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HomeMy WebLinkAbout2010-08-17 Ordinance:.a :~_ ~~ Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, ENTITLED CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, ,RATES, CHARGES, BONDS, FINES, AND ~~ PENALTIES," SECTION 3-4-5, ENTITLED SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2009), the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by approximately 3.3% on the first full billing sent after the adoption and publication of this ordinance, to adequately finance operational costs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by: Changing the charge for residential solid waste collection from $15.00 to $15.50 per dwelling unit, and 2 rooming units, per month; and from $3.60 to $4.10 per unit for curbside recycling. 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 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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 effective on the first full billing sent after the adoption and publication of this ordinance. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Ap roved by City Attorney's Office L~ /~ ~ /~ ~ Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 7/12/2010 Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration _ 8 / 17 / 2010 Vote for passage: AYES: Dickens, Hayek, Mims, Wright, Bailey, Champion. NAYS: None. ABSENT: Wilburn. Date published ~' Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," BY REPEALING SUBSECTIONS 5-2-2, "TAXICAB BUSINESS LICENSE; VEHICLE DECALS," AND 5-2-4, "VEHICLE INSPECTION REQUIRED," IN THEIR ENTIRETY AND REPLACING THEM WITH NEW SUBSECTIONS; AND AMENDING 5-2-7 TO PROVIDE PROVISIONS FOR RATE CHANGES. WHEREAS, City Code section 5-2-2 establishes requirements for operating a taxicab business and 5- 2-4 outlines requirements for taxicab vehicle inspections; and WHEREAS, 5-2-7 set out provisions for rates and rate changes; and WHEREAS, City Council wishes to increase minimum qualifications to operate a taxicab business, require taximeters in each taxicab, and outline procedures for rate changes; and WHEREAS, it is in the best interest of the City to adopt new regulations for "taxicabs". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," is hereby amended by deleting in their entirety subsections 5-2-2 and 5-2-4 and adding new subsections as follows: 5-2-2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS. A. APPLICATION: Each applicant for a taxicab business license shall file an application with the City Clerk on forms provided by the City, which shall be verified and shall furnish the following information: 1. The name and address of each person with an ownership interest in the company wishing to operate a taxicab business. 2. The experience of the applicant in the transportation of passengers. 3. The record of convictions of misdemeanors and/or felonies, including moving and nonmoving traffic violations, and certified state of Iowa criminal history and certified state of Iowa driver's record for each person identified in subsection Al of this section. 4. The signature of all persons with an ownership interest in the business. 5. Such pertinent information as the City may require. B. MINIMUM QUALIFICATIONS: Each taxicab business shall meet the following minimum requirements: 1. Except for pedicabs, horse drawn vehicles, and airport shuttles, provide taxicab service to the public 24 hours a day, 7 days a week, and have a business office location and phone that is answered 24 hours a day, 7 days a week. All dispatching shall be done from the office. 2. Except for pedicabs, horse drawn vehicles, and airport shuttles, provide a minimum of four (4) qualified licensed taxicab vehicles of which a minimum of one vehicle shall be in operation at all times. All taxicabs must comply with the vehicle. requirements of this Chapter. 3. Provide a certificate of liability insurance in accordance with this Chapter. 4. Meet all applicable zoning ordinance regulations and other city regulations. 5. Except for pedicabs and horse drawn vehicles, maintain manifest logs and provide manifest logs to the City upon request. C. BUSINESS LICENSE. Ordinance No. Page 2 1. Issuance or Denial of Business License: If the City Clerk finds that the applicant has fully complied with the requirements of this Chapter and the Police Chief or Chief's Designee has determined that there is no information which would indicate that the issuance of the license would be detrimental to the safety, health or welfare of residents of the city, the City Clerk shall issue a license to conduct a taxicab business. 2. Revocation of Business License: If the city clerk subsequently finds that the taxicab business is not in full compliance with the requirements of this chapter or if the police chief or chief's designee finds that continued operation of the taxicab business would be detrimental to the safety, health or welfare of residents of the city, the city clerk may revoke the license to conduct a taxicab business as provided in section 5-1-5 of this title. D. DECALS 1. Application Forms: Each applicant shall also file an application for a decal for each taxicab with the City Clerk on forms provided by the City. 2. Attachment Of Decal: No taxicab shall be operated on any street within the city unless a decal has been issued by the city clerk. The decal shall be attached to the lower corner of the front windshield on the passenger side. Pedicabs or horsedrawn vehicles shall display the decal on the left rear of the vehicle. 3. Issuance Or Denial Of Decal; Nontransferability: a. If the City Clerk finds that the applicant has fully complied with the requirements of this Chapter and the City Equipment Superintendent or Designee determines that there is no information which would indicate that issuance of the decal would be detrimental to the safety, health or welfare of residents of the city, the City Clerk shall issue a decal for the taxicab. b. The decal shall be nontransferable as between vehicles and taxicab businesses. c. Decals will be issued by the city clerk on the next business day at least 24 hours after the filing of a completed application for such decal with the city clerk. 5-2-4: VEHICLE INSPECTION REQUIRED: A. Each applicant for issuance or renewal of a taxicab decal shall submit with the application a current certificate of inspection issued by the City Equipment Superintendent or designee. Such certificate shall be valid for forty five (45) days from the inspection. Each vehicle governed by this article shall be subject to an annual inspection, and no vehicle shall pass inspection unless it complies with this chapter and the vehicle equipment requirements of the code of Iowa. All inspections shall consist of the following: (1) All taxicabs shall be inspected for compliance with the requirements of this Chapter, excluding pedicabs and horsedrawn vehicles, as follows: a. Exterior. Headlights, taillights, brake lights, directional signal lights, reverse light operation, hazard light operation, marker lights (including parking and side marker), operation of license plate lights, windshield, windshield washers, windshield wipers, including rear wiper if so equipped, vent glasses, all other vehicle glass, glass window raisers, doors and door locks, trunk lid, trunk hood, and interior door handles, exhaust system, splash shields, bumpers, fenders, mirrors including rearview and outside mirrors and attached lighted dome light, body and tires shall be inspected to ascertain that each is functioning properly. Each taxicab shall be maintained in a reasonably clean condition. There shall be no tears or rust holes in the vehicle body and no loose pieces such as fenders, bumpers or trim hanging from the vehicle body. There shall be no unrepaired body damage which would create a safety problem or interfere with the operation of the vehicle. b. Interior. The rearview mirror, foot brakes, parking brakes, seat belts, horn operation, passenger interior light and air conditioning and heating systems shall be inspected to ascertain that each is functioning properly. The upholstery, floor mats, head lining, door panels and the trunk compartment shall be inspected to determine whether they are clean, free of tears, and that the trunk has sufficient space for passengers' luggage. Each vehicle must be equipped with a taximeter that is in good operating order, and has been calibrated and sealed by a certified calibrator. Dated documentation must be Ordinance No. Page 3 provided to the city equipment superintendent, on a form provided by the city, with each inspection and filed with the city clerk when the inspection is completed. Calibration date must be within 30 days prior to the annual inspection. Signage must be conspicuously displayed on the inside of a vehicle that states "If the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare available upon request." B. The city equipment superintendent or designee may require re-inspection of a vehicle on belief that a vehicle is not mechanically fit. In the event any vehicle is determined by the city equipment superintendent or designee not to be mechanically fit, the decal shall be confiscated and returned to the city clerk. After reinspection and determination that the vehicle meets the standards of mechanical fitness, a new decal will be issued and charged as established by council resolution. The police chief or designee may require reinspection of a vehicle on belief that a vehicle is in such unsafe condition as to endanger any person. In the event any vehicle is determined by the police chief or designee to be in such unsafe condition as to endanger any person, the decal shall be confiscated and returned to the city clerk. Once notified, the licensee must have the vehicle reinspected within two (2) business days, and a new decal will be provided at no charge. If the licensee fails to have the vehicle reinspected or the vehicle fails reinspection within two (2) business days, the licensee must apply for a new decal and will be charged the fee established by council resolution. 5-2-7: RATES; HOURS; COMPLAINTS: 3. Rates must be based on time, distance, or a combination thereof. A rate based on distance includes destination rates. A rate based on time must utilize a taximeter. All other rates, charges, or fees, except for extra rider stipulations and clean up rates, are prohibited. 4. No owner or driver of a taxicab shall charge a greater sum for the use of a taxicab than in accordance with the rate card on file in the office of the city clerk. 5. Whenever the owner of a taxicab business desires to change the rate charged, the owner shall file a rate card with the city clerk setting forth the new rates. The business must have all taximeters re- calibrated by a certified calibrator on a form provided by the city and returned to the city clerk no later than 10 business days after filing the new rates with the city clerk. The taximeter must be re-calibrated no sooner than the filing date of a rate card change and no later than 10 business days after said filing date. Failure to have all taximeters in all vehicles re-calibrated as required shall result in the city clerk recommending revocation of the taxicab business license. B. The City may require verification of a certified calibration for taximeters without prior notice for the purpose of ensuring compliance with this chapter. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 apply to taxicab business licenses effective March 1, 2011 and inspections that apply to licenses issued for the time period beginning March 1, 2011. Passed and approved this day of , 2010. MAYOR ATTEST: Ap d b ~~~~ ~-td~~p CITY CLERK City Attorney's Office clerWord2010(4).doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 8/17/2010 Vote for passage: AYES: Mims, Wilburn,Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Page 1 of 3 ~-'~' Marian Karr From: CHRISTOPHER BERGAN [ccharlesic@msn.com] Sent: Thursday, August 05, 2010 12:19 PM To: Council; Marian Karr Subject: Taxi-cab Policy changes Greetings Council Members and Ms. Karr, As a taxi driver, I consider myself part of afor-profit public transportation industry. Moderate regulation of this portion of the community is certainly needed -and welcomed. I hope these suggestions come early enough before the Aug 17 meeting to receive your consideration while drafting the new Taxi ordinances. I've both driven and dispatched taxi in Iowa City for 8 years now (Old Capitol Cab and Marco's Taxicab) and feel that I understand each of these issues well. As I will try to be brief, please feel free to contact me should you want any further clarification my opinions: CCharlesIC@msn.com or phone at 325-5010. Rates and taximeters Many people have the false impression that meters are a safeguard against dishonesty -they're wrong! Meters, while a good idea, do nothing to ensure appropriate rates are charged. Only honest cabbies can do that. L.A. TV station NBC4 had an expose on taxi meter fraud several years ago -please, look at this link: http://www.youtu be.com/watch?v=TIAdktrVgis Here's a more recent example of taxi fraud: http://www.youtube.com/watch? v=gpD5L8QVBmQ&feature=related Personally, I've come to like the meter: Fares have the money ready without my asking for it. And if there is a problem, most drivers want to clear it up immediately and protect the business relationship. There used to be an online form for people to use should problems with cabbies occur. The online-form might be a good idea again. Allowing companies to set their own basic rates encourages competition and ultimately keeps prices slightly lower -which is good for customers. You may not know that Special Event Rates are necessary because, as the traffic flow comes to a near standstill near the event, drivers are getting paid the same commission rate for a much more stressful situation. Drivers are not paid an hourly wage! Hotels and airlines often vary prices for an event. Englert and Carver-Hawkeye vary rates (movies, concerts by grammy winners or local artists, U of I girls basketball, State H.S. wrestling championships) and so should the taxi industry. Yes, charging $30 to Coralville or $50 to N. Liberty is outrageous. I would suggest a cap on event rates, maybe $6 per person, would be a nice compromise. Require dispatching from station or office With 15+ companies, there's enough competition in Iowa City to allow the cream to rise to the top -and eliminate the "sour milk" of our community. Each taxi company should have a dispatch office, or base, with a listed land-line phone and be staffed 24/7. Call forwarding out of the office should only be allowed for public holidays (to spend with family). I've dispatched from an office for a few years now, and it makes a huge difference in better customer service. No dispatching from vehicles We initially tried this at Marco's, in fact I've dispatched from the vehicle myself and it was a pain. This entails 1) keeping track of the other drivers, 2)keeping track of previous calls, 3)teasing relevant information out of customers calling for ataxi-ride, 4)steering a vehicle through local traffic, 5) dispatching calls to other drivers, 6)calling fares when a cab arrives to pick them up, and 7)interacting with the fare in my cab. When more than three cabs are on the road this became a mental juggling exercise which was nearly as distracting as a fraternity brawl in the cab! While I became a more defensive, safe driver -others didn't and got into accidents. Marco's Taxi did have some complaints, and even totaled a vehicle, due to drivers' dispatching from cabs in our first several months. We soon moved to an office-bound dispatch system and never regretted it. 8/5/2010 Page 2 of 3 That said, many customers prefer riding with a specific driver and have her/his cell phone number. I usually take these calls under 30 seconds (where are you, how many, where to, click), and if I'm in bad traffic I won't answer immediately but call them back a minute later. For these and other business related calls (talking to dispatcher or other drivers) cell phones have become an essential tool for taxi drivers. It's just wrong to to add dispatching to a drivers responsibilities. Require 24/7 operation Again, 24/7 dispatch from an office with a listed land-line. I thought 24/7 operation was already in the current policy, but many companies are not doing this. With 15+ companies we don't need part-time companies that might not take the job seriously. Last year I was in a convenience store where a rival driver answered his cell phone with the company name. "Where are you, how many people?", it was clear he was playing dispatcher. He said he was quite busy and would pick them up in an hour, hung up, and went into the restroom. I had seen him parked downtown a several minutes earlier -not very professional. Increase requirement to start a business to 4 vehicles The days of the "hobbyist cabbie" should be over. Instead of starting a new business with four, why not mandate a minimum of four for all current taxi companies? The smaller cab companies could expand or merge resources. Marco's started in 2006 with 4 cabs, had 7 about a year later and is currently contemplating upping to 13 this winter. I believe the current ordinance specifies a minimum of two employees and two cabs. This would mean trading 12 or 24 hours shifts between two people! The new rules should be 7 employees and 4 vehicles within each company to allow for days off or family emergencies. In the past 6 years, we've more doubled the number of taxis in Iowa City. I can't imagine the outcry if Iowa City doubled the number of hotels, or restaurants, or bars, or malls in under a decade. Personally I would like to see the total number of taxi companies capped at 6 -Cedar Rapids used to have a 4 cap. Granted this would obstruct new companies for a while, but entrepreneurs could always buy into or even buy out an existing company. Frankly, there are some "hobbyists" that shouldn't be operating a business in Iowa City. Provide penalty for operating unlicensed cab with bubble and/or lettering $200 or even $500 would be OK with me - of course as a non-owner this doesn't directly affect me. Since bubble and company lettering is mentioned here, let me say I thought not requiring a unique color scheme for each company was the only major mistake made in crafting the present Taxicab Policy. This was something that shouldn't have been lost from the previous policy. A bubble light, identifying lettering, unique color scheme, current DOT license, city license/sticker, and insurance should be properly maintained at all times. Please re-instate the color scheme requirement and discourage the hobbyists. Driver Badge I intended to try Gabbing as a temporary job, it's been my only job for seven years now. It'd be nice to see a minimal increase for drivers badge fee. Drivers already pay for DOT and criminal history records anyway. Which brings me to insufficient vetting by Police. Only honest cabbies will charge an appropriate amount for each fare. From what I've seen, the police merely rubber stamp each annual application for a drivers badge, allowing many questionable persons into the taxi industry. To offset this, I would recommend a national criminal history check rather than State of Iowa only. Also refuse those who are one point from loosing their driving license. Violent convictions within the past five years (first degree assault or sex crimes especially) should also be a red flag worthy of either denying a taxi badge or issuing for 6 month period only. The public should be able to trust local taxi drivers. Inspection fees Yes, Inspection fees should be raised a minimal amount. Because some vehicles are reinspected after failing or after an incident, this fee should remain low. The taxi sticker however (displayed on the windshield) should be exorbitant - at least $100 for the year. Taxi's are money making machines that run 24/7 when needed. 8/5/2010 Page 3 of 3 However, should the sticker need to be replaced within one year (like replacing a chipped windshield, etc.) a nominal fee (under $20) would be nice. Miscellaneous The underlying problems in the local taxi industry stems from the proliferation of cabs in the past five years. Many companies have depended on "bar rush" customers (especially from the "under 21" establishments) and have never developed a regular clientele. The unsuspecting drivers hired by these companies sit around for most of their shift -often on Clinton Street after 9 PM -getting only a few fares. Then after 1 AM they try to make up for earning so little by overcharging the drunk passengers that get in during the one hour "bar-rush". These drivers don't know any better -it's how they are trained. Unless they overcharge, these drivers (independent contractors) are taking home much less than minimum wage for their time. The situation isn't fair to those ~~ ~~ persons unfortunate enough to be hired by the hobbyist company owners. Should these new rules reduce the number of amateurish, part-time cab companies, the professionalism of the Iowa City for-profit public transportation industry will shine. Thank you for reading my Email. I trust the new ordinances you enact will be several steps in the right direction. Christopher Bergan CCharlesIC@msn.com (319) 325-5010 8/5/2010 ~1~1~ ~owa~c-rr i 1 t ~ ~ ~~ ;,: Yellow Cab of Iowa City P.O. Box 428 Iowa City, IA 52244 (319) 338-9777 *NEW* www.yellowcabic.com To the Iowa City City Council: We would like to thank you for taking the time to discuss changes to the taxicab ordinance. At your work session of July 12, 2010, we felt that many on the Council are generally supportive of changes that will improve the overall image of the local taxicab industry. One idea raised during the work session dealt with the elimination of `special event' rates that many taxicab companies currently charge. We think you should know a few facts about these types of rates. At Yellow Cab, we charge a `special event rate' during Saturday home UI football games. This rate is currently $4.00 per person. Yellow Cab uses this 'special rate' only 6-7 times a year, depending on how many home games are scheduled. The `special event rate' has been used by Yellow Cab for years. The reason we use this rate is economic. During these events, demand for taxicabs in our city soars. As this demand increases, so do many of our expenses. During home games, our taxicabs wait in traffic for periods far exceeding normal, and as a result we burn more fuel than we would on normal trips, even short ones. In addition, the demand for taxicabs increases our call volume, and as a result we must employ double dispatchers for the entire day, which raises our costs. Further, in order to keep our entire fleet on the streets at all times to meet this demand, we employ a mechanic for home football days, which we do not normally do (meaning, on Saturdays). Another reason we use the special rate is to ensure that our drivers are compensated for the additional time it takes them to complete their fares. On a normal Saturday (or any other non-event day), our drivers can run 4 calls an hour, yet with the increased delays in traffic on game days, our drivers are lucky at times to clear 2 calls an hour. If not allowed to charge for the additional time it takes to wait in traffic, all of these drivers would be earning far less than the minimum wage. Even with tips, it would be difficult for us to ensure a complete staff of qualified drivers willing to work if they were not allowed to be compensated for the extra time involved. The City Clerk mentioned that in her research of other cities in Iowa, none of the others seem to have a `special event rate.' We do not know whether this means those cities do not allow for a special event rate, or one is not ~1101y Yellow Cab of Iowa City (i~t1 P.O. Box 428 ~/~ Iowa City, IA 52244 -owa c-Tr (319) 338-9777 *NEW* www.yellowcabic.com mentioned. Regardless, the point is that in this case, no other cities in Iowa are quite like Iowa City, and are not comparable. Other cities do not have Kinnick Stadium, nor are home to a Big Ten University. While Ames has a Division I football team, the situation remains incomparable given the location(s) of stadiums, size of crowds, and parking amenities of both venues. In short, Iowa City is different from other locales in Iowa, so special consideration must be addressed. Our $4.00/person special event rate also serves the consumer. Many visitors from out-of-town need to know what it will cost them to get to the stadium. If we did not charge this `special event rate,' we would have to use our meters to calculate mileage plus waiting time, and this would mean a far less predictable rate than $4.00/person. This $4.00 price point makes it easier for our customers (both residents and visitors) to make an informed choice as to whether or not they will take one of our taxicabs, or choose some other form of transportation. Of course, some of our competitors charge far more for their `special event rates,' but our practice has been to keep the local hotels informed as to which cabs are doing these excessive rates, so they may warn their guests. In addition, some taxicab companies charge this rate for any conceivable `special event' they can think of, while we charge it only for home football games. We invite you to take this into consideration when drafting changes to the local ordinance. We certainly want to continue to provide great service at a competitive price, and on home football game days, we feel our business is an important part of keeping intoxicated drivers off the roads, and moving crowds around safely. If you have any questions about this, please feel free to contact me. Thank you very much. r-.a C rr ~ ~ ~-- ..4 - 3C= ~~ Roger E. Bradley T ~ ~v.° Manager '~ ~, Yellow Cab of Iowa City ~ = ~7 __ ~~.; ~~ ~~ ~ ,~-, _ -• y ~ July 12, 2010 ~: ~ °~~=~ - ~ ~ ~~ F-",,.~ C J 6-~ ,= , € .- ~~ ~ v The Iowa City taxi industry is unique in that it supports a high number to taxis relatiye`to thesize ~ of the area. The students, hospitals, university sporting events and alcohol-related law issues have a11-? played a part in creating a level of demand for taxi services that is much higher than in bigger cities lime Des Moines and Cedar Rapids. These are the same reasons why we have a million dollar umbrella. ' - In years past the few larger companies in town could not handle the load by themselves so new competition sprung up. Now you can get a taxi within 5 to 15 minutes to anywhere in the city. There is a healthy and sometimes intense price competition between companies. While the overall customer complaint rate in the Iowa City taxi industry is miniscule, some price gouging and safety issues have arisen. We would not like to see unnecessary and costly regulations put in to place to deal with a relatively small problem caused by a few unruly individuals. • We full support an inspection fee of $25 to $100 per taxi. • We full support all taxi drivers being correctly insured and licensed by the city and state. • We fully support driver and company accountability when the current rules are broken. • We fully support receipts to be required upon customer request. • We fully support more clearly posted taxi rates and complaint information so that the customer knows what they are getting in to and knows to where complaints should be directed. • We support the use of taximeters in general but do not feel that they should be required for use on every trio. Many trips are run on a flat rate agreed upon by the company and customer prior to departure. Meters represent the maximum charge and we do not want to be required to charge the maximum amount on every trip that we take. • We do not support a required central dispatching station, office and 24-hour operation. Call volume does not exist for small companies to operate in such a fashion. • We do not support a change in the minimum number of taxis required to start a company or a required color-scheme. We feel that the current settings encourage healthy competition that is beneficial to the customer. • We do not support a limit to the number of cabs that can be on the streets. Competition is healthy for the taxi industry. We constantly get complemented on the high level of taxi services here in Iowa City. The number of cabs in IC compared to other cities in Iowa is justifiable when considering the stadium events, university students, university hospital, international students and travelers and the high number ofalcohol-related law incidents. These are many of the same reasons used by the Risk Management team to justify our million dollar umbrella. The main issue here seems to be that many complaining customers do not know which cab that they were in or where to complain. These issues could be remedied by requiring more clearly posted rate and complaint information and by requiring each taxi-cab in Iowa City to have a unique and identifiable number clearly and uniformly posted on the interior and exterior of the cab. This number could match the number on the required decal that is in the windshield of each licensed taxi in the city. Thank you for your ti a and have a great da . ~t Chris Cutkomp ~ ~ ~ ~ 1 f~ ,~'~ ~j ~?~ King Taxi-Cab II/~~~VVV ~ ~~~ e~ ~ ~ "-- Iowa City Driv' g Badge # 09-21 ~©~~~ ~~~- vv` ~ /Ulu~a'L /ylr,~~ ~~1,vr~er, ~av~ ~~,~ ~ ~~~ ~a,/ate 7- lz -~/U ~~~~~/-~ c~,~ ~~~ Saturday, Felaruary 27, 2Q10 ~fte~a3elfe :~,:~,~ ~~ Sj~~~ Irl'al~lem is not the l; it's hallal'ill~ the ,„ ~. layer lli°atllay, Yellow Cali `lc believes havitag tget' recluirealaellts - 'ate meters, lttlit'©rtn ;le colors atul 24- dispatclt statinns, so !rs tareta't piekinl; up n~hile nta their cell es -- would increase ty oi'service. believes keepitlg ~e "t1y-by-aaig}lt" nt'- ;atintls 4vouL[l ensure :abdrivers care tunre t the service tkley use than simply try- ~ nlalcc a [luirlt buck. ie cii.y lags eoaaaplaint s iCsntneoue 1'ecls ~l ras uusatE: caJ' violat- eir rates, but John- aid the laborious :af Filing havialg to site h the police cleptlrt- lceops anost lat?caple tlaking the tittle to so. °. ;,ices [h work )ll'I'0 Ilr ~Il O~IC~ its a Hoar it's Oil, 'y0U'I'a a[It lit tlla It's llat~ I tlalr't why they wauld~rrt e~er'yl~ody.„ Gerrtllo-1lralter, UI nurse Julie Ifaehn Irhotos/Tire Gazette fan lorry City iaar patron gets Into a Gala ht doa^rntaa^r,a Ioti^ra Cily, as nnalfgale Galas Ilse Cllaaton Street during the early hours ofi fell. ~,9, Wltia :[9 cab couapanies ha the city anti cetaaplainfs of tare gouging lay same, the lama City Ceuncfl aaaay icolc into strengthen• slag rogldatlons. City C;outacil metnhea'- Lnuncilnr Nlilce Wright at;rec[l city of'kicials cnul[l do nlnre to etaslu'e a het- tcr systetll is followed. "Whets you're t~llkitag lTl tet'alls ol~t"~ltt~5, t l(ncaw people why have boon gouged. I l3avo,,' he said. '1'he issue will likely he inrought up alt the cnuncil's ~vnrlc sessinn t~~[onday. llt'.s~~111Fa BalleJr sai(1 the issue will likely be brnlagllt ula 41t th[~ cnlatl- cil's alert work session otl ibloal[lay to se:c.~ ii' the council is ready to re-look sat possible chaaages to the ordinance. l~ CemmenYs: (31~) 33J- 3162; ann[j.lolirsoir gazcanrnr.comYi~e city. 't ,. 4 h~ i -- ~~ t ~ ~ ~ ~`tiit ~ SI~~ J It t ~r - ~ ~ - ~ ~ _ __ ~ y~5a ~, l:'a •~. o~ }..-'~l E•! li+i.~I~ 4!I'.~ ~~~~~t ~* ~`. l,y'n _~-~,t+~1.1Yu~a ,~f'!-'t~,l..f~ c' f+~4 •11^` /r'p'l.1 ,l li~+a;~4:, Jeff naascir/31re G~rzettc lino person dfe[I In a tiro hate Wethaes[lay at this nlotailo houao at 2G30 2.Glitia St. In rural WII- Ilantsburg, shorna 7llursday. Agents tivitla the State Fire Marshal's Offifce are ialvestil;athag, but a cause has no# been deterutlned. ~ly~n~~c~/l(~~ ~a ~~k gar d~~~il ~ FfIOPJI PlIG11A Gb~ltnpagale. iWlat•ie-Philip ['taulin, the 18 Year-nld hero of the gold medal gatllc ~vitla twn glJals, had ~t beer iaa saes' hatacl even tllcaugh she's still ~- tew 4veelcs shy ot'the legal dritllciug age iaa British t;oluanbi~l. The Interalational C?lytllpic Cnnunittse said it 4vntal[i setld a letter to Lalla[liElal nl'grltll%ea'S aSIC- ilab Fnr aaaore tleltlils al:anufi what hataneue[l but was leava City bar patrons Mile into n cab on Cillaton Street daariug the oarly hours of fel,. 19, Wlt1r :#~ cab cornpanles In tltt, city anti compfahats ofi fare geuging by same, the leava City Ceuncll naay foals htto strengthening regufatitaaas. r -~_ -~ CITY OF IOWA CITY ~~.® ~ ~mli. ,~®,~~~ E ~ C~ RA ~ D ~ ~ Date: August 12, 2010 To: Mayor and City Council ~,l From: Marian K. Karr, City Clerk Re: Taxicab Code Changes At your work session on July 12 Council directed staff to proceed with changes to the current taxi vehicle and drive City Code. We have prepared two ordinances for consideration at your August 17th formal meeting. The first ordinance contains provisions for: 1. Companies to establish rates based on time, distance (including destination rates) and allows for extra rider stipulation and clean up rates in accordance with the posted rate card 2. makes it the taxicab business' responsibility to provide for identification card and liability insurance for their drivers. This ordinance would go into effect upon publication this September. The second ordinance provides for the following: 1. Requires a dispatching station or office (prohibiting dispatching from vehicles) 2. Requires 24/7 operation of at least one vehicle per company 3. Increases the requirement to start (and maintain) a business to 4 vehicles at all times 4. Requires all vehicles to have a taximeter and the taximeter be calibrated and sealed by a certified calibrator. 5. Establishes provisions for rate card changes and re-calibration of taximeters This ordinance would go into effect with the March 1, 2011 licensing year. Cc: Cab Companies S:taxi:memocodechanges.doc ~..~J Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 1, ENTITLED "GENERAL LICENSING PROVISIONS" AND CHAPTER 2, ENTITLED "TAXICABS" TO CLARIFY REVOCATION PROCEDURES, RATE PROVISIONS AND DRIVER BADGE PROVISIONS TO PLACE RESPONSIBILITY FOR ISSUANCE OF AN IDENTIFICATION CARD AND DRIVER LIABILITY INSURANCE ON THE TAXICAB BUSINESS. WHEREAS, City Code section 5-1 establishes application, issuance and revocation provisions, and 5-2 establishes regulations for taxicabs and drivers; and WHEREAS, City Council wishes to clarify revocation procedures, update insurance language provisions, place the responsibility for insuring individual taxi drivers and securing driver liability upon the taxi company, and clarify rate provisions; and WHEREAS, it is in the best interest of the City to adopt new regulations for "taxicabs". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 1, entitled "General Licensing Provisions," is hereby amended by deleting it in its entirety and adding a new Chapter 1, entitled "General Licensing Provisions" as follows: 5-1-1: LICENSE OR AUTHORIZATION REQUIRED: It shall be unlawful for any persons to engage in any business for which a license or authorization is required by this title or any other provision of this code without first obtaining a license or authorization and paying the license fee therefore as prescribed for such business by this title or other provisions of this code. 5-1-2: APPLICATION FOR LICENSE OR AUTHORIZATION: A. All persons who are required under any ordinance of the city to procure a license or authorization for the purpose of engaging in any business or vocation shall first make application to the city clerk for such license or authorization, except as otherwise provided. B. It shall be unlawful for any person to knowingly misrepresent, falsify or conceal any information required by the city in any form of application for a license or authorization required in the ordinances of the city. It shall be unlawful for any person to knowingly orally misrepresent, falsify or conceal any material information requested by any duly authorized officer or employee of the city in connection with the granting of any license or authorization required by the ordinances of the city. 5-1-3: ISSUANCE OR DENIAL OF LICENSE OR AUTHORIZATION: All licenses or authorizations shall be issued by the city clerk or designee, and a record thereof kept by the city clerk or designee. The city clerk or designee may refuse to grant a license or authorization in any case based on health, safety and public welfare concerns. 5-1-4: RESERVED: 5-1-5: REVOCATION OF LICENSE OR AUTHORIZATION: The city clerk may revoke any license or authorization issued under the provisions of this title, after proper hearing before the city manager or designee, by sending written notice of said hearing by regular mail to the taxicab business or driver at the last known address not less than five (5) calendar days before the date of said hearing; or by personal delivery with seventy-two (72) hours notice of date of said hearing, for any of the following causes: Ordinance No. Page 2 1. Any misrepresentation on the application for license or authorization. 2. Violation of any federal, state or local law. 2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs" is hereby amended by deleting the following subsections in their entirety and adding new subsections as follows: 5-2-1: DEFINITIONS: As used in this chapter, the following definitions shall apply: AIRPORT SHUTTLE: A vehicle furnished with a driver that carries passengers for hire exclusively on a route that either starts at or ends at the Eastern Iowa Airport or the Quad Cities Airport. APPLICANT: A person or entity wishing to operate as a taxicab business within the corporate city limits or a person wising to drive a taxicab. CHARTER TRANSPORTATION: Avehicle furnished with a driver that carries passengers for hire either on a fixed route in the city or pursuant to a written contract with reservations at least twenty four (24) hours in advance of the service. The vehicle shall operate without a meter installed and charge for services on an hourly basis or longer periods of time. DECAL: A sticker issued by the city clerk for each vehicle operated by a taxicab business. DESTINATION RATE: A flat fee charged by a taxicab business to carry a fare from one specified geographic location to another specified geographic location that is applicable at all times and on all days. DRIVER: A person who is authorized by the city to drive a taxicab. HORSEDRAWN VEHICLE: Any vehicle operated or pulled by a horse, furnished with a driver and carrying passengers for hire within the city, and operates without a taximeter. LICENSE: Written permission by the City to operate a taxicab business. MANIFEST LOG: A daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. PEDICAB: A vehicle propelled exclusively by human power through a belt, chain or gears, having two (2) or more wheels, furnished with a driver and carrying passengers for hire. It shall be equipped with properly functioning front and rear lights for nighttime operation, right and left rearview mirrors and right and left turn signals, and operates without a taximeter. RATE CARD: A card containing the maximum fare rates and complaint procedure, and filed with the city clerk.. STREET: Any street, alley, court, lane, bridge or public place within the city. TAXICAB: All vehicles furnished with a driver that carry passengers for hire within the city, including, but not limited to, taxicabs, pedicabs, horsedrawn vehicles, and airport shuttles. "Charter transportation" as defined in this section and a vehicle owned or operated by any governmental entity that provides public transportation are not taxicabs. TAXICAB BUSINESS: A person or entity that provides taxicab services originating within the corporate limits of the City of Iowa City. TAXICAB SERVICES: All activities conducted as part of or in furtherance of a taxicab business. TAXIMETER: A device attached to a taxicab that automatically calculates at a predetermined rate or rates and indicates the charge for hire of a vehicle. Ordinance No. Page 3 5-2-3: LIABILITY INSURANCE REQUIREMENTS. A. Requirements: 1. As a condition to receiving a taxicab business license or a vehicle decal, the applicant shall file with the city clerk evidence of liability insurance coverage via a certificate of insurance which shall be executed by a company authorized to do insurance business in this state and be acceptable to the city. The taxicab business must file with the city clerk one certificate of insurance listing all vehicles. 2. The taxicab business shall insure each driver. 3. The minimum limits of the taxicab business policy and the individual driver's policy shall be determined by city council resolution. 4. The cancellation or other termination of any insurance policy or certificate shall automatically revoke and terminate the licenses issued for the taxicab business and the vehicles covered by such insurance policy, unless another policy, complying with this chapter, shall be provided and in effect at the time of such cancellation or termination. The city clerk shall immediately issue written notification of the revocation of all licenses for the taxicab business and the vehicles covered by such insurance which is canceled or terminated. All decals must be returned to the city clerk. Subsequent issuance of business licenses and decals will be in accordance with the terms of this Chapter and at the applicant's expense. 5-2-6: DRIVER REQUIREMENTS: A. No person shall operate a taxicab without authorization of the city clerk. No taxicab business shall allow a person to drive a taxicab unless the driver has the authorization of the city clerk. B. Each person desiring to drive a taxicab shall file an application with the city clerk. Such application shall be verified under oath and shall furnish the following information: 1. The name and address of the person. 2. The experience of the person in the transportation of passengers. 3. The person's record of convictions of misdemeanors and/or felonies, including moving and nonmoving traffic violations, and certified state of Iowa criminal history and certified state of Iowa driver's record. 4. Motorized taxicab drivers shall possess a currently valid Iowa chauffeur's license. 5. Such further pertinent information as the city may require. C. Issuance Or Denial Of Authorization: 1. If the city clerk finds that the applicant has fully complied with the requirements of this Chapter and the Police Chief or Chief's Designee has determined that there is no information which would indicate that authorization to drive a taxicab would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall authorize the individual to drive a taxicab. Names of authorized drivers will be made available in the office of the city clerk during regular business hours and on the city website 24 hours a day, seven days a week. 2. The refusal to authorize a person to be a driver must be based on an adverse driving record and/or conviction of other crimes or, in the case of a horsedrawn vehicle operator, failure to demonstrate ability to control the animal and vehicle in traffic. D. Each driver, while operating a taxicab in the city, shall prominently wear on the driver's person an identification card provided by the taxicab business showing the full name of the driver and the taxicab business. Ordinance No. Page 4 5-2-7: RATES; HOURS; COMPLAINTS: A. Display Of Rate, Hour and Complaint Procedure Card: 1. Each taxicab shall have prominently displayed a rate card visible to all passenger seats, and each driver shall provide a copy of said card to a passenger, when requested. A copy of the rate card shall be filed with the City Clerk. The rate charged must be in accordance with the rate card on file with the City Clerk. 2. The rate card shall contain the following language: "Complaints regarding this taxicab's compliance with applicable regulations may be directed to the Iowa City Police Department on the form available at the Department located at 410 E. Washington Street, Iowa City, Iowa 52240 (319) 356-5275." 3. Rates must be based on time, distance, or a combination thereof. A rate based on distance includes destination rates. All other rates, charges, or fees, except for extra rider stipulations, clean up rates, and package delivery rates are prohibited. 5-2-8: VEHICLE REQUIREMENTS: B. Lighted Dome: Every motorized taxicab shall have a lighted dome attached permanently to the exterior roof of the vehicle with lettering that identifies the vehicle as a taxicab visible from the front and back of the vehicle. The lighted dome shall be a minimum size of twelve inches by one inch by three inches (12" x 1" x 3"). In the event the city equipment superintendent or designee determines that the permanent attachment of a dome to the exterior roof is not possible, the city equipment superintendent or designee may approve an alternative placement. Airport shuttles are exempt from the lighted dome requirements. 5-2-10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS: A. Taxicab business licenses shall be valid for one year. They shall commence on March 1 or the date of issuance, and shall expire on the last day of February. B. Driver authorization shall be valid for a period of one year from date of issuance or the remaining period of chauffeur's license if under one year. C. Decals shall be valid for one year. They shall commence on March 1 or the date of issuance and shall expire on the last day of February. D. Renewals shall follow the same procedure as set for initial issuance. E. Fees for licenses and decals shall be set by resolution of the City Council. 5-2-12: Airport Shuttles: This section should be deleted in its entirety and the section number "reserved" for future use. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 upon publication. Passed and approved this day of , 2010 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page 4 5-2-7: RATES; HOURS; COMPLAINTS: A. Display Of Rate, Hour and Complaint Procedure Card: 1. Each taxicab shall have prominently displayed a rate card visible to all passenger seats, and each driver shall provide a copy of said card to a passenger, when requested. A copy of the rate card shall be filed wit the City Clerk. The rate charged must be in accordance with the rate card on file with the City Clerk. 2. The rate ca shall contain the following language: "Complaints regarding this taxicab's compliance with ap icable regulations may be directed to the Iowa City Police Department on the form available at the epartment located at 410 E. Washington Street, Iowa City, l0 52240 (319) 356-5275." 3. Rates must be base on time, distance, or a combination thereof. Ara based on distance includes destination rates. All other rates, charges, or fees, except for extr rider stipulations and clean up rates, are prohibite 5-2-8: VEHICLE REQUIREMEN B. Lighted Dome: Every motori d taxicab shall have a lighted do a attached permanently to the exterior roof of the vehicle with Jett 'ng that identifies the vehicle as taxicab visible from the front and back of the vehicle. The lighted do a shall be a minimum size twelve inches by one inch by three inches (12" x 1" x 3"). In the event city equipment superint dent or designee determines that the permanent attachment of a dome tot exterior roof is not pos le, the city equipment superintendent or designee may approve an alternative lacement. Airport utt-es are exempt from the lighted dome requirements. 5-2-10: TERMS OF DECALS AND AUTI-IpRIZATION~f2ENEWALS: A. Taxicab business licenses shall be val for o year. They shall commence on March 1 or the date of issuance, and shall expire on the last da f F ruary. B. Driver authorization shall be valid fora riod of one year from date of issuance or the remaining period of chauffeur's license if under one y ar. C. Decals shall be valid for one year They s II commence on March 1 or the date of issuance and shall expire on the last day of Febru D. Renewals shall follow the sa a procedure as se for initial issuance. E. Fees for licenses and dec s shall be set by resolu ~on of the City Council. 5-2-12: Airport Shuttles; This section should be~eleted in its entirety and the sectl~n number "reserved" for future use SECTION II. PEALER. All ordinances and parts of rdinances in conflict with the provision of this Ordinance are h reby repealed. SECTION . SEVERABILITY. If any section, provision or art of the Ordinance shall be adjudged to be invalid or unc nstitutional, such adjudication shall not affect th validity of the Ordinance as a whole or any section, pro sion or part thereof not adjudged invalid or unconst tional. SECTI N IV. EFFECTIVE DATE. This Ordinance shall be in ect upon publication. Passed and approved this day of MAYOR ,2010. A' CITY CLERK gppr~~y'''v~~~=~'"-'ey's O~#ice 1 at ~ 0 `S Ordinance No. Page 4 ~, 5-2-7: RAPES; HOURS; COMPLAINTS: A. Display O~Rate, Hour and Complaint Procedure Card: 1. Each taxi~b shall have prominently displayed a rate card visible to all pas enger seats, and each driver shall prdvide a copy of said card to a passenger, when requested. A c py of the rate card shall be filed with the\ ity Clerk. The rate charged must be in accordance with th rate card on file with the City Clerk. ~ 2. The rate card shall contain the following language: "Complains regarding this taxicab's compliance with ap licable regulations may be directed to the Iowa C~ y Police Department on the form available at the epartment located at 410 E. Washington Street Iowa City, Iowa 52240 (319) 356-5275." 3. Rates must be base on time, distance, or a combination th` nn distance includes destination rates. All other rates, charges, or feP° ations and clean up rates, are prohibite . 5-2-8: VEHICLE REQUIREMENTSt: /~ //> ~" B. Lighted Dome: Every motorized taxicab shall have a ligh - to the ~nt and exterior roof of the vehicle with letter'iivg that identifies the vehicl .~ back of the vehicle. The lighted domeshall be a minimum si ' ..: rnch by three determines that the ten inches (12" x 1" x 3"). In the event the`~city equipment super i ~~ erintendent or nt su p permanent attachment of a dome to the e~,terior roof is not po sible, , ;.qu p me designee may approve an alternative placement. Airport uttles ,.~e exempt f rom the lighted dome requirements. \ 5-2-10: TERMS OF DECALS AND AUTHORI~TION; I~NEWALS: A. Taxicab business licenses shall be valid for oh of issuance, and shall expire on the last day of Feb B. Driver authorization shall be valid for a peri period of chauffeur's license if under one year. C. Decals shall be valid for one year. They half shall expire on the last day of February. / They shall commence on March 1 or the date year from date of issuance or the remaining D. Renewals shall follow the same proce~(ure as set for initial on March 1 or the date of issuance and E. Fees for licenses and decals shall set by resolution of the Ci Council. 5-2-12: Airport Shuttles: This section should be deleted i is entirety and the section number "res rued" for future use. All ordinances and parts of ordinances in con~ct with the provision of this Ordinance are hereby rep led. SECTION III. SEVER BILITY. If any section, provision or part of the Ordinan shall be adjudged to be invalid or unconstitution ,such adjudication shall not affect the validity of the Ordi nce as a whole or any section, provision or p thereof not adjudged invalid or unconstitutional. SECTION IV. EF ECTIVE DATE. This Ordinance shall be in effect upon publicatio . Passed and ap~roved this day of , 2010. MAYOR ATTEST; CITY CLERK Appry ~ey's O~ce I ~ ~ D ~~~ Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 8/ t ~/ o t o Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 10 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 1, ENTITLED, "BUILDING CODE," SECTION 3, ENTITLED "AMENDMENTS TO CODE," TO DELETE SECTION 313 OF THE INTERNATIONAL RESIDENTIAL CODE. WHEREAS, on December 1, 2009, the City adopted the 2009 edition of the International Residential Code ("IRC"), which is codified at section 17-1; WHEREAS, with limited exception, the local amendment to section 313 of the IRC requires that townhouses and one and two family occupancies protect lightweight materials such as trusses or engineered lightweight material in the structural floor or ceiling areas in a particular manner; WHEREAS, issues have arisen with the implementation of said section; WHEREAS, it is anticipated that the 2012 edition of the IRC will address these issues; and WHEREAS, it is in the City's best interest to delete this provision until the adoption of the 2012 edition of IRC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 17, entitled "Building and Housing," Chapter 1, entitled "Building Code," Section 3, entitled "Amendments to Code," is amended by deleting section 313 of the IRC in its entirety. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 day of , 2010. MAYOR ATTEST: CITY CLERK Ap ed: ~- ~ ~ --i a City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 8 / 17 / 2010 Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published