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