\ord\taponfee\high7.doc Ordinance No. 00-3917 Page 3 A. ~t was moved by Champion and seconded by O'Donnell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X 0 ' Donne l l X Pfab- ' .~ X Vanderhoef X Wilbu_rn, First Consideration 1/18/00 Vote for passage: AYES: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Kanner, NAYS: None, ABSENT: None. Second Consideration 2 / 1/00 Vote for passage: AYES: Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. NAYS: None. ABSENT: None. Date published 2/23/00 Ordinance No. 00-3917 /; L~..__.~ ..... Page 3 B. ' U") I .. .... ,. ............ >-. . r',, · "T LLIZ ~,-, ,, II ' [~ I o . Ordinance No. 00-3917 Page 4 FIGURE 2 Legal Description of Properties Benefited by the 1996 Highlander Lift Station, Force Main and Trunk Sewer Project. Areas in Section 36, Township 80 North Range 6 West of the 5th Principal Meridian: 1. All of the Southeast Quarter of the Northwest Quarter lying Southeasterly of Iowa State Highway 1 Right of Way. 7.2 Acres 2. The Northwest Quarter of the Southwest Quarter lying Westerly of the Iowa State Highway 1 Right of Way. 39.5 Acres 3. The Northeast Quarter of the Southwest Quarter, excepting the Iowa State Highway 1 Right of Way. 36.0 Acres 4. The Southeast Quarter of the Southwest Quarter lying East of the Iowa State Highway 1 Right of Way and North of the Interstate Highway 80 Right of Way. 22.5 Acres 5. The Southwest Quarter of the Southwest Quarter lying West of the Iowa State Highway 1 Right of Way and North of the Interstate 80 Right of Way. 7.0 Acres 6. The Northwest Quarter of the Southeast Quarter. 40.0 Acres 7. The Northeast Quarter of the Southeast Quarter. 40.0 Acres 8. The Southeast Quarter of the Southeast Quarter. 40.0 Acres 9. The Southwest Quarter of the Southeast Quarter. 40.0 Acres 10. The Northwest Quarter of the Northeast Quarter lying Southeasterly of Iowa State Highway 1 and South of Rapid Creek Road. 14.9 Acres 11. The Northeast Quarter of the Northeast Quarter lying South of the Rapid Creek Road. 21.2 Acres 12. The Southeast Quarter of the Northeast Quarter. 40.0 Acres 13. The Southwest Quarter of the Northeast Quarter lying Southeasterly of Iowa State Highway 1. 38.2 Acres Areas in Section 31, Township 80 North Range 5 West of the 5th Principal Meridian: 1. The Northwest Quarter of the Southwest Quarter lying Southwest of Lynden Heights Road. 22.5 Acres 2. In the Northeast Quarter of the Southwest Quarter the following described land: Beginning at the Southeast Corner of the NE ~A SW !4 thence Northwesterly to a point on the West line of the NE ¼ SW ~A which point is 400 feet North of the Southwest corner of the NE ~A SW 4,4; thence Southerly 400 feet; thence Easterly 1320 feet to the Point of Beginning. 6.1 Acres 3. The Southeast Quarter of the Southwest Quarter. 40.0 Acres Ordinance No. 00-3917 Page 5 4. The Southwest Quarter of the Southwest Quarter. 40.0 Acres 5. The Southwest Quarter of the Northwest Quarter lying Southwest of Lynden Heights Road. 0.5 Acres Areas in Section 6, Township 79 North, Range 5 West of the 5th Principal Meridian: 1. In the Northeast Quarter of the Northwest Quarter a tract of land described as follows: Beginning at the Northwest corner; thence Easterly to the Northeast corner; thence Southerly 400 feet; thence Southwesterly to a point on the West line of the NE ~A of the NW ~A, which point is 790 feet South of the Point of Beginning; thence Northerly to the Point of Beginning. 18.0 Acres 2. In the Northwest Quarter of the Northwest Quarter a tract of land described as follows: Beginning at the Northwest Corner; thence Easterly to the Northeast Corner; thence South 790 feet; thence Southwesterly to a point on the West line of the NW ~A NW ¼, which point is 1060 feet South of the Point of Beginning; thence North to the Point of Beginning. 28.0 Acres Areas in Section 1, Township 79 North, Range 6 West of the 5th Principal Meridian: 1. The Easterly 725 feet of the Northwest Quarter of the Northwest Quarter lying South of the Interstate Highway 80 Right of Way. 19.7 Acres 2. The Northeast Quarter of the Northwest Quarter. 40.0 Acres 3. The Northwest Quarter of the Northeast Quarter except the Southerly 260 feet of the Easterly 500 feet. 37.0 Acres 4. The Northeast Quarter of the Northeast Quarter except the Southerly 260 feet. 32.1 Acres 5. In the Southwest Quarter of the Northwest Quarter, the Northerly 400 feet of the Easterly 725 feet. 6.7 Acres 6 In the Southeast Quarter of the Northwest Quarter, the Northerly 400 feet thereof. 12.1 Acres 7. In the Southwest Quarter of the Northeast Quarter the following described tract; the Northerly 400 feet excepting the Easterly 500 feet of the Northerly 400 feet. 7.5 Acres TOTAL AREA OF BENEFITED PROPERTIES = 696.7 Acres Ordinance No. 00-3917 Page 6 FIGURE 3 Legal Description of Properties Exempt from Tap-On Ordinance 1. The West half of the Southwest quarter of Section 36, Township 80 North, Range 6 West of the 5th P.M. lying Northerly of Interstate Highway 80 right-of-way and Westerly of Iowa State Highway 1 right- of-way and the Northerly 281 feet of the Northeast quarter of the Southwest quarter of Section 36-80- 6 lyin Westerl of Iowa State Hi hwa 1 ri ht-of-way, containing 50.1 acres more or less. ("NATIONAL C[~)YMPUTER SYSTEMS' PRE)PERL~) 2. The Northeast quarter of the Southwest quarter of Section 36, Township 80 North, Range 6 West of the 5th P.M. Westerly of Iowa State Highway 1 right-of-way, except the Northerly 281 feet, containing 2.9 acres more or less. ("PLUM GROVE ACRES, INC." PROPERTY) 3. Commencing at the Southeast corner of the Northeast quarter of the Southwest quarter of Section 36, Township 80 North, Range 6 West of the 5th P.M.; thence Westerly along the South line of said Northeast quarter 715.26 feet to the point of beginning; thence North 46°32' West 561.87 feet to the Easterly right-of-way of Iowa State Highway 1; thence Southwesterly along said right-of-way to the South line of said Northeast quarter of Southwest quarter of Section 36; thence Easterly along said line 582.94 feet to the point of beginning, containing 2.6 acres more or less. ("WILLIAM B. KRON, JR." PROPERTY) 4. The Southeast quarter of the Southwest quarter of Section 36, Township 80 North, Range 6 West of the 5th P.M. lying Northerly of Interstate Highway 80 right-of-way and Easterly of Iowa State Highway 1 right-of-way, except the following: (1) Beginning at the Northeast corner of said Southeast quarter; thence Westerly along the North line of said Southeast quarter 256.59 feet; thence Southwesterly 805.18 feet to the Northerly right-of-way of Interstate Highway 80; thence Easterly along said right-of- way to the East line of said Southeast quarter; thence Northerly along the East line of said Southeast quarter to the point of beginning; and (2) 1.20 acres platted as Highlander Development First Addition, said parcel contains 15.2 acres more or less. ("HIGHLANDER PARTNERSHIP" PROPERTY) 5. Commencing at the Northeast corner of the Southeast quarter of the Southwest quarter of Section 36, Township 80 North, Range 6 West of the 5th P.M.; thence North 189.76 feet to the point of beginning; thence North 49°06'50" West 1,186.34 feet to the Easterly right-of-way of Iowa State Highway 1; thence South 24°44'00" West along said right-of-way 267.5 feet; thence South 14°48'00" West 203.04 feet along said right-of-way; thence South 24°44'00" West 118.0 feet along said right-of-way; thence South 46032'00.. East 561.87 feet; thence Easterly along the North line of said Southeast quarter 458.67 feet; thence Southwesterly 805.18 feet to the Northerly right-of-way of Interstate Highway 80; thence Easterly along said right-of-way to the East line of the Southwest quarter of the Southeast quarter of said Section 36; thence North 0°12'00" East along the East line of said Southwest quarter 1,164.0 feet; thence South 89°26'00" West 1,309.0 feet to the point of beginning, except for 50.00 acres platted as Highlander Development First Addition, said parcel contains 2.14 acres more or less. ("M. DEAN JONES AND JOHN STEVENS, CONTRACT TO HIGHLANDER, INC., CONTRACT TO JOMAC DEVELOPMENT COMPANY" PROPERTY) 6. HIGHLANDER DEVELOPMENT FIRST ADDITION NORTHGATE DEVELOPMENT COMPANY, INC. PROPERTY. Said subdivision contains 51.2 acres more or less. TOTAL AREA OF PROPERTIES EXEMPT = 124.1 Acres Ordinance No. 00-3917 Page 7 FIGURE 4 Legal Description of 1996 Highlander Lift Station, Force Main and Trunk Sewer Project Introduction Following are legal descriptions of the location of the sanitary sewer and force main constructed with the 1996 Highlander Lift Station, Force Main and Trunk Sewer Project. These descriptions have been prepared from the information contained in the IDNR approved construction plans, the property acquisition plats and the As-Built Record Drawings of the constructed improvements. Sanitary Sewer Description Commencing at a found Concrete Monument at the NW Corner of the SW ~A of Section 36, T80N, R6W, of the 5th P.M.; Thence S89ol 6'46" E - 1324.85 feet along the North line of the NW ~A of the SW ¼ to a found pin set in concrete at the NW Corner of the NE ~A of said SW ~A; thence S89o22'32'' E - 398.27 feet along the North line of said NE ~A of the SW ~A and also being the North line of a Tract of Land described in Warranty Deed Book 370, Page 129, as recorded in the office of the Johnson County Recorder; thence S28o04'42" W - 132.79 feet to a point; thence S61 o55'18" E - 30.59 feet to the center of a new lift station wet well and the Point of Beginning of this sanitary sewer centerline description; thence S48o12'11" E - 26.25 feet along the centerline of a 24" sanitary sewer line to manhole #1; thence continuing S48o12'11" E - 123.75 feet along the said centerline of a 24" sanitary sewer line to manhole #2; thence S12o15'42" W - 130.00 feet along the centerline of a 18" sanitary sewer line to manhole #3; thence S48o54'49" E - 1140.00 feet along the centerline of an 18" sanitary sewer line to manhole #5A and the end of this centerline description. Also a description of the centerline of a 12" sanitary sewer beginning at manhole #1; thence S25o21 '49" W - 805.29 feet along the centerline of a 12" sanitary sewer line to manhole #8; thence S79o05'44'' W - 78.58 feet along the centerline of a 12" sanitary sewer line to manhole #9; thence S25o06'01" W - 395.12 feet along the centerline of a 12" sanitary sewer line to manhole #10; thence S55o42'47" E - 41.89 feet along the centerline of a 12" sanitary sewer line to an existing sewer manhole and the end of this centerline description. Force Main Description Commencing at a found Concrete Monument at the N.W. Corner of the SW ~ of Section 36, T80N, R6W, of the 5th P.M.; thence S89ol 6'46" E - 1324.85 feet along the North line of the NW ~A of the SW ~A to a found pin set in concrete at the N.W. Corner of the NE ~A of said SW ~A; thence S89o22'32" E - 398.27 feet along the North line of said NE ~A of the SW ~A and also being the North line of Tract of Land described in Warranty Deed Book 370, Page 129, as recorded in the office of the Johnson County Recorder; thence S28o04'42" W - 132.79 feet to a point; thence S61o55'18" E - 30.59 feet to the center of a new lift station wet well and the Point of Beginning of this force main centerline description; thence S42o33'03'' W - 50.63 feet along the centerline of a 6" force main line to a point; thence S18°27'47'' W - 134.31 feet along said centerline of a 6" force main line to a point; thence S25o21 '49" W - 573.49 feet along said centerline of a 6" force main line to a point; thence S70o06'01" W - 84.62 feet along said centerline of a 6" force main line to a point; thence S25o06'01'' W - 520.62 feet along said centerline of a 6" force main line to a point; thence S2o36'01 "W - 80.70 feet along said centerline of a 6" force main to an existing 6" force main and the end of this description. Ordinance No. 00-3917 Page 8 FIGURE 5 Cost Certification I, Richard A. Fosse, City Engineer for the City of Iowa City, Iowa, hereby certify that construction of the 1996 Highlander Lift Station, Force Main and Trunk Sewer Project has been completed in substantial conformance with the approved plans and specifications. I further certify that the total actual cost for the 1996 Highlander Lift Station, Force Main and Trunk Sewer Project is $623,093.17 which includes $166,655.44 in interest costs. Richa/'A~.F~osse, P.E. City Engineer pweng\ord~taponfee~high7.doc Ordinance No. Page 2 costs (see Figure 5). D. Total Area Benefited: The Project benefits a total of six hundred ninety-six and seven-tenths (696.7) acres (see,Figure 1 and Figure 2). ha r r n r properly own~ or building permit applicant pays the tap-on fee for that parcel or tract. F. Schedule of F s: The tap-on fee for the benefited area shall be eight hundred nineW-four ollars and thi~y-five cents p acre ($894.35 per acre). The fee reflects the actual costs of the beneft associated with the area and is 'n addition to any other project specific tap-on fees established. G. Agreements With velopers: The Ci~ may, in its discretion, enter into agreeme with developers subdividing prope~y i the benefited area, to allow equalization of the tap-on fees ong the lots in the subdivision, including a reement for the prepayment of tap-on fees and develop ent sequencing. Such agreements shall not in y way alter the requirements regarding building per ' s set fo~h in Subsection E. H. Propeffies Exempt From roject Specific Tap-On Ordinance: This roject sexes one hundred re t these prope~ies were asses~ for the original lift station and .~drce main by special assessment proceedings (see Figure 1 and Fi re 3). / I. Maps and Illustrations: 1. Figure f~eneral of the project area shying location of the benefited propedies, exempt prope~ies and the the constructed Project. 2. Figure 2--Legal description of the ~edies benefited,dy the construction of the Project. 3. Figure ~Legal description of the exem~;om the costs associated with construction of the Project. // 4. Figure ~Legal description of the Proj t. A p~t of the Project has been recorded in the office of the Johnson County Recorder as denote in ~ok 2809, Page 152 and is also on file in the office of th/e City Engineer.. / 5. Figure ~City Engineer's cost ce~ificatio~/ SECTION II. REPEALER. All ordinances an~'pad of ordinances in conflict with the provisions of this Ordinance are hereby repealed. /" SECTION III. SEVE~BILI~. If any sec~n, provisio or pa~ of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudicat~n shall not affe t the validi~ of the Ordinance as a whole or any section, provision or pad thereof not adju~ged invalid or unc nstitutional. SECTION IV. EFFECTIVE DATE. T~is Ordinance shall b in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ _ day of , 9__. // MAYOR ,,"/ A~EST: ' ': Ol~ GLE~ ..,' pweng\ord\taponfee~high7.doc Prepared by: Chuck Schmadeke, Public works Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5141 ORDINANCE NO. 00-39:].8 AN ORDINANCE AMENDING TITLE 14, CHAPTER 3 ENTITLED "'CITY UTILITIES"" OF THE CITY CODE OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 14-3B-8 ENTITLED "PROJECT SPECIFIC TAP-ON FEE FOR THE SCOTT BOULEVARD TRUNK SEWER PROJECT" WHEREAS, Section 14-3B-1 through 14-3B-3 of the City Code of Iowa City, Iowa authorizes the City to adopt and implement project specific tap-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public utilities; and WHEREAS, collection of costs by way of a tap-on fee ordinance must be based on actual project costs; and WHEREAS, the City has completed construction of the Scott Boulevard Trunk Sewer in 1998, to serve the southeasterly area of Iowa City and the cost of construction is now subject to formal collection via the "tap-on fee structure"; and WHEREAS, it is in the public interest to equitably apportion the costs associated with extension of sanitary sewer to those properties benefited by the extension. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Title 14, Chapter 3 entitled "City Utilities" of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adopting a new section 14-3B-8 to read as follows: 14-3B-8: PROJECT SPECIFIC TAP-ON FEE FOR THE SCOTT BOULEVARD TRUNK SEWER PROJECT: A. General Project Description: 1. The Scott Boulevard Trunk Sewer, completed in 1998, serves the southeasterly area of the City of Iowa City. The Scott Boulevard Trunk Sewer includes sanitary sewer ranging in size from 8" (eight inch) to 66" (sixty-six inch) and totaling approximately 12,000 linear feet. Also included is the removal of the Heinz Lift Station and the Village Green Lift Station. Areas currently not within the City's boundary, when annexed, will be served by this trunk sewer. 2. The City Council determined that installation of the Project would facilitate development of the southeast side of Iowa City as designated in Figure 1. 3. Certain agreements regarding the payment of tap-on fees have been negotiated between the City of Iowa City as follows: a. Subdivider's Agreement recorded at Book 1840, page 108, records of the Johnson County Recorder between the City and Village Partners in connection with the subdivision of Village Green Part 13 and applying to Village Green Part 13 and remaining portions of Village Green as described therein. b. Agreements recorded at Book 2371, Page 178, Book 2391, Page 199 and Book 2708, Page 248, Records of the Johnson County, Iowa Recorder regarding the Scott Six Industrial Park. c. Conditional Zoning and Subdivider's Agreements applying to Windsor Ridge Addition, Parts 1 through 14. B. Actions Taken by City Council in Approving the Project: 1. On November 8, 1994, the City Council adopted Resolution 94-339 authorizing an agreement with MMS Consultants to design the Scott Boulevard Trunk Sewer Project. On June 17, 1997, the City Council held a public hearing on the plans, specifications, form of contract, and cost estimate. Following the public hearing the City Council passed Resolution 97-204 approving the plans and specifications of the Project and authorizing advertisement for bids. The City Council awarded the Project construction contract to Barbarossa and Sons, Inc. on July 15, 1997 by Resolution 97-244. The City Council accepted the work for the Project improvements on July 7, 1998 by Resolution 98- 223. 2. The City Council authorized the issuance of sewer revenue bonds as interim financing to pay the construction costs of the Project by Resolution 97-181. C. Total Project Cost: The total actual cost of the Project, as certified by the City Engineer, is $3,192,582.21. This includes $904,394.24 in interest costs. D. Total Area Benefited: The Project benefits a total of one thousand eight hundred eighty (1,880) acres (see Figure 1 ). Ordinance No. 00-3918 Page 2 E. Building Permits: All tap-on fees must be paid prior to connection to the City's sanitary sewer. No building permits, final subdivision plats or final approval of planned area developments shall be issued for any parcel or tract of land located in the benefited area until the property owner or building permit applicant pays the tap-on fee for that parcel or tract. F. Schedule of Fees: The tap-on fee for the benefited area shall be one thousand six hundred ninety eight dollars and eighteen cents ($1,698.18) per acre. The fee reflects the actual costs of the benefits associated with the area and is in addition to any other project specific tap-on fees established. G. Agreements With Developers: The City may, in its discretion, enter into agreements with developers subdividing property in the benefited area, to allow equalization of the tap-on fees among the lots in the subdivision, including agreement for the prepayment of tap-on fees and development sequencing. Such agreements shall not in any way alter the requirements regarding building permits set forth in Subsection E. H.Properties Exempt From Project. Specific Tap-On Ordinance: 1. Existing platted subdivisions as of July 7, 1998 previously assessed for sanitary sewer service provided by the Heinz Lift Station and the Village Green Lift Station as follows: all BDI Additions; Village Green Addition Parts 9, 10, 11, 12; Village Green South Addition Parts 1, 2, 3A, 3B, 4A, 4B. 2. Saddle Brook Addition Part 1, an existing development already served by existing sanitary sewer. I. Maps and Illustrations: 1. Figure/--General boundary map of the project area showing location of the benefited properties and the location of the constructed project. 2. Figure 2--Legal description of the properties benefited by the construction of the Scott Boulevard Trunk Sewer Project, listing the total area in acres. 3. Figure 3---General map of properties exempt from costs associated with this project specific tap-on fee ordinance and properties subject to existing agreements with the City' for payment of tap-on fees. 4. Figure 4 Legal description of the Scott Boulevard Trunk Sewer Project. A plat of the Project has been recorded in the office of the Johnson County Recorder as denoted in Book 2818, Page 9 and is also on file in the office of the City Engineer. Said plat is incorporated herein by reference. 5. Figure 5--City Engineer's cost certification. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of February ,2000. .. CITY City Attorney's Office pweng\ord\taponfee~scott.doc Ordinance No. 00-3918 Page 3 A. It was moved by Champion and seconded by 0'Donnell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman I O'Donnell X Pfab .- X Vanderhoef X 'Wi 1 burn First Consideration 1 / 18/O0 Vote for passage: AYES: 0'Donnel 1, Pfab, Vanderhoef, Wilburn, Champion, Kanner. NAYS: None. ABSENT: None. Second Consideration 2/1/00 Voteforpassage: AYES: Lehman, 0'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Kanner. NAYS: None. ABSENT: None. Date published 2/23/00 Figure 1 Pa~e ~ B. ~ ~ . .."I:.~::F""']. , / z , I J ---- / , I , I ' I "'l ':" I , ', I I ' ~ 'L '~ ' I ~ ~ __ I ~ I I I GENE~ P~PE~ RAP ~ Co~, lR ~ ~ Benefitted Are~ = ~ ,880 ~cres Ordinance No. 00~3918 Page 4 FIGURE 2 Legal Description of Property Benefited by the Scott Boulevard Trunk Sewer Project. ASSESSMENT LEGAL DESCRIPTION Beginning at the center of Section 30, Township 79 Nodh, Range 5 West; Thence West along the South line of the Northwest quarter of said Section 30, to the West one-quarter corner of said Section 30; Thence West along the South line of the Southeast one-quarter of the Northeast one-quarter of Section 25, Township 79 North, Range 6 West; Thence North along the West line of said Southeast one-quarter of the Northeast one-quarter to the Southwest corner of the Northeast one-quarter of said Northeast one- quarter; Thence West along the South line of the Northwest one-quarter of said Northeast one-quarter to the Southwest corner of said Northwest one-quarter; Thence North along the West line of said Northwest one-quarter to the North one-quarter corner of said Section 25; Thence East along the North line of said Northeast one-quarter of the Southwest corner of the Southeast one-quarter of the Southwest one-quarter of the Southeast one-quarter of Section 24, Township 79 North, Range 6 West; Thence North along the West line of the East one half of said Southwest one-quarter of the Southeast one-quarter to the Northwest corner of the Northeast one-quarter of the Southwest one-quarter of the Southeast one-quarter of said Section 24; Thence West along the South line of the Northwest one-quarter of said Southeast one- quarter to the Southwest corner of the Northwest one-quarter of said Southeast one-quarter; Thence North along the West line of the East one-half of said Section 24, to the North one-quarter corner of said Section 24; Thence North along the West line of the Southwest one-quarter of the Southeast one-quarter of Section 13, Township 79 North, Range 6 West to the Northwest corner of said Southwest one-quarter of the Southeast one-quarter; Thence East along the North line of the South one-half of the Southeast one-quarter of said Section 13, to the Southeast corner of the Northeast one-quarter of said Southeast one-quarter; Thence North along the East line of said Southeast one-quarter, to the West one-quarter of Section 18, Township 79 North, Range 5 West; Thence East along the North line of the Southwest one- quarter of said Section 18, to the Southwest corner of the Southeast one-quarter of the Southeast one- quarter of the Northwest one-quarter of said Section 18; Thence North along the West line of the East one half of said Southeast one-quarter of the Northwest one-quarter, to the Northwest corner of the Northeast one-quarter of said Southeast one-quarter of the Northwest one-quarter; Thence East along the South line of the North one half of the North one half of said Section 18, to the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18; Thence North along the West line of said Northeast one-quarter of the Northeast one-quarter, to the Northwest corner of said Northeast one-quarter of the Northeast one-quarter; Thence East along the North line of said Northeast one-quarter, to the Northeast corner of said Section 18; Thence East along the North line of the Northwest one-quarter of Section 17, Township 79 North, Range 5 West, to the Northeast corner of the Nodhwest one-quarter of the Northeast one-quarter of said Section '17; Thence South along the East line of the West one half of the West one half of said Section 17, to the Southeast corner of the Northwest one-quarter of the Southwest one-quarter of said Section 17; Thence West along the South line of said Northwest one-quarter of the Southwest one-quarter to the Southwest corner of said Northwest one-quarter of the Southwest one- quarter; Thence South along the West line of the Southwest one-quarter of said Section 17, to the Southwest corner of said Section 17; Thence South along the East line of Section 19, Township 79 North, Range 5 West to the Southeast corner of the Northeast one-quarter of the Southeast one-quarter of said Section 19; Thence West along the South line of said Northeast one-quarter of the Southeast one-quarter, to the Southwest corner of said Northeast one-quarter of the Southeast one-quarter; Thence South along the East line of the Southwest one-quarter of said Southeast one-quarter, to the Southeast corner of said Southwest one-quarter of the Southeast one-quarter; Thence South along the East line of the Northwest one-quarter of the Northeast one-quarter of said Section 30 to the Southeast corner of said Northwest one-quarter of the Northeast one-quarter; Thence West along the South line of said Northwest one-quarter of the Northeast one-quarter, to the Southwest corner of said Northwest one-quarter of the Northeast one- quarter; Thence South along the West line of the Northeast one-quarter of said Section 30, to said Point of Beginning, containing 1880 acres more or less. Ordinance No. 00-3918 Page 5 FIGURE 3 Properties Exempt From This Project Specific Tap-On Fee Ordinance And Property Subject to Existing Agreement with City for Payment of Tap-On fees ~.~H~.:~-.-----~,.~,..~~{ ....._.._..--_... ..... ? .- . ml:mmamm__: · __ · I_- · WINDSOR J i · RIDGE · ADDITION · PARTS 1 · through 14 VILLAGE ~ GREEN .. · ~ A "' · ADDITION / _ ~ ...... · PARTS ~" ,~ - · · '/ VILLAGE G,REEN SOUTH VmLLAGE PARTS-3~~ 3B, 4A & 4B i I GREEN ' ' ' "' '= -. · SOUTH ~" -" ," · PARTS · 1&2 · B.D.I. ;':"'?!:;:"" · (All Parts) -," .' ~ _ -- · ..... ..~__......~_.-... I -- , -, , · ::,'.;, ' [~"=~'~ """"'"'"'""""""""""""""""' 1' SADDLEBROOK ADDITION PART 1 SCOTT-SIX INDUSTRIAL PARK ADDITION Ordinance No. 00-3918 Page 6 FIGURE 4 Legal Description of Scott Boulevard Trunk Sewer Project The Centerline Alignments of the Scott Boulevard Trunk Sewer Project located in the North one half of Section 25, Township 79 North, Range 6 West, the East one half of Section 24, Township 79 North, Range 6 West and the West one half of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa, which is more particularly described as follows: Alignment No. 1 Commencing at the West one quarter corner of Section 25, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N88°36'00"E along the South line of the Northwest one quarter of said Section 25, a distance of 1071.33 feet; Thence N00°00'00"E, 755.56 feet to an existing manhole in a structure, and the Point of Beginning of Alignment No. 1 of the Scott Boulevard Trunk Sewer Project; Thence N77°12'13"E, along said centerline, 355.02 feet; Thence N82°54'06"E, along said centerline, 496.69 feet; Thence S74°05'54"E, along said centerline, 631.22 feet; Thence N79°54'04"E, along said centerline, 568.78 feet; Thence N64°54'06"E, along said centerline, 67.95 feet; Thence N38°54'06"E, along said centerline, 304.80 feet; Thence N68°54'04"E, along said centerline, 64.00 feet; Thence S81 °05'56"E, along said centerline, 208.00 feet; Thence S51°05'56"E, 80.00 feet; Thence S21°05'56"E, along said centerline, 240.00 feet; Thence S43°35'56"E, along said centerline, 48.00 feet; Thence S66°05'56"E, along said centerline 48.00 feet; Thence S88°35'56"E, along said centerline, 48.00 feet; Thence N68°54'04"E, along said centerline, 329.54 feet; Thence N42°54'04"E, along said centerline, 802.66 feet; Thence N31053'52"E, along said centerline, 550.93 feet; Thence N10°23'52"E, along said centerline, 32.00 feet; Thence N11°06'08"W, along said centerline, 456.00 feet; Thence N11°23'52"E, along said centerline, 32.00 feet; Thence N33053'52"E, along said centerline, 397.83 feet; Thence N33°53'33"E, along said centerline and crossing under U.S. Highway No. 6, a distance of 354.88 feet; Thence N03°14'22"E, along said centerline, 942.45 feet; Thence N51°09'51"E, along said centerline, 203.07 feet; Thence N00°13'57"E, along said centerline, 715.91 feet; Thence N28°52'10"E, along said centerline, 461.37 feet; Thence N01°33'45"W, along said centerline, 439.23 feet; Thence N24°58'18"E, along said centerline and crossing under the Heartland Rail Corporation railroad tracks, 160.00 feet; Thence N31 °15'52"E, along said centerline, 254.44 feet; Thence N53°55'19"E, along said centerline, 181.25 feet to the Point of Termination of Alignment No. 1 of the Scott Boulevard Trunk Sewer Project. Alignment No. 2 Commencing at the West one quarter corner of Section 25, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N88°36'00"E along the South line of the Northwest one quarter of said Section 25, a distance of 1071.33 feet; Thence N00°00'00"E, 755.56 feet to an existing manhole in a structure; Thence N77°12'13"E, along said centerline, 355.02 feet; Thence N82°54'06"E, along said centerline, 496.69 feet; Thence S74°05'54"E, along said centerline, 631.22 feet; Thence N79°54'04"E, along said centerline, 568.78 feet; Thence N64°54'06"E, along said centerline, 67.95 feet; Thence N38°54'06"E, along said centerline, 304.80 feet; Thence N68°54'04"E, along said centerline, 64.00 feet; Thence S81 °05'56"E, along said centerline, 208.00 feet; Thence S51°05'56"E, 80.00 feet; Thence S21°05'56"E, along said centerline, 240.00 feet; Thence S43°35'56"E, along said centerline, 48.00 feet; Thence S66005'56"E, along said centerline 48.00 feet; Thence S88°35'56"E, along said centerline, 48.00 feet; Thence N68°54'04"E, along said centerline, 329.54 feet; Thence N42°54'04"E, along said centerline, 802.66 feet; Thence N31°53'52"E, along said centerline, 550.93 feet; Thence N10°23'52"E, along said centerline, 32.00 feet; Thence N11°06'08"W, along said centerline, 456.00 feet; Thence N11°23'52"E, along said centerline, 32.00 feet; Thence N33°53'52"E, along said centerline, 397.83 feet; Thence N33°53'33"E, along said centerline and crossing under U.S. Highway No. 6, a distance of 354.88 feet; Thence N03°14'22"E, along said centerline, 942.45 feet; Thence N51°09'51"E, along said centerline, 203.07 feet; Thence N00°13'57"E, along said centerline, 715.91 feet to the Point of Beginning of Alignment No. 2 of the Scott Boulevard Trunk Ordinance No. 00-3918 Page 7 Sewer Project; Thence N78°15'17"W, along said centerline and under Scott Boulevard, 421 o00 feet; Thence N73°14'06"W, along said centerline, 283.28 feet; Thence N01°02'49"E, along said centerline, 452.41 feet; Thence N16°32'49"W, along said centerline, 356.31 feet; Thence N05°28'57'M/, along said centerline, and under Heinz Road and the Headland Rail Corporation railroad tracks, 601.00 feet; Thence N62°26'23"W, along said centerline, 274.41 feet to the Point of Termination of Alignment No. 2 of the Scott Boulevard Trunk Sewer Project. Ordinance No. 00-39].8 Page 9 FIGURE 5 Cost Certification I, Richard A. Fosse, City Engineer for the City of Iowa City, Iowa, hereby certify that construction of the Scott Boulevard Trunk Sewer Project has been completed in substantial conformance with the approved plans and specifications. I further certify that the total actual cost for the Scott Boulevard Trunk Sewer Project is $3,192,582.21 which includes $904,394.24 in interest costs. Rich/a~A.F~osse, P.E. City Engineer pweng\ord\taponfee~scott.doc Ordinance No, Page 2 E, Building'\,Permits: All tap-on fees must be paid prior to connection to the City's sanitary sewer. No ' building p~rmits, final subdivision plats or final approval of planned area developments shall be issued for any ,parcel r tract of land located in the benefited area until the property owner or building per ' dollars and eigh en cents ($1,698.18) per acre. The fee reflects the actual costs of the enefits G.·i · ·.t.h,?;· · subdividing benefited area, to allow equalization of the tap-on fees amo the .lots in the i E. "-. H. Prope~ie~ Exempt From Pr~ect Specific Tap-On Ordinance: 1. Existing pla~ed subdivisi~ as of July 7, 1998 previously assessed ~ sanita~ sewer seNice provided by the Heinz Lift S~tion and the Village Green Lift Station ~ follows: all BDI Additions; Village Green Addition Pa~s 9,'~0, 11, 12; Village Green South Additi Pa~s 1, 2, 3A, 3B, 4A, 4B. 2. Saddle Brook Addition Pa~ 1, a~'~xisting development already se~ by existing sanita~ sewer. I. Maps and Illustrations: 1. Figure/--General bounda~ map o~. the project area showing cation of the benefited prope~ies and the Io~tion of the constructed pro~ct. 2. Figure 2--Legal description of the prop~ies bene~ted by t e construction of the Scott Boulevard Trunk Sewer Project, listing the total area in,acres. 3. Figure ~General map of prope~ies exempl from cos~ ssociated with this project specific tap-on fee ordinance and prope~ies subject to exis[~g agre ents with the City' for payment of ~ap-on fees. '~-. 4. Figure ~Legal description of the Scott Bouleva~ runk Sewer Project. A plat of the Project has 4. Figure ~i~ Engineer's cost ce~ification~ SECTION II, REPEALER. All ordinances and of ordinates in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVE~BILI~, If any sectio , provision or pa~ of e Ordinance shall be adjudged to be SECTION IV. EFFECTIVE DATE. ~Is Ordinance shall be in effect a~ its final passage, approval and publi~tion, as provided by law. ,,,' Passed and approved this ,,/'~ day of ,19 . MAYOR z-""' A~2~ ¢ERK e pweng~ord~nfee~.doc