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HomeMy WebLinkAbout2001-02-06 Ordinance Prepared by: Susan Dulek, Assistant City Attorney; 410 E, Washington St.; Iowa City, IA 52240; (319) 356-5030 ORDINANCE NO. ~,MENDING CITY CODE TITLE 14, ENTITLED "UNIFIED DEVELOPI~ ," CHAPTER 5, E "BUILDING AND HOUSING," BY ADDING A NEW ARTICLE K El "CONDOMINIUM TO ESTABLISH PROCEDURES FOR CONVERSION OF STRUCTURES TO HC )PERTY REGIMES (CONDOMINIUMS). WHEREAS, April 25, 2000, state law (S.F. 2426) req an existing structure is to be converted to >ntal property regime (condominium), the declaran the declaration with the city in which the e is located so the city's building department ca he structure; WHEREAS, S.F. irther requires that the existing structur not be converted to a horizontal property regime unless city's building requirements in effect < he date of conversion are met; WHEREAS, the City believes that it is in the best of the City of Iowa City to establish a procedure to fulfill the 2426. NOW, THEREFORE. BE ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. A~ ,14, entitled "Un Development Code," Chapter 5 entitled "Building and Housing," Article K, Con Code" of the City Code is hereby amended as follows: (a) All declarations to co to a horizontal property regime shall be filed with the City Clerk. (b) Upon firing, the City Clerk will provide of the declaration to the Building Official. (c) Before any inspection is conducted, the (1) Submit "as-built" plans for ~e Building Official that indicate compliance with the City Building Ci~de requirements conversion; and (2) Pay condominium (d) After "as-builts" are submitted the Building Official shall conduct site and building inspections to determine whethE 3lies with the City Building Code requirements in effect on the date of the conve (e) Within sixty (60) days of the i bein, the City Clerk, the Building Official shall issue a Certificate of Compliance City Building Code requirements in effect on the date of the conversion or provide written notificationhe declarant stating why the structure does not . -. ede,eoftheconve,sio.. , o, any prov,s,on o, this ord.nance ,sa municipal infraction. SECTION IV. SEVERABILITY. If any section, provision or of the Ordinance shall be adjudged to be invalid or unconstitutiona(, such adjudication s not affect didity of the Ordinance as a whole or any section, provision or paF( thereof not adjudg, ~nal. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in, its final passage, approval and publication, as provk;~ed by law. Passed and aplSroved this day of I1. MAYOR / ATI'EST: / ITY CLERK City Attorney's Office sue',ord&res~condoconvrddoc T/II Prepared by: Eleanor M. Dilkes, City Attorney; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5030 ORDINANCE NO. 01-3955 AN ORDINANCE TO LIMIT THE AMOUNT A PERSON MAY CONTRIBUTE TO MUNICIPAL ELECTION CAMPAIGNS. WHEREAS, as stated by the United States Supreme Court in Nixon v. Shrink Missouri Government PAC, 120 S. Ct 897 (2000), "there is little reason to doubt that sometimes large contributions will work actual corruption with our political system, and no reason to question the existence of a corresponding suspicion among voters."; and, WHEREAS, the City Council relies on the evidence and findings accepted in the Supreme Court's decision in Buckler v. Valeo, 424 U.S. 1 (1976) that large contributions lead to corruption and the appearance of corruption; and WHEREAS, the City Council has an interest in preventing corruption, including both the threat and appearance of corruption in municipal elections, and believes a limit on campaigns contributions will further that limit; and, WHEREAS, the City of Iowa City has a long history of limiting the amount any one person can contribute to a candidate for municipal office, a history which has prevented the appearance of corruption resulting from large contributions; and WHEREAS, in the 1999 City Council election. only four persons, excluding spouses. contributed more that $100 to any individual candidate; and, WHEREAS, a limit of $100 per election would not prevent a candidate from amassing the resources necessary for effective advocacy. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. DEFINITIONS. (a) "Campaign function" means any meeting related to a candidate's campaign for election. (b) "Candidate" means any individual who has taken affirmative action to seek nomination or election to a municipal public office. (c) "Candidate's committee" means the committee designated by the candidate to receive contributions in excess of five hundred dollars in the aggregate, expend funds in excess of five hundred dollars in the aggregate, or incur indebtedness on behalf of the candidate in excess of five hundred dollars in the aggregate in any calendar year. (d) "Contribution" means: 1. A gift, loan, advance, deposit, rebate, refund, or transfer of money or a gift in kind. 2. The payment, by any person other than a candidate, of compensation for the personal services of another person which are rendered to a candidate for any such purpose. "Contribution shall not include a person's time donated to aid or promote a candidate's nomination for election. "Contribution" shall not include refreshments served at a campaign function so long as such refreshments do not exceed fifty dollars in value or transportation provided to a candidate so long as its value computed at a rate of twenty cents per mile does not exceed one-hundred dollars in value in any single election. "Contribution" shall not include something provided to a candidate for the candidate's personal consumption or use and not intended for or on behalf of the candidate's committee. (e) "Election" means any primary, general, or special election held in the City. (f) "Municipal public off~ce" means the City Council. (g) "Person" means, without limitation, any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, labor union, political action committee, or any other legal entity. SECTION II. LIMITATION ON CAMPAIGN CONTRIBUTIONS BY PERSONS. With regard to elections to fill a municipal public office: (a) No person shall make, and no candidate or candidate's committee shall solicit or accept, any contribution which will cause the total amount contributed by any such contributor with respect to a single election in support of or opposition to such candidate, to exceed one hundred dollars ($100.00). (b) A person shall not make a contribution in the name of another person, and a person shall not knowingly accept a contribution made by one person in the name of another. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction. SECTION IV. 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. Ordinance No. 01-3955 Page 2 SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and A db .~~ City Attorney's Office Sue~Ord&Res\Cam Contr Ord Ordinance No. 01-3955 Page 3 It was moved by W ~ 1 bu r'n and seconded by 0 'Donne 1 ] that the Ordinance as mad be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell ~ Pfab X Vanderhoef X Wilbum First Consideration ]./9/03. Voteforpassage:AYES: Wilbur-n, Champion, Kannet', Lehman, 0'Donne'l}, Pfab, Vanderhoef. NAYS: None. ABSENT: None. SecOnd Consideration Voteforpassage: AYES: Wi~bu~'n, Champion, Kanne~', Lehman, 0'Donne3'l, Vandet'hoef. NAYS: None. ABSENT: Pfab. Date published 2/3.4/0]. Prepared by: Madan Karr, City Clerk, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. 01-3956 AN ORDINANCE TO ADOPT THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, 2001, AKA "CITY CODE." WHEREAS, Section 380.8 of the Code of Iowa, 1989, requires that at least once every five years a city shall adopt a code of ordinances; and, WHEREAS, on July 5, 1994 the City Council adopted the City Code of Iowa City, Iowa; and, WHEREAS, the City of Iowa City adds new ordinances and amendments upon passage by supplementation to the City Code itself; and, WHEREAS, if a proposed code of ordinances contains only existing ordinances which have been edited and compiled without substantive changes, the council may adopt such code without notice of public hearing; and, WHEREAS, it is now appropriate to adopt a code of compiled and existing ordinances under the statute, without any substantive changes proposed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. From and after the date of passage of this Ordinance, the City Code of the City of Iowa City, Iowa, prepared by Sterling Codifiers, Inc., containing compilation of all ordinances of a general nature together with the changes made to said ordinances, under the direction of the governing body of the City, shall be accepted in all courts without question as the Official Code and Law of the City as enacted by the City Council, and shall hereafter be referred to as "The City Code". SECTION II. It is hereby adopted, as a method of perpetual codification, the loose-leaf type of binding together with the continuous supplement service, provided by Sterling Codifiers, Inc., whereby each newly adopted ordinance of a general and permanent nature amending, altering, adding or deleting provisions of the official City Code is identified by the proper catchline and is inserted in the proper place in each of the official copies, three (3) copies of which shall be maintained in the office of the City Clerk, certified as to correctness and available for inspection at any and all times that said office is regularly open. SECTION III. It shall be unlawful for any person, firm or corporation to change or amend, by additions or deletions, any part or portion of the City Code, or to insert or delete pages or portions thereof, or to alter or tamper with the City Code in any manner to cause the law of the City to be misrepresented. SECTION IV. All ordinances or parts of ordinances in conflict herewith, are, to the extent of such conflict, hereby repealed. Ordinance No. 01-3956 Page 2 SECTION V~ A code of ordinances, containing only the current and existing ordinances edited and compiled without change in substance, shall be and hereby is adopted as the City Code, 2001. Passed and appmved this 61:h day of Febr'uat*y ,20 01 City Attorney's Office de~o,d/dtycode0~.dcc Ordinance No. 01-3956 page 3 It was moved by ChamDi on and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 1 / 9 / 01 Voteforpassage: Vanderhoef, Champion, Kanner, Lehma'n, O'Donnell, Pfab, Wilburn. NAYS: None. ABSENT: NSne. Se~nd Consideration 1/16/01 Voteforpassage: AYES: WilbuPn, Champion, Kanner, Lehman, O'Donne11, Vanderhoef. NAYS: None. ABSENT: Pfab. Date published 2/14/01