HomeMy WebLinkAbout2006-01-17 Resolution
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Prepared by Susan Dulek, Ass'!. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030
RESOLUTION NO. 06 16
RESOLUTION RESCINDING RESOLUTION NO. 97-21 AND
ADOPTING A FEE SCHEDULE AND DEPOSIT REQUIREMENTS FOR
USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES.
WHEREAS, in Resolution No. 97-21, City Council adopted a fee schedule and deposit
requirements for sidewalk cafes;
WHEREAS, City Council passed Ordinance No. 06-4195 amending the sidewalk cafe
provisions to allow initial easement agreements to be for a term of less than one year;
WHEREAS, if the initial agreement is for less than one year in length, the fees should be
prorated;
WHEREAS, the current fee schedule does not allow for the prorating of fees;
WHEREAS, the fees and deposit requirements in Resolution No. 97-21 should not be
amended except to provide for the prorating of fees; and
WHEREAS, the City desires to adopt a new fee schedule and deposit requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA THAT:
1. Resolution No. 97-21 is rescinded in its entirety.
2. The following fee schedule and deposit requirements are hereby established
for use of the public right-of-way by sidewalk cafes:
a. Annual fee for sidewalk cafes located directly on the public right-of-
way: $5.00 per square foot.
b. Annual fee for sidewalk cafes located on a structure/platform placed
on the public right-of-way: $10.00 per square foot.
c. Deposit for sidewalk cafes which place anchored fencing in the public
right-of-way: $200.00. This deposit shall be refunded if the sidewalk
is restored to its prior condition by the sidewalk cafe owner to the
satisfaction of the City.
d. Deposit for sidewalk cafes which place a structure/platform on the
public right-of-way, regardless of whether anchored fencing is used:
$500.00. This deposit shall be refunded if the structure/platform is
removed, and the sidewalk is restored to its prior condition by the
sidewalk cafe owner to the satisfaction of the City.
Resolution No.
Page 2
06-16
e.
If the initial easement agreement is for less than one year, the fees
listed in Paragraphs a and b above shall be prorated on a quarterly
basis.
Passed and approved this 17th day of
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MAYOR ~
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CITY ERK
ApprovEid by: ~~
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City Attorney's Office
Resolution No.
Page 1
06-16
It was moved by Champion and seconded by
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
Correia
the Resolution be
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn